Peddler, itinerant vendor, itinerant merchant, or solicitor.
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.
Special event.
An activity which makes a significant contribution to the
cultural, economic, or social welfare of the city, is sponsored or
organized by the city or nonprofit organization, is held at a particular
time and location, and is for the purpose of the sale or distribution
of services or goods on public or private property.
(Ordinance O-051016-C adopted 5/10/16)
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
to leave such premises by the owner or possessor of such premises
or his agent.
(Ordinance O-051016-C adopted 5/10/16)
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.
(Ordinance O-051016-C adopted 5/10/16)
It shall be unlawful for any peddler, itinerant vendor, or solicitor
to engage in the business of peddling at any time between sunset and
30 minutes after sunrise, except when the peddler, itinerant vendor,
or solicitor has specific invitation and an appointment with the customer.
(Ordinance O-051016-C adopted 5/10/16)
It shall be unlawful for any peddler/solicitor to solicit funds
or contributions, to advertise, or to distribute any item, either
on foot or in automobiles, for any cause whatsoever, in or within
10 feet of any roadway or crossing of streets within the city limits.
(Ordinance O-051016-C adopted 5/10/16)
It shall be unlawful for any peddler to make false, misleading
or fraudulent statements concerning the quality or nature of his goods,
wares, merchandise or services for the purpose of inducing another
to purchase the same.
(Ordinance O-051016-C adopted 5/10/16)
In addition to securing a city permit, all prepared food vendors
shall comply with the state food handler’s regulations. As it
is related to this article, flavored ice and drink vendors are considered
food vendors.
(Ordinance O-051016-C adopted 5/10/16)
All peddlers requiring a permit, are required under this article
to produce a current and valid sales tax certificate upon request.
(Ordinance O-051016-C adopted 5/10/16)
The city council may issue a blanket peddler/vendor permit to
a property/business owner which is set up for the primary purpose
of selling fruits, vegetables, or farm products which were produced
on land within the state. The person owning and managing the property
granting such permission, along with the peddler, will be collectively
and individually responsible for compliance with the adopted zoning
codes, as well as, all other regulatory provisions of the city or
state. No other individual vendor permits or temporary sales permits
will be required nor will the standards of this article apply.
(Ordinance O-051016-C adopted 5/10/16)
It shall be unlawful for any peddler to enter upon any private
premises when such premises are posted with a sign stating “no
peddlers allowed” or “no solicitations allowed”
or other words to such effect.
(Ordinance O-051016-C adopted 5/10/16)
Any peddler who enters upon premises owned, leased or rented
by another and refuses to leave such premises, after having been notified
by the owner or occupant of such premises, shall be deemed guilty
of a misdemeanor.
(Ordinance O-051016-C adopted 5/10/16)
(a) Permit required.
No itinerant vendor/hawker may intermittently
occupy any privately owned property for the purpose of operating a
temporary business within the city without having previously obtained
a temporary sales permit from the city. The applicant must have such
permit within his or her personal possession during the time that
the temporary business is in operation and must display the permit
in such a manner that it is clearly visible from the abutting street.
(b) Permit fee.
Prior to the issuance of a permit, the applicant must pay the city a permit fee in the amount as prescribed in the fee schedule in appendix
A of this code. This fee includes fees associated with investigations. The city will not require payment of this permit fee by locally based charitable organizations or organizations engaged in activities such as bake sales or carwashes.
(c) Permit duration.
A permit requested under this article
will be issued for a period of no more than 72 consecutive business
hours and shall not be issued more frequently than every 90 days to
the same applicant or business property. This provision shall not
apply to an existing business governed by the zoning ordinance. This
provision shall also not apply to special events or related use approved
by city council.
(d) Requirements for permit issuance.
The city shall only
issue a permit if the applicant has complied with the following requirements:
(1) The itinerant vendor must conduct his business on the property in
a manner that does not violate any code of the city, including all
zoning, building, and health codes. The city will exempt an itinerant
vendor from zoning provisions where the proposed location of the temporary
business is an improved property that contains an active nonprofit
institutional use, such as a church or school;
(2) The itinerant vendor must possess a valid state sales tax certificate
or proof of a tax exemption;
(3) The itinerant vendor must provide the city with a copy of either
a lease or written permission from the owner of the private property
showing that the itinerant vendor may use the property;
(4) The itinerant vendor must submit a dimensioned or scaled site plan
indicating the location of the display area, curb cuts, and parking
area. The city requires all parking on an all-weather surfaced area
and it may not take up any required parking spaces of the permanent
business;
(5) If the sale involves food products, the itinerant vendor must obtain
all the necessary health permits; and
(6) Due to traffic safety concerns, no permit shall issue hereunder for
locations along State Highway 31.
(e) Any
property with a pre-existing vendor prior to the date of this article
may continue to operate as a legal nonconforming use without conforming
to this article. However, if the vendor is not in operation more than
8 consecutive months the legal nonconforming use ceases.
(Ordinance O-051016-C adopted 5/10/16)
It shall be unlawful for any person, partnership, firm, or corporation,
as outlined in division 1 above, 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
after being approved by the police chief or his designee.
(Ordinance O-051016-C adopted 5/10/16)
(a) Any
person desiring to obtain a permit as required by this article shall
make written application to the city. 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, robbery, 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:
(1) A recent photographic likeness of the applicant’s face as well
as any person(s) working with the applicant; and
(2) Satisfactory proof that the applicant represents the company or individual
he purports to represent.
(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 for a period of 24 hours.
(Ordinance O-051016-C adopted 5/10/16)
(a) If
the application shows the applicant is to take orders for future delivery,
he shall give a 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 purchasers or customers
for any and all defects in material or workmanship that may exist
in the article sold by the principal in such bond, at the time of
delivery, that may be discovered by such purchaser or customer within
30 days after delivery. Such bond shall be in the sum of not less
than $1,000.00 and shall remain in full force and effect for the entire
duration of the license or 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.
(Ordinance O-051016-C adopted 5/10/16)
It shall be the duty of the police chief or his designee to
investigate each person that has made an application for a permit.
It shall be unlawful for any person to give any false or misleading
information in connection with his application for a permit required
by this article.
(Ordinance O-051016-C adopted 5/10/16)
Upon completion of the investigation and clearing by the police
chief or his designee, the city shall issue or refuse to issue a permit.
All permits issued shall be valid for a period of 14 days, 30 days
or 72 consecutive business hours which ever apply, unless sooner revoked.
(Ordinance O-051016-C adopted 5/10/16)
Each applicant for a permit under this article shall be charged a permit fee as prescribed in section
A4.003 of the fee schedule (appendix
A of this code). Such fee shall be paid by the person desiring such permit and is 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 any bona fide charitable, religious, educational, or philanthropic organization, or persons engaged in interstate commerce, a commercial business with an established store front within the incorporated city limits, or any permanent resident of the city. 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 this city in the fulfillment of such orders.
(Ordinance O-2019-0409-A adopted 4/9/19)
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 on 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. 113.01)
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. 113.01)
No permit issued under this article shall be transferable or
assignable nor give authority to more than one 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 or more
persons in conducting such business.
(2001 Code, sec. 113.01)
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 or the general
public;
(2) Daily
deliveries of milk, bakery, and other food products, liquor deliveries,
or newspaper deliveries to businesses or residences;
(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;
(4) Special
events, solicitations, sales or distributions made for noncommercial
purposes by local government, charitable, educational, or religious
nonprofit organizations shall not be required to obtain a permit;
and
(5) Any
individual soliciting or peddling for a philanthropic, charitable,
political or religious organization.
(2001 Code, sec. 113.01)
Any person who violates this article or part thereof shall be
guilty of a misdemeanor and upon conviction thereof, shall be punishable
by a fine of not less than $50.00 or more than $200.00 for each offense.
(2001 Code, sec. 113.01)