For the purpose of this article, the following terms shall be
held to be any person, firm, company, partnership, corporation, or
association engaged in any activity mentioned in this article:
Any person, whether a resident of the city or not, traveling
by whatever means, who solicits advertising or sells or offers to
sell subscriptions or contracts for any magazine, book, or periodical
within the city.
Any person, his agent or employee, whether a resident of
the city or not, traveling by foot, wagon, motor vehicle, or any other
type of transportation from place to place, from house to house, or
from street to street, carrying, conveying or transporting goods,
wares, merchandise, meats, or fish, offering articles to purchasers,
including photographs, the taking of photographs, enlargements of
photographs, or picture frames, or who without traveling from place
to place shall sell or offer the same for sale from a wagon, automotive
vehicle, railroad car, or other vehicle or conveyance or from any
building or premises where such space is leased or rented for the
purpose of exhibiting and selling such goods and wares on a temporary
basis. Anyone who solicits orders and, as a separate transaction,
makes deliveries to purchasers as a part of a scheme or design to
evade the provisions of this article shall be deemed to be a peddler.
Any individual, his agent or employee, whether a resident of the city or not, traveling either by foot, wagon, automobile, motor vehicle or any other type of conveyance, from place to place, from house to house, or from street to street, taking or attempting to take orders for sale of goods, wares, and merchandise, including food products, personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, including the temporary or transit business of soliciting, accepting, or taking orders for photographs, photograph enlargements, picture frames, or coupons or other agreements entitling any person to have a photograph taken or furnished, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or not. Such definition shall include any person who, for himself or for another person, hires, leases, uses, or occupies any building, structure, tent, railroad boxcar, boat, hotel room, lodging house, apartment, shop, or any other place within the city for the sole purpose of exhibiting samples and taking orders for future delivery. The term “solicitor” shall include the term “canvasser” and “itinerant solicitor” exclusive of those persons included in section 4.05.003 below.
(Ordinance 874 adopted 5/2/01; 2004 Code, sec. 4.1001)
Any person violating any provisions of this article or failing to observe any provision hereof shall be deemed guilty of a misdemeanor and upon conviction shall be fined in accordance with the general penalty provision set forth in section 1.01.009 of this code, and each and every day or fraction of a day during which this article, or any part thereof, shall be violated, shall be deemed a separate offense and punishable as such.
(Ordinance 874 adopted 5/2/01; 2004 Code, sec. 4.1020)
The provisions of this article shall not apply to the following:
(1)
Merchants
who sell, or exhibit for sale, goods, wares or merchandise to merchants
engaged in the business of buying, selling or dealing in the same.
(2)
Sales
of goods, wares and merchandise donated by the owners thereof, the
proceeds of which are to be used and applied to some charitable, religious
or philanthropic purpose.
(3)
Sales
of goods, wares and merchandise by sheriffs, constables or other public
[employees] or to [by] bona fide assignees or auctioneers, or trustees
or receivers regularly appointed.
(4)
Merchants
who sell, or exhibit for sale, goods, wares or merchandise at Brady/McCulloch
County Chamber of Commerce sponsored events, i.e., goat cook-off,
etc.
(5)
Goods,
wares, merchandise, magazines, books, periodicals, and such sales
in connection with Brady Independent School District or other youth
organization sponsored fundraising events.
(Ordinance 874 adopted 5/2/01; 2004 Code, sec. 4.1002)
It shall be unlawful for any peddler to enter upon any private
premises when such premises are posted with a sign stating “No
Peddlers Allowed” or “No Solicitations Allowed”
or other words to such effect.
(Ordinance 874 adopted 5/2/01; 2004 Code, sec. 4.1003)
Any peddler who enters upon premises owned, leased or rented
by another and refuses to leave such premises after having been notified
by the owner or occupant thereof, or his agent, to do so and not return
thereto, shall be deemed guilty of a misdemeanor.
(Ordinance 874 adopted 5/2/01; 2004 Code, sec. 4.1004)
It shall be unlawful for any peddler to make false or fraudulent
statements concerning the quality of his goods, wares, merchandise
or services for the purpose of inducing another to purchase the same.
(Ordinance 874 adopted 5/2/01; 2004 Code, sec. 4.1005)
Every license issued under the provisions of this article permitting
going from house to house or from place to place in the city for the
purpose of soliciting, selling or taking orders for or offering to
sell or take orders for any goods, wares, merchandise or services
authorizes such activity only during the hours of nine o’clock
(9:00) a.m. until one-half hour before sunset.
(Ordinance 874 adopted 5/2/01; 2004 Code, sec. 4.1017)
