(A) Application for a permit required by § 110.03 above, shall be made upon forms furnished by the Director of the Department of Public Safety and shall contain information deemed necessary by the Director of the Department of Public Safety to properly identify the applicant, the nature of his or her business, and the business entity by which he or she is employed. The information shall include, but not be limited to, the following:
(1) The name of the person applying, their date of birth, residence and business addresses, and residence and business telephone numbers.
(2) If different from the person applying, the name of the handbill sponsor if the permit is for the purpose of distributing commercial handbills and the name of the merchant if the permit is for the purpose of solicitation.
(3) Supervisor’s name, address, and phone number.
(4) Each applicant shall appear in person and provide proof of identification through a valid driver’s license or other valid, official government issued identification.
(5) Whether the applicant or any agent of the applicant has been convicted of a felony within the last five years.
(6) The full legal name, telephone number and address of commercial organization.
(7) Full and complete list of goods sought to be sold and services to be delivered.
(8) The time period within which the solicitation of funds or distribution of handbills is to occur; specifically including the beginning and ending date of the solicitation of funds or distribution of handbills.
(9) A description of the methods and means by which the solicitation of funds or distribution of commercial handbills is to be accomplished.
(10) Whether the applicant, if an order is obtained, will demand, accept or receive payment or deposit of money in advance of final delivery.
(11) A statement that if the permit is granted, then said permit shall not be used or represented as endorsed or approved by the city or any of its officers or employees.
(12) The specific location, if any, in which the vendor/peddler intends to conduct business.
(13) If the applicant is peddling or soliciting funds from private property, a written statement from the property owner consenting to applicant's use of his/her property for the sales activities indicated in the permit application.
(14) In regards to a handbill sponsor and/or merchant, the following shall apply:
(a) If a natural person, the business and residence addresses and telephone numbers.
(b) If a partnership:
1. The names of all partners;
2. The name, principal business address;
3. Telephone number of the partnership and the agent for service of process; and
4. The state of formation.
(c) If a corporation or limited liability company, the person applying must state:
1. The mailing address and telephone number of the principal place of business and the registered agent;
2. The mailing address, business location, telephone number and name of the individual in charge of the local office of such entity, if any;
3. The names of all officers and directors or trustees of such corporation, or of all members (if member managed), managers and officers of such limited liability company; and
4. The state of incorporation or formation.
(d) If an association or any other entity, the person applying must state:
1. The mailing address and telephone number of the principal place of business and the agent for service of process;
2. The names of all members/owners of the association unless they exceed ten in number, in which case the application shall so state and the person registering may in the alternative list the names and business addresses and telephone numbers of the officers and directors or trustees of the association; and
3. If the association is part of a multi-state organization or association, the mailing address and business location of its central office shall be given, in addition to the mailing address and business location of its local office.
(15) Satisfactory proof of the individual’s authority to represent the partnership, corporation association or business entity.
(16) Application must be accompanied by a copy of a valid state sales tax certificate, if applicable.
(17) Information provided by applicant will be subject to verification by the Department of Public Safety and/or other databases.
(B) Every application shall be accompanied by a non-refundable, nontransferable application fee as set forth in the fee resolution. The permit to be issued by the Director of the Department of Public Safety shall be issued for a period of one year from the date of approval and shall be renewed only upon the same terms and conditions as provided herein, and as amended.
(1) A different fee amount may be set forth in the fee resolution for the noncommercial door-to-door solicitors, including but not limited to, persons selling goods or merchandise on behalf of any education, religious, or civic institution or other non-profit organization.
(C) Every permittee shall be issued a card which shall be wallet size and contain the following information: name of permittee, license number, date of expiration, signature of the City Secretary and City Seal. The card shall be carried on the person at all times and exhibited to any peace officer or resident upon request.
(D) If the application is for a child or children under 14 years of age or younger subject to Texas Labor Code Ch. 51, the following information must also be attached to the application:
(1) A copy of the parental consent form required by the Texas Labor Code § 51.0145, as it exists or as may be amended;
(2) Documentation showing that the Texas Employment Commission has granted a hardship exemption if required under the Texas Labor Code Ch. 51; and
(3) The name, address, and telephone number of all persons who will be responsible for supervising the child pursuant to the Texas Labor Code § 51.0145, as it exists or as it may be amended.
(E) All applications, whether or not a permit is issued, shall be considered public record in accordance with the Texas Public Information Act, as amended.
(Ord. 150526F, passed 5-26-2015)