ARTICLE 5.04 PEDDLERS AND SOLICITORS

It shall be unlawful for any person to attempt or to peddle, sell, solicit, canvass, or take orders for any services, wares, merchandise, or goods, or any article of value, including plants, flowers, paintings, novelties, painting house numbers on streets, firewood, books, magazines, photographs, or any articles for future delivery, on a sidewalk, parking lot or parkway within the city or from door-to-door without having first obtained a permit therefor from the city.

Each person engaged in peddling or soliciting or selling as defined in subsection (a)(1) above must have a permit issued under the terms of this section, and such permit shall be personal to the applicant and shall not be reproduced nor assigned nor transferred to any other person. Any such attempted transfer or reproduction shall render the permit void.

Each permit shall expire as of the date noted thereon, which date shall be in accordance with the provisions of this article, and such permit shall indicate the hours when peddling, solicitation and selling within the city is permitted in accordance with the provisions of this article.

A permit shall not be issued to any person under 14 years of age.

Solicitation shall be deemed completed when made, regardless of whether the person making the solicitation receives any contribution or makes any sale.

(b)

Application for permit; eligibility.

Every person desiring to solicit in the city shall, unless otherwise excepted, apply for a permit as herein provided. Each application for a permit required by this section shall be in writing under oath, notarized, and shall set out the following:

Name of the applicant, with his permanent residence;

Whether the person represents a partnership, corporation or association; and:

(A)

The business address and telephone number of the applicant;

(B)

If a partnership, the names of all partners and the principal business address and telephone number of each partner;

(C)

If a corporation, the person applying shall state whether it is organized under the laws of the state or is a foreign corporation, and must show the mailing address, business location, telephone number, name of the individual in charge of the Jacksboro office of such corporation, and the names and addresses of all officers and directors or trustees of said corporation, and, if a foreign corporation, the place of incorporation;

(D)

If an association, the application shall show the association's principal address and telephone number, if any, and shall show the names and principal business or residence addresses and telephone numbers of all members of the association unless they exceed ten in number, in which case the application shall so state and the person registering may alternatively list the names and principal business or residence addresses and telephone numbers of the officers and directors or trustees of the association. If the association is part of a multi-state organization or association, the mailing address and business locations of its local office;

Name and address of each person to solicit under the permit. The applicant or any agent of the applicant must meet the following criteria:

(A)

Be currently authorized to work full-time in the United States;

(B)

Hold a valid driver's license or identification card issued by the state or the state in which the defendant resides;

(C)

Be able to communicate in the English language;

(D)

Not be afflicted with a physical or mental disease or disability that is likely to endanger the public health or safety;

(E)

Not have been convicted or placed on probation or deferred adjudication for a crime involving:

(i)

Criminal homicide as described in V.T.C.A., Penal Code chapter 19;

(ii)

Kidnapping as described in V.T.C.A., Penal Code chapter 20;

(iii)

A sexual offense as described in V.T.C.A., Penal Code chapter 21;

(iv)

An assaultive offense as described in V.T.C.A., Penal Code chapter 22, other than a class C misdemeanor;

(v)

Robbery as described in V.T.C.A., Penal Code chapter 29;

(vi)

Burglary as described in V.T.C.A., Penal Code chapter 30;

(vii)

Theft as described in V.T.C.A., Penal Code, chapter 31, but only if the violation is punishable as a felony;

(viii)

Fraud as described in V.T.C.A., Penal Code chapter 32;

(ix)

Tampering with a governmental record as described in V.T.C.A., Penal Code chapter 37;

(x)

Public indecency (prostitution or obscenity) as described in V.T.C.A., Penal Code chapter 43;

(xi)

The transfer, carrying, or possession of a weapon in violation of V.T.C.A., Penal Code, chapter 46, but only if the violation is punishable as a felony;

(xii)

A violation of V.T.C.A., Health and Safety Code chapter 483 (dangerous drugs), of the kind that is punishable as a felony;

(xiii)

A violation of the Controlled Substances Act, V.T.C.A., Health and Safety Code chapter 481, that is punishable as a felony; or

(xiv)

Criminal attempt to commit any of the offenses listed in subsections (i) through (xiii) of this subsection;

(F)

Not be addicted to the use of alcohol or narcotics;

(G)

Be subject to no outstanding warrants of arrest;

The names, mailing address and telephone number of all individuals who will be in direct charge or control of the solicitation of funds;

The kind, type and character of goods or services he proposes to offer for sale, including the name brand, manufacturer and distributor of goods and commodities and the name, publisher and distributor of all books, magazines or periodicals to be offered for sale;

(6)

Names and addresses of five persons as references, excluding relatives and persons living with the applicant;

(7)

How often the applicant will solicit during the year;

(8)

The time period within which the solicitation of funds is to be made, giving the date of the beginning of solicitation and its projected conclusion;

(9)

A description of the methods and means by which the solicitation of funds is to be accomplished;

(10)

The names of any cities where the applicant has worked within the previous six months;

(11)

State driver's license number or a state approved identification card number of the applicant and each solicitor.

(c)

Attachments to application.

In addition, there shall be attached to each application for a permit the following:

Photographs.

Two recent photographic likenesses of the applicant's face, and any solicitor soliciting under said permit, which photographs shall not exceed one inch square in size.

Employment verification.

A certificate or letter from the president, vice-president, general manager, sales manager, assistant sales manager or district or area manager of the company for which the applicant works, sells or solicits stating that the applicant is an employee and/or agent of such company.

Letters of recommendation.

In the event the applicant is an individual who is not canvassing, selling or soliciting for any firm or company, letters of recommendation from two citizens of the applicant's permanent residence shall be submitted.

Sales tax permit.

Proof of a sales tax permit issued by the state or proof that the goods sold are not subject to such sales tax.

Property owner permission.

An itinerant merchant who makes application to offer his goods for sale upon private property shall provide written proof that he has permission to use such property from the owner or the owner's agent.

(d)

Application fee.

The application shall be accompanied by a fee as set forth in the fee schedule in appendix A of this code for the original solicitor or applicant, plus a fee as set forth in the fee schedule for each additional solicitor, for the investigation and administration of the provisions of this article.

(e)

Investigation of applicant.

It shall be the duty of the city manager to designate a city employee to investigate each applicant, and all other persons listed on the application, before issuance of a permit, which investigation may include yet is not necessarily limited to personal interviews with named individuals, criminal history checks, verification of references and information contained within the application.

(f)

Issuance of permit.

It shall be the duty of the city manager to designate a city employee to issue or refuse to issue such permit not earlier than five days or later than two weeks from the time the application is received by him. All the permits shall expire within 90 days from the date of issuance. The city manager or his authorized designee may refuse to grant a permit if he discovers, in the course of his investigation, that the applicant, or any solicitor, has committed fraud or misrepresentation, has been convicted of a felony or a misdemeanor involving moral turpitude, or has failed to furnish items required by this article in the permit application. An expired permit may be renewed under the same terms and conditions as the original application and subject to the same fees.

(g)

Form of permit.

Each permit shall be printed in black except that the following shall be printed prominently thereon in red: "The issuance of the permit is not an endorsement by the city or any of its officers or employees." Each permit shall bear a permit number which is the same as the file containing the application filed by the applicant.

(h)

Display of permit.

It shall be unlawful for any person to sell or solicit in the city without displaying the permit required by this section on his person, in plain view, while engaged in such soliciting or selling.

(i)

Identification as salesperson and exhibition of permit.

Every solicitor, peddler or seller shall identify himself as a salesperson upon approaching a citizen in a public place or at a private dwelling and explain his purpose, whether it be direct sales, solicitation or orders or the demonstration of goods or merchandise, or any combination of purposes thereof, and shall produce for inspection, upon request by any person, the solicitor's permit issued by this city.

(j)

Responsibility for acts of representatives.

The recipient of a permit or named applicant shall be responsible for the acts of his or her authorized representatives or solicitors listed in the permit application in connection with solicitation activities. In this regard, the recipient of the permit shall actively supervise all persons listed in the permit application, which supervision shall include yet not be limited to remaining within the corporate city limits during all solicitation activity and responding promptly (within ten minutes) to calls by city representatives relative to solicitation activity which may include responding to an on-site complaint from a citizen.

(k)

Revocation of permit.

If, after the permit required by this section has been issued, the city manager, or his authorized designee, finds that the permit was obtained by false representation in the application, or the permit has been reproduced or transferred or assigned to another person or the applicant has led someone to believe the permit is an endorsement of the applicant's product or service by the city, or in the event of fraud or misrepresentation by the permit holder, or in the event of conviction of the permit holder of a felony or a misdemeanor involving moral turpitude, or in the event the permit holder has failed to furnish the items required by this article, such permit may be revoked by the city manager or his authorized designee.

If a police officer has probable cause to believe that a solicitor has engaged in prohibited conduct as defined by this article, the officer may revoke the permit of the permit holder.

If more than one complaint of misconduct by a solicitor or group of solicitors working for the same entity is received, the permit may be immediately revoked by the city.

(l)

Appeals; reapplication after denial or revocation.

Should an applicant be denied a permit, or have a permit revoked, he may appeal that action to the city manager by submitting a letter within ten days to complain of that action. A hearing of the denial will then be scheduled by the city manager within ten days of filing the appeal. The city manager will render a decision on the appeal within ten days of such hearing. A decision of the city manager shall be final and binding. No new application for a permit will be considered for six months after denial or revocation, unless said denial or revocation is without prejudice or is conditional and the conditions have been satisfied as determined by the city manager.

(m)

Exemptions; registration requirements.

The following persons engaged in the activities set out in subsections (A) through (C) below in the city shall first register with the city manager, or designee, in accordance with the provisions of this article and by furnishing proof that he is actually engaged in such activity in the city, and the city manager, or designee, shall issue to such person a registration certificate exempting him from the terms and conditions of this section and from paying a fee therefor, namely:

(A)

Public utility companies or others operating under a franchise granted by the city;

(B)

Commercial agents dealing with local business establishments in the usual course of business; and

(C)

Insurance salesmen, real estate salesmen and others licensed by the state, and political groups or organizations who are subject to financial disclosure under state or federal law.

Before engaging in any solicitation, the persons listed above must obtain a registration certificate from the city manager, or designee, and exhibit the same to any person who requests such identification. It shall be a violation of this article for any person to fail to obtain such a registration certificate prior to engaging in solicitation and to fail to bring and exhibit the same upon request.

Solicitations related to children's activities, including yet not limited to Boy Scouts, Girl Scouts and Big Brothers and Sisters, may involve children under the age of 14. Children under the age of 14 may participate in such activities to the extent they are actively supervised by a parent, guardian or other adult person, at least 18 years of age, who is responsible for the well-being of the child. These organizations need not register with the city or pay a permit fee.

Religious, political or nonprofit organizations and their representatives distributing handbills or pamphlets only for the purpose of communicating issues of general interest to the public need not register with the city or pay a permit fee. A donation received from the distribution of handbills or pamphlets does not affect this exemption.

§ 5.04.004 Prohibited locations, activities and conduct.

Ordinary commercial travelers who sell or exhibit for sale goods, wares or merchandise to persons selling or dealing in the same within the city.

(n)

Bond.

Each person engaging in solicitation activities requiring cash deposits or taking orders on delivery purchases (COD) or who requires a contract of agreement to finance the sale of any goods, services or merchandise for future delivery, or for services to be performed in the future, shall furnish to the city a cash bond in the amount of $5,000.00, naming the applicant for the permit as principal. The bond shall be in full force and effect for one year from the date of issuance of the permit, unless otherwise extended by demand of the city due to the revocation of the permit, or an anticipated delivery date beyond 12 months, in order to protect the citizens of the city from potential losses associated with such solicitations.

(Ordinance O-04-03 adopted 2/11/2003; Ordinance O-04-18 adopted 3/12/2018; 1997 Code, sec. 113.03; Ordinance adopting 2023 Code)

(a)

It shall be unlawful for any person to peddle, solicit, hawk, sell or take orders for or offer to take orders for any item or service in the following places in the city:

On any public street, alley, traffic island or right-of-way; or

At any residence exhibiting in a conspicuous place upon or near the main entrance to the residence a sign containing the words "No Solicitors." The letters shall be not less than two-thirds of an inch in height and should be displayed on a weather-proof card not less than three inches by four inches in size.

(b)

It shall be unlawful for any person to block or obstruct or hinder the free flow of traffic in the lawful use of the street or free passage of pedestrians in the lawful use of the sidewalk. No solicitations, sales, or distribution of merchandise, products, or service shall be offered or made to occupants of motor vehicles moving or stopping in traffic on a public street or alley.

(c)

It shall be unlawful for a person engaged in solicitation to:

Misrepresent the purpose of the solicitation or solicit funds for a purpose other than that set out in the registration statement or application upon which the permit was issued;

Misrepresent the affiliation of those engaged in the solicitation;

Continue efforts to solicit from an individual once that individual informs the solicitor that he does not wish to give anything to or buy anything from that solicitor;

Represent the issuance of any permit or registration under this article as an endorsement or recommendation of the solicitation by the city;