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OR 80 Makes it unlawful to peddle, sell or solicit without a permit AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 80 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS , MAKING IT UNLAWFUL TO PEDDLE, HAWK, SELL, SOLICIT OR TAKE ORDERS FOR, OFFER TO TAKE ORDERS FOR ANY SERVICES, WARES, MERCHANDISE OR GOODS, INCLUDING MAGAZINES AND PHOTOGRAPHS, ON THE STREETS AND SIDEWALKS, OR FROM DOOR TO DOOR WITHIN THE CITY WITHOUT HAVING FIRST OBTAINED A PERMIT FROM THE CITY; MAKING IT UNLAWFUL TO FAIL TO CARRY PERMIT ON PERSON WHILE SO ENGAGED; PROVIDING FOR PERIMIT APPLICATION, INVESTI- GATION OF APPLICANT, ISSUANCE OF PERIMIT, REVOCATION OF PER- MIT, APPEALS, PERMIT FEES AND PROVIDING CERTAIN EXEMPTIONS; REPEALING ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED TItE SUM OF TWO HUNDRED ($200.00) DOLLARS FOR EACH OFFENSE AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. PERMIT REQUIRED. It shall be unlawful for any person to peddle, hawk, sell, solicit or take orders for, offer to take orders for any services, wares, merchandise or goods, including magazines and photographs, on the streets and sidewalks, or from door to door within the city without having first ob- tained a Dermit therefor from the City. SECTION 2. PERMIT APPLICATION: CONTENTS. Each application for a permit, required by this Ordinance, shall be in writing under oath and shall set out the following: Vl, c (1) Name of the applicant, with his permanent residence. (2) Name and address of the firm or person he represents. (3) The kind, type and character of goods or services he proposes to offer for sale. (4) Name and addresses of five persons as references. (5) How often the applicant will solicit during the year. (6) The names of any cities where applicant has worked within the previous thirty (30) days. (7) Whether or not applicant has ever been con- victed of a felony or a misdemeanor involv- ing moral turpitude. SECTION 3. INVESTIGATION OF APPLICANT. It shall be the duty of the Chief of Police to in- vestigate each applicant and make a report thereon to the City Secretary before issuance of a permit. SECTION 4. ISSUANCE OF PE~4IT. It shall be the duty of the City Secretary to issue or refuse to issue such permit not earlier than two (2) days and not later than two (2) weeks from the time the appl~n therefor is received by the City Secretary. per year shall be charged which shall not be not be returned if application is denied. SECTION 5. REVOCATION OF PE~4IT. If, after the permit required by this Ordinance has been issued, the City Secretary or other official of the City finds that the permit was obtained by false representation in the application, it may be revoked by the City Secretary. A fee of pro-rated and shall SECTION 6. APPEALS. If the City Secretary refuses to issue the permit required by this Ordinance or such permit is revoked under the above provisions, the applicant shall have the right to appeal to the City Council at its next regular meeting. SECTION 7. It shall be PErmIT TO BE CARRIED ON PERSON WHILE SELLING, ETC. unlawful for any person to sell or solicit in the City without carrying the permit required by this Ordinance on his person while engaged in such soliciting or selling. SECTION 8. Bona fide PErmIT FEE MAY BE WAIVED FOR BONA FIDE CHARITABLE ORGANIZATIONS. charitable organizations or their re- presentatives are hereby required to obtain permits, as re- quired by this Ordinance, but the fee may be waived at the direction of the City Secre-'~ary. SECTION 9. PERSONS ENGAGED IN INTERSTATED COM- MERCE EXE~4PT BUT REQUIRED TO REGISTER. Persons engaged in interstate connnerce shall not be required to obtain a permit or pay a fee as required by this Ordinance, but such persons, before engaging in such activity in the City, shall first register with the City Secretary. SECTION 10. CONSTRUCTION OF ORDINANCE. This entirezOrdinance is and shall be deemed an exercise of the police power of the State of Texas, and of the City o ~, for the public safety and general wel- fare of the city and citizens of the City. SECTION 11. EXEP4PTIONS FRO,~ ORDINANCE. (a) The provisions of this Ordinance shall not apply to the sale or soliciting of orders for t}!e ~a]~ 'c~. vegetables, poultry, eggs and other farm products produced by the vendor, nor to the sale or soliciting of orders for the sale of milk, dairy products and bakery products insofar as the sale of the commodities named in this section is autho- rized by law, nor shall it apply to public utility companies operating under a franchise granted by the City, nor shall it apply to local residents of the City engaged in soliciting in support of the Scouts, Y.M.C.A, Little League or other such non- profit organization where all such soliciation is conducted by local residents of the City. (b) The provisions of this ordinance shall not apply to commercial agents or drummers dealing with local business establishments in the usual course of business. (c) Provisions of this Ordinance shall not apply to insurance salesmen, real estate salesmen and others li- censed by the State. SECTION 12. REPEALING CLAUSE: All ordinances or parts of ordinances inconsistent or in conflict with the provisions of this ordinance are here- by repealed. However, the repeal of existing ordinances by this ordinance shall not effect or prevent the prosecution or the punishment of any person for any act done or committed prior to the effective date of this ordinance in violation of any ordinance hereby repealed; and prosecution for such offenses may be instituted and causes presently pending proceeded with in all respects as if such prior ordinance or ordinances had not been repealed. SECTION 13. SEVERABILITY CLAUSE: If any article, paragraphzor sub-division, clause, phrase or provision of this Ordinance shall be adjudged in- valid or held unconstitutional, the same shall not affect the validity of this Ordinance as a whole or any part or provision thereof other than the part so decided to be invalid or uncon- stitutional. SECTION 1~. PENALTY CLAUSE: Any person, firm or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a mis- demeanor and, upon conviction, shall be fined not to exceed the sum of two hundred ($200.00) dollars for each offense and each and every day such offense is continued shall constitute a new and separate offense. SECTION 15. EMERGENCY CLAUSE: The fact that the present City regulations are in- adequate to properly protect the public health, safety and welfare, creates an urgency and an emergency and requires that this Ordinance shall take effect immediately from and after the publication of its caption as the law in such cases provides. Coppell, DULY PASSED Texas, this by the City Council of the City of MAYOR ATTEST: CITY SECTETARY APPROVED AS TO FOR~4: ~; ,