641 TOWN OF TAGS
ORDINANCE
YEAR: . 1q7 ']
NUMBER:
6�II
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BRANDENBURG & JOHNSON
ATTORNEYS AT LAW
JAMES M. BRANDENBURO P,O. BOX 617 R.HOWARD BRANDENBURG
CLIFFORD J.JOHNSON OF COUNSEL
TAGS, NEW MEXICO 87571
TELEPHONE: 758.4281
September 13, 1978
Mrs. Josephine Gonzales,
Town Clerk,
Town of Taos,
Taos, New Mexico, 87571
.. Re: ISKCON Letter Undated
Dear Josephine:
The letter you sent me from ISKCON, on August 23, 1978, has been re-
viewed in view of our regulations regarding peddlers, solicitors.,' and
canvassers. Ordinance No. 641 defines canvassers, solicitors or pedd-
lers, as persons who are taking or attempting to take orders for sale
of goads, wares, and merchandise, personal property or any nature what-
soever for future delivery, or services to be furnished or performed
in the future. I do not believe that our Ordinance covers solicitation
for donations for religious purposes and I also do not believe that such
solicitations need obtain an occupational license within the Town of Taos.
'Such activity would be perfectly permissible so long as the flow of the
vehicular traffic on our public streds is not hindered nor pedestrains
hindered on public walkways, sidewalks, etc.
I would caution against solicitation on private property, solely on the
basis that each individual, property owner has the right to determine
whether or not he will allow such solicitation to take place on his pro-
perty.
In order to avoid your having to answer Mr. Tap's letter,' I am sending a
copy of this letter to him.
Sincerely,
dIa--m "tjNp
M. Brandenburg.
JMB:a�q
cc: Eugene Taps, Jr.,
Joe Lucero,
Chief of Police.
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ORDINANCE NO. 1 _
AN ORDINANCE PROVIDING FOR THE REGULATYON OF PEDDLERS,
SOLICITORS AND CANVASSERS AIM PROVIDING I E2TALTIES FOR
711E VIOLATION T}IEREOF.
BE IT ORDAINI-0 DY THE GOVERPTIN('� DODY OF T117 TOWN OF TAOS, NEtr MEXICO:
SECTION 1. 1-or the purposes of' this Ordinance the follwi nor words and
phrases shall. have the meanings respectively ascribed to them by this section:
Canvasser or solicitor is an individual whether resident of the city or
f not traveling e ith?r by foot, wagon, automobile, motor trucks, or any other
type of conveyance, from place to place, from house to house, or from street
to street, taking or attempting to take orders for sale of goods, wares, and
merchandise, personal property of any nature whatsoever for future delivery,
or for servi(.es to be furnished or performed 1.n the future, whether or riot
such individual has, cnrri.es or exposes t'or sale a sample of the subject of
such sale or whether he is collecting advance payments on such sales or not;
provided, that such definition shrill include any person who ,'or him--elf' or
for another person hires, leases, uses or occupies any building-, structure,
tent, railroad box car, boat, hotel room, lodging house, apartment., shop or
any other place within the city for the sole purpose of exhibiting samples
and taking order for ,future delivery.
Peddler shall include any person, whether a resident of the city or not,
traveling by foot, wagon, automotive vehicle, or any other type of conveyance,
from place to place, from house to house, or from street; to street carrying,
conveying or transporting goods, wares, merchandise, meats, fish, vegetables,
fruits, garden truck, farm products or provisions, offering and exposing the
same for sale, or making sales and delivering articles to purchasers or who,
without traveling from place to place shall sell or offer the same for sale
from a wagon, automotive vehicle, railroad car, or other vehicle or convey-
ance; provided, that orr,� who solicits orders and as a separate transaction
makes deliveries to purchasers as a part of a scheme or design to evade the
provisions of this Ordinance shall be deemed a peddler subject to the pro-
visions of this Ordinance. The word peddler shall :include the words hawker ,
huckster, transient merchant and itinerant vendor.
SECTION 2. 'Me practice oC going in and upon private residence; in the
city by solicitors, peddlers, hawkers, itinerant merchants and transient
vendors of merchandise not having been requested or invited to do so by the
owner or occupant of such residence, for the purpose of soliciting orders
for the sale of goods , wares or merchandise, or for the purpose of dispos-
ing of, peddling or hawking the same, is hereby prohibited and is declared
to be a nuisance and a violation of this Code; provided, however, that if
any invitation or request -Is obta-i ned by the use of any misrepresentation:.,
or the promise of a gift or prize, or by the use of any games or device,
or by the use of any other means other than for the purpose of the sale
of the actual product or products offered by the vendor; then the Invi.ta-
tion shall be deemed null and void, and the vendor shall be in violation
of this section; provided further, that the provisions of this section
shall not apply to farmers, selling any food items raised or produced by
themselves or to wood-cutters selling wood they have cut.
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SECTION 3. It shall be unlawful for any person to engage in the business
of peddler, solicitor, or canvasser as defined in this Ordinance within the
city limits without first obtaining an occupation license (see Ordinance No.
643).
SECTION 4. It shall be illegal for any peddler, solicitor, canvasser,
hawker, itinerant merchant or transient vendor of merchandise to peddle,
sell solicit orders, offer for sale, advertise or display any article on
city owned property, streets, highways or other public thoroughfare. Vendors
selling on the streets of Taos during the annual Taos Fiestas and with the
approval of the Fiesta Board are exempt from this Section. Also exempt from
this section are all persons who have, as of the date of this Ordiance, an
occupation license and have in the past been street vendors in the Town of
Taos. This exemption shall apply for so long as the individuals meeting
these requirements continue to vend in the same location that they have in
the past.
SECTION 5. It shall be illegal for any peddler, solicitor, canvasser,
hawker, itinerant merchant, or transient vendor of merchandise to peddle,
sell, solicit orders, offer for sale, advertise or display any article on
private property in such a manner as to hinder the flow of vehicular traffic
on public streets or hinder the flow of pedestrian traffic on publi walk-
ways, sidewalks, streets or other public thoroughfare.
SECTION 6. Any person violation any of the provisions of this ordinance
shall be guilty of a petty misdemeanor and upon conviction subject to a fine
not exceeing Three Hundred Dollars ($300.00) or to a sentence not exceeing
Ninety (90) days in jail, or both,
PASSED, APPROVED AND ADOPTED this 11th day of February, 1977.
TOWN OF TAOS
MAYOR
ATTEST:
TOWN CLERK