O-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