A person who, without invitation, goes to people's homes
or places of business to attempt to make person-to-person contact
or to distribute literature in order to promote a political, philosophical,
or religious idea or political candidate but who does not actively
ask for donations.
The city administrator of the City of Bellville, or the designee
of the city administrator of the City of Bellville.
Any printed or written matter.
Crimes of dishonesty, fraud, deceit, misrepresentation, or
deliberate violence. This includes anything done knowingly that is
contrary to justice, honesty, principle, or good morals. Examples
of property crimes involving moral turpitude include but are not limited
to arson, blackmail, forgery, robbery, burglary, theft, and illegal
use of a credit card. Crimes against people considered to be crimes
of moral turpitude include but are not limited to: assault, sexual
assault, child abuse or neglect, kidnapping, murder, or manslaughter.
A person who, without invitation, goes to people's homes
or places of business to attempt to make person-to-person contact
in order to sell or promote a commercial product or service. The term
does not include a canvasser.
A natural person or any firm, corporation, partnership, company,
sole proprietorship, entity, association, club, society or other organization
or entity.
A person who goes to people's homes or places of business
to attempt to make person-to-person contact in order to request money,
property, or anything else of value, or a pledge for something of
value. The term does not include a canvasser.
(Ordinance 1696 adopted 8/15/2023)
It shall be unlawful for any person to be a peddler or solicitor
within the city without first applying for and obtaining a permit
to do so from the city administrator.
(Ordinance 1696 adopted 8/15/2023)
The permit requirement in section 4.02.002 shall not be required for canvassers.
(Ordinance 1696 adopted 8/15/2023)
It shall be unlawful for any peddler, solicitor, or canvasser
to engage in the business of peddling, soliciting, or canvassing between
the hours of 7:00 p.m. and 9:00 a.m.
(Ordinance 1696 adopted 8/15/2023)
It shall be unlawful for any peddler or solicitor to go upon
any private property for the purposes of peddling or soliciting if
signage near the main entrance to the private property indicates that
soliciting and peddling are prohibited.
(Ordinance 1696 adopted 8/15/2023)
It shall be unlawful for any peddler or solicitor to remain
on private property when the peddler or solicitor has been requested
to leave the private property by the owner, occupant, or other person
in control of the private property.
(Ordinance 1696 adopted 8/15/2023)
A violation of this article, upon conviction, shall be punished by a fine in accordance with the general penalty provision found in section 1.01.009 of this code. Each and every day during which any violation of this article occurs is a separate offense.
(Ordinance 1696 adopted 8/15/2023)
Permits shall be issued for a period of one (1) year.
(Ordinance 1696 adopted 8/15/2023)
The permit shall identify the person, the organization, the
owner of the organization if applicable, the date of issuance, the
expiration date, and the signature of the city administrator. The
permit shall be prominently displayed during any peddling or soliciting
so that it is clearly visible at all times.
(Ordinance 1696 adopted 8/15/2023)
Permits issued under this article shall not be transferable
or assignable, and shall give to no person other than the permittee
the authority to act in the city as a peddler or solicitor.
(Ordinance 1696 adopted 8/15/2023)
(a)
Any person desiring to be a peddler or solicitor within the
city shall first submit to the city administrator a completed application
on the official form, and pay the applicable fee or fees.
(b)
Partial applications and/or applications without the appropriate
fee will be considered incomplete and will not be processed.
(c)
A canvasser is not required to obtain a permit but may voluntarily
do so if the canvasser wishes to display the permit while canvassing.
(d)
Applications will be granted or denied within five (5) business
days. Days in which the city administrator is waiting on requested
information from the applicant or verification from state or federal
entities shall not count as one of the five (5) business days.
(e)
The city administrator may waive the permit fee for locally
recognized charitable, educational, religious, or public service organizations.
(Ordinance 1696 adopted 8/15/2023)
The city administrator shall create and utilize a permit application
requesting at least the following information:
(1)
The legal name, permanent address, and government-issued identification
of the applicant containing the name, physical description, and photograph
of the applicant;
(2)
Statement of any criminal offense involving crimes against property,
moral turpitude, and/or felony convictions;
(3)
The identity and principal place of business of any business
entity or organization represented by the applicant;
(4)
The make, model, year, color, and state license plate number
of any vehicle that will be used by the applicant in any activity
regulated by this article;
(5)
A brief description of the proposed activity related to the
permit sought, including but not limited to the hours and location(s)
for which the permit is requested (copies of literature to be distributed
may be included in this description at the option of the applicant);
(6)
Telephone number of applicant;
(7)
For peddlers, the person and business entity must possess and
display all licenses necessary to sell the product or service and
such licenses must be current and in force; and
(8)
Valid tax certificates, and/or nonprofit incorporation documents
from the state, and whether the entity has in place sufficient accounting
procedures to ensure that all sales taking place within the city will
be properly reported and the city will receive all sales taxes to
which it is entitled.
(Ordinance 1696 adopted 8/15/2023)
(a)
After the submission of a complete application and appropriate
permit fee, the city administrator shall investigate the truth and
accuracy of the information contained in the application.
(b)
The city administrator will also determine that adequate control
of peddlers or solicitors will be provided by the organization and
that a permanent representative of the organization will be available
during and for a reasonable period of time following the peddling
or solicitation.
(Ordinance 1696 adopted 8/15/2023)
Applications may be denied if it is determined by the city administrator
that:
(1)
Any statement on the application is false; or
(2)
The applicant has been convicted of any felony or a misdemeanor
involving moral turpitude.
(Ordinance 1696 adopted 8/15/2023)
Permits may be suspended and/or revoked if the city administrator
finds:
(1)
The permit holder, or the entity for which the permit holder
peddles or solicits, has failed to comply with or violated any provision
of this article;
(2)
The permit holder is convicted of any felony or a misdemeanor
involving moral turpitude while the permit is active; or
(3)
The permit holder or the entity for which the permit holder
peddles or solicits, likely committed a felony or misdemeanor involving
moral turpitude.
(Ordinance 1696 adopted 8/15/2023)
A person may appeal the denial, suspension, or revocation of
a permit under this article in writing to the city council. The written
notice of appeal must be made within ten (10) days from the date of
the denial, suspension, or revocation. The city council must conduct
the appeal hearing no later than its next regularly schedule city
council public meeting. The determination of the city council is final.
(Ordinance 1696 adopted 8/15/2023)
