[HISTORY: Adopted by the City Council of the City of El Paso 4-1-2019 by Ord. No. 1017[1].Amendments noted where applicable.]
GENERAL REFERENCES
Advertising — See Ch. 105.
[1]
Editor's Note: This ordinance also repealed former Ch. 227,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:
- PEDDLER
- 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.
A.
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.
B.
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:
A.
Deliverers of newspapers, fuel, dairy products, etc., to regular
customers on established routes;
B.
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;
C.
Any person who sells any farm produce or edibles raised, caught,
produced or manufactured by such person in any place in this state;
D.
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;
E.
Garage and yard sales;
F.
Concessions at sporting events, concerts and performances which are
conducted by the person or organization producing the event;
G.
Trade shows when listed on the sponsor's license application;
H.
Political solicitations; and
I.
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.
