For the purpose of this article, a peddler, itinerant vendor,
itinerant merchant or solicitor shall mean any person, partnership,
firm or corporation going from place to place in the city soliciting,
exhibiting, selling, canvassing or taking orders for or offering to
sell or take orders for any goods, wares, merchandise, foodstuffs,
services, and subscriptions to magazines or publications. The same
shall also include any person, partnership, firm or corporation soliciting,
exhibiting, selling, canvassing, or taking orders for or offering
to sell or take orders for any goods, wares, merchandise, foodstuffs,
services, and subscriptions to magazines or publications upon or from
a truck or other vehicle whether on the streets or from any property
whatsoever in the city, whether public or private. Anyone who solicits
orders and, as a separate transaction, makes deliveries to purchasers
as a part of a scheme or design to evade these provisions shall be
deemed a peddler, itinerant merchant, or solicitor.
(2001 Code, sec. 112.01)
(a)
If
the application shows the applicant is to take orders for future delivery,
he shall give bond signed as surety by some surety company authorized
to do business in the state, conditioned for the final delivery of
goods or services in accordance with the terms of such order obtained
and also conditioned to indemnify any and all purchases or customers
for any and all defects in material or workmanship that may exist
in the articles sold by the principal in such bond, at the time of
delivery, that may be discovered by such purchaser or customer within
thirty (30) days after delivery. Such bond shall be in the sum of
not less than one thousand dollars ($1,000.00) and shall remain in
full force and effect for the entire duration of the license permit.
(b)
Any
bona fide charitable, religious, educational, or philanthropic organization
or any person engaged in interstate commerce shall not be required
to give a surety bond even though orders may be taken for future delivery.
(2001 Code, sec. 112.04)
It shall be unlawful for any peddler, itinerant vendor, or solicitor
who enters upon premises owned, occupied, or leased by another person
to willfully refuse to leave such premises after having been notified
by the owner or possessor of such premises or his agent.
(2001 Code, sec. 112.11)
It shall be unlawful for any peddler, itinerant vendor, or solicitor
to enter upon any private premises when the same is posted with a
sign stating “No Peddlers Allowed” or “No Solicitation
Allowed” or other words to such effect.
(2001 Code, sec. 112.12)
It shall be unlawful for any peddler, itinerant vendor, or solicitor
to engage in the business of peddling at any time between sunset and
thirty (30) minutes after sunrise, except when the peddler, itinerant
vendor, or solicitor has specific invitation and appointment with
the customer.
(2001 Code, sec. 112.13)
(a)
All
peddlers, itinerant vendors, or solicitors shall provide to the consumer,
in writing, the right to cancel a solicitation transaction made in
person or by telephone until midnight of the third business day after
the day on which the consumer signs an agreement or offer to purchase
any goods or services. For the purpose of telephone solicitations,
the date of transaction means the day the consumer receives the goods
or services purchased in a solicitation transaction. If the consumer
chooses to cancel the solicitation transaction, notification by mail
shall be considered given at the time mailed, as evidenced by the
postmark; notification by telegram shall be considered given at the
time filed for transmission; and notification by any other writing
shall be considered given at the time delivered to the merchant’s
designated place of business.
(b)
It
shall be unlawful for any peddler, itinerant vendor, solicitor, or
company represented to refuse to allow the customer to cancel the
solicitation transaction.
(2001 Code, sec. 112.14)
The following persons, partnerships, firms, or corporations
shall be exempt from the permit provisions of this article:
(1)
Ordinary
commercial travelers who sell or exhibit for sale goods or services
to local firms or businesses and not to residences.
(2)
Daily
deliveries of milk and bakery and other food products, liquor deliveries,
or newspaper deliveries.
(3)
Insurance
salesmen, real estate salesmen, and other professionals licensed by
the state, except that insurance salesmen shall personally solicit
only at the specific request of the owner or occupant of the business
or residence at which the solicitation is being made.
(2001 Code, sec. 112.15)
It shall be unlawful for any person, partnership, firm, or corporation
to peddle, sell, solicit, exhibit, or take orders or offer to take
orders for any goods, wares, merchandise, foodstuffs, services, and
subscriptions to magazines or publications without first having obtained
a permit to do so from the city secretary.
(2001 Code, sec. 112.02)
(a)
Any
person desiring to obtain a permit as required by this article shall
make written application to the city secretary. The application shall
show at least the following:
(1)
The name of the applicant and his address;
(2)
The name and address of the person or firm the applicant represents;
(3)
A physical description and the social security number and driver’s
license number of the applicant;
(4)
A record indicating any prior conviction of a felony or misdemeanor
involving theft, fraud, bribery or perjury;
(5)
The name of the immediate last preceding three municipalities in
which the applicant worked;
(6)
The product or service offered or to be offered for sale;
(7)
Whether the applicant will demand, accept or receive payment or deposit
of money in advance of final delivery of any product or service ordered;
(8)
The date the permit was issued; and
(9)
The period of time such applicant wishes to take orders in the city.
(b)
In
addition, there shall also be attached to each application for a permit
the following:
(c)
In
addition, the applicant may be required to submit to fingerprinting.
Such fingerprinting shall be kept as a permanent record with the application.
(d)
No
permit shall be issued until such written application has been filed
with the city secretary for a period of twenty-four (24) hours.
(2001 Code, sec. 112.03)
It shall be the duty of the city secretary to investigate each
person that has made an application for a permit.
(2001 Code, sec. 112.05)
Upon completion of the investigation, the city secretary shall
issue or refuse to issue a permit. All permits issued shall be valid
for a period of one year, unless sooner revoked.
(2001 Code, sec. 112.06)
Each applicant for a permit under this article shall be charged
a permit fee as provided for in the city fee schedule. Such fees shall
be paid by the person desiring such permit and are payable at the
time of application. This fee shall not be prorated nor refunded regardless
of whether a permit is issued. No fee shall be charged to persons
offering for sale agricultural products, meats, poultry, or other
articles of food grown or produced by such persons. A permit shall
be issued to such persons by the city secretary upon satisfactory
proof that they have produced or grown the product(s) to be peddled
and such license shall so state. No fee shall be charged to any bona
fide charitable, religious, educational, or philanthropic organization,
or persons engaged in interstate commerce. The term “interstate
commerce” means soliciting, selling, or taking orders, or offering
to take orders, for any goods or services which, at the time the order
is taken, are in or will be produced in any federal district or territory,
any commonwealth, or any state other than the State of Texas, and
shipped or introduced into the city in the fulfillment of such orders.
(2001 Code, sec. 112.07)
It shall be unlawful for any peddler, itinerant merchant, or
solicitor to engage in any activity for which a permit is required
by this article, unless he carries such permit on his person while
so engaged. Every peddler, itinerant merchant, or solicitor shall
display his permit upon request of any person and failure to so display
such permit shall be grounds for revocation and shall constitute a
violation of this article.
(2001 Code, sec. 112.08)
After such permit has been issued and the city finds that the
permit was obtained by false representation in the application or
that the permit holder has committed any act or practice that violates
section 17.46 et seq., Texas Business and Commerce Code, otherwise
known as the Texas Deceptive Trade Practice Act, or has committed
any crime or misdemeanor involving moral turpitude or any violation
of this article or any other city ordinance or state or federal law,
the city may revoke such permit by giving written notice to the holder
and a hearing held. Such notice shall be given by depositing same
in the United States mail, certified or registered mail return receipt
requested, addressed to the permittee at the address stated on the
license application. Such hearing shall be held not less than ten
(10) days after the service of such notice.
(2001 Code, sec. 112.09)
No permit issued under this article shall be transferable or
assignable nor give authority to more than one (1) person to engage
in business as a peddler, itinerant merchant or solicitor, but any
person having obtained such permit may have the assistance of one
(1) or more persons in conducting such business.
(2001 Code, sec. 112.10)
