The purpose of this article is regulatory so as to generally require registration and identification of persons conducting commercial solicitation; and to protect the health, life, property and welfare of the citizens of the city against unwarranted and unreasonable solicitations. Notwithstanding anything to the contrary contained in this article, there shall be exempt from the registration requirements bona fide religious organizations and those otherwise participating in noncommercial solicitations.
(Ordinance 2060 adopted 3/5/15)
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Charitable Purpose.
The solicitation of money or property, for the benefit of a charity, philanthropy, or nonprofit organization or for the poor, underprivileged, needy, crippled, or handicapped persons; the teaching of patriotism or assistance to veterans or veteran’s organizations; or for existing educational institutions or for the establishment or endowment of educational institutions. Nonprofit organizations shall include, but not be limited to, multiple sclerosis, American Heart Association, muscular dystrophy, American Cancer Society, Boy Scouts of America, Girl Scouts, etc.
Consumer.
An individual who acquires real or personal property, services, money, or credit for personal, family or household purposes.
Parkway.
The area between the edge of the designated street and the adjacent owner’s property line.
Peddler, Solicitor, or Person.
Any individual, firm, company, partnership, corporation, association, trust, society, religious sect, organization, league, or other legal entity and includes any trustee, receiver, assignee, agent, or similar representative and includes all peddlers, solicitors, hawkers, canvassers, itinerant merchants or vendors and transient merchants or vendors of goods, wares, merchandise, services or any other articles.
Religious Organization.
An organization that is dedicated to the support of a church, religious society, or any other religious sect, group, or order.
Sidewalk.
Any surface provided for the exclusive use of pedestrians.
Solicitation.
Conduct whereby a person or its agent, member, or representative:
(1) 
Either orally or in writing, asks for a ride, employment, property, financial aid, money, or any article representing monetary value, for any purpose;
(2) 
Whether orally or in writing, sells or offers to sell goods, services, publications, or subscriptions;
(3) 
Distributes without remuneration goods, services, publications, or subscriptions; or
(4) 
Solicits signatures on a petition or opinions for a survey.
The term “solicitation” shall include persons engaged in the delivery of handbills or circulars door-to-door for the solicitation of money, products, services or other items of pecuniary value. An offer of membership in any organization is expressly excluded.
Street.
The portion of the street that is paved, designated, or used for vehicular traffic, and all areas dedicated to public use for public street purposes, which includes parkways, alleys, and sidewalks.
Traffic Island.
A barrier within a street or roadway to exclude vehicles, designated for the purpose of separating or directing streams of vehicular traffic.
(Ordinance 2060 adopted 3/5/15)
It shall be unlawful to solicit the sale of goods, wares, merchandise and services upon property posted by the owner, leasee or occupant with a sign stating “no soliciting” unless specifically requested by the owner, leasee or occupant of the premises.
(Ordinance 2060 adopted 3/5/15)
(a) 
It shall be unlawful for any person to attempt or to peddle, sell, solicit, canvass, or take orders for any services, wares, merchandise, or goods, or any article of value, including plants, flowers, paintings, novelties, painting house numbers on streets, firewood, books, magazines, photographs, or any articles for future delivery, on a sidewalk, parking lot or parkway within the city or from door-to-door without having first obtained a permit from the city.
(b) 
Each person engaged in peddling or soliciting or selling as described in subsection (a) of this section must have a permit issued under the terms of this section, and such permit shall be personal to the applicant and shall not be reproduced nor assigned nor transferred to any other person. Any such attempted transfer or reproduction shall render the permit void.
(c) 
Each permit shall expire as of the date noted thereon, which date shall be in accordance with the provisions of this article, and such permit shall indicate the hours when peddling, solicitation and selling within the city is permitted in accordance with the provisions of this article.
(d) 
It shall be unlawful for any person who shall solicit funds in the city to represent in connection with such solicitation of funds that the issuance of a permit by the city constitutes an endorsement thereof.
(e) 
It shall be unlawful for any person to solicit funds for a purpose other than that set out in the registration statement or application upon which the permit was issued.
(f) 
A permit shall not be issued to any person under 13 years of age.
(g) 
Solicitation shall be deemed completed when made, regardless of whether the person making the solicitation receives any contribution or makes any sale.
(Ordinance 2060 adopted 3/5/15)
(a) 
Permit Required.
Every person desiring to solicit in the city shall, unless otherwise excepted, apply for a permit from the chief of police or his designee. Each application for a permit required by this section shall be in writing, under oath, notarized and shall set out the following:
(1) 
The name and permanent address of the applicant.
(2) 
If the person represents a partnership, corporation or association, then include the business address and telephone number of the business and the telephone number of the contact person.
(3) 
The name, permanent address and telephone number of each person to solicit under the permit as well as of all individuals who will be in direct charge or control of the solicitation of funds.
(4) 
Names and addresses of three persons as references, excluding relatives and persons living with the applicant.
(5) 
The kind, type and character of goods, wares and merchandise offered or to be offered for sale or services he proposes to offer for sale, including the name brand, manufacturer, and distributor of goods and commodities and the name, publisher and distributor of all books, magazines or periodicals to be offered for sale.
(6) 
Whether such applicant upon any such order so obtained will demand, accept or receive payment or deposit of money in advance of final delivery; and/or a description of the methods and means by which the solicitation of funds is to be accomplished.
(7) 
The period of time such applicant so wishes to solicit, sell or take orders in the city. (Or how often the applicant will solicit during the year.)
(8) 
The names of all cities where the applicant has worked within the previous three (3) months.
(9) 
Whether the applicant, or any solicitor listed in the application, has ever been convicted or received deferred adjudication of a felony or a misdemeanor. If yes, the applicant shall include in the application the date of offense, type of offense, and disposition of the offense.
(10) 
The state driver’s license number or a state-approved identification card number of the applicant and each solicitor and the social security number of the applicant and each solicitor.
(b) 
Attachments.
In addition, there shall be attached to each application for a permit, the following.
(1) 
Two recent photographic likenesses of the applicant’s face, and any solicitor soliciting under said permit, which photographs shall not exceed one inch squared in size;
(2) 
A certificate or letter from the president, vice-president, general manager, sales manager, assistant sales manager or district or area manager of the company for which the applicant works, sells or solicits stating that the applicant is an employee and/or agent of such company;
(3) 
In the event that the applicant is an individual who is not canvassing, selling or soliciting for any firm or company, the permit shall be issued at the discretion of the chief of police;
(4) 
Attach a copy of the current sales tax permit to said application;
(5) 
Each applicant shall be required to attach a copy of their criminal history report that has been generated within 90 days by DPS. Chief of police or his designee may request to view the original criminal history report. Criminal history reports may be obtained at: www.txdps.state.tx.us or www.identogo.com. The applicant is responsible for all fees assessed to obtain a criminal history report.
(c) 
Application Fee.
The application shall be accompanied by a fee for the original solicitor or applicant, plus an additional fee for each additional solicitor, as provided in appendix A to this code, for cost of the investigation and administration of the provisions of this article.
(d) 
Investigation of Applicant.
It shall be the duty of the chief of police, or his authorized designee, to secure a background check through any lawful means on each applicant, and all other persons listed on the application before issuance of a permit, which investigation may include, but is not necessarily limited to, personal interviews with named individuals, verification of references and information contained within the application.
(e) 
Issuance.
A permit applied for under this article shall be issued by the chief of police within ten days after the application is completed and filed, unless it is determined that the applicant has provided false or incomplete information on his application. A permit requested under this article shall be issued for the length of time requested, not to exceed twelve months. An expired permit may be renewed under the same terms and conditions as the original application and subject to the same fees.
(f) 
Form.
On the front side, each permit shall be printed in black, except that the following shall be printed prominently thereon in red: “The issuance of the permit is not an endorsement by the city or any of its officers or employees.” Each permit shall have a photo of the permit holder and bear a permit number, which is the same as the file containing the application filed by the applicant. On the back, each permit shall have the following statement: “If you have any concerns, questions, or problems, contact the Brownfield Police Department (806) 637-2511.”
(g) 
Permit to be Displayed.
It shall be unlawful for any person to sell or solicit in the city without displaying the permit required by this section by wearing the permit around the neck on the officially issued lanyard with the badge holder at all times while engaged in such soliciting or selling.
(h) 
Exhibiting Permit.
Every solicitor or peddler or seller shall identify himself as a salesperson upon approaching a citizen in a public place or at a private dwelling and explain his purpose, whether it be direct sales, solicitation or orders of the demonstration of goods or merchandise, or any combination of purposes thereof, and properly wear the permit as required by subsection (g) and, shall allow a citizen to obtain the information on the back of the permit, if requested.
(i) 
Responsibility for Acts of Solicitors.
The recipient of a permit or named applicant shall be responsible for the acts of his authorized representatives or solicitors listed in the permit application in connection with solicitation activities. In this regard, the recipient of the permit shall actively supervise all persons listed in the permit application, which supervision shall include, but not be limited to, remaining within the corporate city limits during all solicitation activity and responding promptly (within ten minutes) to calls by city representatives relative to the solicitation activity which may include responding to an on-site complaint from a citizen.
(j) 
Revocation of Permit.
(1) 
If, after the permit required by this section has been issued, the chief of police, or his authorized designee, finds that the permit was obtained by false representation in the application, or the permit has been reproduced or transferred or assigned to another person or the applicant has led someone to believe the permit is an endorsement of the applicant’s product or service by the city, or in the event of fraud or misrepresentation by the permit holder, or in the event of conviction of the permit holder of a felony or a misdemeanor involving moral turpitude, or in the event the permit holder has failed to furnish the items required by this article, such permit may be revoked by the chief of police or his authorized designee.
(2) 
If a police officer or the chief of police has probable cause to believe that a solicitor has engaged in prohibited conduct as defined by this article, the officer may revoke the permit of the permit holder.
(3) 
If more than one complaint of misconduct by a solicitor or group of solicitors working for the same company is received, the permit may be immediately revoked by the city.
(k) 
Appeal From Denial or Revocation of Permit.
Should an applicant be denied a permit, or have a permit revoked, he may appeal that action to the city council by submitting a letter to the city manager within ten days to complain of that action. A hearing of the denial will then be scheduled for the next regular meeting of the city council, or a special meeting of the city council, to be held within 30 days of the appeal. The city council shall render a decision on the appeal within one day of the date of the hearing. Such hearing shall be an administrative hearing. Adherence to formal rules of evidence shall not be required. The decision of the city council shall be final and binding. No new application for a permit will be considered for six months after denial or revocation, unless said denial or revocation is without prejudice or is conditional and the conditions have been satisfied as determined by the chief of police.
(l) 
Exemptions.
(1) 
The following persons engaged in the activities set out in subsections (a)(1) through (a)(4) of this section in the city shall first register with the permits and inspections department by filling out a form to be promulgated by the city buildings and inspections department in accordance with the provisions of this article and by furnishing proof that he is actually engaged in such activity in the city, and the city building official shall issue to such person a registration certificate exempting him from the terms and conditions of this section and from paying a fee therefor, namely:
(A) 
Public utility companies or others operating under a franchise granted by the city;
(B) 
Commercial agents dealing with local business establishments in the usual course of business; and
(C) 
Insurance salesmen, real estate salesmen and others licensed by the state.
(2) 
Solicitations related to children’s activities, including, but not limited to, Girl Scouts, Boy Scouts, and Big Brothers and Sisters, which may involve children under the age of 13. Children under the age of 13 may participate in such activities to the extent they are actively supervised by a parent, guardian or other adult person, at least 18 years of age, who is responsible for the well being of the child.
(3) 
Religious, political or nonprofit organizations and their representatives distributing handbills or pamphlets only for the purpose of communicating issues of general interest to the public need not register with the city permits and inspections department or pay a permit fee. A donation received from the distribution of handbills or pamphlets does not affect this exemption.
(m) 
Bond.
Each person engaging in solicitation activities requiring cash deposits or taking orders on delivery purchases (COD) or who requires a contract of agreement to finance the sale of any goods, services or merchandise for future delivery, or for services to be performed in the future, shall furnish to the city a cash bond in the amount of $5,000.00, naming the applicant for the permit as principal. The bond shall be in full force and effect for one year from the date of issuance of the permit, unless otherwise extended by demand of the city due to the revocation of the permit, or an anticipated delivery date beyond 12 months, in order to protect the citizens of the city from potential losses associated with such solicitations.
(Ordinance 2060 adopted 3/5/15)
(a) 
It shall be unlawful for any person to peddle, solicit, hawk, sell or take orders for or offer to take orders for any item or service in the following places in the city:
(1) 
On any public street or alley or traffic island;
(2) 
Within 25 feet of the following facilities:
(A) 
ATM machines;
(B) 
Entrances and exits of banks, credit unions, or other financial institutions;
(C) 
Self-service carwashes;
(D) 
Self-service fuel pumps;
(E) 
Public transportation stops; or
(3) 
Any residence which shall exhibit in a conspicuous place upon or near the main entrance to the residence containing the words “no solicitors.” The letters shall be not less than two-thirds of an inch in height and should be displayed on a weather proof card not less than three inches by four inches in size.
(b) 
It shall be unlawful for any person to block or obstruct or hinder the free flow of traffic in the lawful use of the street or free passage of pedestrians in the lawful use of the sidewalk. No solicitations, sales, or distribution of merchandise, products, or service shall be offered or made to occupants of motor vehicles moving or stopped in traffic on a public street or alley.
(c) 
It shall be unlawful for a person engaged in solicitation to:
(1) 
Misrepresent the purpose of the solicitation;
(2) 
Misrepresent the affiliation of those engaged in the solicitation;
(3) 
Continue efforts to solicit from an individual once that individual informs the solicitor that he does not wish to give anything to or buy anything from that solicitor;
(4) 
Represent the issuance of any permit or registration under this article as an endorsement or recommendation of the solicitation;
(5) 
Remove, deface, or render illegible a card placed by the occupant of a residence pursuant to subsection (a)(3) of this section;
(6) 
Go on property upon which the owner of the property or the person controlling the property has posted signs prohibiting solicitation; or
(7) 
Remain on property after the property owner, or the property owner’s designee, representative or agent, has instructed the solicitor to leave.
(d) 
No solicitor, or person working on his behalf, shall shout, make an outcry, blow a horn or whistle, or use any sound device, including any sound amplifying system, upon any of the streets, avenues, alleys, parks or other public places of the city, or otherwise be in violation of the city’s noise ordinance.
(e) 
No person shall engage in solicitation through the delivery of handbills or circulars by placing said handbills or circulars on motor vehicles, public utility posts, or other location such that the same constitutes littering under state laws. It is presumed that the person or business whose address or telephone number is listed in the notice, poster, paper, or device, or who is otherwise named, described, or identified in the notice, poster, paper, or device, is the person or business who committed the violation, either personally or through an agent or employee.
(f) 
It shall be unlawful for any person to use children 13 years of age or younger for solicitation activities, unless otherwise expressly permitted herein, unless such children are actively supervised by a parent, guardian or other adult person at least 18 years of age who is registered as provided herein. For purposes of this section, actively supervised means that the adult person shall be within 100 feet of all children 13 years of age or younger for whom the adult person is responsible at all times when the children are engaged in solicitation activities.
(Ordinance 2060 adopted 3/5/15)
No person shall peddle, solicit, hawk, sell or take orders for or offer to take orders for any item or service at a private residence in the city after 7:00 p.m. until 9:00 a.m., Monday through Saturday, unless the transaction is the result of a request made to such person by the occupant of such private residence. There shall be no solicitations on Sunday, New Years Day, Fourth of July, Memorial Day (observed), Labor Day (observed), Thanksgiving, or Christmas Day.
(Ordinance 2060 adopted 3/5/15)
No person may use any lot, parking lot, open space, building, structure or area within the city for the purpose of soliciting persons passing by the property without written documentation showing the person is the owner or lessee of the property or has specific authorization from the owner or lessee of the property to use the property to solicit.
(Ordinance 2060 adopted 3/5/15)
Any person violating any of the provisions of this article, shall upon conviction thereof, be fined in accordance with Section 1.109 of this code. Each individual instance a violation of this article occurs or continues shall constitute a separate offense. Allegation and evidence of a culpable mental state is not required for proof of any offense defined in this article.
(Ordinance 2060 adopted 3/5/15)