CHAPTER 112: PEDDLERS AND SOLICITORS; ADVERTISEMENTS

Section
Advertisements
112.01 Posting bills on public property
112.02 Violations a misdemeanor

Peddlers and Solicitors
112.15 Definitions
112.16 Purpose
112.17 Exceptions
112.18 Private premises
112.19 Hours
112.20 License required
112.21 License application; procedures; fees
112.22 Appeals
112.23 Violations
Statutory reference:
Power of city to regulate peddlers, see Tex. Loc. Gov’t Code, § 215.034

ADVERTISEMENTS

§ 112.01 POSTING BILLS ON PUBLIC PROPERTY.
No person shall attach, place, paint, write, stamp, or paste any sign, advertisement, or other material upon any lamppost, electric light, railway, telephone, or telegraph pole, shade tree, fire hydrant, or boxing covering them, or on any bridge, pavement, sidewalk, or crosswalk, or public building, or any property or thing belonging to the city, or any article or thing within any park or within the right-of-way of any public street or highway; provided this section shall not be construed to prevent any public officer from so doing for any public purpose.
(Prior Code, § 8-1) Penalty, see § 10.99

§ 112.02 VIOLATIONS A MISDEMEANOR.
Failure to comply with § 112.01 of this code is declared as an offense or misdemeanor against the city.
(Prior Code, § 8-2) Penalty, see § 10.99

PEDDLERS AND SOLICITORS

§ 112.15 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

INTERSTATE COMMERCE. Soliciting, selling, or taking orders for or offering to take orders for
any goods, wares, merchandise, photographs, magazines, or subscriptions to magazines, which, at the time the order is taken, are in or will be produced in any federal district or territory, any commonwealth, or any state other than this state, and shipped or introduced into this city, and the fulfilling of those orders.

SOLICITOR, PEDDLER, ITINERANT MERCHANT, or ITINERANT VENDOR. Any person, firm, company, partnership, corporation, or association engaged in any activity mentioned below.
(Prior Code, § 8-77) (Ord. 14-34, passed - - ; Am. Ord. 19-73, passed - - )

§ 112.16 PURPOSE.
This entire subchapter is an exercise of the police power of the city for the public safety, comfort,
convenience, and protection of the city and its citizens, and all of the provisions hereof shall be construed for the accomplishment of that purpose.
(Prior Code, § 8-78) (Ord. 14-34, passed - - ; Am. Ord. 19-73, passed - - )

§ 112.17 EXCEPTIONS.
(A) Sales to dealers or by authority of law. The provisions of this subchapter shall not apply to sales
made to dealers by commercial travelers or sales agents in the usual course of business, nor to sales made under authority and by order of law.
(Prior Code, § 8-79)

(B) Interstate commerce.

(1) The provisions of §§ 112.20 and 112.21, pertaining to licenses and license fees, shall not apply to persons engaged in interstate commerce as that term is herein defined, provided, however, that it shall be unlawful for persons engaged in interstate commerce to go from house to house or place to place in the city without having first registered with the City Secretary, giving the following information:

(a) The name, home address and local address, if any, of registrant;

(b) The name and address of the person, if any, that he or she represents or for whom or through whom orders are to be solicited or cleared;

(c) The nature of the articles or things which are to be sold or for which orders are to be solicited;

(d) Whether the registrant, upon any sale or order, shall demand, receive, or accept payment or deposit of money in advance of final delivery;

(e) The period of time which the registrant wishes to solicit or sell in the city;

(f) Any outline and method or methods to be used in conducting the solicitations;

(g) The names of other communities in which the applicant has worked as a solicitor or canvasser in the past 12 months;

(h) If he or she was employed by a different company in other communities, the name of those companies shall also be stated;

(i) If the applicant is a corporation, or if the individual is employed by a corporation, the date and place of incorporation; and

(j) A physical description of the applicant which includes race, sex, height, weight, hair and eye color, date of birth, driver’s license number, and the name of the state issuing the driver’s license.

(2) The registrant at the time of the registration, as herein provided for, shall submit, for inspection by the City Secretary, written proof of his or her identity which may be in the form of an automobile operator’s license, identification letter or card issued to the registrant by the person for whom or through whom orders are to be solicited or cleared.
(Prior Code, § 8-80)

(C) Nonprofit organizations; newspapers.

(1) The provisions of this subchapter shall not apply to any church, charitable or philanthropic organization, or any nonprofit organization, nor shall this subchapter apply to the selling or taking of orders for sales of newspapers.

(2) Any organization applying for an exemption from this subchapter under the sections named above shall provide the city with the following information, and the application shall be sworn to by the applicant and shall be filed at least three working days prior to the proposed solicitation:

(a) The full name of the organization applying for permit to solicit and the address of the headquarters in the city; if the organization is a chapter or other affiliate of an organization having its principal office outside the city, the name and address of the parent organization;

(b) The names and addresses of all officers and directors or trustees of the organization and the name and city of residence of all officers, directors, or trustees of the parent organization, if any;

(c) The purpose or purposes for which the gross receipts derived from the solicitations or other activities are to be used;

(d) The name of the person or persons by whom the receipts of the solicitations shall be disbursed; if the receipts are to be transmitted to a parent organization for further disbursement, detailed information of method of handling disbursement of all funds and a detailed and complete financial statement of the parent organization for the last preceding year;

(e) The name and address of the person or persons who will be in charge of conducting the charitable solicitation campaign;

(f) An outline of the method or methods to be used in conducting the solicitation campaign;

(g) The period within which the charitable, educational, or philanthropic solicitation campaign shall be conducted, including the proposed dates and the beginning and ending of the campaign;

(h) The total amount of funds proposed to be waived;

(i) The amount of all salaries, wages, fees, commissions, expenses, and costs to be expended or to be paid by anyone in connection with the campaign, together with the method in which those wages, fees, commissions, expenses, and costs are to be expended, and the maximum percentage of funds collected
which are to be used to pay for the purposes of solicitation and collection;

(j) A detailed and complete statement of the funds, if any, collected by the applicant during the preceding year from solicitations or other activities; and

(k) A full statement of the character and extent of the charitable, education, patriotic, or philanthropic work done by the applicant within the city during the last preceding year. If the organization is a charitable organization or other organization, proof of its current status as an organization to which contributions are tax deductible for federal income tax purposes.

(3) A fee of $10 must be submitted with the application even though other fees are not going to be required in this case. If the applicant can prove indigence or inability to pay, then other arrangements
may be made upon recommendation by the Chief of Police of the city and approved by the City Manager.
(Prior Code, § 8-81)
(Ord. 14-34, passed - - ; Am. Ord. 19-73, passed - - ) Penalty, see § 10.99

§ 112.18 PRIVATE PREMISES.
It shall be unlawful for any person to go in and upon the premises of a private residence in the city, unless requested or invited to do so by the owner or occupant of that private residence, for the purpose of soliciting, selling, or taking orders for or offering to sell or take orders for any goods, wares, merchandise, services, photographs, magazines, or subscriptions to magazines.
(Prior Code, § 8-82) (Ord. 14-34, passed - - ; Am. Ord. 19-73, passed - - ) Penalty, see § 10.99

§ 112.19 HOURS.
It shall be unlawful for any person to go from house to house or from place to place in the city, soliciting, selling, or taking orders for or offering to sell or take orders for any goods, wares, merchandise, services, photographs, magazines, or subscriptions to magazines, except during the hours from 8:00 a.m. until 6:00 p.m., central standard time, or until 7:00 p.m., central daylight saving time, as the case may be.
(Prior Code, § 8-83) (Ord. 14-34, passed - - ; Am. Ord. 19-73, passed - - ) Penalty, see § 10.99

§ 112.20 LICENSE REQUIRED.
It shall be unlawful for any person to go from house to house or from place to place in the city, soliciting, selling, or taking orders for or offering to sell or take orders for any goods, wares, merchandise, services, photographs, magazines, or subscriptions to magazines, without having first applied for and obtained a license to do so from the City Secretary. It shall be unlawful to sell or solicit in the city, as aforementioned, without carrying that license while engaged in that soliciting or selling.
(Prior Code, § 8-84) (Ord. 14-34, passed - - ; Am. Ord. 19-73, passed - - ) Penalty, see § 10.99

§ 112.21 LICENSE APPLICATION; PROCEDURES; FEES.
(A) License application. Any person desiring to go from house to house or from place to place in the
city to sell or solicit orders for goods, wares, merchandise, services, photographs, magazines, or
subscriptions to magazines shall make written application to the City Secretary for a license so to do,
which application shall show the name and address of the applicant, the name and address of the person, if any, that he or she represents, and the kind of goods offered for sale, and whether the applicant upon any sale or order shall demand, accept, or receive payment or deposit of money in advance of final delivery, and the period of time the applicant wishes to sell or solicit in the city.
(Prior Code, § 8-85)

(B) License procedures; fees.

(1) A license for a solicitor, a peddler, an itinerant merchant or an itinerant vendor shall be $100 per year or $5 per day. In the event the annual fee is paid, a license shall be issued that shall be valid for one year from the date of its issuance. However, when any annual license is issued, the licensee shall notify the City Secretary each day that the licensee is engaged in any activity mentioned in § 112.18 herein, and shall register with the City Secretary. Upon payment of the daily license fee, a daily license shall be issued that shall be valid for one day.

(2) The fees provided for in this section shall be used for the purpose of defraying expenses incident to the issuing of the licenses.

(3) Each individual working for a solicitor, peddler, itinerant merchant, or itinerant vendor shall have a separate permit and shall be charged a separate fee.

(4) The license and/or permit if issued shall be prominently displayed by the solicitor, peddler, or the like, at the time of contact with the customer and shall be worn on the exterior clothing of the solicitor.

(5) Where the application for a permit to peddle in the city shows that the applicant will not demand, receive, or accept payment or deposit of money in advance of final delivery of the goods, wares, merchandise, or articles to be sold or solicited by that applicant, it shall be the duty of the Chief of Police to issue that applicant a permit to solicit, sell, and take orders for the goods, wares, merchandise, or articles set out in the applicant’s application within three working days of the completion of the application upon payment of the required fees.

(6) If the application for a permit shows that the applicant shall receive, demand, or accept final payment or deposit of money in advance of final delivery of goods, wares, merchandise, services, or anything of value sold, then the application shall be accompanied by a bond in the penal sum of $2,500 for a permit, executed by the applicant as principal and a surety company licensed to do business as such in the state. This bond shall be conditioned upon making of final delivery of the goods, wares, merchandise, services, or anything of value in accordance with the terms of the order or orders obtained in which bond shall be used for the benefit of all persons, firms, or corporations who may pay in advance or make any advance deposit on the purchase of the orders, and the bond shall so stipulate in its terms. If the solicitor or peddler operates from a motor vehicle and conducts sales from the motor vehicle, then in addition to the information required in the application section above, he or she shall furnish proof to the Chief of Police of the city appropriate liability insurance coverage on that vehicle in an amount not less than $10,000 per accident. Evidence of liability insurance, to be approved by the City Attorney, covering the operation of that business in minimum amounts of $25,000 for injury to each person, $50,000 personal injury liability for each accident, and $5,000 property damage.
(Prior Code, § 8-86)
(Ord. 14-34, passed - - ; Am. Ord. 19-73, passed - - ) Penalty, see § 10.99

§ 112.22 APPEALS.
Should an applicant be denied a permit or have a permit revoked, he or she may appeal that action to the City Council by submitting a letter to the City Manager’s office within ten days of the action complained of. A hearing on the denial will be scheduled for the next regular meeting of the Council, or a special meeting of the Council to be held within 15 days of the appeal. The Council will render a decision on the appeal within ten days of the hearing.
(Prior Code, § 8-86)
(Ord. 14-34, passed - - ; Am. Ord. 19-73, passed - - ) Penalty, see § 10.99

§ 112.23 VIOLATIONS.
Failure to comply with this subchapter is declared as an offense or misdemeanor against the city.
(Prior Code, § 8-86)
(Ord. 14-34, passed - - ; Am. Ord. 19-73, passed - - ) Penalty, see § 10.99