(A) Every person desiring to solicit in the city shall, unless otherwise exempted, apply for a permit from the City Secretary. Each application for a permit required by this subchapter shall be in writing, under oath, notarized, and shall set out the following:
(1) The name of the applicant, with his permanent residence;
(2) Whether the person represents a partnership, corporation, or association, and:
(a) The business address and telephone number of the applicant;
(b) If a partnership, the names of all partners and the principal business address and telephone number of each partner;
(c) If a corporation, the person applying shall state whether the corporation is organized under the laws of the State of Texas or is a foreign corporation, and must show the mailing address, business location, telephone number, name of the individual in charge of the local office of such corporation, and the names and addresses of all officers and directors or trustees of said corporation, and, if a foreign corporation, the place of incorporation; and
(d) If an association, the application shall show the association’s principal business address and telephone number, and, if the association is part of a multi-state organization or association, the mailing address and business locations of its local office.
(3) The specific location in which the applicant intends to solicit under the permit;
(4) The names, mailing address, and telephone number of all individuals who will be in direct charge or control of the solicitation of funds;
(5) The kind, type, and character of goods or services the applicant proposes to offer for sale, including the name brand, manufacturer and distributor of food, goods, and commodities, and the name, publisher, and distributor of all books, magazines, or periodicals to be offered for sale;
(6) A full description of goods and/or services for solicitation;
(7) How often the applicant will solicit during the year;
(8) The time period within which the solicitation is to be made, giving the date of the beginning of solicitation and its projected conclusion;
(9) A description of the methods and means by which the solicitation of funds is to be accomplished;
(10) The names of any cities where the applicant has obtained a solicitation permit within the previous five years;
(11) Whether the applicant, or any solicitor listed in the application, has ever been convicted of a felony or a misdemeanor involving moral turpitude;
(12) The state driver’s license number or a state approved identification card number of the applicant and of each solicitor;
(13) If a motor vehicle is to be used during the time when the applicant will be soliciting, a description of the vehicle, together with the motor vehicle registration number, license number, and a copy of the vehicle’s current proof of liability insurance;
(14) A copy of the applicant’s current State of Texas Sales Tax Permit together with written documentation from the State Comptroller that all sales taxes that may be due and owing by the applicant have been fully paid; and
(15) A sworn statement from the property owner, if applicable, consenting to the applicant’s use of his or her property for the solicitation activities indicated in the permit application.
(B) In addition, there shall be attached to each application for a permit, the following:
(1) Two recent photographic likenesses of the applicant’s face, and any solicitor soliciting under said permit, which photographs shall not exceed one inch square in size;
(2) A certificate or letter from the president, vice-president, general manager, sales manager, assistant sales manager, or district or area manager of the company for which the applicant works, sells, or solicits stating that the applicant is an employee and/or agent of such company;
(3) A reference to a recognized financial rating publication, which reference shall show the page on which the company’s or firm’s financial standing can be found; or a letter or a certificate from an association or organization which has as its purpose the protection of citizens of the United States against illegal or unsavory business practices stating that the firm or company is a member in good standing of such association or organization; and
(4) A copy of a valid health permit for any applicant engaged in the sale or distribution of food or beverages. A solicitor’s food and beverage equipment shall be subject to inspections by the health department at the time of application and at periodic intervals thereafter.
(Ord. O-12-724, passed 2-6-2012)