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;
(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)