The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this article except where the context clearly indicates a different meaning:
Business Day.
Means any calendar day except Saturday, Sunday or any state or national holiday.
Charitable Purpose.
Means philanthropic, religious or other nonprofit objections, including the benefit of poor, needy, sick, refugees or handicapped person; the benefit of any church or religious society, sect, group or order; the benefit of a patriotic or veterans' association or organization; the benefit of any fraternal, social or civic organization, or the benefit of any educational institution. "Charitable purpose" shall be construed to include the direct benefit of the individual making the solicitation. "Charitable purpose" shall not be construed to include the benefit of any political group or political organization which is subject to financial disclosure under state or federal law.
Consumer.
Means an individual who seeks or acquires real or personal property, services, money or credit for personal, family or household purposes.
Consumer Transaction.
Means a sales transaction in which one or more of the parties is a consumer.
Goods.
Means property of every kind.
Handbill.
Means any printed matter, sample, or device, circular, flyer, leaflet, pamphlet, paper, booklet, samples of merchandise, or any advertising matter which is not delivered by the United States mail, which is predominantly and essentially an advertisement and is distributed or circulated for advertising purposes or for private benefit or gain.
Home Solicitation Transaction.
Means a consumer transaction for the purpose of goods, services or realty, payable in installments or in cash, in which the merchant engages in a personal solicitation of the sale to the consumer at a residence, and the consumer's agreement or offer to purchase is given at the residence to the merchant. A home solicitation shall not include a sale made pursuant to a preexisting revolving charge account or retail charge agreement; or a sale made pursuant to prior negotiations between the parties that have business establishments at a fixed location where goods or services are offered or exhibited for sale; or a sale of realty in which transaction the purchaser is represented by a licensed attorney or in which the transaction is being negotiated by a licensed real estate broker.
Merchant.
Means a party to a consumer transaction other than a consumer.
Person.
Means an individual, corporation, trust, partnership, association or any other legal entity.
Public Place.
Means any property open or devoted to public use.*
Public Property.
Means:
(1) 
Any property open or devoted to public use or owned by the city; and
(2) 
Any area dedicated to the public use for sidewalk, street, highway, or other transportation purposes, including, but not limited to, any curb, median, parkway, shoulder, sidewalk, alley, drive, or public right-of-way.
Public Right-of-Way.
Means the area that is within ten (10) feet of the curbline. In absence of a curbline, the area within ten (10) feet of the shoulder of a road or highway. Right-of-way also includes the travel portion of the roadway and all traffic medians.
Residence.
Means any separate living unit occupied for residential purposes by one or more persons contained within any type of building or structure.
Roadway.
Means the portion of a highway, other than the berm or shoulder, that is improved, designed, or ordinarily used for vehicular travel. If a highway includes at least two separate roadways, the term applies to each roadway separately.
Solicit Funds or Solicitation of Funds.
Means any request for money, property or anything of value, or the sale of anything of value; or the selling or offering for sale of any property, real or personal, tangible or intangible, whether of value or not, including, but not limited to, goods, books, pamphlets, tickets, publications, or subscriptions to publications. Expressly excluded from the meaning of “solicit funds” or “solicitation of funds” is any offer of membership in any organization. A solicitation of funds is complete when the solicitation is communicated to any individual then located within the corporate limits of the city.
Solicitation or Soliciting or Solicited or Any Action Form of the Word “Solicit”.
Means the act of asking, begging, pleading or in any other such manner, communicate, whether orally, by written, and/or printed material, hand signing or by any other method, direct or implied, by an individual or group of individuals for the purpose of receiving or obtaining money, alms, gifts or items of value, real or intrinsic for said individual, for said group of individuals or a for-profit organization or a non-profit organization; individual; person or more than one person; organization; couple; family; relationship; joint venture; joint-stock company; partnership; club; company; corporation; business trust; establishment; religious institution or religion; association, or the like or chapter or affiliate thereof, for the purposes of giving, use, sustenance, purchase, barter or any other such form.
Sunset.
Means the time of day published on the weather page of the Dallas Morning News as a time for sunset on the day in the City of Dallas, Texas.
Vehicle.
Means a device that can be used to transport or draw persons or property on a highway. The term does not include:
(1) 
A device exclusively used on stationary rails or tracks; or
(2) 
Manufactured housing as that term is defined by chapter 1201, Texas Occupations Code.
(1995 Code of Ordinances, Chapter 4, Article 4.500, Section 4.501; Ordinance 1490-02 adopted 8/20/02; Ordinance 1894-11 adopted 9/20/11)
The provisions of this article do not apply to public utility companies or others operating under franchises granted by the city, nor to insurance salespersons, real estate salespersons, and others licensed by the state.
(1995 Code of Ordinances, Chapter 4, Article 4.500, Section 4.502)
It shall be unlawful for any person to solicit funds or go upon any residential premises and ring the doorbell, or rap or knock upon the door, or create any sound in a manner calculated to attract the attention of the occupant of the residence for the purpose of engaging in or attempting to engage in a home solicitation or to distribute samples of merchandise in the city:
(1) 
before 9:00 a.m. or after 30 minutes following sunset of any day, Monday through Saturday;
(2) 
anytime on a Sunday, New Year's Day, Memorial Day, July Fourth, Labor Day, Thanksgiving Day, or Christmas Day.
(3) 
Section 4.403 shall not apply to a visit to the premises as a result of a request or an appointment by the occupant.
(1995 Code of Ordinances, Chapter 4, Article 4.500, Section 4.503)
(a) 
A person, desiring that no merchant or other person engage in a home solicitation or place handbills or other advertisement at his residence, or business shall exhibit in a conspicuous place upon or near the main entrance, a weather-proof card, not less than 3" x 4" in size, containing the words "NO SOLICITORS." The letter shall not be less than 2/3 of 1" in height.
(b) 
Every merchant going onto any premises upon which a residence, or business is located shall first examine the residence or business to determine if any notice prohibiting solicitation is exhibited upon or near the main entrance. If notice prohibiting solicitation is exhibited, the merchant shall immediately depart from the premises without disturbing the occupant, unless the visit is a result of a request made by the occupant.
(c) 
No person shall go upon any residential or business premises, and ring the doorbell, or rap or knock upon the door, or create any sound in a manner calculated to attract the attention of the occupant of the residence or business, for the purpose of securing an audience with the occupant and engaging in or attempting to engage in a home solicitation transaction, or place handbills or other advertisement, if a card as described in subsection (a) above, is exhibited in a conspicuous place upon or near the main entrance to the residence, or business, unless the visit is a result of a request by the occupant.
(1995 Code of Ordinances, Chapter 4, Article 4.500, Section 4.504)
(a) 
It shall be unlawful for any person to paste, stick or place any advertisement, handbill, placard, printed, pictured or written matter, or any device for advertising purposes upon any fence, railing, sidewalk, telephone, electric light or public utility pole, or other public property, or to knowingly permit the same to be done for his benefit.
(b) 
It shall be unlawful for any person distributing any handbill, placard, printed, pictured or written matter, or any device for advertising purposes, to get nearer to a window or door of any residential dwelling than twenty-five feet (25') unless such person is on a sidewalk, walkway or driveway approaching the residential dwelling.
(1995 Code of Ordinances, Chapter 4, Article 4.500, Section 4.505)
It shall be unlawful for any person to use children under seventeen (17) years of age or less for any type of solicitation purposes unless such children are kept actively supervised by a permitted or registered adult individual at least eighteen (18) years of age within one hundred (100) yards of the child solicitor.
(1995 Code of Ordinances, Chapter 4, Article 4.500, Section 4.506)
(a) 
It shall be lawful for a person to engage in a mobile vending operation involving food products upon any street, public street or street right-of-way, provided such person has previously obtained a health permit from the city’s health department or his designee and subject to the conditions set forth herein.
(1) 
No person shall engage in or attempt to engage in any mobile vending operation involving food products unless such person has in his immediate possession a valid health permit issued to him by the city.
(2) 
No person shall engage in or attempt to engage in any mobile vending operation involving food products on any public street which is not residential in character or on any major thoroughfare or within the limits of any city park.
(3) 
Any person engaged in or who attempts to engage in mobile vending operations involving food products shall not stop his motor vehicle and remain in one location for a period exceeding forty-five (45) minutes.
(4) 
All persons engaged in mobile vending operations involving food products shall comply with all traffic laws and parking regulations. Sales and deliveries of products shall not be made from any part of the vehicle away from the curb.
(5) 
Notwithstanding the provisions of this subsection, a person may sell or offer for sale any food, drinks, confections, merchandise or services within the limits of any city park or public facility if such person has a written agreement with the city.
(6) 
No person shall engage in or attempt to engage in any mobile vending operation involving food products on any public street before 9:00 a.m. or thirty (30) minutes following sunset. Notwithstanding this subsection, it shall be lawful for a person to engage in mobile vending operations involving food products in parking lots or other private property provided such operation does not cause a traffic hazard on any adjacent street, street right-of-way, or other public right-of-way.
(7) 
If bells, music boxes, radios, or any other mechanical or electronic sound-producing devices are employed to attract patrons, such device shall be operated as to be inaudible at a distance of two hundred (200) feet in every direction.
(8) 
Persons engaged in mobile vending operations involving food products shall comply with all applicable provisions of this code and all applicable ordinances governing the handling, service, preparation, storage, display and transportation of food.
(9) 
A mobile vending operation involving food products shall not serve, sell or distribute potentially hazardous food not intended for immediate consumption. All food and beverages sold, served or distributed from a mobile vending operation must be approved in advance by the director of the health department or his designee and specified on the permit for the mobile vending operation. No person shall sell, serve or distribute from a mobile vending operation any food not specified on the permit.
(10) 
Ice used in a beverage served by a mobile vending operation must be from an approved source stored in an approved container that is drained, covered and dispensed with an approved scoop or from automatic, self-service ice dispensing equipment.
(11) 
Each mobile vending operation involving food products shall have a permitted commissary by the appropriate health authority at which those foods served, sold or distributed are stored and prepared.
(12) 
A person shall not engage in a catering service unless the service is affiliated with a food products establishment operating from a fixed facility that is permitted by the appropriate health authority.
(b) 
It shall be unlawful for any person to engage in mobile vending operations involving services, including but not limited to, veterinary services, mobile x-ray services, and mobile blood donation services, in the city, except that it shall be lawful for a person to engage in a mobile vending operation involving services on church, school, retail and commercial parking lots with the written consent of the owner, provided such person has previously obtained a mobile vendor services permit from the city. Any person desiring to engage in a mobile vending operation involving services shall make written application on a form provided by the city to the director of code services or his designee, for a permit which shall include the same information required for a noncharitable solicitor’s permit. Mobile vending operations involving services shall be conducted only during hours of daylight and shall not be conducted longer than fourteen (14) consecutive days per person or organization, with a maximum of not more than four (4) permits per each twelve (12) month period per person or organization regardless of location. Only one permit for mobile vending operations involving services shall be issued for any one location regardless of the applicant for the permit, unless at least thirty (30) days has expired from the last permit for that location. Mobile vending operations involving services conducted by nonprofit organizations, including charitable, veterans, educational, religious, or philanthropic organizations, shall be exempt from the permit fee.
(Ordinance 1894-11 adopted 9/20/11; Ordinance 1957-13 adopted 9/17/13)
No person, directly or through an agent, shall engage in home solicitation or solicit in person from house to house in the city to sell or attempt to sell goods, merchandise, wares, services or anything of value, or to take or attempt to take orders for the future delivery of goods, merchandise, wares or any personal property or any nature whatsoever, or to take or attempt to take orders for services to be furnished or performed in the future, or to distribute samples of merchandise within the city, without first having obtained a written permit, or to solicit funds for charitable purposes without first having registered with the city.
(Ordinance 1490-02 adopted 8/20/02)
(a) 
Application and Required Information.
Any person desiring to make home solicitation transactions or solicit in person from house to house in the city to sell or attempt to sell goods, merchandise, wares, services or anything of value, or to take or attempt to take orders for the future delivery of goods, merchandise, wares or any personal property of any nature whatsoever, or take or attempt to take orders for services to be furnished or performed in the future, or to distribute samples of merchandise, within the city, shall make written application on a form provided by the city to the director of the code services or his designee for a permit which shall include at least the following:
(1) 
the name of the person applying and desiring to make home solicitations;
(2) 
whether the person registering is a natural person, partnership, corporation or association: and
(A) 
if a natural person, the business or residence address and telephone number;
(B) 
if a partnership, the name of all partners and the principal business address and telephone number of each partner;
(C) 
if a corporation, the person registering must 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 main individual in charge of the local office of such corporation, if any, and the names of all officers and directors or trustees of such corporation, and, if a foreign corporation, the place of incorporation;
(D) 
if an association, then show the association's principal business address and telephone number, if any, and show the names and principal business or residence addresses and telephone numbers of all members of the association unless they exceed ten (10) in number, in which case the application shall so state and the person registering may alternatively list 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 location of its central office shall be given in addition to the mailing address and business location of its local office.
(3) 
the names, mailing addresses and telephone numbers of all individuals who will be in direct charge or control of the solicitation of funds;
(4) 
the time period within which solicitation of funds is to be made, giving the date of the beginning of solicitation and its projected conclusions, and how often the applicant will solicit during the year;
(5) 
a description of the methods and means by which solicitation of funds is to be accomplished;
(6) 
names of other communities in which the applicant has made home solicitations in the past six (6) months;
(7) 
the nature of the merchandise to be sold or offered for sale, or the nature of the service to be furnished;
(8) 
whether such applicant, upon any such order obtained, will demand, accept or receive payment or deposit the money in advance of final delivery;
(9) 
if the applicant is unable to provide any of the foregoing information, an explanation of the reasons why such information is not available;
(10) 
name, address, telephone number and social security number of each adult who will be responsible for supervising any solicitor under seventeen (17) years of age;
(11) 
whether the applicant, or any person employed by the applicant, to solicit, has ever been convicted of a felony or a misdemeanor involving moral turpitude.
(b) 
Signatures.
The application must be signed by the applicant, if the person is an individual; if the person applying is a partnership, by the partner charged with the disbursing of funds solicited; and if the person applying is a corporation or an association, by its officer charged with the disbursing of funds solicited. The individual signing the application shall sign and swear before an officer authorized to administer oaths that he has carefully read the application, that all the information contained therein is true and correct.
(c) 
Fee.
The application shall be accompanied by a non-refundable permit fee established by resolution of the city council from time to time to compensate the city for the cost of administration of this article, and no permit hereunder shall be issued until such fee has been paid by the applicant. A permit fee shall be required for each person making a solicitation or distribution for the applicant.
(1995 Code of Ordinances, Chapter 4, Article 4.500, Section 4.509; Ordinance 1490-02 adopted 8/20/02)
(a) 
Any person desiring to solicit funds for charitable purposes in the city shall file with the director of code services or his designee a registration statement on forms provided by the city.
(b) 
The solicitation of funds for charitable purposes by any organization or association from its members, or the solicitation of funds for charitable purposes by persons when such solicitation occurs on premises owned or controlled by the person soliciting funds or with the permission of the person who owns or controls the premises, when previously invited to the premises for solicitation, is exempt from the registration requirement.
(1995 Code of Ordinances, Chapter 4, Article 4.500, Section 4.510)
After review of the registration statement or permit application, as the case may be, to determine its compliance with this article, and within ten (10) working days of the receipt of same, the director of code services or his designee shall either issue a certificate of registration or permit, as provided in this article, or notify the person applying that the registration statement or permit application does not comply with the requirements of this article and specifically point out what information or explanation has not been furnished that has been required before a permit or certificate of registration can be issued.
(1995 Code of Ordinances, Chapter 4, Article 4.500, Section 4.511)
It shall be unlawful for any person to sell or solicit goods or funds, or to distribute samples of merchandise, without carrying the permit or registration statement required by this article on their person while engaged in such solicitation or sale. Any person engaged in the sale or solicitation of goods or funds shall display their permit or registration statement upon demand of a consumer, police officer, or the director of code services or his designee. It shall be unlawful for any person to display a permit or registration statement issued in the name of another person.
(1995 Code of Ordinances, Chapter 4, Article 4.500, Section 4.512)
It shall be unlawful for any person to sell or solicit in the city for a purpose other than set out in the application upon which the permit or certificate was issued.
(1995 Code of Ordinances, Chapter 4, Article 4.500, Section 4.513)
It shall be unlawful for any person to file a false registration statement or application for a solicitation permit with the director of code services or his designee.
(1995 Code of Ordinances, Chapter 4, Article 4.500, Section 4.514)
Every certificate of registration or solicitation permit issued by the city shall expire at the termination of the solicitation period specified in the certificate or permit, or one (l) year from the date of issuance, whichever is less.
(1995 Code of Ordinances, Chapter 4, Article 4.500, Section 4.515)
(a) 
Failure to comply with any of the provisions of this article shall constitute grounds for revocation of any permit or registration issued in accordance with the provisions of this article. Written notice of revocation shall be given to such person by certified mail or by personal delivery.
(b) 
Should a person have a permit or registration revoked, he may appeal that decision to the city manager or his designated representative by submitting a letter to the director of code services or his designee within ten (10) days of the receipt of the notice of revocation. A hearing shall be held within fifteen (15) days of the appeal. The city manager or his representative shall render a decision on the appeal within one (1) day of the date of the hearing. The decision of the city manager or his designated representative shall be final.
(1995 Code of Ordinances, Chapter 4, Article 4.500, Section 4.516)
(a) 
A person commits an offense if, while occupying any public property adjacent to any public roadway in the city, he knowingly conducts a solicitation directed to, or intended to attract the attention of, the occupant of any vehicle stopped or traveling on the roadway. An offense occurs when the solicitation is made, whether or not an actual employment relationship is created, a transaction is completed, or an exchange of money, goods, or services takes place.
(b) 
It is a defense to prosecution under subsection (a) that the person was:
(1) 
Summoning for aid or requesting assistance in an emergency situation; or
(2) 
A law enforcement officer in the performance of official duties.
(Ordinance 1894-11 adopted 9/20/11)
Editor’s note—Former section 4.418, Religious Solicitation in Public Places, was deleted by Ordinance 1490-02 adopted 8/20/02.
(a) 
Permit and Application.
It shall be unlawful for any person to operate an outdoor retail sale and/or outdoor commercial promotion without first having obtained a permit from the director of code services or his designee. A person desiring to conduct an outdoor retail sale and/or outdoor commercial promotion within the city shall make written application on a form provided by the city, to the director of code services or his designee, for a permit which shall include at least the following:
(1) 
name of the person applying and desiring to conduct the retail sale and/or outdoor commercial promotion;
(2) 
the names, mailing addresses and telephone numbers of all individuals who will be in direct charge or control of the retail sale and/or outdoor commercial promotion;
(3) 
the nature of merchandise to be sold or offered for sale, or the nature of the commercial promotion to be conducted;
(4) 
location of the outdoor retail sale or commercial promotion on the premises;
(5) 
hours of operation of the outdoor retail sale or commercial promotion;
(6) 
location and size of any proposed temporary advertising and/or signs for the outdoor retail sale or commercial promotion;
(7) 
proximity of residential areas to the location of the retail sale or commercial promotion;
(8) 
number of parking spaces, if any, to be encumbered by the proposed outdoor retail sale or commercial promotion.
(b) 
Signatures.
The application must be signed by the applicant if the person is an individual; if the person applying is a partnership, by a partner; and if the person applying is a corporation or an association, by one of its officers. The individual signing the application shall sign and swear before an officer authorized to administer oaths that he has carefully read the application, and that all of the information contained therein is true and correct.
(c) 
Fee.
The application shall be accompanied by a non-refundable permit fee in an amount established by resolution of the city council from time to time to compensate the city for the cost of administration of this article, and no permit hereunder shall be issued until such fee has been paid by the applicant.
(d) 
Exemption from Fee.
The permit fee shall not be required when the outdoor retail sales and/or outdoor commercial promotion is conducted by a non-profit organization, including a charitable, veteran, educational, nonprofit, philanthropic, or religious organization.
(e) 
Standards of Operation.
(1) 
It shall be unlawful for any person to operate an outdoor retail sale or commercial promotion in the city unless such sale or promotion is adjacent to an existing permanent business operated in the city and where the products sold outdoors are the same as those sold inside the existing permanent business, and such activity is incidental to the normal conduct of business operated by the same merchant or his employer in an on-site building for which a valid certificate of occupancy exists. An outdoor retail sale or commercial promotion shall be limited to a total of thirty (30) days during any twelve (12) month period. Notwithstanding this subsection, it shall be lawful for an outdoor retail sale or commercial promotion of not more than fourteen (14) days in duration, when conducted by a non-profit organization, including a charitable, veteran, educational, religious, or philanthropic organization on a church, school, retail or commercial parking lot in which event the products sold need not be those sold inside the existing permanent business.
(2) 
No outdoor retail sale and/or outdoor commercial promotion shall utilize or encumber more than ten percent (10%) of any parking lot, obstruct or interfere with any required parking space, fire lane, fire hydrant, access, easement or any other area necessary for public traffic circulation within a parking lot, be closer than the required building setback line from any dedicated street right-of-way. No outdoor retail sale and/or outdoor commercial promotion shall be conducted in or on any vacant lot, unimproved parking lot, public sidewalk, public street, public street right-of-way or public street median.
(3) 
Any outdoor retail sales and/or outdoor commercial promotion shall be required to obtain all necessary tent permits, building permits, electrical permits, food establishment permits, alcoholic beverage permits, and all other permits required by ordinance or other law for the specific activities to be conducted in conjunction with or as part of the outdoor retail sale and/or commercial promotion and must be applied for separately in accordance with the applicable ordinance or law.
(4) 
Outdoor retail sales and/or outdoor commercial promotions shall be conducted only during the hours of daylight except that an outdoor retail sale or outdoor commercial promotion adjacent to an existing permanent business may be conducted during the normal hours of operation of the business.
(5) 
No person shall engage in or attempt to engage in any outdoor retail sale and/or commercial promotion unless such activity is consistent with the zoning regulations prescribed for the district in which the activity takes place.
(6) 
Outdoor retail sales and/or commercial promotions may only be conducted on church, school, retail and commercial parking lots.
(7) 
No person engaged in an outdoor retail sale or commercial promotion shall stand in any street, street right-of-way, median, or parkway to advertise or direct persons to the outdoor retail sale or commercial promotion.
(1995 Code of Ordinances, Chapter 4, Article 4.500, Section 4.519)