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