Section One. Definitions. As used in this ordinance the following words have the meaning indicated;

A.  “Canvasser” is a person who attempts to make personal contact with a resident at his/her residence without prior specific invitation or appointment from the resident, for the primary purpose of: (I) attempting to enlist support for or against a particular religion, philosophy, ideology, political party, issue or candidate, even if incidental to such purpose the canvasser accepts the donation of money for or against such cause, or (2) distributing a handbill or flyer advertising a non-commercial event or

B.  “City” shall mean the City of Rising Star, Texas, and its officers, employees and/or

C.  “Handbill” or “Flyer” means and includes any printed or written matter, any sample or device, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter or literature.

D.  “Itinerant Vendor” is a person, whether a resident of the City or not, who sets up and operates a temporary business on privately owned property, whether improved or unimproved, in the City, soliciting, selling, or taking orders for, or offering to sell or take orders for any goods or services. A temporary business is one that continues for forty-five days or less; and, exists whether solicitation is from a stand, vehicle, or

E.  “Parkway” means the area between the edge of the designated street and the adjacent owner’s property

F.  “Peddler” is a person, whether a resident of the City or not, who attempts to make personal contact with a resident at his/her residence without prior specific invitation or appointment from the resident, for the primary purpose of attempting to sell a good or ser A “peddler” does NOT include a person who distributes handbills or flyers for a commercial purpose, advertising an event, activity, good or service that is offered to the resident for purchase at a location away from the residence or at a time different from the time of visit. Such a person is a “solicitor.”

G.  “Solicitor” is a person who attempts to make personal contact with a resident at his/her residence without prior specific invitation or appointment from the resident, for the primary purpose of: (I) attempting to obtain a donation to a particular patriotic, philanthropic, social ervice, welfare, benevolent, educational, civic, fraternal, charitable, political or religious purpose, even if incidental to such purpose there is the sale of some good or service, or (2) distributing a handbill or flyer advertising a commercial event or servic

H.  “Street” means the portion of the street that is paved, designated, or used for vehicular traffic, and all areas dedicated to public use for public street purposes, including parkways, alleys, and sidewalks.

I.  “Traffic Island” mean a barrier within a street to exclude vehicles, designated for the purpose of separating or directing streams of vehicular

Section Two. Exemptions. The licensing provisions of this ordinance shall not apply to the following persons, events or activities:

A.  Federal, state or local government employee or a public utility employee in the performance of his/her duty for his/her employer;

B.  Sale of goods, wares, or merchandise donated by the owners thereof, the proceeds whereof to be applied to charity or philanthropic purposes;

C.  Solicitations and/or sale of goods for religious and charitable (non-profit) organizations including but not limited to churches, civic clubs, and associations, Boy Scouts, Cub Scouts, Brownie Scouts, Girl Scouts, Little Dribblers, soccer clubs, as well as any other athletic clubs and associations;

D.  Persons selling farm produce raised by them on their own lands, on lands that they lea e or control or in a City affiliated or recognized “farmer’s market”;

E.  Sales made pursuant to owners or occupants of private residences or commercial property by a peddler who has a regular busines , trade, service or other contractual relationship with that owner or occupant;

F.  Religious, political or nonprofit organization and their representatives distributing handbills or pamphlets only for the purpose of communicating issues of general interest to the public. A donation received from the distribution of handbills or pamphlets does not affect this exemption. These persons are referred to herein as “canvas ers”; and

G.  Garage sales conducted by residents of the City only.