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HomeMy WebLinkAboutOrdinance 1736 ORDINANCE NO. AN ORDINANCE TO PROVIDE FOR LICENSING AND 1:EGULATING PERSONS, FMMS AND CORPORATIONS TO hVGAGE IN SELLING FRUITS AND VEGE- TABLES AT 1EOLESALE, VIITHIN THE CORPORATE LMITS OF THE CITY OF FORT WORTH, AND THE PRODUCERS OF FRUITS JUM VEGETABLES, PROVIDING FOR THS; ISSUANCE OF LICENMA S AND A FEE MEREFOR, DEFINING TMIS, PROVIDING FOR THE APPOINME T AIM DUTIES OF INSPECTORS AND ENFORCING OFFICERS, PROHIBITING THE SUPERSED- ING THEREOF BY OTTER ORDINANCES, PROVIDING FOR THE DISPLAY OF LICENSES, FIXING PENALTIES, AND DESCRIBING OPERATING AND EFFECT. WHIMEAS, fruits and vegetables are now being sold at wholesale in the City of Fort 'v7orth which are inferior in quality, unfit for human consumption, mixed in grade, and sold as of a higher grade; and, VMREAS, fruits and vegetables are stored, kept, packed, and sold in wholesale establishments which are kept in unsanitary conditions, and therefore dangerous to the health of the public; and, WaREAS, in order to protect the health of the citizens of the City of Fort Worth, and prevent the citizens thereof from being defrauded, it is necessary to regulate the sale of said fruits and vegetables, and inspect and reeulate establishments where such fruits and vegetables are kept, stored and sold; THEREFORE, BE IT ORDAI1= BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS: SECTION Io It shall be unlawful for any person, firm or corporation to maintain and operate an establishment for sale at wholesale of fruits and vegetables, or for the wholesale distribution of fruits and vegetables within the corporate limits of the City of Fort GVorth, Texas, without first obtaining a license therefor. SECTION II. Every person, firm or corporation, before opening, maintaining, and/or operating such an establishment for the purposes stated in Section I, shall make application for each establishment maintained and operated by him, or it, upon a blank to be furnished by the Director of Public Health and Welfare, and in which application the applicant shall give the follow- ing information: address, number of establishments maintained and operat- ed, nature of business, method of distribution used, whether it be selling; direct from a store room, railroad car, wagon, truck or other vehicle, or from a vacant lot or stand, or otherwise. SECTION III. Upon filing an application to operate an establishment for sale at wholesale of fruits and vegetables properly filled out and paying the Director of Public health and Welfare a license fee of ,ij,100.00 for each and every establisImient maintained and operated, said Director of Public Health and '�;elfare shall issue a license or licenses to said applicants to operate said establishment for and during one year from the date of issuance, which said license shall not be transferable. SECTION IV. All persons offering for sale fruits and/or vegetables grown or produced by such persons shall not be required to pay the license fee pro- i vided for, but licenses shall be issued to such persons by the :Director of Public Health and 'Idelfare upon satisfactory proof that they have produced or grown the products to be sold, and such licenses shall so state. SECTION V. The word "establishment" as used in this ordinance shall mean an establishment which is engaged in buying and selling and/or distributing fruits and/or vegetables at wholesale, and shall mean any building, store- room, freight car, wagon, truck, or other vehicle, or any vacant lot or stand, or otherwise, where such fruits and/or vegetables are kept, stored, packed, or offered for sale at wholesale. The word "wholesale" as used in this ordinance shall mean any sale other than by the producer to one not the ultimate consumer of an individual unit. SECTION VI. The City 11anager of the City of Fort Worth shall appoint an in- spector or inspectors, or shall require any inspector or inspectors as are already employed by the City of Fort idorth, to enforce this ordinance. It shall be the duty of such inspector or inspectors regularly to inspect all fruits and vegetables bought and sold, or offered for sale, and to determine whether any of said fruits or vegetables are unfit for human consumption, or whether the same shall have been or shall be misrepresented as to grade, quality or condition. SECTION VII. No other licenses issued by the City of Fort Worth shall be deem- ed in any way to supersede this ordinance or to exempt any person, firm or corporation coming under the classification of this ordinance from taking out a license as provided for by this ordinance, SECTION VIII. Every person, firm or corporation obtaining such license under the provisions of this ordinance shall keep such license displayed in the establishment for which it was issued. SECT ION IX. Any person, firm or corporation which shall hereafter operate such establishment as defined in this ordinance without first having obtain- ed license so to do, shall, upon conviction, be fined not less than Five Dollars and not more than Two ?Iundred Dollars, and every day which said per- son, firm or corporation shall engage in such business without such license shall be and constitute a separate offense. SECTION X. Any person, firm or corporation violating the provisions of Sec- tion VIII hereof, upon conviction, shall be fined not less than Five Dollars nor more than Twenty-five Dollars. SECTION XI. In case any section of this ordinance shall hereafter be declared null, void or inoperative, the other sections shall nevertheless remain in full force and effect. SECTION XII. This ordinance shall not be construed to repeal any of the health, sanitary or food ordinances of the City of Fort Worth, but shall be cumulative thereof. SECTION XIII. This ordinance shall take effect and be in full force and effect from and after the date of. its passage and publication as required by law. APPROVED A5 TO FOFW: City Attorney I