The following definitions shall apply to this article:
Door-to-door selling.
Going to one or more residence within the city in person or by the agent for the purpose of peddling, soliciting, or vending, who engages in a business of selling or offering for sale, food, beverages, goods, services, wares and merchandise or engages in soliciting orders for the sale of goods, services, wares and merchandise for future delivery.
Interstate commerce.
Soliciting, selling, taking orders for, or offering to take orders for any goods, wares, merchandise, photographs, magazines, or things which, at the time the order is taken, are in any federal district or territory, any commonwealth, or in any state other than Texas and shipped or introduced into the city in fulfillment of such orders.
Itinerant vendor or merchant.
Any individual, whether a resident of this city or not, who offers for sale food, beverages, goods, merchandise, delivery, or services to be performed immediately or in the future, from a certain location which is not within a building or structure. This term shall not apply to businesses that operate from within a building or structure within the city but which display or sell food, beverages, goods, or merchandise, outside the building or structure.
Merchandise.
Is used in its broadest sense and shall include property of every kind.
Motor vehicle.
Any vehicle used for displaying, storing, or transporting of articles for sale by a itinerant vendor which is required to be licensed and registered by the state department of motor vehicles. The term is to include but not be limited to trailers, trucks, buses, and automobiles.
Peddler, solicitor, canvasser.
Any individual, whether a resident of this city or not, traveling by foot, wagon, automobile, motor truck or any other type of conveyance, from place to place, from house to house, or from street to street, for the sale of goods, wares and merchandise, personal property of any nature whatsoever for future or immediate delivery, or for services to be performed immediately or in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether he or she is collecting advance payments on such sales. The word “peddler” shall not include individuals traveling to businesses, houses, or places at the invitation of the resident or owner.
Public way.
All areas legally open to public use, such as public streets, sidewalks, roadways, highways, parkways, alleys, parks, as well as the interior and areas surrounding public buildings.
Services.
Is used in its broadest sense and shall include any work done for the benefit of another person.
Special event.
Any occasion including, but not limited to, fairs, shows, exhibitions, city-wide celebrations, festivals, etc., within a specifically defined area of the city for a period of time established by the mayor or city council.
Stand.
Any newsstand, table, bench, booth, rack, handcart, pushcart, vehicle or any other fixture or device used for the display or storage of articles offered for sale by a itinerant vendor or peddler which is not required to be licensed and registered by the state department of motor vehicles. Such stands must be located at least ten (10) feet away from all property lines adjacent to a street. All stands must be removed from the property on which business is conducted each day.
Temporary.
Any such business for which definite arrangements have not been made for the hire, rental or lease of premises for at least one month, in or upon which such business is to be operated or conducted.
(Ordinance 1222, sec. I, adopted 4/18/12)
Any person, firm, or corporation violating any provision of this article or failing to observe any provisions hereof shall be deemed guilty of a misdemeanor and upon conviction shall be fined in accordance with the general penalty provided in section 1.01.009 of this code and each day or fraction of a day during which this article or any part thereof is further violated shall be deemed a separate offense and punishable as such.
(Ordinance 1222, sec. XX, adopted 4/18/12; Ordinance adopting 2022 Code)
(a) 
Prohibited.
It shall be unlawful for any peddler, solicitor or itinerant vendor to engage in business within any public way within the city.
(b) 
Exemptions.
(1) 
Itinerant vendors may locate within a designated public way in connection with a special event approved by the mayor or city council and the appropriate body organizing and implementing the special event.
(2) 
Farmers may sell agricultural products that were raised or grown by them within a public way and time designated by the mayor or city council.
(3) 
Ice cream vehicles may use the public ways provided they do not remain in one location for longer than ten (10) minutes.
(4) 
Peddlers may utilize streets and roads to travel from house to house or place to place in pursuit of their business.
(Ordinance 1222, sec. II, adopted 4/18/12; Ordinance 1222, sec. III, adopted 4/18/12)
(a) 
It shall be unlawful for any peddler or itinerant vendor of merchandise or services to go on private residential property, unless specifically requested or invited by the owner or occupant, if such private residence has posted a sign which states "no soliciting." This warning must be displayed prominently at the entrance to the residence.
(b) 
It shall be unlawful for any itinerant vendor or merchant, peddler, solicitor, or canvasser to go on private residential property between the hours of 7:00 p.m. to 9:00 a. m.
(Ordinance 1222, sec. IV, adopted 4/18/12; Ordinance adopting 2022 Code; Ordinance 1274 adopted 3/15/2023)
It shall be unlawful for any peddler or itinerant vendor to go to a business or commercial establishment for the purpose of taking orders or the selling of merchandise or services if the establishment has posted a sign which states “No Soliciting.” This warning may be displayed prominently at the entrance to the business.
(Ordinance 1222, sec. V, adopted 4/18/12)
(a) 
Required.
It shall be unlawful for any peddler or itinerant vendor to engage in business within the city without having obtained and presented a valid sales tax permit issued by the state comptroller’s office. Such license shall be prominently displayed in a conspicuous place on the premises where business is being conducted.
(b) 
Exemptions.
The following are exempt from having to present a sales tax permit:
(1) 
Farmers who sell agricultural products that were raised or grown by them.
(2) 
Nonprofit organizations
(3) 
Any other business or activity exempt by the state comptroller from collecting a state sales tax.
(Ordinance 1222, secs. VI, X, adopted 4/18/12)
The application of any vendor engaged in the sale or distribution of food or beverages shall also be referred to the state health department for approval of a valid health permit. The health permit shall be required in addition to the vending license required by this article. Such vendor’s equipment shall be subject to inspections by the health department and/or a police officer at the time of application and at periodic intervals thereafter. Such license shall be prominently displayed in a conspicuous place on the premises where business is being conducted.
(Ordinance 1222, sec. VII, adopted 4/18/12)
Each permit shall be nontransferable. No refunds shall be made on unused portions of permit. Each peddler, solicitor, or vendor shall secure a separate license.
(Ordinance 1222, sec. VIII, adopted 4/18/12)
(a) 
Stands shall not:
(1) 
Exceed 20 feet in length, 10 feet in width or 13 feet in height;
(2) 
Impede access to the entrance or driveway of any adjacent building;
(3) 
Occupy more than half of the available sidewalk width or 20 feet of such sidewalk, whichever is less.
(b) 
Hours of operation.
Except for the vending of food or drinks from a motor vehicle or other non-stationary means within construction, manufacturing or similar areas in the manner specified in subsection (g) below, vendors shall be allowed to engage in the business of vending only between the hours of 8:00 a.m. to 6:00 p.m. All vending stands must be removed during non-vending hours. When temporary vending permits are issued for special events under the provisions of this article, the applicant may request from the city an exception to the usual hours of operation and removal of stands and other vending operations during non-operating hours.
(c) 
Handicapped areas.
No vendor shall conduct business within 20 feet of any handicapped parking space or access ramp.
(d) 
Removal of trash.
All trash or debris accumulating within 50 feet of any vending stand shall be collected by the vendor and deposited in an authorized trash container. All vendors selling food or beverages must provide trash receptacles adjacent to or as a part of their stands.
(e) 
Prohibited areas.
A vending permit issued pursuant to this article is valid only on specified public ways or in public places of the city. The city shall prohibit vendors from selling on specified public ways or in public places if it determines such prohibitions are necessary for the protection of public health and safety. Vendor stands and motor vehicles are prohibited within 20 feet of a fire hydrant, fire escape, loading zone, or the driveway of a fire station, police station or hospital.
(f) 
Noise.
No vendor may sound any device, which produces a loud and raucous noise, or use or operate any loudspeaker, public address system, radio sound amplifier, or similar device to attract public attention.
(g) 
Motor vehicles.
No vendor vending from a motor vehicle shall:
(1) 
Stop, stand or park the vehicle within 20 feet of any intersection, within any other prohibited area, or during prohibited hours;
(2) 
Conduct business in such a way as would increase traffic congestion or delay, constitute a hazard to life or property, interfere with an abutting property owner, or obstruct access to emergency vehicles.
(Ordinance 1222, sec. IX, adopted 4/18/12)
It shall be unlawful for any peddler, solicitor or itinerant vendor to solicit or to engage in business within the city without first obtaining a permit from the city secretary as provided in this article. Such permit shall be prominently displayed in a conspicuous place on the premises where business is being conducted.
(Ordinance 1222, sec. XI, adopted 4/18/12)
The following are excluded from permitting provisions:
(1) 
Newspaper carriers.
(2) 
Farmers who sell agricultural products that were raised or grown by them when located within a public way and a time designated by the mayor or city council.
(3) 
Locally based, nonprofit organizations are exempt from the formal (written) permitting process; however, the same are required to provide written notification to the city secretary of the approximate dates of the fundraising campaign, the areas in which they will be selling, and a description of items to be sold.
(4) 
Peddlers and itinerant vendors operating within a designated public way in connection with a special event approved by the mayor or city council and appropriate body organizing and implementing the special event.
(Ordinance 1222, sec. XI, adopted 4/18/12)
Any peddler, solicitor or itinerant vendor desiring to engage in business within the city must file a written application for permit with the city secretary, which shall provide the following information:
(1) 
Applicant’s name, telephone number, address, birth date, physical description and either:
(A) 
Driver’s license number and state; or
(B) 
Social Security number and an official, government-issued picture identification card.
(2) 
If the applicant is peddling or making solicitations for any commercial, charitable or political organization, the name, telephone number and address of such organization.
(3) 
Full and complete list of goods or services to be sold.
(4) 
If different than or in addition to applicant, for each individual involved as a peddler or itinerant vendor: name, telephone number, address, birth date, physical description, and either:
(A) 
Driver’s license number and state; or
(B) 
Social Security number and official, government-issued picture identification card number.
(5) 
Description (year, make, type) and license plate number and state of all motor vehicles to be used in soliciting and peddling.
(6) 
A statement that the applicant has not been convicted of any felonies of any nature or any other crimes of moral turpitude in this state or any other state; and, if having been so convicted, a full statement as to the place of conviction and crime for which applicant was convicted.
(7) 
Itinerant vendors, except for special event, shall provide the following additional information:
(A) 
A letter from the owner of the property on which the itinerant vendor intends to conduct business stating that the itinerant vendor has permission to operate at that location.
(Ordinance 1222, sec. XII, adopted 4/18/12)
(a) 
A nonrefundable permit fee is required for all peddlers, solicitors and vendors not exempted by subsection (b). Permit fees shall be valid only for the specific dates paid for and indicated on the permit. Each additional date requires a separate fee. Permit fees shall be in the amount provided in appendix A of this code.
(b) 
Exemptions.
The following are exempt from the permit fee: Any individual soliciting or peddling for a philanthropic, charitable, political or religious organization provided such activity is for the sole exclusive benefit of that organization and so long as the person engaging in such activity does not receive compensation in the form of a commission, salary, or other monies paid to him for such activity.
(Ordinance 1222, sec. XIII, adopted 4/18/12; Ordinance 1222, sec. XIV, adopted 4/18/12; Ordinance adopting 2022 Code)
A copy of the application for permit will be referred to the chief of police who will undertake an investigation of the applicant’s record and background such as shall be reasonably necessary to protect the public. An applicant for permit under this article may be reasonably denied if he or she is currently wanted on warrant for arrest, or if the applicant has been convicted of a felony involving theft, fraud, bribery, perjury, or any proof is developed that false information was presented for purposes of permit issuance.
(Ordinance 1222, sec. XV, adopted 4/18/12)
(a) 
The city secretary shall review all information relevant to the issuance of a peddlers/solicitor/vendors permit and make the determination of whether said permit is granted or denied. Before any permit is denied, the city secretary shall consult the city administrator. Said determination shall be made within three (3) working days of the filing of an application or registration information. If the city secretary and the chief of police find that all of the conditions precedent to the issuance of an itinerant vendor permit has been met and the applicant is qualified to receive a permit, the city secretary shall issue the permit. Permits will be issued for a period of dates specified and, upon a showing by the applicant of necessity, the city secretary may approve an issuance of a permit for a period not to exceed one year.
(b) 
Any changes to agents or itinerant vendors must be submitted as an addendum to the original application and subject to the same permit fees and investigation. Failure to register new agents will be grounds for cancellation of the nonrefundable permit.
(Ordinance 1222, sec. XVI, adopted 4/18/12)
(a) 
Solicitors requiring cash deposits or payment for future delivery or who require a contract of agreement to finance the sale of goods or services for future delivery, or for services to be performed in the future, shall furnish to the city a valid bond with the application in the amount listed below. This bond is to be signed by the applicant and surety company authorized to do business in the state, conditioned:
(1) 
For the final delivery of goods or services in accordance with the terms or any order obtained;
(2) 
To indemnify purchasers for defects in material or workmanship that may exist in the goods sold and that are discovered within 30 days after delivery; and
(3) 
For the use and benefit of persons, firms, or corporations that may make a purchase or give an order to the principal of the bond or to the agent or employee of the principal of the bond.
(b) 
If the applicant is a person, firm, or corporation engaging in solicitation activities through one or more agents or employees, only one bond is required for the activities of all the agents or employee solicitors.
(1) 
The amount of the bond is determined by the number of solicitors acting as agents or employees of the same person, firm, or corporation with a $1,000.00 bond to be posted for each such person.
(Ordinance 1222, sec. XVII, adopted 4/18/12)
After the registration provided for in this article has been issued, the city administrator or his/her duly authorized representative may revoke such registration if it is found that:
(1) 
The registration was obtained by false representation;
(2) 
The holder of the registration has violated any ordinance of the city, or any law of the state in connection with any soliciting by such holder or in connection with the collecting or attempted collection of any account due to such registration holder or his employer or in connection with the repossession or attempted repossession of goods sold;
(3) 
The holder of the registration is convicted of a felony or misdemeanor involving a sexual offense, assault, possession or sale of a controlled substance, or any violent act against person or property. Also any judgment based upon or conviction for fraud, deceit, or misrepresentation or involving moral turpitude; or
(4) 
If the holder of registration has endangered the health or safety of a citizen of the city.
(Ordinance 1222, sec. XVIII, adopted 4/18/12)
If the applicant for a permit under this article or the holder of such permit is dissatisfied with any holding or finding of the city secretary, he or she shall have the right to appeal to the city council by filing a written notice of such appeal with the city secretary within ten (10) days from the making and filing of such decision of the city secretary. Upon filing of such notice of appeal, the application for the permit and all papers possessed by the city secretary in connection with such application and such permit shall be delivered to the city council, and such matter as may be in controversy shall be heard by the mayor and city council at its next available scheduled meeting after the filing of the notice of appeal.
(Ordinance 1222, sec. XIX, adopted 4/18/12)