Ordinance No. 6,981Published In: THE BAYTOWN SUN
Tuesday, April 19, 1994 940414 --13
Wednesday, April 20, 1994
ORDINANCE NO. 6981
AN ORDINANCE AMENDING CHAPTER 22 "PEDDLERS AND
SOLICITORS," ARTICLE I "ITINERANT MERCHANTS," SECTION 22-
4 "APPLICATION FOR LICENSE," SECTION 22 -5 "FEE," SECTION
22 -7 "LICENSE TO BE CARRIED ON PERSON," AND SECTION 22 -8
"DURATION OF LICENSES," OF THE CODE OF ORDINANCES, CITY
OF BAYTOWN, TEXAS; REPEALING SECTION 22 -13 "VIOLATIONS OF
CHAPTER" AND ADDING SECTION 22 -13 "STANDING IN ROADWAY
PROHIBITED" AND SECTION 22 -14 "VIOLATIONS OF CHAPTER" TO
THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS; PROVIDING
A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
Section 1: That Chapter 22 "Peddlers and Solicitors," Article
I "Itinerant Merchants," Section 22 -4 "Application for license" of
the Code of Ordinances, City of Baytown, Texas, is hereby amended
by adding subsections (6) and (7) to read as follows:
Sec. 22 -4. Application for license.
(6) The applicant's tax identification number.
(7) A statement indicating whether or not the applicant will
be utilizing a temporary structure, including but not
limited to sheds, canopies, tents, etc., in soliciting,
selling or offering for sale any goods or merchandise, a
brief description of such structure, and its proposed
location.
Section 2: That Chapter 22 "Peddlers and Solicitors," Article
I "Itinerant Merchants," Section 22 -5 "Fee" of the Code of
Ordinances, City of Baytown, Texas, is hereby amended to read as
follows:
Sec. 22 -5. Fee; bond.
(a) The fee for a license required by this article or the fee
for the replacement of the same shall be fifteen dollars
($15.00). The fee provided for herein shall be used for the
purpose of defraying expenses incident to the issuing of said
licenses.
(b) Simultaneously, with the filing of the application, the
applicant shall file with the city a bond executed by the
applicant and by a good and sufficient corporate surety
company, incorporated under the laws of the State of Texas, or
otherwise authorized to do business in the State of Texas and
having a fully paid -up capital stock of at least one hundred
thousand dollars ($100,000.00), which said bond shall be in
the penal sum of one thousand dollars ($1,000.00) and
conditioned for the final delivery of goods, wares,
merchandise, services, photographs or magazines in accordance
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with the terms of any order obtained prior to delivery and
also conditioned to indemnify 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 obligor
of such bond, at the time of delivery, and /or that may be
discovered by such purchaser or customer within thirty (30)
days after delivery. Such bond, while payable to the city
shall also inure to the benefit of any person damaged or
injured in any manner by the said principal obligor by reason
of purchasing or giving any order to the principal obligor
thereon, or to an agent or employee of the principal obligor.
The bond shall remain in full force and effect for the entire
duration of the license permit as provided herein or until the
expiration of thirty (30) days after the final delivery of any
goods, wares, merchandise, services, photographs, or magazines
sold under such permit, whichever occurs last.
(c) In case the applicant is engaging in any activity
mentioned in this chapter, through one or more agents or
employees, such applicant shall be required to enter into only
one bond in the sum of one thousand dollars ($1,000.00) as
above required, which bond shall be made to cover the
activities of all his agents or employees.
Section 3: That Chapter 22 "Peddlers and Solicitors," Article
I "Itinerant Merchants," Section 22 -7 "License to be carried on
person" of the Code of Ordinances, City of Baytown, Texas, is
hereby amended to read as follows:
Sec. 22 -7. License to be prominently displayed.
It shall be unlawful for any itinerant merchant or vendor
to engage in any activity for which a license is required by
this chapter, unless he prominently displays the same in a
conspicuous place on the premises where the sale or exhibit is
being conducted and shall remain so displayed as long as any
goods or merchandise are being sold or exhibited.
Section 4: That Chapter 22 "Peddlers and Solicitors," Article
I "Itinerant Merchants," Section 22 -8 "Duration of licenses" of the
Code of Ordinances, City of Baytown, Texas, is hereby amended to
read as follows:
Sec. 22 -8. Duration of licenses.
All licenses issued under this chapter shall be valid
from the date shown thereon for a period of ninety (90) days,
unless sooner revoked as provided in this chapter.
40 Section 5: That Chapter 22 "Peddlers and Solicitors," Article
I "Itinerant Merchants," Section 22 -13 "Violations of Chapter" of
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the Code of Ordinances is hereby repealed and Section 22 -13
"Standing in roadway prohibited" of the Code of Ordinances, City of
Baytown, Texas, is hereby added to read as follows:
Sec. 22 -13. Standing in roadway prohibited.
A person may not stand in a roadway for the purpose of
soliciting a ride, contribution, employment or business from
the occupant of any vehicle.
Section 6: That Chapter 22 "Peddlers and Solicitors," Article
I "Itinerant Merchants," Section 22 -14 "Violations of Chapter" of
the Code of Ordinances, City of Baytown, Texas, is hereby added to
read as follows:
Sec. 22 -14. Violations of chapter.
Any person violating any of the provisions of this
chapter shall, upon conviction, be fined not to exceed five
hundred dollars ($500.00) as provided in section 1 -5 of this
Code, and each sale, offer for sale, exhibition for purpose of
sale, or exhibition for the purpose of taking orders for the
sale thereof in violation of this chapter shall constitute a
separate offense.
Section 7: All ordinances or parts of ordinances inconsistent
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.
Section 8: If any provisions, section, exception, subsection,
paragraph, sentence, clause or phrase of this ordinance or the
application of same to any person or set of circumstances, shall
for any reason be held unconstitutional, void or invalid, such
provisions of this ordinance or their application to other persons
or sets of circumstances and to this end all provisions of this
ordinance are declared to be severable.
Section 9: 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 by causing the caption of
this ordinance to be published in the official newspaper of the
City of Baytown at least twice within ten (10) days after passage
of this ordinance.
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• INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown this 14th day of April, 1994.
PETE C. AL FARO, Mayor
ATTEST:
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EILEEN P. HALL, City Clerk
,4701s:� RAMIREZ, SR., ty Attorney
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