Interstate commerce
means soliciting, selling, or taking orders for or offering to take orders for any goods, wares, merchandise, photographs, newspapers or magazines, and subscriptions to newspapers or magazines, which at the time the order is taken are in another state, or will be produced in another state, and which are introduced into this city in the fulfillment of such orders.
Merchandise
includes, but is not limited to, any articles or subjects of commerce or trade, goods, commodities, products, wares, or any other item of personal property to be sold, exhibited, or offered for sale.
Solicitor
means any person who shall solicit to sell, attempt to sell, or accept orders for or subscriptions to any book, magazine, or periodical, or for any merchandise when delivery is to be made in the future.
Temporary
means any act of vending or soliciting transacted or conducted in the city upon the premises for which definite arrangements have not been made in writing for at least thirty (30) days for the purpose of transacting or conducting such business of vending or soliciting.
Vendor
means any person who engages in a temporary business in the city of selling, exhibiting, or offering or soliciting for sale any merchandise, including:
(1) 
Any person who engages in such business upon or from a truck or other vehicle within the limits of the city;
(2) 
Any person who hires, rents, leases or occupies any room or space in any building, structure, enclosure, vacant lot or any other property whatsoever in the city, in, through or from which any merchandise may be sold, offered or exhibited for sale; or
(3) 
Any person who carries any merchandise with him, whether such merchandise is carried on foot or motor vehicle, or other conveyance whatsoever, from place to place, or from house to house, within the city, exhibiting or offering his own or his principal’s merchandise for sale, and who then and there sells and delivers it to other persons or dealers.
(Ordinance 159 adopted 2/14/89; 1986 Code, sec. 4.1)
Any person, firm or corporation violating this article shall be guilty of a misdemeanor, and upon conviction be fined in accordance with the general penalty provided in section 1.01.009 of this code, each and every day or fraction of day during which this article is violated shall be a separate offense and punishable as such.
(Ordinance 159 adopted 2/14/89; 1986 Code, sec. 4.17; Ordinance adopting 2017 Code)
(a) 
All vending or solicitations to private residences, including but not limited to homes, duplexes, rooming houses and apartments, shall occur between the hours of 9:00 a.m. and 8:00 p.m., unless otherwise posted by the private property owner or by someone with apparent authority to act for the owner. This regulation does not apply where the vendor or solicitor is on the property by express prior invitation of the person residing on the premises.
(b) 
No person shall solicit or engage in the trade of a vendor on any public streets or rights-of-way or from medians in the streets, in a manner which blocks, impedes, obstructs or unduly hinders passage on public streets and rights-of-way.
(c) 
Solicitors or vendors shall not block, obstruct or unduly hinder passage on public sidewalks or passageways.
(d) 
It shall be unlawful for any person to violate any provision of this section.
(Ordinance 159 adopted 2/14/89; 1986 Code, sec. 4.2)
A solicitor or vendor shall not:
(1) 
Make physical contact with the person being solicited unless that person’s permission is obtained;
(2) 
Misrepresent the purpose of the solicitation or offer to sell;
(3) 
Misrepresent the affiliation of the vendor or solicitor;
(4) 
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 or solicitor;
(5) 
Represent the issuance of any permit or registration under this article as an endorsement or recommendation of the sale or solicitation;
(6) 
Refuse to leave the premises owned or under the control of another after having been notified by said person to leave the same; or
(7) 
Solicit at private residences at any time other than between the hours of 9:00 a.m. and 8:00 p.m., or such other hours for solicitation posted by the private property owner or by someone with apparent authority to act for the owner.
(Ordinance 159 adopted 2/14/89; 1986 Code, sec. 4.3)
No person under twelve (12) years of age shall solicit, nor shall any organization holding a permit to solicit allow persons under twelve (12) years of age to solicit. No permit may be issued in the name of any person under the age of eighteen (18) years.
(Ordinance 159 adopted 2/14/89; 1986 Code, sec. 4.4)
No person shall engage in, transact, or conduct the business or occupation of a solicitor or vendor, as herein defined, either as principal or as agent, servant or employee of any other person, without first having obtained a permit therefor, unless such person is exempt, under the provisions of this article, from having to obtain such a permit. The provisions of this article shall not apply where the solicitation is for a charitable, educational, patriotic, philanthropic or religious purpose. A permit is not required where the solicitor is on the property by express prior invitation of the person residing on such premises.
(Ordinance 159 adopted 2/14/89; 1986 Code, sec. 4.7)
The permit required by this article for the issuance of a permit under the provisions of this article [sic] shall not be required of the following:
(1) 
Ordinary commercial travelers who sell or exhibit for sale goods, wares or merchandise to persons engaged in the business of buying, selling and dealing in the same within the city.
(2) 
Persons offering for sale agricultural products, meats, poultry or other articles of food.
(3) 
Persons operating under licenses granted by a state agency.
(4) 
Persons offering for sale or selling newspapers or subscriptions to newspapers.
(5) 
Persons offering for sale or selling any merchandise for the purpose of raising funds for a charitable or religious organization; provided, however, this exemption shall not apply if any such person is paid to conduct such sales or receives any portion of the sales price therefor.
(Ordinance 159 adopted 2/14/89; 1986 Code, sec. 4.9)
(a) 
Any person desiring to engage in, transact or conduct the business or occupation of a solicitor or vendor within the city shall file a written application for a permit to do so with the city manager, which application shall show:
(1) 
The name and address of the applicant; if the applicant is an association, company or corporation, then it shall state its name along with the names of the persons who will be soliciting or vending in the city;
(2) 
The name and address of the employer or firm which such applicant represents;
(3) 
If the applicant is a corporation, or if the individual is employed by a corporation, the date and place of incorporation;
(4) 
The names of other communities in which the applicant has worked as a solicitor or vendor in the past twelve (12) months, and if he was employed by a different company in the other communities, the name of those companies shall also be stated;
(5) 
The nature of merchandise to be sold or offered for sale or the nature of the services to be furnished;
(6) 
Whether such applicant upon any such order so obtained will demand, accept, or receive payment or deposit of money in advance of final delivery;
(7) 
The period of time such applicant so wishes to act as a solicitor or vendor in the city;
(8) 
An outline of the method or methods to be used in conducting the business of the solicitor or vendor;
(9) 
A physical description of the applicant which includes race, sex, height, weight, hair and eye color, date of birth, driver’s license number and the name of the state issuing the driver’s license, or other identification acceptable to the city manager; and
(10) 
Where required by law, a current Texas sales tax permit.
(b) 
Such applicant shall also show satisfactory proof of his authority to represent the company or individual such applicant states that he represents, and such proof shall be in writing.
(c) 
Where any individual, association, company or corporation will be represented by more than fifteen (15) individuals serving as solicitors or vendors, said individual, association, company or corporation may apply for a master permit. The application for this master permit will include all the information requested in subsection (a) above, except subsections (a)(4) and (a)(9). The applicant will maintain at all times a list containing the names and addresses of the individuals soliciting or vending under the master permit. This list will be made available to the city manager or his designee upon request during regular business hours.
(d) 
Each application shall be accompanied by a nonrefundable fee as set forth in the fee schedule in appendix A of this code. No permit hereunder shall be issued until such fee has been paid by such applicant. No fee shall be required of any person engaged in interstate commerce.
(e) 
A permit applied for under this article shall be issued by the city manager three (3) working days after the application is completed and any required bond is filed, unless it is determined that the applicant has provided false information on his application.
(f) 
A permit requested under this article shall be issued for the length of time requested, not to exceed twelve (12) months. Upon expiration of one permit, the solicitor or vendor may apply for a new permit in the manner prescribed by this section.
(Ordinance 159 adopted 2/14/89; 1986 Code, sec. 4.8; Ordinance adopting 2017 Code)
(a) 
Upon receipt of the application and such other information required by this article, the city manager shall cause such investigation to be made as he deems necessary for the protection of the public good.
(b) 
The following shall be grounds for disapproval of an application for a permit under this article:
(1) 
An applicant is under eighteen (18) years of age;
(2) 
An applicant is overdue in the payment to the city of any taxes, fees, fines, or penalties;
(3) 
An applicant has failed to answer or falsely answered a question or request for information on the application form provided;
(4) 
An applicant, his employees, and agents, individually or cumulatively, have been convicted of two (2) violations of any provision of this article within two (2) years immediately preceding the application. A plea of “guilty” or “no contest” in any court of law, including a municipal court, shall constitute a conviction for the purposes of this section;
(5) 
The required permit fee has not been paid;
(6) 
An applicant has failed to comply with any applicable laws;
(7) 
An applicant, his employees, or agents, individually or cumulatively, have been convicted of any felony or any offense involving moral turpitude within two (2) years immediately preceding the application. A plea of “guilty” or “no contest” in any court of law shall constitute a conviction for purposes of this section.
(c) 
The city manager shall endorse upon the application his disapproval and his reason for same and shall notify the applicant that his application is disapproved and that no license shall be issued.
(Ordinance 159 adopted 2/14/89; 1986 Code, sec. 4.10)
(a) 
Where the application for a permit to act as a vendor or solicitor in the city shows that the applicant will not demand, receive or accept payment and/or deposit of money in advance of final delivery of such goods, wares, merchandise or articles to be sold and/or solicited by such applicant, it shall be the duty of the city manager to issue to such applicant a permit to solicit, sell, and take orders for such goods, wares, merchandise, and/or articles set out in such applicant’s application within three (3) working days of the completion of the application and upon the payment of the fees required by section 4.02.033(d).
(b) 
If the application for such permit shows that such applicant shall receive, demand or accept payment and/or deposit of money in advance of final delivery of goods, wares, merchandise, services or any thing of value sold, then such application shall be accompanied by a bond in the penal sum of two thousand dollars ($2,000.00) for an individual permit or five thousand dollars ($5,000.00) for a master permit, executed by such applicant as principal and a surety company licensed to do business as such in the state. Such bond is to be conditioned upon making final delivery of such goods, wares, merchandise, services or any thing of value in accordance with the terms of such order and/or orders obtained and which bond shall be used for the benefit of all persons, firms or corporations who may pay in advance or make any advance deposit on the purchase of said orders and said bond shall so stipulate in its terms. No bond shall be required of any person engaged in interstate commerce.
(Ordinance 159 adopted 2/14/89; 1986 Code, sec. 4.11)
(a) 
Individual permit.
Along with every individual permit issued under the provisions of this article, the permittee shall be issued a card which shall be wallet size and contain the following information: name of permittee, permit number, date of expiration of permit and the signature of the city manager. Such card shall be stamped with the seal of the city on the face thereof. It shall be unlawful for the permittee to engage in his business without having such card in his possession, and it shall further be unlawful for such permittee to fail or refuse to show or display such card upon the request of any person demanding the same.
(b) 
Master permit.
Where a master permit is issued, the applicant shall provide its solicitors with identification cards showing who the solicitor is, who he is working for and where the association, company or corporation has its place of business.
(Ordinance 159 adopted 2/14/89; 1986 Code, sec. 4.12)
Any permit issued under the provisions of this article shall be personal to the applicant and shall not be assigned or transferred to any other person, firm, corporation or association. Any attempted assignment or transfer shall render the permit void.
(Ordinance 159 adopted 2/14/89; 1986 Code, sec. 4.5)
(a) 
Where, after issuance of any permit under the provisions of this article, it is determined that the applicant has knowingly given false or misleading information on his application, any permit issued upon his application shall be revoked.
(b) 
Where a solicitor or vendor holding some permit is convicted of theft or fraud or a violation of any state penal law in connection with the solicitation for which the permit was issued, that person’s permit shall be revoked.
(c) 
Where a solicitor or vendor holding some permit under this article violates any provision of this article, that person’s permit shall be revoked.
(Ordinance 159 adopted 2/14/89; 1986 Code, sec. 4.6)
Should an applicant be denied a permit or have a permit revoked, he may appeal that action to the city council by submitting a letter to the city manager’s office within ten (10) days of the action complained of. A hearing on the denial will then be scheduled to be held within fifteen (15) days of the date of receipt of the notice of appeal. The city mayor will render a decision on the appeal within ten (10) days of said hearing.
(Ordinance 159 adopted 2/14/89; 1986 Code, sec. 4.13)