As used in this article, the following words and terms shall have the meaning ascribed thereto:
Charitable organization or organization.
An entity that the United States Internal Revenue Service recognizes to be a charitable organization or a church.
Commercial printed matter.
Any printed or written matter, whether a sample, device, leaflet, circular, pamphlet, paper, or booklet, whether printed, or reproduced, or copied, which:
(1) 
Advertises for sale any merchandise, product, commodity, or service;
(2) 
Directs attention to a business or commercial establishment or other activity for the purpose of either directly or indirectly promoting sales;
(3) 
Directs attention to or advertises a meeting, performance, exhibition, or event for which an admission fee is charged for private gain or profit, but this does not include a meeting, performance, exhibition, or event for which an admission fee is charged or a collection is taken up only for the purpose of deferring expenses; or
(4) 
While containing reading matter other than advertising matter, is predominantly and essentially an advertisement, and is distributed or circulated for advertising purposes or for the private benefit and gain of any person so engaged as advertiser or distributor.
Contribution.
Currency, coin, or check.
Goods.
Any goods, wares, merchandise, livestock, poultry, or other wild or domestic creatures, and all other tangible personal property of any nature whatsoever, but shall not include natural, botanical, and agricultural products, food and beverages intended for human consumption, and securities, policies of insurance and other intangibles.
Itinerant vendor.
Any person (whether or not a resident of the city) who engages in the transient business of selling goods or services within the city. The term “itinerant vendor” shall include any agent, independent contractor, employee, or other representative of any such person and peddlers or solicitors.
Location.
The approaches to an intersection equipped with a traffic-control signal light and within one hundred (100) feet of such an intersection.
Peddler.
A person, or the agent, consignee, or employee of a person, who carries goods upon a truck or other vehicle on the streets of the city for the purpose of exhibiting, selling, or offering for sale such goods from such truck or other vehicle or who within the city goes door to door of residences, offices, or places of business to display, sell, or offer for sale, or take orders for the sale of goods or to exhibit brochures, sales literature, or price lists for the purpose of taking orders for the sale of goods.
Person.
Any individual, corporation, partnership, association or other legal entity.
Public property.
Any property open or devoted to public use or owned by the city, county, state or federal government, including but not limited to parks, buildings, sidewalks, streets, and public parkways.
Sale or selling.
The exchange of goods, wares, merchandise or services in exchange for consideration, or the offer, exhibition, solicitation, or taking of orders for the sale of goods, wares, merchandise or services, or the distribution of commercial printed matter in aid of any such sale.
Services.
Work, labor or service purchased or leased for use, including services furnished in connection with the sale or repair of goods.
Transient business.
The sale of goods or services in or on any real property within the city not owned, leased, or rented by such a vendor for a period of at least sixty (60) consecutive days.
(2000 Code, sec. 7-201; Ordinance adopting Code)
(a) 
Any person violating any provision of this article is guilty of a misdemeanor and, upon conviction, shall be punished as provided in section 1.01.009 for each offense.
(b) 
Each sale, offer, exhibition, solicitation, taking of orders or distribution of commercial matter in aid of the sale of goods in violation of this article shall constitute a separate offense.
(c) 
The chief of police, his/her authorized designee, any officer of the city police department or any code enforcement officer is authorized to issue a summons and citation as applicable for violations of this article.
(2000 Code, sec. 7-210)
(a) 
In order to solicit contributions while standing in a street or highway, a charitable organization must comply with all of the permit requirements.
(b) 
Not less than thirty (30) days prior to the date desired for soliciting, a complete application shall be submitted to the city police chief or designee for a permit. The application form shall require the name of the charitable organization; a point of contact for the organization (meaning the name and phone number of the individual seeking the permit for the organization); the desired date(s) and specific location(s) for soliciting; the name, address, phone number and age of each individual who may solicit contributions on behalf of the organization; and an agreement of the organization indemnifying the city and holding it harmless from any and all claims, suits, demands, damages, and attorney fees arising out of or related to the acts or omissions of persons soliciting for the organization. The form may require further information that is reasonably necessary to the direct enforcement of this section and the purposes of this article. The form will inform the applicant of all costs and all required documentation and set forth time limitations and all other requirements.
(c) 
The solicitation of, or attempt to solicit, employment, business or contributions from the occupant of any vehicle without a city-issued permit on a street in the city is prohibited.
(2000 Code, sec. 7-201a)
(a) 
Except as herein provided, it shall be unlawful for any itinerant vendor to sell any goods on public property or to display or distribute commercial printed matter in aid of any such sale.
(b) 
It is a defense to prosecution under this section that the person selling goods on public property was:
(1) 
Doing so in connection with official government business;
(2) 
Doing so by authority of a contract, lease, or other agreement with the city, county, state or federal government to operate a business or concession on a designated area of public property; or
(3) 
Doing so under the authority of some other valid permit issued by the city.
(2000 Code, sec. 7-202)
(a) 
It shall be unlawful for any itinerant vendor to enter upon any private premises when such premises have posted a sign stating “No Peddlers Allowed” or “No Solicitations Allowed” or other words to such effect.
(b) 
Any itinerant vendor who enters upon premises owned, leased, or rented by another and refuses to leave such premises, after having been notified by the owner of such premises, or his/her agent, to leave the same and not return to such premises, shall, upon conviction, be deemed guilty of a misdemeanor.
(c) 
It is expressly provided that violation of this section shall be grounds for suspension and/or revocation of a permit.
(2000 Code, sec. 7-206; Ordinance adopting Code)
This article shall not apply to the following activities:
(1) 
Nonretail sales.
Sale of goods by a manufacturer or wholesaler to a retailer or to another wholesaler having a permanent place of business within the city;
(2) 
Religious and charitable sales.
Sale of goods by any religious, charitable, philanthropic, scholastic, or eleemosynary institution, organization or association;
(3) 
Arts and crafts fairs.
Sale of goods at an arts and crafts fair or similar event held:
(A) 
Within a structure on private or public property that is entirely enclosed;
(B) 
With no outside display of goods, wares, or merchandise; and
(C) 
In compliance with all zoning, health and sanitation, and other applicable codes;
(4) 
Sales in connection with home occupation.
Sale of goods in connection with a home occupation lawfully conducted in accordance with the law;
(5) 
Insurance, securities, and other intangibles.
The sale of insurance contracts, securities, or other intangibles;
(6) 
Produce.
The sale of raw agricultural products, flowers or produce;
(7) 
Garage sales.
The sale, offer, exhibition or solicitation of orders for the sale of goods at a “garage sale” held on private residential premises and in compliance with local ordinances;
(8) 
Newspapers and periodicals.
The sale of newspapers or periodicals from a stationary coin-operated machine properly situated so as not to obstruct or impede pedestrian or motor vehicle traffic and in compliance with local law;
(9) 
Food products.
The sale of food, beverages, or other commodities intended for human consumption by authority of a permit issued by the Plainview/Hale County Health District or otherwise in accordance with all laws, ordinances, and regulations applicable thereto; or
(10) 
Noncommercial printed matter.
The sale or distribution of printed matter that is not commercial printed paper, including but not limited to newspapers, magazines, books, etc., which sale is otherwise than from a coin-operated machine as described in the above subsection.
(2000 Code, sec. 7-209)
(a) 
License required for selling goods on private property.
It shall be unlawful for any itinerant vendor to sell goods on private property within the city without an itinerant vendor’s license issued in accordance with the provisions of this article.
(b) 
Time for securing license.
The license required by the preceding subsection shall be secured prior to the actual sale, offer, exhibit, or solicitation of orders for the sale of goods by an itinerant vendor.
(c) 
Application forms.
Application for an itinerant vendor’s license may be secured during business hours at the Plainview Police Department, 108 W. 9th, Plainview, Texas 79072.
(d) 
Application requirements.
Applications for an itinerant vendor’s license must be complete, accurate, and made on a form provided for that purpose by the chief of police or his authorized representative, with the signature thereon duly notarized upon the oath of said vendor that his/her answers are true and correct.
(e) 
Contents of application.
At the time of the application, each itinerant vendor shall provide, at a minimum, the following data for identification of such applicant and each employee, agent, or representative who will sell, offer, exhibit, or solicit orders on his/her behalf:
(1) 
Name;
(2) 
Address (residential and business);
(3) 
Social security number;
(4) 
Date of birth;
(5) 
Telephone numbers (residential and business);
(6) 
Name and address of the person, corporation, or other entity from whom goods, wares, or merchandise to be sold is secured (sources of goods);
(7) 
Recent photograph (not more than one year old) of the applicant and all employees, agents, or representatives:
(8) 
Current driver’s license number of applicant and all employees, agents, or representatives;
(9) 
A brief description of the nature of the business and of the goods to be sold or services to be performed;
(10) 
Length of time for which the right to do business is required;
(11) 
The fingerprints of the applicant;
(12) 
The names of two references as to the character and business responsibility of the applicant or, in lieu of such references, the means of obtaining evidence as to the applicant’s character and business responsibility;
(13) 
A statement as to any convictions of crimes, misdemeanors, or violations of municipal ordinances, the date, the nature of the offense, and the penalty assessed therefor;
(14) 
A statement that a license, if granted, will not be used or represented as an endorsement by the city for solicitations thereunder.
(f) 
Fees.
Each application for an itinerant vendor's license shall be accompanied by a license fee as set forth in the master fee schedule for the applicant and for each employee, agent, or representative of the applicant vendor who will sell, offer, exhibit, or solicit orders for the sale of goods, wares, or merchandise for or on behalf of the applicant vendor.
(g) 
Acknowledgement of receipt.
Each itinerant vendor shall be required to receive his/her license in person and acknowledge receipt therefrom on a form provided for this purpose by the chief of police.
(h) 
Primary term.
Each itinerant vendor’s license issued under this article shall be valid for a primary term of ninety (90) days from the date of issuance.
(i) 
Extension of term.
The primary term indicated in the preceding subsection may be extended once for an additional ninety (90) days by filing a renewal application on a form provided for this purpose by the chief of police prior to the expiration date of the primary license term.
(j) 
Renewal application and fees.
Each renewal application shall be accompanied by a license renewal fee as set forth in the master fee schedule for each applicant vendor and for each employee, agent, or representative selling, offering, exhibiting or soliciting orders for the sale of goods on behalf of the applicant vendor.
(k) 
Transfer.
A license issued under the authority of this article constitutes a purely personal privilege which may not be sold, assigned, or otherwise transferred and shall not inure to the benefit of a person other than the original licensee.
(l) 
Issuance or denial.
The chief of police shall receive all applications and review such applications for compliance with the provisions of this article. After the passage of five complete business days from the date an application is submitted to the chief of police, and if the chief of police has no evidence that answers to the questions on the application are other than as stated on the application and the application is determined to comply with the provisions of this article, then said license shall be issued to the applicant. If the chief of police determines that any question on the application has been answered falsely or that the application does not comply with all of the provisions of this article, then, in that event, the license shall not be issued and the applicant shall be so informed and given, in writing, the reason for nonissuance.
(2000 Code, sec. 7-203; Ordinance 23-3746 adopted 5/23/2023)
(a) 
A license issued under this article shall be prominently displayed in a conspicuous place such that the same may be easily read at any time during the sale, offer, exhibition, or solicitation of orders for the sale of goods.
(b) 
It shall be unlawful for any itinerant vendor or employee, agent, or representative of such itinerant vendor to sell goods in the city without prominently and conspicuously displaying his itinerant vendor’s license as required in the preceding subsection.
(c) 
It shall be unlawful for any person to present, display, or sell goods within the city under the authority of an itinerant vendor’s license issued to another.
(d) 
It shall be unlawful for any itinerant vendor to fail or to refuse to display or exhibit his/her itinerant vendor’s license or other identification upon request by the chief of police or his/her designee, any member of the city police department, or a code enforcement officer.
(e) 
It shall be unlawful for any itinerant vendor to sell goods under the authority of a false, counterfeit, invalid or altered itinerant vendor’s license.
(2000 Code, sec. 7-205)
(a) 
A license issued under this article may be suspended or revoked by the chief of police if the following conditions are found:
(1) 
Fraud, misrepresentation or false statement contained in the application for the license;
(2) 
Fraud, misrepresentation or false statement made in the course of carrying on the business of the solicitor or canvasser;
(3) 
Any violation of this article;
(4) 
Conviction of any crime involving moral turpitude, or conducting the business of soliciting or canvassing in an unlawful manner or in such a manner as to constitute a breach of peace or so as to constitute a menace to the health, safety, or general welfare of the public.
(b) 
Notice of suspension or revocation of a license shall be in writing and mailed to the licensee at the address of record on the original application and shall be effective as of the date of the writing.
(2000 Code, sec. 7-207)
Any person aggrieved by the denial, suspension, or revocation of an itinerant vendor’s license hereunder may appeal such action within ten (10) days from the date thereof in the manner and in accordance with the following procedures:
(1) 
An appeal in writing must be submitted to the city manager’s office stating the grounds therefor.
(2) 
The city manager’s office shall issue a decision within three (3) calendar days regarding the decision rendered by the chief of police. The city manager’s office shall have the authority to grant, deny, modify, or overrule the chief of police’s decision in regard to the issuance of the license.
(3) 
The decision of the city manager’s office shall be final.
(2000 Code, sec. 7-208)