For the purpose of this division the following terms shall have the following meanings:
Distributor.
Any person who attempts only to distribute handbills, advertising flyer, or printed information pertinent to political, religious, or other community issues. Distributor may not knock on doors or attempt to make face-to-face contact with citizens.
Peddler.
Any person who engages in commercial activities within the city limits by carrying goods or merchandise and selling or offering for sale for immediate delivery such goods or merchandise from door-to-door.
Solicitor.
Any person who solicits or attempts to solicit, from door-to-door, funds or orders for services, commercial goods, wares, merchandise, subscriptions or publications to be delivered at a future date or time.
(Ordinance O-14-06-19-7B1 adopted 6/19/14)
(a) 
Any person who violates or fails to comply with the provisions of any section of this article is guilty of a class “C” misdemeanor and upon conviction shall be punishable by a fine as provided in the general penalty, section 1.01.009 of this code.
(b) 
Any peddler or solicitor who enters upon property owned, leased, or controlled by another and willfully refuses to leave the property, after receiving notification to leave from the owner, leaser, or person controlling the property, shall be guilty of a misdemeanor criminal trespass and upon conviction shall be fined as provided in the Texas Penal Code.
(Ordinance O-14-06-19-7B1 adopted 6/19/14)
(a) 
No peddler or solicitor may conduct activities defined in this article, without prior invitation or appointment with the occupant of the premises, before 9:00 a.m. and after 8:00 p.m. on any day.
(b) 
No peddler or solicitor may peddle or solicit in the public streets or from medians in the streets, within the city limits, or in any way block, obstruct, or unduly hinder passage on public streets within the city limits.
(Ordinance O-14-06-19-7B1 adopted 6/19/14)
Any peddler or solicitor who conducts or attempts to conduct business at a place where a sign clearly indicates that solicitors or peddlers are unwelcome is in violation of this division.
(Ordinance O-14-06-19-7B1 adopted 6/19/14)
Except as provided under permit exemptions, it shall be unlawful for any peddler or solicitor to engage in business as defined in this article within the incorporated city limits without first obtaining a permit from the city.
(Ordinance O-14-06-19-7B1 adopted 6/19/14)
(a) 
The following are excluded from permitting provisions:
(1) 
Persons distributing nonprofit pamphlets, handbills, or other printed material for the purpose of disseminating news or other information of public interest;
(2) 
Persons conducting fundraising activities for local nonprofit organizations, qualified civic organizations, or educational institutions;
(3) 
Persons conducting proselytizing activities or distributing religious material or literature;
(4) 
Persons engaged in a business or activity regulated under the exclusive authority of the state or federal government;
(5) 
Persons engaged in business activity and going to a house or business at the express invitation of the occupant or owner of such house or business.
(6) 
Canvassers who attempt only to distribute not for profit handbills or to solicit political support or to determine opinions or sentiments.
(b) 
Persons who are exempt from the permitting requirements are encouraged to notify the city of the approximate dates of the door-to-door activities, and the areas in which they will be working.
(Ordinance O-14-06-19-7B1 adopted 6/19/14)
(a) 
Any peddler or solicitor desiring to engage in activities as a peddler or solicitor within the city must file a written application for permit with the city manager of his/her designee, each applicant shall provide the following information:
(1) 
Applicant’s name, telephone number, home address, birth date, physical description, finger or thumbprint, criminal history check from the Texas Department of Public Safety, and either: Driver’s license number and state, or government issued picture identification card;
(2) 
A complete department of public safety (DPS) criminal history, issued within ninety (90) days of the date of application, for the applicant and each individual involved in the peddling or solicitation campaign.
(3) 
For each individual involved in the peddling or solicitation campaign: name, telephone number, address, birth date, physical description, and either: Driver’s license number and state, or government issued picture identification card;
(4) 
If the applicant is peddling or making solicitations for any commercial, charitable or political organization, the name, telephone number and address of such organization;
(5) 
Full and complete list of goods to be sold and/or services to be delivered;
(6) 
Description (year, make, model, color and type) and license plate number and state of all vehicles to be used in soliciting and peddling;
(7) 
A copy of the applicant’s state limited sales and use tax permit.
(b) 
Applicant must provide original identifying documents to the city manager of his/her designee upon request.
(Ordinance O-14-06-19-7B1 adopted 6/19/14)
(a) 
All peddlers and solicitors not exempted by this article shall pay a permit fee to the city as provided in the fee schedule in appendix A of this code for each person permitted.
(b) 
All distributors not exempted by this article shall pay a permit fee to the city as provided in the fee schedule in appendix A of this code for any individual or any group of individuals.
(Ordinance O-14-06-19-7B1 adopted 6/19/14)
The following are exempt from the permit fee:
(1) 
Any individual soliciting or peddling for a philanthropic, charitable, political or religious organization.
(Ordinance O-14-06-19-7B1 adopted 6/19/14)
(a) 
A copy of the application for permit will be referred to the city police services department who will undertake an investigation of the applicant’s record and background, such as shall be reasonably necessary to protect the public. An application for permit under this article may be denied where:
(1) 
Required application information is incomplete or incorrect.
(2) 
Applicant is currently wanted on warrant for arrest.
(3) 
Applicant has been convicted of any offense reportable by the city to the Texas Department of Public Safety or the Federal Bureau of Investigation under “Index Crimes” part I or other law enforcement reporting system (e.g. murder, nonnegligent manslaughter, sexual assault, aggravated assault, robbery, burglary, theft, and motor vehicle theft).
(b) 
If the city manager denies a permit, applicant may appeal this decision in writing to the city council, which may affirm, modify or reverse the decision of the city manager.
(Ordinance O-14-06-19-7B1 adopted 6/19/14)
(a) 
If the city manager finds that the application is completed and in conformance with the provisions of this article, a permit shall be issued within ten (10) working days. Each permit will be valid for thirty (30) days from date of issue.
(b) 
Only those peddlers or solicitors whose names are listed on the approved application may conduct business under the issued permit. If any new peddlers or solicitors join the campaign after the original permit is issued, they must supply updated personal information required in the original application to the city manager.
(Ordinance O-14-06-19-7B1 adopted 6/19/14)
Each peddler, solicitor, and distributor will prominently display his/her permit at all times while engaging in business in the city.
(Ordinance O-14-06-19-7B1 adopted 6/19/14)
Permits issued under the provisions of this article are not transferable in any situation and will be clearly marked “not transferable.”
(Ordinance O-14-06-19-7B1 adopted 6/19/14)
(a) 
The city manager or his/her designee may, upon documented complaint or violation of law, suspend and confiscate a permit issued under this article.
(b) 
Peddlers and solicitors whose permits are suspended have three business days during which to request an administrative review of the suspension. If request for administrative review is not made within three working days, the permit is revoked.
(Ordinance O-14-06-19-7B1 adopted 6/19/14)
(a) 
Upon request, the city manager shall provide the revoked peddler or solicitor with written notice containing particulars of any and all complaints against him/her, and the time, date and place for an administrative review of the suspension.
(b) 
The city manager will conduct an administrative review to determine whether the permit shall be restored or revoked.
(c) 
After notice and review, the city manager may revoke any permit issued under this article for the following reasons:
(1) 
Fraudulent statements, omissions on permit application or in conduct of permitted business;
(2) 
Violation of law;
(3) 
Endangerment of public welfare, health or safety.
(d) 
If the city manager revokes a permit, applicant may appeal this decision in writing to the city council, which may affirm, modify, or reverse the decision of the city manager.
(e) 
Revocation of a permit shall bar the peddler or solicitor from eligibility for any person under this article for a period of one year.
(Ordinance O-14-06-19-7B1 adopted 6/19/14)
Each itinerant vendor’s or peddler’s permit issued under the authority of this article shall be valid for the period of anticipated use of the applicant, but not to exceed ten (10) days for itinerant vendors, one hundred eighty (180) days for itinerant vendors operating out of a motor vehicle or trailer, as defined by the Texas Transportation Code, within the designated vendor zone within the historic overlay district, and ninety (90) days for peddlers from the date it is issued, or until revoked under the provisions of this article.
(Ordinance O-14-06-19-7B1 adopted 6/19/14)