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2007-098S:\Our Documents\Ordinances\07\Chapter I6 AgriculmralVendor.doc ORDINANCE NO. ~OO~I - ~~ AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE PROVISIONS OF CHAPTER 16 RELATING TO LICENSES, PERMITS, AND BUSINESS REGULATIONS BY AMENDING SECTION 16-78 TO LIMIT THE EXEMPTION FOR AGRICULTURAL VENDORS AND YOUTH ORGANIZATIONS; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $500 FOR VIOLATIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTNE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That Chapter 16 of the Code of Ordinances of the City ("Licenses, Permits, and Business Regulations") be and the same is hereby amended by amending Section 16-78 "Exemptions." Section 16-78 shall read as follows: Sec. 16-78. 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 calling upon or dealing with manufacturers, wholesalers, distributors or retailers at their places of business. (b) The provisions of this article shall not apply to anyone or any group who is required to get a special events permit through the City Parks and Recreation Department or to the North Texas State Fair. (c) The provisions of this article shall not apply to a person soliciting employment at the Day Labor Site. (d) Sections 16-77(b), Sections 16-91-Section 16-95 shall not apply to agricultural vendors not engaging in any home solicitation or to organizations whose membership consists primarily of persons under 18 years of age, such as Girl Scouts, Boy Scouts, school organizations, youth sports organizations, and charitable or religious youth organizations. See Denton Code of Ordinances Chapter 25. However, any agricultural vendor who engages in any home solicitation must comply with the permit requirements and all other sections of this article. SECTION 2. If any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not effect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any invalidity. SECTION 3. Save and except as amended hereby, all the provisions, sections, subsections, paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain in full force and effect. „ S:AOur UocumenlsVOrdinancesVOTChapler l6 AgriculturalVCndocdoc SECTION 4. Any person found guilty of violating this ordinance by a court of competent jurisdiction shall be fined a sum not to exceed five hundred dollars ($500) per day. Each day that a provision of this ordinance is violated shall constitute a separate offense. SECTION 5. This ordinance providing for a penalty shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (] 0) days of the date of its passage. PASSED AND APPROVED this the ~~~day of , 2007. C PERRY cNEILL, MAYOR ATTESTED: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY °~ Page 2 of 2