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O-1752-8-99ORDINANCE NO. 1752-8-99 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING CHAPTER 8, ARTICLE II, SECTIONS 8-76 AND 8-79(a) TO PROVIDE FOR APPLICATION TO AND ISSUANCE OF SOLICITOR'S PERMIT FROM THE POLICE CHIEF OR DESIGNEE; AMENDING SECTION 8- 76 TO DELETE SUBSECTION (12); AMENDING SECTION 8-77 TO PROVIDE FOR PERMIT FEES TO BE ESTABLISHED BY RESOLUTION OF CITY COUNCIL; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED THE SUM OF FIVE HUNDRED ($500) DOLLARS; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THIN CITY OF ALLEN, COLLIN COUNTY, TEXAS: SECTION 1. That the Code of Ordinances of the City of Allen, Collin County, Texas, be and is hereby amended by amending Chapter 8, Article RI, Itinerant Merchants, Peddlers, Etc., in part to read as follows: "ARTICLE II. ITINERANT MERCHANTS, PEDDLERS, ETC. ' DIVISION 2. PERMIT FOR SOLICITATIONS Sec. 8-76. Application for permit. Any person desiring to make home solicitation transactions within the city shall file a written application for a permit to do so with the chief of police, or designee, which application shall show: (1) The full name of the person applying and desiring to make home solicitations. (12) Such application shall also show satisfactory written proof of the individual's authority to represent the company. Sec. 8-77. Permit fee. The application shall be accompanied by a non-refundable fee established by resolution of the City Council from time -to -time. No permit hereunder shall be issued until such fee ' has been paid by such applicant. A permit fee shall be charged for each person conducting solicitations for the applicant, and for each identification cud. Sec. 8-79. Issuance of permit. ' (a) A permit applied for under this article shall he issued by the police chief, or designee within ten (10) business days after a completed application is filed, unless it is determined that the applicant has provided false or incomplete information on its application. I SECTION 2. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 3. That all ordinances of the City of Allen, Collin County, Texas, in conflict with the provisions of this ordinance be, and the same we hereby, repealed; provided, however that all other provisions of said ordinances not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. That any person, firm or corporation that violates any of the provisions or terms of this ordinance shall be subject to penalty and upon conviction shall be punished by a fine not to exceed Five Hundred ($500) Dollars. SECTION 5. An offense committed before the effective date of this ordinance is governed by prior law and the Code of Ordinances of the City of Allen, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 6. This ordinance shall take effect immediately from and after its passage and publication in accordance with its provisions of the Charter of the City of Allen, and its is accordingly so ordained. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 19TH DAY OF ADCOST '1999. APPROVED AS TO FORM: —m Q Peter G. Smith, CrfY ATTORNEY M 77 cU11i s1 t7! Stephen Terrell, MAYOR ATTEST: CMC, CITY SECRETARY Ordinance No. 1752-8-99 Page