HomeMy WebLinkAboutORD 73-11KEWJr/gh/8/24/7
ORDINANCE NO. 73-1-1
ENTITLED AN ORDINANCE AMENDING SECTION 27-5
OF THE CODE OF ORDINANCES OF THE CITY OF
BEAUMONT BY REPEALING THE PRESENT SECTION
27-5 AND ENACTING A NEW SECTION 27-5 IN LIEU
THEREOF; DEFINING THE TERMS "ITINERANT VEN-
DOR", 99TEMPORARY11, AND "TRANSIENT"; PROVID-
ING FOR SEVERABILITY; PROVIDING FOR REPEAL;
AND PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS:
Section 1.
That Section 27-5 of the Code of Ordinances of the
City of Beaumont is hereby amended by repealing the present
Section 27-5 of the Code of Ordinances and enacting a new
Section 27-5 in lieu thereof, which said new Section 27-5
shall read as follows
"Sec. 27-5. Definitions.
"(a) Itinerant vendor. The term "itinerant
vendor", as used herein, means and in-
cludes all persons, who engage.in the
temporary or transient business in the
city, of selling or offering for sale
any goods, wares'or merchandise or
exhibiting the'same for sale or exhibit-
ing the same for the purpose of taking
orders for the sale.thereof, or solicit-
ing subscriptions to any books, magazines,
or periodicals; provided, however,. the
term /°itinerant vendor", as defined here-
in, shall not include any one upon whom
the provisions of this article would im-
pose a direct and unlawful burden on
interstate commerce.
"(b) I Temporary. The word "temporary", as used
in subsection (a), means any such business
transacted or conducted in the city for
which definite arrangements have not been
made for the hire, rental or lease of
premises for at least ninety days in or
upon which such business is to be operated
or conducted, or from which such business
is to be operated or conducted.
6-73-11 -�/, -73 /tel
"(c) Transient. The word "transient91, as used
in subsection (a), means any such business
of an itinerant vendor, as defined herein,
as may be operated or conducted by persons,
who reside away from the city or who have
fixed places of business in places other
than the city or who move stocks of goods,
wares or merchandise or samples thereof
into the city the the purpose or intention
of removing them or the unsold portion
thereof away from the city before the
expiration of ninety days."
Section 2.
That if any section, subsection, sentence, clause or
phrase of this ordinance or the application of same to a par-
ticular set of persons or circumstances should for any reason
be held to be invalid, such invalidity shall in no wise affect
the remaining portions of this ordinance, and to such end the
various portions and provisions of this.ordinance are declared
to be severable.
Section 3.
That all ordinances and parts of ordinances in conflict
herewith are hereby repealed.
Section 4.
Any person who violates any provision of this ordinance
shall, upon conviction, be punished as provided in Section 1-8
of the Code of Ordinances of Beaumont, Texas.
PASSED by the City Council this the 6th day of
Fehruary , 19 73,
/ - Mayor -
P u[