For the purpose of this article, the following words as used herein shall be considered to have the meaning herein ascribed thereto:
Canvasser.
A person who attempts to make personal contact with a resident at his/her residence without prior specific invitation or appointment from the resident, for the primary purpose of:
(1) 
Attempting to enlist support for or against a particular religion, philosophy, ideology, political party, issue, or candidate, including presenting petitions for signature, even if incidental to such purpose the canvasser accepts the donation of money for or against such cause; or
(2) 
Distributing a handbill or flyer advertising a noncommercial event or service.
Itinerant vendor or hawker.
A person who sets up and operates a temporary business on privately owned property, whether improved or unimproved, in the city, soliciting, selling, or taking orders for, or offering to sell or take orders for any goods or services. A temporary business is one that continues for forty-five days or less; and, exists whether solicitation is from a stand, vehicle, or freestanding.
Peddler.
A person who attempts to make personal contact with a resident at his/her residence without prior specific invitation or appointment from the resident, for the primary purpose of attempting to sell a good or service. A “peddler” does not include a person who distributes handbills or flyers for a commercial purpose, advertising an event, activity, good or service that is offered to the resident for purchase at a location away from the residence or at a time different from the time of visit. Such a person is a “solicitor.”
Residence.
Includes every separate living unit occupied for residential purposes by one or more persons, contained within any type of building or structure.
Solicitor.
A person who attempts to make personal contact with a resident at his/her residence without prior specific invitation or appointment from the resident, for the primary purpose of:
(1) 
Attempting to obtain a donation to a particular patriotic, philanthropic, social service, welfare, benevolent, educational, civic, fraternal, charitable, political, or religious purpose, even if incidental to such purpose there is the sale of some good or service; or
(2) 
Distributing a handbill or flyer advertising a commercial event or service.
(Ordinance 2018-12-17-02 adopted 12/21/18)
(a) 
Every resident desiring to prohibit peddlers, solicitors, or canvassers from entering upon their property to seek an audience with them shall install a sign upon or near the main entrance door to the residence indicating the determination by the occupant to not be disturbed by peddlers, solicitors or canvassers, using phrases such as "NO SOLICITING" or "NO SOLICITORS INVITED."
(b) 
Such sign so exhibited shall constitute sufficient notice to any peddler, solicitor, or canvasser of the determination by the occupant of the residence to prohibit peddling, soliciting, or canvassing activities.
(Ordinance 2018-12-17-02 adopted 12/21/18; Ordinance 2024-09-16-02 adopted 9/16/2024)
[1]
Editor's note–Former section 6.03.002 pertaining to the "no visit" list and deriving from Ordinance 2018-12-17-02 adopted 12/21/18, was repealed and deleted in its entirety by Ordinance 2024-09-16-02 adopted 9/16/2024. Remaining sections of the division were renumbered.
(a) 
It shall be the duty of every peddler, solicitor, and canvasser upon going onto any premises in the city upon which a residence as herein defined is located, to first examine the notice provided for in this article, if any is attached, and be governed by the statement contained on any notice. If the notice indicates that the residents do not wish to be disturbed, then the peddler, solicitor, or canvasser, whether registered or not, shall immediately and peacefully depart from the premises and shall not leave any material, merchandise or literature whatsoever on the premises.
(b) 
Any peddler, solicitor or canvasser on private property, or who has gained entrance to any residence, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by the property owner or occupant.
(Ordinance 2018-12-17-02 adopted 12/21/18; Ordinance 2024-09-16-02 adopted 9/16/2024)
It is hereby declared to be unlawful and shall constitute a nuisance for a peddler or solicitor to go upon any premises and ring the doorbell upon or near any door, or to knock or otherwise create any sound in any other manner calculated to attract the attention of the occupant of such residence, for the purpose of securing an audience with the occupant, in defiance of the notice exhibited at the residence in accordance with the provisions of this article.
(Ordinance 2018-12-17-02 adopted 12/21/18; Ordinance 2024-09-16-02 adopted 9/16/2024)
It is hereby declared to be unlawful and shall constitute a nuisance for any person, whether registered under this article or not, to go upon any premises and ring the doorbell upon or near any door of a residence located thereon, or rap or knock upon any door or create any sound in any other manner calculated to attract the attention of the occupant of such residence, for the purpose of securing an audience with the occupant thereof prior to 9:00 a.m. or after 6:30 p.m. of any day, except when the peddler, solicitor, or canvasser has an express invitation from the resident or occupant of a dwelling allowing him/her to enter upon any property.
(Ordinance 2018-12-17-02 adopted 12/21/18; Ordinance 2024-09-16-02 adopted 9/16/2024)
In addition to the other regulations contained herein, a solicitor or canvasser leaving handbills or commercial flyers in the city shall observe the following regulations:
(1) 
No handbill or flyer shall be left at or attached to any sign, utility pole, transit shelter or other structure within the public right-of-way.
(2) 
No handbill or flyer shall be left at or attached in any way to a vehicle.
(3) 
Handbills or flyers that are left on private property must be placed in such a manner as to prevent such handbill or flyer from being blown about. Mailboxes may not be used for such purpose.
(4) 
No handbill or flyer shall be placed at or attached to any privately owned property in a manner that causes damage to such privately owned property.
(Ordinance 2018-12-17-02 adopted 12/21/18; Ordinance 2024-09-16-02 adopted 9/16/2024)
(a) 
A person may solicit for a charitable or political purpose in or upon the public right-of-way, except those areas prohibited in this article.
(b) 
A person may conduct solicitation in or upon the public right-of-way, except those areas prohibited in this article, if the solicitor has obtained a license or who is a member of an organization that has obtained a license.
(c) 
Solicitation for any purpose in the public right-of-way shall be conducted only during the hours of daylight, specifically one-half (1/2) hour after sunrise and one-half (1/2) hour before sunset.
(d) 
It shall be unlawful for a person younger than eighteen (18) years of age to solicit in the public right-of-way.
(e) 
It shall be unlawful for a solicitor at any time to enter or remain in the traveled portion of the roadway unless the solicitor has been granted authorization pursuant to section 552.0071 of chapter 552 of the Texas Transportation Code.
(f) 
It shall be unlawful for a solicitor at any time to enter or remain in the traveled portion of the roadway of residential streets so that their presence impedes the flow of traffic.
(g) 
It shall be unlawful for a person to solicit in the public right-of-way that is within 1,000 feet of any public or private elementary or secondary school between the hours of 7:30 a.m. and 4:30 p.m. on days when such school is in session. The measurement of the distance shall be made from the nearest property line of the public or private elementary or secondary school.
(Ordinance 2018-12-17-02 adopted 12/21/18; Ordinance 2024-09-16-02 adopted 9/16/2024)
Due to safety concerns, it shall be unlawful for any person to solicit or to distribute handbills at any time in the public rights-of-way, with or without a license, along any portion of RR 620, SH 71, Main Street, Birrell Street, Stewart Road, Clara Van Drive, Lakeway Boulevard, Lakeway Drive, Lohmans Crossing Road, Rough Hollow Drive, Highlands Boulevard, Serene Hills Drive, Flint Rock Road, Flintrock Trace, Aria Drive or Dave Drive.
(Ordinance 2018-12-17-02 adopted 12/21/18; Ordinance 2024-09-16-02 adopted 9/16/2024)
The city council shall by resolution or ordinance set a fee for the issuance of licenses of registration.
(Ordinance 2018-12-17-02 adopted 12/21/18; Ordinance 2024-09-16-02 adopted 9/16/2024)
Any person who violates any provision of this article or fails to observe any provision of this article shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars ($500.00). Every day the violation continues and every occurrence or the doing of any act or thing prohibited, or the neglect or refusal to do any act or thing required by this article, shall constitute a separate offense. It shall not be necessary for the complaint to allege or for proof to be made that the act was knowingly done, nor shall it be necessary for the complaint to negate any exception contained in this article concerning any prohibited act, but any such exception made herein may be urged as defense by any person charged by such complaint.
(Ordinance 2018-12-17-02 adopted 12/21/18; Ordinance 2024-09-16-02 adopted 9/16/2024)
The police department and building and development services department are hereby authorized to enforce this article, including but not limited to, the issuance of citations and the revocation of licenses.
(Ordinance 2018-12-17-02 adopted 12/21/18; Ordinance 2024-09-16-02 adopted 9/16/2024)
No person shall act as a peddler, solicitor, or hawker within the city without first obtaining a license in accordance with this article. Canvassing activities do not require a license.
(Ordinance 2018-12-17-02 adopted 12/21/18)
(a) 
This article shall not apply to a federal, state or local government employee or a public utility employee in the performance of his/her duty for his/her employer.
(b) 
This article shall not apply to students who are enrolled in a public or a private school and are selling or soliciting under the direction and with the approval of the governing board of the school district or private school, provided such persons are supervised by a person 18 years or older.
(Ordinance 2018-12-17-02 adopted 12/21/18; Ordinance 2024-09-16-02 adopted 9/16/2024)
(a) 
Any person or organization may apply for one or more peddler licenses by completing an application form at the building and development services office, during regular office hours.
(b) 
The peddler license shall be issued promptly after application but in all cases within twenty-four business hours of completion of an application, unless it is determined within that time that:
(1) 
The applicant has been convicted of a felony or a misdemeanor involving moral turpitude within the past seven years;
(2) 
Any statement upon the application is false, unless the applicant can demonstrate that the falsehood was the result of excusable neglect.
(Ordinance 2018-12-17-02 adopted 12/21/18)
(a) 
The applicant (person or organization) shall provide the following information:
(1) 
Name of applicant.
(2) 
Number of peddler licenses required.
(3) 
The name, physical description, and photograph of each person for which a card is requested. In lieu of this information, a driver’s license, state identification card, passport, or other government-issued identification card (issued by a government within the United States) containing this information may be provided, and a photocopy taken.
(4) 
The permanent and (if any) local address of the applicant.
(5) 
The permanent and (if any) local address of each person for whom a license is requested.
(6) 
A brief description of the proposed activity related to this peddler license. (Copies of literature to be distributed may be substituted for this description at the option of the applicant).
(7) 
Date and place of birth for each person for whom a card is requested.
(8) 
A list of all infraction, offense, misdemeanor and felony convictions of each person for whom a license is requested for the seven years immediately prior to the application.
(9) 
The motor vehicle make, model, year, color, and state license plate number of any vehicle which will be used by each person for whom a card is requested.
(10) 
If a license is requested for a peddler:
(A) 
The name and permanent address of the business offering the event, activity, good, or service (i.e., the peddler’s principal).
(B) 
A copy of the principal’s sales tax license as issued by the State of Texas, provided that no copy of a license shall be required of any business which appears on the city’s annual report of sales taxpayees as provided by the Texas Comptroller’s Office.
(C) 
The location where books and records are kept of sales which occur within the city and which are available for city inspection to determine that all city sales taxes have been paid.
(11) 
If a license is requested for a solicitor:
(A) 
The name and permanent address of the organization, person, or group for whom donations (or proceeds) are accepted.
(B) 
The web address for this organization, person, or group (or other address) where residents having subsequent questions can go for more information.
(12) 
Any other information the applicant wishes to provide, perhaps including copies of literature to be distributed, references to other municipalities where similar activities have occurred, etc.
(b) 
All statements made by the applicant upon the application or in connection therewith shall be under oath.
(c) 
The building and development services (BDS) department shall cause to be kept in the city office an accurate record of every application received and acted upon together with all other information and data pertaining thereto and all licenses issued under the provisions of this article, and of the denial of applications.
(d) 
No license shall be issued to any person:
(1) 
Who has been convicted of the commission of a felony or a misdemeanor involving moral turpitude under the laws of the state or any other state or federal law of the United States;
(2) 
Who has been convicted of a violation of any of the provisions of this article; or
(3) 
Who has had a license issued hereunder previously revoked as herein provided.
(e) 
During the time following the submission of an application for one or more licenses and its issuance, the city shall investigate as to the truth and accuracy of the information contained in the application. If the city has not completed this investigation within the 24 business hours provided in section 6.03.033, the identification card will nonetheless be issued, subject, however, to administrative revocation under section 6.03.038(a) upon completion of the investigation.
(Ordinance 2018-12-17-02 adopted 12/21/18)
The application shall be accompanied by a bond in the penal sum of one thousand dollars ($1,000.00), signed by the applicant and signed, as surety, by a surety company authorized to do business in the state, conditioned for the final delivery of goods, wares, merchandise, and services in accordance with the terms of any order obtained prior to delivery and also conditioned to indemnify any and all purchasers or customers for any and all defects in material or workmanship that may exist in the article sold by the principal of said bond at the time of delivery, or that may be discovered by such purchaser or customer within thirty (30) days after delivery, and which bond shall be for the use and benefit of all persons, films, or corporations that may make any purchase or give any order to the principal on said bond, or to an agent or employee of the principal. Provided that, in case the applicant is a person, firm, company, partnership, corporation or association engaging in commercial solicitation through one or more agents or employees, such persons, film, company, partnership, corporation or association shall be required to enter into only one bond, in the sum of five thousand dollars ($5,000.00) as above required, which bond shall be made to cover the activities of all its agents or employees up to a maximum of five agents or employees. The foregoing notwithstanding, no bond shall be required of any nonprofit or charitable organization.
(Ordinance 2018-12-17-02 adopted 12/21/18)
Each license shall be worn on the outer clothing of the individual or otherwise displayed, so to be reasonably visible to any person who might be approached by said person.
(Ordinance 2018-12-17-02 adopted 12/21/18)
Unless revoked, a license shall be valid within the meaning of this article for a period of one year from its date of issuance, except that a license for an itinerant vendor or hawker shall be valid for a period of forty-five (45) days from its date of issuance. The license shall state the expiration date thereof.
(Ordinance 2018-12-17-02 adopted 12/21/18; Ordinance 2024-09-16-02 adopted 9/16/2024)
(a) 
Grounds.
Any license issued hereunder shall be revoked if the holder of the license violates any of the provisions of this article, or has made a false material statement in the application, or otherwise becomes disqualified for the issuance of a license under the terms of this article.
(b) 
Appeal.
The licensee shall have ten (10) days from the date of revocation or denial in which to file notice of his appeal to the board of adjustment from the order denying or revoking the license. The applicant shall have at his option an appeal of the denial of his application before the board of adjustment at its next regular meeting. After holding the hearing of the revocation or denial, the board of adjustment shall by majority vote either sustain the action or issue an order reinstating the license. In the event of the filing of an appeal from a revocation issued under the provisions of this section, then, until such appeal has been determined by the board of adjustment, such revocation order shall be stayed.
(Ordinance 2018-12-17-02 adopted 12/21/18)