§ 16-93. Application; duration renewal.

(a)

Any person who wishes to engage in soliciting, home solicitation, handbill distribution or any itinerant merchant who wishes to solicit within the city shall file a written application with the police chief, which application shall show the following:

(1)

Proof of the identity and home address of the applicant and the name and address of the employer or firm that such applicant represents;

(2)

A brief description of the nature, character and quality of the goods to be sold, or a copy of the handbills to be distributed;

(3)

If employed by another, the name and business address of the person, firm, association, organization or corporation;

(4)

For any and all motor vehicles which are to be used, a description of all the vehicles, together with the motor vehicle registration numbers of all the vehicles, and the license numbers of all the vehicles;

(5)

A description of the proposed location of the solicitation or handbill distribution;

(6)

The period of time the applicant so wishes to solicit, sell, take orders or distribute handbills in the city;

(7)

The names of other communities in which the applicant has worked as a solicitor or handbill distributor in the past twelve (12) months, and, if he was employed by a different company in those communities, the name of those companies shall also be stated;

(b)

The applicant or any agent of the applicant must meet the following criteria:

(1)

Be currently authorized to work full-time in the United States;

(2)

Hold a valid driver's license or identification card issued by the State of Texas or the state in which the defendant resides;

(3)

Be able to communicate in the English language;

(4)

Not be afflicted with a physical or mental disease or disability that is likely to endanger the public health or safety;

(5)

Not have been convicted or placed on probation or deferred adjudication for a crime:

a.

Involving:

1.

Criminal homicide as described in V.T.C.A., Penal Code Chapter 19;

2.

Kidnapping as described in V.T.C.A., Penal Code Chapter 20;

3.

A sexual offense as described in V.T.C.A., Penal Code Chapter 21;

4.

An assaultive offense as described in V.T.C.A., Penal Code Chapter 22, other than a Class C misdemeanor;

5.

Robbery as described in V.T.C.A. Penal Code, Chapter 29;

6.

Burglary as described in V.T.C.A., Penal Code Chapter 30;

7.

Theft as described in V.T.C.A., Penal Code, Chapter 31, but only if the violation is punishable as a felony;

8.

Fraud as described in V.T.C.A., Penal Code Chapter 32;

9.

Tampering with a governmental record as described in V.T.C.A., Penal Code Chapter 37;

10.

Public indecency (prostitution or obscenity) as described in V.T.C.A., Penal Code Chapter 43;

11.

The transfer, carrying, or possession of a weapon in violation of V.T.C.A., Penal Code, Chapter 46, but only if the violation is punishable as a felony;

12.

A violation of V.T.C.A., Health and Safety Code Chapter 483, Dangerous Drugs, of the that is punishable as a felony;

13.

A violation of the Controlled Substances Act, V.T.C.A., Health and Safety Code Chapter 481 that is punishable as a felony; or

14.

Criminal attempt to commit any of the offenses listed in 1. through 13. of this subsection;

b.

For which:

1.

If the applicant was convicted for a misdemeanor offense, less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date;

2.

If the applicant was placed on probation or deferred adjudication for a misdemeanor offense, less than two years have elapsed since the date of successful completion of probation or deferred adjudication;

3.

If the applicant was convicted for a felony offense, less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction or the date of release from parole, whichever is the later date;

4.

If the applicant was placed on probation or deferred adjudication for a felony offense, less than five years have elapsed since the date of successful completion of probation or deferred adjudication;

5.

Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if, within any 24-month period, the applicant has two or more convictions of any misdemeanor offense or combination of misdemeanor offenses; or

6.

Less than five years have elapsed since the date of the successful completion of probation or deferred adjudication for the last offense, whichever is the later date, if, within any 24-month period, the applicant has been placed on probation or deferred adjudication two or more times for any misdemeanor offense or combination of misdemeanor offenses;

c.

Not be addicted to the use of alcohol or narcotics;

d.

Be subject to no outstanding warrants of arrest;

e.

An applicant who has been sentenced for an offense listed in Subsection (b)(5)(a.) 1-8 which is a felony level offense or criminal attempt of (b)(5)(a) 1-8 for which the required time period provided by this article has elapsed, may qualify only if the chief of police or his designee determines that the applicant is presently fit to engage in solicitation or handbill distribution. In determining present fitness under this section, the chief or his designee shall consider the following:

1.

The extent and nature of the applicant's past criminal activity;

2.

The age of the applicant at the time of the commission of the crime;

3.

The amount of time that has elapsed since the applicant's last criminal activity;

4.

The conduct and work activity of the applicant prior to and following the criminal activity;

5.

Evidence of the applicant's rehabilitation or rehabilitative effort while incarcerated or following release; and

6.

Other evidence of the applicant's present fitness, including letters of recommendation from prosecution, law enforcement, and correctional officers who prosecuted, arrested, or had custodial responsibility for the applicant; the sheriff and chief of police or his designee in the community where the applicant resides; and any other persons in contact with the applicant.

f.

It is the responsibility of the applicant, to the extent possible, to secure and provide to the chief or his designee the evidence required to determine present fitness under subsection e. of this section.

g.

Proof of a sales tax permit issued by the state or proof that the goods sold are not subject to such sales tax; and

h.

An itinerant merchant who makes application to offer his goods for sale upon private property shall provide written proof that he has permission to use such property from the owner or the owner's agent.

i.

The applicant shall present written proof of his authority to represent the company or individual he states he represents.

j.

The application shall be accompanied by a fee in an amount established by the city council and on file in the office of the city secretary, and no permit shall be issued until such fee has been paid by such applicant.

k.

A permit requested under this article shall be issued for the length of time requested, not to exceed thirty (30) days for solicitors and not to exceed fourteen (14) days for itinerant merchants.

l.

Upon expiration of a permit, the solicitor or itinerant merchant may not apply for a new permit for a period of thirty (30) days for the same business and/or location. Application for a subsequent permit must be made in the manner prescribed by this section.

(Ord. No. 2004-113, § 2, 4-6-04; Ord. No. 2004-207, § 4, 7-20-04)