HomeMy WebLinkAbout105 09-23-1958ORDINANCE NO. 105
AN ORDINANCE DEFINING AND REGULATING ITINERANT MERCHANTS,
ITINERANT VENDORS, PEDDLERS, AND PERSONS SELLING OR TAKING
ORDERS FOR GOODS, WARES, MERCHANDISE, SERVICES, PHOTOGRAPHS
NEWSPAPERS, OR MAGAZINES; PROVIDING FOR A LICENSE AND A
LICENSE FEE; REQUIRING A BOND; EXEMPTING THOSE ENGAGED IN
INTERSTATE COMMERCE FROM LICENSE FEE AND BOND, BUT REQUIRING
SUCH PERSONS TO REGISTER WITH THE CITY SECRETARY; FURTHER
PROVIDING THAT IT SHALL BE UNLAWFUL FOR ANY PERSON OR
PERSONS TO GO IN OR UPON THE PREMISES OF A PRIVATE RESIDENCE
WITHOUT REQUEST OR INVITATION OF OWNER OR OCCUPANTS OF SUCH
RESIDENCE; PROVIDING THAT ANY PERSON, FIRM OR CORPORATION
VIOLATION OF THE PROVISIONS OF THIS ORDINANCE, SHALL BE
DEEMED GUILTY OF A MISDEMEANOR, AN UPON CONVICTION THERE-
OF, SHALL BE FINED IN A SUM NOT LESS THAN TEN D0LLARS ($10.00)
NOR MORE THAN TW0 HUNDRED DOLLARS;($100.00); EACH DAY SUCH
VIOLATION CONTINUES SHALL CONSTITUTE A SEPARATE AND DIS-
TINCT OFFENSE; FURTHER PROVIDING THAT IN CASES OF WILLFUL
VIOLATION HEREOF, THE VIOLATION OF TH E TERMS OF THIS
ORDINANCE AS A MISDEMEANOR SHALL NOT PRECLUDE THE CITY OF
EULESS, TEXAS, FROM INVOKING THE CIVIL REMEDIES GIVEN IT
BY CUMULATIVE AND SUBJECT TO PROSECUTION AS HEREINABOVE
PRESCRIBED FOR SUCH VIOLATIONS; FURTHER PROVIDING FOR
REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING
A SAVINGS CLAUSE; FURTHER PROVIDING THAT THIS ORDINANCE
SHALL. BE IN FULL FORCE AND EFFECT FROM AND AFTER THE
DATE OF ITS ADOPTION AND PUBLICATION AS BY LAW PROVIDED.
BE IT ORDAINED BY TIE CITY COUNCIL OF THE CITY OF EULESS,
TEXAS:
I.
THIS entire ordinance is and shall be deemed an exercise of the police
power of the State of Texas, and of the City of Euless, for the public safety,
comfort, welfare, convenience and protection of the City and Citizens fo said
City, and all of the provisions hereof shall be construed for the accomplish-
ment of that purpose.
II.9
THAT it shall hereafter be unlawful for any person to go from house
to house or from place to place in the City of Euless, Texas, soliciting,
selling or taking orders for or offering to sell or take orders for any
goods, wares, merchandise, services, photographs, newspapers, magazines
or subscriptions to newspapers or magazines, without having first applied
for and obtaining a license so to do from the City Secretary of said City.
It shall also hereafter be unlawful to sell or solicit in said City as
aforesaid without carrying xuch license while engaged in such soliciting
or selling.
III.
THAT any person desiring to go from house to house or from place to
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place in the City of Euless, Texas, to sell or solicit orders for goods,
wares, merchandise, services, photographs, newspapers, magazines, or
subscriptions to newspapers or magazines, shall make written application
to the City Secretary of said City for a license to do so, which application
shall show the name and address of applicant, the name and address of the
person, firm or corporation, if any, that he or she represents and the
kind of goods offered for sale, and whether such applicant upon any such
sale or order shall demand, accept or receive payment or deposit of money
in advance of final delivery, and the period of time such applicant wishes
to sell or solicit in said City.
IV.
THE applicant mentioned in Section III hereof shall be accompanied
by a bond in the sum of One Thousand Dollars (x11000.00) signed by app-
licant, and signed as surety, by some surety company authorized to do
business in the State of Texas, conditioned for the final delivery of
goods, wares, merchandise, services, photographs, magazines, and newspapers
in accordance with the terms of any order obtained prior to delivery and
also conditioned to indemnify any and all purchasers or customers for
any and all defects in material or workmanship that may exist in the
article sold by the principal of said bond, at the time of delivery, and
that may be discovered by such purchaser or customer within 30 days after
delivery, and which bond shall be for the use and benefit of all persons,
firms or corporations that may make any purchase or give any order to the
principal of said bond, or to an agent or emplayee of the principal.
PROVIDED that in case applicant is a person, firm, company, partner-
ship, corporation or association engaging in any activity mentioned in
Paragraph 2 hereof, through one or more agents or employees, such persons,
firm, company, partnership, corporation or association shall be required
to enter into only one bond, in the sum, of One Thousand Dollars ("v OO*00)
as above required, which bond shall be made to cover the activities of
all its agents or employees.
V.
THAT an itinerant merchant or an itinerant vendor as the terms are
used in this ordinance shall be held to be any person, firm, company,
partnership, corporation or association engaged in any activity mentioned
in Section 2 hereof.
VI.
THAT the license fee for an itinerant merchant or itinerant vendor shall
be thirty -five dollars (0$.00). Provided, however, ;;h-.n any persons,
firm, company, partnership) corporation or association engages in any
activity mentioned in Section 2 hereof through one or more agents or
employees, such person, firm company, partnership, corporation, or association
shall, in addition to said thirty -five dollars (;x35.00) fee above mentioned,
pay a license fee of Ten Dollars (x10.00) for each agent or employee so
engaged, all of which licenses shall be valid for one year from the date of
their issuance. The fees herein provided for shall be used for the purpoce
of defraying expenses incident to the issuing of said licenses.
VII.
THE provisions of this ordinance shall not apply to sales made to
dealers by commercial travellers of sales agents in the usual course of
business, nor to sales made under authority and by order of law, nor to
sales made under authority and by orderof law.
Vill,
UZ provisions of this ordinance shall not apply to persons engaged in
interstate commerce as that term is herein defined; provided, howeler
that it shall be unlawful for persons engaged in interstate commerce to
go from house to house, or place to place, in the %ity of Euless, without
having first registered with the City Secretary of said City, giving the
following information:
(a) Name, home address and local address, if any, of registrant.
(b) Name, and address of the person, firm or corporation, if any,
that he or she represents, or for whom or through whom orders are to be
solicited or cleared.
(c) Nature of the articles or things which are to be sold or for which
orders are to be solicited.
(d) Whether registrant, upon sale or order shall demand or receive
or accept payment or deposit of money in advance of final delivery.
(e) Period of time which registrant wishes to solicit or sell in
said City.
THE registrant at the time of the registration, as herein provided
for, shall submit for inspection of the City Secretary] written proof
of his identity which may be in the form of an automovile operator's
license, identification letter or card issued to registrant by the person,
firm or corporation for whom or through whom orders are tobe solicited or
cleared.
THE term "Interstate Commerce" means soliciting, selling or taking
orders for or offering to take orders for any goods, wares, merchandise,
photographs, newspapers or magazines, or subscriptions to newspapers or
magazines which, at the time of the order is taken are in another state
or will be produced in another state and shipped or introduced into this
City in the fulfillment of such orders.
to
EXCEPT AS otherwise provided herein, it shall be the duty of the
City Secretary, before issuing licenses to peddlers of merchandise of
edible quality, to require the applicant for said license, to first secure
from the Health Officer of the City of Euless, a health certificate
prescribing that the said applicant has been duly examined by the Health
Officer and further that said applicant is free of all contagious and
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commenicable diseases and that the issuance of a peddlers) license will
not in any wise endangsr the public health, general welfare and safety
of the City of Euless and its inhabitants; providing that the said Health
Officer may make a reasonable charge for the conducting of said physical
axaminati.nn and issuing the said medical certificate.
X.
EACH AND every person who shall comply vrith the preceding sections
of this ordinance, and shall sell, or offer for sale, any of the articles as
herein specified, shall at all times keep the same in a clean and sanitary
condition, and shall also keep their wagons, vehicles, or other conveyance,
in a clean and sanitary condition, and they shall not sell, or offer for
sale, any unsound or unwholesome articles, nor shall they give, or make,
any false weights or measures of any of the various articles as specified,
and covered by this ordinance.
XI.
THAT after the passage of this ordinance it shall be unlawful for
any persons selling or soliciting orders for goods, wares) merchandise,
services, photographs, newspapers, magazines, or subscriptions to news-
papers or magazines, except as herein provided, to go in or upon the
premises of a private residence in the City of Euless, Texas, unless
requested or invited so to do by the owner or occupants of said residence
for the purpose of selling or disposing of or peddling the same.
XII.
(1) Any person, firm or corporation violatin; any of the provisions
of this ordinance, shall be deemed guilty of a misdemeanor, and upon
conviction thereof, shal l be fined in a sum not less than ten Dollars
($10.00) nor more than Two Hundred Dollars ($$200.00); each day such
violation continues shall constitute a separate and distinct offense.
(2) But in case of any willful violation of any of the terms and
provisions of this ordinance, the City of Euless, Texas, in addition
to imposing the penalties above provided, may institute any appropriate
action or proceedings in any court having proper jurisdiction, to restrain,
correct or abate such violations; and the definition of any violation of
the terms of this ordinance as a misdemeanor, shall not preclude the City
of Euless from invoking the civil remedies given it by the lams of the
State of Texas, but same shall be cumulative and subject to prosecution
as hereinabove prescribed for such violations.
(3) Each and every dayls engaging in the business or peddling,
as defined under this ordinance, without the payment of the fee due thereon,
and procuring a receipt, or license, therefor, and each and every dayls
failure to complay with any of the other provisions of this ordinance,
shall constitute a separate offense, and the person so found guilty of
such violation, or failing to comply with the provisions hereof, shall
upon conviction be punished therefor as hereinabove provided; Provided,
that the Court trr -ing said cause shall, ha>;c the rig'-'t aid power upon
conviction of any person for violation of any of the provisions of this
ordinance, to decree, and to make the same a part of the judgment in such
cause, a fordeiture of such license as such person may have procured
hereunder; however, in the event of such forfeiture of license, no part
of such license fee as may have been so paid shall be refunded to such
person, and no further license shall be issued to such person,
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foi, :' ^e reT airir j °;rj_oCl off' li -en,-,e IT •ir Under t�-is
or(j'n race.
XIII.
FA" and every o ^ovision, pa -2T apb, sentence and
c1 ^use o t?-is rc in ^.nce ' -as been sec- te!T, csnside ea °nd
passed - -v the City Counr.il and e -.ch of sail nrov12_ons
would have beer. se,.- -.el -- n',,, ot!,er, Uro-
vision, -nd T.f an -- _rovision hereof should ,e inef "ective,
invalid, or unconstitutional for an'T dune, it sr.ail not
nor affect the remaining portion, nor any other
part thereof, but the valid portion shall re enforced ,just
s if it had been passed alone.
xiv.
ALL ordinances, or p --^ts, of ird:in ices, in conflict
herewith, are hereby exp -essly - ^epeeled.
XV.
m'TIS ordinance shall lecome effective and be in full
force and effect from and after the date of its - doution
and cublication as by 1.�w -o ^ovided.
,DOPYED this 23rd da -T of Seutemter, 1s�58.
tiri=- ,OVED:
Ernest Y11lican, Jr,, Maw
ATTEST;
N.E. FT1n_ City Secretary