As used in this article, the following words and terms shall
have the meaning ascribed thereto:
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.
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) 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:
(2) Address (residential and business);
(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)
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)