As used in this article, the following words shall have the
definitions ascribed to them by this section:
means any person who goes from house to house or from place
to place in an effort to take orders for goods, wares, merchandise,
services, newspapers, magazines, or subscriptions to newspapers or
magazines for future delivery, whether or not payment is collected
at the time of such sale, and such sales are taxable transactions
under the provisions of the limited sales, excise and use tax of the
state.
means philanthropic, religious or other nonprofit objectives,
including the benefit of poor, needy, sick, refugee or handicapped
persons; the benefit of any church or religious 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 education institution. Charitable purpose shall
not be construed to include the direct benefit of the individual making
the solicitation. Charitable purpose shall not be construed to include
the benefit of any political group or political organization which
is subject to financial disclosure under state or federal law.
means a traveling salesman who simply exhibits samples of
goods kept for sale by his principal, and takes order from purchasers
for such goods, which goods are afterwards to be delivered by the
principal to the purchasers, and payment for the goods is to be made
by the purchasers to the principal on such delivery.
means any individual who seeks or acquires real or personal
property, services, money, or credit for personal, family, or household
purposes.
means any transaction in which one or more of the parties
is a consumer.
means an association of five (5) or more temporary vendors
under the auspices of a promoter, which association is formed for
the purpose of simultaneously conducting the business of the temporary
vendors upon a common site or premises.
means any printed or written matter, sample or device, dodger,
circular, leaflet, pamphlet, paper, booklet, or other printed or otherwise
reproduced original or copies of any matter or literature which solicits
funds or advertises items for sale. All references herein to “handbill”
shall include the term “information-only handbill” except
where specifically stated otherwise.
means any person engaging or engaged in the business, whether
or not for hire or gain, of distributing handbills, other than newspapers
distributed to subscribers thereof, and any person receiving compensation
directly or indirectly for the distribution of such handbills.
means any person who, or firm or corporation that, utilizes
handbills as a medium of advertising, spreading a message or disseminating
information.
means to peddle goods, wares or merchandise by hollering
or otherwise calling out.
means a consumer transaction:
For the purchase of goods, other than farm equipment, and insurance
sales regulated by the state department of insurance, or services,
payable in installments or in cash where the consideration exceeds
twenty-five dollars ($25.00), in which the merchant or person acting
for him engages in a personal solicitation of the sale to the consumer
at a place other than the merchant’s place of business and the
consumer’s agreement or offer to purchase is given at a place
other than the merchant’s place of business to the merchant
or person acting for him, but it does not include a sale made pursuant
to a preexisting revolving charge account or retail charge agreement,
or a sale made pursuant to prior negotiations between the parties
at a business establishment at a fixed location where goods or services
are offered or exhibited for sale; or
For the purchase of realty, payable in installments or in cash
where the consideration exceeds one hundred dollars ($100.00), in
which the merchant or person acting for him engages in a solicitation
of the sale to the consumer at a place other than the merchant’s
place of business and the consumer’s agreement or offer to purchase
is given at a place other than the merchant’s place of business;
but it does not include a sale of realty in which transaction the
purchaser is represented by a licensed attorney or in which the transaction
is being negotiated by a licensed real estate broker or in which the
transaction is being negotiated by the person who owns the realty
not at the residence of the consumer.
means only a natural person.
means any printed or written matter, sample or device, dodger,
circular, leaflet, pamphlet, paper, booklet, or other printed or otherwise
reproduced original or copies of any matter or literature which provides
only information and does not solicit funds or advertise items for
sale.
means the soliciting, selling or taking of orders for, or
offering to sell or take orders for, any goods, wares, merchandise
or other personal property or services which, at the time the order
is taken, are in a state other than Texas, or that will be produced
in a state other than Texas and shipped and introduced into this city
in the fulfillment of such order.
means all persons, firms, corporations, as well as their
agents and employees, who engage in the temporary or transient business
of selling, or offering for sale, any goods and merchandise, or exhibiting
the same for sale or exhibiting the same for the purpose of taking
orders for the sale thereof, and who, for the purpose of carrying
on such business or conducting such exhibits, either hire, rent, lease
or occupy any room or space in any building, structure or other enclosure
in the city, in, through or from which any goods or merchandise may
be sold, offered for sale, exhibited for sale or exhibited for the
purpose of taking orders for the sale thereof.
means any party to a consumer transaction other than a consumer.
means to travel about selling goods, wares or merchandise.
includes the term “hawker” and means any person
who makes retail sales of tangible property from house to house or
in any public place, and such sales are not made from an established
place and delivery is made at the time of the sale, whether or not
payment is collected at the time of such sale.
means an individual, corporation, trust, partnership, association,
or any other legal entity.
means a merchant’s main or permanent branch office
of local address. In the case of a state or national bank or savings
and loan association, “place of business” includes any
approved branch and any registered loan production office.
means the person, firm, corporation or organization responsible
for conducting a group exhibit.
means any place to which the public, or a substantial group
of the public, has access and includes, but is not limited to, streets,
highways, and the common areas of schools, hospitals, apartments,
office buildings, transport facilities and shops.
means any separate living unit occupied for residential purposes
by one or more persons, contained within any type of building or structure.
means any sale other than a sale of tangible property to
any purchaser who is purchasing the tangible property for the purpose
of reselling it in the normal course of business either in the form
or condition in which it is purchased or as an attachment to or an
integral part of other tangible property.
means any home solicitation transaction; any request for
the donation of money, property, or anything of value, or the pledge
of a future donation of money, property, or anything of value; or
the selling or offering for sale of any property, real or personal,
tangible or intangible, whether of value or not, including, but not
limited to, goods, books, pamphlets, tickets, publications or subscriptions
to publications. Expressly excluded from the meaning of “solicit
funds” or “solicitation of funds” is any offer of
membership in any organization. A solicitation of funds is complete
when the solicitation is communicated to any individual then located
within the corporate limits of the city.
means any person who goes from house to house or place to
place soliciting, selling, or taking orders for, or offering to sell
or take orders for, any goods, merchandise or services. The term “solicitor”
shall not include a person on property by invitation of the owner
of the property.
means property which may be seen, weighed, measured, felt
or touched or which is in any other manner perceptible to the senses.
means a person who is transacting or conducting business
within the city at a site for which definite arrangements have not
been made for the hire, rental or lease of such premises for at least
one (1) month in or upon which such business is to be operated or
conducted.
(Ordinance 96-029, sec. 1, adopted 5/13/96; Ordinance 96-036, sec. 1, adopted 6/10/96; 1988
Code, sec. 24-1)