The following words and phrases, when used in this article shall have the meanings ascribed to them by this section, except where the context indicates otherwise:
Canvass.
For the purposes of this article, to examine or discuss in detail; to make subject of discussion or debate; go through places or among people asking, requesting or engaging for vote/opinions concerning religious, political, or other topics of public concern but in no event shall be construed to mean solicitation of funds or soliciting merchandise as provided herein.
Charitable purpose.
Philanthropic, religious or other nonprofit persons; the benefit of any church or religious society, sect, group or order; the benefit of a patriotic or veterans’ association or organization; the benefit of any fraternal, social or civic organization, or the benefit of any educational institution. “Charitable purpose” shall not be construed to include any direct benefit to the individual making the solicitation, or to include the benefit of any political group or political organization which is subject to financial disclosure under state or federal law.
Consumer.
An individual who seeks or acquires real or personal property, services, money, or credit for personal, family or household purposes.
Consumer transaction.
A sales transaction in which one or more of the parties are a consumer.
Handbill.
Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter or literature.
Handbill distributor.
Any person engaging or engaged in the business of distributing handbills, other than newspapers distributed to subscribers thereof, and any person not compensated or compensated directly or indirectly for the distribution of such handbills.
Handbill sponsor.
Any person, firm or corporation who utilizes handbills as a medium of advertising or spreading a message.
Home solicitation.
Canvassing or soliciting in person or by telephone call from house to house for the purposes of selling or attempting to sell goods, merchandise, wares, services or anything of value or to take or attempt to take orders for the future delivery of goods, merchandise, wares, or any personal property of any nature whatsoever, or to take or attempt to take orders for services to be furnished or performed in the future.
Home solicitation transaction.
A consumer transaction for the purchase of goods, services, or realty, payable in installments or in cash, in which the peddler engages in a personal solicitation of the sale to the consumer at a residence, in person or by telephone, and the consumer’s agreement or offer to purchase is given at the residence to the peddler in person or by telephone. A home solicitation transaction shall not include 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 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.
Individual.
A natural person.
Itinerant vendor.
Any person who sets up and operates a temporary business on privately owned property, whether improved or unimproved, in the city, soliciting, selling, or taking orders for, or offering to sell or take orders for any goods or services. A temporary business is one that continues for forty-five (45) days or less and exists whether solicitation is from a stand, vehicle, or freestanding. Any business that exists more than forty-five (45) days shall be deemed to be a permanent occupancy and is required to obtain a certificate of occupancy from the city.
Peddler, solicitor, or person.
Any individual, firm, company, partnership, corporation, association, trust, society, religious sect, organization, league, or other legal entity and includes any trustee, receiver, assignee, agent, or similar representative.
Person.
An individual, corporation, trust, partnership, association, or any other legal entity.
Public right-of-way.
The traveled portion of a roadway, traffic medians and the area that is within 10 feet of the curbline. In absence of a curbline, the area within 10 feet of the shoulder of a road or highway.
Residence.
Any separate living unit occupied for residential purposes by one or more person, contained within any type of building or structure.
Residential street.
A thoroughfare, collector or local street abutting residential property.
Solicit funds or solicitation of funds.
Any home solicitation transactions; any request for the donation of money, property, or anything of value, or the pledge of a future donation of money, property, or anything of value; or the selling or offering for sale of any property, real or personal, tangible or intangible, whether of value or not, including, but not limited to, goods, books, pamphlets, tickets, publications or subscriptions to publications. Expressly excluded from the meaning of “solicit funds” or “solicitation of funds” is any offer of membership in any organization. A solicitation of funds is complete when the solicitation is communicated to any individual then located within the corporate limits of the city.
Solicitation, soliciting, solicited or any other form of the word solicit.
The act of asking, begging, bartering, pleading or communicating in any other such manner, whether orally, by written and or printed material including but not limited to handbills or leaflets, hand signing or by any other method, direct or implied, by an individual or group of individuals for the purpose of educating, promoting, receiving or obtaining money, alms, gifts or items of value, real or intrinsic for said individual or group of individuals, or for profit organization, a non-profit organization, joint venture, joint stock company, partnership, club, company, corporation, business, trust, establishment, religious institution or religion association, or any other organization or affiliate thereof, and includes a home solicitation and home solicitation transaction.
(Ordinance 120605A, sec. 1, adopted 6/5/2012)
Any person, or persons, found in violation of, or failing to comply with any provision of this article shall be fined, upon conviction, in accordance with section 1.01.009 of this code, for each offense. Each day any violation or noncompliance continues shall constitute a separate offense.
(Ordinance 120605A, sec. 22, adopted 6/5/2012; Ordinance adopting Code)
(a) 
Except as hereinafter provided, it shall be unlawful for any person to peddle, solicit, hawk, sell or take orders for or offer to take orders for any item or service at any residence which shall exhibit in a conspicuous place upon or near the main entrance to the residence containing the words “NO SOLICITORS.” The letters shall be not less than two-thirds (2/3) of an inch in height and should be displayed on a weatherproof card not less than three (3) inches by four (4) inches in size.
(b) 
Every peddler or other person intending to engage in a charitable or noncharitable solicitation, place handbills, or canvass, going onto any premises upon which a residence is located shall first examine the residence to determine if any notice prohibiting soliciting is exhibited upon or near the main entrance to the residence. If notice prohibiting soliciting is exhibited, the peddler shall immediately depart from the premises unless the visit is the result of a request made by the occupant.
(c) 
No person shall go upon any residential premises and ring the doorbell, or rap or knock upon the door, or create any sound in a manner calculated to attract the attention of the occupant of the residence, for the purposes of securing an audience with the occupant and engaging in or attempting to engage in a charitable solicitation, non-charitable solicitation or home solicitation transaction, or place handbills, or canvass if a card as described in subsection (a) of this section is exhibited in a conspicuous place upon or near the main entrance to the residence, unless the visit is a result of a request by the occupant.
(d) 
A person engaged in a charitable or non-charitable solicitation shall not:
(1) 
Misrepresent the purpose of the solicitation or offer to sell.
(2) 
Misrepresent the affiliation of the vendor or solicitor.
(3) 
Continue efforts to sell to or solicit from an individual once that individual informs the vendor or solicitor that he does not wish to give anything to or to buy anything from that vendor, peddler or solicitor.
(Ordinance 120605A, sec. 2, adopted 6/5/2012)
The provisions of this article do not apply to a public utility company, or other person(s) engaged in canvassing as defined herein, or any other person operating under a franchise agreement.
(Ordinance 120605A, sec. 3, adopted 6/5/2012)
(a) 
It shall be unlawful for any peddler to engage in the business of peddling within the city between the hours of one-half (1/2) hour before sunset and 9:00 a.m. the following morning. There shall be no solicitations on Sunday, New Years Day, Fourth of July, Memorial Day (observed), Labor Day (observed), Thanksgiving, or Christmas Day.
(b) 
This section does not apply if the solicitor is on the property by prior invitation of the resident or occupant of the premises.
(Ordinance 120605A, sec. 4, adopted 6/5/2012)
(a) 
A person may solicit in or upon the public right-of-way, except those areas prohibited in this article, provided such person has obtained a permit or is a member of an organization that has obtained a permit.
(b) 
Solicitation in the public right-of-way shall be conducted only during the hours from 9:00 a.m. to one-half (1/2) hour before sunset as prescribed in section 4.03.005, Hours of operation.
(c) 
It shall be unlawful for a person younger than eighteen (18) years of age to solicit in the public right-of-way.
(d) 
It shall be unlawful for a solicitor at any time to enter or remain in the traveled portion of the roadway of residential streets so that their presence impedes the flow of traffic.
(e) 
It shall be unlawful for a person to solicit in the public right-of-way that is within one thousand (1,000) feet of any public or private elementary or secondary school between the hours of 7:30 a.m. and 4:30 p.m. on days when such school is in session. The measurement of the distance shall be from the nearest property line of the public or private elementary or secondary school.
(f) 
Persons conducting solicitations shall, at all times during which solicitations are being conducted, wear a traffic safety vest.
(Ordinance 120605A, sec. 5, adopted 6/5/2012)
It shall be unlawful for any person to solicit, at any time, in the public rights-of-way, or within one thousand (1,000) feet of the following intersections: Main and Broadway, Main and Columbus, Main and Pine, Main and Spruce; or any other interstate highway, state highway or farm to market road in the city.
(Ordinance 120605A, sec. 6, adopted 6/5/2012)
It shall be unlawful for any person to paste, stick, or place any advertisement, handbill, placard, printed, pictures or written matter or any device for advertising purposes upon any fence, railing, sidewalk, telephone, electric light or public utility pole, or other public property, or to knowingly permit the same to be done.
(Ordinance 120605A, sec. 7, adopted 6/5/2012)
The city secretary shall maintain a list of persons within the city who restrict visits to their residential property (including their leasehold in the case of a tenant) by peddlers, solicitors and canvassers. The city secretary may provide a form to assist residents, and this form may allow the resident to select certain types of visits that the resident finds acceptable while refusing permission to others. This “no visit” list shall be a public document, and available for public inspection and copying. A copy of the “no visit list” shall be provided to each applicant for and each recipient of a permit.
(Ordinance 120605A, sec. 21, adopted 6/5/2012)
(a) 
No person, directly or through an agent, shall solicit in person from house to house in the city to sell or attempt to sell goods, merchandise, wares, services, or anything of value or to take or attempt to take orders for the future delivery of goods, merchandise, wares, or any personal property of any nature whatsoever or take or attempt to take orders for services to be furnished or performed in the future, without first having obtained a written permit or to solicit funds for charitable purposes without first having registered with the city.
(b) 
It shall be unlawful for any person to engage in business as an itinerant vendor, peddler or solicitor within this city without first obtaining a permit to do so.
(Ordinance 120605A, sec. 8, adopted 6/5/2012)
(a) 
The application for a permit for a peddler or itinerant vendor required by the provisions of this article shall state or contain the following:
(1) 
A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any state or federal law or municipal article or code; the nature of the offense; the punishment or penalty assessed therefor, if previously convicted; and the place of conviction.
(2) 
Whether the applicant, upon any sale or order, shall demand, accept or receive payment or deposit of money in advance of final delivery.
(3) 
The period of time the applicant wishes to engage in business within this city.
(4) 
The local and permanent address of the applicant.
(5) 
The local and permanent address and the name of the person, if any, that the applicant represents.
(6) 
The kind of goods, wares, merchandise or services in which the applicant wishes to engage in such business within the city.
(7) 
The last five (5) cities or towns wherein the applicant has worked before coming to this city.
(8) 
Such other relevant information as may be required for the investigation of the applicant.
(b) 
A person who desires to solicit within the city shall make written application with the city’s police department on a form provided by the city. Such application shall contain at a minimum the following:
(1) 
The full and legally recognized names and any associated aliases, logos, nicknames, and abbreviated names of the entity or person applying for the permit;
(2) 
Whether the person applying is an individual, partnership, corporation or association; and
(A) 
The business or residence address and telephone number of the applicant;
(B) 
If a partnership, the names of all partners and the principal business address and telephone number of each partner;
(C) 
If a corporation, the person applying shall state whether it is organized under the laws of this state or is a foreign corporation, and must include the mailing address, business address, telephone number, name of the individual in charge of such corporation, and, if a foreign corporation, the place of incorporation;
(D) 
If an association, the application shall state the association’s principal business address and telephone number, if any, and shall state the names and principal business or residence addresses and telephone numbers of all members of the association unless in excess of ten (10) members, in which event the application shall so state and the application must contain the name and principal business or residence addresses and telephone numbers of the officers and directors or trustees of the association. If the association is a part of a multi-state organization or association, the application shall state the mailing address and business address of its central office, in addition to the mailing address and business address of the local office;
(3) 
The names, mailing address and telephone number of all individuals who will be in direct charge or control of the solicitation;
(4) 
The time period and dates during which the solicitation is to be made the date of the commencement of solicitation and its projected conclusion, and how often the applicant will solicit during the year;
(5) 
A description of the methods and means by which the solicitation is to be accomplished;
(6) 
Any other information which the city deems necessary for the administration of this article.
(c) 
The application must be signed by the applicant, if the person applying is an individual; or the applicant is a partnership, by the partner charged with disbursing funds solicited; if a corporation or an association, by the officer charged with disbursement of the funds solicited. The individual signing the application shall sign the application and swear before an officer authorized to administer oaths that such person has carefully read the application and that all the information contained therein is true and correct.
(d) 
The application information provided by applicant will be subject to verification by the police department.
(e) 
The application shall also contain satisfactory written proof of the individual’s authority to represent the applicant.
(f) 
The application must be accompanied by a copy of a valid state sales tax certificate, if applicable.
(Ordinance 120605A, sec. 9, adopted 6/5/2012)
At the time of filing of an application for a permit required by this article, the applicant shall present his driver’s license or state-issued identification card to the chief of police.
(Ordinance 120605A, sec. 10, adopted 6/5/2012)
It shall be unlawful for any person to give any false or misleading information in connection with his application for a permit or registration certificate with the city.
(Ordinance 120605A, sec. 11, adopted 6/5/2012)
At the time of making application for a permit required by this article, the applicant shall submit to fingerprinting and photographing by the chief of police.
(Ordinance 120605A, sec. 12, adopted 6/5/2012)
Before any permit shall be issued under the provisions of this article, the applicant therefor shall pay a fee as set by the city council and on file in the office of the city secretary.
(Ordinance 120605A, sec. 13, adopted 6/5/2012)
A permit fee shall not be required of:
(1) 
Duly authorized, nonprofit charitable organizations, which are registered as such with the Texas secretary of state.
(2) 
Any person, entity or organization soliciting for a charitable purpose as defined herein.
(3) 
Individuals operating under a license granted by this state.
(Ordinance 120605A, sec. 14, adopted 6/5/2012)
No permit shall be issued under the provisions of this article until the applicant shall have complied with all the provisions and requirements of this article.
(Ordinance 120605A, sec. 15, adopted 6/5/2012)
(a) 
No peddler or solicitor’s permit shall be issued to a corporation, partnership or other impersonal legal entity, but each individual person engaging in the business of peddling or soliciting within the city shall be required to have a permit whether acting for himself or as an agent or representative of another.
(b) 
A permit or registration issued under the provisions of this article shall not be assigned or transferred to any person, corporation, association, or other entity. Any attempt to assign or transfer a permit or registration issued by the city shall be cause for revocation.
(Ordinance 120605A, sec. 16, adopted 6/5/2012)
Each permit issued under the provisions of this article shall be signed by the appropriate authority, shall be dated as of the date of its issuance, and shall state the duration or term of such permit on the face thereof. Any permit not dated and signed as herein provided, or which was issued in violation of this section shall be void.
(Ordinance 120605A, sec. 17, adopted 6/5/2012)
Every itinerant vendor, peddler or solicitor having a permit issued under the provisions of this article and doing business within the city shall display his permit upon the request of any person and failure to do so shall be deemed a misdemeanor.
(Ordinance 120605A, sec. 18, adopted 6/5/2012)
Except as herein provided, every permit issued under the provisions of this article shall be valid for the period of time stated therein, but in no event shall any such permit be issued for a period of time in excess of thirty days. Permits issued to any person, entity or organization soliciting for a charitable purpose as defined herein shall be valid for period of one (1) year.
(Ordinance 120605A, sec. 19, adopted 6/5/2012)
(a) 
Failure to comply with any of the provisions of this article shall constitute grounds for revocation of any permit or registration issued in accordance with the provisions of this article. Written notice of revocation shall be given to the person by registered or certified mail.
(b) 
Any person whose application for a permit or registration has been denied or whose registration or permit is revoked may appeal such action to the city council by submitting a written request to the city secretary’s office within ten working days after denial or revocation as the case may be. A hearing shall be held within 15 working days after the date of the receipt of the notice of appeal. The city council designee shall render a decision within one day of the hearing. The decision of the city council shall be final.
(Ordinance 120605A, sec. 20, adopted 6/5/2012)