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Home My WebLink AboutO-1954-470 . , / . \. . ~.-., "It ORDINANCE NO. 470 AN ORDINANCE i" FIN'ING AND REGULATING ITINERANT MERCHANTS, ITINERANT VENDORS. PEDDLERS.' AND . 'ERSONS SaLING OR TAKING ORDERS FOR GOODS, WARES, MERCHANDISE. SERVICES. PHO J GRAPHS. NEWSPAPERS, MAGAZINES, OR SUBSCRIPTIONS TO NEWSPAPERS OR IAGAZINESj' PR.' IDING FOR A LICENSE AND A LICENSE FEEj REQUIRING A BOND j EXEMPT- ING THOSE ENGAGED IN INTER.STATE COMMERCE FROM LICENSE. FEE AND BOND. BUT REQUIR- ING SUCH PERS(jNS TO REGISTER WITH THE CITY CLERKj AND PROVIDING THAT ANY PERSONt FIRM OR CORPORATION VIOLATING ANY PROVISION OF THIS ORDINANCE OR FAILING TO OB- SERVE ANY PRomSIONS IIEREqf SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHiL BE FINED IN ANY SUM NOT LESS THAN TEN DOLLARS ($10.00) NOR MORE THAN ONE lIDND.' ,D DOLLAR.S ($100.00> AND EACH AND EVERY DAY OR FRACTION OF A DAY DURING WHICH . IS ORDINANCE, OR ANY PART TIlEREOF. SHALL BE VIOLATED SHAL.L BE DEEMED A SEPA.' TE OFFENSE AND PUNISHABLE AS SUCH. I - BE IT ORDAINED BY TIlE CITY COMMISSION OF THE CITY OF LA PORT E. TEXAS: I . i Section L. Tbis'entira ordinance iSt and shall be "deemed) an exercise I ' of tbe policejpowers of the Stat~ of Texas} and of the City of La Porte, for the . ~ ... . public safety~ comfortl convenience and protection of the City and citizens of said City) an, all Of the' provisions bereof~sha.ll be construed for the accomp- :! lishment of that purpose., Sect.on 2. T,hat"it sh,all be unlawful hereafter for any person to go from hou,s..e ,to.thouse' or from place to place in the City of La Portel Texas, sol- ~ .. , . iciting. sell~n~: qt takin9 orders for) or offering to sell or take orders fors any goods I wa~ess ,merchandise, services} pbotographst newspaperss magazines! or i / . " 'subscriptions! to liewsp~pe,ls or magazines) without having first applied for and i obtained a li~ense so to ,do from tbe City Clerk of said City. It shall also hereafter be !unlawful to 'solicit in said City) as af~r~sa.id. without carrying sucb license iwhile enqag~d in such soliciting or selling. Sec~ion 3. That any person desiring to go from house to bouse or from place to plaqe in the Cit~ of La Portel Texas1 to sell or solicit orders for .-. ...--- ..., ; goods, wares~ merchandise~ services) photographs] newspapers, magazines1 or sub- l scriptions ti newspapers ., magazines) shall make written ~pplication to the Cit Clerk of sai4 City for a license sO to dOl which application shall show the name ! . and add!~ss ~f tbe appli~ant. the name a~~ address of the person. firm or corp- oration.if .nYl that he:or she represents and the kind of goods offered for sale, and whether such applicaBtJ:' upon jlny such sale or order1 shall demands ! . accept or reteive payment or deposit of money in advance of final deliverYI and the period ofti~:e su~happlicant wisijes, to sell or solicit in said City. S.ec: ion 4.. The application mentioned in Section 3 hereof shall be '". " /---....... . accpmpaQ~ed ,,1 a bond, in the penal sum of One Tbousand Dollars ($1)000.00) I signed. by ap licllnt and :signed1 as surety, by some Surety Company authorized to -.- do business tn the State of Texas] conditioned for th~ final delivery of goods I ! ;. 1 that it shall be unlawful for persons engaged ~n. in.terstate commerce to go from house to house or place to place in the City of La Port without tiiving first business, nor to sales made under authority and bi~rde. ~f law, Section 8, The provisions oi thiiOrdinance s~all not apply to persons engaged in interstate commerce, as that te~m is herein .efirted; provided, howevet, fee of Ten Dollars ($10,00) fOr each agent or ~mployee ~o enya.ged, all of which licenses shall be valid for one (1) year from the date ~f their issuance. The . , ! i fees herein provided for shall be used for the purpose ~f defraying expenses incident to the issuing of such licenses. r Section 7. The provisions of this 'Ordin~nce s~all not apply to sales , I made to deal ers by commercial travel ers or sal es agents 'jn the usual course of ! ' , I such person, firm, company, partnership, cor.poratioD or "assOciation shall, in addition to the said Thirty' Dolla.r ($30,00) fee above mentioned, pay a license , . I ' activity mentioned i~ Section 2 hereof, through one or .ore agents or employees, wares, merchandise, services, photographsl magazines and~newspapers, in accord- ance with the terms of any order obtained pr~or 'to deliv.:ry', and also conditione to indeanUy any and all. pnrehasers or cnsto...rs for. aoylaild all defects 1n th e material or workmanship that may exist in th~ artiCle, s~fdbY the principal on said bond, at the time of delivery, and that may be dis'c'~ered by such purchaser or customer within thirty (30) days af~er delivery~and thith bond shall be for the use and benefit of' all persons, firms or corpotation~ that may make any pur- chase or give any order to the principal on said bond, of 'to an agent or employe of the principal, provided that in case applicant is a p~rson, firm, company, , i partnership, corporation or association enga:ging iiJ, any .ctivity mentioned in . I Section 2 hereof, through one or more agents or employee~, such persons, firms, companies, partnerships, corp~rations or associ~tions Sb~ll be required to enter into only one bond, in the sum of One Thous~nd Dolla~s ($11000,00), as above re. quiredl whicb bond sball b:.e"m.a:de to cover the activities 'of all of its agents or employees, Section 5, Tgat an Hin,erant merch'ant or a;n i~inerant vendor, as the terms are used in this Ordinance, shall be h,eld. to be a,~y person, firm, coml~any, partnership, corporation or association engaged in any~ctivity m_entioned i:ll i Section 2 bereof, ">( Section 6. That the license fee fo~ an itinerJht merchant or an itiD~ erant Vendor shall be Thirty Dollars ($30,00,), provided,: how'ever. that when aDY person. firm, company, partnership, corporation, or, assO~iati'on engages in any -2~ .j" . . , e "'--'./ e '''---_/ -", ',-- .../ " e\ be violated, shall be deemed a separate offense and'puni~habl~ as such. Section 10. Each and every provision, paraqrap~, sentence a,nd clause of this Or_inance has been separately Considered an'd pas,ed by the City Commissitn of the City of La Porte, Texas, and each sai~ provision ~O~ld have been sepu~atety , , passed without any other provision, and if any provision hereof shall be in-. effective. invalid or unconstiiutional1 for any cause, i~ shall not impair Dor , , affect the remaining portion nor any otherp~rt thereof.: but, the valid porti.on shall be in force just as if it had been passed aU.ne. and all Ordinances and parts of Ordinances in conflict herewith are hereby exp~tssl~ repealed. i this Ordinance or failing to observe any provision hereof; shall be deemed guUty , ! of a misdemeanor and upon conviction shall be fined in aDlY sU,m not less than Ten I 1 Dollars ($10.00) nor mure than One Hundred D~llars ($IOO~!OO) 'and each and every , , day, or fraction of a day.during which this Ordina.ce, o~ any part thereof, shal I Section 9. An, person, tirm or corporation viol~ting any provision of ': I . such orders. through whom, orders are to be solicited or cleared.. The term "Interstate Commerce" means,soliciting. selling or taking orders for) or offering to take orders for. any goods, wa~es, merchandise, photo graphs! newspapers or magazines1 or subsc~iptions to news~apers or magazines which, at the time the order is taken, are in another State or' will be produc:ed in another State and shipped or introduced into this City in the fulfillment of rl~ be sold or for /: ji, (d) Whether registrant, upon any sale or order tall 'demands re- ceive or accept payment or deposit of moneyjln advance of final delivery. "i' (e) Peri.od of time which registrant,wishes" to s~iici:t or sell in said City. ! - I' The registrant, at the time of the regist~ati~n, as 'h:ereil pro:vided for, shall , 'I I, submit, for inspectionj to the City Clerk wr.i:tten p~.oof q~: his identity. which may be in the fOrm of an automobile operatorts 'licensey i~entification letter or card issued to registrant by the person, firm Or corpo ation for whom, or Name. and address of the person. firm or that he or she represents or for whom Of are to be solicited Or cleared. Nature of the artiel es or things which; are which orders are to be solicited. (c) cOIJoration, if any, th:rrug:h Jihom orders (a) (b) Name, home address and local address, if a,nYl of registrant. -3- registered with the City Clerk of said CitYI giving the fotlowing information: .' . '. "----- " . - ~- '...... e e ,- '....... \ ..."'.... ....... ~ Porte, Texas :[0 ,I Section 11. This Ordinance shall take ethct aar ,be in force from Clod after its passage an.d publication, as provide~ by law. J; Passed and approved tbis the 2nd : day Of-.JIY' - f A. D. 19S4. /- I -4- . f . , ,. ......- -- ~.. :e , "- '-- .' e' / -- e, / .-. -- /' tit' ,