Chapter 23. Itinerant Peddlers, Vendors and Charitable Solicitors

(a) The word "peddler" as used in this chapter shall mean any individual whether a resident of this city or not, traveling by foot, wagon, automobile, motor truck or any other type of conveyance, from place to place, from house to house, or from street to street, for the sale of, as well as the selling, offering for sale or taking or attempting to take orders for the sale of goods, wares and merchandise, personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or not or whether he is collecting advance payments on such sale or not; provided that such definition shall include any person who, for himself, or for another person, hires, leases, uses, or occupies any building, structure, tent, railroad boxcar, boat, hotel room, lodging house, apartment, shop or any other place within this city for the sole purpose of exhibiting samples and taking orders for future delivery. The word "peddler" shall include the terms "canvasser," "solicitor," "transient or itinerant merchant or vendor" or "transient or itinerant photographer."

(b) "Charitable solicitor" or "solicitor" as used in this chapter shall mean any person who conducts a door to door or random canvass or solicitation on behalf of a charitable organization or institution for the purpose of distributing literature seeking financial contribution or other information, including, but not limited to conducting surveys, interviews or any other activity designed to promote or foster the charitable organization or institution, its goals, objectives or its activities.

(c) "Charity," "charitable organization" or "institution" shall be deemed to include any nonprofit corporation or organization which has qualified as a nonprofit corporation and/or organization and is generally known as a tax exempt organization duly qualified as such under the Internal Revenue Code and applicable regulations.

(Ord. No. 2110, §§ 2, 5, 5-5-1975; Ord. No. 90-001, § 2, 1-8-1990)

(a) The provisions of this chapter shall not apply to sales made to dealers by commercial travelers or sales agents in the usual course of business, nor to sales made under authority and by order of law, nor to vendors of farm or dairy products.

(b) The provisions of this chapter shall not apply to routine, door to door contact made by representatives of political organizations, individuals seeking support for political candidates or person seeking election to public office, nor shall this chapter apply to any type of random contact for purely personal or social reasons.

(Ord. No. 90-001, § 3, 1-8-1990)

(a) Any resident of the city may place or affix on the front of any residence, commercial business, home or other place in the city, a sign or other identifying sticker stating:

"No Solicitation - Solicitors Not Allowed on Premises"

(b) It shall be unlawful for any person to enter upon or in any way request entry upon any residence, commercial business, home or other place in the city for the purpose of soliciting, selling or taking orders for or offering to sell, any goods, wares, merchandise, services, photographs, magazines, subscriptions to magazines or other things, where there shall have been previously posted a sign or other identifying sticker stating:

"No Solicitation - Solicitors Not Allowed on Premises"

(Ord. No. 2162, § 1, 10-6-1975)

Any peddler who enters upon any premises owned, leased or rented to another and refuses to leave such premises after having been notified by the owner or occupant thereof, or his agent, to leave the same and not to return to such premises, shall be deemed guilty of a misdemeanor.

It shall be unlawful for any peddler to make false or fraudulent statements concerning the quality of his goods, wares, merchandise or services for the purpose of inducing another to purchase the same.

It shall be unlawful for any peddler to engage in the business of peddling within the city between the hours of one-half hour before sunset and 9:00 a.m. the following morning, or at any time on Sundays, except by specific appointment with or invitation from the prospective customer.

It shall be unlawful for any person to go from house to house or from place to place in the city, soliciting, selling or taking orders for or offering to sell or take orders for any goods, wares, merchandise, services, photographs, magazines, subscriptions to magazines, or other things, without having first applied for and obtained a license from the city clerk.

(Ord. No. 2110, § 2, 5-5-1975)

(a) The provisions of this article pertaining to licenses, license fees, and bonds shall not apply to persons engaged in interstate commerce as that term is herein defined; provided, however, that it shall be unlawful for any persons engaged in interstate commerce to go from house to house or place to place in the city without having first registered with the city clerk, giving the following information:

(1) Name, date of birth, social security number, home address and local address, if any, of applicant.

(2) Name and address of the person, firm or corporation, if any, that he or she represents, or from whom or through whom, orders are to be solicited or cleared.

(3) Nature of the articles or things which are to be sold, or for which orders are to be solicited.

(4) Whether registrant, upon any sale or order, shall demand or receive or accept payment or deposit of money, in advance of final delivery.

(5) A statement that the applicant has not been convicted of any felonies of any nature or any other crimes of moral turpitude in this state or any other state; and if having been so convicted, a full statement as to the place of conviction, date of conviction and crime for which was convicted.

(b) The term "interstate commerce" means soliciting, selling, or taking orders for, or offering to take orders for any goods, wares, merchandise, photographs, magazines or subscriptions to magazines, or things which, at the time the order is taken, are in any federal district or territory, any commonwealth, or in any state other than Texas, or will be produced in any federal district or territory, any commonwealth or any state other than Texas, and shipped or introduced into the city in fulfillment of such orders.

(c) In the event the registrant states in such application that he represents a person for whom or through whom orders are to be solicited or cleared, then upon filing of such application, the registrant shall provide an affidavit in a form as hereinafter set out, signed by such person, in the event of a partnership, by one of the partners in such partnership, or in the event of a corporation, by an officer of the corporation, attesting to the application of such registrant as being true and correct and further attesting that such registrant is a bona fide representative and/or employee of such person, partnership or corporation. The form to be used is the form as hereinafter set out in section 23-21.

(Ord. No. 2110, § 8, 5-5-1975)

(a) The provisions of this article pertaining to licenses, license fees and bonds shall not apply to any person going from house to house or from place to place in the city to sell or solicit orders for goods, wares, merchandise, services, photographs, magazines, subscriptions to magazines or other things when such activity is for the sole exclusive benefit of a nonprofit entity, and so long as the person engaged in such activity does not receive compensation in the form of a commission, salary or other monies paid to him for such activity; provided, however, that it shall be unlawful for any persons engaged in such selling for nonprofit corporations, nonprofit associations or other nonprofit entities, to go from house to house or place to place in the city without having first registered with the city clerk, giving the following information:

(1) Name, date of birth, social security number, home address and local address, if any, of applicant.

(2) Name and address of the person, firm or corporation, if any, that he or she represents, or from whom or through whom, orders are to be solicited or cleared.

(3) Nature of the articles or things which are to be sold, or for which orders are to be solicited.

(4) Whether registrant, upon any sale or order, shall demand or receive or accept payment or deposit of money, in advance of final delivery.

(5) A statement that the applicant has not been convicted of any felonies of any nature or any other crimes of moral turpitude in this state or any other state; and if having been so convicted, a full statement as to the place of conviction, date of conviction and crime for which registrant was convicted.

(b) It shall not be necessary for each person going from house to house or place to place in the city, as herein described to have first registered as herein provided, where there exists a recognized sales leader or other person in charge who may register herein one time for each group; however, it shall be necessary for such sales leader or person in charge to file with the city clerk the names of all such persons engaged in such activity, under the provisions of this section. The city manager may, in the event of an emergency or other circumstances in which he feels to be in the best interest of the health, safety and well being of the citizens of the city, waive the requirements that the registrant file a list of the names of all such persons engaged in such activity under the provisions of this section.

(c) If a person claims exemption from the license fee as set out in section 23-26 as a nonprofit corporation, association or other nonprofit entity, then such person shall file with the city clerk an affidavit stating the full name of such corporation, association or other entity, the date it was first formed, the name of the president, chief officer or other principal, a description as to how said corporation, association or other entity has qualified as a nonprofit corporation, association or other entity, and a statement under oath wherein said registrant shall attest that he will not be the recipient, either directly or indirectly, of any profits, compensation or other things of value as payment for services rendered in making sales.

(Ord. No. 2110, § 10, 5-5-1975)

(a) Any person desiring to go from house to house or place to place in the city, to sell or solicit orders for goods, wares, merchandise, services, photographs, magazines, subscriptions to magazines, or other things, shall make written application to the city clerk for a license, which application shall give the following information:

(1) Name, date of birth, social security number, home address and local address, if any, of applicant.

(2) Name and address of the person, firm or corporation, if any, that he or she represents, or from whom or through whom, orders are to be solicited or cleared.

(3) Nature of the articles or things which are to be sold, or for which orders are to be solicited.

(4) Whether registrant, upon any sale or order, shall demand or receive or accept payment or deposit of money, in advance of final delivery.

(5) A statement that the applicant has not been convicted of any felonies of any nature or any other crimes of moral turpitude in this state or any other state; and if having been so convicted, a full statement as to the place of conviction, date of conviction and crime for which applicant was convicted.

(b) In the event the applicant states in such application that he represents a person, firm or corporation, for whom or through whom orders are to be solicited or cleared, then upon filing of such application, the applicant shall provide an affidavit in a form as hereinafter set out, signed by such person, or in the event of a partnership, by one of the partners in such partnership, or in the event of a corporation, by an officer of the corporation, attesting to the application of such applicant as being true and correct and further attesting that such applicant is a bona fide representative and/or employee of such person, partnership or corporation. The form to be used is as follows:

STATE OF TEXAS

COUNTY OF HARRIS

BEFORE ME, the undersigned authority, a Notary Public, on this day personally appeared the undersigned Affiant, who after being by me first duly sworn, on his oath deposed and said:

"My name is ___________. I am ___________ (here, state Affiant is doing business individually, as a partner in a partnership or as an officer in a corporation). I state that I have read the application and/or registration form to which this Affidavit is attached, and I have personally reviewed the answers of the Applicant/Registrant therein provided, and I state that such information is true and correct.

"I further state that Applicant/Registrant is authorized to represent and/or is employed by ___________, for the purposes of soliciting or clearing orders in the City of Bellaire, Texas."

___________

Affiant

SWORN TO AND SUBSCRIBED TO before me this, the ________ day of ________, 20___.

___________

Notary Public in and for

the State of Texas

(Ord. No. 2110, § 3, 5-5-1975)

At the time of filing his application for a license required by this article, the applicant shall present his driver's license, if he has one, to the city clerk.

It shall be unlawful for any person to give any false or misleading information in connection with his application for a license required by this article.

Before any license shall be issued under this article, there shall also be filed with the city clerk an instrument in writing, signed by the applicant under oath, nominating and appointing the secretary of state of the State of Texas as his true and lawful agent, with full power and authority to acknowledge service of notice of process for and on the behalf of such applicant, and service of summons in any action brought upon the applicant's bond shall be deemed made when served on the secretary of state of the State of Texas.

The application for a license required by the provisions of this article shall be accompanied by a bond in the penal sum of $1,000.00, signed by applicant, and signed as surety by a surety company, authorized to do business in the state, conditioned for the final delivery of goods, wares, merchandise, services, photographs, magazines or other things in accordance with the terms of an order obtained prior to delivery, and also conditioned to indemnify any and all purchases or customers from any and all defects in material or workmanship that may exist in the article sold by the principal of said bond, at the time of delivery, and that may be discovered by such purchaser or customer within 30 days after delivery, and which bond shall be for the use and benefit of all persons, firms or corporations that may make any purchase or give any order to the principal on said bond, either directly or indirectly. It is further provided that any such person making application for a license required by this article, whether or not such person is acting individually or as an employee of another person, a partnership or a corporation, shall be required to submit at the time the application is made, a bond naming such person as the principal, in the penal sum of $1,000.00 as herein provided. In the event one bond, bond form or one surety company shall be the surety for a number of applicants, then the bond, bond form or undertaking shall clearly set out that the liability of the surety shall be $1,000.00 for each applicant making application.

(Ord. No. 2110, § 4, 5-5-1975; Ord. No. 25-091, § 1(App. A), 10-6-2025)

The city council of the City of Bellaire does hereby delegate to the city manager of the City of Bellaire the power to establish a schedule of fees for licenses required by the provisions of this article. Under the terms and provisions of this Code, such schedule may be changed or modified from time to time, and the same shall at all times be on file in the office of the city clerk of the City of Bellaire.

(Ord. No. 2110, § 6, 5-5-1975; Ord. No. 21-068, § 9, 11-15-2021)

(a) Within 20 days, exclusive of Saturdays, Sundays and legal holidays, after receipt of an application as herein provided for in section 23-21, or registration as herein provided for in section 23-19, any person may file with the city manager, objections in writing, stating the grounds for such objections, to the issuance of a license as provided for in section 23-18 or registration certificate as provided for in section 23-19, which shall include a full explanation for such objection.

(b) The city manager shall investigate such objections, and shall also investigate the application of the applicant under section 23-21 or the registration certificate requested under section 23-19, and shall, within 25 days, exclusive of Saturdays, Sundays and legal holidays, either approve or disapprove the application or request for a registration certificate. The city manager shall take into consideration in making said determination, the health, safety and well being of the citizens, and such other facts as shall properly come to his attention.

(c) In the event the city manager shall approve or disapprove the issuance of a license and/or registration certificate, then, within ten days, exclusive of Saturdays, Sundays and legal holidays, after the date of the decision of the city manager, any party aggrieved thereby shall have the right to appeal the same to the city council, by giving notice of such appeal in writing to the city clerk. The city clerk shall, upon receipt of such notice, stay the issuance of any license and/or registration certificate as herein provided, pending hearing by the city council, and shall place the same on the agenda of the city council for the next regular meeting of the city council.

(d) The city council shall hear such testimony and examine such facts and evidence as to the issuance of such license and/or registration certificate and shall approve or disapprove such issuance, taking into consideration the health, safety and well being of the citizens of the city, and such other matters as shall properly come to their attention. The decision of the city council shall be final as to all matters determined herein and shall not be appealable.

(Ord. No. 2110, § 9, 5-5-1975)

The city clerk shall keep a permanent record of all licenses issued under this article.

Every license issued under the provisions of this article shall be valid for a period not to exceed six months from the date of its issuance.

(Ord. No. 2110, § 6, 5-5-1975)

Every peddler, having a license issued under the provisions of this article and doing business within the city shall display his permit upon the request of any person, and failure to do so shall be deemed a misdemeanor.

(Ord. No. 2110, § 2, 5-5-1975)

It shall be unlawful for any person or persons holding any permit, license or other authority granted under this article, to advertise in any manner whatsoever that such person is the holder of such license, permit or authority for the purpose of soliciting the sale of any goods, wares, merchandise, services, photographs, magazines, subscriptions to magazines, or other things.

(Ord. No. 2162, § 1, 10-6-1975)

(a) Any person who shall violate the laws of the United States of America, the state or of the city, or any of the terms or provisions of this chapter shall be subject to suspension or revocation of any license, permit or authority of any nature whatsoever granted under the terms or provisions of this article. Upon a complaint being filed by any person with the city clerk of such violations, the city manager shall, within 15 days of the date of the receipt of such complaint, hold a hearing before the city manager to hear all evidence with reference to such complaint. The city manager shall, within ten days of the date of the conclusion of such hearing, enter an order either dismissing the complaint or suspending or revoking the license or permit or such other authority as granted hereunder.

(b) In the event that the city manager shall either suspend or revoke any license, permit or other authority of any nature granted hereunder, the holder of such permit, license or authority may, upon giving notice within ten days of the date of such order entered by the city manager, have the right of appeal to the city council. The city council shall hear all evidence and shall either sustain or reverse the suspension and/or revocation made by the city manager. If no appeal is taken from the action of the city manager within ten days, as set out herein, then the decision of the city manager shall, in all things, be final and binding.

(Ord. No. 2162, § 1, 10-6-1975)

Any person desiring to solicit for a charitable organization or conduct a charitable solicitation within the city limits of the City of Bellaire shall first register with the city clerk of the City of Bellaire.

(a) In order to register as required herein, the person seeking to solicit on behalf of a charitable organization shall provide the city clerk proof that the charity or charitable organization meets the requirements of this Code and is an organization holding tax-exempt status as determined by the Internal Revenue Service.

(b) Name, current residency, driver's license number, social security number, place of last residency for previous two years and any other information deemed necessary and/or desired by the city clerk shall be submitted as a part of the required registration.

(c) Failure to register prior to conducting solicitation on behalf of a charitable organization shall be deemed a violation of this Code and may be punished to the maximum extent permitted by law.

(d) No fee shall be required by the city clerk as a condition of registration.

Upon completion of the required registration, the city clerk shall issue an identification card bearing the name and address of the holder thereof and a statement as to the fact that the applicant has completed registration. The registration card shall be valid for one year, and at the expiration thereof, a new registration application shall be filed with the city clerk under the same procedures provided for an initial registration.

(a) The city clerk shall be permitted to deny registration to any person if adequate information is not submitted in order to verify the tax exempt status of the charitable organization conducting, initiating or coordinating the solicitation.

(b) The city clerk shall deny registration to any person who has been convicted of a felony and who has not been pardoned or had all applicable civil rights restored.

(c) The city clerk shall further deny registration to any person upon appropriate inquiry, who is determined by reasons of his presence to be a potential threat to the health, safety and well being of the residents, citizens and inhabitants of the City of Bellaire.

(d) Registration shall be denied in any case where a person has been convicted of a violation of chapter 23 of the Code of Ordinances within a six month period immediately preceding a request for registration.

The city clerk shall revoke any registration previously made of any person deemed not in compliance with the Code and shall notify the person(s) so affected of such action. An appeal may be taken by the applicant, by requesting a hearing before the city manager of the City of Bellaire. Upon such appeal, the applicant shall have the right to a hearing before the city manager of the City of Bellaire who shall make inquiry and determine if the city clerk properly refused registration. The city manager shall have the power to order the registration of the applicant or to sustain the action of the city clerk. If the applicant is aggrieved by the action of the city manager, an appeal may be taken to the city council which shall render a final decision herein.

The provisions of section 23-3 of the Code of Ordinances shall be deemed applicable to charitable solicitation. Any person posting property as permitted under section 23-3 of this Code and this section shall be permitted to specify charitable solicitation as either permitted or excluded from the posted notice. If no designation is made, charitable solicitation shall also be deemed included within the purview of the notice and shall likewise be prohibited upon property so posted.

Section 23-4, entitled "Refusing to Leave," and section 23-5, entitled "Misrepresentation," shall be applicable to charitable solicitation.

The city council of the City of Bellaire finds and determines that there is a necessary and legitimate governmental purpose to restrict the hours of solicitation. It is specifically found and determined that any solicitation before the hour of 7:00 a.m. is likely to disturb the quiet repose of the residents and citizens of the City of Bellaire and that solicitations after the hour of 9:00 p.m. may be unsafe in that persons seeking entry into private homes or businesses after 9:00 p.m. may be mistaken for persons with criminal intent and motives. Thus, the hours for charitable solicitation shall be limited to not earlier than 7:00 a.m. nor later than 9:00 p.m.

Any person soliciting for a charitable organization shall carry written identification, identifying the solicitor by name, the organization that he is representing and shall be signed by an authorized officer of the charitable organization identifying the solicitor as a person authorized to solicit for such organization. The written identification as herein required shall be exhibited to any person requesting such information. Failure to exhibit or produce written identification upon request shall be deemed a violation of this Code.