Chapter 5.05
Solicitors, Peddlers and Itinerant Merchants
Sections:
5.05.010 Permit and license required.
5.05.040 Investigation and issuance.
5.05.070 Exhibition of license.
5.05.080 Duties of police to enforce.
5.05.090 Revocation of license.
5.05.110 Selling by public outcry.
5.05.120 Penalty for violation.
5.05.010 Permit and license required.
It shall be unlawful for any person to engage in business as a peddler or solicitor, as defined in this chapter, within the corporate limits of the City of Brownsville, without first obtaining a license as herein provided. [Ord. 369 § 1, 1959; 1981 Compilation § 6-1.1.]
5.05.020 Definitions.
“Nonprofit organizations” includes any corporation, association, society or other organization which is organized or associated together on a nonprofit basis and the purpose of such organization or association in its operations is conducted without the intent to produce profit in money, and an officer of such organization or association shall have filed an affidavit of nonprofit status with the Chief of Police of the City of Brownsville.
“Peddler” includes any person traveling by any means from place to place, house to house, or street to street, offering or exposing goods, wares, merchandise, or services for sale, or making sales and delivering articles to the purchasers.
“Peddler and solicitor” shall not be interpreted to include those persons calling upon business firms, either in delivery of goods or soliciting orders for merchandise, goods or services which are regularly handled or used by said business firms in their regular course of business.
“Persons” shall include the singular, plural, firm, corporation, association, partnership, society or other organization.
“Solicitor” includes any person traveling by any means from place to place, house to house, or street to street, taking or attempting to take orders for sale of goods, wares, merchandise or services for future delivery or to be furnished in the future, regardless of the method of payment.
This chapter shall not be interpreted to apply to milk, groceries or other merchandise deliveries or services ordered by a resident or sold by an area merchant and delivered to the purchaser as a service. [Ord. 369 § 2, 1959; 1981 Compilation § 6-1.2.]
5.05.030 Applications.
A licensee, under this chapter, must file with the Chief of Police a sworn application, in writing, on a form to be furnished by the City Recorder, which shall give the following information:
A. The name and description of the applicant or if made on behalf of a nonprofit organization, the name and the address of an officer whose residence shall be in the City of Brownsville.
B. Address, both permanent and local, if any.
C. A brief description of the nature of business and the goods or services to be sold. In the case of products of farms or orchards, a statement whether the produce to be sold is grown by the applicant.
D. If the applicant is employed, the name and address of the employer, together with credentials establishing an exact relationship. [Ord. 369 § 3, 1959; 1981 Compilation § 6-1.3.]
5.05.040 Investigation and issuance.
A. Upon receipt of an application, the Chief of Police shall cause investigation of the applicant’s business and moral character to be made as shall be deemed necessary for the protection of the public interest.
B. The Chief of Police, within 15 days from the date of the application, shall endorse the application as “satisfactory” or “unsatisfactory” and, if the same shall be endorsed “unsatisfactory,” the reason for such endorsement shall be set forth thereon. If the application is not acted upon within 15 days, it shall be presumed that the endorsement shall be satisfactory.
C. Where the application is endorsed “satisfactory” or 15 days shall have elapsed without action by the Chief of Police, the Chief of Police shall then issue a license card addressed to the applicant for the carrying on of the business applied for. Such license shall contain the signature and seal of the issuing officer and shall show the name and address of the licensee, if such licensee shall not be a nonprofit organization, and the kind of goods to be sold thereunder, the date of issuance and the expiration date of the license. The Chief of Police shall keep a permanent record of all licenses for a period of two years from the date of issuance.
D. If the application is endorsed “unsatisfactory,” the Chief of Police shall notify the applicant that his application has been disapproved and the reasons therefor. [Ord. 369 § 4, 1959; 1981 Compilation § 6-1.4.]
5.05.050 License fee.
A. Except as herein specifically exempted for payment of fees, all persons applying for a license shall pay a fee in the sum of $5.00 as an application fee and an annual license fee in the sum of $1.00. Licenses may be renewed on an annual basis upon payment of a license fee in the amount of $1.00.
B. No application or license fee shall be required on one selling products of the farm or orchard actually produced by the seller; a newspaper carrier soliciting subscriptions; and a nonprofit organization making application on behalf of its members.
C. All licenses run from January 1st to December 31st, inclusive. Licenses issued after the first day of July shall pay one-half of the annual license fee. [Ord. 369 § 5, 1959; 1981 Compilation § 6-1.5.]
5.05.060 Transfer.
No license shall be used at any time by any person other than the one to whom it is issued. [Ord. 369 § 6, 1959; 1981 Compilation § 6-1.6.]
5.05.070 Exhibition of license.
Peddlers and solicitors are required to exhibit their license card at the request of any citizen. [Ord. 369 § 7, 1959; 1981 Compilation § 6-1.7.]
5.05.080 Duties of police to enforce.
It shall be the duty of any police officer of the City of Brownsville to require any person seen peddling or soliciting and who is not known by such officer to be duly licensed to produce his license card and to enforce the provisions of this chapter against any person found to be violating the same. [Ord. 369 § 8, 1959; 1981 Compilation § 6-1.8.]
5.05.090 Revocation of license.
A. Licenses may be revoked by the Chief of Police, after notice of hearing for any of the following causes:
1. Fraud and misrepresentation or false statement contained in an application for license.
2. Fraud and misrepresentation or false statement made in the course of carrying on the business as a peddler or solicitor.
3. Any violation of this chapter.
4. Conviction of any crime or misdemeanor involving moral turpitude.
5. Conducting the business of peddling or soliciting in an unlawful manner or in such a manner to constitute a breach of peace or constitute a menace to the health, safety or general welfare of the public.
B. Notice of hearing for revocation of a license shall be given in writing setting forth the grounds of the complaint and time and place for hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least five days prior to the date set for hearing. [Ord. 369 § 9, 1959; 1981 Compilation § 6-1.9.]
5.05.100 Appeal.
Any person aggrieved by the action by the Chief of Police in denial or revocation of his license shall have the right to appeal to the Council of the City of Brownsville. Such appeal shall be taken by filing with Council, within 14 days after notice of the action complained of has been mailed to such person’s last known address, a written statement setting forth fully the grounds for the appeal. The Council shall set a time and place for the hearing of such appeal and notice of such hearing shall be given to the appellant in the same manner as notice of revocation. The decision and order of the Council on such appeal shall be final and conclusive. [Ord. 369 § 10, 1959; 1981 Compilation § 6-1.10.]
5.05.110 Selling by public outcry.
Hawking or otherwise display goods on the public streets in the City of Brownsville by public outcry is hereby specifically prohibited. [Ord. 369 § 11, 1959; 1981 Compilation § 6-1.11.]
5.05.120 Penalty for violation.
Any person violating any of the provisions of this chapter shall, upon conviction thereof in the Municipal Court, be punished by a fine not to exceed $100.00 or by imprisonment not to exceed 30 days, or both such fine and imprisonment. [Ord. 369 § 13, 1959; 1981 Compilation § 6-1.13.]