ARTICLE 4.02 PEDDLERS AND SOLICITORS

Advertises for sale any merchandise, product, commodity, service, or thing;

Directs attention to any business, mercantile, commercial establishment, or other activity for the purpose of either directly or indirectly promoting the interest thereof;

Directs attention or advertises any meeting, theatrical performance, exhibition, group, fundraiser, or other event whether the purpose of directing attention and advertising is for private gain or for raising funds for a charitable purpose; or

Home solicitation transaction

Contains information that is of a noncommercial nature, but remains predominantly and essentially an advertisement, and is distributed or circulated for advertisement purposes, for private gain, or for raising funds for a charitable purpose.

Handbill, noncommercial

means and includes any printed or written matter, any sample or devise, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original copies of any matter or literature, pertaining to any speech not included in the definition of commercial handbill. Noncommercial handbills include, but are not limited to, handbills containing exclusively political and religious speech.

Handbill distributor

means and includes any person engaging or engaged in the business for hire or gain of distributing commercial handbills, other than newspapers distributed to subscribers thereof, and any person receiving compensation directly or indirectly for the distribution of such commercial handbills.

Handbill sponsor

means and includes the person, firm, or corporation who is utilizing commercial handbills as a medium of advertising or spreading a message.

means:

A consumer transaction for the purchase 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 in person and the consumer’s agreement of offer to purchase is given at the residence to the merchant; or

Any request for funds made by a person soliciting to the occupant of a residence at a place of residence and the solicitor is unknown to the occupant or owner of the residence at which the request for funds is made. A home solicitation transaction 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 at a business establishment at a fixed location where goods or services are offered or exhibited for sale; or a sale where the consumer initiated a request for an appointment for the merchant to send a representative to his or her residence; 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.

Mayor

means the mayor of the town.

Peddler

means any person who goes upon the premises of any private residence in the town, not having been invited by the occupant thereof, carrying or transporting goods, wares, merchandise, or personal property of any nature and offering the same for sale. This definition also includes any person who solicits orders and as a separate transaction makes deliveries to purchasers as part of the scheme to evade the provisions of this article.

Peddling

includes all activities ordinarily performed by a peddler as indicated under the definition of “peddler” in this section.

Person

means a natural person or any firm, corporation, association, club, society or other organization.

Solicitation

includes all activities ordinarily performed by a solicitor as indicated under the definition of “solicitor” in this section.

Solicitor

means any person who goes upon premises of any private residence in the town, not having been invited by the occupant thereof, for the purpose of taking or attempting to take orders for the sale of goods, wares, merchandise or personal property of any nature for future delivery, or for services to be performed in the future. This definition also includes any person who, without invitation, goes upon private property to request contribution of funds or anything of value, or sell goods or services for political, charitable, religious or other noncommercial purposes.

(Ordinance 183-8-2006, sec. 1, adopted 8/7/06; Ordinance 304-08-2017, sec. 1, adopted 8/14/17)

§ 4.02.002 Penalty; civil remedies.

Violation of any of the provisions of this article shall, upon conviction, be punishable by a fine not to exceed five hundred dollars ($500.00) for each offense, and each and every day such violation shall continue shall constitute a separate offense.

§ 4.02.005 Entry upon signed premises unlawful; trespass.

In addition to any criminal enforcement, the town or any individual may pursue any available civil remedies deemed appropriate and necessary.

(Ordinance 183-8-2006, sec. 19, adopted 8/7/06)

§ 4.02.003 Enforcement.

It shall be the duty of any police officer of the town to require any peddler or solicitor who is not known by such officer to be duly permitted to produce his permit and to enforce the provisions of this article against any person found to be violating the same.

(Ordinance 183-8-2006, sec. 17, adopted 8/7/06)

§ 4.02.004 Claims of exemption.

Any person claiming to be legally exempt from the regulations set forth in this article, or from the payment of a permit fee, shall cite to the mayor or authorized representative the statute or other legal authority under which exemption is claimed and shall present to the mayor or authorized representative proof of qualification for such exemption.

(Ordinance 183-8-2006, sec. 18, adopted 8/7/06)

It shall be unlawful for any person, whether licensed or unlicensed, while conducting the business of a solicitor or peddler, to enter upon any residential premises in the town where the owner, occupant or person legally in charge of the premises has posted, at the entry to the premises, or at the entry to the principal building on the premises, a sign bearing the words “No Peddlers,” “No Solicitors,” or words of similar import.

§ 4.02.006 Depositing handbills or advertisements on private premises.

Nothing in this article shall authorize any solicitor or peddler to commit the offense of trespass, defined in the Texas Penal Code. Any offense of trespass shall be a violation of this article, and grounds for revocation of the permit.

(Ordinance 183-8-2006, sec. 11, adopted 8/7/06)

Subject to all applicable state and federal laws, and regulations promulgated thereunder, it shall be unlawful in the town for any person, either individually or through the use of a mechanical device, to throw, deposit, or distribute any commercial advertising on any private premises, if requested by anyone on the private premises not to do so, or if there has been placed on such premises in a conspicuous position a sign bearing the words “No Trespassing,” “No Peddlers or Agents,” “No Advertisements,” or any similar notice indicating in the manner that the owners and/or occupants of such premises do not desire to have any such handbills, advertisements, or other information, either in written or electronic media form, left upon the premises.

(Ordinance 183-8-2006, sec. 12, adopted 8/7/06)

§ 4.02.007 Hours of operation; solicitation and distribution.

An individual, directly or through an agent or employee, may not:

Throw, cast or scatter any commercial handbill or noncommercial handbill, or leave any commercial handbill or noncommercial handbill unattended that is not securely affixed to the place of deposit.

Solicit funds or distribute commercial or noncommercial handbills at a place of residence during the following hours unless invited to do so by the occupant or owner of the residence:

(A)

Monday–Friday.

Before 9:00 a.m. and after the earlier of dusk or 9:00 p.m.

(B)

Saturday and Sunday.

Before 9:00 a.m. and after the earlier of dusk or 9:00 p.m.

For purposes of this section, dusk means thirty (30) minutes after sunset.

Solicit funds or distribute handbills after the revocation or expiration of any permit issued or during the suspension or any permit issued, as hereinafter provided.

§ 4.02.008 through § 4.02.040. (Reserved)

Solicit funds or distribute commercial handbills for a purpose other than what was represented in the application upon which the permit was issued.

(5)

Represent that the issuance of a permit by the city constitutes an endorsement or approval of the solicitation or distribution by the city or its officers or employees.

(6)

Distribute any commercial handbill or noncommercial handbill in or up on any premises which are temporarily or continuously uninhabited or vacant.

(7)

Distribute any commercial handbill or noncommercial handbill upon any premises if requested not to do so by the owner, occupant, or any other person then present in or upon such premises.

(8)

Distribute any commercial or noncommercial handbill in any place, under any circumstances, which does not have printed on the cover, front or back thereof, the name, address and telephone number of the handbill sponsor who caused the same to be distributed; provided, however, that in the case of a fictitious person or club, in addition to such fictitious name, the true names and addresses of the owners, managers, or agents for the fictitious person or club sponsoring such commercial handbill shall also appear thereon.

(9)

Employ, hire, request, direct or cause, directly or indirectly, another person who does not have a permit to distribute commercial handbills or solicit funds within the city.

(10)

Distribute commercial handbills or solicit funds under the direction of another and not have a supervisor who can arrive at the location where the person is distributing the handbills or soliciting within ten minutes of being requested to appear, by the police or otherwise.

(11)

Direct someone else to distribute commercial handbills or solicit funds and not provide a supervisor who can arrive at the location where the person is distributing the handbills or soliciting within ten minutes of being requested to appear, by the police or otherwise.

(12)

Allow a person to use a permit issued in another person’s name or to use a permit issued in another person’s name.

(Ordinance 183-8-2006, sec. 13, adopted 8/7/06; Ordinance 304-08-2017, sec. 2, adopted 8/14/17; Ordinance 334-06-2020 adopted 6/22/20)

Division 2 Permit

§ 4.02.041 Required; exceptions.

It shall by unlawful for any person eighteen (18) years of age or older to engage in peddling or solicitation activities within the town without first obtaining a permit issued by the town; provided, however, that the following are exempted from the provisions of this section:

Any solicitation made upon premises owned or occupied by an organization upon whose behalf the solicitation is made;

Any communication by an organization soliciting contributions solely from persons who are members of the organization at the time of such solicitation;

Any solicitation in the form of a collection at a regular meeting, assembly or service of a charitable organization;

§ 4.02.042 Permit for sponsoring juvenile peddlers.

Any solicitation for the relief of any individual specified by name at the time of the solicitation where the solicitor represents in each case that the entire amount collected shall be turned over to the named beneficiary;

(5)

Any solicitation by or for a volunteer fire department with principal facilities and equipment located in the town.

(Ordinance 183-8-2006, sec. 2, adopted 8/7/06)

No person under the age of eighteen (18) shall be permitted to engage in peddling except as provided in this section.

A permit shall be obtained by a sponsoring person, company or organization for the conduct of any peddling or solicitation activities involving, in whole or in part, a sales force of one (1) or more persons under eighteen (18) years of age.

(c)

The sponsor shall be responsible for supervising and controlling the conduct of all persons, including juveniles, peddling under the sponsor’s permit.

(d)

The sponsor shall provide to each individual in its sales force a badge or other easily readable form of identification which identifies the name of the sponsor and the name of the individual. The sponsor shall require all individuals in its sales force to wear such identification so that it is clearly visible at all times when the individuals are peddling or soliciting. A copy of the permit must be displayed on the request of any person solicited.

(Ordinance 183-8-2006, sec. 3, adopted 8/7/06)

§ 4.02.043 Application.

Every person subject to the provisions of this article shall file with the town an application in writing on a form furnished by the town, which shall provide the following information:

Date of birth, address and identification of the applicant, to be provided through the applicant’s driver’s license, articles of incorporation (for sponsors), or other legally recognized form of identification;

Names, addresses, driver’s license numbers or other form of legally recognized form of identification of all persons who may act as agent or employee of the applicant;

A brief description of the business or activity to be conducted or goods to be sold;

If employed, the name, address and telephone number of the employer, or if acting as an agent, the name, address and telephone number of the principal who is being represented, with credentials in written form establishing the relationship and the authority of the employee or agent to act for the employer or principal, as the case may be;

(5)

The length of time for which the right to peddle or solicit is desired;

(6)

The applicant’s state sales and use tax permit number, if required by law in order to conduct the proposed business, or proof of exemption if none is required;

(7)

If a vehicle is to be used, the make, model, color and license number shall be provided;

(8)

Whether the applicant, upon sale or order, shall demand, receive, or accept a deposit or total payment in advance of final delivery;

(9)

Felony convictions of any solicitors, their agents, or employees who may be soliciting within the town.

(Ordinance 183-8-2006, sec. 4, adopted 8/7/06)

§ 4.02.044 Fees.

A fee in the amount provided in the fee schedule in appendix A of this code shall be paid prior to the issuance of a permit. When any solicitor or peddler shall engage in an activity through one or more agents or employees, in addition to the fee for the applicant, a permit fee shall be paid for each agent or employee so engaged, and the fee shall entitle the agent or employee to a permit for the same term and upon the same conditions as that of the primary permit. No permit fee shall be refunded. A fee of $25.00 per solicitor or peddler shall be required of those persons engaging in interstate commerce.

(Ordinance 183-8-2006, sec. 5, adopted 8/7/06; Ordinance adopting Code; Ordinance 334-06-2020 adopted 6/22/20)

§ 4.02.045 Issuance.

Upon receipt of an application, the mayor, or authorized representative, shall review the application as deemed necessary to ensure compliance with section 4.02.043.

The mayor, or authorized representative, shall endorse his/her approval on the application and shall, upon payment of the prescribed fee, issue the required permit to the applicant.

(c)

The permit shall show the name, address and driver’s license number of the permittee, the class of permit issued, the kind of goods or services to be sold or delivered, the date of issuance, and the length of time that the permit will be in effect. The permit will also show the permit number.

(Ordinance 183-8-2006, sec. 6, adopted 8/7/06)

§ 4.02.046 Denial.

Upon the mayor or authorized representative’s review of the application, the mayor or representative may refuse to issue a permit to the applicant for any of the following reasons:

The location and time of solicitation or peddling would endanger the safety and welfare of the solicitors, peddlers and/or their customers;

An investigation reveals that the applicant falsified information on the application;

There is no proof as to the authority of the applicant to serve as an agent to the principal; or

The applicant has been denied a permit under this article within the immediate past year, unless the applicant can and does show to the satisfaction of the mayor or representative that the reasons for such earlier denial no longer exist.

The mayor or authorized representative’s disapproval and reasons for disapproval shall be noted on the application, and the applicant shall be notified that his application is disapproved and that no permit will be issued.

(Ordinance 183-8-2006, sec. 7, adopted 8/7/06)

§ 4.02.047 Expiration.

All permits issued under the provisions of this article shall expire six (6) months from the date of issuance, unless an earlier expiration date is noted on the permit.

(Ordinance 183-8-2006, sec. 8, adopted 8/7/06)

§ 4.02.048 Exhibition.

Every person required to obtain a permit under the provisions of this article shall exhibit the permit when requested to do so by any prospective customer, town employee, or police officer.

(Ordinance 183-8-2006, sec. 9, adopted 8/7/06)

§ 4.02.049 Transfer.

It shall be unlawful for any person other than the permittee to use or exhibit any permit issued under the provisions of this article.

(Ordinance 183-8-2006, sec. 10, adopted 8/7/06)

§ 4.02.050 Reasons for revocation.

Any permit issued under this article may be revoked or suspended by the mayor, or authorized representative, after notice and hearing, for any of the following reasons:

Fraud, misrepresentation or false statement contained in the application for a permit;

Fraud, misrepresentation or false statement made by the permittee in the course of conducting solicitation or peddling activities;

Conducting solicitation or peddling activities contrary to the provisions contained in this article;

§ 4.02.051 Notice of revocation hearing.

Conducting peddling or solicitation activities in such a manner as to create a public nuisance, constitute a breach of peace or trespass, or endanger the health, safety or general welfare of the public.

(Ordinance 183-8-2006, sec. 14, adopted 8/7/06)

Notice of a hearing for revocation of a permit issued under this article shall be provided in writing and shall set forth specifically the grounds for the proposed revocation and the time and place of the hearing. Notice shall be mailed, postage prepaid, to the permittee at the address shown on the permit application or at the last known address of the permittee.

(Ordinance 183-8-2006, sec. 15, adopted 8/7/06)

§ 4.02.052 Appeals.

Any person aggrieved by the action or decision of the mayor or authorized representative to deny, suspend or revoke a permit applied for under the provisions of this article shall have the right to appeal such action or decision to the town council within fifteen (15) days after the notice of the action or decision has been mailed to the person’s address as shown on the permit application form, or to his last known address.