The entire article is and shall be deemed an exercise of the police power of the State of Texas and the city of Sundown for the public safety, comfort, convenience and protection of the city of Sundown and the citizens thereof, and specifically to protect the public health by regulating and controlling the sale of food from vehicles or other traveling types of peddlers and solicitors, to protect the unestablished and itinerant peddlers and solicitors; and all of the provisions of this article shall be constructed for the accomplishment of such purposes.
(1986 Municipal Code, Title 4, Chapter 1, Section 4-1-1)
As used in this article, the following terms shall have the respective meanings ascribed to them:
Peddler.
Any person, whether a resident of the city or not, traveling by foot, automotive vehicle, or any other type of conveyance, from place to place, from house to house, or from street to street, carrying, conveying or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, garden truck, farm products or provisions, and offering and exposing the same for sale, or making sales and delivering articles to purchasers, or who, without traveling from place to place, shall sell or offer the same for sale from a wagon, automotive vehicle, railroad car or other vehicle or conveyance, one who solicits orders and, as a separate transaction makes deliveries to purchasers as a part of a scheme or design to evade the provisions of this article shall be deemed a “peddler” subject to the provisions of this article.
Solicitor.
Any individual, whether resident of the city or not, traveling either by foot, automobile vehicle or any other type of conveyance, from place to place, from house to house, or from street to street, taking or attempting to take orders for the sale of goods, wares and merchandise, personal property of any nature, whatsoever for future delivery, or for service to be furnished immediately or performed in the future, whether or not such immediately or performed in the future, whether or not such individual has, carries exposes for sale a sample of the subject of such sale or not. The term “solicitor” shall include any person who, for such person or for another person hires, leases, uses or occupies any building, structure, tent, hotel room, lodging house, apartment, shop or any other place within the city of the sole purpose of exhibiting samples and taking orders for future delivery. Such terms shall also include itinerant photographers.
(1986 Municipal Code, Title 4, Chapter 1, Section 4-1-2)
(a) 
It shall be unlawful for any peddler or solicitor to engage in any activity described in Section 4.101 within the city without first registering pursuant to the provisions of this article.
(b) 
Any person or company desiring to register as required by this article shall complete a written registration form and give said form to the city secretary. The registration form includes the following;
(1) 
Name and description of the applicant.
(2) 
Permanent address and full local address of the applicant.
(3) 
Drivers license number and related information for each employee who will use the license.
(4) 
A brief description of the name of the business and a description of the goods to be sold.
(5) 
The entire length of time for which the right to do business is desired.
(6) 
A statement as to whether or not the applicant has been convicted of any crimes, misdemeanor or violation of any provision of this code, the nature of the offense and the punishment or penalty assessed therefor.
(c) 
Each applicant registering under this article shall be charged a nonrefundable fee as provided for in the fee schedule found in the appendix of this code.
(d) 
Registration issued under this article shall be required either on a weekly basis or a annual basis depending upon the fee paid.
(1986 Municipal Code, Title 4, Chapter 1, Section 4-1-3; Ordinance adopting Code)
Peddlers and solicitors shall always exhibit a permit or a copy of the permit issued by the Texas State Health Department if such a permit is required by state laws for the business activity.
(1986 Municipal Code, Title 4, Chapter 1, Section 4-1-4)
No peddler or solicitor shall have any exclusive right to any location in the public streets, nor shall any peddler or solicitor be permitted a stationary location, nor shall any peddler or solicitor be permitted to operate in any congested area where such operations might impede or inconvenience the public. For the purpose of this section, the judgment or a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.
(1986 Municipal Code, Title 4, Chapter 1, Section 4-1-5)
No solicitors or peddlers shall locate, display, demonstrate, or sell their products, foods or services upon private property unless the owners of that property have given written consent, and a copy of the written consent has been filed with the license application outlined in Section 4.103. No solicitors or peddlers shall locate, display, demonstrate, or sell their products, foods, or services upon public property within the City Limits of Sundown unless the solicitors or peddlers are participating in an activity or program sponsored by a public entity.
(1986 Municipal Code, Title 4, Chapter 1, Section 4-1-6)
The entry upon private property or residences of another by solicitors or peddlers, when a notice prohibiting such entry is posted on the property or residence, shall be deemed a trespass and punishable as a misdemeanor. Entry in or upon the premises of another by a solicitor or peddler, or upon the premises of another by a solicitor or peddler, or remaining upon such premises occupied or controlled by another, after having been requested to leave such premises, shall be deemed a trespass and punishable as a misdemeanor.
(1986 Municipal Code, Title 4, Chapter 1, Section 4-1-7)
(a) 
Solicitations or sales by civic groups, schools, youth under the age of nineteen (19), charities, and non-profit organizations shall be exempt from the provisions of this article.
(b) 
Any business which has been established for a period of over one year and which actually conducts business in Sundown for three or more months out of any given year shall be exempt from the provisions of this article.
(c) 
The provisions of this article shall not apply to sales made to dealers or businesses by commercial sales or sales representatives or agents in the normal course of business.
(1986 Municipal Code, Title 4, Chapter 1, Section 4-1-8)