As used in this article, the following definitions apply:
Consumer.
An individual who purchases consumer goods, as hereinafter defined, primarily for personal, family or household purposes.
Peddling.
Selling or offering for sale consumer goods, as hereinafter defined, directly to the consumer at a residence or place of business.
Consumer Goods.
Food, produce and other perishables and consumables, manufactured or hand-crafted items, books, magazines and other publications, works of art, decorative items, perfume, jewelry, trees, shrubs and other vegetation and domestic or wild animals, but excluding a farmer’s own produce as defined in Section 4.207.
Employing Entity.
The entity, whether individual, corporation, association, partnership, firm, group or other organization, who utilizes the efforts of the individual peddlers, whether or not such services are compensated by the employing entity.
(1993 Code of Ordinances, Chapter 5, Article 1, Sec. 5-1)
(a) 
No entity, whether individual, corporation, association, partnership, firm, group or other organization, shall be permitted to peddle within the limits of the city without first having complied with this article and been issued a license by the city as provided in Section 4.203 of this article.
(b) 
All peddling is prohibited in the following district, with or without a license: Main Street beginning at the railroad tracks and north to Fifth Street, and perpendicular each way from Main Street, a distance of one hundred fifty (150) feet to the alleys.
(c) 
Any person peddling within the prohibited district, or peddling within the limits of the city, without a valid license, shall be guilty of a misdemeanor and upon conviction thereof shall be fined in accordance with the general penalty provision in Section 1.109 of this code; each violation aforesaid shall constitute a separate offense.
(1993 Code of Ordinances, Chapter 5, Article 1, Sec. 5-2)
(a) 
Before the city will issue a peddling license, other than as set out in Section 4.206 of the article the peddling individual or organization shall make application at city hall. The applicant shall furnish a sworn statement containing the following information about himself or herself, and if the applicant is a business organization or association, about every person connected therewith who is involved in peddling:
(1) 
A permanent residence address within the city where the person or business organization or association has done business and/or resided for the last twelve months or the permanent address(es) without the city limits where the person or business organization or association has resided or done business for the preceding ten years; a complete list of all complaints known to the applicant which have been made by consumers concerning the applicant or any of its agents, servants, members, or employees, including the resolution, if any, of the complaints;
(2) 
In the event the applicant has moved to the city within the twelve months preceding the making of the application or lives outside the city limits, then the applicant shall provide:
(A) 
names of the last three locations (city, town, village and state) where the person or employing entity was engaged in the act of peddling;
(B) 
a list of all names under which the applicant has offered products regulated by this article for sale; and
(C) 
a list of every complaint known to the applicant about the applicant or its agents, servants, members or employees, or, if no complaints have been made, a statement that no complaints have been made.
(b) 
Each application shall be accompanied with a non-refundable investigation fee in the amount of fifty dollars ($50.00).
(c) 
Upon receiving an application, the city shall make and complete an investigation within five (5) working days based upon the information supplied and such other information as may be obtained. No application shall be approved for a person or firm with a history of unanswered complaints, abuse or fraudulent practices, or illegal activities connected with the peddling business. Based upon the information gained through the investigation or for other good cause, the city may require the applicant to post a bond with the city, with good and sufficient surety, in the amount of twenty-five thousand dollars ($25,000.00).
(d) 
Upon completion of the investigation and tender of the bond, if required, a permit shall be issued upon payment of the following permit fee:
(1) 
$15.00 per day or any part thereof for each person peddling; or
(2) 
$75.00 per month or any part thereof for each person peddling; or
(3) 
$500.00 per year or any part thereof for each person peddling.
(e) 
All peddlers licensed pursuant to this article shall have in their possession, and in the possession of any employees, the license issued pursuant to this article at all times while peddling within the limits of the city and shall produce the same when requested by a customer or law enforcement personnel.
(1993 Code of Ordinances, Chapter 5, Article 1, Sec. 5-3)
Any residence or business which shall exhibit in a conspicuous place upon or near the main entrance to the residence or business, a weather proof card, not more than three (3) inches by four (4) inches in size, containing the words “NO SOLICITORS.” The letters shall not be less than two-thirds (2/3) of an inch in height.
(Ordinance adopting Code)
No person shall peddle, solicit, hawk, sell or take orders for or offer to take orders for any item or service at a private residence in the city between the hours of 9:00 p.m. and 8:00 a.m., unless the transaction is a result of a request made to such person by the occupant of such private residence.
(Ordinance adopting Code)
This article shall be effective immediately upon passage.
(1993 Code of Ordinances, Chapter 5, Article 1, Sec. 5-4)
Exempted from the investigation and licensing requirements of this article are:
(1) 
Farmers producing products by their own skill and not having purchased them for resale shall be exempted from this article. Items being sold strictly by bona fide merchants with established permanent places of business which are selling items for resale are likewise exempted from this article.
(2) 
Non-profit organizations as defined by Internal Revenue Service regulations, and their agents, employees and representatives who do not receive money or other valuable consideration for their peddling activities in behalf of the non-profit organization.
(3) 
Any charitable organizations or PISD whose representatives do not receive money or other valuable consideration for their peddling activities on behalf of the charitable organization or PISD.
(1993 Code of Ordinances, Chapter 5, Article 1, Sec. 5-5; Ordinance adopting Code)
Any individual or employing entity who wishes to contest the information obtained in an investigation, or to request licensing without the necessity of a bond as required in Section 4.203 may request in writing a hearing before the city council, stating the reasons for such a hearing. No later than twenty-five (25) days after receipt of the written request, the council will conduct a public hearing where both the police department and the individual or employing entity shall present such information as is necessary for a full and fair hearing. The hearing will be presided over by the mayor utilizing such rules of procedures as will permit a proper hearing. Upon the conclusion of the hearing, the city council is authorized to approve the license, disapprove it, or approve it conditioned upon the posting of a bond as required in subsection (c) of Section 4.203.
(1993 Code of Ordinances, Chapter 5, Article 1, Sec. 5-6)