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.
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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.
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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.
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`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