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HomeMy WebLinkAboutORD 43-LSr 3,z� z� I AN ORDINANCE PROVIDING 100- -THE REQUIREMENT AND ISSUANCE OF LICENSE PERMITS TO ITINERANT VENDORS IN THE CITY OF BEAUMONT; DEFINING ITINERANT VENDOR; REGULATING THE SALE OF GOODS, WARES AND idIERCHANDISE BY ITINERANT VENDORS IN THE CITY OF BEATMONT FOR THE BENEFIT OF THE PUBLIC; PROVIDING PENALTIES FOR THE VIOLA- TION THEREOF; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES INCONSISTENT THERE7ITH. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BEAUPIONT,TEXAS: - Section 1 - The terra "Itinerant Vendor" means and includes and shall be construed t:o. mean and include all persons, firms and corporations, as well as their agents and employees, who engage in the temporary or transient business in the City of Beaumont, Texas, of selling, or offering for sale, any goods, wares or merchandise, or exhibiting,the same for sale or exhibiting the same for the purpose of taking orders for the sale thereof; and who for the purpose of carrying on such business or conduct- ing such exhibits thereof either hire, rent, lease or occupy any room or space in any building, structure, other enclosure, vacant lot or any other property whatever; in said City of Beaumont, in, through, or from which any goods, wares or merchandise, may be sold, offered_ for sale, exhibited for sale or exhibited for the purpose of taking orders for the sale thereof. The word "temporary" as used above means and shall be construed to mean any such business transacted or conducted in the City of Beaumont for which definite arrangements have not been made for the hire, rental or' lease of premises for at least _90 days~ in or upon which such business is to be operated or conducted. The word 'transient" as used above means, and shall be construed to mean, any such business of any such Itinerant Vendor as may be operated or conducted by persons, firms or corporations, or by their agents or employees who reside away from the City of Beaumont, or who have fixed places of business in places other than the City of Beaumont, or who have their headquarters in places other than the City of Beaumont, or who move stocks of goods, wares or merchandise or samples thereof into Beaumont with the purpose or intention of removing them or the unsold portion thereof away from said City of Beaumont before the expiration of Provided, however, that the term 'Itinerant Vendor,'t as defined herein, shall not include or be construed to include any one engaged in interstate commerce nor any one upon whom the provisions of this ordinance would impose a direct and unlawful burden on interstate commerce. - Section 2 - Itinerant vendor must have license. Provisions; It shall hereafter be unlawful for any Itinerant Vendor to sell, offer for sale, exhibit for sale, or exhibit for the purpose of taking orders for the sale thereof, any goods or merchandise in the City of Beaumont, without-- first obtaining a license permit as herein provided for. The assessor and collector of taxes for the City of Beaumont shall issue to any Itinerant Vendor a license permit authorizing -such Itinerant Vendor to sell, exhibit for sale, offer for sale, or exhibit for the purpose of taking orders for the sale thereof, in the City of Beaumont, his -goods, wares or merchandise only after such Itinerant Vendor shall have fully complied with all provisions of this ordinance and made payment of the sum of Fifty ((50.00) Dollars for said permit license, and which stun shall be com- pensation to the City of Beaumont for the services herein re- quired of it and to enable the City of Beaumont to partially defray the expenses of enforcing the provisions of this ordinance; provided® (a) The Itinerant Vendor shall make application to theassessor and collector of taxes at least ten days prior to the date of his contemplated sale or exhibit to be held in the City of Beaumont, which application shall be in the form of an affidavit stating the full name and address -of the Itinerant Vendor, the location of his or its principal office _'6( , (. L Y--;).5 I C13,? and place of business, -the names and addresses of its officers if it be a corporation, and the partnership name and the names and addresses of all partners if such Itinerant Vendor.be a firm; (b) Before said license permit shall issue, the application therefor must be accompanied by; (1) A statement showing the kind and character of the goods, wares or merchandise to be sold, offered for sale, or exhibited. (2) A certified copy of the charter if the Itinerant Vendor be a corporation incorporated under the laws of .the State of Texas. (3) A certified copy of its permit to do business in Texas if the Itinerant Vendor be a corporation incorporated under the laws of some state other than Texas. (4) A bond in the sum of not less than 512,000.00 and it shall be executed by the Itinerant Vendor as principal with two or more good and sufficient sureties satisfactory to the Assessor and Collector of taxes, which bond shall be pay- able to the Mayor of the City of Beaumont and his successors in office for the use and benefit of any person or persons entitled thereto and conditioned that -the principal and surety will pay all damages -to person .or persons caused by or arising from or growing out of, the wrongful, fraudulent, or illegal conduct of the Itinerant Vendor while conducting the sale or exhibit in the City of Beaumont. The bond shall remain in full force and effect for the entire duration of the license permit as provided herein and two years thereafter. - Section 3 - The -.license permit provided for herein shall not be transferable nor give authority to more than one person to conduct a business as an "Itinerant Vendor," but any person having obtained such license may have the assistance of one or more persons in conducting said business. - Section 4 - The license as provided herein shall continue so long as such sale or exhibit is continuously held in the City of Beaumont, but in no event shall it continue for more than ninety days from the date of its issuance. Such license permit shall be prominently displayed in a conspicuous place on the premises where such sale or exhibit is being conducted and shall remain so displayed so long as any goods, wares or merchandise are being so sold or exhibited. - Section 5 - This ordinance -is not, and shall not be held to be, applicable to the (a) Ordinary commerfial traveler who sells or ex- hibits for sale goods, wares'or merchandise to parties en- gaged in the business of buying and selling and dealing in goods, wares or merchandise; (b) Vendors of farm produce, poultry, stock, or agricultural products in their natural state; (c) Sales of goods, wares or merchandise donated by the owners thereof, the proceeds whereof to be applied to any charitable or philanthropic purpose. - Section 6 - The duly constituted authorities of the City of Beau- mont, including the Police Department, Assessor and Collector of Taxes and others having the duty of enforcing the Ordinances of the City of Beaumont, shall enforce the provisions hereof and allow no "Itinerant Vendor" as here "defined to conduct his business without full compliance herewith. -Section 7 - Any person violating any of the provisions of this ordinance shall upon conviction be fined not less than Fifty (5L50.00) Dollars, nor more than Two Hundred (,d 200.00) Dollars, and each sale, offer for sale, exhibition for purpose of sale, or exhibition for the purpose of taking orders for the sale thereof shall be a separate offense. - Section 8 - In the event any section, sub -section, sentence,clause or phrase of this ordinance shall be declared or adjudged in- valid or unconstitutional,such adjudication shall in no manner affect any other sections, sub -sections, sentences, clauses, or phrases of this ordinance, but all the rest, hereof shall be in full force and effect just as though the section, sub- section, sentence, clause or phrase so declared or adjudged in- valid or unconstitutional was not originally a part thereof. - Section 9 - All ordinances or parts of ordinances inconsistent or in conflict with the provisions of this ordinance shall be and the same are hereby repealed. - Section 10 - There being now no sufficient or adequate regula- tions governing the sale, offer for sale, exhibition for sale and/or exhibition for the purpose of taking orders for the sale of goods, wares or merchandise by Itinerant Vendors in the City of Beaumont; and it appearing that the conduct and operation of such business enables unscrupulous persons to defraud and deceive our citizens under circumstances where our citizens are left without adequate legal remedy; and it further appearing that other evils and abuses exist in connection with such business, said business of such Itinerant Vendors is hereby declared to be one affected with a public interest, and the public policy of regulating said business is hereby declared and established. PASSED by an affirmative vote of all members of the City Commission, this the /5-7A day of' AoD.1938. '/0'0- a,,, U - MAYOR - APPR VEDA 0 OEM: ty At Vorne7 - 4 AN ORDINANCE ENTITLED AN ORDINANCE PROVIDING FOR THE REQUIRE- MENT AND ISSUANCE OF LICENSE PERMITS.TO ITINERANT VENDORS IN THE CITY OF BEAUMONT; DEFINING AN.ITINERANT VENDOR AND CERTAIN WORDS IN =O NECTION WITH SAID DEFINITION; REGULAT- ING THE SALE OF GOODS, WARES AND MERCHANDISE BY ITINERANT VENDORS IN THE CITY OF BEAUMONT FOR THE BENEFIT OF THE PUB- LIC; EXEMPTING CERTAIN PERSONS, FIRMS; ASSOCIATIONS AND CORPORATIONS FROM THE OPERATION THEREOF; PROVIDING PENAL- TIES FOR THE VIOLATION THEREOF; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES.INCONSISTENT HEREWITH; AND.DECLAR- ING AN EMERGENCY. BE IT ORDAINED BY THE CITY C0RBTISSIO14 OF THE CITY OF BEAUMONT, TEXAS: Section 1 Definitions; (a) -The term "itinerant vendor" as used herein means and includes and shall be construed -to mean and in -- elude all persons, firms, associations or corporations as well as their agents and employees, who engage in the tem- porary or transient business in the City of Beaumont,Texas, of selling or offering for sale any goods, wares or mer- chandise or exhibiting the --same for sale or exhibiting the same for the purpose of taking orders for the sale thereof, (b) The word "temporary" as used in the forego- ing paragraph (a) means and shall be construed to mean any such business transacted or conducted in the City of Beau• mont for which definite arrangements have not been made for the hire, rental or lease of premises for at least ninety (90) days in or upon which such business is to be operated or conducted; or from which said business is to be operated or conducted. (c) The word "transient" as used in foregoing paragraph (a) means and shall be construed to mean any such business of an itinerant vendor as defined herein as may be operated or conducted -by persons, firms or corporations or by their agents or -employees who reside away from the City of Beaumont or who have fixed places of business in places other than the City of Beaumont or who move stocks of goods, Nares or merchandise- or- samples thereof into the City of Beaumont with the purpose or intention of removing them or the unsold portion thereof away from said city before the expiration of ninety (90) days. (d) Provided, however, that the term "itinerant vendor" as defined herein shall not include or be construed to include anyone engaged in interstate commerce nor anyone upon whom the provisions of this ordinance would impose a direct and unlawful burden on interstate -commerce, Section 2 License: It shall hereafter be unlawful for any itinerant vendor to sell, offer for sale, exhibit for sale, or exhibit foI; the purpose of taking orders for the sale th`reof., any goods or merchandise in the City of Beaumont without first obtaining a license permit as herein.provided for. The As- sessor and Collector of Taxes for the City of Beaumont shall issue to any itinerant vendor a license permit -authorizing such itinerant vendor to sell, exhibit for sale, offer for sale, or exhibit for the purpose of taking orders for the sale thereof, in the City of Beaumont, his goods, wares or merchandise only after such itinerant vendor shall have fully complied with all provisions of this ordinance and made pay- ment of the sum of Fifty ($50.00) Dollars for said permit license, and which sum shall be compensation to the City of Beaumont for the services herein required of it and to en- able the City of Beaumont to partially defray the expenses of enforcing the provisions of this ordinance; provided: (a) The itinerant vendor shall make application to the Assessor.and Collector of Taxes at least three (3) days prior to the date of his contemplated sale or exhibit to be held in the City of Beaumont, which application shall be in the form of an affidavit stating the full name and ad- dress of the itinerant vendor, the location of his or its principal office and place of business, the names and ad- dresses of its officers if it be a corporation., and the partnership name and the names and addresses of all partners if such itinerant vendor be a firm. (b) Before said license permit shall issue, the application therefor must be accompanied by; (1) Astatement showing the kind and character of the goods, wares or merchandise to be sold, offered for sale, or exhibited, (2) A certified copy of the charter if the itin- erant vendor . be a corporation incorporated under the laws of the State of Texas. (3) A certified copy of its permit to do business in Texas if the itinerant vendor be a corporation incorpora- ted under the laws of some state other than Texas. (4) A bond in the sum of not less than Two Thousand ($2,000) Dollars and it shall be executed by the itinerant vendor as principal with two or more good and sufficient sur- eties satisfactory to the Assessor and Collector of Taxes$ which bond sha11 be payable to the.Mayor of the City.of Beau - and his successors in office for the use and benefit of any person or persons entitled thereto and conditioned that the principal and surety will pay all damages to person or persons caused by or arising from or growing out of the wrong- ful, fraudulent, or illegal conduct of the itinerant vendor while conducting the sale or exhibit in the City of Beaumont. The bond shall remain in full force and effect for the en- tire duration of the license permit as provided herein and two (2) years thereafter. Section 3 The license permit provided for herein shall not be transferable nor give authority to more than one (1) per- son., firm or corporation to conduct a business as an_t9itin- erant vendor", but any such person, firm or corporation hav- ing obtained such license may have the assistance of one or more persons in conducting said business. Section 4 The license provided for herein shall be issued for a term. of one (1) year from and after the date thereof and shall be prominently displayed in a conspicuous place -taw ;; on the premises where such sale or exhibit is being con- ducted and shall remain so displayed so long as any goods, wares.or merchandise are being so sold or exhibited. In the event the holder of any permit as provided herein has.no temporary place of business but conducts said business on or from any horse drawn and/or motor vehicle' then and.in that event said license permit shall be promi- nently displayed in a conspicuous place on said vehicle where such sale or exhibit is being conducted, and shall remain so displayed so long as any goods, wares or merchan- dise are being sold or exhibited. Section 5 This ordinance shall not be construed to include any of the.followings (a) Ordinary exhibit for sale goods, engaged in the business wares or merchandise in commercial travelers who sell or wares or merchandise to parties of buying and dealing in goods, the City of Beaumont . (b) Vendors of farm produce, poultry, stock or agricultural.products in their natural state and who ac- tually produce said products on their own premises, whether within or without the city limits of the City of Beaumont. (c) . Sale of goods, wares or merchandise donated by the owners thereof, the proceeds whereof to be applied to charity or philanthropic purposes. Section 6 The duly constituted authorities of the City of Beaumont, including the Police Department, Assessor and Col- lector of Taxes and others having the duty of enforcing the ordinances.of the City of Beaumont, shall enforce the pro- visions hereof and allow no "itinerant vendor" as here de- fined to conduct his business without full compliance.. here- with. Section 7' .Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction be fined not less than Fifty (50,00) Dollars nor more than Two Hundred ($200.00) Dollars,_and each sale, offer for sale, exhibit for the purpose of sale, or exhibition for the purpose of taking orders for the sale thereof, shall be a separte offense. Section 8 in the event any section, subsection, sentence, clause or phrase of this ordinance shall be declared or ad- judged invalid or unconstitutional, such adjudication shall in no manner affect any other sections, subsections, sen- tences, clauses or phrases of this ordinance, but all the rest hereof shall be in full force and effect just as though the section, subsection, sentence, clause or phrase so de- clared or adjudged invalid or unconstitutional was not originally a part thereof. -3- Section 9 All ordinances or parts of ordinances inconsist- ent or in conflict with the provisions of this ordinance shall be, and the same are hereby repealed. Section 10 The fact that there is now no sufficient or ade— quate regulations governing the sale, offer for sale, exhi- bition for sale and/or exhibition for the purpose of taking orders for the sale of goods, wares or merchandise by itin— erant vendors in the City of Beaumont, and the fact that the conduct and operation of such business enables unseruplous persons to defraud and deceive the citizens of said City under circumstances where no adequate legal remedy exists, creates an imperative public emergency requiring that the rule providing that ordinances be read on three several days before the final passage thereof be, and the same hereby is suspended, and this ordinance shall take effect from and after the passage hereof. PASSED by an affirmative vote of all members of the City Cormnission of the City of Beaumont this the -wgtk. day of = s A.D. 1939. — MAYOR