Solicitation in Hewitt

Overview

Per the town's Code of Ordinances, see here, individuals are required to obtain a solicitors permit. Solicitor permits are processed and administered by the Hewitt Police Department.

A Master Permit must be completed by the business owner/manager. (See application below.)

Individual permits operate under the umbrella of the Master Permit. Individual permits expire on the date that the Master Permit expires. All permit fees are non-refundable. Do not apply for a permit unless you are sure you meet all of the qualifications for a permit. (See individual permits below.)

PLEASE READ the "Solicitation Fact Sheet" before completing an application. 

Disqualifying Circumstances:

• criminal homicide (Chapter 19 Texas Penal Code)

• kidnapping (Chapter 20 Texas Penal Code)

• a sexual offense (Chapter 21 Texas Penal Code)

• an assault offense (Chapter 22 Texas Penal Code)

• Robbery (Chapter 29 Texas Penal Code)

• Burglary (Chapter 20 Texas Penal Code)

• Theft (Chapter 31 Texas Penal Code) committed against a person with whom the applicant came in contact while engaged in a home solicitation business

• Fraud (Chapter 32 Texas Penal Code) committed against a person with whom the applicant came in contact while engaged in a home solicitation business

• Weapons violations (Chapter 46 Texas Penal Code) punishable as a felony

• Criminal Attempt to commit any of the offenses listed above

Revocation of permit

- A Permit issued under this chapter may be revoked and the person who had the Permit may be prohibited from reapplying for the period covered by the original application, or an application for a Permit may be denied, when it has been determined that:

- An Applicant has knowingly given false or misleading information on an application;

- An Applicant (or a contractor, employee, agent or volunteer thereof) has a disqualifying criminal history;

- An Applicant has had three (3) of more final convictions for violation of city regulations in cities that it has operated in during the previous 12 months;

- An Applicant has been the subject of a fraud or deceptive business practices alert by any state office or agency during the previous 12 months;

- An Applicant has had solicitation permits revoked in two (2) or more cities during the previous 12 months and those revocations have not been reversed or are not the subject of a pending lawsuit as to the propriety of the revocation;

- An Applicant (or a contractor, agent, employee, or volunteer thereof) has been convicted of theft or fraud or a violation of any city, state, or federal law, in connection with solicitation within the City;

- An Applicant ((or a contractor, agent, employee, or volunteer thereof) has made or caused to be made, materially false statements or misrepresentations to members of the public with regard to the solicitation;

- An applicant (or a contractor, agent, employee, or volunteer thereof) violates any part of any of the provisions of this chapter, including but not limited to the requirement of no solicitation at residences where “no solicitation” signs or placards are present.

Unlawful/Prohibited Activities

- It shall be unlawful to engage in solicitation on a private premises or to go upon the private premises and ring the doorbell, rap, or knock upon the door, or create any sound in a manner calculated to attract the attention of the occupant for the purpose of engaging in solicitation between thirty (30) minutes after sunset and 9:00 a.m. of the following day.

- Subsection (a) does not apply where the solicitor is on the private premises by express, prior invitation of the owner of the property or a person residing on the premises or when the person is personally known to the occupants of the property.

- It shall be unlawful for any person to solicit without visibly displaying a City-issued identification card.

- It shall be unlawful for a person engaged in solicitation to remain on a private premise after the owner or occupant has requested that person to leave.

- It shall be unlawful for a person to return to a private premise to solicit when the person has already attempted to solicit at the location and has been told by the owner or occupant that they are not interested.

- As further set forth below, it shall be unlawful to solicit at a private premises where there is posted a sign or placard communicating that the owner or occupant does not want to be solicited, such as “No Solicitors”, “No Solicitation”, or which otherwise purports to indicate that solicitation is unwelcome, unless the person has been invited upon the premises by the owner or occupant of the premises.