As used in this article, the following words shall have the
definitions ascribed to them by this section:
means any person who goes from house to house or from place
to place in an effort to take orders for goods, wares, merchandise,
services, newspapers, magazines, or subscriptions to newspapers or
magazines for future delivery, whether or not payment is collected
at the time of such sale, and such sales are taxable transactions
under the provisions of the limited sales, excise and use tax of the
state.
means philanthropic, religious or other nonprofit objectives,
including the benefit of poor, needy, sick, refugee or handicapped
persons; the benefit of any church or religious society, sect, group
or order; the benefit of a patriotic or veterans’ association
or organization; the benefit of any fraternal, social or civic organization;
or the benefit of any education institution. Charitable purpose shall
not be construed to include the direct benefit of the individual making
the solicitation. Charitable purpose shall not be construed to include
the benefit of any political group or political organization which
is subject to financial disclosure under state or federal law.
means a traveling salesman who simply exhibits samples of
goods kept for sale by his principal, and takes order from purchasers
for such goods, which goods are afterwards to be delivered by the
principal to the purchasers, and payment for the goods is to be made
by the purchasers to the principal on such delivery.
means any individual who seeks or acquires real or personal
property, services, money, or credit for personal, family, or household
purposes.
means any transaction in which one or more of the parties
is a consumer.
means an association of five (5) or more temporary vendors
under the auspices of a promoter, which association is formed for
the purpose of simultaneously conducting the business of the temporary
vendors upon a common site or premises.
means any printed or written matter, sample or device, dodger,
circular, leaflet, pamphlet, paper, booklet, or other printed or otherwise
reproduced original or copies of any matter or literature which solicits
funds or advertises items for sale. All references herein to “handbill”
shall include the term “information-only handbill” except
where specifically stated otherwise.
means any person engaging or engaged in the business, whether
or not for hire or gain, of distributing handbills, other than newspapers
distributed to subscribers thereof, and any person receiving compensation
directly or indirectly for the distribution of such handbills.
means any person who, or firm or corporation that, utilizes
handbills as a medium of advertising, spreading a message or disseminating
information.
means to peddle goods, wares or merchandise by hollering
or otherwise calling out.
means a consumer transaction:
For the purchase of goods, other than farm equipment, and insurance
sales regulated by the state department of insurance, or services,
payable in installments or in cash where the consideration exceeds
twenty-five dollars ($25.00), in which the merchant or person acting
for him engages in a personal solicitation of the sale to the consumer
at a place other than the merchant’s place of business and the
consumer’s agreement or offer to purchase is given at a place
other than the merchant’s place of business to the merchant
or person acting for him, but it does not include a sale made pursuant
to a preexisting revolving charge account or retail charge agreement,
or a sale made pursuant to prior negotiations between the parties
at a business establishment at a fixed location where goods or services
are offered or exhibited for sale; or
For the purchase of realty, payable in installments or in cash
where the consideration exceeds one hundred dollars ($100.00), in
which the merchant or person acting for him engages in a solicitation
of the sale to the consumer at a place other than the merchant’s
place of business and the consumer’s agreement or offer to purchase
is given at a place other than the merchant’s place of business;
but it does not include a sale of realty in which transaction the
purchaser is represented by a licensed attorney or in which the transaction
is being negotiated by a licensed real estate broker or in which the
transaction is being negotiated by the person who owns the realty
not at the residence of the consumer.
means only a natural person.
means any printed or written matter, sample or device, dodger,
circular, leaflet, pamphlet, paper, booklet, or other printed or otherwise
reproduced original or copies of any matter or literature which provides
only information and does not solicit funds or advertise items for
sale.
means the soliciting, selling or taking of orders for, or
offering to sell or take orders for, any goods, wares, merchandise
or other personal property or services which, at the time the order
is taken, are in a state other than Texas, or that will be produced
in a state other than Texas and shipped and introduced into this city
in the fulfillment of such order.
means all persons, firms, corporations, as well as their
agents and employees, who engage in the temporary or transient business
of selling, or offering for sale, any goods and merchandise, or exhibiting
the same for sale or exhibiting the same for the purpose of taking
orders for the sale thereof, and who, for the purpose of carrying
on such business or conducting such exhibits, either hire, rent, lease
or occupy any room or space in any building, structure or other enclosure
in the city, in, through or from which any goods or merchandise may
be sold, offered for sale, exhibited for sale or exhibited for the
purpose of taking orders for the sale thereof.
means any party to a consumer transaction other than a consumer.
means to travel about selling goods, wares or merchandise.
includes the term “hawker” and means any person
who makes retail sales of tangible property from house to house or
in any public place, and such sales are not made from an established
place and delivery is made at the time of the sale, whether or not
payment is collected at the time of such sale.
means an individual, corporation, trust, partnership, association,
or any other legal entity.
means a merchant’s main or permanent branch office
of local address. In the case of a state or national bank or savings
and loan association, “place of business” includes any
approved branch and any registered loan production office.
means the person, firm, corporation or organization responsible
for conducting a group exhibit.
means any place to which the public, or a substantial group
of the public, has access and includes, but is not limited to, streets,
highways, and the common areas of schools, hospitals, apartments,
office buildings, transport facilities and shops.
means any separate living unit occupied for residential purposes
by one or more persons, contained within any type of building or structure.
means any sale other than a sale of tangible property to
any purchaser who is purchasing the tangible property for the purpose
of reselling it in the normal course of business either in the form
or condition in which it is purchased or as an attachment to or an
integral part of other tangible property.
means any home solicitation transaction; any request for
the donation of money, property, or anything of value, or the pledge
of a future donation of money, property, or anything of value; or
the selling or offering for sale of any property, real or personal,
tangible or intangible, whether of value or not, including, but not
limited to, goods, books, pamphlets, tickets, publications or subscriptions
to publications. Expressly excluded from the meaning of “solicit
funds” or “solicitation of funds” is any offer of
membership in any organization. A solicitation of funds is complete
when the solicitation is communicated to any individual then located
within the corporate limits of the city.
means any person who goes from house to house or place to
place soliciting, selling, or taking orders for, or offering to sell
or take orders for, any goods, merchandise or services. The term “solicitor”
shall not include a person on property by invitation of the owner
of the property.
means property which may be seen, weighed, measured, felt
or touched or which is in any other manner perceptible to the senses.
means a person who is transacting or conducting business
within the city at a site for which definite arrangements have not
been made for the hire, rental or lease of such premises for at least
one (1) month in or upon which such business is to be operated or
conducted.
(Ordinance 96-029, sec. 1, adopted 5/13/96; Ordinance 96-036, sec. 1, adopted 6/10/96; 1988
Code, sec. 24-1)
(a)
The
provisions of this article shall not apply to the following:
(1)
Public utility companies or others operating under franchises granted
by the city, nor to insurance salesmen, real estate salesmen and others
licensed by the state;
(2)
The sale or soliciting of orders for the sale of milk or dairy products,
bakery products, vegetables, poultry, eggs and other farm and garden
products insofar as the sale of such commodities is authorized by
law;
(3)
Ordinary commercial travelers who sell or exhibit for sale goods
or merchandise to parties engaged in the business of buying and selling
and dealing in such goods or merchandise;
(4)
Persons involved in interstate commerce;
(5)
Sales of goods or merchandise donated by the owners thereof, the
proceeds of which are to be applied to any charitable or philanthropic
purpose;
(6)
Group exhibits or persons exhibiting and selling agricultural products
on Market Square in the city;
(7)
Individuals operating under licenses granted by a state agency;
(8)
The solicitation of funds for charitable purposes by any organization
or association from its members;
(9)
The solicitation of funds for charitable purposes by a person when
such solicitation occurs on premises owned or controlled by the person
soliciting funds or with the permission of the person who owns or
controls the premises, when previously invited to the premises for
solicitation;
(10)
The issuance of any announcement or advertisement that charitable
solicitation will occur or which announces or advertises an event
at which unannounced charitable solicitation will occur; or
(11)
The distribution of newspapers to the subscribers thereof.
(b)
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.
(c)
Any
person who peddles any food or beverage for human consumption shall
not be subject to the licensing provisions of this article, but must
be licensed for such peddling by the Paris-Lamar County health department.
(Ordinance 96-029, sec. 1, adopted 5/13/96; Ordinance 96-036, sec. 1, adopted 6/10/96; 1988
Code, sec. 24-2)
(a)
It
shall be unlawful for any person to go from house to house or from
place to place in the city soliciting, selling, or taking orders for,
or offering to sell or take orders for, any goods, wares, merchandise,
services, newspapers, magazines, or subscriptions to newspapers or
magazines, soliciting funds for charitable purposes or distributing
handbills, whether such person is permitted or has a certificate of
registration under this article or not, between the hours of 9:00
p.m. and 9:00 a.m. on any day of the week during the months of April,
May, June, July, August, September and October, and between the hours
of 6:00 p.m. and 9:00 a.m. on any day of the week during the months
of November, December, January, February and March, unless the hours
are extended in his permit.
(b)
No
person, directly or through an agent, shall canvass or solicit from
house to house or from place to place in the city to sell or attempt
to sell goods, merchandise, wares, services or anything of value or
to take or attempt to take orders for the future delivery of goods,
merchandise, wares, or any personal property of any nature whatsoever,
or take or attempt to take orders for services to be furnished or
performed in the future, without first having a written permit therefor.
(c)
It
shall be unlawful for any person to transact or conduct business in
the city at a site for which definite arrangements have not been made
for the hire, rental or lease of such premises for at least one (1)
month without first having procured a permit as a temporary vendor.
(d)
It
shall be unlawful for any person, directly or through an agent, to
distribute or cause to be distributed, deposited or placed, thrown,
scattered or cast any handbill in or upon any premises within the
corporate limits of the city without first having a written permit
or certificate of registration therefor.
(e)
It
shall be unlawful for any person, directly or through an agent or
employee, to solicit funds for charitable purposes within the corporate
limits of the city unless such person shall have first obtained a
certificate of registration.
(f)
It
shall be unlawful for any individual, as the agent or employee of
another, to solicit funds for charitable purposes in the city unless
his principal or employer has received a certificate of registration.
(g)
It
shall be unlawful for any person, directly or through an agent or
employee, to solicit funds or distribute handbills after the expiration
of any permit or certificate of registration issued as hereinafter
provided.
(h)
It
shall be unlawful for the person registering or applying, or the agents
or employees thereof, to solicit funds or distribute handbills for
a purpose other than that set out in the registration statement or
application upon which the certificate of registration or permit was
issued.
(i)
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 certificate of registration or permit by the city constitutes
an endorsement or approval of the purposes of such solicitation of
funds by the city or any officer or employee thereof.
(j)
It
shall be unlawful for any person to distribute or cause to be distributed,
deposited, placed, thrown, scattered or cast any handbill in or upon
any private premises which are temporarily or continuously uninhabited
or vacant.
(k)
It
shall be unlawful for any person to distribute or cause to be distributed,
deposited, placed, thrown, scattered, or cast any handbill upon any
private premises which are inhabited and which are not posted as provided
by this article except by handing or transmitting such handbill directly
to the owner, occupant, or any other person then present in or upon
such private premises or by placing or depositing the same in a manner
to secure to prevent such handbill from being blown or drifting about
such premises, except that mailboxes may not be used when prohibited
by federal postal laws or regulations.
(l)
It
shall be unlawful for any person to distribute or cause to be distributed,
deposited, scattered, handed out or circulated any handbill in any
place, under any circumstances, which does not have printed on the
cover, front or back thereof the name, address and telephone number
of the following: the handbill sponsor who caused the same to be distributed;
provided, however, that in the case of a fictitious person or club,
in addition to such fictitious name, the true names and addresses
of the owners, manager, or agents for the persons sponsoring such
handbill shall also appear thereon.
(Ordinance 96-029, sec. 1, adopted 5/13/96; Ordinance 96-036, sec. 1, adopted 6/10/96; 1988
Code, sec. 24-3)
(a)
Generally.
It shall be unlawful for any person to conduct charitable solicitations or peddle, solicit, sell, offer for sale, or exhibit for sale any merchandise upon any public sidewalk, street, street right-of-way, parkway, or other public right-of-way without first obtaining a special event permit in accordance with the provisions of article 5.06; except that it shall be lawful for any person to engage in a mobile vending operation involving food products upon any street, public street, or street right-of-way, provided such person has previously obtained a solicitor’s permit and a health permit from the Paris-Lamar County health department and under the conditions set forth in this section.
(b)
Exception for use of sidewalk by business adjacent to sidewalk.
Notwithstanding the provisions of this section, an owner or
tenant whose primary place of business is adjacent to a sidewalk may
utilize a portion of such sidewalk for the exhibition of his wares
or merchandise so long as a reasonable amount of sidewalk is left
for passage by the pedestrian public.
(c)
Solicitor’s permit and health permit required for mobile vendors.
No person shall engage in or attempt to engage in any mobile
vending operation involving food products unless such person has in
his immediate possession a valid solicitor’s permit and health
permit issued to him by the city.
(d)
Prohibited locations for mobile vendors.
No person shall
engage in or attempt to engage in any mobile vending operation involving
food products on any public street which is not residential in character,
on any street which includes four (4) or more marked traffic lanes,
or within the limits of any city park.
(e)
Operation in city park.
Notwithstanding the provisions
of this section, a person may sell or offer for sale any food, drinks,
confections, merchandise or services within the limits of any city
park if such person has a written agreement or permit issued by the
city.
(f)
Stops by mobile vendors.
Any person engaged in or who
attempts to engage in mobile vending involving food products shall
stop his motor vehicle only in immediate response to a direct request
from a potential customer and for a period not to exceed fifteen (15)
minutes.
(g)
Traffic safety requirements for mobile vendors.
All
persons engaged in mobile vending operations involving food products
shall comply with all traffic laws and parking regulations. Sales
and deliveries of products shall not be made from any part of the
vehicle away from the curb.
(h)
Interfering with persons in public place.
It shall be
unlawful for any person engaged in soliciting customers, for any person
engaged in the sale of goods, wares or merchandise of any kind, to
stop or detain any person upon the street, sidewalk or public place,
or in any manner to harass, disturb or importune any person, or to
take hold of any person or any article belonging to or possessed by
such person.
(i)
Posting handbills on public property.
It shall be unlawful
for any person to paste, stick, or place any advertisement, handbill,
placard, printed, pictured or written matter or any device for advertising
purposes upon any fence, railing, sidewalk, telephone, electric light
or public utility pole, or other public property, or to knowingly
permit the same to be done for his benefit.
(Ordinance 96-029, sec. 1, adopted 5/13/96; 1988 Code, sec. 24-4)
No merchant, including itinerant or temporary merchants, shall
engage in or attempt to engage in any outdoor sales activity unless
such sales activity is consistent with the zoning regulations prescribed
for the district in which the activity takes place. It shall be unlawful
for an itinerant or temporary merchant to solicit at a location other
than the one specified on the application.
(Ordinance 96-029, sec. 1, adopted 5/13/96; 1988 Code, sec. 24-5)
It shall be unlawful for any person to use children under eighteen
(18) years of age for any type of solicitation purposes unless said
children are actively supervised by a permitted or registered adult
individual at least eighteen (18) years of age or older within one
hundred (100) yards of the child solicitor.
(Ordinance 96-029, sec. 1, adopted 5/13/96; 1988 Code, sec. 24-6)
No permit under this article shall be issued to any person who
has been convicted of the commission of a felony in a court of competent
jurisdiction within three (3) years of the date of the application,
to any person who has been on probation or parole as a result of a
felony within one (1) year of the date of the application, or to any
person who has knowingly made any false, misleading or fraudulent
statement of fact in the permit application. A permit shall not be
issued to any person who has been convicted of a violation of any
of the provisions of this article, or to any person whose permit has
previously been revoked, if such conviction or revocation occurred
within one (1) year of the date of the application. The provisions
of this section shall, in no way, be construed as limiting the city’s
discretion in refusing to grant permits to persons convicted of felonies.
(Ordinance 96-029, sec. 1, adopted 5/13/96; 1988 Code, sec. 24-7)
(a)
It
shall be unlawful for any person to sell or solicit goods or funds
without visibly displaying the permit or certificate of registration
required by this article on his person while engaged in such solicitation
or sale.
(b)
It
shall be unlawful for any person to solicit funds without visibly
displaying on his person the permit or certificate of registration
provided by the city, or to display a permit or registration issued
in the name of another person.
(c)
Any
temporary vendor permit issued under this article shall be prominently
displayed in a conspicuous place on the premises where the sale or
exhibit is being conducted and shall remain so displayed so long as
any goods or merchandise are being sold or exhibited.
(d)
It
shall be unlawful for any person to distribute information-only handbills
without visibly displaying on his person a badge, not less than two
(2) inches by three (3) inches in size, containing his name and the
name of the individual to whom or organization to which a certification
of registration was issued. The letters shall not be less than two-thirds
(2/3) of an inch in height.
(Ordinance 96-029, sec. 1, adopted 5/13/96; Ordinance 96-036, sec. 1, adopted 6/10/96; 1988
Code, sec. 24-8)
(a)
Grounds for revocation; notice.
Failure to comply with
any of the provisions of this article, or failure to continue to possess
any of the qualifications required under this article, shall constitute
grounds for revocation of any permit or registration issued in accordance
with the provisions of this article. Written notice of revocation
shall be given to such person by either hand delivery or registered
or certified mail.
(b)
Appeals.
Should a person have a permit or registration
revoked, he may appeal that action to the city manager, or his designated
representative, by submitting a letter to the city manager within
ten (10) days of the revocation. A hearing shall be held within fifteen
(15) days of the appeal. The city manager, or his representative,
shall render a decision on the appeal within one (1) day of the date
of the hearing. Such hearing shall be an administrative hearing. The
decision of the city manager, or his designated representative, shall
be final.
(Ordinance 96-029, sec. 1, adopted 5/13/96; 1988 Code, sec. 24-9)
(a)
A
person desiring that no merchant or other person engage in any form
of solicitation or place handbills or other advertisements at his
business or residence shall exhibit, in a conspicuous place upon or
near the main entrance to the business or residence, a weatherproof
card, not less than three (3) inches by four (4) inches in size, containing
the words, “NO SOLICITORS.” The letters shall not be less
than two-thirds (2/3) of an inch in height.
(b)
Every
merchant going onto any premises upon which a business or residence
is located shall first examine the business or residence to determine
if any notice prohibiting soliciting is exhibited upon or near the
main entrance to the business or residence. If notice prohibiting
soliciting is exhibited, the merchant shall immediately depart from
the premises without disturbing the occupant, unless the visit is
the result of a request made by the occupant.
(c)
No person shall engage in or attempt to engage in solicitation or place handbills or other advertisements if a card as described in subsection (a) above is exhibited in a conspicuous place upon or near the main entrance to the business or residence, unless the visit is a result of a request by the occupant.
(d)
No
person shall go upon any residential premises and ring the doorbell,
rap or knock upon the door, or create any sound in a manner calculated
to attract the attention of the occupant of the residence for the
purpose of securing an audience with the occupant.
(Ordinance 96-029, sec. 1, adopted 5/13/96; 1988 Code, sec. 24-10)
