(a) The chief shall issue a certificate of registration to the applicant within 30 days after receipt of the application unless any of the following applies:
(1) The applicant has failed to provide material information requested or made a false statement of a material fact on the application form or in a hearing concerning the application or registration.
(2) The applicant has been convicted of a crime:
(A) involving:
(i) criminal homicide as described in Chapter 19 of the Texas Penal Code, as amended;
(ii) kidnapping as described in Chapter 20 of the Texas Penal Code, as amended;
(iii) a sexual offense as described in Chapter 21 of the Texas Penal Code, as amended;
(iv) an assaultive offense as described in Chapter 22 of the Texas Penal Code, as amended;
(v) robbery as described in Chapter 29 of the Texas Penal Code, as amended;
(vi) burglary as described in Chapter 30 of the Texas Penal Code, as amended;
(vii) theft as described in Chapter 31 of the Texas Penal Code, as amended, but only if the offense was committed against a person with whom the applicant came in contact while engaged in a home solicitation business;
(viii) fraud as described in Chapter 32 of the Texas Penal Code, as amended, but only if the offense was committed against a person with whom the applicant came in contact while engaged in a home solicitation business;
(ix) the transfer, carrying, or possession of a weapon in violation of Chapter 46 of the Texas Penal Code, as amended, or of any comparable state or federal law, but only if the violation is punishable as a felony under the applicable law; or
(x) criminal attempt to commit any of offenses listed in Paragraph (2) (A) (i) through (ix) of this subsection;
(B) for which:
(i) 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, if the applicant was convicted of a misdemeanor offense;
(ii) less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the applicant was convicted of a felony offense; or
(iii) 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.
(3) The applicant has failed to provide proof of a license or permit required by this code or another city ordinance or by state law for the operation of the proposed business.
(4) The applicant or an agent, individually or cumulatively, has been convicted of two violations of this chapter, other than the offense of conducting a home solicitation without a certificate of registration, within the 24 months immediately preceding the application.
(5) The required registration fee has not been paid.
(6) The applicant has failed to comply with or the proposed business will violate any applicable ordinance or regulation of the city or applicable state or federal law.
(b) If the chief determines that a certificate of registration should be denied the applicant, the chief shall notify the applicant in writing that the application is denied and include in the notice the reason for denial and a statement informing the applicant of the right of appeal.
(c) Upon issuing a certificate of registration, the chief shall also issue the registrant an identification badge. At all times the registrant is conducting home solicitations in the city, the registrant shall prominently display the identification badge on the registrant’s clothing and maintain the certificate of registration on the registrant’s person. The registrant shall allow the certificate of registration and the identification badge to be examined upon request by the chief, any police officer, any city code enforcement officer, or the owner or occupant of the residential premises on which a home solicitation is being conducted.
(d) If a registrant’s identification badge is lost, mutilated, or destroyed, the chief shall issue the registrant a duplicate identification badge upon payment of a $10 duplicate badge fee. (Ord. 29245, eff. 4-22-14)