The Tomball City Council is considering amending its “Peddlers and Solicitors” ordinance in order place tighter rules on when, where and for how long the likes of door-to-door sales people and street food vendors can sell their wares.

The council has been considering changes to the city ordinance since early December, after a Tomball resident approached the council during a November meeting with a complaint about a salesman who came to his home.

Currently, “peddlers and solicitors,” for example street vendors going door-to-door or temporary food vendors, must complete and submit an application to the City of Tomball, as well as pay a fee. The amount of the fee is determined upon how long the vendor is requesting the permit to be utilized.

The discussion has been by councilman Derek Townsend, who has been pushing for stricter laws in regards to street solicitors, such as cutting down the time until which solicitors can visit homes.

The current ordinance allows “peddlers and solicitors” to visit homes until 9 p.m. City Secretary Doris Speer presented to council several possible amendments to the current ordinance, including limiting the time to 8 p.m. on weekdays.

City Attorney Scott Bounds, however, has cautioned the council against making the ordinance too stringent, stating that some challenges by commerce groups against communities that have attempted such actions have been looked upon favorably in certain courts.

In an e-mail to city council, Bounds stated that “Solicitors will argue that the most productive hours of canvassing are from 5:30 or 6 p.m. until 9 p.m. on weekday evenings, since the greatest number of people are home during those hours.”

Bounds cited the court case Westfall v. Board of Commissioners of Clayton County in which the court upheld a 6 p.m. restriction. However, in Watseka v. Illinois Public Action Council, Bounds cites a case in which a court “struck down limitations before 9 p.m.”

He added that residents can deter solicitors by placing a “no soliciting” sign on their property. Should a vendor ignore the sign, the home or property owner can prosecute the vendor.

The council will meet Monday, Jan. 3 and will likely vote on a time limitation to either 7 or 8 p.m. on weekdays and from 9 a.m. to 9 p.m. on weekends.

In addition to the time limitations, the council will also consider enacting more stringent limitations on businesses that repeatedly acquire a temporary solicitor permit, but maintain a permanent business location.

The new law could be utilized in conjunction with the city’s zoning ordinance. According to a “data sheet” given to council regarding the possible amendment, the change would add a requirement that “a person or persons transacting a temporary business within the city at an established place of business…must obtain a permit from the City’s zoning administrator approving the site.”

Among such sites that could be in jeopardy of closing or moving include temporary food stands in the HEB and Lowe’s parking lots.

The city may also require applicants to provide a legal sales tax permit.

Bounds has explained to the council that the city cannot place overly stringent laws on solicitors, that federal courts have routinely ruled in favor of commerce trade.

The agenda item data sheet stated that “cities’ regulations must be ‘reasonable,’ (and) protect the constitutional rights of all parties involved.” The document also cites a 1999 ruling by the Attorney General that states cities “may not, broadly speaking, unreasonably discriminate against persons, infringe on personal fundamental rights or interfere with interstate commerce when regulating street vending.”

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