This article is and shall be deemed an exercise of the police powers of the state and of the city for the public safety, comfort, convenience, and protection of the city and the citizens thereof, and all of the provisions of this article shall be constructed for the accomplishment of that purpose.
(1996 Code, sec. 4.101)
Charitable purpose.
The solicitation of money or property, directly or indirectly, for the benefit of a charity or philanthropy, or for the poor, underprivileged, needy, crippled, or handicapped persons, the teaching of patriotism or assistance to veterans or veterans’ organizations, or the existing educational institutions, or for the establishment or endowment of educational institutions.
Consumer.
An individual who acquires real or personal property, services, money, or credit for personal or family purposes.
Parkway.
The area between the edge of the designated street and the adjacent owner’s property line.
Peddler, solicitor, and person.
Any individual, firm, company, partnership, corporation, society, religious sect, organization, or league, and includes any trustee, receiver, assignee, agent, or similar representative.
Religious organization.
An organization that is dedicated to the support of a church, religious society, or any other religious sect, group, or order.
Sidewalk.
Any surface provided for the exclusive use of pedestrians.
Solicitation.
Conduct whereby a person, organization, society, corporation, or its agent, member, or representative solicits property, financial aid, gifts and money, or any article representing monetary value; or sells or offers to sell a product, article, tag, service, publication, ticket, advertisement, or subscription.
Street.
The portion of the street which is generally paved, designated, or used for vehicular traffic, and all areas dedicated to public use for public street purposes, which includes parkways, alleys, and sidewalks.
Traffic island.
A barrier within a street or roadway to exclude vehicles, designated for the purpose of separating or directing streams of vehicular traffic.
(1996 Code, sec. 4.102)
(a) 
It shall be unlawful for any person to peddle, solicit, beg, panhandle, hawk or sell, or take orders for or offer to take orders for any item or service, in the following places in the city:
(1) 
On any crosswalk, roadway, shoulder, private road or driveway, or from any sidewalk, median, crosswalk, or shoulder, to peddle, solicit, beg, hawk, sell or take orders for any item or service from any person in a motor vehicle in or on any such roadway, private road or driveway. All the terms used in this section shall have the definitions given them in the Texas Transportation Code, section 541.302;
(2) 
As to begging or panhandling, in any residentially zoned area;
(3) 
Any residence which shall exhibit in a conspicuous place upon or near the main entrance to the residence a weatherproof card, not less than three (3) inches by four (4) inches in size, containing the words “NO SOLICITORS.” The letters shall not be less than two-thirds (2/3) of an inch in height.
(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 stopped in traffic on a public street or alley.
(1996 Code, sec. 4.104)
(a) 
The merchant, peddler, or seller shall provide to the consumer in writing the right to cancel a solicitation transaction made in person or by telephone in which the consideration exceeds five dollars ($5.00), until midnight of the third business day after the day on which the consumer signs an agreement or offer to purchase in a solicitation transaction. For purposes of a telephone solicitation, date of transaction means the day that the consumer receives the goods, services, or realty purchased in a solicitation transaction.
(b) 
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.
(c) 
It shall be unlawful for a merchant, peddler, or seller to refuse to allow the customer to cancel the solicitation transaction.
(1996 Code, sec. 4.106)
(a) 
It shall be unlawful for any person 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 or parkway within the city or from door to door, without having first obtained a permit therefor from the city.
(b) 
Each person engaged in peddling or soliciting or selling as defined in subsection (a) above must have a permit issued under the terms of this division, 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.
(c) 
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.
(d) 
A permit shall not be issued to any person under fourteen (14) years of age.
(e) 
Solicitation shall be deemed completed when made, regardless of whether or not the person making the solicitation receives any contribution or makes any sale as defined herein.
(1996 Code, sec. 4.103(a))
Each application for a permit required by this division shall be in writing, under oath, and shall set out the following:
(1) 
Name of the applicant, with his permanent residence;
(2) 
Name and address of the firm or persons he represents;
(3) 
The kind, type and character of goods or services he proposes to offer for sale. Included shall be the brand name, manufacturer and distributor of goods and commodities and the name, publisher and distributor of all books, magazines or periodicals to be offered for sale;
(4) 
Names and addresses of five (5) persons as references, excluding relatives and persons living with the applicant;
(5) 
How often the applicant will solicit during the year;
(6) 
The names of any cities where the applicant has worked within the previous thirty (30) days;
(7) 
Whether or not the applicant has ever been arrested or convicted of a felony or a misdemeanor involving moral turpitude, including dates of all arrests, arresting agency, and final disposition for each, and the applicant shall furnish with his application a certified copy of the judgment of conviction, dismissal, or acquittal, or other disposition of each case;
(8) 
State driver’s license number or a state-approved identification card number;
(9) 
Social security number.
(1996 Code, sec. 4.103(b))
In addition, there shall be attached to each application for a permit the following:
(1) 
Two (2) recent photographic likenesses of the applicant’s face, which photographs shall not exceed one (1) inch square in size.
(2) 
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.
(3) 
A reference to a recognized financial rating publication, which reference shall show the page on which the company’s or firm’s financial standing can be found; or a letter or a certificate from an association or organization which has as its purpose the protection of citizens of the United States against illegal or unsavory business practices stating that the firm or company is a member in good standing of such association or organization.
(4) 
In the event that the applicant is an individual who is not canvassing, selling or soliciting for any firm or company, letters of recommendation from two (2) citizens of the applicant’s permanent residence shall be submitted.
(1996 Code, sec. 4.103(c))
A fee for investigation shall be charged, which shall not be prorated and shall be paid at the time the application is made and shall not be returned to the applicant, regardless of whether a permit is issued or not.
(1996 Code, sec. 4.103(d))
It shall be the duty of the chief of police to issue or refuse to issue such permit within a reasonable time after the receipt of an application. All the permits shall expire within ninety (90) days from the date of issuance. The chief of police may refuse to grant a permit if he discovers, in the course of his investigation, that the applicant has committed fraud or misrepresentation, has been convicted of a felony or misdemeanor involving moral turpitude, or has failed to furnish items required by this article in his permit application. The chief of police may also deny a permit if the applicant is wanted by another governmental agency in Texas or another state by an outstanding warrant issued for any offense that is above a misdemeanor punishable by fine only.
(1996 Code, sec. 4.103(f))
It shall be unlawful for any person to sell or solicit in the city without carrying the permit required by this division on his person while engaged in such soliciting or selling.
(1996 Code, sec. 4.103(g))
Every solicitor or peddler or seller shall identify himself as a salesman 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 of 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 the city.
(1996 Code, sec. 4.103(h))
If, after the permit required by this division has been issued, the chief of police 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 chief of police.
(1996 Code, sec. 4.103(i))
If the chief of police refuses to issue the permit required by this division, the applicant shall have the right to appeal to the city council. Such appeal, if taken, must be in writing addressed to the city commission and filed with the city manager within ten (10) days from the date of refusal. The same procedure of appeal shall apply also to permits revoked under section 4.02.049 above. The city council shall hold an open public hearing on such appeal, at either a regular or special meeting, after furnishing notice of such hearing to the applicant.
(1996 Code, sec. 4.103(j))
(a) 
The following persons engaged in the activities set out in subsections (1) through (7) below in the city shall first register with the chief of police by filling out a form to be promulgated by the chief of police 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 chief of police shall issue to such person a registration certificate exempting him from the terms and conditions of this division and from paying a fee therefor, namely:
(1) 
Persons engaged in interstate commerce;
(2) 
Persons with religious organizations engaged in the sale of religious literature or in soliciting for subscriptions for religious purposes, including religious newspapers, books and magazines;
(3) 
Persons seeking a contribution for a charitable purpose as provided by the definition of “charitable purpose” in section 4.02.002 hereof;
(4) 
Other nonprofit organizations seeking charitable contributions, such as Multiple Sclerosis, American Heart Association, Muscular Dystrophy, American Cancer Society, Boy Scouts of America, etc.;
(5) 
Public utility companies operating under a franchise granted by the city;
(6) 
Commercial agents or drummers dealing with local business establishments in the usual course of business; and
(7) 
Insurance salesmen, real estate salesmen and others licensed by the state.
(b) 
Before making any solicitation, the persons listed above must obtain the registration certificate provided above from the chief of police and exhibit the same to any person who requests such identification.
(1996 Code, sec. 4.103(k))