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:
Charitable solicitor
means any individual person, entity, firm or corporation which requests, solicits, collects or accepts donations, funds, pledges or anything of value for charitable purposes.
Commercial solicitor
means any individual person, entity, firm or corporation who requests, solicits, collects or accepts donations, funds, pledges or anything of value for charitable purposes, and is paid or receives a salary, fee or commission.
Solicit
means the requesting, asking for, or the collecting or accepting of donations, funds, pledges or anything of value, by any manner of oral, written, printed or gestured communications; inclusive of offers to trade work, or other services, for food, currency or any other consideration of value.
Solicitor
means any individual person who requests, solicits, collects or accepts donations, funds, pledges or anything of value for his own use.
Stationary location
means the same meaning as found and defined in section 28-1.
(Code 1997, § 115.10; Ordinance 92-28, adopted 7/1/1998)
It shall be deemed unlawful for a solicitor, charitable solicitor or commercial solicitor to request, solicit, collect or accept donations, funds, pledges or anything of value under the following conditions:
(1) 
Without a valid license, unless otherwise exempted under section 28-79.
(2) 
Along or upon a public way during the hours of darkness.
(3) 
At a stationary location as defined in this chapter.
(4) 
Within, upon or over any public park and/or municipally owned property, exclusive of public streets, alleys and roads or driveways in public parks as provided for in this chapter regarding stationary locations. An organization or entity, or persons representing an organization or entity, exempted from license under section 28-79 may conduct soliciting operations in or upon any municipally owned property or facility during the term of any lease or contract granting conditional use of said property or facility.
(5) 
Upon any traffic island or median.
(6) 
In any vehicle upon the street.
(7) 
In a public place within 100 feet of an intersection.
(8) 
Within 50 feet of any bank, savings and loan, or other financial institution, including any automated teller machine, without express written consent or permission of such bank, savings and loan or other financial institution.
(9) 
Upon the parking lot of any bank, savings and loan, or other financial institution, without express written consent or permission of such bank, savings and loan or other financial institution.
(10) 
In a congested area where soliciting might impede or inconvenience the public. For the purposes of this article, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.
(11) 
To solicit in an aggressive manner which includes, but is not limited to:
a. 
Blocking the path of the person solicited.
b. 
Following a person who walks away.
c. 
Using profane or abusive language or gestures during the solicitation or following a refusal.
(12) 
By making any false or misleading representation in the course of soliciting a donation, including, but not limited to, the following:
a. 
Stating the donation is needed to meet a specific need, when the solicitor already has sufficient funds to meet that need and does not disclose that fact.
b. 
Stating the donation is needed to meet a need which does not exist.
c. 
Stating the solicitor is from out of town and stranded, when that is not true.
d. 
Stating the solicitor is homeless, when he is not.
e. 
Stating that the solicitor is soliciting on behalf of an organization which does not exist or which has not authorized the solicitor to seek donations on its behalf.
(Code 1997, § 115.19(A)—(D), (F)—(M); Ordinance 98-28, adopted 7/1/1998)
(a) 
It is hereby declared to be unlawful for any individual, person, firm, entity or corporation within the city to request, solicit, collect or accept donations, funds, pledges or any other thing of value for himself or for alleged charitable purposes or to act as a commercial solicitor unless each such person, entity, firm or corporation shall first have applied for and received a license permitting the holder of such license by name to request, solicit, collect or accept donations, funds, pledges or anything of value.
(b) 
A separate commercial solicitor's license shall be required for each and every separate charitable cause for which a commercial solicitor, whether individual, firm, entity or corporation, solicits.
(c) 
The holder of such license shall maintain possession of the license during all soliciting operations.
(Code 1997, § 115.11; Ordinance 92-28, adopted 7/1/1998)
No license shall be required of an organization or entity, or persons representing an organization of entity, which is locally based in Cameron, Willacy or Hildago Counties, and upon request can demonstrate it operates a nonprofit corporation, or is certified under state or federal statutes as a tax exempt organization. Such locally based organizations or entities shall include:
(1) 
Public and private schools, including their attendant groups and organizations.
(2) 
Organized religious congregations.
(3) 
Local, state and federal governmental entities and their political subdivisions.
(4) 
Chartered civic, fraternal or sorority organizations.
(5) 
Any locally based organization entitled to conduct operations under the Charitable Raffle Enabling Act, Texas Occupations Code ch. 2002.
(Code 1997, § 115.12; Ordinance 92-28, adopted 7/1/1998)
(a) 
To obtain the license required by section 28-78, an application shall be made therefor by the applicant in person to the city secretary. The application shall require the following:
(1) 
The full name of the applicant.
(2) 
The applicant's date of birth or date of incorporation or establishment.
(3) 
The applicant's employer identification numbers.
(4) 
The name of the states and numbers of any driver's licenses held by the applicant.
(5) 
The types, issuing agencies and numbers of any certificates held by the applicant.
(6) 
Whether the person or entity is registering as a solicitor, charitable solicitor or commercial solicitor.
(7) 
Any and all permanent and local residence and business addresses and telephone numbers.
(8) 
If the person represents a charitable cause, the names and permanent home and/or business addresses and telephone numbers of such cause or organizations.
(9) 
The names (including the state and county) of the last preceding city or town in which the person registering conducted soliciting operations, up to but not exceeding the last five such towns or cities immediately preceding his application with the city.
(10) 
A statement by the applicant under oath whether he or any individual employed by or affiliated with the applicant has ever been convicted in a duly constituted court of law of any form of assault, felony, fraud, theft, embezzlement or other crime of moral turpitude; whether or not to his knowledge the person or organization he may represent has ever been, to the registrant's knowledge, convicted in a duly constituted court of law of any form of felony, fraud, theft, embezzlement or other crime of moral turpitude.
(b) 
An applicant representing a charitable cause or organization may be required to furnish a copy of that cause or organization's latest financial audit.
(Code 1997, § 115.13; Ordinance 92-28, adopted 7/1/1998)
Each commercial solicitor which is a firm, entity or corporation, and every individual commercial solicitor, whether or not employed by a firm or corporation, shall pay a nonrefundable license fee to the city secretary at the time the application is filed.
(1) 
The license fee for a commercial solicitor which is a firm, corporation or other entity shall be as established in the city fee schedule in chapter 18.
(2) 
The license fee for an individual commercial solicitor, whether or not employed by a firm or corporation, shall be as established in the city fee schedule in chapter 18.
(Code 1997, § 115.14; Ordinance 98-28, adopted 7/1/1998)
The city secretary shall, upon receipt of each such application, furnish the applicant with a copy of the completed application. The applicant shall then present himself and the copy of the application at the police department during regular business hours. The police department shall conduct an inquiry of the background and reputation of the applicant, and shall secure photo registration and a copy of the applicant's fingerprints. Such investigation shall not exceed seven days in time. Upon completion of the investigation, the police department shall return the applicant's copy of the application to the city secretary indicating whether it is approved or disapproved.
(Code 1997, § 115.15; Ordinance 98-28, adopted 7/1/1998)
The chief of police shall reject an application for a license to solicit if it is found:
(1) 
The applicant has failed to furnish all of the required information in the application;
(2) 
The applicant has supplied false or misleading information in the application or during the background investigation;
(3) 
Except as provided in Texas Occupations Code ch. 53, the applicant or any person employed by or affiliated with the applicant has ever been convicted in a duly constituted court of law of any form of assault, fraud, theft, embezzlement, or other crime of moral turpitude, or felony;
(4) 
The person or organization the applicant may represent has ever been convicted in a duly constituted court of law of any form of fraud, theft, embezzlement, or other crime of moral turpitude or felony; or
(5) 
That the issuance of a license to solicit is not in the interest of the public's safety or welfare.
(Code 1997, § 115.16; Ordinance 98-28, adopted 7/1/1998)
The term a license provided for in this division is valid shall be 90 days, beginning upon, and including, the day it is signed by the chief of police.
(Code 1997, § 115.17; Ordinance 98-28, adopted 7/1/1998)
The chief of police shall revoke the license of any solicitor, charitable solicitor or commercial solicitor upon his finding of:
(1) 
A conviction for violation of any section of this article;
(2) 
A conviction in a duly constituted court of law of any form of assault, fraud, theft, embezzlement, or other crime of moral turpitude, or felony;
(3) 
Except as provided in Texas Occupations Code ch. 53, a conviction, of the person or organization the licensee may represent, in a duly constituted court of law of any form of assault, fraud, theft, embezzlement, or other crime of moral turpitude, or felony; or
(4) 
The continuation of the license to solicit is not in the interest of the public's safety or welfare.
(Code 1997, § 115.18; Ordinance 98-28, adopted 7/1/1998)