Loading...
HomeMy WebLinkAbout1955-0212 - Ordinance - 05/16/1955STANDARD c & F ORDINANCE NO. 212 REGULATING THE SALE, OFFERING FOR SALE, EXHIBITING FOR SALE OR EXHIBIT- ING FOR THE PURPOSE OF TAKING ORDERS FOR SALE OF MERCHANDISE IN THE CITY OF COLLEGE STATION, TEXAS, BY ITINERANT VENDORS, PROVIDING FOR THE LICENS- ING OF SUCH OCCUPATION, AND FOR PENALTIES FOR VIOLATION HEREOF; AND RE- PEALING ORDINANCE NO. 102. BE TT ORDAINED by the City Council of the City of College Station, Texas: SECT ION I. DEFINITIONS: The term "itinerant vendors" means and includes and shall be construed to mean and include all persons, firms and corporations, as well as their agents and employees, who engage in temporary or transient business in the City of College Station, Texas, of selling or offering for sale any goods or merchandise or exhibiting the same for sale or exhibiting the same for the purpose of taking orders for the sale thereof and who, for the purpose of carrying on such bus- iness or conducting such exhibits thereof, use trucks parked upon the streets or vacant lots of the City of College Station, or who use the vacant lots of the City of College Station, or who either hire, rent, lease or occupy any room or space in any building, structure or other enclosure in the City of College Station, Texas, from, through or in which any goods or merchandise may be sold, offered for sale, exhibit- ed for sale or exhibited for the purpose of taking orders for the sale thereof. The word "temporary", as used above, means and shall be con- strued to mean any such business transacted or conducted in the City of College Station, Texas, for which definite arrangements have not been made for the hire, rental or lease of premises for at least one month in or upon which such business is to be operated or conducted. The word "transient" as above used, means and shall be construed to mean any such business of any such itinerant vendor as may be operated or conducted by persons, firms or corporations, or by their agents or employees, who reside away from the City of College Station, Texas, or who have fixed places of business in places other than the City of College Station, Texas, or who have their headquarters in places other than the City of College Station, Texas, or who move stocks of goods or merchandise or samples thereof into College Station, Texas, with the purpose or intention of removing same or the unsold portion there- of away from the City of College Station, Texas, before the expiration of one month. SECTION II. ITINERANT VENDORS MUST HAVE LICENSES. It shall here- after be unlawful for any itinerant vendor to sell, offer for sale, ex- hibit for sale or exhibit for the purpose of taking orders for the sale of any goods or merchandise in the City of College Station, Texas, with- out first obtaining a license permit as herein provided for. The assess- or and collector of taxes of the City of College Station shall issue to any itinerant vendor a license permit authorizing such itinerant vendor to sell, exhibit for sale or offer for sale, or exhibit for the purpose of taking orders for the sale thereof in the City of College Station, his goods or merchandise only after such itinerant vendor shall have fully complied with the'lprovisions of this ordinance and shall have made payment in the amount of fifty ($p50.00) Dollars, for said license permit 00532 If STANDARD B & er" (which license permit shall authorize the conducting and operation of said business from only one room or space in any building, structure or other enclosure, or from only one vacant lot or from only one truck, but not both) which sum shallcompensate the City of College Station, Texas, for the services herein required of it, and enable the City of College Station, Texas, to partially defray the expense of enforcing the provisions of this ordinance; provided. (a) The itinerant vendor shall make application to the assessor and collector of taxes at least (10) ten days prior to the date of his contemplated sale or exhibit to be held in the City of College Station, Texas, which application shall be in the form of an affidavit, stating the full name and address of the itinerant vendor, the location of his or its principal office and place of business, the names and addresses of its officers, if it be a corporation, and the partnership name and addresses of all partners, if such itinerant vendor he such a firm. (b) Before said license permit shall issue, the application there- for must be accompanied by: 1. A statement showing the kind and character of the goods or merchandise to be sold, offered for sale, or exhibited. 2. A certified copy of the charter, if the itinerant vendor be a corporation incorporated under the laws of the state of Texas. 3. A certified copy of its permit to do business in Texas if the itinerant vendor be a foreign corporation. 4. A bond in the sum of not less than One Thousand 0$1,000.00) Dollars, executed by the itinerant vendor as principal with two or more good and sufficient sureties satisfactory to the assessor and collector of taxes which bond shall be pay— able to the Mayor of the City of College Station, Texas, and his successors in office for the use and benefit of any per- son or persons entitled thereto, and conditioned that the principal and sureties will pay all damages to persons caus— ed by or arising from or growing out of the itinerantvendor while conducting the sale or exhibit in the City of College Station, Texas. The bond shall remain in full force and effect for the entire duration of the license permit provid- ed for herein, and for two (2) full years after such license permit expires. SECTION III. LICENSE NOT TRANSFERABLE. The License permit provided for herein shall not be transferable nor give authority to more than one person to sell or exhibit goods or merchandise as an itinerant vendor either by agent or by clerk or any other way than his own proper person, but any person having obtained such license permit may have the assistance o±one or more persons in conducting sale or exhibit who shall have the authority to assist the principal, but shall not have the authority to act for or without him. 00533 SECTION IV. DURATION OF LICENSE. The license permit as provided for herein shall continue so long sa such sale or exhibit is continuously held in the City of College Station, Texas, but in no event shall it con— tinue for more than forty (40) days from the date of its issuance. Such license permit shall be prominently displayed in a conspicuous place on the premises where, or the truck from which, such sale or exhibit is be— ing conducted and shall remain so displayed so long as any goods or mer— chandise are being so sold or exhibited. SECTION V. EXEMPTIONS. This ordinance is not and shall not be held applicable to the following: (a) Ordinary commercial traveler who sells or exhibits for sale goods or merchandise to parties engaged in the business of buying, selling and dealing in such goods and merchandise. (b) Vendors of farm products, poultry, stock or agricultural products in their natural state (however, the exemption shall not exempt from the provisions hereof sales or exhibit for sale of lumber or wooden poles). (c) Sales of goods or merchandise donated by the owner there— of, proceeds of which are applied to any charitable or philanthropic purpose. SECTION VI. PENALTY. Any person violating any of the foregoing provisions of this ordinance shall upon conviction be fined not less than Fifty (p50.00) Dollars, nor more than One Hundred ($100.00) Dollars and each sale or exhibition for the purpose of sale or of taking orders for sale thereof shall be a separate offense. SECTION VII. SAVING CLAUSE. In the event any section, subsection, sentence, clause, or phrase of this ordinance shall be declared or ad— judged invalid or unconstitutional, such adjudication shall in no way or manner affect any other section,subsection, sentence, clause or phrase of this ordinance, but all of the rest hereof shall be in full force and effect just as though the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part thereof. SECTION VIII. REPEAL OF INCONSISTENT ORDINANCES. Ordinance No. 102 and parts of all other ordinances inconsistent or in conflict with the provisions of this ordinance shall be and the same are hereby repealed. Passed and approved the 16th day of May, A. D. 1955. ATTEST: City Secretary