Itinerant Merchant / Street Vendor
DOOR TO DOOR SOLICITOR, ROADSIDE AND MOBILE SOLICITOR REGULATIONS
The goal of the City in the compliance of this code is to ensure that the health, safety and welfare of the community is not being compromised. Like most communities in Texas, Andrews has its own rules on solicitors.
Registration shall include the following information:
- Applicant’s full legal name
- Date of Birth
- ID Number and State of Issuance
- Eye Color, Sex, Height
- Phone Number and Physical Address
- Disclosure of Criminal History, Dates, and Dispositions
- Name and Address of primary business office
- State Sales Tax Certificate (if applicable)
- Description of vehicle
- Description of merchandise being sold
In no event shall the operation of an Itinerant Merchants or Street Vendor be allowed for more than three (3) consecutive days nor more than one (1) occurrence per month by registration. For purposes of this Section, an “occurrence” shall be defined as a set-up by an itinerant merchant or street vendor at a location for any period of time. A registration fee of $50.00 per occurrence shall apply. Said Registration shall be on display by the Merchant/Vendor and visible to the public.
Any and all Itinerant Merchants or Street Vendors who desire to sell their goods, wares and merchandise more than three (3) times per calendar year OR more than three (3) consecutive days OR more than 1 occurrence per month within, alongside or adjacent to the streets and alleyways in the City of Andrews, Texas shall apply for a Temporary Use Permit through the Board of Adjustments. For purposes of this Section, an “occurrence” shall be defined as a set-up by an itinerant merchant or street vendor at a location for any period of time.
Itinerant Merchants or Street Vendors shall locate in the Local Retail or General Commercial zoning districts only. Location in the Central Business or Residential zoning districts is expressly prohibited. Itinerant Merchants or Street Vendors shall setback a minimum of at least 15 feet from the property line or back of the sidewalk with any items, displays, temporary structures, or anything associated with their business.
Non-profit School, Community or Civic Groups who operate no more than five (5) consecutive days and no more than fifteen (15) days annually are not subject to the Temporary Use Permit requirements. Said groups shall register with the Code Compliance Inspector and are subject to public health and safety regulations. Further, these provisions do not apply to non-profit groups selling food at recreational sporting events.
No Peddler, Itinerant Merchant or Street Vendor shall have any exclusive right to any location in the public streets, nor shall any peddler be permitted a stationery location within, alongside or adjacent to the public streets or alleyway nor shall said individual or business be permitted to operate in any congested area where said operations might impede or inconvenience the public. For the purpose of this Section, the judgment of a peace officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.
All Peddlers who desire to conduct business within the City of Andrews shall apply for a solicitor permit and undergo a background screening. The application must be filled out in its entirety and any omission or untruthful information will be grounds for denial or revocation. All applicants will be subject to a 3 business day waiting period for all information to return to the inspections office. Permits may be denied or revoked at any time by the Chief of Police, City Manager, or authorized personnel thereof. Each applicant shall pay a $10 (ten dollar) registration fee upon receiving a permit. The permit shall be valid for a period of up to 365 days, and must be renewed upon expiration. The permit must be worn legibly in plain sight while conducting business. Peddling shall be unlawful between the hours of 8:00 p.m. to 8:00 a.m. local time. No Peddler shall attempt to make contact with a premise that has any signage declaring “No Soliciting”, “No Trespassing”, or any signage declaring anything similar.
All Mobile Vendors who desire to conduct business within the City of Andrews shall apply for a solicitor permit and undergo a background screening. The application must be filled out in its entirety and any omission or untruthful information will be grounds for denial or revocation. All applicants will be subject to a 3 business day waiting period for all information to return to the inspections office. Permits may be denied or revoked at any time by the Chief of Police, City Manager, or authorized personnel thereof. Each applicant shall pay a $50 (fifty dollar) registration fee upon receiving a permit. The permit shall be valid for a period of up to 365 days, and must be renewed upon expiration. The permit must be displayed from the vehicle legibly in plain sight while conducting business. Mobile vendors shall not stop or stand at one location for more than 20 minutes for the purpose of conducting business. Mobile Vending shall be unlawful between the hours of 8:00 p.m. to 8:00 a.m. local time. Mobile vendors shall park legally before conducting or soliciting business. Mobile Vendors shall not conduct business within an area marked “School Zone”, “20” MPH speed limit zone.
Mobile Food Vendors at a fixed location shall be self-contained for all utilities unless prior approval is obtained from the Building Inspector. The mobile food vendor structure shall be mounted on wheels, located on an all-weather surface, and shall be anchored to the ground if left unattended. Mobile food vendors shall not sell alcoholic beverages.
Denial, Revocation and Appeal. Any Permit may be denied for conducting business prior to receiving a permit, omissions or untruthful information within the application, or any violation of this ordinance. The Chief of Police or agent thereof may deny an applicant’s permit for previous or pending violent crimes, selling paraphernalia or illegal items, crimes related to theft crimes against children, or crimes of moral turpitude. The permit may also be revoked if a similar crime is committed while the permit is valid. The Permit may also be revoked for violation of any section of this ordinance. If denied or revoked, the applicant may appeal the denial or revocation to the City Manager listing their legal name, address, phone number, and approximate date of denial or revocation also stating why they feel such denial or revocation should be reversed. The City Manager may then assess the denial or revocation and uphold or reverse the action. The appellant will be contacted within 2 weeks of the City Managers decision.
A person violating a provision of this Ordinance, upon conviction, is punishable by a fine or penalty not to exceed Five Hundred Dollars ($500.00).
WHY WE REQUIRE MERCHANTS TO REGISTER
In the City of Andrews we receive a high number of transient vendors who deal with the public. The City of Andrews like many other communities deals with many schemers and scammers who do not register and when there scheme is completed it is the police and Inspections department called to try to solve the crime and left with the burden.
In registration the city does not endorse the solicitor, we give them a Permit which must be worn or displayed to the public ensuring them that we have received and recorded the applicants information, and in checking their background do not feel that they are a threat to the public.
UNPERMITTED SOLICITOR POLICY
Unpermitted solicitors will be asked to cease business and/or given a citation. It is the policy of the city to place these solicitors on a 6 month probation, and will not consider their application until such probation period has ended.
Common Question #1:
A solicitor at my house told me their boss has their permit, they must be telling the truth, right?
Not Usually. The city issues individual permits which must be worn and available for public inspection while soliciting, chances are that the solicitor has not received or applied for a permit. You should call the sheriff’s office at (432)523-5545 or the Code Compliance Inspector at (432)664-0482 immediately.
Common Question #2:
If the city issued this person a permit is it okay to let them into my home?
No. The city never recommends letting anyone into your home regardless of whether they are permitted or not. It is ideal that you either deal with all solicitors through a screen door, through a cracked door with your foot wedged to prevent entry or outside the home and in sight of the neighbors.
Common Question #3:
The Solicitor says he is exempt from having to get a permit is this true?
Some solicitors such as non-profit, religious and political solicitors are exempt from permitting. Be aware that many scammers will use these 3 exemptions to scam the public. If you feel that they are not being honest you can call The Code Compliance Inspector at (432) 664-0482 to investigate the matter.
Common Question #4:
There is a solicitor at my door that refuses to leave. What is the best way to report them?
Never let a solicitor into your home. Be nice to them and ask them to wait outside while you (1) go to the restroom; (2) check the stove; (3) check on a family member. Assure them that you’ll be right back, close the door and dial 911.
Don’t forget that you have the right to protect yourself in whatever manner you deem necessary within your home if you feel threatened. Keep a weapon handy if necessary until police arrive.