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HomeMy WebLinkAboutO-52-4-64ORDINANCE NO. AN ORDINANCE DEFINING AND REGULATING ITINERANT MERCHANTS, ITINERANT VENDORS, PEDDLERS, AND PERSONS SELLING OR TAKING ORDERS FOR GOODS, WARES, MERCHANDISE, SERVICES, PHOTOGRAPHS, NEWSPAPERS, MAGAZINES, OR SUBSCRIPTIONS TO NEWSPAPERS OR MAGAZINES: PROVIDING FOR A LICENSE AND A LICENSE FEE,: EXEMPTING INOSE ENGAGED IN INTERSTATE COMMERCE FROM LICENSE FEE, BUT REQUIRING SUCH PERSONS TO REGISTER WITH THE CITY SECRETARY: AND PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE, INCLUDING A FINE NOT LESS THAN $10.00 NOR MORE THAN $100.00; PROVIDING FOR THE PUBLI- CATION OF THE CAPTION OF THIS ORDINANCE AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF ALLEN, TEXAS: SECTION 1. This entire ordinance is and shall be deemed an exercise of the police power of the State of Texas, and of the Town of Allen, for the public safety, comfort, convenience and protection of the town and citizens of said Town, and all of the provisions hereof shall be construed for the accomplishment of that purpose. SECTION 2. That it shall hereafter be unlawful for any person to go from house to house or from place to place in the Town of Allen, Texas, soliciting, selling or taking orders for or offering to sell or take orders for any goods, wares, merchandise, services, photographs, newspapers, magazines, or subscriptions to newspapers or magazines, without having first applied for and obtained a license so to do from the Town Secretary of said Town. It shall also hereafter be unlawful to sell or solicit in said town as aforesaid without carrying such license while engaged in such soliciting or selling. SECTION 3. That any person desiring to go from house to house or from place to place in the Town of Allen, Texas, to sell or solicit orders for goods, wares, mer- chandise, services, photographs, newspapers, magazines, or subscriptions to newspapers or magazines, shall make written application to the Town Secretary of the said Town for a license so to do, which application shall show the name and address of applicant, the name and address of the person, firm or corporation, if any, that he or she repre- sents and the kind of goods offered for sale, and whether such applicant upon any such sale or order shall demand, accept or receive payment or deposit of money in advance of final delivery, and the period of time such applicant wishes to sell or solicit in said Town. SECTION 4. That an itinerant merchant or an itinerant vendor as the terms are used in this ordinance shall be held to be any person, firm, company, partnership, cor- poration or association engaged in any activity mentioned in Section Two hereof. SECTION 5. That the license fee for an itinerant merchant, or itinerant vendor shall be $20.00. Provided, however, when any person, firm, company, partnership, corporation or association engages in any activity mentioned in Section Two hereof through one or more agents or em- ployees such person, firm, company, partnership, corpora- tion or association shall, in addition to said $20.00 fee above mentioned, pay a license fee of $10.00 for each agent or employee so engaged, all of which licenses shall be valid for one year from the date of their issuance. The fees herein provided for shall be used for the purpose of defraying expenses incident to the issuing of said licenses. SECTION 6. The provisions of this ordinance shall not apply to sales made to dealers by commercial travelers or sales agents in the usual course of business, not to sales made under authority and by order of law, nor to vendors of Farm or dairy products. SECTION 7. The provisions of this ordinance shall not apply to persons engaged in interstate commerce as that term is herein defined; provided, however, that it shall be unlawful for persons engaged in interstate commerce to go from house to house or place to place in the Town of Allen without having first registered with the Town Secretary of said Town giving the following information: (a) Name, home address and local address, if any, of registrant. (b) Name, and address of the person, firm or cor- poration, if any, that he or she represents or for whom or through whom orders are to be solicited or cleared. (c) Nature of the articles or things which are to be sold or for which orders are to be solicited. (d) Whether registrant, upon any sale or order shall demand or receive or accept payment or deposit of money in advance of final delivery. (e) Period of time which registrant wishes to solicit or sell in said Town. The registrant at the time of the registration, as herein provided Corp shall submit for inspection of the Town Secretary written proof, of his identity which may be in the form of an automobile operator's license, identi- fication latter or card issued to registrant by the person, firm or corporation for whomor through whom orders are to be solicited or cleared. The term "Interstate Commerce" means soliciting, selling, or taking orders for or offering to take orders for any goods, wares, merchandise, photographs, newspapers or magazines, or subscription to newspapers or magazines, which, at the time the order is taken, are in another state or will be produced in another and shipped or introduced into this Town in the fulfillment of such orders. SECTION 8. Any person, firm, corporation violating any provisions of this ordinance or failing to observe any provisions hereof shall be deemed guilty of a mis- demeanor and upon conviction shall be fined in any sum not less than $10.00 and not more than $100.00, and each and every day or fraction of a day during which this ordinance, or any part thereof, shall be violated, shall be deemed a separate offense and punishable as such. SECTION 9. Each and every provision, paragraph, sen- tence and clause of this ordinance has been separately considered and passed by the Board of Commissioners and each said provision would have been separately passed without any other provision, and if any provision hereof should be ineffective, invalid, or unconstitutional for any cause, it shall not impair, nor affect the remaining portion nor any other part thereof, but the valid portion shall be enforced just as if it had been passed alone, and all ordinances and parts of ordinance in conflict here- with are hereby repealed. SECTION 10. The caption of this ordinance shall be published one (1) time in a newspaper having general circulation in the Town of Allen, Texas, and shall be effective immediately upon its passage and such publication. Duly passed and approved by the Town Council of the Town of Allen, Texas, on this the � day of l%,uG _, 1964. KP Centry T. Noes Mayor CORRECTLY RECORDED: A. ory Town Secretary