Chapter 16 OCCUPATIONAL LICENSES AND BUSINESS REGULATIONS* __________ * Editors Note: Ord. No. O-09-022, § 1, adopted Dec. 3, 2009, amended the former Ch. 16, §§ 16-1--16-12, and enacted a new Ch. 16 as set out herein. The former Ch. 16 pertained to similar subject matter and derived from Code 1894, Ords. 138, 140; Ord. of Nov. 16, 1920, § 1; Ord. of Dec. 18, 1922, §§ 1--5; Ord. of May 5, 1941, §§ 1, 2; Ord. of Dec. 27, 1972, §§ 1, 2; Ord. of Aug. 1, 1991, §§ 1--7; Ord. of Dec. 2, 1993, §§ I, II; Ord. of Mar. 20, 2003, §§ I, II. Cross References: Mobile home park license, § 14-2; dog kennel license, § 5-54. State Law References: Authority to levy 1/2 of state tax, Const. art. 8, § 1; various state occupation taxes set out in V.A.T.S. Tax.-Gen. art. 19.01 et seq.; general licensing authority, V.T.C.S. art. 1175(23); authority to levy gross receipts tax on vehicles for hire, art. 6698; admissions tax, V.A.T.S. Tax.-Gen. art. 21.02; detective licenses, V.T.C.S. art. 4413(29bb); tax on coin-operated machines, V.A.T.S. Tax.-Gen. art. 13.01 et seq. __________ Art. I. In General, §§ 16-1--16-19 Art. II. Sexually Oriented Businesses, §§ 16-20--16-49 Art. III. Regulation of Boarding Home Facilities, §§ 16-50--16-79 ARTICLE I. IN GENERAL* __________ * Editors Note: For purposes of maintaining the style of this Code, Art. I has been added at the discretion of the editor. __________ Sec. 16-1. Definitions. For the purpose of this chapter, the following words and phrases shall have the following meanings: Canvasser shall mean a person who makes, or attempts to make, personal contact with a resident at his or her residence without prior specific invitation from or appointment with the resident, for the primary purpose of: (1) Attempting to enlist support for or against a particular religion, philosophy, ideology, political party, issue, measure or candidate, even if incidental to such purpose the canvasser accepts the donation of money for or against such cause; (2) Attempting to obtain a donation to a particular patriotic, philanthropic, social service, welfare, benevolent, educational, civic, fraternal, charitable, political, or religious purpose; or (3) Distributing a handbill or flyer advertising a non-commercial event or service. Charitable purpose shall mean philanthropic, religious or other nonprofit objectives, including the benefit of poor, needy, sick, refugee, or disabled persons; the benefit of any religious or church society, sect, group or order; the benefit of a patriotic or veterans association or organization; the benefit of any fraternal, social or civic organization, or the benefit of any educational institution. The term "charitable purpose" shall not be construed to include the direct benefit of the individual making the solicitation. Nor shall the term be construed to include the benefit of any political group, committee or organization which is subject to financial disclosure under federal or state law. Charitable organization shall mean any organization holding a certificate of exemption from federal income tax or state sales or franchise taxes based on the organization's status as a charitable organization. Christmas tree sales shall mean sales made by a charitable organization of Christmas trees during the Christmas holiday season, that is, during the months of November and December each year. Handbill shall mean any printed or written matter or notice in the form of a circular, leaflet, pamphlet, paper or any other printed or otherwise reproduced original or copies of any manner of literature. Itinerant vendor or hawker shall mean any person who sets up and operates a temporary business on privately owned property, whether improved or unimproved, in the city, selling or taking orders for, or offering to sell or take orders for any goods or services. A temporary business is one that continues for forty-five (45) days or less; and exists whether operating from a stand, vehicle, or freestanding. Peddler shall mean any person who attempts to make personal contact with a resident at his or her residence without prior specific invitation or appointment from the resident, for the primary purpose of attempting to sell a good or service. A "peddler" does not include a person who distributes handbills or flyers for a commercial purpose, advertising an event, activity, good or service that is offered to the resident for purchase at a location away from the residence or at a time different from the time of the visit. Such a person is a "solicitor". Person means a natural person or any firm, corporation, partnership, company, sole proprietorship, entity, association, club, society or other organization or entity. Solicitor shall mean any person who attempts to make personal contact with a resident at his or her residence without prior specific invitation or appointment from the resident, for the primary purpose of taking or attempting to take orders for the sale of goods, merchandise, wares, or other personal property of any nature for future delivery, or for services to be performed in the future, or (2) distributing a handbill or flyer advertising a commercial event or service. (Ord. No. O-09-022, § 1, 12-3-09) Sec. 16-2. License required for solicitors, peddlers, and itinerant vendors; available for canvassers. No person shall act as a solicitor, peddler or itinerant vendor within the city without first obtaining and possessing a valid license in accordance with this chapter. A canvasser is not required to have a license but any canvasser wanting a license for the purpose of reassuring city residents of the canvasser's good faith shall be issued a permit upon request. It is an offense to act as a solicitor, peddler or itinerant vendor within the city without first obtaining and possessing a valid license as required herein. (Ord. No. O-09-022, § 1, 12-3-09) Cross References: Offenses and miscellaneous provisions, Ch. 17; traffic, Ch. 25. Sec. 16-3. Application. Any person or organization may apply for a license required by this chapter by completing the appropriate application form and submitting the form and any applicable fees to the city secretary during regular office hours. Incomplete applications and/or applications not accompanied with the appropriate fee shall be deemed incomplete and will not be processed. (Ord. No. O-09-022, § 1, 12-3-09) Sec. 16-4. Contents of application. The applicant shall appear in person at the office of the city secretary and provide the following information on an application form furnished by the city secretary: (1) Legal name of applicant. (2) A driver's license, state identification card, passport, or other government-issued identification card (issued within the United States) containing the name, physical description, and photograph of the applicant. The applicant shall also provide two (2) photographs of the applicant which have been taken within sixty (60) days immediately prior to the date of filing the application. The photographs shall show the head and shoulders of the applicant in a clear and distinguishable manner. (3) The permanent and local (if any) addresses of the applicant. (4) Telephone number of applicant. (5) Form of business entity, state of formation/incorporation, Texas state sales tax number, and federal tax identification number. (6) A brief description of the proposed activity related to the license sought, including but not limited to the hours and location(s) for which the license is requested. (Copies of literature to be distributed may be included in this description at the option of the applicant.) (7) The applicant's date of birth and place of birth. (8) A list of all the applicant's infractions, offenses, and criminal convictions for the seven (7) years immediately prior to the application. (9) The make, model, year, color, and state license plate number of any vehicle that will be used by the applicant in any activity regulated by this chapter. (10) If applicable, with regard to a peddler: a. The name and permanent address of the business offering the event, activity, goods or service (i.e., the peddler's principal). (11) If applicable, with regard to a solicitor: a. The name, permanent address, and telephone number of the organization, person or group for whom donations or proceeds are accepted. b. The web address for the applying organization, person or group where residents having subsequent questions can go for more information. (12) Any other information the applicant wishes to provide, including copies of literature to be distributed, and references to other municipalities where similar activities have occurred. All applicants must seek a license for itself covering all of the applicant's employees and/or agents that will be operating within the city limits. The application shall include a statement that the applicant recognizes the other individuals listed under the applicant's license are employees/agents and not as independent contractors, and that the applicant accepts the responsibilities imposed by state law, this chapter and other applicable laws and regulations for the acts of its employees/agents. If a person requests a license for employees/agents, the following information must be supplied for each individual employee/agent: (1) Employee/agent's full legal name. (2) Residence address of employee/agent. (3) Date of birth and place of birth of employee/agent. (4) Driver's license number, state identification card, passport, or other government-issued identification card (issued within the United States) containing the name, physical description, and photograph of the applicant of employee/agent. (5) Statement of any criminal offense involving crimes against property, moral turpitude and/or felony convictions. (Ord. No. O-09-022, § 1, 12-3-09) Sec.