Any person desiring a permit under this division shall file a written, sworn application, on the form provided by the city, with the city manager at least ten (10) days prior to the date of the initial contemplated sale. The application shall state thereon the following:
(1) 
The full name, driver’s license number, social security number, business and permanent addresses, and a local address and telephone number of the person making application;
(2) 
The name of the person having the management or supervision of the applicant’s business, if any, and the permanent address and telephone number of such person;
(3) 
The name of the handbill sponsor, if applicable, and the permanent address and telephone number of such person;
(4) 
The name and address of the person on whose account the business will be carried on, if any, and, if a corporation, the applicant shall state whether such corporation is organized under the laws of the State of Texas or is a foreign corporation, and must show the mailing address, business location, telephone number, name of the individual in charge of the local office of such corporation, if any, and the names and addresses of all officers and directors or trustees of said corporation, and, if a foreign corporation, the place of incorporation;
(5) 
The dates on which the solicitation or handbill distribution will occur;
(6) 
The kind, type and character of goods the applicant will offer for sale, and whether such applicant, upon any such sale or order, shall demand, accept or receive payment or deposit of money in advance of final delivery;
(7) 
The location where such solicitation or handbill distribution will be conducted in the city;
(8) 
If a vehicle is used while soliciting or distributing handbills, a description of the vehicle, including year, make, model and license plate number;
(9) 
The full names, driver’s license numbers, social security numbers, permanent addresses and telephone numbers of each employee, agent or representative of the applicant who will sell, offer, exhibit or solicit orders for the sale of goods, wares or merchandise or distribute handbills for or on behalf of the applicant;
(10) 
If applicable, the full names, driver’s license numbers, social security numbers, permanent addresses and telephone numbers of all adults who will be responsible for supervising any juvenile solicitor (under 18 years of age);
(11) 
The last three (3) places where the applicant peddled, canvassed or distributed handbills, stating the nature thereof and giving the applicant’s full address in each place;
(12) 
Whether or not the applicant or any employee, agent or representative of the applicant who is listed on the application 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 or been on probation or parole as a result of a felony within one (1) year of the date of the application;
(13) 
Whether or not the applicant or any other person associated with the applicant or the applicant’s organization has previously held a permit issued under the provisions of this division and if such permit was revoked;
(14) 
Whether or not the applicant or any employee, agent or representative of the applicant who is listed on the application has been issued a permit for a concealed handgun;
(15) 
A copy of the sales tax permit issued by the state comptroller;
(16) 
In the case of temporary vendors, written consent, on the form provided by the city, from the property owner or agent authorized to grant consent for applicant’s use of such private property for sales activity indicated in permit application;
(17) 
Any other information which the city deems necessary for the administration of this division; and
(18) 
The nonrefundable application fee and bond provided for in this division shall accompany the application.
(Ordinance 96-029, sec. 1, adopted 5/13/96; 1988 Code, sec. 24-21)
(a) 
All persons desiring to distribute information-only handbills shall file with the city manager a registration statement, on the form provided by the city, containing the following information:
(1) 
The name of the person registering and desiring to distribute handbills;
(2) 
If the person registering is a natural person, the business or residence address and telephone number;
(3) 
If the person registering is a partnership, the names of all partners and the principal business address and telephone number of each partner;
(4) 
If the person registering is a corporation, whether it is organized under the laws of the State of Texas or is a foreign corporation, the mailing address, business location, telephone number, name of the individual in charge of the local office of such corporation, if any, and the names of all officers and directors or trustees of said corporation, and, if a foreign corporation, the place of incorporation;
(5) 
If the person registering is an association, the association’s principal business address and telephone number, if any, and the names and principal business or residence addresses and telephone numbers of all members of the association unless they exceed ten (10) in number, in which case the person registering may alternatively list the names and principal business or residence addresses and telephone numbers of the officers and directors or trustees of the association. If the association is part of a multi-state organization or association, the mailing address and business location of its central office shall be given, in addition to the mailing address and business location of its local office;
(6) 
The names, mailing address and telephone number of all individuals who will be in direct charge or control of the distribution of handbills;
(7) 
The time period within which the distribution of handbills is to occur, giving the date of the beginning of distribution and the projected conclusion;
(8) 
A statement to the effect that, if a certificate of registration is granted, such certificate will not be used or represented to be an endorsement by the city or any of its officers or employees; and
(9) 
Any other information which the city deems necessary for the administration of this division.
(b) 
The registration statement must be signed by the applicant, if the person registering is an individual; if the person registering is a partnership, by the partner charged with disbursing funds solicited; or if a person is registering on behalf of a corporation or an association, by its officer charged with disbursing the funds solicited. The individual signing the registration statement shall sign the statement and swear before an officer authorized to administer oaths that he has carefully read the registration statement and that all the information contained therein is true and correct.
(c) 
Information provided by applicant in accordance with the provisions of this section may be subject to verification by the city police department.
(Ordinance 96-036, sec. 1, adopted 6/10/96; 1988 Code, sec. 24-21.1)
(a) 
The nonrefundable permit fee for an itinerant vendor shall be as set forth in the fee schedule in appendix A of this code.
(b) 
The nonrefundable permit fee for a temporary vendor shall be as set forth in the fee schedule in appendix A of this code.
(c) 
The nonrefundable permit fee for all persons distributing handbills other than information-only handbills shall be as set forth in the fee schedule in appendix A of this code.
(d) 
The nonrefundable fees herein provided for shall be used for the purpose of defraying expenses incident to the issuing of such permits.
(e) 
The nonrefundable fees for the issuance of a permit provided for in this section shall not be required of nonprofit or charitable organizations.
(Ordinance 96-029, sec. 1, adopted 5/13/96; Ordinance 96-036, sec. 1, adopted 6/10/96; 1988 Code, sec. 24-22; Ordinance adopting 2021 Code)
(a) 
Each application for a permit under this division shall be accompanied by a cash bond in the penal sum of one thousand dollars ($1,000.00), signed by the applicant. The cash bond shall be conditioned for the final delivery of goods, wares, merchandise, services, photographs, magazines or newspapers in accordance with the terms of any order obtained prior to delivery and also conditioned to indemnify any and all consumers for any and all defects in material or workmanship that may exist in the article sold by the principal at the time of delivery, and that may be discovered by the consumer within ninety (90) days after delivery. Such cash bond shall be for the use and benefit of all persons that may make any purchase or give any order to the principal on the cash bond or to an agent or employee of the principal. Such bond shall be retained by the city for a period of ninety (90) days after the expiration of the permit secured by the same.
(b) 
In the event that the applicant for a permit under this division is a person, firm, company, partnership, corporation or association acting through one or more agents or employees, such person, firm, company, partnership, corporation or association shall be required to enter into only one cash bond in the penal sum of one thousand dollars ($1,000.00) as above required, which cash bond shall be made to cover the activities of all its agents or employees.
(c) 
Any person who is engaged in the sale of food and food products, and who delivers the same at the time of sale, shall not be required to execute the cash bond required by this section.
(d) 
Any person who is engaged in solicitation for charitable purposes shall not be required to execute the cash bond required by this section.
(e) 
Any person who is engaged solely in distributing handbills shall not be required to execute the cash bond required by this section.
(Ordinance 96-029, sec. 1, adopted 5/13/96; 1988 Code, sec. 24-23)
At the time of filing an application for a permit under this division, the applicant shall submit, for inspection by the city manager, written proof of his identity, which may be in the form of an automobile operator’s license or an identification letter or card issued to him by the person for whom or through whom orders are to be solicited or cleared.
(Ordinance 96-029, sec. 1, adopted 5/13/96; 1988 Code, sec. 24-24)
Upon application for a permit being made by the applicant for the sale of goods within the city, the city manager shall deliver the application to the chief of police, who shall investigate and verify the applicant, his firm, or the firm he represents, and report his findings to the city manager by 5:00 p.m. no later than the third business day after the application was filed with the city manager. The city manager shall prepare a memorandum summarizing the findings to be filed in his office.
(Ordinance 96-029, sec. 1, adopted 5/13/96; 1988 Code, sec. 24-25)
An application may be denied when:
(1) 
Information on the application is incomplete or insufficient;
(2) 
An applicant, including persons listed under a group application, has been convicted of a felony within the last three (3) years; or
(3) 
A false statement or material misrepresentation is made on an application for a solicitor’s permit, which shall be grounds for immediate denial or revocation of a permit.
(Ordinance 96-029, sec. 1, adopted 5/13/96; 1988 Code, sec. 24-26)
(a) 
If, upon hearing, it shall appear to the city manager that the statements contained in an application for a permit under this part are true, that the correct cash bond has been posted, that proper identification has been presented, that the applicant has the right, under the constitution and the laws of this state and under the ordinances of the city, to engage in business, and that the applicant has not been convicted of a felony or a violation of similar itinerant vendor’s ordinances of the cities of the state, then the city manager shall issue such permit to the applicant.
(b) 
After review of the registration statement, to determine its compliance with this division, and within ten (10) working days of the receipt of the same, the city manager shall either issue a certificate of registration, as provided in this division, or notify the person applying that the registration statement does not comply with the requirements of this division, and specifically point out what information or explanation has not been furnished that is required before a certificate of registration can be issued.
(Ordinance 96-029, sec. 1, adopted 5/13/96; Ordinance 96-036, sec. 1, adopted 6/10/96; 1988 Code, sec. 24-27)
(a) 
Any permit issued under this division shall be valid for ninety (90) days from the date of issuance.
(b) 
Any certificate of registration issued under this division shall be valid for one (1) year from the date of issuance.
(Ordinance 96-029, sec. 1, adopted 5/13/96; Ordinance 96-036, sec. 1, adopted 6/10/96; 1988 Code, sec. 24-28)