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HomeMy WebLinkAbout450 Ord ~otion by ~lderrnan, second'odd'by Alderman following ordinance ~e passed 'and adopted. The motion was carried and it was so o~dered, end.the .or~nance follows. / -:0 R D I N A N C E N O, ~50.:- AN ORDIN~IICE PROViDiNG POE THE LICENSING IT$1~RANT VENDOE~ IN ~T~ CITY ~ PLAII~IEW, T~AS, PIXING A P~ ~RE~OR,?P~UAATINGUT~ B~SINE~S~'~O~2S$ID~O~, ~%~Q~I~ A BOND, D~iNiNG T~I~, PIXING PENALTIES FOR ~E~ VIO- LATION~OF THIS ORDINanCE, ~PEALING ~L ORDI- N~CE~ ~D P~RTS OF O~IN~CES IN EONPLICT H~WiTH, ~ROVIDi~ A ~ING CLAU~, ~ DE- GL~RIN~ ~ EEERGENCT, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY O~ P!JiINVIEW: $~ection !, (a) The term "Itenerant Vendor", as used. in this oE~din~Uce, means and ~qludes ands'shall be construed to-mean and include any per- son, firm or corporation as well a~ his, their, or its agents and em- ployees who in the City of Plainview engage in the ~ansient or 'tempo- rary business of selling, e~ibiting, or offering for s~le any goods', wares, serchandise, or ether personal property, or exhibiting the for the purpose of taking orders for the sale thereof; and who, for ~1~ ~ the purpose of carrying on such transient or temporary business either hired, rents, leases or e~cupies any room or space in ~ building, structure, or other enclosure, or any space in, upom, through, or from , may be~ which any goods, wares, merchandise or other personal property ~ sold, offered or exhibited for sale, or exhib~i~ed for ~the purpose of taking orderB for the s~le thereof. (b) The words "Temporary Business" as used in this. ordi- nance means and shall be construed to mean any as. de- scribed in the ~rece~ing paragraph, transacted the City of ~lainview, in, upon~, through, or from, or from any private premises or space upon any which no definite arrangements have been made for a period of at least six months next succeeding the ~at~ when the business laii'b~gun, (c) "Transient Business'' as used in this ordinance mea~s and Shall~ be~"construed as meaning ~ such business, as described in Paragraph (a) above, of any itinerant vendo~ as m~y be operated or conducted by any person, firm or corporation, o~ his, their, or its agents or employees, who resides or is dom~ the City of Plainview or has a fixed place of bus ers outside of the City of P!ainview, ;s wares, merchandise or other personal the Ozty o~Pla~nv~ew w~th the purpose r n o: ~a~e -c~ or t~e unsold portion thereof f~om ths City of .Plainview before ~he expiration of six~months; (d) "Goods, wares, merchandise, and as used in this ordinance, means, and p~operty or thing of val~e kept and offered or merchants doing business inthe City of P!ainview. Section ~. It shall be unlawful hereafter fo or for any person as agent, employee, dot to sell, offer to sell, or offer or e~d~ibit king orders for sale thereof, any gOo~s, ware.' personal property, in the City of Plainview, rained an unexpired, license permit as herein of the City of Plainview shall issue to any therefor, who has cor~jI~lied with ~all a license permit muth~rizing such sell, exhibit for .e, taking sale in the ~ity ch~udise or other personal property of the mit, Provided however, before the issuance o~ therefor ~ha!!: ~ dinance, Vendor, to- the purpose OdS, wa~es, lde~ of such per- · {:~) ~ke :a written 5ppt~icalion for such pe~it, verified by af-fidavit as to the truthfulness of its contents to the Tax Coll- ect,or of~ the City of Plainview at least five days prior to the be- girming date of~ the sale contem_p!ate~ or the exhibit to be held, such application to state the full nlame, address and location of the principal office and 'place of business of the applicant, and, if a partnership, the application shall show the ~s~ s~ddresses and places'of business of the several partners; and, if a corporation, the names of its officers and their ~ddresses; and the application shat[1 state the character of goods, wares~ merchandise, or other per- sonal property to-be. 2_9~&~ offered for sale, exhibited, or exhibited for the purpose of taki~ orders fo~z~ s&Ie in the City of Plainview; and,, in cases where the business is not to be conducted by the appli- cant in person, the name and legal relationship of the person who will be in charge o£ 'the business sh~ll be stated in the application. - ~b) If the applicant shall be a 2orporat~on it Shall file with the Tax ,Collector a copy of its charter, and if not incorporated under the 1,awe of Texas it shall file a copy o£ its per:mit to do busi- nes~ in Temps. (c') Each applice~nt shall file with the Tax ,Collector m solvent bond in the sum of $2,000, with two or more good an~ suffi- cient suret~ies, payabie to the ~Iayor.of the City of Plainview and his successors in office, for the benefit of any person or persons legs~lly entitled to recover thereon, and conditioned that the parties to' said bond, as printiple and sureties, ~hall pay all damages to any person or persons arising from or growing out of the fr~.dulent or il- legal or wrongful act of such itiner~mt Vendor in the conduct of such business in the City of P[ainview. ~uch bond shall provide that any person ~or whose benefit the ~Bond is given may sue thereon in his own right without joining the ~layor, the Council thereof or the City of Plainview; stud successive recoveries may he .~ad upom said bond to the '-~l extent therein-name:~ and above provided, and such bond shall rem_sin in ful~l force and effect during the time and term for which the license permit is issued. (d) For each o'f such license permits issued by the Tax Col- lector Of the ~ity.of Plainview there shall be paid to such Tax Col- lector the. su~.~ of~ ~lQ0~,00?~as part s;ompensati0n for the issuance of a permit and enforcing the provisions of this ordinance, the proceeds receive-~ from the ~2~ance of all license perm~its ~o be ~redited to the Generald ~d of the City. Section~3. NO license per.it issued under this ordinance shall be as- sign,aSieor transferable, and any Itinerant Vendor selling, transfer- ing or aSSigning ~ay goods, wares, merchandise or other personal prop- erty' to ~uy other person or persons for ~he purpose of re-sale in the City' of Plainview Shallbe subject to the penalties herein provided, -unless the person or persons purchasing such goods, wares, merbhandis~, er other persona& propez~y be a bonafide merchant doing b~siness in~ unless the person or persons so purchasing a license permit as herein provided. ~ection 4. Each Itinerant Vendor, as herein defined, ha~ing a license permit ashere~required shall keep the same prominently displayed at his pl&ce of ~ineSs. ~ection appli¢ · The provisions of th~s ordinance shall not be held to be e to ~he following.' " cial travelers who sell or exhibit for ~.~l~e.r pe'rs~na!- proPer~y;"~ persons. -eng~e'~"i~?the ;business'of 'buying, (b)~ Vendors off fa:~ produc~s, poultry, milk products, stock, or mltural products in their natural state. Agricultural products means, be construed to mean, only s~ch producer, s as are cultivated and harvested annually. {c)' 8ales of goodS, wares, m~liandi~'~ and other personal property donat~d by the ov~ners thereof, the proceeds of which to be used and applied for charitable purposes, or for religious or philan- thropic purposeis. 6, Ar~v persc e~mhibit .or corpora,tion who shall sell, Offer for purpose of sale or for the purpose of t~king 176 orders for ths sale of any goods, wares, merchandise or other per- sonal property, from or b~ any truck, wagon, trailer, v~u, o~ other means of trans~0rtation, in the City of Plainview, not Section (b) of Paragraph 5 hereof, while such truck, wagonS'or othe= means of transportation is capable of being ~ove~ on its own wheels, shall be construed and held to be an Itinerant Vendor under ~this ordinances p=ovided, however, that persons, firms, or tions 'engaged in the wholesale business of selling, offering £or s~le, or e~hibiti~ng for ~the purpose of sale or taking orders for the s~e of goods, wares and merchandise to ~ret~il or wholesale merchants', shall hot ~e subject to the Denalties ~f this ordins~uce. Section ~. Any person who shall violate any provision of this ordi- nance sh~ll be deemed guilty of ~ mls~ez~eanor and upo~ conviction Shall be fined in a sum no~ less than Fifty,Dollar~ ~$~0.00) more than $100.00 for each sale or· each d~y s exhibit~for the pur- pOSe of sale or each ~day of exhibition for the purpose of taking or, ders for sale in vioiation~o~ the provisions hereof, and each such sale or each day's exhibit or offering for sale or taking erder~ for ~ sha~l constitute a separate offense. ~ec~ion 8, p~ ~h, sub~pa~r~aph, section or part of invalid ~r unconstitutional as to any person or class of pe~son~ this ordinance, ne~erthet~s~ shall be held and deemed in £~tl force an& effect and valid in all other respects as to ~ll ~ersons or classes or,persons f~lling within the provisienm hereof a~ to whom the same can be ~vi~idly applied, Section 9. In the enactment hereof, the City Oo~cil o~ the City of does find aud declare that ther~ does-~not~now~'~xist ade.- quate regulations ~nd ordin~uces of sa'ch City governing i~he sale, offering and exhibiting for sale, ~ud exhibiting for the purpose to deceive and defraud i~abitants of the city of Plainview under circumstances that leave such inhabitants without adequate remedy; and it further appearing thzt other evils au~ abuses exist in con~ neetion with said b~siness,~ ~ ~id b~siness of ~Itinerant Ven- dors is hereby declared to be one ef~emcted by p~blic interest, the public policy of regulating such business is hereby ~e~l~red~a~d established; and f~rther that it is ~ecessary to protect the~inb~bi- ings of the Council be susDen~e&, and this ordinance, bythe unani- mous consen~ of the Council, is hereb~ placed upon its first and sec- ond reading, and sh~ll take e~fect ~ud be in force and effect from and after its passage and publication as required by_the Charter the City'of' Pl~inview. PASSED AND APPROVED thi~ the E0th day of ~'~ay, 19~0. ATTEST. J. Z. Gallaway ~igned John F. DuBo se There being no further business, meeting adjourned;