City of Forney, TX PEDDLERS AND SOLICITORS

Every person desiring to obtain a permit or registration certificate as required by this section shall make written application to the city manager, or his designated person or department, which application shall show at least the following:

(A)

The name and address of the applicant and each person over the age of sixteen (16) who will engage in the activity at the behest or to provide assistance to the applicant;

(B)

The name and address of the person which such applicant represents;

(C)

The applicant’s date of birth, height, weight, color of hair and color of eyes, social security number and driver’s license number, if existent, and the same information for and [sic] each person over the age of sixteen (16) who will engage in the activity at the behest or to provide assistance to the applicant;

(D)

Whether the applicant or any of his assistants has ever been convicted of a felony or a misdemeanor involving theft, fraud, bribery or perjury;

(E)

The name of the immediate last preceding three (3) towns in which the applicant worked, if any;

(F)

The kind of goods, wares and merchandise offered or to be offered for sale;

(G)

Whether such applicant or any of his assistants upon any such order so obtained will demand, accept or receive payment or deposit of money in advance of final delivery; and

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

(A)

A recent photographic likeness of the applicant’s face as well as the face of any assistant working with him; and

(B)

Satisfactory proof of applicant to represent the company or individual such applicant so states that he represents.

(c)

Investigation of applicant.

It shall be the duty of the chief of police to investigate each applicant and assistant, referred to him by the city manager or his designee, who has made an application for a permit. The chief of police shall as promptly as possible make a report of his investigation to the city manager or his designee before a permit is issued.

(d)

Issuance and duration.

Upon completion of the investigation, the city manager or his designee shall issue or refuse to issue a permit. No permit shall be issued prior to the expiration of seventy-two (72) hours after the filing of the application. All permits issued shall be valid for a period of three (3) months or ninety (90) days, unless sooner revoked.

(e)

Fee.

Each and every person seeking a permit under the provisions herein shall pay an application fee as specified in appendix A of this code. Such fee shall be paid by the person desiring such permit and payable at the time of application. This fee shall be charged to help defray the cost of investigation and administration incident to said permit. This fee shall not be prorated or refunded to the applicant regardless of whether a permit is issued or not.

(f)

Carrying and display.

It shall be unlawful for any peddler or solicitor or their assistants to do business within the city unless he carries such permit on him at all times. Every peddler or solicitor or assistant shall display his permit upon request of any person, and failure to so display such permit shall be grounds for revocation and/or constitute a violation of this section.

(g)

Denial or revocation.

The city may refuse to issue a license or may revoke a license for any of the following reasons as they pertain to an applicant, permit holder or assistant of the applicant or permit holder:

False, incomplete, or misleading information on the application;

The applicant or permit holder has been convicted of a felony or misdemeanor involving a sex offense, trafficking in controlled substances, burglary, theft, or any violent acts against persons or property within five (5) years preceding the date of the application or is convicted of such offenses during the period for which the permit was issued;

A civil judgment for fraud, deceit, or misrepresentation was entered against the applicant or permit holder within 5 years preceding the date of application or is entered during the period for which the permit was issued;

The applicant or 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 Practices-Consumer Protection Act;

(5)

Any act or practice by the applicant or permit holder which violates chapter 601, Texas Business and Commerce Code;

(6)

Any crime or misdemeanor by the applicant or permit holder involving moral turpitude;

(7)

Any violation of this division or any other city ordinance or state or federal law;

(8)

A history or recent practice of conducting business in the city that has or is presently resulting in multiple citizen complaints that allege violation of this division.

(h)

Transfer; assistants.

No permit issued under this section shall be transferable or assignable nor give authority to more than one (1) person to engage in the business as a peddler or solicitor, but any person having obtained such permit may have the assistance of one (1) or more persons in conducting such business provided that these assistants have each met the same identification and screening requirements provided in this section for the applicant.

(i)

Appeal of denial or revocation.

Any person aggrieved by the action of the city in the denial or revocation of a permit shall have the right of appeal to the city council. Such appeal shall be taken by filing with the city secretary, within ten (10) business days after notice of the action complained of has been mailed to the person’s last known address or hand delivered to the person in the city offices, a written statement setting forth the grounds for appeal. A hearing on the denial shall be scheduled for the next regular meeting of the city council if such appeal is received no later than the Tuesday preceding the regular city council meeting or date. Appeals received after the Tuesday preceding the regular meeting will be scheduled for the following meeting. The decision of the city council on the appeal shall be final and conclusive.

(2003 Code, sec. 4.403; Ordinance 12-03, sec. 30, adopted 2/21/12; Ordinance 20-35 adopted 8/18/20)

§ 4.05.004 Surety bond.

In the event the application shows the applicant is to take orders for future delivery, he shall give bond signed as surety by some surety company authorized to do business in the state, conditioned for the final delivery of goods, wares, merchandise, food, photographs, publications 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 articles sold by the principal in such bond at the time of delivery [and] that may be discovered by such purchaser or customer within thirty (30) days after delivery. Such bond shall be in the sum of not less than five thousand dollars ($5,000.00) and shall remain in full force and effect for the entire duration of the license or permit. The bond required herein shall be in substantially the following form:

STATE OF TEXAS
COUNTY OF KAUFMAN
KNOW ALL MEN BY THESE PRESENTS:
That the undersigned _____as Principal, and the _____as Surety, are held and firmly bound unto the Mayor of the City of Forney, Texas, and his successors in office in the penal sum of _________, lawful money of the United States of America, for the payment of which in Forney, Kaufman County, Texas, we bind ourselves, and our heirs, personal representatives, successors and assigns, jointly and severally, firmly by these presents.
The condition of this obligation is that whereas the principal in this bond has applied to the proper authorities in and for the said city for a permit to solicit orders for and to sell goods, wares, merchandise, food, photographs, publications or services.
Now if the said principal in this bond will make final delivery of all such goods, wares, merchandise, food, photographs, publications or services to the respective purchasers in accordance with the orders therefor, and will indemnify all of said purchasers and customers and save them harmless from any and all defects in material or workmanship that may exist in any articles sold by the principal in this bond at the time of sale, and that may be discovered by such purchaser or customers within thirty (30) days after delivery, then in such event this obligation is to be null and void, otherwise it is to be and remain in full force and effect.
This bond is for the use and benefit of any and all persons, firms and corporations that may make any purchase from the principal in this bond or give any order to said principal, and the right of action hereunder shall not be exhausted by the first recovery, but successive suits may be brought hereon for all breaches that may occur so long as the total damages sued for shall not exceed the penalty of this bond.
IN TESTIMONY WHEREOF WITNESS the hands and seal of the aforesaid parties, this the _____day of _____, 20_____.
___________________ Principal	___________________ Date
___________________ Surety	___________________ Date
Aforementioned Bond Expires on _____, 20_____.

(2003 Code, sec. 4.404)

§ 4.05.005 Prohibited conduct.

It shall be deemed unlawful and [for] any applicant, permit holder, assistant, driver, supplier or person associated with the conduct of the applicant’s or permit holder’s business or sales to engage in any of the following:

Refusal or undue delay in leaving premises after having been notified by the owner, occupant, resident, or tenant;

Obstructing or impeding the passage of a pedestrian or vehicle on private property or within a right-of-way;

Misrepresenting the purpose of the solicitation;

Making physical contact with the person being solicited unless that person’s permission is first obtained;

(5)

Misrepresenting the affiliation of those engaged in the solicitation;

(6)

Making noise which disturbs the peace or quiet of the neighborhood;

(7)

Continuation of sales attempt after an individual has said “no”;

(8)

Pursuing or following an individual who has said “no”;

(9)

Representing the solicitation permit or license as an endorsement or recommendation by the city;

(10)

Engaging in hostile gestures or dialogue for the purpose of making a sale or retaliating for the decline of sale, the request to leave premises, or any other purpose not necessary for the safety of the person attempting to make the sale.

(2003 Code, sec. 4.405)

§ 4.05.006 Prohibited areas.

It shall be unlawful for any peddler or solicitor to enter upon any private or public premises when:

The same is posted with a sign stating “No Peddlers Allowed” or “No Solicitation Allowed” or other words to such effect that is clearly visible. Failure to read English is not a defense for violating this section. Permit holders and their assistants are responsible for learning to recognize these signs;

The address appears on the “Nonsolicitation” list maintained by the city for residents who request in writing that their address be excluded as an allowable solicitation area for that calendar year. “Nonsolicitation” lists are valid for January 1 through December 31 each calendar year. It is the responsibility of the resident, occupant, tenant, or homeowner to renew their request each year to keep it on the list;

The property is owned or leased by the city, nor on any center median or right-of-way, unless such person has obtained a permit from the city specifically authorizing the solicitation at said location.

(2003 Code, sec. 4.406)

§ 4.05.007 Hours when peddling not permitted.

It shall be unlawful for any peddler to engage in the business of peddling at any time after one-half (1/2) hour before sunset or before 9:00 a.m. Monday through Saturday or any time Sunday or on any designated federal holiday. The term “sunset” means the time of day identified by the National Weather Service as the time for sunset for that day in the city.

(Ordinance 20-35 adopted 8/18/20)

§ 4.05.008 Consumer’s right to cancel transaction.

(a)

All peddlers or solicitors shall provide to the consumer in writing the right to cancel a solicitation transaction made in person or by telephone until midnight of the 3rd business day after the day on which the consumer signs an agreement, makes payment for or offers to purchase any goods, wares, merchandise, food, photographs, publications or services.

(b)

It shall be unlawful for any peddler, solicitor or company represented to refuse to allow the customer to cancel the solicitation transaction.

(2003 Code, sec. 4.408)

§ 4.05.009 Exemptions.

The provisions of this division, save and except section 4.05.005 and section 4.05.006, shall not apply the following:

Sales of goods, wares, merchandise, publications and/or services by any bona fide charitable, religious, educational or philanthropic organization or when donated by owners or merchants of which the proceeds are to be used and applied to some charitable, religious, educational or philanthropic purposes;

Ordinary commercial travelers who sell or exhibit for sale goods, wares, merchandise, food, photographs, publications or services to firms, persons or corporations engaged in the business of buying, selling and dealing in the same;

Daily deliveries of milk and bakery and other food products or newspaper deliveries;

Insurance salespeople, realtors and other professionals licensed by the state;

(5)

Fundraisers for schools, churches, religious organizations, and nonprofit or charitable organizations;

(6)

Funds and aid solicited for verifiable charitable purposes provided such funds are collected for and surrendered to a 501(c)(3) organization;

(7)

The canvass of individuals concerning opinions of religious, political, or public concern provided such canvass meets the definition as herein prescribed and does not solicit funds or merchandise;

(8)

Persons engaged in interstate commerce. The term “interstate commerce” means soliciting, selling or taking orders for or offering to take orders for any goods, wares, merchandise, photographs, publications or services, or acting in any function as a peddler or solicitor, as the terms are used in this division, 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 this state and shipped or introduced into this city in the fulfillment of such orders.

(2003 Code, sec. 4.409)

§ 4.05.010 through § 4.05.040. (Reserved)

Division 2 Solicitation on Public Street or Right-of-Way

§ 4.05.041 Definitions.

Solicitation.

Any conduct whereby a person or its agent, member, or representative:

Either orally or in writing, asks for a ride, employment, property, financial aid, money, or any article representing monetary value, for any purpose;

Whether orally or in writing, sells or offers to sell goods, services, publications, or subscriptions;

Distributes without remuneration goods, services, publications, or subscriptions;