The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Peddler
means any individual, firm, organization, or corporation, as well as any representative, agent, or employee thereof, who engages in the business in the city of selling, offering for sale, or exhibiting for sale any commodity or service from house-to-house or from place-to-place, and who delivers the commodity or service at the time of sale.
Religious, civic, or charitable solicitation
means the seeking of support or contributions for political, religious, charitable or civic causes, including, but without limitation, the promotion of conservation of resources or animals, or advocating a philosophy or religion.
Solicitor or canvasser
means any individual, firm, organization, or corporation, as well as any representative, agent, or employee thereof, who engages in the business in the city of taking orders for future delivery of commodities or services, or who solicits subscriptions, orders, contributions, or any kind of support from house-to-house or from place-to-place.
(Ordinance 07-522-10, § 1, adopted 4/5/2007)
(a) 
A peddler, solicitor, or canvasser who conducts activities on the property of another by express prior invitation of the owner thereof is exempt from the coverage of this article.
(b) 
Persons 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 are exempt from the coverage of this article.
(c) 
Persons conducting religious, civic, or charitable solicitations are exempt from the coverage of this article.
(Ordinance 07-522-10, § 2, adopted 4/5/2007)
It shall be unlawful for any peddler, solicitor, or canvasser to:
(1) 
Conduct activities within the city without a valid registration certificate;
(2) 
Conduct activities within the city without a valid identification card;
(3) 
Conduct activities within the city without visibly displaying the identification card;
(4) 
Alter a registration certificate or identification card issued by the city;
(5) 
Conduct activities within the city after the expiration of the registration certificate;
(6) 
Conduct activities within the city different from those described in the registration statement;
(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 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 sell, assign, or transfer a registration certificate or identification card; or
(12) 
Conduct activities within the city during hours other than those permitted by this article.
(Ordinance 07-522-10, § 3, adopted 4/5/2007)
Prior to the commencement of activities, a peddler, solicitor, or canvasser shall complete a registration statement on a form provided by the city secretary for that purpose, which includes the following:
(1) 
Name of applicant (person who completes the registration statement).
(2) 
Height, weight, sex, and hair color of the applicant.
(3) 
A recent photograph of the applicant, no larger than two inches by two inches.
(4) 
State sales tax identification number of the applicant.
(5) 
Permanent home address and local address, if different.
(6) 
The applicant's driver's license number and state of issuance. If the applicant has no driver's license, other identification showing the applicant's date of birth shall be provided.
(7) 
Name of individual, firm, company, or organization represented, if any, and the permanent address and local address thereof.
a. 
If the applicant firm, company, or organization represented is a corporation incorporated under the laws of the state, the applicant shall provide a certified copy of the charter or ordinances of incorporation.
b. 
If the applicant firm, company, or organization represented is a corporation incorporated under the laws of a state other than this state, the applicant shall provide a certified copy of its certificate of authority to do business in this 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, state sales tax identification number, permanent home address, date of birth, and driver's license number and state of issuance for each individual who will be conducting activities under the registration certificate.
(10) 
Prior to issuance of the registration certificate and identification cards, each individual whose name is listed by the applicant shall present his driver's license or other identification in person to the city secretary for verification of the information provided by the applicant.
(11) 
A recent 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) 
A copy of the applicant's state sales tax permit, if applicable.
(14) 
A description of the commodities, goods, merchandise, or services to be offered for sale.
(15) 
Location or locations from which business and other activities will be conducted.
(16) 
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.
(Ordinance 07-522-10, § 4, adopted 4/5/2007)
Every registration statement shall be accompanied by a registration fee to be set by ordinance and located in the schedule of fees which is on file in the city secretary's office to compensate the city for the cost of administration of this article. A fee to be set by ordinance and located in the schedule of fees shall be charged for replacement of a registration certificate.
(Ordinance 07-522-10, § 5, adopted 4/5/2007)
(a) 
The city secretary shall issue a registration certificate to the applicant authorizing the applicant's activities within five working days after the applicant has fully complied with all applicable provisions of this article, unless the city secretary denies the registration certificate or identification card as provided in section 34-27 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 compliance with the requirements of this article.
(c) 
A registration certificate issued under this section shall be personal to the applicant and shall not be sold, assigned, or transferred to any other person. Any attempted sale, assignment, or transfer of a registration certificate identification shall be grounds for revocation of the registration certificate.
(Ordinance 07-522-10, § 6, adopted 4/5/2007)
(a) 
In conjunction with the issuance of a registration certificate required by section 34-24 hereof, the city secretary shall issue identification cards for each individual whose name is listed in the registration statement. The identification card shall be laminated in clear plastic; shall have a metal clothing clip; shall contain the photograph of the holder; and shall state the holder's name, driver's license number and state of issuance, and the 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 a conspicuous disclaimer of any endorsement by the city:
THE CITY OF BROOKSHIRE
DOES NOT ENDORSE THESE ACTIVITIES
(b) 
An identification card issued in accordance with this section 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 city secretary shall issue up to five identification cards with the registration certificate without any additional charge. An applicant may obtain additional or replacement identification cards by paying to the city the sum to be set by ordinance by the city council and maintained in the schedule of fees.
(Ordinance 07-522-10, § 7, adopted 4/5/2007)
While conducting activities covered by the registration certificate, an identification card holder shall visibly display the identification card by clipping the identification card to the clothing of the holder, so that the identification card is in plain view.
(Ordinance 07-522-10, § 8, adopted 4/5/2007)
(a) 
The issuance of a registration certificate or identification card 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 the 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 article.
(b) 
Denial of a registration certificate or denial of an identification card to any individual shall be by written notice, specifically pointing out the reasons for the denial and the action that will be required before a registration certificate can be issued, provided to the applicant by mailing a copy by regular mail to the applicant's local address, if provided, or to the permanent business or home address listed on the registration statement and by affixing a copy of the written notice to the registration statement on file with the city.
(Ordinance 07-522-10, § 9, adopted 4/5/2007)
Activities conducted in accordance with this article shall be carried out only between the hours of 8:30 a.m. and 9:00 p.m.
(Ordinance 07-522-10, § 10, adopted 4/5/2007)
Nothing contained in this article shall be construed as permitting any person to enter or remain on the property of another person without the consent of such other person.
(Ordinance 07-522-10, § 11, adopted 4/5/2007)
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 07-522-10, § 12, adopted 4/5/2007)
Any person who shall violate any provision of this article shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished as provided in section 1-13. Each day of violation shall constitute a separate offense.
(Ordinance 07-522-10, § 13, adopted 4/5/2007)