The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Door-to-door selling.
Going to one or more residences within the city in person or by agent for the purpose of soliciting, selling or taking orders for merchandise or services.
Merchandise.
Is used in its broadest sense and shall include property of every kind.
Services.
Is used in its broadest sense and shall include any work done for the benefit of another person.
(Ordinance 684 adopted 7/8/13)
It is an offense under this article for any person, personally, by agent or as the agent of another, to engage in door-to-door selling in the city without a license as provided in this article.
(Ordinance 684 adopted 7/8/13)
Any person desiring to engage in door-to-door selling shall file a written application with the city secretary, at least ten (10) working days prior. Office hours are Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., verified by affidavit as to the truthfulness of its contents, and containing the following information: (The necessary application is attached hereto as exhibit “A” to Ordinance 663)
(1) 
Name, residence and post office addresses, and telephone number of the applicant and, if the applicant is not a permanent resident of the city, the applicant’s permanent residence and post office addresses and telephone number.
(2) 
A specific description of the occupation in which the applicant desires to engage and for which the license is desired.
(3) 
A full and complete description of the merchandise or services, which the applicant desires to sell.
(4) 
Whether the applicant, upon any sale or order, shall demand, accept or receive payment or deposit of money in advance of final delivery or rendition of the merchandise or services sold.
(5) 
Source of supply, location and proposed method of delivery of the merchandise to be sold.
(6) 
Applicant’s date of birth, sex, height, weight, color of hair, color of eyes and fingerprints.
(7) 
Full and complete statement of the applicant’s criminal records, if any, including a detailed account of all arrests (whether convicted or not), charges filed (whether convicted or not), offenses committed, convictions, sentences received, time served, paroles or pardons received and the date, place and jurisdiction relating to each such item.
(8) 
There shall be attached to the application a legible copy of the driver’s license or state-issued ID of the applicant.
(9) 
If the applicant is the agent of another, the name, address and telephone number of applicant’s principal, and credentials which were issued by the principal to the applicant, and which set forth the extent of the applicant’s authority to act for and bind the principal shall be attached to the application.
(10) 
If the applicant is a partnership, association or joint venture, the full names, addresses and telephone numbers of all partners, associates or joint ventures.
(11) 
If the applicant is a corporation, the state of incorporation, and the principal place of business, the names, addresses and telephone numbers of its officers and, if a foreign corporation, whether it has a permit to do business in the state.
(12) 
Whether or not the applicant has engaged in any other door-to-door selling in other cities and, if so, the names of the last three (3) such cities and the dates of the applicant’s activities in such cities.
(13) 
Vehicle description: state of registration, make and model, licensed number, and color of vehicle.
(14) 
A photograph of the applicant shall be taken and attached to the license.
(15) 
Names with addresses and telephone numbers of three (3) individual character and business references with whom the city can communicate regarding the applicant.
(Ordinance 684 adopted 7/8/13)
(a) 
Investigation of applicant and activity.
(1) 
A copy of the application for license will be referred to the chief of police of the city or his/her designee who will undertake an investigation of the applicant’s record, such as shall be reasonably necessary to protect the public, and as allowed by law.
(2) 
An application for a license under this article may be denied where:
(A) 
Applicant is a fugitive from justice;
(B) 
Upon submission of an incomplete or incorrect application for a solicitor’s license;
(C) 
Providing false and/or misleading statements on the application for a solicitor’s license;
(D) 
Class B or higher charges except for traffic related offenses;
(E) 
Investigation by the police department shows history of complaints with the attorney general, Better Business Bureau, law enforcement or any community against the applicant or company; or
(F) 
The activity is found to have or potentially have negative impacts on the area immediately surrounding the activity.
(b) 
Appeal of denial to city manager.
If the license is denied, the applicant may appeal this decision, in writing, within three (3) working days, to the city manager, which may affirm, modify or reverse the denial.
(Ordinance 684 adopted 7/8/13)
(a) 
The chief of police or her/his designee may, upon investigation of valid documented complaint or violation of law, suspend or revoke and confiscate a license issued.
(b) 
Upon such suspension, all activity must cease immediately.
(c) 
A licensee whose license is suspended or revoked shall have three working days from the date of suspension to request an administrative review, in writing, of the suspension by the city manager. If a request for an administrative review is not timely made, the license shall be automatically revoked with no further action by the city required.
(d) 
Upon completion of a sale a licensee must provide the customer a copy of a notice of right to rescind as required by section 39.001 of the Texas Business Code.
(Ordinance 684 adopted 7/8/13)
(a) 
When engaged in door-to-door selling, the license required by this article shall be at all times prominently displayed on the licensee and shall, upon request, be submitted to any city official or citizen for examination.
(b) 
A violation of this section is grounds for automatic revocation of the license under section 4.02.005.
(Ordinance 684 adopted 7/8/13)
(a) 
The license provided for in this article shall not be transferable or altered nor shall it give authority to anyone other than the licensee named thereon to engage in the activities named in section 4.02.002 hereof.
(b) 
It shall be unlawful for any person to engage in door-to-door selling while using the license issued to another and it shall be unlawful for an individual issued a permit to provide, give, loan or allow another individual their permit for the purpose of engaging in door-to-door selling. Violation of this section shall result in immediate revocation.
(Ordinance 684 adopted 7/8/13)
It shall be unlawful for any person while engaged in door-to-door selling, to refuse to leave the property of any person upon request and/or contact the owner or occupant of a private residence where a sign or notice saying “no soliciting,” “no solicitors,” “no salespersons,” “no peddling” “no door-to-door selling” or similar sign is prominently posted and is plainly visible at the entryway of the residence. Such sign does not have to be attached to the house as long as it is clearly visible to anyone standing at, or near the entryway. A violation of this section is grounds for automatic revocation of the license under section 4.02.005.
(Ordinance 684 adopted 7/8/13)
Compliance with sections 4.02.002 through 4.02.006, both inclusive, of this article shall not be required of persons engaged in interstate commerce, provided however, that it shall be unlawful for persons engaged in interstate commerce to engage in door-to-door selling without having first registered with the city secretary, giving the following information:
(1) 
Name, residence and post office addresses, and telephone number of the applicant and, if the applicant is not a permanent resident of the city, the applicant’s permanent residence and post office addresses and telephone number.
(2) 
Name and address of the person, firm or corporation, if any that the registrant represents or for whom or through who orders are to be solicited or cleared.
(3) 
Nature of the articles or things which are to be sold or for which orders are to be solicited.
(4) 
Whether registrant upon any sale or order shall demand or receive or accept payment or deposit of money in advance of final deliver.
(5) 
Period of time which registrant wished to sell in the city.
(6) 
Whether or not registrant has engaged in door-to-door selling in any other cities and, if so, the names of the last three (3) such cities and the dates of registrant’s activities in such cities.
(7) 
Applicant’s date of birth, sex, height, weight, color of eyes, color of hair and fingerprints.
(8) 
There shall be attached to the application a driver’s license or state-issued ID of the applicant.
(9) 
Vehicle description: state of registration, make and model, licensed number, and color of vehicle.
(10) 
Photo shall be taken and kept on file with application.
(11) 
Must display International Commerce Code I.D.
(12) 
Must comply with all regulations of the Texas Business Commission and Business Commerce Code. Upon completion of a door-to-door sale, any person engaging in interstate commerce sales must provide a copy of a notice of right to rescind as required by section 39.001 of the Texas Business Code.
(Ordinance 684 adopted 7/8/13)
Fees, as set forth in section A4.02.012 of the fee schedule in appendix A to this code, shall be paid in cash, money order, or cashier check.
(Ordinance 684 adopted 7/8/13)
(a) 
The license shall be an original city license authorizing vendor activities, and will be issued by the city secretary or her/his designee.
(b) 
The city secretary will retain a copy of the approved license(s) and the original application for official records.
(c) 
A copy of the license will be provided to the chief of police by the city secretary, and will be maintained in the files of the police department for a period of (1) year.
(d) 
Only those individuals whose names are listed on the approved application may conduct activities under the issued license. If any other person accompanies the licensee, either by driving them to or from the residence or actually going door-to-door, the information required in section 4.02.003 must be furnished to the city secretary for that person and they must obtain a license prior to the person’s involvement in door-to-door selling as per section 4.02.001.
(e) 
A license may be issued for a period of 1–60 days. No license shall be valid for a period in excess of 60 days; unless otherwise stated herein.
(Ordinance 684 adopted 7/8/13)
(a) 
Exemptions from license applications and fees.
The following are exempt from the license application process and license fees:
(1) 
Newspaper carriers.
(2) 
Religious proselytizing or distribution of religious literature as long as no soliciting for sales, donation or financial assistance is sought or received.
(3) 
Canvassers who attempt only to solicit political support or to determine opinions or sentiments.
(4) 
The nonprofit organizations, contained on a list in the city secretary’s office.
(Ordinance 684 adopted 7/8/13)
This entire article is and shall be deemed to be an exercise of the police power of the state and of the city for the public safety, comfort, convenience and protection of the city and the health, life and property of its citizens and each provision contained herein shall be construed for the accomplishment of that purpose.
(Ordinance 684 adopted 7/8/13)