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2617 ORD PROVIDING CODE OF ORDINANCES BE AMENDED BY REVISING CHAPTER 23 BY AMENDING SECTIONS 23-1, 23-14, 23-16 AND 23-19 BY ADDING ARTICLE III TO SAID CHAPTER ORDINANCE N0. 2617 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PRO- VIDING THAT THE CODE OF ORDINANCES OF THE CITY OF PARIS BE AMENDED BY REVISING CHAPTER 23 BY AMENDING SECTIONS 23-1, 23-14, 23-16 AND 23-19 Ar1D BY ADDING ARTICLE III TO SAID CHAPTER; PROVIDING FOR THE INCREASE OF ITINERANT VENBORS FEES AND THE EXEMPTION OF NON-PROFIT ORGANIZATIONS FROM THE PAYMENT OF FEES AND DEFINING AND REGULATING TEMPORARY VENDORS; PROVIDING FOR A PENALTY NOT TO EXCEED $200.00; REPCTLHEREWITH; RANDAP PARTS OAN EFFECTIVESDATECOF FLT APP.IL 22, 1982. BE IT ORDATNED BY THE CITY COUNCIL OF THE CITY OF PARIS: Section 1. That Chapter 23 of the Code of Ordinances of the City of Paris be amended so that such shall read as follows: "Sec. 23-1. Soliciting, selling, etc., prohibited between certain hours and certain places without a license. (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, merchan- dise, services, newspapers, magazines, or subscriptions to newspapers or magazines, whether such person is licensed as an itinerant vendor under this chapter or not, between the hours of 5:00 P. M. and 9:00 A. M. on any day of the week unless the hours are extended in his license. (b) It shall be unlawful for any person to trans- act or conduct business in the City of Paris at a site for which definite arranger.lents have not been made for the lease such one month without as a temporary vendor. (c) This section is and shall be deemed an exer- cise of the police power of the state and city, for the public safety, comfort, convenience and protection of the city and its citizens, and all of the provisions hereof shall be construed for the accomplishment of that purpcse." Section 2. That Section 23-14 of Chapter 23 of the Code of Ordinances of the City of Paris be amended so that such shall read as fo?_lows : "Sec. 23-14. Application. Any person desiring a license required by this article shall r.lake written application therefor to the City Manager. Such application shall show the name and address of the applicant; the name and address of the person, if any, that he represents; the State of Texas sales tax nv.mber of the applicant or applicant's company; the kind of goods or services offered for sale; whether the applicant, upon any such sale or order, shall demand, accept or receive payment or deposit of rnoney in advance of final delivery; and the period of time such applicant wishes to sale or solicite in the city. Section 3, That Section 23-16 of Chapter 23 of the Code of Ordinances of the City of Paris be amended so that such shall read as follows: "Sec. 23-16. Fee. The license fee for an itinerant vendor shall be $25.00. When any person engages in any activity mentioned in Section 23-12 through one or more agents or employees, such person shall, in addition to such $25.00 fee, pay a license fee of $5.00 for each agent or employee so en- gaged. The fees herein provided for shall be used for the purpose of defraying expenses incident to the issuing of such licenses. Section 4, That Section 23-19 of Chapter 23 of the Code of Ordinances of the City of Paris be amended so that such shall read as follows: "Sec. 23-19. Exemptions. (a) The provisions of this Article shall not apply to sales made to dealers by commercial travelers or sales agents in the usual course of business, nor to sales made under authority and by order of law. (b) The fee provisions of this Article shall not apply to non-profit organizations," Section S.Tbet amendedrby3addingeanoArticlertonbecnumbered the City of PariS III to read as follows: "Article III. Temporary Vendors License. "Sec. 23-31. Definition. (a) A"temporary vendor" as the term is used in this Article shall be held to be aperson who is transacting or conducting business within 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 month in or upon which such business is to be operated or conducted. (b) The term "group exhibit" means an association of five (5) or more temporary vendors under the auspices of a promoter which association is formed for the purpose of simultaneously conducting the business of the temporary vendors upon a common site or premise. (_c) The word "promoter" means the person, firm, cor- poration or organization responsible for conducting a group exhibit. "Sec. 23-32. License Required. It shall be unlawful for any temporary vendor to engage in any activity mentioned in Section 23-31, with- out first obtaining a license to do so from the City Manager. "Sec. 23-33. Application. Any person desiring a license required by this Article shall make application therefor to the City Manager. Such application shall shaw the name and address of the applicant, the name and address of the person, if any, that he represents; his State of Texas tax number or the tax number of the person he rephesents; the kind of goods or services offered for sale; description of the location upon which he desires to conduct business; the written permission from the land owner authorizing occupancy: the zoning classification of the premises to be occupied; and the period of time for which applicant wishes to conduct business in the City. "Sec. 23-34. Identification of Applicant. At the time of filing an application for a license under this Article, the applicant shall submit, for in- spection by the City Manager, his Social Security number, date of birth, written proof of his identity, and pro- vide finger print and photographic identification, if required. "Sec. 23-35. Fee. The license fee for a temporary vendorShaThebtotal $50.00 per day or $100.00 for three (3) dayS fee required for license shall not exceed $1,000.00. The fees herein provided ~°dentato theuissuing purchpolisecensofes. defraying expenses in "Sec. 23-36. Terri. Any license issued under this Article shall be main- tained on the site where the business is being conducted and be available for inspection at all times. "Sec, 23-38, Exemptions From Article. (a) The provisions of this Article shall not aapri- to group exhi persons cultural products on Paris. (b) The fee provisions of this Article shall not apply to non-profit organizations. "Sec. 23-39. Exercise of Police Power; Purpose and Construction of Article. This entire Article is and shall be deemed an exercise of the police power of the State of Texas and the City; for the public safety, comfort, convenience and protection of the City and its citizens; the orderly collection of State and City sales taxes, and all of the provisions hereafter shall be construed for the accomplishment of those purposes." Section 6. Any person violating any of the provisions of this Ordinance shall be guilty of a Class "C" Misdemeanor, and upon conviction shall be fined in any sum not to exceed $200.00. Section 7. All ordinances or parts of ordinances in con- flict herewith are hereby expressly repealed. Section 8. This ordinance shall becorne effective on April 22, 1982, Passed and adopted this 12th day of April, 1982. Bi y e Burnett, Mayor ATlF'ST : H. C. Gr ene, City C erk APPROVED AS TO FORM: J-3 ~ T, K. ayne , City Attorney