Ord. 0037 1961-01-06ORDINANCE NUMBER
37
AN ORDINANCE DEFINING AND REGULATING ITINERANT MERCHANTS,
ITINERANT VENDORS, PEDDLERS, AND PERSONS SELLING OR TAKING
ORDERS 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 ENGAGED IN INTERSTATE
COMMERCE FROM LICENSE FEE AND BOND, BUT REQUIRING SUCH
PERSONS T 0 REGISTER WITH THE CITY SECRETARY: AND PROVIDING
PENALTIES FOR THE VIOLATION OF THIS ORDINANCE, (INCLUDING A
FINE NOT LESS THAN TEN DOLLARS NOR MORE THAN ONE HUNDRED
DOLLARS):
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
SECTION 1: This entire ordinance is and shall be deemed and exercise of
the police power of the State of Texas, and of the City of Pearland, for the
public safety, comfort, convenience and protection of the City and citizens of
the City, and all of the provisions hereof shalt be construed for the accom-
plishment of that purpose.
SECTION 2: That it shall hereafter be unlawful for any person to go from
house to house or from place b place in the City of Pearland, Texas,
soliciting, 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, without having
first applied for and obtaining a License so to do from the City Secretary
of said City. Ifshatl also hereafter be unlawful to sell. or solicit in said
City as aforesaid without carrying such: license white engaged in such
soliciting or selling.
SECTION 3: That any person desiring to go from house to house or from
place to place in the City of Pearland, Texas, to sell or solicit orders for
goods, wares, merchandise, services, photographs, newspapers, magazines
or subscriptions to newspapers or magazines, shall make written application
to the City Secretary 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 any such sale or
order shall demand, accept or receive payment or deposit of money in ad-
vance of final delivery, and the period of time such applicant wishes to sell
or solicit in said City.
SECTION 4: The application mentioned in Section 3 hereof shalt be accom-
panied by a bond in the penal sum of One Thousand ($1,000.00) Dollars,
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, merchandise , services, photographs, magazines and
newspapers in accordance 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 of said bond, at the time of delivery, and
that may be discovered by such purchaser or customer within thirty
days after delivery, and which bond shall be for the use and benefit of
all persons, firms or corporations that may make any purchase of, or
give any order to the prindipaL on said bond, or to any agent or employee
of the principal.
Provided that in case the applicant is a person, firm, company,
partnership, corporation or association engaged or engaging in any
activity mentioned 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
One Thousand ($1,000.00) Dollars as above required, 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 shalt 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
merchantSor itinerant vendor shall be Ten ($10.00) Dollars for three (3)
months. 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, such person,
firm, company, partnership, corporation or association shall, in addition
to said Ten ($10.00) Dollar fee above mentioned, pay a license fee of Ten
($10.00) Dollars for each agent or employee so engaged, all of which
Licenses shall be valid for Three (3) months from the date of their
issuance. The fees herein provided for shall be used for the purpose of
defraying expenses incident to the issuing 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.
SECTION 8: The provisions of tlis 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 engaged in interstate com-
merce to go from house to house or place to place in the City of Peartand,
Texas, without having first registered with the City Secretary of said
City, giving the following information:
(a) Name, home address and Local address, if any, of 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) The period of time which registrant wishes to solicit or sell
in said City.
(1'.) The hours during which sash solicitation may be made shall be
between the hours of 8:00 A. M. and 4;00 P. M. and not other -
wise .
The registrant at the time of the registration, as herein
provided for, shall submit for inspection of the City Clerk or the City
Secretary written proof of his identity which may be in the form of an
automobile operatorts license, identification letter or card issued to
registrant by the person, firm, or corporation for whom or through
whom orders are to be 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 magazines, or sub-
scriptions to newspapers or magazines, whioh 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 thefulfillment of such orders.
SECTION 9: Any person, firm, or corporation violating any provisions
of this Ordinance or failing to observe any provisions hereto shall be
deemed guilty of a misdemeanor and upon conviction shall be fined in a
sum not Less than Ten ($10,00) Dollars and not more than One Hundred
($100.00) Dollars and each and every day or fra4tion of a day during
with this Ordinance, or any part hereof, shall be violated, shall be
deemed a separate offense and punishable as such.
SECTION 10: Each and every provision, paragraph, sentence and
clause of this Ordinance has been separately considered and passed by
the City Council of the City of Pearland, Texas, and each said provision
would have been separately passed without any other provision, and if
any provision hereof should be ineffective, invalid, or unconstitutional
for any cause, it shall not impair, nor affect the remaining portion, nor
any part thereof, but the valid portion shall be enforced just as if it had
been passed alone, and all Ordinances and parts of Ordinances in conflict
herewith are hereby repealed.
SECTION 11: In view of the fact that this Ordinance is necessary for
the immediate safety, comfort, convenience and protection of the City
and the citizens of the City of PearLand, Texas, it becomes necessary
that this Ordinance shall be in full force and effect immediately from
and after its approval and passage and it is accordingly so Ordained.
PASSED AND APPROVED ON THIS the
A. D. 1961.
(Corporate Seal)
ATT T•
4.
day of April,
CITY OF PEARLAND, TEXAS
By: `C.C/ )/ .2c--411--b-?-:-;1.'
E. T. Gitbons, Mayor
ictor A. Nol n, CYty Secretary,
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