It shall be unlawful for any itinerant vendor or mobile street vendor [peddler or solicitor] to engage in business as defined in this article within the incorporated city limits without first obtaining a permit from the city.
(Ordinance 22-O-04.13-01, sec. 4.03.031, adopted 4/13/2022)
(a) 
The following are excluded from permitting provisions:
(1) 
Persons distributing nonprofit pamphlets, handbills, or other printed material for the purpose of disseminating news or other information of public interest;
(2) 
Persons conducting fundraising activities for local nonprofit organizations, qualified civic organizations, or educational institutions;
(3) 
Persons conducting proselytizing activities or distributing religious material or literature;
(4) 
Persons engaged in a business or activity regulated under the exclusive authority of the state or federal government;
(5) 
Persons engaged in business activity and going to a house or business at the express invitation of the occupant or owner of such house or business;
(6) 
Canvassers who attempt only to distribute not-for-profit handbills or to solicit political support or determine opinions or sentiments.
(b) 
Persons who are exempt from the permitting requirements are encouraged to notify the city of the approximate dates of the door-to-door activities, and the areas in which they will be working.
(Ordinance 22-O-04.13-01, sec. 4.03.032, adopted 4/13/2022)
(a) 
Any peddler or solicitor desiring to engage in activities as a peddler or solicitor within the city must file a written application for permit with the city manager or his/her designee. Each applicant shall provide the following information:
(1) 
Applicant’s name, telephone number, home address, birth date, physical description, finger or thumbprint, criminal history check from the state department of public safety, and either: driver’s license number and state, or government-issued picture identification card;
(2) 
A complete department of public safety (DPS) criminal history, issued within ninety (90) days of the date of application, for the applicant and each individual involved in the peddling or solicitation campaign;
(3) 
For each individual involved in the peddling or solicitation campaign: name, telephone number, address, birth date, physical description, and either: driver’s license number and state, or government-issued picture identification card;
(4) 
If the applicant is peddling or making solicitations for any commercial, charitable or political organization, the name, telephone number, and address of such organization;
(5) 
A full and complete list of goods to be sold and/or services to be delivered;
(6) 
Description (year, make, model, color, and type) and license plate number and state of all vehicles to be used in soliciting and peddling;
(7) 
A copy of the applicant’s state limited sales and use tax permit.
(b) 
The applicant must provide original identifying documents to the city manager or his/her designee upon request.
(Ordinance 22-O-04.13-01, sec. 4.03.033, adopted 4/13/2022; Ordinance adopting 2023 Code)
All peddlers and solicitors not exempted by section 5.02.032 shall pay a permit fee to the city. Said fee shall be set by a separate ordinance of the city council.
(Ordinance 22-O-04.13-01, sec. 4.03.034, adopted 4/13/2022)
The following are exempt from the permit fee:
(1) 
Any individual soliciting or peddling for a philanthropic, charitable, political, or religious organization.
(2) 
Any individual engaged in interstate commerce.
(Ordinance 22-O-04.13-01, sec. 4.03.035, adopted 4/13/2022)
(a) 
A copy of the application for permit will be referred to the police department, who will undertake an investigation of the applicant’s record and background, such as shall be reasonably necessary to protect the public. An application for permit under this division may be denied where:
(1) 
Required application information is incomplete or incorrect.
(2) 
The applicant is currently wanted on a warrant for arrest.
(3) 
The applicant has been convicted of any offense reportable by the city to the state department of public safety or the Federal Bureau of Investigation under “Index Crimes” part I and/or group A of the National Incident Base Reporting System or Crime Index programs or other law enforcement reporting system (e.g., aggravated assault, burglary, forcible rape, larceny-theft, motor vehicle theft, murder, non-negligent manslaughter, and robbery).
(b) 
If the police department denies a permit, the applicant may appeal this decision in writing to the chief of police, who may affirm, modify, or reverse the decision of the police services records section.
(Ordinance 22-O-04.13-01, sec. 4.03.036, adopted 4/13/2022)
(a) 
If the city manager finds that the application is complete and in conformance with the provisions of this division, a permit shall be issued within ten (10) working days. Each permit will be valid for thirty (30) days from the date issued.
(b) 
Only those peddlers or solicitors whose names are listed on the approved application may conduct business under the issued permit. If any new peddlers or solicitors join the campaign after the original permit is issued, they must supply updated personal information required in the original application to the city manager.
(Ordinance 22-O-04.13-01, sec. 4.03.037, adopted 4/13/2022; Ordinance adopting 2023 Code)
Each peddler or solicitor will carry his or her permit at all times while engaging in business in the city. Upon request or demand, the peddler or solicitor will exhibit the permit to indicate compliance with all of the relevant requirements of this division.
(Ordinance 22-O-04.13-01, sec. 4.03.038, adopted 4/13/2022)
Permits issued under the provisions of this division are not transferable in any situation and will be clearly marked “not transferable.”
(Ordinance 22-O-04.13-01, sec. 4.03.039, adopted 4/13/2022)
(a) 
The city manager or his/her designee may, upon documented complaint or violation of law, suspend and confiscate a permit issued under this division.
(b) 
Peddlers and solicitors whose licenses are suspended have three (3) business days during which to request an administrative review of the suspension. If the request for administrative review is not made within three (3) working days, the permit is revoked.
(Ordinance 22-O-04.13-01, sec. 4.03.040, adopted 4/13/2022; Ordinance adopting 2023 Code)
(a) 
Upon the permittee’s request, the police department shall provide the permittee with written notice containing particulars of any and all complaints against him or her, and the time, date, and place for an administrative review of the suspension.
(b) 
The city manager will conduct an administrative review to determine whether the permit shall be restored or revoked.
(c) 
After notice and review, the city manager may revoke any permit issued under this division for the following reasons:
(1) 
Fraudulent statements or omissions on the permit application or in the conduct of the permitted business;
(2) 
Violation of law;
(3) 
Endangerment of public welfare, health, or safety.
(d) 
If the police department revokes a permit, the applicant may appeal this decision in writing to the city council, which may affirm, modify, or reverse the decision of the police department.
(e) 
Revocation of any permit shall bar the permittee from eligibility for any person [permit] under this division for a period of one year.
(Ordinance 22-O-04.13-01, sec. 4.03.041, adopted 4/13/2022; Ordinance adopting 2023 Code)
Each itinerant vendor’s or peddler’s permit issued under the authority of this division shall be valid for the period of anticipated use of the applicant, but [not] to exceed ten (10) days for itinerant vendors, one hundred eighty (180) days for itinerant vendors operating out of a motor vehicle or trailer, as defined by the Texas Transportation Code, and ninety (90) days for peddlers, from the date it was issued, or until revoked under the provisions of this division.
(Ordinance 22-O-04.13-01, sec. 4.03.042, adopted 4/13/2022)