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HomeMy WebLinkAbout1971-013AN ORDINANCE REQUIRING A PERMIT FOR SALES UPON PUBLIC STREETS AND SIDEWALKS, ESTABLISHING REGULATIONS AND REQUIREMENTS THEREFORE, PROVIDING FOR A PERMIT FEE AND FRANCHISE FEE, PROVIDING A PENALTY FOR VIOLATIONS THEREOF, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS In accordance with Section 21-10 of the Code of Ordinances, the City Secretary is hereby authorized to issue permits for cer- tain sales or vending from and upon public streets according to the general procedure established for solicitors, and pursuant to the following conditions and provisions 1 The City Secretary shall obtain name and address of the owner or owners of the business being conducted, its local agents, and of each driver and salesman connected therewith, 2 Investigate each owner and employee or agent through the police department, 3 Obtain copies of~ or proof of, each applicants (a) Food handlers permit (b) Health card (c) Drivers license (d) Vehicle ownership (e) Certificate of liability insurance, with limits of at least 25/100 Property Damage and Personal In- Jury (f) Bond payable to Mayor to assure compliance with[ terms of the permit, to protect the buying public, with limits of at least $1,000 00 (g) Sales tax permit (h) Name and location of warehouse or source of food supply 4 Each permit shall clearly define the sales route, or area Permits must be based on ability to adequately serve the area, and shall be limited to residential areas No sales may be made from any street or sidewalk which abuts a park or area containing a licensed concessionaire, or business establishment, or within 1,000 feet from such concession or establishment 5I No permit shall exceed one (1) year, and shall provide for automatic termination upon abandonment, or upon any violation of ordinance or statute The Chief of Police may suspend any per- mit for any violation of ordinance or statute and for the creation of a nuisance or traffic hazard The permit holder may appeal such suspens'ion to the City Council for final determination, if such appeal lis filed with the City Secretary within ten (10) days of the suslpension 6 Ail vehicles involved, including trucks, scooters, push carts, Iwagons, bicycles, etc , shall be described in the permit, and be,subject to inspection by the Health Department and Police Department, and be approved by said departments prior to use 7 A permit fee of Twenty-Five ($25 00) Dollars per permit year plus Ten ($10 00) Dollars for each vehicle in excess of one and Five ($5 00) Dollars for each employee in excess of one shall be collected prior to issuance, and a street use franchise fee of three (3%) per cent of all gross receipts from such sales shall be paid to the City within thirty (30) days after the expiration of each quarter year beginning on the date the permit first issues The permit holder shall be responsible for keeping accurate records of all such sales, and the City shall have the right to audit such records at all reasonable times 8 Permits may be issued by the City Secretary for the sale of food and drink only 9 No sales from sidewalks or other public property are allow- ed without the permission of the City Council based upon a showing of good cause or public need PAGE TWO SECTION II This ordinance shall be effective immediately upon its passage PASSED AND APPROVED this the 27th day of April, A D 1971 ATTEST BROOKS HOLT, C'i'TY SECRETARY CITY OF DENTON, TEXAS APPROVED A~ TO LEGAL FORM 7Agile- q BARTON, ¢I2~ ATTORNEY C-I~Y OF DENTON~ TEXAS ! PAGE THREE