[HISTORY: Adopted by the City Council of the City of El Paso 4-1-2019 by Ord. No. 1017.Amendments noted where applicable.]
Advertising — See Ch. 105.
Editor's Note: This ordinance also repealed former Ch. 227, Peddling and Soliciting, adopted 1978 by Ord. No. 507 (Ch. 5.24 of the 1979 Code), as amended.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
- Includes any person, whether a resident of the City or not, traveling by foot, automotive vehicle or any other type of conveyance, from place to place, from house to house or from street to street, carrying, conveying or transporting any goods, wares, or merchandise, offering and exposing the same for sale, barter or exchange, or making sales and delivering articles to purchasers, or who, without traveling from place to place, sells, offers for sale, barters or exchanges the same from an automotive vehicle or other vehicle or conveyance; provided that one who solicits orders and as separate transaction makes deliveries to purchasers as part of a scheme or design to evade the provisions of this chapter shall be deemed a peddler subject to the provisions of this chapter. The word "peddler" shall include the words "hawker" and "huckster."
It is unlawful for any person to engage in business as a solicitor, calling at residences without the previous consent of the occupant for the purposes of soliciting orders, sales, subscriptions, or business of any kind or seeking information or donations without first having registered in the office of the City Clerk. The registrant shall give his complete identification, his signature, the name of his employer, the nature of the products or services in which he is interested, the names of the manufacturers of such products, or of the organization which he is representing, and the proposed method of operation in the City.
At the time application is made for a permit, the applicant shall furnish to the Police Department his/her fingerprints and two photographs of himself/herself, taken within 60 days immediately prior to the date of the filing of the application. Such pictures shall be one inch by 1 1/2 inches in size, showing the head and shoulders of the applicant in a clear and distinguishing manner.
Upon receipt of the application, photographs and fingerprints, the Chief of Police shall cause such investigation of the applicant's business and moral character to be made as he deems necessary for the protection of the public and shall endorse on such application his approval or disapproval thereof.
Each applicant who shows evidence of good character and who pays the fee provided for herein shall be furnished a new certificate indicating that he has registered and showing the dates covered by such registration.
Each person shall at all times while soliciting in the City carry upon his person the permit and badge. The same shall be exhibited by such registrant whatever he is required to do so by any police officer or by any person solicited.
The City Clerk shall issue to each licensee under this chapter, at the time of the delivery of his permit, a badge bearing the words "licensed vendor." Such badge shall be worn by the licensee on the front of his outer garment in such a way as to be conspicuous during the time such licensee is engaged in the conduct of the business so licensed.
A permit issued under this chapter shall contain the signature of the issuing officer and shall show the name, address, the kind of goods to be sold thereunder, the amount paid, the date of issuance and the length of time the same shall be operative, the mode of conveyance, whether by vehicle or pack, and the number of persons who may be engaged in the enterprise.
The application and the fee stated on the application should be paid to the City Clerk. Door-to-door soliciting shall only be conducted Monday through Saturday from 9:00 a.m. to 7:00 p.m. All door-to-door soliciting and canvassing is prohibited on Sundays and federal holidays. No solicitor or canvasser shall operate under the registration issued under this chapter on Sundays or federal holidays. The peddler or solicitor shall not call at residences before 9:00 a.m. or after 7:00 p.m. except at the prior invitation or request of the occupant.
All licenses issued under the provisions of the chapter shall not extend beyond five days.
Permits issued under the provisions of this chapter must be carried at all times by the licensee and exhibited on demand to an officer of the City.
It is unlawful to enter in and upon private residences or businesses in the City by peddlers and solicitors if a sign has been posted prohibiting such entry for the purposes of soliciting the sale of goods, wares, food, and merchandise.
Permits and badges issued pursuant to this chapter shall not be assigned or transferred, nor be used by any person other than the person to whom they were issued.
The Chief of Police shall report to the City Clerk any complaints against any person licensed under the provisions of this chapter for a violation of this chapter.
If any person licensed under the provisions of this chapter is found guilty of any fraud, cheating, misrepresentation or imposition or violation of any other provision while engaged in peddling; or peddles any other kind of goods, wares, merchandise or articles or uses in peddling any other mode of conveyance than specified in the license or employs more persons than specified in the permit to engage in such peddling enterprise or, at any time, peddles with more than one vehicle of the kind specified in the permit, such person shall forfeit the application fee and forfeit the permit and badge.
Any such registration may be revoked by the Mayor, the Chief of Police or Director of Public Service because of any violation by the registrant of this chapter or of any ordinance of the City, or of any state or federal law, or whenever the registrant shall forfeit the application fee and forfeit the license and badge.
The following persons and/or sales or solicitations shall be exempt from the requirements of a peddler's license and shall be exempt from the regulations regarding peddling as set forth above:
Deliverers of newspapers, fuel, dairy products, etc., to regular customers on established routes;
Any person acting in his or her capacity as a member of a nonprofit civic, charitable, fraternal, religious or youth organization or organizations sponsored by elementary and/or secondary schools. These persons or groups which are exempted shall include, but not be limited to, Little League, Boy Scouts, Girl Scouts, 4-H, FFA, athletic booster clubs, school clubs and similarly situated nonprofit organizations;
Any person who sells any farm produce or edibles raised, caught, produced or manufactured by such person in any place in this state;
Persons who, after having been specifically requested by another to do so, call upon that other person for the purpose of displaying for possible purchase goods, literature or giving information about any chapter, thing, product or service;
Garage and yard sales;
Concessions at sporting events, concerts and performances which are conducted by the person or organization producing the event;
Trade shows when listed on the sponsor's license application;
Political solicitations; and
The provisions of this chapter shall not apply to officers or employees of the City, county, state, or federal government, or to any subdivision thereof, when on official business, or to persons engaged in soliciting for charitable or religious organizations.