I.

DEFINITIONS 

(a)        "Peddler," "itinerant vendor," "itinerant merchant," or "solicitor" shall mean any person, partnership, firm, or corporation going from place to place in the city soliciting, exhibiting, selling, canvassing, or taking orders for or offering to sell or take orders for any goods, wares, merchandise, foodstuffs, services, and subscriptions to magazines or publications. The same shall also include any person, partnership, firm or corporation soliciting, exhibiting, selling, canvassing or taking orders for or offering to sell or take orders for any goods, wares, merchandise, foodstuffs, services, and subscriptions to magazines or publications upon or from a truck or other vehicle whether on the streets or from any property whatever in the city, whether public or private. Anyone who solicits orders and, as a separate transaction, makes deliveries to purchasers as a part of a scheme or design to evade these provisions shall be deemed a peddler, itinerant merchant or solicitor.

(b)        "Special event" means an activity which makes a significant contribution to the cultural, economic, or social welfare of the city, is sponsored or organized by the City or non-profit organization, is held at a particular time and location, and is for the purpose of the sale or distribution of services or goods on public or private property.

II.

PROHIBITIONS AND GUIDELINES 

(a)        Refusal to Leave Premises. It shall be unlawful for any peddler, itinerant vendor, or solicitor who enters upon premises owned, occupied, or leased by another person to willfully refuse to leave such premises after having been notified of [to leave] such premises by the owner or possessor of such premises or his agent. Any peddler who enters upon premises owned, leased or rented by another and refuses to leave such premises, after having been notified by the owner or occupant of such premises, shall be deemed guilty of a misdemeanor.

(b)       Entering Posted Premises. It shall be unlawful for any peddler, itinerant vendor, or solicitor to enter upon any private premises when the same is posted with a sign stating "No Peddlers Allowed" or "No Solicitation Allowed" or other words to such effect. 

(c)        Hours of Operation. It shall be unlawful for any peddler, itinerant vendor, or solicitor to engage in the business of peddling at any time other than between the hours of 8:30a.m. and 6:00p.m., Monday through Saturday inclusive, except when the peddler, itinerant vendor, or solicitor has specific invitation and an appointment with the customer. 

(d)       Soliciting at Intersections. It shall be unlawful for any peddler to solicit funds, to advertise, or to distribute any item, either on foot or in automobiles, for any cause whatsoever, at or near any intersection or crossing of streets within the city limits. 

(e)        Misrepresentation. It shall be unlawful for any peddler to make false, misleading or fraudulent statements concerning the quality or nature of his goods, wares, merchandise or services for the purpose of inducing another to purchase the same. 

(f)        Food Handlers. In addition to securing a City of Mineola permit, all prepared food vendors shall comply with the state food handler's regulations. As it is related to this ordinance, flavored ice and drink vendors are considered food vendors.

(g)        Collection of Sales Tax. All peddlers requiring a permit, are required under this ordinance to produce a current and valid sales tax certificate upon request. 

(h)       Farmers Market. The City Council may issue a blanket peddler/vendor permit to a property/business owner which is set up for the primary purpose of selling fruits, vegetables, or farm products which were produced on land within the state. The person owning and managing the property granting such permission, along with the peddler, will be collectively and individually responsible for compliance with the adopted zoning codes, as well as, all other regulatory provisions of the City of Mineola or State of Texas. No other individual vendor permits or temporary sales permits will be required nor will the standards of this Ordinance apply.

III.

PEDDLERS, VENDORS AND ITINERANT VENDOR'S INVESTIGATION FEE

Each person engaging in any activity mentioned in Section I and Section II of this Ordinance shall pay the City of Mineola a permit fee for a peddler / vendor license in the amount of one hundred dollars ($100.00). 

IV.

PERMIT

(a)        Required. 

It shall be unlawful for any person, partnership, firm, or corporation, to peddle, sell, solicit, exhibit, or take orders or offer to take orders for any goods, wares, merchandise, foodstuffs, services, and subscriptions to magazines or publications without first having obtained a permit to do so from the city after being approved by the Police Chief, or City Administrator. 

(b)       Application.

(i)        Any person desiring to obtain a permit as required by this Ordinance shall make written application to the city. The application shall show at least the following:

(1)       The name of the applicant and his address;

(2)       The name and address of the person or firm the applicant represents;

(3)       A physical description and the social security number and driver's license number of the applicant;

(4)       A record indicating any prior conviction of a felony or misdemeanor involving theft, fraud, robbery, or perjury;

(5)       The name of the immediate last preceding three municipalities in which the applicant works;

(6)       The product or service offered or to be offered for sale;

(7)       Whether the applicant will demand, accept, or receive payment or deposit of money in advance of final delivery of any product or service ordered;

(8)       The date the permit was issued; and 

(9)       The period of time such applicant wishes to take orders in the city.

(ii)       In addition, there shall also be attached to each application for a permit the following:

(1)       A recent photographic likeness of the applicant's face as well as any person(s) working with the applicant; and

(2)       Satisfactory proof that the applicant represents the company or individual he purports to represent.

(iii)      In addition, the applicant may be required to submit to fingerprinting. Such fingerprinting shall be kept as a permanent record with the application.

(iv)      No permit shall be issued until such written application has been filed with the city for a period of not less than 24 hours. 

(c)        Bond.

(i)        If the application shows the applicant is to take orders for future delivery, he shall give a bond signed as surety by some surety company authorized to do business in Texas, conditioned for the final delivery of goods or services in accordance with the terms of such order obtained and also conditioned to indemnify any and all purchasers or customers for any and all defects in material or workmanship that may exist in the article sold by the principal in such bond, at the time of delivery, that may be discovered by such purchaser or customer within 30 days after delivery. Such bond shall be in the sum of not less than $1,000.00 and shall remain in full force and effect for the entire duration of the license [or] permit.

(ii)       Any bona fide charitable, religious, educational, or philanthropic organization or any person engaged in interstate commerce shall not be required to give a surety bond, even though orders may be taken for future delivery. 

(d)       Investigation of Applicant. It shall be the duty of the Police Chief to investigate each person that has made an application for a permit. It shall be unlawful for any person to give any false or misleading information in connection with his application for a permit required by this Ordinance.

(e)        Issuance; Term. Upon completion of the investigation, and clearing by the Police Chief, the city shall issue or refuse to issue a permit. All permits issued shall be valid for a period of 5 business days (excluding Sundays) unless sooner revoked.

(f)        Fee. Each applicant for a permit under this Ordinance shall be charged a permit fee as prescribed herein. Such fee shall be paid by the person desiring such permit and is payable at the time of application. This fee shall not be prorated nor refunded regardless of whether a permit is issued. No fee shall be charged to any bona fide charitable, religious, educational, or philanthropic organization, or persons engaged in interstate commerce. The term "interstate commerce" means soliciting, selling, or taking orders, or offering to take orders, for any goods or services 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 the State of Texas, and shipped or introduced into this city in the fulfillment of such orders.

(g)        Carrying and Display. It shall be unlawful for any peddler, itinerant merchant, or solicitor to engage in any activity for which a permit is required by this Ordinance unless he carries such permit on his person while so engaged. Every peddler, itinerant merchant, or solicitor shall display his permit on request of any person, and failure to so display such permit shall be grounds for revocation and shall constitute a violation of this Ordinance. 

(h)       Revocation. After such permit has been issued and the city finds that the permit was obtained by false representation in the application or that the permit holder has committed any act or practice that violates section 17.46 et seq., Texas Business and Commerce Code, otherwise known as the Texas Deceptive Trade Practice Act, or has committed any crime or misdemeanor involving moral turpitude or any violation of this Ordinance or any other city ordinance or state or federal law, the city may revoke such permit by giving written notice to the holder and a hearing held. Such notice shall be given by depositing same in the United States mail, certified or registered mail, return receipt requested, addressed to the permittee at the address stated on the license application. Such hearing shall be held not less than ten (10) days after the service of such notice. 

(i)         Transfer. No permit issued under this Ordinance shall be transferable or assignable nor give authority to more than one person to engage in business as a peddler, itinerant merchant, or solicitor, but any person having obtained such permit may have the assistance of one or more persons in conducting such business.

(j)        Exemptions. The following persons, partnerships, firms, or corporations shall be exempt from the permit provisions of this Ordinance:

(i)        Ordinary commercial travelers who sell or exhibit for sale goods or services to local firms or businesses and not to residences or the general public;

(ii)       Daily deliveries of milk, bakery, and other food products, liquor deliveries, or newspaper deliveries to businesses or residences; and

(iii)      Insurance salesmen, real estate salesmen, and other professionals licensed by the state, except that insurance salesmen shall personally solicit only at the specific request of the owner or occupant of the business or residence at which the solicitation is being made. 

(iv)       Special Events, solicitations, sales or distributions made for noncommercial purposes by local government, charitable, educational, or religious non-profit organizations shall not be required to obtain a permit.

(v)        Any individual soliciting or peddling for a philanthropic, charitable, political or religious organization.

V.

PENALTY

Any person who violates this ordinance or part thereof shall be guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine of not to exceed $200 for each offense.

VI.

REPEALER 

            Any Ordinance, Resolution and/or policy in conflict with any of the provisions contained herein are repealed in their entirety.

VII.

SEVERABILITY

Should any sentence, clause, phrase or provision of this Ordnance be declared illegal, unenforceable or unconstitutional by any court of competent jurisdiction, said finding shall not affect the remaining sentences, clauses, phrases or provisions of this Ordinance.