Ordinance No. 466^DIi!E.i ?C2 i:C. 466
1,N :RDIiYTIC: D2FINIriG rixD i;BGULiJIFG ITINERAl'T i.:s'3CI;l.il1'S
ITIH21?PJ,T2 VENDCRS , a 37DDLERS , /.[P =M NS S2LLIEG CP Tr:KING
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ORDERS FOP GOODS, C-ANDIS3, S2RVIG- , FHCTCGRA pHs
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'N"_7SPt:IERS CR PCVIDIi,G FCP E: LICNS2 I -ND !_ LIC-
ENSE FELE; RBrUIRIP,'G i. B;;i\D; ; iFTIN'G TCSE ENGG -D IN IdfER-
STATE CC.::� C ; 2.
i F'l LICEP!S+i FEE iiND COND, BUr P,E ^UIPING SUCH
P'SRSCPS TO REGISTER "'ITH THE BAYTGI' 1 POLICE DEPART' 1Cf1IT AND
THE CITY CL2RK; PRi VIDI[,J P^NALTIES FOR THE VIOLAYRN OF THIS
ORDIW.NCE; Ii'�.'CLUDIi\ :G FINE CF NOT LESS THAN T N (r.i0, 00) DOL-
Lf.RS NOR i::CRE THAN TI'C L-'UNDR2D (;200.00) DOLLI:P,S; ;.EFEALING
CRDINAHCES II,,!CCNSIST.NF HLERE'7ITIH; COi lijNING A Sf.VI[• :GS CLAUSE
AND FROVIDIEG FCR TH °UBLICATICN QD TFECTIVE DrTE HERECr.
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BE IT CRDEAIHED BY THE CITY C" UNCIL CF THE CITY CF BAYT ^i7i\l;
520M ^H I: This entire ordinance is and shall be deemed an exercise of
the police poorer of the State of Texas, and of the City of Baytown, for the
Public safety, comfort, convenience and protection of the City and citizens
of said City, and all of the provisions hereof shall be construed for the ac-
cor,!plishment of that purpose.
SECTION II: That it shall hereafter be unlawful for any person to go
from house to house or from place to place in the City of Baytown, Texas, soli-
citing, 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, "Vithout having first registered
with the Baytown Police Department and having applied for and obtained a li-
cense so to do from the City Clerk of said City, it shall also hereafter be
unlai,tful to sell or solicit in said City as aforesaid without carrying such
license while engaged in such soliciting or selling.
SECTION III That any person desiring to go from house to house or from
place to place in the Cite of Baytown, Texas, to sell or solicit orders for
goods, wares, merchandise, services, photographs, newspapers, magazines, or
subscriptions to netrspapers or magazines, shall first register !with the Bay-
town Police Department and then make vrritten application to the City Clerk of
said City for a license so to do, which application shall show the name and
address of applicant, the name and address of the person, firra or corporation,
if any, that lie or she represent;; and the kind of goods offered for sale, and
whether such applicant upon any c.!ch sale or order shall demand, accept or re-
ceive payment or deposit of money in advance of final delivery, and the period
of time such applicant wishes to sell or solici''L in said City,
S,7CT_ICN IVIV: The application mentioned in Section III hereof, shall be
accompanied by a bond in the penal sun, of �1 000,00, signed by applicant and
signed, as surety, by socie surety co:.Tany authorized to do business in
the State of Texas, conditioned for the final delivery of goods, cares, r:;er-
chandise, services, photographs, magazines and newspapers in accordance iAth
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the terms of any order obtained prior to delivery and also conditions to in-
demnify any and all purchasers or custowers for any and all defects in nater-
ial or workr.:anship that may exist in the article sold by the principal of said
bond, at the tir ?e of delivery, and that may be discovered by such purchaser
or customer within thirty (30) clays 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 on said bond, or to an agent
or employee of the principal. Provided that in case applicant is a person,
firm, company, partnership, corporation or association engaging in any acti-
vity mentioned in paragraph two hereof througli one or nore agents or employees,
such persons, firri, company, partnership, corporation or association shall be
required to enter into only one bond, in the sum of .1,000,00 as above re-
quired, ohich bond shall be made to cover the activities of all its agents or
employees.
SECTION V; That an itinerant merchant or an itinerant vendor as the terms
are used in this ordinance sliall be held to be any person, firm, company, part-
nership, corporation or association enraged in any activity mentioned in See-
tion II hereof,
SICTI'M'VI: That the license fee for an itinerant merchant or itinerant
vendor small Le Thirty (;)'30,00) Dollars. Provided, hortever, when any person,
• firm. cor,pany, partnership, corporation or.association enrages in any activity
mentioned in Section II hereof through one or more agents or employees such
person, firm, company, partnership, corporation or association shall, in addi-
tion to said Thirty. (;130,00) Dollars fee above mentioned, pay a license fee of
Ten ( 10.00) Dollars for each agent or eniployee so engaged, all of -•jhich li-
censes shall be valid for one year fron the date of their issuance. she fees
herein provided for shall be used for the purpose of defraying expenses inci-
dent to the issuing of said lac�.i,ces.
Si TIOi! `JII, Tire prbvis.. ,.is of this ordinance sliall ::ot apply to sales
rude to dealers Ly commercial :travelers o sales age! sin `:le usual course c°
business, nor to sales reacle uncer authority and by order of la,, nor to vendors
of farm or dairy producti.if such farm or dairy products ate raised and /or produced
by such vendors.
�3CTICN VIII, 'The provisions of •i:ais ordinance shall not apply to person••
engaged in interstate commerce as thet tern is herein defined; provided, hor;ever
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that it shall be unlawful for persons engaged in interstate commerce to go
from house to house or place to place in the City of %aytoe!n without first
having registered with the Baytown Police Department and having given the
folloraing inforniation to the 'ity :,leek:
(a) Nar:e, home address and local address, if any, of registrant;
0-) A'ame, and address of the person, firri or corporation, if any,
that he or she represents or for uhori or through r!hoi,ti 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) "?nether registrant, upon any 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 6aytown Police Department and the City Clerk rarit-
ten proof of his identity which niay be in tho form of an automobile operator's
license, identification letter or card issued to registrant by the person, firm
or corporation for whom or through unorn orders are to Le 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 magazzines, or s:;';0-criptions to newspaper.- or magazines :!hick, at
the time 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 suc ?1 or-
ders.
S3CTIODI I;:: i.ny person, firm or corporation violating any provisions of
this ordinance or failing to observe any provisions hereof shall be daemed
guilty of a misder:eanor and upon conviction shall be fined in any sum not legs
than Ten ('x10.00) Dollax's and r.ot more t;jcn Twu Hund 2d (;200.00) Dollars, and
each and every day or frlotion of a day daring whic" this ordinance, or any
part thereof, shall be violate:.' =.41all ;.,e deemed a separate offense a..irl puni::b•-
able as such.
SECTION K, RE"E' LDES Clf. "2_% l.11 ordi nances or parts of ordinances in
consistent r•!iti. the `:erns c_ : 1; ordln�.nce ::e here-,y rep,'aled; provided, how-
ever, that suc': ren tal shall b; :'lp :i:e e:i:ten'. ')'' Snell inconsistency, an(.
in all other respects this ordhi,tnce sN-1 be cumulr..ive c.' other ordinances
regulating and governing the su --;ect mat "Aer covered Ly thic ordinance.
�PCTICN ;:i: '::AV CGS CLF:U�', If a.-,y provlsicn, exce -);.ion, section, Sub.-
section, paragraph, sentence, clause or phrase of :iris ordinance or the :1pF, ""_
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cation of same to any person or set of circwastances, shall for any reason be
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held unconstitutional, void, or invalid,
such
invalidity
shall
not affect the
validity of the remaining provisions of
this
ordinance or
their
application to
other persons or sets of circur.•►stances and to this end, all provisions of this
ordinance are declared to be severable.
S-1CTIGH :TI: EFFECTIVE, DATE. This ordinance shall take effect from and
after ten (10) days from its passage by the City ;Council. The City Cleric is
hereby directed to give notice hereof by causing the caption of this ordinance
to be published in the official newspaper cf the City of Saytonm at least t:aice
[•►ithin ten (10) days after the passage of this ordinance.
1H RCDUCED, RZEE0 and PASSED by the affirmative vote of a majority of the
City Council of the City of Saytown on this 13th day of February, 1958.
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Edna liver, iity Cler
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R. HH. Prue t , iayor