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For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONVICTED SEX OFFENDER. A person that has received a rendition of an order by a court imposing a punishment of incarceration, probation or fine for a crime of aggravated sexual assault, aggravated sexual assault of a child, aggravated sexual assault 65 years or older, aggravated kidnapping (violate/abuse victim sexually), indecency with child sexual-contact, sexual assault, sexual assault of a child, sexual performance of child, prohibited sexual conduct, compelling prostitution, possession/promotion of child pornography, indecency with child-exposure, kidnaping with victim under 17 years of age, unlawful restraint with victim under 17 years of age, aggravated kidnaping (with no sexual intent and victim under 17 years of age), indecent exposure-second conviction, preparatory offense-attempt, conspiracy and solicitation to commit any sexual offense. Also included herein is a conviction involving the violations of any statute from another state regardless of title, that the elements of which meet the above offenses.
PEDDLER. A person who goes from place to place soliciting orders to sell, offering for sale or selling goods, wares or merchandise, including, but not limited to, food items, clothing, novelties and toys.
(1998 Code, § 86-31) (Ord. 05-18, passed 6-15-2005)
(A) Vehicle insurance. The insurance required per vehicle for operating a business from a motor vehicle shall be as prescribed by the city.
(B) Route. The route shall be:
(1) Limited to those areas of the city zoned residential, excluding those residential areas where such activities are precluded in the deed restrictions;
(2) Prohibited on multi-lane roadways. The term
MULTI-LANE, as used in this division (B)(2), shall mean any street with three or more lanes;
(3) Prohibited from within one block of school grounds on school days during school hours and one hour before and after school hours; and
(4) Prohibited on the Texas City Dike and/or Skyline Drive.
(C) Display of permit. The permit shall be in the permittee’s possession and prominently displayed at all times.
(D) Creation of noise. The vendor shall not cause any continuous auditory sound or noise (music boxes or bells) in residential areas of the city. Intermittent noise is permitted between the hours of 10:00 a.m. and 6:00 p.m.
(E) Operation in or around city property. The vendor shall not solicit on streets in or around city-owned properties where “no soliciting” signs are posted.
(F) Parking. The vendor shall, when stopping for customers, park only as permitted by law.
(G) Hours. Door to door solicitations shall take place only between the hours of 10:00 a.m. and 6:00 p.m.
(H) City approved events. Peddlers/vendors are prohibited in city parks during any city authorized event.
(I) Dike permit locations. Peddler/vendor locations on the Texas City Dike are by special Dike permit only. Peddling is allowed on the Dike only in designated vending areas. Areas are posted as “vendor” followed by a numerical character. The number of vendors will be limited to the number of designated vending areas available. There will be one vendor allowed at each designated vendor location on a daily first come basis.
(J) Dike allowable items. Merchandise which may be sold by Dike peddler/vendors are limited to the following: food and food products, clothing and accessories, beach wear, umbrellas, sandals, balloons, toys and cosmetics, such as skin lotions and sun creams.
(K) Dike prohibited items. The sale of alcoholic beverages, fishing bait, fishing equipment, fishing tackle and bagged ice by Dike peddler/vendors are strictly prohibited.
(L) Dike vendor requirements. All sales by Dike peddler/vendors conducted while traveling to and from the designated vending locations are prohibited. To qualify for a special Dike permit, a vendor must also hold an annual city peddler/vendor permit. Vendors holding a special Dike permit must adhere to all other ordinances and rules that apply on the Texas City Dike.
(1998 Code, § 86-32) (Ord. 05-18, passed 6-15-2005; Ord. 10-20, passed 9-15-2010; Ord. 11-04, passed 3-2-2011) Penalty, see § 10.99
(A) No person shall solicit in the city without first having obtained a permit as required by this subchapter. City peddler/vendor permit fees shall be:
(1) For a period of three consecutive days: $25;
(2) Each calendar year: $500; and
(3) Special Dike permit, each calendar year: $500.
(B) The vendor must have a current one-year city peddler/vendor permit prior to issuance of special Dike permit.
(C) All yearly permits will be in effect from the day of issuance and expire on December 31 of each calendar year.
(1998 Code, § 86-51) (Ord. 05-18, passed 6-15-2005; Ord. 10-20, passed 9-15-2010; Ord. 11-04, passed 3-2-2011; Ord. 13-36, passed 10-2-2013)
(A) Applicants for a permit under this subchapter must successfully complete the required application and comply with the rules and regulations prescribed by the city.
(B) Before the permit is issued, the applicant shall:
(1) Successfully complete the required application and comply with the rules and regulations as prescribed by the city;
(2) Provide proof of liability insurance as prescribed by the city;
(3) Provide proof of sales tax number;
(4) If applicable, provide the original (no copies) of the county health permit, which shall be posted in the vehicle;
(5) Have not been convicted of a felony offense in the preceding five years or a Class A or B misdemeanor in the past two years, for which:
(a) Less than two years have elapsed since the date of conviction, the date of release from confinement imposed for the conviction or termination of probation whichever is the later date, if the applicant was convicted of a misdemeanor offense;
(b) Less than five years have elapsed since the date of conviction, the date of release from confinement for the conviction or the termination of probation or parole whichever is the later date, if the applicant was convicted of a felony offense; or
(c) A convicted sex offender.
(6) Each applicant must have his or her fingerprints taken by the Police Department of the city at the time of submission of the application; and
(7) Supply two passport sized color photographs.
(1998 Code, § 86-53) (Ord. 05-18, passed 6-15-2005) Penalty, see § 10.99
All applications shall be submitted to the Police Department. The Police Chief’s designee shall conduct a background check on each applicant. If it is determined that the applicant meets all requirements, a permit will be issued. If an applicant does not meet all requirements, the applicant shall be notified in writing as to the reason(s) for disqualification.
(1998 Code, § 86-54) (Ord. 05-18, passed 6-15-2005)
A permit issued under this subchapter may be revoked in accordance with the procedures set out in § 115.022 of this chapter if it is found that:
(A) The permittee has violated any provision of this subchapter;
(B) Any person required to be listed on the application for the permit has, since the permit was granted, been convicted or plead guilty or nolo contendre to any federal, state or local law (other than traffic violations) for any activity done while conducting business under the permit, after such permit was granted; and/or
(C) Any statements made in the application for the permit were known to be false or should have been known to be false by any person required to sign the application.
(1998 Code, § 86-55) (Ord. 05-18, passed 6-15-2005)
(A) General.
(1) Whenever the city receives reliable information that grounds for revocation of a permit exist under § 115.021 of this chapter, the city shall investigate the facts. If the city finds there are probable grounds for revocation of a permit, the city shall give written notice to the permittee by personal service or by certified mail, return receipt requested. Such notice shall set forth:
(a) The specific grounds upon which the permit in question may be revoked;
(b) There will be a hearing before the city’s designated representative in which the city will seek the revocation of the permit;
(c) The date, time and place of such hearing; and
(d) The permittee may appear in person and/or be represented by an attorney and may present testimony and may examine all witnesses.
(2) The notice shall be mailed to the last known address of the vendor if a notice which has been mailed is returned undelivered, service shall be deemed executed.
(1998 Code, § 86-56)
(B) Conduct of hearing.
(1) All permit revocation hearings under this subchapter shall be held by the city’s designated representative. Such officer shall be referred to as the Hearing Officer.
(2) All hearings shall be conducted under rules consistent with the nature of the proceedings, and only evidence presented before the Hearing Officer at such hearing may be considered in rendering the final order.
(1998 Code, § 86-57)
(C) Failure of permittee to appear at hearing. If the permittee fails to appear at a permit revocation hearing at the date and time specified, the city shall introduce evidence to establish a prima facie case showing that grounds exist for revocation of the permit.
(1998 Code, § 86-58)
(D) Findings and order by Hearing Officer.
(1) After completion of the presentation of evidence by all parties appearing at a permit revocation hearing, the Hearing Officer shall make written findings in an order as to whether or not there are grounds for revocation of the permit, and if there are such grounds setting forth in such written findings the specific facts supporting such grounds. If the Hearing Officer finds that grounds do exist for revocation of the permit, he or she shall revoke the permit for such grounds.
(2) A true and accurate copy of the Hearing Officer’s order shall be personally delivered or sent by certified mail, return receipt requested, to the permittee.
(3) The Hearing Officer’s decision is final.
(1998 Code, § 86-59)
(Ord. 05-18, passed 6-15-2005)
(A) A person may not operate a peddler/vendor vehicle inside the city without a valid peddler/ vendor driver’s permit issued to the person under this subchapter.
(B) A peddler/vendor may not employ or contract with a driver or otherwise allow a person to drive a vehicle owned, controlled or operated by the peddler/vendor unless the person has a valid peddler/vendor driver’s permit issued under this subchapter.
(C) The only persons eligible to sell/work or in any way facilitate any sales transactions must have either a vendor’s permit or vendor’s driver’s permit issued to their person.
(1998 Code, § 86-71) (Ord. 05-18, passed 6-15-2005) Penalty, see § 10.99
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