For the purpose of this article, the following terms shall have the following meanings:
Canvasser.
A person who attempts to make personal contact with a resident at his or her residence without prior specific invitation or appointment from the resident, for the primary purpose of:
(1) 
Attempting to enlist support for or against a particular religion, philosophy, ideology, political party, issue or candidate, even if incidental to such purpose the canvasser accepts the donation of money for or against such cause; or
(2) 
Distributing a handbill or flyer advertising a noncommercial event or service.
Itinerant vendor.
A person who sets up and operates a temporary business on privately owned property, whether improved or unimproved, in the city, soliciting, selling, or taking orders for, or offering to sell or take orders for, goods, or services. A temporary business is one that continues for forty-five (45) days or less, and exists whether solicitation is from a stand, vehicle, or freestanding structure.
Peddler.
A person who attempts to make personal contact with a resident at his or her residence without prior specific invitation or appointment from the resident, for the primary purpose of attempting to sell a good or service. A “peddler” does not include a person who distributes handbills or flyers for a commercial purpose, advertising an event, activity, good or service that is offered to the resident for purchase at a location away from the residence or at a time different from the time of visit. Such person is a “solicitor.”
Person.
Any individual, firm, association, partnership, company, society, corporation, group, or entity of any nature.
Solicitor.
A person who attempts to make personal contact with a resident at his or her residence without prior specific invitation or appointment from the resident for the primary purpose of:
(1) 
Attempting to obtain a donation to a particular patriotic, philanthropic, social service, welfare, benevolent, educational, civic, charitable, fraternal, political, or religious purpose, even if incidental to such purpose there is a sale of some good or service; or
(2) 
Distributing a handbill or flyer advertising a commercial event or service.
(Ordinance 83-78, sec. 1, adopted 8/9/83; 1957 Code, sec. 14-1; Ordinance 2014-36, sec. 1, adopted 7/8/14; Ordinance 2016-47, sec. 1, adopted 11/8/16)
Any person who violates or fails to comply with the provisions of any section of this article shall be guilty of a misdemeanor and upon conviction shall be punishable by a fine not exceeding five hundred dollars ($500.00).
(Ordinance 83-78, sec. 1, adopted 8/9/83; Ordinance 98-35, sec. 1, adopted 5/26/98; 1957 Code, sec. 14-16)
The provisions of this article concerning permit requirements shall not apply to persons who come within any of the following classifications:
(1) 
Peddlers selling to or soliciting orders from retail business houses only;
(2) 
Peddlers going to a house or place at the express invitation of the owner or occupant of such house or place;
(3) 
Persons engaged in a business or activity which the state or federal government has exclusive authority to regulate;
(4) 
Persons distributing or selling newspapers, pamphlets, handbills or other written or printed matter sold or distributed for the purpose of disseminating news, information or religious materials;
(5) 
Persons living in the city who hold “garage sales,” which consist of the sale of used domestic merchandise, for two (2) days’ or less duration, no more than twice a year;
(6) 
Public schools or other governmental entities;
(7) 
Persons who sell, trade, or barter on any property that has been approved by specific use permit under the city zoning ordinance for “sales space contracting.”
(Ordinance 83-78, sec. 1, adopted 8/9/83; Ordinance 83-82, sec. 4, adopted 8/23/83; 1957 Code, sec. 14-2; Ordinance 2016-47, sec. 2, adopted 11/8/16)
It shall be unlawful for any person to sell or solicit for the sale of any merchandise upon or within any public street, alley or sidewalk unless pursuant to a valid current permit issued by the city and in compliance with all other laws of the city, state and federal government, if applicable. This section shall not prohibit a merchant from utilizing the sidewalks abutting his place of business for the temporary display of merchandise, provided such display does not unreasonably interfere with automobile or pedestrian traffic.
(Ordinance 83-78, sec. 1, adopted 8/9/83; Ordinance 90-07, sec. 3, adopted 1/23/90; 1957 Code, sec. 14-13)
(a) 
Any peddler, itinerant vendor, solicitor, canvasser, or mobile street vendor who enters upon property owned, leased, or controlled by another and willfully refuses to leave said property after having been notified by such owner or possessor of said property, or his agent, to leave such property, shall be guilty of a misdemeanor.
(b) 
Any peddler, itinerant vendor, solicitor, canvasser, or mobile street vendor who enters upon any private property where the property has clearly posted in the front yard, a sign visible from the right-of-way (public or private), indicating a prohibition against peddling, soliciting, and/or canvassing shall be guilty of a misdemeanor. Such sign need not exceed one square foot in size and may contain words such as, or similar to, “no soliciting” or “no solicitors” in letters of at least two inches in height.
(c) 
Any peddler, itinerant vendor, solicitor, canvasser, or mobile street vendor who remains upon any private property where a notice in the form of a sign or sticker is placed upon any door or entrance way leading into the residence or dwelling at which guests would normally enter, which sign contains words such as, or similar to, “no soliciting” or “no solicitors” and which is clearly visible to the peddler, itinerant vendor, solicitor, canvasser, or mobile street vendor shall be guilty of a misdemeanor.
(Ordinance 83-78, sec. 1, adopted 8/9/83; Ordinance 98-35, sec. 1, adopted 5/26/98; 1957 Code, sec. 14-14; Ordinance 2016-47, sec. 3, adopted 11/8/16)
(a) 
No peddler itinerant vendor, solicitor, or canvasser required to obtain a permit under this article shall commence operation and go from place-to-place, or door-to-door, without prior invitation or appointment with the occupant of the premises, before 8:00 a.m., or after 8:00 p.m., on any day. A violation of this section shall be a misdemeanor offense.
(b) 
No mobile street vendor shall be in operation, doing business, or going from place-to-place at nighttime or before 9:00 a.m. or after 8:00 p.m. For purposes of this section, “nighttime” shall mean the time between sunset and sunrise. Sunrise and sunset shall be as specified by the weather bureau. A violation of this section shall be a misdemeanor offense.
(Ordinance 83-78, sec. 1, adopted 8/9/83, 1957 Code, sec. 14-15; Ordinance 2015-04A, sec. 3, adopted 2/10/15; Ordinance 2016-47, sec. 4, adopted 11/8/16)
(a) 
Applicability.
The special provisions set forth in this section shall apply to mobile street vendors and operators as herein defined and shall supersede any conflicting provisions found elsewhere in the city code.
(b) 
Definitions.
The listed words shall be defined as follows:
Mobile street vendor.
Persons that offer food or drink for sale from a motor vehicle on the city streets.
Motor vehicle.
Every motor vehicle used to vend food or drink on city streets.
Operator.
Any person, firm or corporation who owns, leases, contracts or in any other manner operates or permits a person to operate upon the city streets any motor vehicles for the purpose of vending as herein defined.
Vend or vending.
Offering food or drink for sale from a motor vehicle on the city streets.
(c) 
Special requirements.
Mobile street vendors shall be required to comply, and it shall be an offense not to comply, with the following special requirements:
(1) 
A person shall vend only when the motor vehicle is lawfully stopped.
(2) 
A person shall vend only from the side of the motor vehicle away from moving traffic and as near as possible to the curb or side of the street.
(3) 
A person shall not vend to a person standing in the roadway.
(4) 
A person shall not stop on the left side of a one-way street to vend.
(5) 
Display on the rear and front of the vehicle a sign with a white background and red letters (in block form that are uniform in size and three (3) to five (5) inches in height) that provides the following warning: “Warning: Watch for Child Near This Vehicle and Stop Before Passing When Stop Arm Is Extended.”
(6) 
A person shall not stop in a congested area where vending might impede or inconvenience the public.
(7) 
A person shall not vend in a street adjacent to a public school.
(8) 
A person shall actuate the special flashing lights required by subsection (e)(4) whenever stopped on the street for the purpose of vending.
(9) 
A person shall not back up, do a U-turn or reverse a motor vehicle for the purpose of vending.
(10) 
A person shall not actuate the special flashing lights required by subsection (e)(4) if not stopped on the street for purpose of vending.
(11) 
A person shall extend the required stop signal arm whenever stopped on the street for the purpose of vending.
(12) 
A person shall not extend the stop signal arm when the motor vehicle is in motion nor at any time the truck is stopped for a purpose other than vending.
(13) 
A person shall not stop a motor vehicle for purposes of vending within one hundred (100) feet of a street intersection.
(14) 
No mobile street vendor shall be in operation, doing business, or going from place to place at nighttime or before 9:00 a.m. or after 8:00 p.m. For purposes of this section, “nighttime” shall mean the time between sunset and sunrise. Sunrise and sunset shall be as specified by the weather bureau. A violation of this section shall be a misdemeanor offense.
(d) 
Conclusive police judgment.
For purposes of this section, the judgment of a police officer exercised in good faith shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced or a stop is for a temporary or stationary period of time.
(e) 
Operator and vehicle requirements.
An operator shall comply with the following requirements:
(1) 
The operator shall comply with all permitting requirements as a peddler unless modified or amended by the provisions of this section.
(2) 
No permit shall be issued to an operator unless a certificate is furnished to the city showing that the operator is carrying the following minimum amounts of insurance: public liability insurance in an amount of not less than three hundred thousand dollars ($300,000.00) for injuries, including those resulting in death, resulting from any one (1) occurrence and on account of any one (1) accident; property damage insurance in an amount of not less than twenty-five thousand dollars ($25,000.00) for damages on account of any one (1) accident or occurrence.
(3) 
The insurance certificates shall contain an agreement signed by the insurance company that, prior to modification, cancellation or termination of the subject policy, written notice shall be sent to the city by said insurance company.
(4) 
Install on the motor vehicle signal lamps to be mounted at the same level and as high and as widely spaced laterally as practicable. These lamps shall be five (5) to seven (7) inches in diameter and shall display two (2) alternately flashing yellow lights on the front of the vehicle and two (2) alternately flashing red lights on the rear of the vehicle; all lights shall be visible at five hundred (500) feet in normal sunlight upon a straight level street.
(5) 
Display on the rear of the vehicle a sign that shall provide the following warning: “Warning: Watch For Child Near This Vehicle.”
(6) 
The operator shall install on each motor vehicle to be used for vending an octagonal stop signal arm that is eighteen (18) inches by eighteen (18) inches and that can be extended horizontally from the left side of the motor vehicle duplicating the design of a standard octagonal stop sign as set forth in the state manual of uniform traffic-control devices. This arm shall be red and white in color and contain two (2) alternately flashing lights three (3) to five (5) inches in diameter at the top and bottom thereof, visible at three hundred (300) feet to the front and rear in normal sunlight upon a straight level street. The color of the two (2) lights facing to the front shall be red, and the two (2) lights facing to the rear shall be red. The bottom of the signal arm shall be forty-two (42) inches above the highway.
(f) 
Duty of other drivers.
The driver of a vehicle meeting or overtaking from either direction a mobile street vendor stopped on the street shall stop no less than twenty-five (25) feet from the front or rear of said mobile street vendor when the flashing lights and stop signal arm described herein are in use. After stopping, a driver may proceed past such mobile street vendor at a reasonable and prudent speed not exceeding fifteen (15) miles per hour and shall yield the right-of-way to any pedestrian who crosses the roadway to or from the mobile street vendor. The driver of a vehicle on a street with separate roadways separated by a divider of some nature need not stop upon meeting or passing a mobile street vendor on the parallel roadway.
(g) 
Denial or revocation of permit.
(1) 
A peddler’s permit as provided for in this article shall be denied or revoked upon the failure of a motor vehicle used by a mobile street vendor to pass an inspection to be conducted by the police department to certify that the motor vehicle is in compliance with all provisions of this section. All vehicles shall be inspected within thirty (30) days after the adoption of this subsection and prior to the issuance of an original peddler’s permit as defined in section 4-6-9 of this article. An operator shall not use any motor vehicle that has not first been inspected by the police department and found to comply with all requirements in this section.
(2) 
A peddler’s permit shall be denied or revoked upon the failure of the operator to comply with the requirements referenced in section 4-6-9 and this section.
(Ordinance 90-07, sec. 1, adopted 1/23/90; Ordinance 90-53, sec. 2, adopted 8/14/90; Ordinance 98-35, sec. 1, adopted 5/26/98; 1957 Code, sec. 14-17)
(a) 
Applicability.
The special provisions set forth herein shall apply to other street vendors as herein defined and shall supersede any conflicting provisions found elsewhere in the city code.
(b) 
Definition.
“Other street vendors” means persons that go from place to place and offer food or drink for sale on the city streets by some means other than from a motor vehicle as defined in section 4-6-7.
(c) 
Prohibited acts.
Other street vendors shall be prohibited, and it shall be an offense, for other street vendors to commit the following actions:
(1) 
Vend to a person standing in the roadway;
(2) 
Vend on a street or sidewalk adjacent to a public school;
(3) 
Stop for purposes of vending within one hundred (100) feet of a street intersection.
(Ordinance 96-16, sec. 1, adopted 2/27/96; 1957 Code, sec. 14-18)
(a) 
No person shall act as a peddler, itinerant vendor, or solicitor within the city without first obtaining the appropriate permit in accordance with this section. A canvasser is not required to have a peddler permit but any canvasser wanting a peddler permit for the purpose of reassuring city residents of the canvasser’s good faith shall be issued one upon request.
(b) 
An itinerant vendor may not use a tent, temporary building, or trailer, except a portable sanitary facility to be used while the vendor is set up at an event or a single axel trailer to be used only for the display of goods or merchandise for sale. Any sunshade or umbrella must be made of fabric and cannot exceed four (4) feet by four (4) feet in dimension.
(c) 
A permit or license shall be issued for the operation of an itinerant vendor business only in districts zoned light commercial.
(d) 
Permit fee:
(1) 
Peddler: One hundred twenty dollars ($120.00) per ninety (90) days; itinerant vendor: thirty dollars ($30.00) per 10 days to compensate the city for administering this article. The number of active itinerant vendor permits issued at any time by the city shall be limited to thirty (30) permits.
(2) 
Solicitor, including a commercial solicitor advertising an event, activity, good or service for purchase at a location away from the residence: No fee.
(3) 
Canvasser: No fee.
The city will not require payment of this permit fee by charitable, educational, or religious organizations engaged in activities such as bake sales or carwashers. Door-to-door or stationary sales of goods with a set price or requested donation not to exceed twenty ($20.00) per unit must only comply with subsections (m)(1)–(5) (general prohibitions) of this section.
(e) 
Permit duration.
A permit requested under this article will issue for a minimum of five (5) days, but not to exceed ninety (90) days for a peddler and ten (10) days for an itinerant vendor. Each eligible property may only allow use of the property for a temporary business for a maximum of forty-five (45) days per calendar year.
(f) 
This section does not apply to mobile food units. Mobile food units shall be permitted under chapter 6 (health and sanitation), article 6-6 (food establishments) of this code.
(g) 
A person or organization may apply for one or more peddler permit(s) by completing an application form at the billing and collection department, during regular office hours. The permit shall be issued promptly after application but in all cases within twenty-four (24) business hours of completion of an application, unless it is determined within that time that:
(1) 
The applicant has been convicted of a felony or a misdemeanor involving moral turpitude within the past seven years;
(2) 
With respect to a particular license, a person for whom a permit card is requested has been convicted of a felony or a misdemeanor involving moral turpitude within the past seven years; or
(3) 
Any statement on the application is false, unless the applicant can demonstrate that the falsehood was the result of excusable neglect.
(h) 
All initial applications for a peddler permit shall include:
(1) 
Name of applicant;
(2) 
Permanent address of applicant;
(3) 
Number of permits required;
(4) 
A driver’s license, passport, state identification card or other U.S. Government identification card, containing the name, physical description and a photograph of the person for each person requesting a permit card;
(5) 
The motor vehicle make, model, year, and state license plate number of any vehicle that will be used by each person for whom a peddler permit card is requested;
(6) 
If for a peddler or itinerant vendor: The name and permanent address of the business offering the event, activity, good or service and the location where books and records of the business are kept and which are available for city inspection to determine that all city sales taxes have been paid;
(7) 
A copy of the vendor’s valid state sales tax certificate or proof of tax exemption;
(8) 
If for an itinerant vendor, a copy of a lease or written, notarized permission from the owner of the private property showing that the itinerant vendor may use the property;
(9) 
A dimensional or scaled site plat indication the location of the display area, curb cuts and parking area;
(10) 
If the sale involves food products, the itinerant vendor must obtain all of the necessary health department and city permits;
(11) 
Nothing in this article shall prohibit persons from distributing handbills, door-to door within the city without a permit. Nothing in this article shall prohibit distributing religious materials or ideas, political materials or ideas or circulating a petition door-to door within the city without a city permit. Nothing in this article shall prohibit a political candidate from going door-to-door within the city without a permit.
(i) 
Investigation.
(1) 
During the time following the application for a peddler or itinerant vendor permit, the city shall forward each application or a copy thereof to the police department to investigate as to the truth and accuracy of the information contained in the application and the other requirements of this article. Failure to procure a peddler permit does not prevent a canvasser from canvassing residents of the city.
(2) 
If an itinerant vendor’s permit is requested, each application or a copy thereof shall be referred to the city’s planning department for investigation and approval of the proposed sales area with regard to city zoning ordinances.
(j) 
Denial, revocation, or suspension of permit.
(1) 
Grounds.
The following reasons shall constitute grounds for denial, revocation, or suspension of a permit issued pursuant to the provisions of this article:
(A) 
Failure to file any required documents or paperwork;
(B) 
Failure to pay the required fee when due;
(C) 
Conviction of a crime that directly relates to the duties and responsibilities of the applicant as provided in section 4-1-1 of the city code and guidelines adopted by the city manager and on file for public inspection in the office of the city secretary;
(D) 
Failure to comply with any applicable requirements set forth in this article;
(E) 
The applicant omits or falsely states a material fact in the application;
(F) 
The applicant becomes disqualified for the issuance of a permit under the terms of this chapter;
(G) 
A violation of any of the provisions of this article; or
(H) 
If applicable:
(i) 
Failure to provide parking spaces, which need not be paved, sufficient in number to accommodate the number of automobiles being reasonably expected to be parked at any one time, taking into consideration the type, size, and quantity of merchandise to be offered for sale, and in addition to those parking spaces required under the zoning ordinance for existing businesses;
(ii) 
The use blocks access to a driveway; or
(iii) 
Failure to provide adequate trash containers for the proposed use. The trash containers need not be city trash containers.
(2) 
Notice.
If the issuing officer denies, or upon completion of an investigation, revokes the permit to one or more persons, he shall immediately convey the decision to the applicant orally and shall within seven (7) working days after the denial or revocation prepare a written report of the reason for the denial or revocation which shall immediately be made available to the applicant.
(3) 
Appeal.
The vendor shall have ten (10) days from the date of revocation or denial in which to file a written notice of appeal to the city manager from the order denying or revoking the permit. An appeal from the decision of the city manager can be had following the procedures set out in section 1-2-5 of this city [code].
(k) 
Display of peddler permit.
Each peddler and itinerant vendor permit shall be issued with a photo identification card to be issued by the police department. Each permit shall be worn on the outer clothing of the individual or otherwise displayed, as so to be reasonably visible to any person who might be approached by the holder of the permit.
(l) 
Revocation of card by a municipal court judge.
A municipal court judge, in addition to imposing a fine, may institute proceedings to suspend or revoke the permit of a person if the person is required by law to obtain a peddler or itinerant vendor permit from the city and the judge finds the person guilty of violating a city ordinance relating to peddlers.
(m) 
General prohibitions.
No peddler, itinerant vendor, solicitor, or canvasser shall:
(1) 
Enter upon any private property where the property has clearly posted in the front yard, a sign visible from the right-of-way (public or private), indicating a prohibition against peddling, soliciting and or canvassing. Such sign need not exceed one square foot in size and may contain words such as “no soliciting” or “no solicitors” in letters of at least two inches in height.
(2) 
Remain upon any private property where a notice in the form of a sign or sticker is placed upon any door or entrance way leading into the residence or dwelling at which guests would normally enter, which sign contains the words “no soliciting” or “no solicitors” and which is clearly visible to the peddler, solicitor, itinerant vendor or canvasser.
(3) 
Use or attempt to use any entrance other than the front or main entrance to the dwelling, or step from the sidewalk or indicated walkway (where one exists) leading from the right-of-way to the front or main entrance, except by express invitation of the resident or occupant of the property.
(4) 
Remove any yard sign, door or entrance sign that gives notice to such person that the resident or occupant does not invite visitors.
(5) 
Enter upon the property of another except between the hours of 8:00 a.m. and 8:00 p.m., except when the peddler, itinerant vendor, solicitor, or canvasser has an express invitation from the resident or occupant of a dwelling allowing him/her to enter upon any posted property.
(6) 
Solicit for a purpose other than the purpose set out in the application upon which the permit was issued.
(7) 
No displays, wares or goods shall be displayed or offered for sale after 8:00 p.m.
(8) 
Vendors shall remove all signs, displays, goods and wares from each site at or before 8:00 p.m.
(n) 
Solicitation in public right-of-way.
A person may solicit for a charitable or political purpose in or upon the public right-of-way, except those areas prohibited in this article.
(1) 
A person may conduct commercial solicitation in or upon the public right-of-way, except those areas prohibited in this article, if the solicitor has obtained a permit or who is a member of an organization that has obtained a permit.
(2) 
Solicitation for any purpose in the public right-of-way shall be conducted only during the hours of daylight, specifically one-half (1/2) hour after sunrise and one-half (1/2) hour before sunset.
(3) 
It shall be unlawful for a person younger than eighteen (18) years of age to solicit in the public right-of-way.
(4) 
It shall be unlawful for a solicitor at any time to enter or remain in the traveled portion of the roadway unless the solicitor has been granted authorization pursuant to section 552.0071 of chapter 552 of the Texas Transportation Code. The restriction on solicitation in the traveled portion of the roadway does not apply to the public residential streets.
(5) 
It shall be unlawful for a solicitor at any time to enter or remain in the traveled portion of the roadway of residential streets so that their presence impedes the flow of traffic.
(6) 
It shall be unlawful for a person to solicit in the public right-of-way that is within one thousand (1,000) feet of any public or private elementary or secondary school between the hours of 7:30 a.m. and 4:30 p.m. on days when such school is in session. The measurement of the distance shall be made from the nearest property line of the public or private elementary or secondary school.
(o) 
Violation.
Any person violating any part of this section or failing to observe any provision of this article shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine not exceeding five hundred dollars ($500.00). Every day the violation continues shall be deemed as a separate offense.
(Ordinance 2014-36, sec. 2, adopted 7/8/14; Ordinance 2015-04A, sec. 1, adopted 2/10/15; Ordinance 2016-47, sec. 5, adopted 11/8/16; Ordinance 2020-36 adopted 10/27/20)