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Ordinance No. 263• ORDINANCE NO. 263 AN ORDINANCE DEFINING AND REGULATING ITINERANT MERCHANTS, ITINERANT VE'NDOR'S, PEDDLERS, AND PERSONS SELLING OR TAKING ORDER'S FOR GOODS, WARES, MERCHANDISE, SERVICES, PHOTOGRAPHS, NEWSPAPERS, MAGAZINES, OR 'SUBSCRIPTIONS TO NEWSPAPERS OR MAGAZINES; PROVIDING FOR A LICENSE AND A LICENSE ,FEE; REQUIRING A BOND; EXEMPTING THOSE n- IGAGED IN INTERSTATFi C01�RCE FROM LICENSE FF"L' AND BOND, BUT REQUIRING SUCH PERSONS TO REGISTER WITH THE CITY CLERK; PROVIDING SUCH PERSONS TO REGISTER WITH THE CITY CLERK PROVIDING PENALTIES FOR THE VIELATION OF THIS ORDINANCE, INCLUDING A FINE NOT LESS THAN TEN DOLLARS ($10.00) NOR MORE THAN ONE HUNDRED DOLLARS ($100.00); REPEALING ORDINANCES INCONSISTF?NT HFREWITH; CONTAINING A SAVING'S CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE' CITY COUNCIL OF THE CITY OF BAYTOWN: SECTION 1: This entire ordinance is and shall be deemed an exercise of the police power of the State of Texas, and of the City of Baytown, for the public safety, comfort, convedience and protection of the city and citizens of said City,and all of the provisions hereof shall be construed for the accomplishment of that purpose. SECTION 2: THAT it shall herafter be unlawful for any person to go from house to house or from place to place in the City of Baytown, Texas, soliciting, selling or taking orders for or offering to sellor take orders for any goods, wares, merchandise, services, photographs, newspapers, magazines, or subscriptions to newspapers or magazines, without having first applied for and obtained a license so to do from the City Clerk of said City. It shall also hereaftdrrbe unlawful to sell or solicit in said City as aforesaid without carry such license while engaged in such soliciting or selling. • SECTION 3: THAT any person desiring to go from house to house or from place t o place in the City of Baytown, Texas, to sell or solicit orders for goods, wares, merchandise, services, photographs, newspapers, magazines, or sub- scriptions to newspapers or magazines, shall make written 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, firm, or corporation, if any, that he or she represents and the kind of goods offered for sale, and whether such applicant upon anyt such sale or order shall demand, accept or receive payment or deposit of money in advance of final delivery, and the period of time such applicant wisher to eell or solicit • in said City. L-1 r_.� SECTION 4: The application mentioned in Section 3 hereof shall be ac- companied by a bond in the penal sum of $1,000.00, signed by applicant and • signed, as surety, by some surety company authorized to do business in the State of Texas, conditioned for the final delivery of goods, wares, mer- chandise, services, photographs, magazines and newspapers in accordance with the terms of any order obtained prior to delivery and also conditioned to indemn- ify any and all purchasers or customers for any and all defects in material or workmanship that may exist in the article sold by the principal of said bond, at the time of delivery, and that may be discovered by such purchaser or customer within 30 days after delivery, and which bond shall be for the use and benefit of allpersons, firms or corporations that may make any purchasr 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, com- pany, partnership, corporation or association engaging in any activity men- tioned in paragraph two hereof through one or more agents or employees, such persons, firm 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, which bond shall be made to cover the activities of all its agents or employees. SECTION 5: THAT an itinerant merchant or an itinerant vendor as the terms are used in this ordinance shall be held to be any person, firm, company, partnership. corporation or association engaged in any activity mentioned in Section 2 hereof. • SECTION 6: THAT the license fee for an itinerant merchant or itinerant vendor shall be $30.00. Provided, however, when any person, firm, company, partner- ship, corporation or association engages in any activity mentioned in Section 2 hereof through one or more agents or employees sytch person, firm, company, partnership, corporation or association shall, in addition to said $30.00 fee above mentioned, pay a license flee of $10.00 for each agent or employee so engaged, all of which licenses shall be valid for one year from the date of their issuance. The fees herein provided for shall be used for the purpose of defraying expenses incident to the mssuing of said licenses. SECTION 7: The provisions of this ordinance shall not apply to sales made to • dealers by commercial travellers or sales agents in the usual course of business, nor to sales made under authority and by order of law, nor to vendors of farm or dairy products. -2- 0 i SECTIbN:8: The provisions of this ordinance shall not apply to persons engaged in interstate commerce as that term is herein defined; provided, • however, that it shall be unlawful for persons gngaged in interstate commercb to go from house to house or place to place in the City of Baytown without having first registered with the City Clerk of said City giving the following information: (a) Name, home address and local address, if any, or registrant; (b) Name, and address of the person, firm or corporation, if any, that he or she represents or for whom or through whom 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) Whether 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 City Clerk written proBf of his identity which may be in the form of an automobile operator's license, identification letter or card issued to registrant try the person, firm or corporation for whom or through whom orders are to be solicited or cleared. The term "Interstate Commerce's means soliciting, selling or taking orders for or offering to take orders for any goods, wares, merchandise, photographs, newspapers or magazines, or subscriptions to newspapers or magazines which, at the time the order is taken, are in anouther state or will be • produced in another state and shipped or introduced into this city in the fulfillment of such orders. SECTION 9: Any person, firm or corporation violating any provisions of this ordinance or failing to observe any provisions hereof shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not less than $10.00 and not more than $100.00 and each and every day or fraction of a day during which this ordinance, or any part thereof, shall be violated, shall be deemed a separate offense and punishable as such. SECTION 10: Repealing Clause. . All ordinances or parts of ordinances in- cp_?sistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency, • and in all other .respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. -3- i 0 `SECTION 11: SAVINGS Clause If any provision, exception, section, subsection, paragraph, sentence, clause or phrase of this ordinance of the application of same to any person or set of circumstances shall for any reason be held unconstitutional, void, or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or theri application to other persons or sets of circumstances and to this end, all provisions of this ordinance are declared to be severable. SW -TION 12: Effegtiy Dgtt. This ordinance shall take effect from and after ten (10) days from its passage by the City Council. The City Clerk is hereby directed to give notice hereof causing the caption of this ordinance to be published in the official newspaper of the City of Baytown at least twice within (10) days after the passage of this ordinance. • INTRODUCED, READ and PASSED by the affirmative vote of a majority of the City Council of the City of Baytown on this 10th day of February, A. D., • 1955. ATTEST: R. H. Pruett, Mayor Edna Okiver, City Clerk