Peddler.
Any person who engages in commercial activities within city limits by carrying goods or merchandise and selling or offering for sale for immediate delivery such goods or merchandise from house-to-house or business-to-business, or upon public property.
Solicitor.
Any person who solicits or attempts to solicit, from house-to-house or business-to-business, or upon public property, funds or orders for services, commercial goods, wares, merchandise, subscriptions or publications to be delivered at a future date or time.
(2004 Code, sec. 4.03.001)
Any person violating the provisions of this article is guilty of a class C misdemeanor and upon conviction shall be fined not more than $500.00 for each offense. Each day a person violates any provision of this article shall be considered a separate offense.
(Ordinance 1119, sec. 9, adopted 4/25/11)
(a) 
No peddler or solicitor may conduct activities defined in section 4.02.001 except between the hours of eight a.m. and nine p.m.
(b) 
No peddler or solicitor may peddle or solicit in the public streets, or from medians in the streets, within the city limits, or in any way block, obstruct, or unduly hinder passage on public streets within the city limits.
(2004 Code, sec. 4.03.002; Ordinance adopting Code)
Any peddler or solicitor who conducts or attempts to conduct business at a place where a sign clearly indicates that solicitors or peddlers are unwelcome is in violation of this article.
(2004 Code, sec. 4.03.003)
(a) 
Any person who is the owner or lawful occupant of private property within the territorial limits of the city, may prohibit peddling, or solicitation by registering their property in accordance with subsection (b) below.
(b) 
The city secretary will compile and maintain a list of persons desiring to be included within the provisions of subsection (a) above. This list is sometimes referred to herein as the “no-contact” list. The no-contact list shall be updated at least semiannually by the city secretary.
(c) 
No person peddling or soliciting shall contact any person who is on the no-contact list provided to that person.
(Ordinance 1119, sec. 8, adopted 4/25/11; Ordinance 1262 adopted 3/11/19)
(a) 
It is unlawful for any person to engage in the business of a peddler or solicitor within the city without first obtaining a permit from the city manager. A person may apply for a permit under this division for other persons only if those other persons are directly under the control of the person making the application. Each person for whom a permit is requested under this division shall be required to provide the information required by this division and to comply with all requirements of this article. Failure of any person to provide such information or to comply with such requirements shall be grounds to deny a permit to such individual. Further, each person to whom a permit is issued under this division shall be required to comply with all provisions of this article and the failure of any individual to do so shall be grounds to revoke or suspend the permit issued to such individual.
(b) 
Every person engaged in soliciting or peddling activities must have a permit issued pursuant to this division which identifies the person engaging in solicitation or peddling.
(Ordinance 1119, sec. 1, adopted 4/25/11)
(a) 
The following are excluded from permitting provisions:
(1) 
Newspaper carriers;
(2) 
Farmers who sell agricultural products that were raised or grown by them;
(3) 
Locally based nonprofit organizations;
(4) 
Religious proselytizing or distribution of religious literature;
(5) 
Political speech; or
(6) 
Canvassers who attempt only to distribute handbills or to solicit political support or to determine opinions or sentiments.
(7) 
Security service contractors and/or security investigation companies licensed by the state private security board as authorized in chapter 1702 of the Texas Occupations Code.
(b) 
Persons who are exempt from the permitting requirements pursuant to subsection (a) above shall be subject to the provisions of section 4.02.003 (hours and places of operation); section 4.02.004 (“no solicitors” signs); and section 4.02.005 (no-contact list); and are encouraged to notify the city manager as to the approximate dates of the door-to-door activities and the areas in which they will be working.
(2004 Code, sec. 4.03.032; Ordinance 1182 adopted 7/14/14; Ordinance 1183 adopted 7/28/14)
(a) 
Written application.
Any peddler or solicitor desiring to engage in activities as a peddler or solicitor within the city must file a written application for a permit with the city manager which application shall give the following information:
(1) 
Applicant’s name, telephone number, address, birth date, physical description, finger or thumbprint, criminal history check from the Texas Department of Public Safety, and either:
(A) 
Their driver’s license number and state; or
(B) 
Their social security number and an official, government-issued picture identification card;
(2) 
If the applicant is peddling or making solicitations for any commercial, charitable organization, the name, telephone number and address of such organizations;
(3) 
A full and complete list of goods to be sold and/or services to be delivered;
(4) 
For each individual involved in the peddling or solicitation campaign: their name, telephone number, address, birth date, physical description, and either:
(A) 
Their driver’s license number and state; or
(B) 
Their social security number and an official, government-issued picture identification card;
(5) 
Description (year, make, type) and license plate number and state of all vehicles to be used in soliciting and peddling; and
(6) 
Applicant must provide original identifying documents to the city manager upon request.
(b) 
Criminal background check.
Each person that will engage in peddling or soliciting activities will be subject to a criminal background check to determine whether any of those individuals are currently wanted on a warrant for arrest or have been convicted of one or more of the offenses identified in section 4.02.037 below. Each person undergoing a criminal background check must sign any documents, releases or waivers required to facilitate the criminal background check.
(c) 
Payment of fees.
The application shall be accompanied by the fees required by section 4.02.035 and an amount equal to the cost to the city of performing each criminal background check required. The permit fee shall cover the city’s administrative cost in processing the application and shall be nonrefundable in the event the application is denied. Any amounts advanced to the city for a criminal background check which are expended for that purpose by the city shall not be refundable in the event the application is denied for any reason.
(Ordinance 1119, sec. 2, adopted 4/25/11)
The application shall contain express provisions stating that issuance of a permit shall be conditioned upon compliance at all times during the duration of the permit with all requirements of this article and other applicable laws including, without limitation, compliance with the provisions of section 4.02.005 relating to those residents who are on the no-contact list maintained by the city.
(Ordinance 1119, sec. 3, adopted 4/25/11)
All peddlers and solicitors not exempted by section 4.02.036 shall pay a permit fee as set forth in the fee schedule in appendix A of this code.
(2004 Code, sec. 4.03.035)
The following are exempt from the permit fee:
(1) 
Any individual soliciting or peddling for a philanthropic, charitable, political or religious organization;
(2) 
Any individual engaged in interstate commerce.
(2004 Code, sec. 4.03.036)
(a) 
A copy of the application for a permit will be referred to the city manager who will undertake an investigation of the applicant’s record and background, such as shall be reasonably necessary to protect the public. An application for permit under this article may be denied where:
(1) 
Required application information is incomplete or incorrect;
(2) 
Applicant is currently wanted on a warrant for arrest;
(3) 
Applicant or any individual for whom a permit is requested has been convicted of theft or any offense reportable by the city to the Texas Department of Public Safety or the Federal Bureau of Investigation under “index crimes” part I and/or group A of the National Incident Base Reporting System or crime index programs or other law enforcement reporting system (e.g. aggravated assault, burglary, forcible rape, larceny-theft, motor vehicle theft, murder, non-negligent manslaughter, and robbery);
(4) 
Applicant or any individual for whom a permit is requested fails to comply with any other requirement of section 4.02.033 above.
(b) 
If the city manager denies a permit, applicant may appeal this decision in writing to the city council, which may affirm, modify or reverse the decision of the city manager. An appeal to the city council may be perfected by written notice to the city secretary delivered within ten days of the date the city manager’s decision is delivered to the permittee. Any decision of the city manager which is not properly appealed shall be final.
(Ordinance 1119, sec. 4, adopted 4/25/11)
(a) 
If the city manager finds that the application is completed in conformance with sections 4.02.033 through 4.02.036, a permit shall be issued within five working days from the date that all requirements of section 4.02.033 have been fully and completely satisfied (including the payment of all required fees) by the applicant and all persons for whom a permit it requested.
(b) 
The permit shall be the original application under section 4.02.033, with an official stamp indicating approval by the city manager and shall include, at the top of the permit:
(1) 
A picture of the individual for who the permit is granted;
(2) 
The name of the individual to who the permit is issued in large letters;
(3) 
A permit number and its expiration date.
(c) 
Each permit will be valid for 12 months from date of issue.
(d) 
The city secretary will retain one copy of the approved permit for official records.
(Ordinance 1119, sec. 5, adopted 4/25/11)
(a) 
The permittee is required to notify the city manager before any peddling or soliciting under the issued permit is conducted in each new calendar month after the issuance of the permit. At this time, the permittee will update any information required under section 4.02.033 that has changed and will obtain the then current no-contact list.
(b) 
The permittee shall inform each individual that is involved in the peddling or solicitation campaign of all requirements of this article and applicable law and shall suspend activities by any person who fails to comply with such requirements. The permittee will provide each person who is authorized to conduct peddling or solicitation under the permit with a copy of the current no-contact list.
(c) 
The permittee shall not permit any person other than those persons listed on the permit to be engaged in peddling or solicitation.
(d) 
Each peddler or solicitor will carry his or her original permit at all times while engaging in business in the city. The permit shall be exhibited upon the person of the individual it authorizes to conduct soliciting or peddling activities so that the permit is ready visible to persons with whom the peddler or solicitor makes contact. Upon request or demand by any citizen, code enforcement officer or law enforcement officer, the peddler or solicitor will exhibit the permit to indicate compliance with all of the relevant requirements of this article.
(e) 
The person holding a permit may not state or imply that the issuance of the permit by the city is an endorsement or approval by the city for the purposes of a solicitation or a product or service offered by the permittee.
(Ordinance 1119, sec. 6, adopted 4/25/11)
Permits issued under the provisions of this article are not transferable in any situation and will be clearly marked “not transferable.”
(2004 Code, sec. 4.03.040)
(a) 
The city manager or the city manager’s designee may, upon documented complaint or violation of law, suspend and confiscate a permit issued under this article.
(b) 
Peddlers and solicitors whose licenses are suspended have three business days during which to request an administrative review of the suspension. If a request for administrative review is not made within three working days, the permit is revoked.
(2004 Code, sec. 4.03.041)
(a) 
Upon permittee’s request, the city manager shall provide the permittee with written notice containing particulars of any and all complaints against him or her, and the time, date and place for an administrative review of the suspension.
(b) 
The city manager or the city manager’s designee will conduct an administrative review to determine whether the permit shall be restored or revoked.
(c) 
After notice and review, the city manager may revoke any permit issued under this article for the following reasons:
(1) 
Fraudulent statements, omissions on permit application or in conduct of permitted business;
(2) 
Any violation of law of the types identified in section 4.02.037(a)(3) above;
(3) 
Endangerment of public welfare, health or safety.
(d) 
If the city manager revokes a permit, applicant may appeal this decision in writing to the city council, which may affirm, modify, or reverse the decision. An appeal to the city council may be perfected by written notice to the city secretary delivered within ten days of the date the city manager’s decision is delivered to the permittee. Any decision of the city manager which is not properly appealed shall be final.
(e) 
Revocation or suspension of any permit shall bar the permittee from eligibility for any permit under this article for a period of one year.
(Ordinance 1119, sec. 7, adopted 4/25/11)