The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Commodities, goods, or merchandise
means personal property of any nature whatsoever.
Itinerant vendors
means any individual, firm, organization, or corporation, as well as their representatives, agents, and employees, who engage in a business within the city of selling, or offering for sale, any goods or merchandise, or exhibiting the same for sale, or for the purpose of taking orders for the sale thereof, who display, exhibit, sell, or offer for sale such goods, merchandise, or services upon or from a truck or other vehicle within the city, or who temporarily hire, rent, lease, or occupy any room or space in any building, structure, or other enclosure, or vacant lot within the city upon which such business is to be operated or conducted. This term shall not include individuals connected with a noncommercial or nonprofit purpose or cause, as that phrase is defined in this section.
Noncommercial or nonprofit purpose or cause
means a purpose or cause not created, existing, or espoused for the generation of a profit or the remuneration of individuals, including, but not limited to, the religious or charitable solicitation of contributions, seeking political support or contributions, the promotion of civic causes, the promotion of conservation of resources or animals, or advocating a philosophy or religion.
Peddler
means any individual, firm, organization, or corporation, as well as their representatives, agents, and employees, who engage in the business within the city of selling, offering for sale, or exhibition for sale of any commodity or service, from house to house or from place to place and not from one established spot. Delivery of the commodity or service is made or to be made at the time of sale. Collection of the sales price at time of sale or later is immaterial. This term shall not include individuals connected with a noncommercial or nonprofit purpose or cause, as that phrase is defined in this section.
Services
means the performance of labor for the benefit of another, or at another's command.
Solicitor or canvasser
means any individual, firm, organization, or corporation, as well as their representatives, agents, and employees, who engage in the business within the city of taking orders for future delivery of commodities or services, or solicit subscriptions, orders, contributions, or any kind of support, for remuneration or gain, from house to house or from place to place. This term shall not include individuals connected with a noncommercial or nonprofit purpose or cause, as that phrase is defined in this section.
Temporary business
means the business use of any real property within the city for which definite written arrangements with the owner have not been made for occupancy of the premises for a term in excess of 90 days. Definite arrangements would include, without being limited to, a lease agreement or other document conveying an enforceable right of occupancy.
(Ordinance 92010701, sec. 1, adopted 1/7/1992)
The following are exempt from the provisions of this article:
(1) 
A peddler, solicitor, canvasser, or itinerant vendor conducting activities, as defined in section 20-1, on the property of another by express, prior invitation of the owner thereof.
(2) 
A vendor selling or exhibiting for sale commodities, goods, merchandise, or services to persons engaged in the business of buying, selling, and dealing in the same within the city.
(3) 
Minors conducting fundraising activities, who represent an organization for the benefit of youths, including, but not limited to, Boy Scouts, Girl Scouts, Little League groups, and school groups.
(4) 
Persons conducting activities for or in behalf of a noncommercial or nonprofit purpose or cause, as that term is defined herein.
(Ordinance 92010701, sec. 2, adopted 1/7/1992; Ordinance adopting 2025 Code)
It shall be unlawful for any peddler, solicitor, canvasser, or itinerant vendor to:
(1) 
Conduct a business or related activities within the city without a valid registration certificate, as hereinafter provided.
(2) 
Conduct a business or related activities within the city without a valid identification card, as hereinafter provided.
(3) 
Conduct a business or related activities without visibly displaying the identification card issued to that individual.
(4) 
Alter a registration certificate or identification card issued by the city.
(5) 
Conduct a business or related activities within the city after the expiration of the registration certificate issued by the city.
(6) 
Conduct a business or related activities within the city different than described in the registration statement required by this article.
(7) 
Provide false, inaccurate, or misleading information in the registration statement.
(8) 
Use a vehicle or vehicles in the conduct of a business or related activities not identified in the registration statement.
(9) 
Conduct a business from a location or locations within the city not listed in the registration statement.
(10) 
Conduct a business selling, offering for sale, exhibiting for sale, or taking of orders for delivery of any commodities, goods, merchandise, or services not listed and described in the registration statement.
(11) 
Sell, assign, or transfer, or attempt to sale, assign, or transfer, a registration certificate or identification card.
(12) 
Conduct a business, authorized under a registration certificate issued pursuant to this article, on any public sidewalk, public street right-of-way, or other public property within the city, without written authorization from the city.
(13) 
Conduct a business during hours other than those permitted by this article.
(Ordinance 92010701, sec. 3, adopted 1/7/1992)
Prior to commencement of business and related activities by any peddler, solicitor, canvasser, or itinerant vendor, a registration statement shall be completed on a form provided by the mayor for that purpose, stating the following:
(1) 
Name of applicant (person who completes the registration statement).
(2) 
Height, weight, sex, and hair color of applicant.
(3) 
A recent color or black-and-white photograph of the applicant, no larger than two inches by two inches.
(4) 
Social security number of the applicant.
(5) 
Permanent home address, and local address of the applicant, if different, and also email address.
(6) 
Applicant's driver's license number and state of issuance. The mayor shall verify this information from the applicant's license. If the applicant has no driver's license other identification shall be provided.
(7) 
Name of the individual, firm, company, or organization represented, if any, and the permanent address, local address and email address of any individual, firm, company, or organization represented:
a. 
The last four communities in which business was conducted by the individual, firm, company or organization represented shall be listed, with the period (beginning and ending month/year) business was conducted in each community listed; and
b. 
If said applicant, or individual, firm, company, or organization represented is a corporation incorporated under the laws of the state, the corporation shall provide a certified copy of the charter or articles of incorporation; or
c. 
If said applicant, or individual, firm, company, or organization represented is a corporation incorporated under the laws of a state other than this state, the corporation shall provide a certified copy of its certificate of authority to do business in the state.
(8) 
Description, vehicle license number, and state of registration of each vehicle, if any, that will be operated under the registration certificate being applied for.
(9) 
The name, height, weight, sex, hair color, social security number, permanent home address, email address, and driver's license number and state of issuance, for each individual who will be involved in business under the registration certificate. If an individual has no driver's license other identification shall be provided.
(10) 
Prior to issuance of the registration certificate and identification cards provided for in sections 20-5 and 20-6 hereof, each individual whose name is listed by the applicant shall present his driver's license or other identification in person to the mayor for verification of the information provided by the applicant.
(11) 
A recent color or black-and-white photograph of each individual who is listed by the applicant, no larger than two inches by two inches.
(12) 
A description of the business and related activities to be conducted.
(13) 
Character and description of commodities, goods, merchandise, or services to be offered for sale.
(14) 
Location or locations from which business and other activities will be conducted.
(15) 
Prior to issuance of the registration certificate and identification cards provided for in sections 20-5 and 20-6 hereof, the applicant, and each individual whose name is listed by the applicant, shall answer on the registration statement, or on an attachment thereto, whether he has ever been convicted of a felony or a misdemeanor involving moral turpitude.
(16) 
Prior to issuance of the registration certificate and identification cards provided for in sections 20-5 and 20-6 hereof, the applicant, and each individual whose name is listed by the applicant, shall, on the registration statement, or attachment thereto, separately list and explain the nature of each and every conviction, whether for felony or misdemeanor offenses, other than convictions for misdemeanor traffic law offenses, and give the state where the conviction occurred, and the year of such conviction.
(17) 
The term or period during which the business and activities will be conducted, not to exceed 180 days. Upon expiration of the 180-day period, or shorter period indicated by the applicant on the permit registration statement, the applicant must complete a new registration statement, in accordance with the requirements of this article, if renewal is desired.
(18) 
Every registration statement shall be accompanied by a registration fee as currently established or as hereafter adopted by resolution of the city council from time to time to compensate the city for the cost of administration of this article. A fee shall be charged for replacement of a registration certificate as currently established or as hereafter adopted by resolution of the city council from time to time.
(Ordinance 92010701, sec. 4, adopted 1/7/1992; Ordinance 010116, sec. 1, adopted 1/16/2000)
(a) 
When all prerequisites of section 20-4 have been complied with, the mayor shall initiate appropriate action to process the application. The mayor shall make an appropriate investigation of an applicant, any person listed by the applicant, and any information provided. The mayor shall issue a registration certificate to the applicant authorizing the sale, offer for sale, taking of orders for sale, and exhibition, of commodities, goods, merchandise, and services within 15 working days after the applicant has fully complied with all applicable provisions of said section 20-4, subject to denial of registration certificate or identification card as outlined in section 20-9 hereof.
(b) 
The registration certificate shall state the effective term, and the beginning and ending dates, not to exceed 180 days. Upon expiration, the registration certificate may be renewed upon full compliance with the requirements of this article.
(c) 
A registration certificate issued hereunder shall be personal to the applicant and shall not be sold, assigned, or transferred to any other person, firm, corporation, or association. Any attempted sale, assignment, or transfer of a registration certificate shall be grounds for revocation of the registration certificate.
(Ordinance 92010701, sec. 5, adopted 1/7/1992)
(a) 
In conjunction with issuance of a registration certificate, the mayor shall issue identification cards for each individual whose name is listed in the registration statement. The identification card shall be laminated in clear plastic, it shall have a metal clothing clip, it shall contain the photograph of the holder, and it shall state the holder's name, driver's license number and state of issuance, and height, weight, sex, and hair color of the card holder, the term of the permit, and the nature of the business and related activities. The card shall contain the following disclaimer of any endorsement by the city, to be placed in a conspicuous place upon such card: "THE CITY OF SIMONTON, TEXAS, DOES NOT ENDORSE THE PRODUCT, SERVICE, OR ACTIVITY PROMOTED BY THIS CARDHOLDER."
(b) 
An identification card issued in accordance with this article shall be personal to the card holder and shall not be sold, assigned, or transferred to any other person. Any attempted sale, assignment, or transfer of an identification card shall be grounds for revocation of the registration certificate and the identification cards issued thereunder.
(c) 
The mayor shall issue up to five identification cards with the registration certificate without any additional charge. The applicant may obtain additional or replacement identification cards by paying to the city a fee as currently established or as hereafter adopted by resolution of the city council from time to time.
(Ordinance 92010701, sec. 6, adopted 1/7/1992; Ordinance 010116, sec. 1, adopted 1/16/2000)
While conducting business covered by the registration certificate each identification card holder shall visibly display the identification card for identification by clipping the identification card to the clothing of the holder, so that the identification card is in plain view.
(Ordinance 92010701, sec. 7, adopted 1/7/1992)
A representative of the city designated by the mayor shall have the authority to request admission to inspect, at a reasonable time without advance notice, a business operating under a registration certificate issued pursuant to this article, to determine whether the permit holder's business and related activities are as represented in the registration statement. If such admission is denied, or if the mayor deems it advisable, then the mayor shall have the authority to obtain a warrant, in accordance with applicable law, for the purpose of allowing the inspection.
(Ordinance 92010701, sec. 8, adopted 1/7/1992)
(a) 
The issuance of a registration certificate may be denied if:
(1) 
Any violation of this article, or other city ordinances or laws relating to the business or related activities to be conducted under the registration certificate applied for, has been committed by any individual or individuals who would operate under said registration certificate;
(2) 
False, inaccurate, or misleading information is contained in the registration statement;
(3) 
The applicant is overdue in payment to the city of taxes, fees, fines, or penalties assessed or imposed against him; or
(4) 
The applicant fails to fully comply with applicable provisions of this section.
(b) 
Conviction of a felony or crime involving moral turpitude shall be grounds for:
(1) 
Denial of issuance to that individual of an identification card;
(2) 
Removal from the registration statement on file with the city of any such person so convicted; and/or
(3) 
Denial of the right to conduct business covered by said certificate by any such person so convicted.
(c) 
Notice of a denial of a registration certificate, or denial of an identification card, to any individual, shall be given in writing, specifically setting forth the reason for such denial, and what action will be required before a registration certificate can be issued. Such notice shall be served in person, or by depositing same in the United States mail, addressed to the applicant's local address, if provided, or, to the permanent business or home address listed on the registration statement.
(Ordinance 92010701, sec. 9, adopted 1/7/1992)
Business conducted in accordance with this article shall be carried out during Central Standard Time from 9:00 a.m. to 8:00 p.m. and during Daylight Savings Time from 9:00 a.m. to 9:00 p.m.
(Ordinance 92010701, sec. 10, adopted 1/7/1992)
The city may revoke a registration certificate if:
(1) 
Any violation of this article, or any violation of other city ordinances or laws relating to the business or related activities covered by the registration certificate, is committed by any individual or individuals operating under the registration certificate during the original term or renewal thereof;
(2) 
False, inaccurate, or misleading information is contained in the registration statement; or
(3) 
There is conviction of a felony or crime involving moral turpitude.
(Ordinance 92010701, sec. 11, adopted 1/7/1992)
An applicant or other individual who has been denied a registration certificate or identification card, or who has had a registration certificate revoked, may appeal that action to the city council by submitting a letter to the city secretary's office within ten days of the action complained of. A hearing on the denial will be scheduled for the next regular city council meeting. The city council will render its decision on the appeal at the meeting during which the appeal is considered.
(Ordinance 92010701, sec. 12, adopted 1/7/1992)