96-029 ORD PROVIDING THE CODE OF ORDINANCES BE AMENDED BY REVISING ARTICLE I OF CHAPTER 24 OF SAID CODE
ORDINANCE NO. 96-029
AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE
CODE OF ORDINANCES, CITY OF PARIS, BE AMENDED BY REVISING ARTICLE
I OF CHAPTER 24 OF SAID CODE; REGULATING PEDDLING, SOLICITING,
SELLING, OFFERING FOR SALE, OR EXHIBITING FOR SALE MERCHANDISE OR
SERVICES; REGULATING CHARITABLE SOLICITATIONS AND HANDBILL
DISTRIBUTION; REGULATING MOBILE VENDOR5 AND SOLICITATION ON
PUBLIC RIGHTS-OF-WAY AND SIDEWALKS AND IN CITY PARKS; REQUIRING
SUPERVISION OF CHILD SOLICITORS; ESTABLISHING THE QUALIFICATIONS
FOR OBTAINING PERMITS; PROVIDING FOR PERMIT FEES AND BONDS;
PROVIDING FOR EXCEPTION5; PROVIDING FOR A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY NOT TO EXCEED $500.00; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE OF JUNE 1, 1996.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS:
Section 1. That Article I of Chapter 24 of the Code of Ordinances of the City of Paris,
Paris, Texas, be, and the same is hereby, amended so that such shall read as follows:
"ARTICLE I. PEDDLER5 AND SOLICITORS
"Division 1. In General
"Sec.24-1. Derinitions.
"As used in this Article, the following words shall have the definitions ascribed
to them by this Section:
"Canvasser shall mean any person who goes from house to house or from place
to place in an effort to take orders for goods, wares, merchandise, services,
newspapers, magazines, or subscriptions to newspapers or magazines for future
delivery, whether or not payment is collected at the time of such sale, and such
sales are taxable transactions under the provisions of the limited sales, excise and
use tax of the State of Texas.
"Charitable purpose shall mean philanthropic, religious or other non-profit
objectives, including the benefit of poor, needy, sick, refugee or handicapped
persons; the benefit of any church or religious society, sect, group or order; the
benefit of a patriotic or veterans' association or organization; the benefit of any
fraternal, social or civic organization, or the benefit of any education institution.
Charitable purpose shall not be construed to include the direct benefit of the
individual making the solicitation. Charitable purpose shall not be construed to
include the benefit of any political group or political organization which is subject
to financial disclosure under state or federal law.
"Commercial traveler shall mean a traveling salesman who simply exhibits
samples of goods kept for sale by his principal, and takes order from purchasers
for such goods, which goods are afterwards to be delivered by the principal to the
purchasers, and payment for the goods is to be made by the purchasers to the
principal on such delivery.
"Consumer shall mean any individual who seeks or acquires real or personal
property, services, money, or credit for personal, family, or household purposes.
"Consumer transaction shall mean any transaction in which one or more of the
parties is a consumer.
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"Group Exhibit shall mean an association of five (5) or more temporary vendors
under the auspices of a promotor, which association is formed for the purpose of
simultaneously conducting the business of the temporary vendors upon a common
site or premises.
"Handbill shall mean any printed or written matter, sample or device, dodger,
circular, leaflet, pamphlet, paper, booklet, or other printed or otherwise
reproduced original or copies of any matter or literature.
"Handbill distributor shall mean any person engaging or engaged in the
business for hire or gain of distributing handbills, other than newspapers
distributed to subscribers thereof, and any person receiving compensation directly
or indirectly for the distribution of such handbills.
"Handbill sponsor shall mean any person who, or firm or corporation that,
utilizes handbills as a medium of advertising or spreading a message.
"To hawk shall mean to peddle goods, wares or merchandise by hollering or
otherwise calling out.
"Home solicitation transaction shall mean a consumer transaction:
"(a) for the purchase of goods, other than farm equipment, and insurance sales
regulated by the State Board of Insurance, or services, payable in installments or
in cash where the consideration exceeds $25, in which the merchant or person
acting for him engages in a personal solicitation of the sale to the consumer at a
place other than the merchant's place of business and the consumer's agreement
of offer to purchase is given at a place other than the merchant's place of business
to the merchant or person acting for him, but it does not include a sale made
pursuant to a preexisting revolving charge account or retail charge agreement, or
a sale made pursuant to prior negotiations between the parties at a business
establishment at a fixed location where goods or services are offered or elchibited
for sale; or
"(b) for the purchase of realty, payable in installments or in cash where the
consideration exceeds $100, in which the merchant or person acting for him
engages in a solicitation of the sale to the consumer at a place other than the
merchant's place of business and the consumer's agreement or offer to purchase
is given at a place other than the merchant's place of business; but it does not
include a sale of realty in which transaction the purchaser is represented by a
licensed attorney or in which the transaction is being negotiated by a licensed real
estate broker or in which the transaction is being negotiated by the person who
owns the realty not at the residence of the consumer.
"Individual shall mean only a natural person.
"Interstate commerce shall mean the soliciting, selling or taking of orders for,
or offering to sell or take orders for, any goods, wares, merchandise or other
personal property or services which, at the time the order is taken, are in a state
other than Texas, or that will be produced in a state other than Texas and shipped
and introduced into this City in the fulfillment of such order.
"Itinerant vendor shall mean all persons, firms, corporations, as well as their
agents and employees, who engage in the temporary or transient business of
selling, or offering for sale, any goods and merchandise, or exhibiting the same
for sale or exhibiting the same for the purpose of taking orders for the sale
thereof, and who, for the purpose of carrying on such business or conducting
such exhibits, either hire, rent, lease or occupy any room or space in any
building, structure or other enclosure in the city, in, through or from which any
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goods or merchandise may be sold, offered for sale, exhibited for sale or
exhibited for the purpose of taking orders for the sale thereof.
"Merchant shall mean any party to a consumer transaction other than a
consumer.
"To peddle shall mean to travel about selling goods, wares or merchandise.
"Peddler shall include the term hawker and shall mean any person who makes
retail sales of tangible property from house to house or in any public place, and
such sales are not made from an established place and delivery is made at the
time of the sale, whether or not payment is collected at the time of such sale.
"Person shall mean an individual, corporation, trust, partnership, association,
or any other legal entity.
"Place of business shall mean a merchant's main or permanent branch office of
local address. In the case of a state or national bank or savings and loan
association, place of business includes any approved branch and any registered
loan production office.
"Promoter shall mean the person, firms, corporation or organization responsible
for conducting a group exhibit.
"Public place shall mean any place to which the public, or a substantial group
of the public, has access and includes, but is not limited to, streets, highways,
and the common areas of schools, hospitals, apartments, office buildings,
transport facilities and shops.
"Residence shall mean any separate living unit occupied for residential purposes
by one or more persons, contained within any type of building or structure.
"Retail sale shall mean any sale other than a sale of tangible property to any
purchaser who is purchasing the tangible property for the purpose of reselling it
in the normal course of business either in the form or condition in which it is
purchased or as an attachment to or an integral part of other tangible property.
"Solicit funds or solicitation of funds shall mean any home solicitation
transaction; any request for the donation of money, property, or anything of
value, or the pledge of a future donation of money, property, or anything of
value; or the selling or offering for sale of any property, real or personal,
tangible or intangible, whether of value or not, including, but not limited to,
goods, books, pamphlets, tickets, publications or subscriptions to publications.
Expressly excluded from the meaning of solicit funds or solicitation of funds is
any offer of inembership in any organization. A solicitation of funds is complete
when the solicitation is communicated to any individual then located within the
corporate limits of the City.
"Solicitor shall mean any person who goes from house to house or place to
place soliciting, selling, or taking order for, or offering to sell or take orders for,
any goods, merchandise or services. The term solicitor shall not include a person
on property by invitation of the owner of the property.
"Tangible property shall mean property which may be seen, weighed, measured,
felt or touched or which is in any other manner perceptible to the senses.
"Temporary vendor shall mean a person who is transacting or conducting
business within the City at a site for which definite arrangements have not been
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made for the hire, rental or lease of such premises for at least one (1) month in
or upon which such business is to be operated or conducted.
"Sec.24-2. Exceptions.
"(a) The provisions of this Article shall not apply to the following:
"(1) Public utility companies or others operating under
franchises granted by the City, nor to insurance salesmen, real
estate salesmen and others licensed by the State;
"(2) The sale or soliciting of orders for the sale of milk or dairy
products, bakery products, vegetables, poultry, eggs and other
farm and garden products insofar as the sale of such commodities
are authorized by law;
"(3) Ordinary commercial travelers who sell or exhibit for sale
goods or merchandise to parties engaged in the business of buying
and selling and dealing in such goods or merchandise;
"(4) Persons involved in interstate commerce;
"(5) Sales of goods or merchandise donated by the owners
thereof, the proceeds of which are to be applied to any charitable
or philanthropic purpose;
"(6) Group elchibits or persons exhibiting and selling agricultural
products on Market Square in the City of Paris;
"(7) Individuals operating under licenses granted by a State
agency;
"(8) The solicitation of funds for charitable purposes by any
organization or association from its members;
"(9) The solicitation of funds for charitable purposes by a person
when such solicitation occurs on premises owned or controlled by
the person soliciting funds or with the permission of the person
who owns or controls the premises, when previously invited to the
premises for solicitation; ur
"(10) The issuance of any announcement or advertisement that
charitable solicitation will occur or which announces or advertises
an event at which unannounced charitable solicitation will occur.
"(b) This Article is not to be construed as prohibiting or limiting the
distribution or sale of religious publications, newspapers, handbills or other
written or printed matter sold or distributed for the purpose of disseminating
information or news on sidewalks or in any public place.
"(c) Any person who peddles any food or beverage for human consumption
shall not be subject to the licensing provisions of this Article, but must be
licensed for such peddling by the Paris-Lamar County Health Department.
"Sec. 24-3. Unlawful solicitation and handbill distribution.
"(a) It shall be unlawful for any person to go from house to house or from
place to place in the City soliciting, selling, or taking orders for, or offering to
sell or take orders for, any goods, wares, merchandise, services, newspapers,
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magazines, or subscriptions to newspapers or magazines, or distribute handbills,
whether such person is permitted under this Article or not, between the hours of
9:00 p.m. and 9:00 a.m. on any day of the week during the months of April,
May, June, July, August, September and October, and between the hours of 6:00
p.m. and 9:00 a.m. on any day of the week during the months of November,
December, January, February and March, unless the hours are extended in his
permit.
"(b) No person, directly or through an agent, shall canvass or solicit from
house to house or from place to place in the City to sell or attempt to sell goods,
merchandise, wares, services or anything of value or to take or attempt to take
orders for the future delivery of goods, merchandise, wares, or any personal
property of any nature whatsoever, or take or attempt to take orders for services
to be furnished or performed in the future, without first having a written permit
therefor.
"(c) It shall be unlawful for any person to transact or conduct business in the
City of Paris at a site for which definite arrangements have not been made for the
hire, rental or lease of such premises for at least one (1) month without first
having procured a permit as a temporary vendor.
"(d) It shall be unlawful for any person, directly or through an agent, to
distribute or cause to be distributed, deposited or placed, thrown, scattered or cast
any handbill in or upon any premises within the corporate limits of the City,
without first having a written permit therefor.
"(e) It shall be unlawful for any person, directly or through an agent or
employee, to solicit funds for charitable purposes within the corporate limits of
the City unless such person shall have first obtained a certificate of registration.
"(f) It shall be unlawful for any individual, as the agent or employee of
another, to solicit funds for charitable purposes in the City unless his principal
or employer has received a certificate of registration.
"(g) It shall be unlawful for any person, directly or through an agent or
employee, to solicit funds or distribute handbills after the expiration of any permit
or certificate of registration issued as hereinafter provided.
"(h) It shall be unlawful for the person registering or applying, or the agents
or employees thereof, to solicit funds or distribute handbills for a purpose other
than that set out in the registration statement or application upon which the
certificate of registration or permit was issued.
"(i) It shall be unlawful for any person who shall solicit funds in the City to
represent in connection with such solicitation of funds that the issuance of a
certificate of registration or permit by the City constitutes an endorsement or
approval of the purposes of such solicitation of funds by the City or any officer
or employee thereof.
"(j) It shall be unlawful for any person to distribute or cause to be distributed,
deposited, placed, thrown, scattered or cast any handbill in or upon any private
premises which are temporarily or continuously uninhabited or vacant.
"(k) It shall be unlawful for any person to distribute or cause to be distributed,
deposited, placed, thrown, scattered, or cast any handbill upon any private
premises which are inhabited and which are not posted as provided by this Article
except by handing or transmitting such handbill directly to the owner, occupant,
or any other person then present in or upon such private premises or by placing
or depositing the same in a manner to secure to prevent such handbill from being
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blown or drifting about such premises, except that mailboxes may not be used
when prohibited by federal postal laws or regulations.
"(1) It shall be unlawful for any person to distribute or cause to be distributed,
deposited, scattered, handed out or circulated any handbill in any place, under
any circumstances, which does not have printed on the cover, front or back
thereof, the name, address and telephone number of the following: The handbill
sponsor who caused the same to be distributed; provided, however, that in the
case of a fictitious person or club, in addition to such fictitious name, the true
names and addresses of the owners, manager, or agents for the persons
sponsoring such handbill shall also appear thereon.
"Sec. 24-4. Solicitation on public rights-of-way and sidewalks and in city
parks; mobile vendors; solicitors interfering with persons in public places;
handbills on public property.
"(a) It shall be unlawful for any person to conduct charitable solicitations or
peddle, solicit, sell, offer for sale, or exhibit for sale any merchandise upon any
public sidewalk, street, street right-of-way, parkway, or other public right-of-way
without first obtaining a Special Event Permit in accordance with the provisions
of Article II hereof; except that it shall be lawful for any person to engage in
mobile vending operation involving food products upon any street, public street,
street right-of-way, provided such person has previously obtained a solicitor's
permit and a health permit from the Paris-Lamar County Health Department and
under the conditions set forth in this Section.
"(b) Notwithstanding the provisions of this Section, an owner or tenant whose
primary place of business is adjacent to a sidewalk may utilize a portion of such
sidewalk for the exhibition of his wares or merchandise so long as a reasonable
amount of sidewalk is left for passage by the pedestrian public.
"(c) No person shall engage in or attempt to engage in any mobile vending
operation involving food products unless such person has in his immediate
possession a valid solicitor's permit and health permit issued to him by the city.
"(d) No person shall engage in or attempt to engage in any mobile vending
operation involving food products on any public street which is not residential in
character, on any street which includes four (4) or more marked traffic lanes, or
within the limits of any City park.
"(e) Notwithstanding the provisions of this Section, a person may sell or offer
for sale any food, drinks, confections, merchandise or services within the limits
of any City park if such person has written agreement or permit issued by the
city.
"(f) Any person engaged in or who attempts to engage in mobile vending
involving food products shall stop his motor vehicle only in immediate response
to a direct request from a potential customer and for a period not to exceed
fifteen (15) minutes.
"(g) All persons engaged in mobile vending operations involving food products
shall comply with all traffic laws and parking regulations. Sales and deliveries
of products shall not be made from any part of the vehicle away from the curb.
"(h) It shall be unlawful for any person engaged in soliciting customers for any
person engaged in the sale of goods, wares or merchandise of any kind to stop
or detain any person upon the street, sidewalk or public place, or in any manner
to harass, disturb or importune any person, or to take hold of any person or any
Article belonging to or possessed by such person.
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"(i) It shall be unlawful for any person to paste, stick, or place any
advertisement, handbill, placard, printed, pictured or written matter or any device
for advertising purposes upon any fence, railing, sidewalk, telephone, electric
light or public utility pole, or other public property, or to knowingly permit the
same to be done for his benefit.
"Section 24-5. Outdoor solicitation on private property.
"No merchant, including itinerant or temporary merchants, shall engage in or
attempt to engage in any outdoor sales activity unless such sales activity is
consistent with the zoning regulations prescribed for the district in which the
activity takes place. It shall be unlawful for an itinerant or temporary merchant
to solicit at a location other than the one specified on the application.
"Sec. 24-6. Supervision of child solicitors.
"It shall be unlawful for any person to use children under eighteen (18) year of
age for any type of solicitation purposes unless said children are actively
supervised by a permitted or registered adult individual at least eighteen (18)
years of age or older within one hundred (100) yards of the child solicitor.
"Sec. 24-7. Qualirications for Obtaining a Permit.
"No permit under this Article shall be issued to any person who has been
convicted of the commission of a felony in a court of competent jurisdiction
within three (3) years of the date of the application, to any person who has been
on probation or parole as a result of a felony within one (1) year of the date of
the application, or to any person who has knowingly made any false, misleading
or fraudulent statement of fact in the permit application. A permit shall not be
issued to any person who has been convicted of a violation of any of the
provisions of this Article, or to any person whose permit has previously been
revoked, if such conviction or revocation occurred within one (1) year of the date
of the application. The provisions of this Section shall, in no way, be construed
as limiting the City's discretion in refusing to grant permits to persons convicted
of felonies.
"Sec. 24-8. Permit to be carried; displayed.
"(a) It shall be unlawful for any person to sell or solicit goods or funds without
visibly displaying the permit or registration statement required by this Article on
his person while engaged in such solicitation or sale.
"(b) It shall be unlawful for any person to solicit funds without visibly
displaying on his person the permit or registration statement provided by the City,
or to display a permit or registration statement issued in the name of another
person.
"(c) Any temporary vendor permit issued under this Article shall be
prominently displayed in a conspicuous place on the premises where the sale or
exhibit is being conducted and shall remain so displayed so long as any goods or
merchandise are being sold or exhibited.
"Sec. 24-9. Permit or registration revocation; appeal.
"(a) Failure to comply with any of the provisions of this Article, or failure to
continue to possess any of the qualifications required under this Article, shall
constitute grounds for revocation of any permit or registration issued in
accordance with the provisions of this Article. Written notice of revocation shall
be given to such person by either hand-delivery or registered or certified mail.
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"(b) Should a person have a permit or registration revoked, he may appeal that
action to the City Manager, or his designated representative, by submitting a
letter to the City Manager within ten (10) days of the revocation. A hearing shall
be held within fifteen (15) days of the appeal. The City Manager, or his
representative, shall render a decision on the appeal within one (1) day of the date
of the hearing. Such hearing shall be an administrative hearing. The decision of
the City Manager, or his designated representative, shall be final.
"Sec. 24-10. Exhibiting card prohibiting solicitors; handbills.
"(a) A person desiring that no merchant or other person engage in any form of
solicitation or place handbills or other advertisement at his business or residence
shall exhibit, in a conspicuous place upon or near the main entrance to the
business or residence, a weatherproof card, not less than three inches by four
inches (3" x 4") in size, containing the words, "NO SOLICITORS". The letters
shall not be less than two-thirds of an inch (2/3 in height.
"(b) Every merchant going onto any premises upon which a business or
residence is located shall first examine the business or residence to determine if
any notice prohibiting soliciting is exhibited upon or near the main entrance to the
business or residence. If notice prohibiting soliciting is exhibited, the merchant
shall immediately depart from the premises without disturbing the occupant,
unless the visit is the result of a request made by the occupant.
"(c) No person shall engage in or attempting to engage in solicitation or place
handbills or other advertisement if a card as described in Subsection (a) above is
exhibited in a conspicuous place upon or near the main entrance to the business
or residence, unless the visit is a result of a request by the occupant.
"(d) No person shall go upon any residential 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 of the residence for the purpose of securing an
audience with the occupant.
(Secs. 24-11 to 24-20 reserved)
"Division 2. Non-charitable solicitations and handbill distribution.
"Sec. 24-21. Application; contents.
"Any person desiring a permit under this Division shall file a written, sworn
application, on the form provided by the City, with the City Manager at least ten
(10) days prior to the date of the initial contemplated sale. The application shall
state thereon the following:
"(a) The full name, driver's license number, social security number, business
and permanent addresses, and a local address and telephone number of the person
making application;
"(b) The name of the person having the management or supervision of the
applicant's business, if any, and the permanent address and telephone number of
such person;
"(c) The name of the handbill sponsor, if applicable, and the permanent address
and telephone number of such person;
"(d) The name and address of the person on whose account the business will
be carried on, if any, and, if a corporation, the applicant shall state whether such
corporation is organized under the laws of the State of Texas or is a foreign
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corporation, and must show the mailing address, business location, telephone
number, name of the individual in charge of the local office of such corporation,
if any, and the names and addresses of all officers and directors or trustees of
said corporation, and, if a foreign corporation, the place of incorporation;
"(e) The dates on which the solicitation or handbill distribution will occur;
"(f) The kind, type and character of goods the applicant will offer 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;
"(g) The location where such solicitation or handbill distribution will be
conducted in the City;
"(h) If a vehicle is used while soliciting or distributing handbills, a description
of the vehicle, including year, make, model and license plate number;
"(i) The full names, driver's license numbers, social security numbers,
permanent addresses and telephone numbers of each employee, agent or
representative of the applicant who will sell, offer, exhibit or solicit orders for
the sale of goods, wares or merchandise or distribute handbills for or on behalf
of the applicant;
"(j) If applicable, the full names, drivers' license numbers, social security
numbers, permanent addresses and telephone numbers of all adults who will be
responsible for supervising any juvenile solicitor (under 18 years of age);
"(k) The last three (3) places where the applicant peddled, canvassed or
distributed handbills, stating the nature thereof and giving the applicant's full
address in each place;
"(1) Whether or not the applicant or any employee, agent or representative of
the applicant who is listed on the application has been convicted of the
commission of a felony in a court of competent jurisdiction within three (3) years
of the date of the application or been on probation or parole as a result of a
felony within one (1) year of the date of the application;
"(m) Whether or not the applicant or any other person associated with the
applicant or the applicant's organization has previously held a permit issued under
the provisions of this Article and if such permit was revoked;
"(n) Whether or not the applicant or any employee, agent or representative of
the applicant who is listed on the application has been issued a permit for a
concealed handgun;
"(o) A copy of the sales tax permit issued by the state comptroller;
"(p) In the case of temporary vendors, written consent, on the form provided
by the City, from property owner or agent authorized to grant consent for appli-
cant's use of such private property for sales activity indicated in permit
application;
"(q) Any other information which the City of Paris deems necessary for the
administration of this Article; and
"(r) The non-refundable application fee and bond provided for in this Division
shall accompany the application.
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"5ec.24-22. Fee.
"(a) The non-refundable permit fee for an itinerant vendor shall be one hundred
dollars ($100.00). When any person engages in the business of an itinerant
vendor through one (1) or more agents or employees, such person shall, in
addition to such one hundred dollar ($100.00) fee, pay a non-refundable permit
fee of five dollars ($5.00) for each agent or employee so engaged.
"(b) The non-refundable permit fee for a temporary vendor shall be fifty dollars
($50.00) per day or one hundred dollars ($100.00) for three (3) consecutive days
or three (3) nonconsecutive days if such days are requested in one application and
are within a thirty (30) day period. When any person engages in the business of
a temporary vendor through one (1) or more agents or employees, such person
shall, in addition to such other fees required by this Section, pay a non-refundable
permit fee of five dollars ($5.00) for each agent or employee so engaged. The
total fee required for a permit shall not exceed one thousand dollars ($1,000.00).
°(c) The non-refundable permit fee for a handbill distributor shall be twenty-
five dollars ($25.00). When any person engages in the business of distributing
handbills through one (1) or more agents or employees, such person shall, in
addition to such twenty-five dollar ($25.00) fee, pay a non-refundable permit fee
of five dollars ($5.00) for each agent or employee so engaged.
"(d) The non-refundable fees herein provided for shall be used for the purpose
of defraying expenses incident to the issuing of such permits.
"(e) The non-refundable fees for the issuance of a permit provided for in this
Section shall not be required of nonprofit or charitable organizations.
"Sec. 24-23. Cash Bond of Applicant.
"(a) Each application for permit under this Division shall be accompanied by
a cash bond in the penal sum of one thousand dollars ($1, 000.00) signed by the
applicant. The cash bond shall be conditioned for the final delivery of goods,
wares, merchandise, services, photographs, magazines or newspapers in
accordance with the terms of any order obtained prior to delivery and also
conditioned to indemnify any and all consumers for any and all defects in material
or workmanship that may exist in the Article sold by the principal at the time of
delivery, and that may be discovered by the consumer within ninety (90) days
after delivery. Such cash bond shall be for the use and benefit of all persons that
may make any purchase or give any order to the principal on the cash bond or to
an agent or employee of the principal. Such bond shall be retained by the City
for a period of ninety (90) days after the expiration of the permit secured by the
same.
"(b) In the event that the applicant for a permit under this Division is a person,
firm, company, partnership, corporation or association acting through one or
more agents or employees, such person, firm, company, partnership, corporation
or association shall be required to enter into only one cash bond in the penal sum
of one thousand dollars ($1,000.00) as above required, which cash bond shall be
made to cover the activities of all its agents or employees.
"(c) Any person who is engaged in the sale of food and food products, and who
delivers the same at the time of sale, shall not be required to execute the cash
bond required by this Section.
"(d) Any person who is engaged in solicitation for charitable purposes shall not
be required to execute the cash bond required by this Section.
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"(e) Any person who is engaged solely in distributing handbills shall not be
required to execute the cash bond required by this Section.
"Sec. 24-24. Identification of applicant.
"At the time of filing an application for a permit under this Division, the
applicant shall submit, for inspection by the City Manager, written proof of his
identify, which may be in the form of an automobile operator's license or an
identification letter or card issued to him by the person for whom or through
whom orders are to be solicited or cleared.
"Sec. 24-25. Investigation of Applicant.
"Upon application for a permit being made by the applicant for the sale of
goods within the city, the City Manager shall deliver the application to the Chief
of Police, who shall investigate and verify the applicant, his firm, or the firm he
represents, and report his findings to the City Manager by 5:00 p.m. no later than
the third business day after the application was filed with the City Manager. The
City Manager shall prepare a memorandum summarizing the findings to be filed
in his office.
"Sec. 24-26. Denial of application.
"An application may be denied when:
"(a) Information on the application is incomplete or insufficient;
"(b) An applicant, including persons listed under a group application, has been
convicted of a felony within the last three (3) years; or
"(c) A false statement or material misrepresentation is made on an application
for a solicitor's permit, which shall be grounds for immediate denial or revocation
of a permit.
"Sec. 24-27. Issuance.
"If, upon hearing, it shall appear to the City Manager that the statements
contained in an application for a permit under this Division are true, that the
correct cash bond has been posted, that proper identification has been presented,
that the applicant has the right, under the constitution and the laws of this state
and under the ordinances of the City of Paris, to engage in business, and that the
applicant has not been convicted of a felony or a violation of similar itinerant
vendors' ordinances of the cities of the state, then the City Manager shall issue
such permit to the applicant.
"Sec.24-28. Term.
"Any permit issued under this Division shall be valid for ninety (90) days from
the date of issuance.
(Secs. 24-29 to 24-40 reserved)
"Division 3. Charitable 5olicitations
"Sec. 24-41. Registration statement.
"(a) All persons desiring to solicit funds for charitable purposes in the City
shall file annually with the City Manager a registration statement, on the form
provided by the City, containing the following information:
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"(1) The name of the person registering and desiring to solicit
funds for charitable purposes;
"(2) If the person registering is a natural person, the business or
residence address and telephone number;
"(3) If the person registering is a partnership, the names of all
partners and the principal business address and telephone number
of each partner;
"(4) If the person registering is a corporation, whether it is
organized under the laws of the State of Texas or is a foreign
corporation, the mailing address, business location, telephone
number, name of the individual in charge of the local office of
such corporation, if any, and the names of all officers and
directors or trustees of said corporation, and, if a foreign
corporation, the place of incorporation;
"(5) If the person registering is an association, the association's
principal business address and telephone number, if any, and the
names and principal business or residence addresses and telephone
numbers of all members of the association unless they exceed ten
(10) in number, in which case the person registering may
alternatively list the names and principal business or residence
addresses and telephone numbers of the officers and directors or
trustees of the association. lf the association is part of a multi-
state organization or association, the mailing address and business
location of its central office shall be given, in addition to the
mailing address and business location of its local office;
"(6) The names, mailing address and telephone number of all
individuals who will be in direct charge or control of the
solicitation of funds;
"(7) The time period within which the solicitation of funds is to
be made, giving the date of the beginning of solicitation and its
projected conclusion;
"(8) A description of the methods and means by which the
solicitation of funds is to be accomplished;
"(9) Approved documentation of the nonprofit status of the
applicant to justify the solicitation to be for charitable purposes;
"(10) A statement to the effect that if a certificate of registration
is granted, such certificate will not be used or represented to be an
endorsement by the City or any of its officers or employees; and
°(11) Any other information which the City of Paris deems
necessary for the administration of this Division.
"(b) The registration statement must be signed by the applicant, if the person
registering is an individual; if the person registering is a partnership, by the
partner charged with disbursing funds solicited; if a person is registering on
behalf of a corporation or an association, by its officer charged with disbursing
the funds solicited. The individual signing the registration statement shall sign
the statement and swear before an officer authorized to administer oaths that he
has carefully read the registration statement and that all the information contained
therein is true and correct.
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"(c) Information provided by applicant in accordance with the provisions of this
Section may be subject to verification by the Paris Police Department.
"Sec. 24-42. Issuance of certificate of registration.
"After review of the registration statement, to determine its compliance with this
Article, and within ten (10) working days of the receipt of the same, the City
Manager shall either issue a certificate of registration, as provided in this
Division, or notify the person applying that the registration statement does not
comply with the requirements of this Article, and specifically point out what
information or explanation has not been furnished that is required before a
certificate of registration can be issued.
"Sec. 24-43. Form of certificate of registration.
"The City of Paris shall prescribe the form of the certificate of registration.
Each such certificate of registration shall be printed in black except that the
following shall be printed prominently thereon in red: "The issuance of this
certificate of registration is not an endorsement by the City of Paris or any of its
officers or employees. " Each certificate of registration shall bear a registration
number which is the same as the file containing the registration statement filed
by the registrant.
"Sec. 24-44. Solicitor's identification.
"(a) Each solicitor licensed under this Division shall carry with him and
produce upon request the following authorizations and identification:
"(1) Proof of non-profit status or authorization to represent the
charitable organization; and
"(2) A valid driver's license or other valid/official photo I.D.
"(b) Each solicitor licensed under this Division shall visibly display the
registration statement required by this Article on his person while engaged in such
solicitation.
"Sec.24-45. Term.
"Any certificate of registration issued under this Division shall be valid for one
(1) year from the date of issuance.
(Secs. 24-46 to 24-60 reserved)
Section 2. It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses and phrases of this Ordinance are severable, and, if any section,
paragraph, sentence clause, or phrase of this Ordinance shall be declared unconstitutional by the
valid judgement or decree of any court of competent jurisdiction, such unconstitutionality shall
not affect any of the remaining sections, paragraphs, sentences, clauses, and phrases of this
Ordinance, since the same would have been enacted by the City Council without the incorpor-
ation in this Ordinance of such unconstitutional section, paragraph, sentence, clause, or phrase.
Section 3. Any person violating any of the provisions of this ordinance shall be guilty
of a Misdemeanor and, upon conviction, shall be fined in any sum not to exceed $500.00, and
each and every day's continuance of any violation of the above enumerated sections shall
constitute and be deemed a separate offense.
Section 4. All ordinances or parts of ordinances in conflict herewith are hereby
expressly repealed.
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Section 5. This ordinance shall become effective June 1, 1996.
PASSED AND ADOPTED this 13th day of May, 199 .
~
Eric S. Clifford, Mayor
ATTEST:
.
Mattie Cunningham, City Clerk
APYIZOVED TO FORM:
T. K. ynes, ty Attorney
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