As used in this article the following words have the meaning
indicated:
Itinerant vendor or hawker
is a 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.
Canvasser
is a person who attempts to make personal contact with a
resident at his/her residence without prior specific invitation or
appointment from the resident, for the primary purpose of: (1) attempting
to enlist support for or against a particular religion, philosophy,
ideology, political party, issue or candidate, even if incidental
to such purpose the canvasser accepts the donation of money for or
against such cause, or (2) distributing a handbill or flyer advertising
a non-commercial event or service.
Peddler
is a person who attempts to make personal contact with a
resident at his/her residence without prior specific invitation or
appointment from the resident, for the primary purpose of attempting
to sell a good or service. A "peddler" does NOT include a person who
distributes handbills or flyers for a commercial purpose, advertising
an event, activity, good or service that is offered to the resident
for purchase at a location away from the residence or at a time different
from the time of visit. Such a person is a "solicitor."
Solicitor
is a person who attempts to make personal contact with a
resident at his/her residence without prior specific invitation or
appointment from the resident, for the primary purpose of: (1) attempting
to obtain a donation to a particular patriotic, philanthropic, social
service, welfare, benevolent, educational, civic, fraternal, charitable,
political or religious purpose, even if incidental to such purpose
there is the sale of some good or service, or (2) distributing a handbill
or flyer advertising a commercial event or service.
(Ordinance 2076 adopted 4/24/2017)
This article shall not apply to a federal, state or local government
employee or a public utility employee in the performance of his/her
duty for his/her employer. This article shall also not apply to persons
who are licensed by the state to act as peddlers and the applicable
licensing authority prohibits local governments from requiring local
licenses and fees for peddlers.
(Ordinance 2076 adopted 4/24/2017)
No person shall act as a peddler, hawker, or solicitor within
the city without first obtaining a peddler license in accordance with
this article. A canvasser is not required to have a peddler license
but any canvasser wanting a peddler license for the purpose of reassuring
city residents of the canvasser's good faith shall be issued one (1)
upon request.
(Ordinance 2076 adopted 4/24/2017)
The fee for the issuance of each peddler license shall be:
(1) For
a peddler acting on behalf of a merchant a fee of three hundred dollars
($300.00) per year plus a pass through charge for each background
search (twenty-five dollars ($25.00) in 2017 - subject to change).
(2) For
a solicitor (including a commercial solicitor advertising an event,
activity, good or service for purchase at a location away from the
residence), no fee.
(3) For
a canvasser requesting a peddler license, no fee.
(Ordinance 2076 adopted 4/24/2017)
Any person or organization (formal or informal) may apply for
one (1) or more peddler licenses by completing an application form
at the office of the issuing officer, during regular office hours.
The peddler license shall be issued promptly after application
but in all cases within three (3) business days after the completion
of an application, unless it is determined within that time that:
(1) The
applicant has been convicted of a felony or a misdemeanor involving
moral turpitude within the past seven (7) years;
(2) With
respect to a particular license, the individual for whom a card is
requested has been convicted of any felony or a misdemeanor involving
moral turpitude within the past seven (7) years; or
(3) Any
statement upon the application is false, unless the applicant can
demonstrate that the falsehood was the result of excusable neglect.
(Ordinance 2076 adopted 4/24/2017)
The applicant (person or organization) shall provide the following
information:
(2) Number
of peddler licenses required.
(3) The
name, physical description and photograph of each person for which
a card is requested. In lieu of this information, a driver's license,
state identification card, passport, or other government-issued identification
card (issued by a government within the United States) containing
this information may be provided, and a photocopy taken. If a photograph
is not supplied, the city will take an instant photograph of each
person for which a card is requested at the application site. The
actual cost of the instant photograph will be paid by the applicant.
(4) The
permanent and (if any) local address of the applicant.
(5) The
permanent and (if any) local address of each person for whom a license
is requested.
(6) A brief
description of the proposed activity related to this peddler license.
(Copies of literature to be distributed may be substituted for this
description at the option of the applicant).
(7) Date
and place of birth for each person for whom a card is requested.
(8) A list
of all infraction, offense, misdemeanor and felony convictions of
each person for whom a license is requested for the seven (7) years
immediately prior to the application.
(9) The
motor vehicle make, model, year, color, and state license plate number
of any vehicle which will be used by each person for whom a card is
requested.
(10) If
a license is requested for a peddler:
a. The
name and permanent address of the business offering the event, activity,
good or service (i.e., the peddler's principal).
b. A copy
of the principal's sales tax license as issued by the State of Texas,
provided that no copy of a license shall be required of any business
which appears on the city's annual report of sales tax payees as provided
by the Texas Comptroller's office.
c. The
location where books and records are kept of sales which occur within
the city and which are available for city inspection to determine
that all city sales taxes have been paid.
(11) If
a license is requested for a solicitor:
a. The
name and permanent address of the organization, person, or group for
whom donations (or proceeds) are accepted.
b. The
web address for this organization, person, or group (or other address)
where residents having subsequent questions can go for more information.
(12) Any
other information the applicant wishes to provide, perhaps including
copies of literature to be distributed, references to other municipalities
where similar activities have occurred, etc.
(Ordinance 2076 adopted 4/24/2017)
During the time following the application for one (1) or more
peddler licenses and its issuance, the city shall investigate as to
the truth and accuracy of the information contained in the application.
If the city has not completed this investigation within three (3)
business days after the completion of an application, the identification
card will nonetheless be issued, subject, however, to administrative
revocation upon completion of the investigation. [If a canvasser requests
a peddler license, the investigation will proceed as described above,
but if the city refuses to issue the peddler license (or revokes it
after issuance), the canvassers will be advised that the failure to
procure a peddler license does not prevent him/her from canvassing
the residents of the city.]
(Ordinance 2076 adopted 4/24/2017)
(a) Grounds.
Any license issued hereunder may be revoked if the license holder
is convicted of a violation of any provisions of this article or has
knowingly made a false material statement in the application or otherwise
becomes disqualified for the issuance of a license under the terms
of this article.
(b) Notice.
If the issuing officer denies (or upon completion of an investigation
revokes) the peddler license to one or more persons he shall immediately
convey the decision to the applicant orally and shall within 16 working
hours after the denial prepare a written report of the reason for
the denial which shall be immediately made available to the applicant.
(c) Appeal;
hearing.
The licensee shall have ten (10) days from the
date of revocation or denial in which to file notice of his appeal
to the city manager from the order denying or revoking the license.
The city manager shall hold a hearing within ten (10) days from the
date of receipt of the licensee's appeal. The city manager shall make
a determination within five (5) days after the hearing to either deny
the appeal or to reinstate the license. The city manager's determination
shall be final.
(Ordinance 2076 adopted 4/24/2017)
If the applicant requests a hearing under Section 8, the hearing
shall be held in accordance with the Administrative Procedure Act
of the State of Texas, and review from the decision (on the record
of the hearing) shall be had to the county court of Bexar County,
Texas. The hearing shall also be subject to the Texas Open Meetings
and Records law.
(Ordinance 2076 adopted 4/24/2017)
Each peddler license shall be (when the individual for whom
it was issued is acting as a peddler or solicitor) worn on the outer
clothing of the individual or otherwise displayed, as so to be reasonably
visible to any person who might be approached by said person.
(Ordinance 2076 adopted 4/24/2017)
A peddler license shall be valid within the meaning of this
article for a period of one (1) year from its date of issuance or
the term requested, whichever is less.
(Ordinance 2076 adopted 4/24/2017)
A municipal court judge, in addition to imposing a fine, may
institute proceedings to suspend or revoke the license of a person
if the person is required by law to obtain a peddler license from
the city and the judge finds the person guilty of violating the article
relating to peddlers.
(Ordinance 2076 adopted 4/24/2017)
The issuing officer 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 issuing officer 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 may be reproduced
on the city's web site 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 peddler license. If a canvasser chooses
not to apply for a peddler card, it will be the responsibility of
that canvasser to obtain in some other way a copy of the current "no
visit" list.
(Ordinance 2076 adopted 4/24/2017)
In addition to the other regulations contained herein, a solicitor
or canvasser leaving handbills or commercial flyers about the community
shall observe the following regulations:
(1) No handbill
or flyer shall be left at, or attached to any sign, utility pole,
transit shelter or other structure within the public right-of-way.
The police are authorized to remove any handbill or flyer found within
the right-of-way.
(2) No handbill
or flyer shall be left at, or attached to any privately owned property
in a manner that causes damage to such privately owned property.
(3) No handbill
or flyer shall be left at, or attached to any of the property: (a)
listed on the city "no visit" list, or (b) having a "no solicitor"
sign.
(4) Any
person observed distributing handbills or flyers shall be required
to identify himself/herself to the police (either by producing an
peddler license or other form of identification). This is for the
purpose of knowing the likely identity of the perpetrator if the city
receives a complaint of damage caused to private property during the
distribution of handbills or flyers.
(Ordinance 2076 adopted 4/24/2017)
No peddler, hawker, solicitor or canvasser shall:
(1) Enter
upon any private property where the property has clearly posted in
the front yard a sign visible from the right-of-way (public or private)
indicating a prohibition against peddling, soliciting and/or canvassing.
Such sign need not exceed one (1) square foot in size and may contain
words such as "no soliciting" or "no solicitors" in letters of at
least two (2) inches in height. (The phrase "no soliciting" or "no
solicitors" shall also prohibit peddlers, hawkers, and canvassers)
(2) Remain
upon any private property where a notice in the form of a sign or
sticker is placed upon any door or entrance way leading into the residence
or dwelling at which guests would normally enter, which sign contains
the words "no soliciting" or "no solicitors" and which is clearly
visible to the peddler, solicitor or canvasser.
(3) Enter
upon any private property where the current occupant has posted the
property on the city's "no visit" list (except where the posting form
indicates the occupant has given permission for this type of visit),
regardless of whether a front yard sign is posted.
(4) Use
or attempt to use any entrance other than the front or main entrance
to the dwelling, or step from the sidewalk or indicated walkway (where
one (1) exists) leading from the right-of-way to the front or main
entrance, except by express invitation of the resident or occupant
of the property.
a. Remove
any yard sign, door or entrance sign that gives notice to such person
that the resident or occupant does not invite visitors.
b. Enter
upon the property of another during the hours of daylight, specifically
one-half (1/2) hour after sunrise and one-half (1/2) hour after sunset.
Except that the above prohibitions shall not apply when the peddler,
hawker, solicitor, or canvasser has an express invitation from the
resident or occupant of a dwelling allowing him/her to enter upon
any posted property.
(5) For
a commercial solicitor, peddler, or hawker to solicit for a purpose
other than that set out in the application upon which the license
was issued.
(Ordinance 2076 adopted 4/24/2017)
(a) A person
may solicit for a charitable or political purpose in or upon a roadway,
except those areas prohibited in this article.
(b) A person
may conduct commercial solicitation in or upon the public right-of-way,
except those areas prohibited in this article, if the solicitor has
obtained a license or who is a member of an organization that has
obtained a license.
(c) Solicitation
for any purpose in the public right-of-way shall be conducted only
during the hours of daylight, specifically one-half (1/2) hour after
sunrise and one-half (1/2) hour before sunset.
(d) It shall
be unlawful for a person younger than eighteen (18) years of age to
solicit in the public right-of-way.
(e) It shall
be unlawful for a solicitor at any time to enter or remain in the
traveled portion of the roadway unless the solicitor has been granted
authorization pursuant to V.T.C.A., Transportation Code § 552.0071.
(f) It shall
be unlawful for a solicitor at any time to enter or remain in the
traveled portion of the roadway so that their presence impedes the
flow of traffic.
(g) 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 made from the nearest property line of the public or private
elementary or secondary school.
(Ordinance 2076 adopted 4/24/2017)
Any person violating any part of this article or failing to
observe any provision of this article shall be deemed guilty of a
misdemeanor and upon conviction thereof, shall be punished by a fine
not exceeding five hundred dollars ($500.00). Every day the violation
continues shall be deemed as a separate offense.
(Ordinance 2076 adopted 4/24/2017)
It is hereby declared to be the intention of the city council
of the City of Alamo Heights that the sections, paragraphs, sentences,
clauses, phrases and words of this article are severable, and if any
section, paragraph, sentence, clause, phrase or word(s) of this article
shall be declared unconstitutional or otherwise invalid, such unconstitutionality
or invalidity shall not affect any of the remaining sections, paragraphs,
sentences, clauses, phrases and words or this article since the same
would have been enacted by the city council of the City of Alamo Heights
without the incorporation in this article of any such unconstitutional
or invalid portion of the article.
(Ordinance 2076 adopted 4/24/2017)
