(a) 
The following definitions shall apply, unless the context clearly indicates otherwise:
Interstate commerce.
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 the city for the fulfillment of such orders.
Panhandler.
Any person who asks for, solicits, or begs money or donations of any item of value from other persons.
Panhandling.
The act of asking for, soliciting, or begging for money or donations of any item of value from any public property in the city, including streets, sidewalks, alleys, public rights-of-way, public parks, or other real estate owned by the city, county, or state within the corporate limits of the city.
Peddler, itinerant vendor, itinerant merchant, or solicitor.
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 in the city. These terms shall also mean 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 in the city, whether public or private. These terms shall also include 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.
(b) 
The regulations set forth in this article shall not apply to [mobile food vendors], as the same are defined in article 4.08 of this code. Any reference in this article to persons selling foodstuffs from a truck or other vehicle in the city shall not apply to such mobile food vendors, and any business or person meeting the definition of mobile food vendor in section 4.08.001 shall be regulated under article 4.08. Provided, however, that any person or business whose operations in the city constitute a combination of activates regulated under this article and article 4.08 may be authorized to operate in the city if issued a permit under this article.
(Ordinance 2017-O-502 adopted 1/12/17; Ordinance 2017-O-503, sec. 2, adopted 2/9/17)
(a) 
It shall be unlawful to panhandle within the city.
(b) 
Violation of this section shall be a class C misdemeanor.
(c) 
Any person convicted of panhandling may be fined in an amount not to exceed five hundred dollars for each act of violation.
(Ordinance 2017-O-502 adopted 1/12/17)
It shall be unlawful for any peddler, itinerant vendor, panhandler, or solicitor who enters upon premises owned, occupied, or leased by another person to refuse to leave the premises after the owner or possessor of such premises, or his agent, requests that they leave the premises.
(Ordinance 2017-O-502 adopted 1/12/17)
It shall be unlawful for any peddler, itinerant vendor, panhandler, or solicitor to enter upon any private premises when a sign stating “No Peddlers Allowed,” “No Solicitation Allowed,” or other words to such effect is posted on the premises.
(Ordinance 2017-O-502 adopted 1/12/17)
It shall be unlawful for any peddler, itinerant vendor, or solicitor to engage in the business of peddling at any time between sunset and thirty (30) minutes after sunrise, except when the peddler, itinerant vendor, or solicitor has a specific invitation and appointment with the customer.
(Ordinance 2017-O-502 adopted 1/12/17)
(a) 
All peddlers, itinerant vendors, or solicitors shall provide to the consumer, in writing, an explanation of the customer’s right to cancel a solicitation transaction made in person or by telephone until midnight of the third business day after the day on which the consumer signs an agreement or offers to purchase any goods or services. For telephone solicitations, the date of transaction means the day the consumer receives the goods or services purchased in a solicitation transaction. 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.
(b) 
It shall be unlawful for any peddler, itinerant vendor, solicitor, or company represented by such persons to refuse to allow the customer to cancel the solicitation transaction.
(Ordinance 2017-O-502 adopted 1/12/17)
It shall be unlawful for any person, partnership, firm, or corporation 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.
(1995 Code, sec. 112.020)
The following persons, partnerships, firms, or corporations shall be exempt from the permit provisions of this article:
(1) 
Ordinary commercial travelers or salesmen, transacting business only at wholesale dealers or with dealers in such goods or in goods or services for use in manufacturing or commercial purposes;
(2) 
Sheriffs, constables, bona fide assignees, receivers or trustees in bankruptcy or other public officers selling goods, wares and merchandise according to law;
(3) 
The sale of goods or services, or persons wishing to make solicitations, sales or distributions, for noncommercial purposes or causes, whether community service, charitable, educational or religious, shall not be required to obtain a permit. A mobile, temporary or seasonal food establishment that is also a nonprofit food establishment shall also be exempt from a permit under this exception, provided that the food establishment holds the required permits under the Texas Food Establishment Rules adopted by the city;
(4) 
Newspaper carriers and newspaper vending machines;
(5) 
Sales conducted pursuant to statute or by order of any court;
(6) 
Individual, one time only sale per a six-month period of personal property items sold by the owner thereof at his private residence or business;
(7) 
Organized community and festival events held by authority of agreements or special permits issued by the city council or held upon public premises or in or upon public parks under the auspices or sponsorship or within the regular administration of the parks and recreation department of the city;
(8) 
Authorized contractual concessions permitted upon city premises by agreement, lease or contract with the city duly authorized by the city council;
(9) 
Delivery services to permanent established businesses in the city which operate on site and by agreement with or invitation of such individuals, industries or businesses;
(10) 
Lemonade stands and similar activity conducted and operated entirely by children under the age of sixteen (16) years and upon the private residential premises of such children.
(Ordinance 2010-O-399 adopted 9/9/10)
(a) 
Any person desiring to obtain a permit as required by this article shall file a written application with the city secretary. The application shall state at least the following:
(1) 
The name of the applicant and his or her 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 list of the applicant’s prior felony or misdemeanor convictions, if any, involving, but not limited to, theft, fraud, bribery, or perjury;
(5) 
The names of the last three municipalities in which the applicant worked;
(6) 
The product or service offered or to be offered by the applicant for sale;
(7) 
A statement of whether the applicant will demand, accept, or receive payment or deposits of money in advance of final delivery of any product or service ordered;
(8) 
The date the permit is issued; and
(9) 
The period of time such applicant wishes to work in the city.
(b) 
In addition, the applicant shall attach 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 or she purports to represent.
(c) 
In addition, the city may require the applicant to submit to fingerprinting. The city shall keep the fingerprinting as a permanent record with the application.
(d) 
The city shall not issue the permit until the written application has been filed with the city secretary for a period of twenty-four (24) hours.
(1995 Code, sec. 112.022)
(a) 
If the permit application indicates that the applicant will take orders for future delivery, the applicant shall give a surety bond to the city signed by a 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 and 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 at the time of delivery, and that may be discovered by the purchaser or customer within thirty (30) days after delivery. The bond shall be in the sum of not less than one thousand dollars ($1,000.00) and shall remain in full force and effect for the entire duration of the 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.
(1995 Code, sec. 112.023)
(a) 
Upon completion of the investigation, the city secretary shall issue or refuse to issue a permit. All permits issued shall be valid for no longer than one year.
(b) 
If the city refuses to issue the applicant a permit, the city secretary shall notify the applicant of the city’s decision. The applicant may appeal the city secretary’s denial to the city council by paying a nonrefundable appeal fee, in an amount determined by the city council, and requesting a hearing in writing from the city secretary within ten (10) days from receipt of notice of the city’s application denial. After the applicant pays the required fee and requests a hearing, the city council shall hold a hearing to review and either affirm or overrule the city secretary’s decision. The city council’s decision shall be final.
(1995 Code, sec. 112.25)
(a) 
Each applicant for a permit under this article shall pay a permit fee to the city when they file their application in an amount determined by the city council. This fee shall not be prorated nor refunded regardless of whether a permit is issued.
(b) 
No fee shall be charged to persons offering for sale agricultural products, meats, poultry, or other articles of food grown or produced by such persons. The city secretary shall issue permits under this subsection to persons upon satisfactory proof that the applicant has produced or grown the product(s) to be peddled, and the city secretary shall state such facts on the permit.
(c) 
No fee shall be charged to any bona fide charitable, religious, educational, or philanthropic organization, or persons engaged in interstate commerce.
(1995 Code, sec. 112.026)
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 without carrying the permit on his or her person while so engaged in the permitted activity. Every peddler, itinerant merchant, or solicitor shall display his or her permit upon request of any person, and failure to display the permit shall be grounds for permit revocation and shall constitute a violation of this article.
(1995 Code, sec. 112.027)
After a permit has been issued under this article 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 the Texas Deceptive Trade Practice Act, has committed any crime or misdemeanor involving moral turpitude, or has violated 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 holding a hearing. The city shall provide notice under this section by United States mail, certified or registered, return receipt requested, addressed to the permittee at the address stated on the permit application. The city shall hold the hearing not less than ten (10) days after the service of the notice.
(1995 Code, sec. 112.028)
A permit holder under this article shall not transfer or assign [the permit], nor give authority to more than one (1) person to engage in business as a peddler, itinerant merchant, or solicitor. However, any person with a permit may have the assistance of one (1) or more persons in conducting their business.
(1995 Code, sec. 112.029)