(A) Commercial home solicitation.
(1) A person or organization seeking a permit for the purpose of conducting home solicitation shall file an application with the City Secretary's office. The application shall contain the following information:
(a) The full and legally recognized names and any associated aliases, logos, nicknames, and abbreviated names of the entity or person applying for a permit to solicit;
(b) Whether the person applying is an individual, partnership, corporation, or association and:
1. The business or residence address and telephone number of the applicant;
2. If a partnership, the names of all partners, the principal business address, and telephone number of each partner;
3. If a corporation, the person applying shall state whether it is organized under the laws of this state, another state, or is a foreign corporation, and must show the mailing address, business location, telephone number, name of the individual in charge of such corporation, and, if a foreign corporation, the place of incorporation;
4. If an association, the application shall show the association's principal business address and telephone number, if any, and shall show names and principal business or residence addresses, and telephone numbers of all members of the association unless they exceed ten in number, in which case the application shall so state and the person registering may alternatively list the name and principal business or residence addresses, and telephone numbers of the officers and directors, or trustees of the association;
5. If the association is a 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.
(c) The names, mailing address, and telephone number of all individuals who will be in direct charge or control of the solicitation;
(d) The time period within which the solicitation is to be made, giving the date of the beginning of solicitation and its projected conclusion, and the specific location(s);
(e) A description of the methods and means by which the solicitation is to be accomplished;
(f) The type of merchandise to be sold or offered for sale or the nature of the services to be furnished;
(g) Whether such applicant, upon any such order so obtained, will demand, accept, or receive payment, or deposit of money in advance of final delivery;
(h) A permit will not be issued if there is an affirmative statement as to whether the applicant has ever been:
1. Convicted of, or pleaded nolo contendere, to a misdemeanor involving fraud, theft, embezzlement, burglary, fraudulent conversion, or misappropriation of property within the preceding ten years, or convicted of, or pleaded nolo contendere, to any felony or any offense involving moral turpitude;
2. Found liable in a civil or administrative action in which the complaint, or petition alleged fraud, theft, embezzlement, fraudulent conversion, misappropriation of property, or the use of untrue or misleading representations in an attempt to sell or dispose of property, or to obtain money or a thing of value from another;
3. Found liable under any law regarding the use of unfair, unlawful, or deceptive business practices; or
4. Subject to an injunction or restrictive court order relating to business activity as the result of an action brought by a federal, state, or local public agency, including an action affecting a vocational license.
(i) The names of any cities where the applicant has worked in the previous 365 days;
(j) Two full-face photographs of each applicant, two inches square;
(k) A copy of a valid state tax sales certificate, if applicable;
(l) An authorization to conduct a criminal background check on the applicant;
(m) Any other information, which the city deems necessary for the administration of this chapter.
(2) The application must be signed by the applicant and accompanied by a non-refundable application fee of $25.00 and a permit fee of $75.00, if approved. Such application shall also show satisfactory written proof of the individual's authority to represent the company.
(3) Information provided by applicant will be subject to verification by City Hall personnel.
(4) Failure to provide a complete and thorough application or falsification of any part of the application shall be grounds for the denial or revocation of a permit.
(5) After review of the permit application and within ten business days of the receipt of the application, the mayor, City Secretary, or their designee shall either issue a permit, as provided in this chapter, or notify the person applying that the application does not comply with the requirements of this section, specifying why the application is incomplete, or otherwise does not comply.
(6) If the applicant is 15 years of age or less, a copy of the parental consent form required by Tex. Labor Code § 51.0145 and the name, address, and telephone number of all persons who will be responsible for supervising the activities of the applicant must be provided.
(7) A permit granted under this chapter shall be valid only until the termination of the solicitation period specified in the permit or for 30 days, whichever is less. Each application for renewal must verify permit information as correct, and provide copies of sales tax returns for the prior permit period.
(B) Commercial home distribution.
(1) No person shall engage in a commercial home distribution without having a valid, current permit issued under the provisions of this chapter by the City Secretary's office. The application shall contain the following:
(a) The name, date of birth and mailing address of the person(s) applying;
(b) The name, mailing address and phone number of the handbill sponsor and company organizing the distribution of same;
(c) The time period and locations within which commercial home distributions will be made, including the proposed beginning date, the projected date of conclusion, and an estimate of how often the applicant will distribute during the permit period;
(d) A description of the methods and means by which the commercial home distributions will be accomplished;
(e) A description of the goods or services tobe sold or offered through the distribution;
(f) If the applicant is 15 years of age or less, a copy of the parental consent form required by Tex. Labor Code § 51.0145 and the name, address, and telephone number of all persons who will be responsible for supervising the activities of the applicant must be provided;
(g) A permit will not be issued if there is an affirmative statement as to whether the applicant has ever been:
1. Convicted of, or pleaded nolo contendere, to a misdemeanor involving fraud, theft, embezzlement, burglary, fraudulent conversion, or misappropriation of property within the preceding ten years, or convicted of, or pleaded nolo contendere, to any felony or any offense involving moral turpitude;
2. Found liable in a civil or administrative action in which the complaint or petition alleged fraud, theft, embezzlement, fraudulent conversion, misappropriation of property, or the use of untrue or misleading representations in an attempt to sell or dispose of property, or to obtain money or a thing of value from another;
3. Found liable under any law regarding the use of unfair, unlawful, or deceptive business practices; or
4. Subject to an injunction or restrictive court order relating to business activity as the result of an action brought by a federal, state, or local public agency, including an action affecting a vocational license.
(2) It shall be unlawful for any person to file an application for a commercial home distribution permit that contains any false statement of fact.
(3) The names of any cities where the applicant has worked in the previous 365 days.
(4) The application for the permit must be signed by the applicant and accompanied by a non-refundable application fee of $25.00 and a permit fee of $75.00, if approved. Such application shall also show satisfactory written proof of the individual's authority to represent the company.
(5) It shall be unlawful for any person to engage in a commercial home distribution without carrying the permit required by this chapter, on his or her person, while so engaged, or to display a permit issued in the name of another person.
(6) After review of the permit application and within ten business days of the receipt of the application, the City Secretary or his or her designee shall either issue a permit, as provided in this chapter, or notify the person applying that the application does not comply with the requirements of this chapter, specifying why the application is incomplete or otherwise does not comply.
(7) A permit granted under this chapter shall be valid only until the termination of the solicitation period specified in the permit or for 30 days, whichever is less, but may be renewed once for 30 days, if made within the initial 30 day period of the original permit. Each application for renewal must verify permit information as correct and provide copies of sales tax returns for the prior permit period.
(C) Group registration (applies to commercial home distribution permits only).
(1) A person may apply for a group registration applicable to two or more persons who desire to engage in commercial home distributions.
(2) The registration application shall contain all of the information required herein for each person who will be engaging in commercial home distributions under the group registration.
(3) The application must be signed by a person responsible for the group application and shall be accompanied by a non-refundable application fee of $25.00 and an additional permit fee of $75.00 for each person to be included under the group application.
(4) Provided that, if the applicant registers ten or more persons under a group application, the additional permit fee shall be $10.00 per person. The applicant for group registration shall provide each person distributing under the applicant's registration an identification badge to be worn and displayed while the person is engaging in a commercial home distribution.
(D) Itinerant vendors.
(1) Every driver or owner or person desiring a permit to conduct sales activity in the city as a mobile ice cream truck, mobile frozen dairy food vendor, food truck/trailer, or other itinerant street vendor shall make a written application therefore to the City Secretary's office. The application shall be made on a form approved by the City Secretary, accompanied by a non-refundable $25.00 application fee and a $75.00 permit fee if approved, and state the following:
(a) Name, business address, and telephone number of applicant;
(b) Name, address, and telephone number of the person, firm, or corporation the applicant is representing; the agent or service of process of a corporation, and/or name and address of any owner of a business not incorporated, and the assumed name of said business filed in the index in the county of its home office, for any business;
(c) Attached to the application shall be a certified original copy of the sales tax permit issued by the comptroller of the state;
(d) Statement of the kind, type, and character of solicitation and/or the goods that applicant will offer for sale, and state whether the purchaser of such wares or goods shall be required to make any deposit or advance payment of purchase price before delivery, and a complete and full statement of the delivery date;
(e) The period of time the applicant requests to sell or solicit in the city;
(f) Location or area of the city where sales activity will be conducted;
(g) List of all convictions of all felonies and misdemeanors and violations of this chapter of applicant and representatives, stating the offense, city and state, the court of conviction, and the punishment imposed;
(h) Name and phone number of three character witnesses for applicant who can be contacted within 48 hours;
(i) If sales are to be conducted from one or more stationary locations, the applicant shall submit written consent of the property owner, or its authorized agent consenting to applicant's use of such private property for sales activity indicated in the permit application;
(j) Names of each employee, agent, or representative for whom the applicant will sell, offer, exhibit, or solicit orders for the sale of goods, wares, or merchandise for, or on behalf of, the applicant;
(k) The name of all cities in which the applicant has conducted sales activity in the last 365 days.
(2) No itinerant street vendor permit of any kind shall be granted unless:
(a) The applicant is at least 18 years of age, has a valid state issued driver license;
(b) The applicant has no active suspension on his or her driving privileges in any state;
(c) No permit shall be issued if the applicant has been convicted of, or pleaded nolo contendere to, any felony or any offense involving moral turpitude.
(3) Before a permit is issued by the City Secretary's office, the applicant will be required to furnish a policy of liability insurance, in the amount of $250,000.00 per incident. This policy must include a provision that the city will be notified within 30 days if this policy of insurance is to be cancelled for any reason.
(a) Cancellation of an insurance policy for a mobile ice cream truck, mobile frozen dairy food vendor, food truck/trailer, or other itinerant street vendor shall be an automatic revocation of the permit issued to that mobile ice cream truck, mobile frozen dairy food vendor, food truck/trailer, or other itinerant street vendor.
(b) Cancellation of an insurance policy for any company that operates any mobile ice cream truck, mobile frozen dairy food vendor, food truck/trailer, or other itinerant street vendor shall be an automatic revocation of all city permits issued to all mobile ice cream trucks, mobile frozen dairy food vendors, food trucks/trailers, or other itinerant street vendors operated by that company.
(4) Vehicles must be in good condition and have a current safety inspection sticker from the Texas Department of Motor Vehicles.
(5) Any itinerant vendor handling or selling non-prepackaged food must also possess a current Bowie County Public Health Department Food Handler Card. Proof of an annual health department inspection shall be provided at the time of permit application. The inspection shall be performed by a registered sanitarian licensed in the State of Texas and employed with a county or city health department in the State of Texas.
(6) When the application is approved, the mobile ice cream truck, mobile frozen dairy food vendor, food truck/trailer, or other itinerant street vendor's permit shall be issued in card form. The photograph of the driver, if applicable, shall be attached to the card.
(a) Each driver will be given a mobile ice cream truck, mobile frozen dairy food vendor, food truck/trailer, or other itinerant street vendor permit number, which will be on such permit. This card shall be posted in a prominent place in the mobile ice cream truck, mobile frozen dairy food vendor, food truck/trailer, or other itinerant street vendor vehicle, and shall be shown to any customer, peace officer, or city official upon request.
(b) A copy of the permit shall be posted in the mobile ice cream truck, mobile frozen dairy food vendor, food truck/trailer, or other itinerant street vendor vehicle at all times.
(7) A permit granted under this article shall be valid for 30 days. Each application for renewal must verify permit information as correct, and provide copies of sales tax returns for the prior permit period.
(Ord. 20-0214, passed 2-18-2020)