During the summer months, it can be quite common for community members in Levelland to see solicitors approach homes selling goods or services.
For community members, it is important to be familiar with the steps and necessary information when opening their homes to those who are offer services.
Within the Code Ordinance Chapter Four Business and Commerce for the City of Levelland, the guidelines can be found.
Per Article 4.300 Peddlers, Solicitors and Itinerant Merchants, a canvasser is all persons who attempt to make person contact with a resident at his, her residence without prior specific invitation or appointment of the resident. Those purposes include attempting to enlist support for or against a particular religion, philosophy, ideology, political party, issue or candidate, even if incidental to such purpose the canvasser accepts the donation of money or against such cause or distributing a handbill or flyer advertising a non-commercial event or service.
An itinerant vendor includes all persons who sell or solicit the sale of any merchandise goods or services within the City of Levelland and who do not maintain a fixed or permanent place of business within the city for the conducting of business. City Secretary Andrea Corley explained that any brick-andmortar business who resides within the City of Levelland is exempt from the list.
However, being an itinerant vendor includes, but is not limited to persons who set up displays of merchandise in vacant lots, parking lots, or similar places for display and sale, whether or not with the owner’s permission, on a temporary or intermittent basis. A display, whether from a stand, vehicle or freestanding, is considered temporary or intermittent if it is one that continues for 45 days or less.
However, this term does not include the following: - Persons who conduct solicitations for sale of merchandise, goods, or services solely by either telephone solicitation or direct mail solicitation; - A canvasser, peddler or solicitor as defined in the ordinance; - Local organizations or local affiliates of organizations which raise funds for charitable or religious purposes, or for medical or scientific research; and - Route salespeople such as newspaper carriers and milkmen who service customers on a regularly scheduled route; - Locally owned or managed facilities such as trade marts at which vendors display goods for sale at booths or similar spaces designated by the operator, which are operated or conducted at fixed locations, are conducted or operated on a scheduled basis and for which the operator or manager maintains a record of each vendors’ name, address and sales tax permit or exemption.
A peddler is defined as all persons who attempt to make personal contact with a resident at their residence without a prior specific invitation or appointment from the resident, for the primary purpose of attempting to sell a good or service. The definition does not include a solicitor as defined.
No itinerant vendor, peddler or solicitor shall sell or solicit the sale of any merchandise, goods or services or conduct any activity described in or governed by the article unless they first obtain a permit as provided herein. A canvasser is not required to have a permit under this article, but any canvasser wanting a permit for the purpose of reassuring city residents of the canvasser’s good faith shall be issued one upon request.
The city secretary or her designee shall issue a permit to any applicant desiring to be an itinerant vendor, peddler or solicitor only when the applicant has, under oath, provided the following information: - The name, address and telephone number of applicant; The name, date and place of birth, residence address and telephone number of the person representing the applicant if different than the applicant; - The location of applicant’s place of business or other while engaging in business in the city; - The last three cities in which the applicant engaged in business; - The address, including street address, and telephone number where applicant can be reached on each of the five days after applicant ceases engaging in business in the city; - The name, date and place of birth, physical description and photograph of each person working in the city for, with or on behalf of the applicant under the permit. A state-issued driver’s license, state identification card, passport, or other governmentissued identification card issued by a government within the United States containing this information may be provided to satisfy this requirement. The city secretary shall make a photocopy of any identification card provided under this section. If a photograph is not supplied, the city will take an instant photograph of each person working in the city for, with or on behalf of the applicant under the permit at city hall. The actual cost of the instant photograph will be paid by the applicant; - A copy of applicant’s sales tax permit or written evidence of applicant’s exemption; - Proof of at least a $1,000.00 insurance bond; - Authorization for the city to conduct a criminal background check for the applicant and any person working in the city for, with or on behalf of the applicant under the permit; - A description of the merchandise, goods, or services to be offered for sale; - A list of all infractions, offenses, misdemeanors and felony convictions of the applicant and each person working in the city for, with or on behalf of the applicant under the permit for the seven years immediately prior to the application; and - The motor vehicle make, model, year, color, and state license plate number of any vehicle which will be used by the applicant and each person working in the city for, with or on behalf of the applicant under the permit.
Upon receipt of the above required information, the city secretary shall issue within 24 business hours a permit and identification tags which shall be effective for 30 days unless it is determined within that time that; - The applicant has been convicted of a felony or a misdemeanor involving moral turpitude within the past seven years;
- With respect to a particular individual working for, with or on behalf of the applicant under the permit, the individual has been convicted of any felony or a misdemeanor involving moral turpitude within the past seven years; or - Any statement upon the application is false, unless the applicant can demonstrate that the falsehood was the result of excusable neglect.
During the time following the application for one or more permit and its issuance, the city shall investigate as to the truth and accuracy of the information contained in the application. If the city has not completed this investigation within the 24 business hours, the permit will nonetheless be issued, subject, however, to administrative revocation upon completion of the investigation. If a canvasser requests a permit, the investigation will proceed as described above, but if the city refuses to issue the permit or revokes it after issuance, the canvassers will be advised that the failure to procure a permit does not prevent him/her from canvassing the residents of the city.
Prior to issuing a permit under this section, the city secretary shall collect an application fee for each application and an administrative fee for each person working in the city for, with or on behalf of the applicant under the permit. These fees are outlined in the fee schedule found in appendix A of this code. No fee shall be required for a canvasser requesting a permit under this article.
While engaged as a canvasser, itinerant vendor, peddler or solicitor, each person will wear a readily visible identification tag as provided by the city showing the person’s name and the name of the company or firm.
No person subject to this article shall conduct door to door sales or solicitations at residences prior to 9 a.m. on any day, and from October 1st through March 31st after 6 p.m., and from April 1st through September 30th, after 8 p.m., local time.
Except as provided by the city’s policies regarding use of the civic center, no itinerant vendor may display goods or merchandise or sell or solicit sales of any merchandise, goods or services in any park owned by the city or on any other city owned property.
No person displaying goods or merchandise outside of any building shall do so at any location where sufficient offstreet parking is not available or where the orderly flow of traffic may be impeded.
It shall be unlawful for a person to solicit in the public right-of-way that is within 1,000 feet of any public or private elementary or secondary school between the hours of 7:30 a.m. and 4:30 p.m. on days when such school is in session. The measurement of the distance shall be made from the nearest property line of the public or private elementary or secondary school.
Any person violating any section of this article shall upon conviction be punished by a fine in accordance with the general penalty provision found in Section 1.106 of this code. Each day upon which a violation occurs, and each person committing a violation shall be a separate offense.
In addition, upon being informed of any violation hereof, the City Secretary may revoke any permit issued, and any person holding a permit shall immediately surrender it upon demand.
Any permit issued hereunder may be revoked if the permit holder is convicted of a violation of any provisions of this article or has knowingly made a false material statement in the application or otherwise becomes disqualified for the issuance of a permit under the terms of this article.
If the city secretary or her designee denies or upon completion of an investigation revokes the permit to one or more persons, she shall immediately convey the decision to the applicant orally. Within two business days after the denial, the city secretary shall prepare a written report of the reason for the denial which shall be immediately made available to the applicant.
The applicant, permittee shall have 10 days from the date of revocation or denial in which to file a written notice of appeal from the order denying or revoking the permit. The notice of appeal shall be filed with the city secretary. In the event of the filing of an appeal from a revocation issued under the provisions of this article, then, until such appeal has been determined by the city council such revocation order shall be stayed.
The appeal shall be heard by the city council at its next called or regularly scheduled meeting, whichever occurs first, subject to the requirements of the Texas Open Meetings Act. After holding the hearing on the revocation or denial, the city council shall by majority vote either sustain the denial, revocation or issue an order reinstating the permit.
A municipal court judge, in addition to imposing a fine, may institute proceedings to suspend or revoke the permit of a person if the person is required by law to obtain a permit from the city and the judge finds the person guilty of violating a city ordinance relating to this article.
This article shall not apply to a federal, state or local government employee or a public utility employee in the performance of his, her duty for his or her employer.