§ 22-1. Definitions.

Charitable purpose shall mean 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 educational 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.

Home solicitation shall mean a consumer transaction for the purchase of goods, services, or realty, payable in installments or in cash, in which the merchant engages in a personal solicitation of the sale to the consumer at a residence and the consumer's agreement or offer to purchase is given at the residence to the merchant. A home solicitation transaction shall 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 a sale of realty in which transaction the purchase is represented by a licensed attorney or in which the transaction is being negotiated by a licensed real estate broker.

Interstate commerce shall mean soliciting, selling, or taking orders for, or offering to take orders for any goods, wares, merchandise, photographs, magazines or subscriptions to magazines, or things which, at the time the order is taken, are in any federal district or territory, any commonwealth, or in any state other than Texas, or will be produced in any federal district or territory, any commonwealth or any state other than Texas, and shipped or introduced into the city in fulfillment of such orders.

Peddler shall mean all persons, including their agents and employees, who engage in the temporary or transient business in the city of selling, offering for sale, soliciting for sale, leasing, renting, bartering or exchanging, directly or indirectly, any goods, merchandise, or services, or exhibiting the same for such a purpose, or for the purpose of taking orders for such a transaction. The term "peddler" shall include the terms "solicitor," "transient merchant," "transient vendor," "itinerant merchant," "itinerant vendor," or "itinerant photographer."

Solicitation shall mean any uninvited 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 "solicitation" is any offer of membership in any organization. A solicitation is complete when the solicitation is communicated to any individual then located within the corporate limits of the city.

(Ord. No. 790, Exh. A, § I, 5-19-97)