Farmersville Municipal Code Art. IV General Requirements

A. Every peddler, solicitor or other person claiming to be entitled to exemption from the payment of any license provided for in this section on the ground that such license casts a burden upon his right to engage in commerce with foreign nations or among the several states, or conflicts with the regulations of the United States Congress respecting interstate commerce shall file a verified statement with the city clerk, disclosing the interstate or other character of his business entitling such exemption.

B. Such statement shall state the name and location of the company or firm for which the orders are to be solicited or secured, the name of the nearest local or state manager, if any, and his address, the kind of goods, wares or merchandise to be delivered, the place from which the same are to be shipped or forwarded, the method of solicitation or taking orders, the location of any warehouse, factory or plant within the state, the method of delivery, the name and location of the residence of the applicants, and any other facts necessary to establish such claim of exemption.

C. A copy of the order blank, contract form or other papers used by such person in taking orders shall be attached to the affidavit for the information of the city clerk.

D. If it appears that the applicant is entitled to such exemption, the city clerk shall forthwith issue a free license.

(Ord. 340 § 1(part), 1989)

All persons doing business within the city shall at all times maintain and keep such books of record as will enable them to easily and readily furnish such information to the city clerk as said city clerk will require in order to enforce and collect the license fee to be paid and provided for in this chapter. Said records shall be maintained for at least three years.

(Ord. 340 § 1(part), 1989)

All licenses provided for in this chapter to be paid shall be paid at the office of the city clerk.

(Ord. 340 § 1(part), 1989)

A. It shall be the duty of the city clerk, and he is directed to enforce each and all of the provisions of this chapter, and the chief of police shall render such assistance in the enforcement of this chapter and the collection of license taxes under this chapter as may from time to time be required by the city clerk and/or the city council.

B. The city clerk, in the exercise of the duties imposed upon him under this chapter, and acting through his deputies or duly authorized assistants, shall examine or cause to be examined all places of business in the city to ascertain whether the provisions of this chapter have been complied with.

C. The city clerk and each and all of his assistants and any police officer shall have the power and authority to enter, free of charge, and at any reasonable time, any place of business required to be licensed in this chapter, and demand an exhibition of its license certificate. Any person having such license certificate theretofore issued, in his possession or under his control, who wilfully fails to exhibit the same on demand, shall be subject to the penalties provided for in this title. It shall be the duty of the city clerk and each of his assistants to cause a complaint to be filed against any and all persons found to be violating any of the provisions.

(Ord. 340 § 1(part), 1989)

The amount of any license tax and penalty imposed by the provisions of this chapter shall be deemed a debt to the city and any person carrying on any business without first having procured a license from said city to do so shall be liable to an action in the name of said city in any court of competent jurisdiction, for the amount of license tax and penalties imposed on such business.

(Ord. 340 § 1(part), 1989)

The conviction and imprisonment of any person for engaging in any business without first obtaining a license to conduct such business shall not relieve such person from paying the license tax to conduct such business, nor shall the payment of any license tax prevent a criminal prosecution for the violation of any of the provisions of this chapter. All remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter.

(Ord. 340 § 1(part), 1989)

All fees provided for under this chapter may be modified, adjusted or revoked by the adoption of a resolution

(Ord. 340 § 1(part), 1989)

A. Any person, firm or corporation, whether its principal, agency, employee or otherwise violating or causing the violation of any of the provisions of this title, or knowingly or intentionally misrepresenting to any officer or employee of this city, any material fact in securing a license or permit provided for in this chapter shall be deemed guilty of a misdemeanor or an infraction, as determined by the city manager or city attorney subject to the approval of the court, and upon conviction thereof shall be punishable as set out in Chapter 1.12 of this code.

B. Such person, firm or corporation shall be deemed to be guilty of a separate offense for each and every day during any portion of which any violation of this title is and shall be punishable as provided in Chapter 1.12 of this code.

C. The remedies provided for in this chapter shall be cumulative and not exclusive.

(Ord. 340 § 1(part), 1989)