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Home My WebLink AboutORD 10-Kt �4✓, il, h AN ORDINANCE ENTITLED AN ORDINANCE TO PROVIDE FOR LICENSING AND REGULATING PERSONS, FIRMS AND CORPORATIONS WHO ENGAGE IN SELLING FRUITS AND/OR VEGETABLES AT WHOLESALE WITHIN.THE CORPORATE LIMITS OF THE CITY OF BEAUMONT, TEXAS; PROVIDING FOR THE ISSUANCE OF LICENSES AND PRES- CRIBING A FEE THEREFOR, EXEMPTING FARMERS, GROWERS, AND OTHER ACTUAL OWNERS OF SUCH PRODUCTS, OR AN INTEREST THEREIN, (EXCEPT MORTGAGEES) FROM THE PAYMENT OF THE FEES HEREIN PRESCRIBED; PROVIDING FOR THE INSPECTION OF SUCH PLACES OR ESTABLISHMENTS; PROVIDING PENALTIES FOR THE VIOLATION THEREOF, AND REPEALING ALL ORDINANCES OR PARTS OF ORDI- NANCES IN.CONFLICT THEREWITH. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BEAUMONT, TEXAS.- Section EXAS: Section 1. That it shall be unlawful for any person, either for himself or as agent or representative of another firm or corporation, to maintain and operate any establishment for sale at wholesale of fruits and/or vegetables, or for the wholesale distribution thereof within the corporate limits of the City of Beaumont, Texas, without first obtaining a license therefor, and paying license fee required herein, except as herein provided. Section 2: Every person, firm or corporation, before opening, maintaining or operating such an establishment or establishments for the pur- poses stated in Section 1 hereof, shall make application for license for such business upon a blank to be furnished by the Director of Sanitation of this City, in which application the applicant shall give the following information: (a) Residence and business addresses of applicant, (b) Number of establishments to be maintained and operated. (c) Nature of business and location or locations thereof. (d) Method or methods of distribution to be used; that is, whether it be selling direct from a store -room, building', railroad car, boat, wagon, truck or other vehicles, or from a vacant lot or stand or otherwise, or whether by more than one of such methods, naming them' Section 3. That upon filing said application to sell fruits and -or vege" tables at wholesale'an.d paying the Director of Sanitation a license' fee of Fifty Dollars ($50e00), said Director of Sanitation shall issue a license to the applicant to operate said establishment or establishments for and during the current year for which such license is issued and which license shall not be transferred except by permission of the City Commission. The license fee herein pres- cribed shall be for the full current year, ending on December 31st thereof, and in case such license is issued for only a remaining portion of such year, the fee charged shall be proportionately re- duced; provided, however, the minimum fee to be paid hereunder shall be the sum of Twenty-five Dollars ($25.00). Section 4. That any person, firm or corporation now operating an estab- -lshment or establishments in -this City for the sale or distribution n #2. / www/// 1. ��._ � � � •-1�� / Cl at wholesale of fruits and/or vegetables is hereby granted ten (10) days from and after the final passage hereof within which to comply with the provisions of this ordinance. Section -5',- The . The word t1establishment".. as used in this ordinance, shall mean the place,.whether temporary or permanent, including any vehicle, railroad,car, boat, room, building, lot, stand or other place where or in,which any person, firm or corporation subject to the provisions of this ordinance shall sell, or offer for sale, or distribute at wholesale, fruits and/or vegetables. Section 6. The word "Wholesale".. as used in this ordinance, shall mean - the sale of such articles. -to one who is not the ultimate consumer, and who purchases the same for re=sale:. Section 7. The City Manager of the City of Beaumont shall provide for the inspection of such establishments, as herein defined, and it shall be the duty of such inspector or inspectors regularly to in- spect all of such establishments and to report the condition there- of to the Director of Sanitation of the'City of Beaumont. Section 8. The provisions of this ordinance shall not be applied to, or in any manner affect, farmers or growers of fruits and/or vegetables, who, individually, collectively; in person, or by agent or represen- tative, sell, or offer for sale, or distribute at wholesale, in the City of Beaumont, any of such products. This exemption to actual farmers and growers of such products applies also to any person, firm or corporation under whose control the same are grown, or who have an interest as landlords or any other actual interest in such products as such when grown; provided, however, the farmer or grower of such products, or the person owning an actual interest in such products when grown (excluding mortgagees) shall file with the Director of Sanitation of the City of Beaumont, his application showing his name, r approximate location of his farm or place where such products are or were grown, and his interest therein, whether owner, farmer, grower, landlord, etc., and thereupon the license or authority to sell or dis- tribute such products at wholesale in the City of Beaumont, shall be issued without payment of the license fee herein prescribed- and such license or permit shall authorize the sale or distribution at whole- sale of such products, by such farmer, grower, owner or other person owning an actual interest therein when grown (excluding mortgagees), individually, collectively or by agent or representative; provided further the person to whom such license or permit is issued, his .or their agent or representative, when offering or selling or distribut- ing such products at wholesale, shall have in his or their possessim such license or permit, or a copy thereof. The Director of Sanitation shall issue without charge, to the owner, farmer, grower or other such interested party in or of such products, additional copies of said license or permit: Section 9. Each person, firm or corporation required to pa:y :f ora license hereunder shall keep such license displayed in a conspicuous place in each establishment operated. And such person, firm or corporation shallprocure copies of such license for each establishment so operated and the Director of Sanitation is hereby directed to furnish the same without additional cost to the applicant. #3. Section 10: of Any person, firm or corporation who is required to obtain a license, as provided by this ordinance, who shall, as owner, agent or otherwise, operate an establishment or establishments, as defined in this ordinance, without having first obtained a license so to do, as in this ordinance provided, shall, upon conviction, be fined not less than $5,00 nor more than $50,00, and every day which such per- son, firm or corporation shall engage in such business without license shall constitute a separate offense. Section 11. Any such person, firm or corporation who is required to pay_.for license hereunder who shall fail to keep the same displayed in a conspicuous place in each establishment operated thereby shall be fined not less than $1000 nor more than $100000 Section 12. All ordinances or parts of ordinances in conflict herewith are hereby expressly repealed insofar as such conflict exists, Section 13: No license _shall be issued hereunder to any applicant there- for unless and until such applicant shall -have paid all taxes of any kind or character _due and owing -by such applicant to the City of Beaumont, and such applicant shall exhibit to the Director of Sani- tation proper tax receipt showing payment thereof or furnish other proper evidence showing the same. Section 14. In case any section of this ordinance shall hereafter be declared null, void and inoperative, such holding shall not affect the other portions or sections hereof, which shall remain in full force and effect. Section 15. This ordinance shall not be construed to repeal any of the health, sanitary or food ordinances of the City of Beaumont, but shall be -cumulative thereof. -Passed by the affirmative vote of all members of the City Commission, this the % Rthday of J�, , A. D. 1933. MAYOR