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TC Ord. No. 1980-096 0 TOWN OF AVON ORDINANCE NO. 9 SERIES OF 1980 AN ORDINANCE LICENSING SOLICITORS AND PEDDLERS AND ESTABLISHING FEES THEREFOR; AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON AS FOLLOWS: Section 1. License. It is unlawful for any solicitor or peddler, as defined in Section 2, to engage in such business within the corporate limits of the Town without first obtaining a permit and license therefor from the Town Clerk. Section 2. Definitions. A. "Solicitor" means any person whether a resident of the Town or not, traveling either by foot or vehicle or any other type of conveyance from place to place, or from house to house, or from street to street taking or attempting to take orders for the sale of goods, wares, merchandise, or personal property of any nature whatsoever, for future delivery or for services to be performed or furnished in the future, whether or not such person has, carries, or exposes for sale a sample of the subject of such sale or whether he is collecting advance payments on such sales or not. B. "Peddler" means any person, whether a resident of the Town or not, who sells and delivers or offers for sale to consumers any goods, wares, or merchandise, traveling from place to place, or from house to house, or from street to street, who sells or offers for sale and delivery any goods or other such articles while traveling on foot or by vehicle or any other type of conveyance. -1- 6 r Section 3. Exemptions. The fee hereinafter imposed shall not apply to solicitors expressly requested or invited upon residential or business premises; nor shall it apply to solicitations by non-profit or charitable organizations. Section 4. License--Fees.- A. The license and permit fee, which shall be charged in advance by the Town Clerk for any such license and permits, shall be as follows: Term of License 1 day 2 days consecutively 3 days consecutively 7 days consecutively 30 days consecutively License Fee $10.00 $15.00 $20.00 $25.00 $50.00 B. An annual license and permit may be obtained by paying to the Town the sum of two hundred dollars per year in advance. The term of an annual license shall be from July 1st of the year for which application therefor is made to June 30th of the following calendar year. C. None of the license fees provided for in this chapter shall be so applied as to occasion an undue burden upon inter- state commerce. In any case where a license fee is believed by the licensee or applicant for a license or permit to place and undue burden upon such commerce, he may apply to the Town Council for an adjustment of the fees so they will not be discriminatory, unreasonable, or unfair as to such commerce. Such application may be made before, at, or within six months after payment of the prescribed license fee. The applicant shall, by affidavit and supporting testimony, show his method of business and the gross volume of business and such other Council may deem necessary in order to determine the extent, if any, of such undue burden on such commerce. The Council shall then conduct an investigation, comparing the applicant's business with other business of like -2- 0 0 nature and shall make findings of fact from which they shall determine whether the fee fixed by this chapter is unfair,, unreasonable, or discriminatory as to applicant's business; and shall fix as the license fee for the applicant an amount that is fair, reasonable, and not discriminatory; or, if the fee has already been paid, a refund shall be ordered of the amount over and above the fee so fixed. Section 5. License--Exhibition. Solicitors and peddlers are required to exhibit their licenses and permits at the request of any citizen of the town. Section 6. Revocation. A. Permits and licenses issued pursuant to this Ordinance may be revoked by the Town Council after notice and hearing, for any of the following causes: 1. Fraud, misrepresentation, or false statement contained in the application of the license; 2. Fraud, misrepresentation, or false statements made in the course of carrying on his business as solicitor or as peddler; 3. Any violation of the Ordinances of the Town involving moral turpitude; 4. Conviction of any crime or misdemeanor involving moral turpitude; 5. Conducting the business of soliciting or peddling in an unlawful manner or in such manner as to constitute a breach of the peace, or to constitute a menace to the health, safety, or general welfare of the public. B. Notice of the hearing for revocation of a license shall be given in writing setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his local address as set forth on the application, at least five days prior to the date set for the hearing. -3- Section 7. Penalties. Any person violating any of the provisions of this Ordinance shall be deemed guilty of a violation of this Ordinance, and any such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation is committed, continued or permitted, and upon conviction of any such violation, such person, firm or corporation shall be punished by a fine of not more than $300.00 or by imprisonment for not more than 90 days, or by both such fine and imprisonment. Section 8. Saving Clause. If any part, section, subsection, sentence, clause or phrase of this Ordinance are for any reason held to be invalid, such decisions shall not affect the validity of the remaining sections of this Ordinance; the Town Council hereby declares that it would have passed this Ordinance in each part, section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared to be invalid. Section 9. Effective Date. This Ordinance shall become effective July 1, 1980. -4- 0 • INTRODUCED, PASSED ON FIRST READING, APPROVED, AND ORDERED PUB- LISHED ONCE IN FULL, this /4 Q -Z1-4 day of 1980 and a public hearing on this Ordinance shal be held at the reg- ular meeting of the Town Cot-ncil of the Town of Avon, Colorado, on the day of 1980, at 7:30 P.M. in the Municipal Offices of the own. An e o . Alpi, yor ATTEST: Patricia J. Do e, Town Clerk INTRODUCED, PASSED ON SECOND READING, APPROVED, AND ORDERED PUB- LISHED ONCE IN FULL, this O day , 1980. This Ordinance will become effective on , 1980. TO to V. Alpi, M yor ATTEST: Patricia J. Do e, Tow Clerk 11 -5- 0 0 STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, AT 7:30 P.M. ON THE 24th DAY OF JUNE, 1980 AT THE TOWN HALL FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO.#80-9, SERIES OF 1980: AN ORDINANCE LICENSING SOLICITORS AND PEDDLERS AND ESTABLISHING FEES THEREFOR; AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. A copy of said Ordinance is attached hereto and is also on file at the office of the Town Clerk and may be inspected during regular business hours. Following this hearing, the Council may consider final passage of this Ordinance. This notice given and published by order of the Town Council of the Town of Avon, Colorado. Dated this 11th day of June, 1980. TOWN OF AVON, COLO er POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON JUNE 12, 1980: THE NORTHEAST SIDE OF THE BENCHMARK SHOPPING CENTER, AVON POST OFFICE, THE MAIN ENTRANCE OF EAGLE VALLEY BOWL, THE PESTER GAS STATION, AND THE TOWN OFFICE, SECOND FLOOR, BENCHMARK SHOPPING CENTER.