This entire article is and shall be deemed an exercise of the police power of the state, and of the city, for the public safety, comfort, convenience and protection of the city and citizens of the city, and all of the provisions hereof shall be construed for the accomplishment of that purpose. After the passing of this article it shall be unlawful for any person to go in or upon the premises of a private residence or business office in the city unless requested or invited so to do by the owner or occupant thereof for the purpose of soliciting orders for the sale of goods, wares, merchandise, services, photographs, newspapers, magazines, or subscriptions to newspapers or magazines.
(Ordinance 985 adopted 4/22/97; 1972 Code, sec. 20-1)
Itinerant merchant
means a person or the agent, consignee, or employee of a person, engaged in the temporary business of moving stocks of goods or samples of goods into the city for the purpose of selling or offering for sale or taking orders for the sale of such goods with the intention of removing such samples or the unsold portion of such goods away from the city before the expiration of thirty (30) days from the date such goods were first moved into the city.
Peddler
means and includes a person, or the agent, consignee, or employee of a person, who carries goods upon a truck or other vehicle on the streets of the city for the purpose of exhibiting, selling, or offering for sale such goods from such truck or other vehicle or who within the city goes from door to door of residences, offices or places of business to display, sell, offer for sale, or take orders for the sale of goods or to exhibit brochures, sales literature or price lists for the purpose of taking orders for the sale of goods.
Solicitor
is defined to mean a person or group of persons acting individually or jointly to solicit donations of money for any purpose from members of the public.
Transient vendor
means and includes a person, or the agent, consignee or employee of a person, who within the city engages in the temporary business of exhibiting, delivering, selling or offering for sale any goods or exhibiting brochures, sales literature, or price lists for the purpose of taking orders for the sale of goods.
(Ordinance 985 adopted 4/22/97; 1972 Code, sec. 20-2; Ordinance 1306 adopted 2/28/2023)
(a) 
Any group, person, organization or corporation that fails to obtain the registration and conducts a solicitations campaign shall be in violation of this article. Such violation shall constitute a misdemeanor and upon conviction thereof be punishable by a fine in accordance with the general penalty provided in section 1.01.009 of this code.
(b) 
The police department for the city shall enforce this article.
(Ordinance 985 adopted 4/22/97; 1972 Code, sec. 20-16; Ordinance adopting 2023 Code)
Before any person, whether residing within or without the city limits, engages in the activity of a itinerant merchant, peddler, solicitor, or transient vendor within the city, such person shall first obtain from the city manager or his designated representative a license to engage in such activity. For the purposes of this chapter itinerant merchant, peddler, solicitor, or transient vendor will be referred to as vendors. Any such license granted to any person is issued with the express provision that the licensee shall not make any false or fraudulent representation as to the goods to be sold or his authority to sell such goods, or as to the purpose for which donations are to be solicited. A separate license and application shall be required for each person who engages in the activities described in section 5.03.002, including each employee, agent or consignee who engages in such activity.
(Ordinance 985 adopted 4/22/97; 1972 Code, sec. 20-3; Ordinance 1306 adopted 2/28/2023)
The application for a vendor's license shall contain all information relevant and necessary to determine whether a particular license may be issued, including, but not limited to:
(1) 
Full name, home address, permanent business address (if any), telephone number, valid driver's license and number, three (3) copies of a current full-face photograph, and proof of identity, up-to-date photo ID of every person associated with activity;
(2) 
A brief description of the nature, character, and quality of the food, beverages, goods, or merchandise to be sold, or the nature or purpose for which donations will be sought;
(3) 
The specific location, if any, in which the vendor intends to conduct business and written permission from land owner where items are to be sold;
(4) 
If vendor is employed by or is an agent of another, the name and business address of the principal/hiring person, firm, association, organization, company or corporation;
(5) 
If a motor vehicle is to be used in the vending business, a description of the vehicle together with the motor vehicle registration number and the license number and copies of current liability insurance certificate;
(6) 
A complete listing of any other licenses or permits issued to applicant by the city within the past five (5) years;
(7) 
Application must be submitted with signature and approval of state comptroller's office regarding current state sales tax permit status, if applicable.
(Ordinance 985 adopted 4/22/97; Ordinance 1164, sec. 1, adopted 6/12/12; 1972 Code, sec. 20-4; Ordinance 1306 adopted 2/28/2023)
(a) 
Health permit.
(1) 
The application of any vendor engaged in the sale of food or beverages shall also be referred to the department of state health services for approval of a health permit in addition to the regular vending license.
(2) 
Each applicant who proposes to sell or offer for sale goods consisting of any raw, cooked, or processed edible substances, ice, beverage, or ingredient used or intended for use of for sale in whole or in part for human consumption shall attach a copy of a valid health permit issued by the department of state health services.
(b) 
Sales tax permit.
If the state statute requires that sales tax must be paid upon the purchases of such goods as the applicant proposes to offer for sale, the application for license shall be accompanied by a valid sales tax permit issued by the office of the comptroller of public accounts of the state.
(Ordinance 985 adopted 4/22/97; 1972 Code, sec. 20-5)
Not later than thirty (30) days after the filing of a completed application for a vendor’s license, the applicant shall be notified in writing by the license officer of the decision on the issuance or denial of the license. If the vendor applicant complies with all application requirements and is found to have no nonconformities rationally related to sales on public ways in the city, then the applicant shall be issued a vendor’s license. Any applicant denied a vending license may seek an appeal pursuant to section 5.03.012. A vending license is valid for a period of fifteen (15) calendar days from the date of issuance.
(Ordinance 985 adopted 4/22/97; Ordinance 1164, sec. 1, adopted 6/12/12; 1972 Code, sec. 20-6)
Vendors wishing to conduct business at any special event shall apply to the city for a temporary vending license. Application for such a license must be made at least ten (10) days prior to the beginning of the event. The license is valid only for the duration of the special event. Fees for such licenses shall be as specified in section 5.03.010. Vendors granted a temporary license are subject to the same operating regulations as other vendors, except where otherwise specified.
(Ordinance 985 adopted 4/22/97; 1972 Code, sec. 20-7)
The following vendors are exempt from the licensing requirements of section 5.03.004 but shall otherwise be required to comply with the provisions of this chapter:
(1) 
All local school groups.
(2) 
The sale of fresh produce by the grower of such produce.
(3) 
Vendors, merchants, exhibitors, and salesmen who exhibit, demonstrate, or solicit orders for goods in conjunction with, and as part of, the organized program of conventions, professional meetings, seminars, etc.
(Ordinance 985 adopted 4/22/97; 1972 Code, sec. 20-8; Ordinance 1306 adopted 2/28/2023)
(a) 
Each applicant for a license as provided in this article shall pay to the city a service fee in the amount of two hundred dollars ($200.00) cash, which is refunded at fifty (50) percent if applicant is not approved. Vendors granted temporary vending licenses for special events shall pay a fee of five dollars ($5.00) per day of vending permitted. Fees will be deposited in the general fund of the city and are to be used in defraying the expenses of administering the article.
(b) 
The fee may be waived for an applicant who is a religious, nonprofit, or charitable organization upon showing of proof that the person or entity represented by that person presently maintains nonprofit status with the Internal Revenue Service.
(Ordinance 985 adopted 4/22/97; Ordinance 1164, sec. 1, adopted 6/12/12; 1972 Code, sec. 20-9; Ordinance adopting 2023 Code; Ordinance 1306 adopted 2/28/2023)
(a) 
No license shall be issued to an applicant unless the applicant furnishes proof to the city of a public liability bond or insurance policy in an amount not less than one thousand dollars ($1,000.00) for property damage and injuries, including injury resulting in death, caused by the operation of the vending business.
(b) 
The requirement may be waived for an applicant who is a religious, nonprofit, or charitable organization upon showing of proof that the person or entity represented by that person presently maintains nonprofit status with the Internal Revenue Service.
(Ordinance 985 adopted 4/22/97; 1972 Code, sec. 20-10; Ordinance 1306 adopted 2/28/2023)
Persons who are denied licenses or whose licenses have been suspended or revoked may appeal by filing a written notice of appeal with the city council.
(Ordinance 985 adopted 4/22/97; 1972 Code, sec. 20-13)
Licenses may be renewed, provided an application for renewal and license fees are received by the city no later than the expiration date of the current license. Applications received after that date shall be processed as new applications. The city shall review each application for renewal to determine that the applicant is in full compliance with the provisions of this article. If the city finds that the application meets the above requirements, the city shall issue a new license.
(Ordinance 985 adopted 4/22/97; 1972 Code, sec. 20-15)
(a) 
The license issued to a vendor shall be carried with the vendor at all times when he or she is engaged in the business of vending. If the vendor sells food or beverages, the health permit must also be displayed.
(b) 
In addition to the license, the city shall issue an identification badge to every vendor. Vendors shall display their badges in such a way that the badges may be easily read, while doing business. If a badge becomes damaged or obscured, the vendor shall return it to the city and receive another badge.
(c) 
Licenses, permits, and identification badges shall be used only by the person to whom they were issued and may not be transferred to any other person.
(Ordinance 985 adopted 4/22/97; 1972 Code, sec. 20-11)
(a) 
Stands.
Vendor stands shall not:
(1) 
Exceed fifteen (15) feet in length, fifteen (15) feet in width, or ten (10) 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 two (2) feet of such sidewalk, whichever is less.
(b) 
Hours of operation.
Vendors shall be allowed to engage in the business of vending only between 8:00 a.m. and 5:00 p.m. All vending stands must be removed from public property during non-vending hours. When temporary vending permits are sought for special events, etc. (see section 5.03.008), the applicant may request from the city an exception to the usual hours of operation. All stands used for vending must be removed from public property during non-operating hours.
(c) 
Distance from handicapped areas.
No vendor shall conduct business within twelve (12) feet of any handicapped parking space or access ramp.
(d) 
Removal of trash.
All trash or debris accumulating within fifty (50) feet of any vending stand shall be collected by the vendor and deposited in trash containers. All vendors selling food or beverages must provide trash receptacles adjacent to or as a part of their stands.
(e) 
Prohibited areas.
A vending license issued pursuant to this article is valid only on the public ways of the city. The city shall prohibit vendors from selling on specified public ways if it determines such prohibitions are necessary for the protection of public health and safety. Vendor stands and motor vehicles are prohibited within twenty-five (25) feet of a fire hydrant, fire escape, bus stop, loading zone, or 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) 
Vending from motor vehicle.
No vendor vending from a motor vehicle shall:
(1) 
Stop, stand or park the vehicle within twenty-five (25) 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.
(h) 
Pushcarts.
Vendors utilizing pushcarts or other mobile, non-motorized vending stands may only conduct business in each location for a period of thirty (30) minutes at a time. At the end of that period, such vendors must move to a new vending location at least five hundred (500) feet from the previous location. Pushcart vendors who do not adhere to these regulations will be considered fixed-location stand vendors and will be assigned to a fixed location.
(Ordinance 985 adopted 4/22/97; Ordinance 1164, sec. 1, adopted 6/12/12; 1972 Code, sec. 20-12)
(a) 
No vendor shall have any exclusive right to any location in the public streets, nor shall any be permitted a stationary location, nor shall he be permitted to operate in any congested area where his operations might impede or inconvenience the public. For the purpose of this chapter, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.
(b) 
Solicitation in roadways.
Except as provided by subsection (d), it shall be unlawful for any person to stand in a roadway to solicit funds.
(c) 
Requirements.
It shall be unlawful for any person to solicit funds pursuant to this chapter unless the person:
(1) 
Solicits funds only while located on a shoulder, improved shoulder, curb, sidewalk, or open area adjacent to a roadway, excluding any median;
(2) 
Does not enter the roadway to solicit or retrieve funds; and
(3) 
Does not obstruct traffic or create a hazard to traffic or any other person.
(d) 
An employee or agent of the city engaged in the solicitation of funds on behalf of the city or a nonprofit corporation, group, or organization may solicit funds while standing in a roadway, or by entering the roadway to solicit or retrieve funds, as authorized by section 552.071 of the Texas Transportation Code.
(Ordinance 985 adopted 4/22/97; 1972 Code, sec. 20-14; Ordinance 1306 adopted 2/28/2023)