(a) 
As used in this article, the following words have the meaning indicated.
(b) 
General rules of construction.
Words and phrases used in this article shall have the meanings set forth in this section. Words and phrases that are not defined in this article but are defined in other ordinances of the city shall be given the meanings set forth in those ordinances. Other words and phrases shall be given their common, ordinary meaning unless the context clearly requires otherwise. Headings and captions are for reference purposes only, and shall not be used in the interpretation of this article.
(c) 
Specific definitions.
Business day
means the weekdays excluding city holidays.
Canvasser
is 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, 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.
Mobile food vendor
is a vendor selling or serving any food products other than pre-packaged foods to the general public from a motorized vehicle or licensed trailer that are intended for immediate consumption or are usually consumed immediately upon sale.
Peddler
is 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, including but not limited to taking orders for the sale of merchandise. 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.”
Permit official
is the building official or other designee of the mayor.
Pre-packaged foods
are food and drink items that are bottled, canned, cartoned, securely bagged or securely wrapped, whether packed in a food establishment or a food processing plant, and does not include any foods handled outside of packaging or re-packaged by the vendor at or near the site of sale.
Pushcart
is a non-motorized vehicle, cart or other non-motorized conveyance, limited to serving pre-packaged foods maintained at proper temperatures.
Solicitor
is 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.
Special event
means an event not exceeding five consecutive days in length that provides a community-wide activity which is temporary in nature, and includes festivals, parades, cultural and recreational events and events commemorating holidays, which is located at or held on a site that is either:
(1) 
Not zoned as commercial or industrial; or
(2) 
On property not used for a commercial or industrial purpose such as a park, public recreational facility, church or school.
Transient merchant
is a person who engages in a temporary business of selling and delivering goods, pre-packaged foods, wares or merchandise within the city, who in furtherance of such purpose uses or occupies any vehicle, trailer, pushcart, or other place in the city for the exhibition and retail sale of such goods. Transient merchant shall not include the temporary sale of goods by a permanent merchant on private property adjacent to the merchant’s permanent place of business if allowed pursuant to other ordinances of the city.
Vendor
includes a person or entity meeting the definition of a “peddler,” “mobile food vendor” or “transient merchant.”
(a) 
The permit official and his designees, to include code compliance officers and employees assigned to perform code compliance duties, are authorized to administer and enforce the provisions of this article. The employees in the City of El Paso department of public health who are assigned to perform enforcement duties relating to the public health services provided by the City of El Paso pursuant to an interlocal governmental agreement between the city and the City of El Paso are authorized to enforce the provisions of this article relating to the sales of food products and any other matter relating to public health.
(b) 
Any person violating any part of this article or failing to observe any provision of this article shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine in accordance with the general penalty provided in section 1.01.009 of this code. Every day the violation continues shall be deemed as a separate offense.
(a) 
The provisions of this article in sections 4.03.041 through 4.03.049 shall not apply to:
(1) 
A federal, state or local government employee or a public utility employee in the performance of his/her duty for his/her employer.
(2) 
Any person under eighteen (18) years of age, when engaged in the business of being a vendor under the direct supervision or authority of any school or recognized charitable organization or religious organization.
(3) 
Any person who is the duly authorized representative or agent of any church, charitable or labor organization, or education or fraternal organization, or of any political group who is seeking funds or membership or contacting members or electors, or who is engaging in occasional sales for the benefit of such organization.
(4) 
Farmers or their employees who produce and sell farm products in their natural state in compliance with all regulations that may be established by other ordinances of the city, and such a person shall not be considered to be a mobile food vendor even if the farm products are sold from a vehicle or licensed trailer.
(5) 
Vendors of pre-packaged food products distributing or selling such products not intended or usually consumed immediately upon sale distributed [or distribution], which are sold to regular customers on established routes.
(6) 
Garage sales governed by other ordinances of the city.
(b) 
The licensing requirements of this article shall not apply to any person other than a mobile food vendor engaging in business solely at a special event or an event that is sponsored or recognized by a governmental entity or nonprofit organization, provided that all transactions are conducted solely within the confines of such sponsored or recognized event and that the rules and regulations of such sponsored or recognized event are observed.
(c) 
This article is not to be construed as prohibiting or limiting the distribution or sale of religious publications, newspapers, handbills or other written or printed matter sold or distributed for the purpose of disseminating information or news on sidewalks or in any public place.
(d) 
This article is not to be construed as requiring the licensing of vendors engaged solely in interstate commerce.
In addition to the other regulations contained herein, a solicitor or canvasser leaving handbills or commercial flyers about the community 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. The police, code compliance employees and other employees as designated by the mayor or his designee are authorized to remove any handbill or flyer found within the right-of-way.
(2) 
No handbill or flyer shall be left at or attached to any privately owned property in a manner that causes damage to such privately owned property.
(3) 
Any person observed distributing handbills or flyers shall be required to identify himself/herself to the police (either by producing a vendor license or other form of identification). This is for the purpose of knowing the likely identity of the perpetrator if the city receives a complaint of damage caused to private property during the distribution of handbills or flyers.
No vendor, solicitor or canvasser shall:
(1) 
Enter upon any private property where the property has clearly posted in the front yard a sign visible from the right-of-way (public or private) indicating a prohibition against peddling, soliciting and/or canvassing. Such sign need not exceed one square foot in size and may contain words such as “no soliciting” or “no solicitors” in letters of at least two inches in height. (The phrase “no soliciting” or “no solicitors” shall also prohibit vendors and canvassers.)
(2) 
Remain upon any private property where a notice in the form of a sign or sticker is placed upon any door or entranceway leading into the residence or dwelling at which guests would normally enter, which sign contains the words “no soliciting” or “no solicitors” and which is clearly visible to the vendor, solicitor or canvasser.
(3) 
Use or attempt to use any entrance other than the front or main entrance to the dwelling, or step from the sidewalk or indicated walkway (where one exists) leading from the right-of-way to the front or main entrance, except by express invitation of the resident or occupant of the property.
(4) 
Remove any yard sign, door or entrance sign that gives notice to such person that the resident or occupant does not invite visitors.
(5) 
Enter upon the property of another except between the hours of 8:00 a.m. and 8:00 p.m. except that the above prohibition shall not apply when the vendor, solicitor, or canvasser has an express invitation from the resident or occupant of a dwelling allowing him/her to enter upon any posted property.
(6) 
Solicit for a purpose other than that set out in the application upon which the license was issued.
(7) 
Shout, whistle, blow a horn, ring a bell or use any sound devices, including but not limited to any loud-speaking, radio or amplifying system, which violate the provisions in the city noise ordinance (article 8.04), or play or broadcast any amplified music or sound as part of their operations between the hours of 10:00 p.m. and 8:00 a.m.
(a) 
Food vendors.
Any vendor who sells any type of food or drink product intended to be for immediate consumption by the customer or which is usually consumed immediately upon sale, as is permitted under this article, shall:
(1) 
Provide a trash receptacle for use by customers; and
(2) 
Maintain the sales area or the area around the vehicle or pushcart clear of litter and debris at all times.
(b) 
Mobile food vendors.
(1) 
Mobile food vendors are not permitted operation within the city by this article, except that registered mobile food vendors may engage in operations when the mobile food vendor is parked at an event or upon private property pursuant to a contract or other authorization by the organizer or presenter of the special event or the private property owner or their authorized agent and is:
(A) 
At an event that is sponsored or recognized by a governmental entity, provided that all operations are conducted solely within the confines of such sponsored or recognized event and that the rules and regulations of such sponsored or recognized event are observed;
(B) 
At a special event as defined above, provided that all operations are conducted solely within the confines of such sponsored or recognized event and that the rules and regulations of such sponsored or recognized event are observed; or
(C) 
Upon private property in accordance with and when permitted under the zoning ordinance of the city, Ordinance No. 0102, as amended.
(2) 
Prior to engaging in operations as allowed under this section and under the zoning ordinance of the city that are not part of the listed operations on the licensee’s application, a mobile food vendor shall provide notice to the city at least 72 hours in advance of the start of operations of such additional operations, to include all information regarding such operations as is required on an application as required under section 4.03.046(11) of this article.
(3) 
Such allowed mobile food vendors shall comply with all regulations that may be established by other ordinances of the city, all state statutes and regulations relating to the preparation, holding and sale of food products, and the requirements of Emergency Services District #1 for all fire and explosion safety standards. Such standards shall include but not be limited to holding required food handling permits, complying with food temperature and holding requirements, meeting all requirements for hand-washing and cleanliness of the vehicle, containers, counters and utensils, and holding all solid and liquid waste in appropriate receptacles. For such purposes, the city adopts by reference the provisions of the current rules or rules as amended by the executive commissioner of the health and human services commission found in 25 Texas Administrative Code, chapter 228, regarding the regulation of food establishments in the city.
(4) 
Water provided or used by the allowed mobile food vendor shall not come from a temporary connection to potable water.
(5) 
Electricity used by the allowed mobile food vendor shall be only from a generator or an electrical outlet via a portable cord that conforms to the city’s electrical code and as permitted by the provider.
(6) 
A mobile food vendor operating on private property in accordance with and when permitted under the zoning ordinance may operate only during the hours from 6:00 a.m. to 12:00 a.m. (midnight) and is further prohibited from operating during any day or during the hours when the restroom facilities identified in the licensee’s application are not open and available for use.
(a) 
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.
(b) 
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. The restriction on solicitation in the traveled portion of the roadway does not apply to public residential streets.
(c) 
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.
(d) 
It shall be unlawful for a person to solicit in the public right-of-way that is within one thousand (1,000) feet of any public or private 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 school.
(a) 
No person shall act as a vendor or solicitor within the city without first obtaining a vendor license in accordance with this article.
(b) 
A canvasser is not required to have a vendor license.
(c) 
Any person exempt from the licensing requirements of this article by virtue of state or federal law shall not be required to obtain a license.
(d) 
A person or entity who is a license holder under chapter 1702, Occupations Code, or an employee of a license holder, shall not be required to obtain a permit or post a bond under this article.
(e) 
All current, valid licenses issued under Ordinance No. 0092 prior to the effective date of this article shall remain valid through February 29, 2016, and the former ordinance shall remain in effect through February 29, 2016 for such purpose. Any person holding such a license may, on or before February 29, 2016, apply to obtain a new license of the same or similar nature under this article and no fee shall be charged for such an application.
(a) 
The fee for the issuance of each vendor license shall be as set forth in the fee schedule adopted by city council.
(b) 
The license shall be effective for 120 days from the date of issuance, if issued on this basis, or until the anniversary date of the following year, if issued annually.
(c) 
No fee for the issuance of a license shall be imposed for a vendor who is already licensed by the state, such as an insurance salesman.
(d) 
Fees are nonrefundable.
Vendors requiring cash deposits or payment for future delivery, or who require a contract of agreement to finance the sale of goods or services for future delivery or for services to be performed in the future, shall, before issuance of the license, file with the permit official a surety bond in the amount of $1,000.00 issued by a surety company authorized to do business in Texas, conditioned that the vendor shall comply fully with all ordinances and laws regulating the vendor’s operation, and guaranteeing to any resident of the city that all money paid will be accounted for and applied according to the representation of the vendor. The bond shall be issued and maintained for the time period from the issuance of the license through six months after the date of the expiration of the license. Action on such bond may be brought by the person aggrieved and for whose benefit, among others, the bond is given. The surety shall be acceptable to the city as to solvency, and if the city becomes dissatisfied that the surety is solvent, a new bond may be required. The surety shall be required to notify the city within thirty days of any termination or cancellation of the bond or of any claims paid which reduce the liability under the bond.
All vendors shall provide proof of general liability insurance including products liability in the amount of $300,000.00 per occurrence and $100,000.00 for property damage. Such insurance may be issued to an organization or entity that employs or contracts for services with one or more persons who are applicants or licensees under this article, provided that proof is submitted to the city that all persons licensed or requesting to be licensed are covered by such insurance policy. A certificate of insurance shall be delivered to the permit official prior to the issuance of the license. The city and its employees shall be named as additional insureds against any liabilities that may arise in connection with the operation of the vendor.
(a) 
Any individual person (applicant) may apply for one or more vendor or solicitor licenses by completing an application form from the permit official during regular office hours. An organization may apply for a single solicitor license that covers up to five persons named in the application.
(b) 
The vendor or solicitor license shall be issued promptly after application as provided in section 4.03.047, unless it is determined that:
(1) 
The applicant or a person named in an application has been convicted of a felony or a misdemeanor involving moral turpitude within the past five years, has been on probation or parole for a felony or misdemeanor involving moral turpitude within the past one year, or is currently registered as a sex offender or has been so registered within the past one year.
(2) 
The applicant or a person named in an application has been convicted of a violation of a peddler, vendor or similar ordinance in another municipality in the state or had a peddler, vendor or similar license revoked by another municipality in the state within the past one year.
(3) 
The applicant or a person named in an application has made any statement in the application that is false, misleading or fraudulent, unless the applicant can demonstrate that such statement was made as the result of excusable neglect.
(4) 
The applicant fails to provide a bond and/or insurance in the required form and amounts.
(5) 
An applicant for a mobile food vendor license fails to identify a location for operations where such operations are allowed under or in compliance with this article or the zoning ordinance of the city.
(c) 
In the event that the permit official determines that the license may not be issued, the permit official will provide notice and an opportunity for an appeal in the same manner as for the revocation of an issued license under section 4.03.048.
The applicant shall provide the following information:
(1) 
The name and physical description of the applicant.
(2) 
The permanent and (if any) local address of the applicant.
(3) 
The date and place of birth for the applicant.
(4) 
A brief description of the proposed activity related to this license and whether the application is for a peddler or solicitor license. (Copies of literature to be distributed may be substituted for this description at the option of the applicant.)
(5) 
Whether or not the applicant has been convicted of the commission of a felony or a misdemeanor of moral turpitude in a court of competent jurisdiction within five years of the date of the application and if the applicant has been on probation or parole as a result of a felony or a misdemeanor of moral turpitude within one year of the date of the application.
(6) 
Whether or not the applicant is or ever has been a registered sex offender, and the date of the initial registration and time period for registration.
(7) 
The motor vehicle make, model, year, color, and state license plate number of any vehicle which will be used by the applicant, and a copy of the proof of financial responsibility covering those vehicles.
(8) 
The place or places were the applicant has peddled, vended or canvassed within the three months preceding the date of the application, and the address(es) from which such business was conducted in these municipalities.
(9) 
If a license is requested for a vendor:
(A) 
The name and permanent address of the business offering the event, activity, goods or service (i.e., the vendor’s principal address) or the business, entity or organization that employs or contracts with the applicant to provide the event, activity, goods or service.
(B) 
A statement as to how sales will be conducted, such as whether all products will be delivered immediately upon receipt of payment, or whether any sale will require a cash deposit or payment for future delivery, or require a contract of agreement to finance the sale of goods or services for future delivery or for services to be performed in the future.
(C) 
A copy of the principal’s sales tax license as issued by the state; provided that no copy of a license shall be required of any business which appears on the city’s annual report of sales tax payees as provided by the state comptroller’s office.
(D) 
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.
(10) 
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.
(11) 
If a license is requested for a mobile food vendor:
(A) 
The name and permanent address of the business offering the event, activity, goods or service (i.e., the vendor’s principal address) or the business, entity or organization that employs or contracts with the applicant to provide the event, activity, goods or service.
(B) 
A copy of the principal’s sales tax license as issued by the state; provided that no copy of a license shall be required of any business which appears on the city’s annual report of sales tax payees as provided by the state 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.
(D) 
The name and location of the central preparation facility for food preparation.
(E) 
A copy of a valid, current license issued by the state to the vendor for the operation of a mobile food establishment. A valid, comparable license issued by the city where the vendor primarily operates may be substituted when such city regulates mobile food establishments in the same or similar manner as the state.
(F) 
If the mobile food vendor will operate at a special event or governmental event, information as to the dates, location and identification of such event.
(G) 
If the use will be on private property in accordance with and when permitted under the zoning ordinance:
(i) 
Proof of compliance with all requirements of the zoning ordinance for the operation of the mobile food vendor at such location.
(ii) 
The location of restroom facilities (other than facilities inside of a residence) that the vendor and customers will be allowed to use, and proof that the owner of these facilities has authorized their use.
(iii) 
The days and hours of availability of such restroom facilities.
(12) 
If a license is requested for a solicitor and is submitted by an organization, a list of all persons who will be authorized to solicit on behalf of the organization and the information required in subsections (1), (2) and (3) for each person.
(13) 
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.
(14) 
In the event that the city establishes a process for taking the photograph of the applicant or licensee in conjunction with the application, the applicant or all persons listed in an application shall complete that process. The city may also require the applicant or all persons listed in an application to sign complete and sign [sic] an affidavit relating to any criminal convictions or requirements for sex offender registration applicable to the applicant or person.
During the time following the application for one or more vendor 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 three business days, the license will nonetheless be issued or deemed as issued, subject, however, to administrative revocation upon completion of the investigation.
(a) 
Grounds for revocation.
Any license issued hereunder may be revoked if the license holder or registrant is convicted of a violation of any provisions of this article, has changed the requirements for a sale such that a bond is required for that type of sale but fails to post such bond, solicits for a purpose other than that set out in the application upon which the license was issued without notifying the city and amending the application, fails to comply with any of the special requirements for sales of food products, has knowingly 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) 
Notice.
If the permit official denies (or upon completion of an investigation or at any other time revokes) the vendor license, he shall immediately convey the decision to the applicant orally, or electronically if the applicant has provided an e-mail address, and shall within two business days after the denial prepare a written report of the reason for the denial which shall be made available to the applicant upon completion.
(c) 
Appeal hearing.
The applicant or licensee (appellant) shall have ten (10) days from the date of receiving the official’s report regarding the revocation or denial in which to file notice of his appeal to the city council from the order denying or revoking the license. The city council shall review the report of the permit official and the appellant’s rebuttal and may allow the appellant to make an oral presentation or submit additional rebuttal. The city council shall make its review and make a ruling on the appeal within a reasonable period of time after the appeal has been filed. The city council shall sustain, reverse or modify the action of the official and shall direct city staff to notify the appellant of the decision in writing, and, if so ordered, to issue a license. The decision of the city council is final.
(d) 
Stay of revocation pending appeal.
In the event of the filing of an appeal from a revocation issued under the provisions of this article, then, until such appeal has been determined by the city council, such revocation order shall be stayed.
(a) 
Each vendor license shall be carried by the vendor at all times when the vendor is engaged in the particular activity for which the license was issued, and shall, upon the request of customers or city employees, exhibit the license and allow inspections of it.
(b) 
The license for a mobile food vendor shall be displayed by the vendor at all times when the vendor is engaged in the particular activity for which the license was issued.
(Ordinance 0032 adopted 12/11/90; Ordinance 0032-1 adopted 4/9/96; Ordinance 0092 adopted 9/12/00; Ordinance 0092-1 adopted 4/10/07; Ordinance 0092 adopted 11/10/15; Ordinance adopting Code)