Loading...
HomeMy WebLinkAboutOrdinance 1756 9 ORDINANCE NO. 1756 AN ORDINANCE PROVIDING FOR THE REQUIRMENT AND ISSUANCE OF LICENSE PERMITS TO ITINERANT VENDORS IN THE CITY OF FORT WORTH, TEXAS; REGULATING THE SALE OF GOODS, WARES AND MER— CHANDISE BY ITINERANT VENDORS IN THE CITY OF FORT WORTH; REPEALING ALL ORDINANCES INCONSISTENT THEREWITH; AND PROVID- ING A PENALTY FOR THE VIOLATION THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION I. Definitions.-- The term "itinerant vendor", as used in this ordinance, shall mean and include and shall be construed to mean and include all persons, firms and corporations, as well as their agents, servants and employees, who engage in the temporary or transient business in the City of Fort Worth, Texas, of selling, furnishing, or offering for sale, any goods, wares or merchandise, and it shall also include all persons, firms or corpora- tions, as well as their agents, servants and employees, who, for the purpose of carrying on the business above described, either hire, rent, lease or oc— cupy any room or space in a building, structure or other enclosure in the said City of Fort Worth, in, through, or from which any goods, wares or merchandise may be sold, furnished, or offered for sale. The word "temporary", as used in this ordinance, shall mean and include and shall be construed to mean and include any such business trans— acted or conducted in the City of Fort Worth, 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 con— ducted. The word "transient", as used in this ordinance, shall mean and include and shall be construed to mean and include any such business of any such itinerant vendor as may be operated or conducted by persons, firms or corporations, or by their agents, servants or employees, who reside away from the City of Fort Worth, Texas, or who have fixed places of business in places other than the City of Fort Worth, Texas, or who have their head- quarters in places other than the City of Fort Worth, or who have moved a stock of goods, wares or merchandise into the said City of Fort Worth for the purpose or intention of removing them or the unsold portion thereof away from said city before the expiration of one month. SECTION II. Itinerant Vendor must have license. Provisions.--- It shall hereafter be unlawful for any itinerant vendor to sell, offer for sale, or to exhibit for sale, any goods, wares or merchandise in the City of Fort Worth, Texas, without first obtaining a license permit as herein provided for. The assessor and collector of taxes of the City of Fort Worth shall issue to any itinerant vendor a license permit authorizing such itin- erant vendor to sell, offer for sale, or to exhibit for sale in said City of Fort Worth, his goods, wares or merchandise only after such itinerant vendor shall have fully complied with all of the provisions of this ordin- ance and made payment of the sum of Fifty Dollars ($50.00) for said permit license and which sum shall be compensation to the City of Fort Worth for the services herein required of it and to enable the City of Fort Worth to partially defray the expenses of the surveillance and inspection of the premises and property of the licensee, and the enforcement of the provisions of this ordinance, and provided further: (a) That the itinerant vendor shall make application to the assessor and collector of taxes at least ten (10) days prior to the date of his contemplated sale or exhibit to be held in the City of Fort Worth, which application shall be in the form of an affidavit stating the full name and address of the itinerant vendor, the loca- tion of his or its principal office and place of business, the names and addresses of its officers, if it be a corporation, and the partner- ship name and the names and addresses of all partners if such itiner- ant vendor be a firm. (b) That before said license permit shall be issued, the applica- tion therefor must be accompanied by: 2. (1) A statement showing the kind and charaoter of the goods, wares or merchandise to be sold, offered for sale or exhibited for sale, (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 corporation incorporated under the laws of some state other than Texas. (4) A bond in a sum of not less than One Thousand Dol— lars ($1,000.00) and it shall be executed by the itinerant vendor as principal with two or more good and sufficient sureties acceptable to the assessor and collector of takes' which bond shall be made payable to the city manager of Fort Worth, Texas and his successors in office, for the use and benefit of any person or persons entitled thereto and condi— tioned that the principal and surety will pay all damages to person or persons caused by or arising from or growing out of the wrongful, fraudulent or illegal conduct of the itinerant vendor, while conducting the sale or exhibit in the said City of Fort Worth. The bond shall remain in full force and ef— fect for the entire duration of the license permit, as provid— ed herein, and one year thereafter. SECTION III. License not transferable.-- The license permit provided for herein shall not be transferable nor give authority to more than one person, corporation or firm to sell or exhibit goods, wares or merchandise as an itinerant vendor either by agent or clerk or in any other way than his or its own proper person, but any person, firm or corporation having obtain— ed such license permit may have the assistance of one or more persons in conducting the sale or exhibit who shall have authority to aid that principal, but not to act for or without him. 3, SECTION IV. Duration of license.-- The licenses as provided herein, shall continue so long as such sale or exhibit is continuously held in the City of Fort Worth, but in no event shall it continue for more than forty (40) days from the date of its issuance. Such license permit shall be promin— ently displayed in a conspicuous place on the premises where such sale or exhibit is being conducted and shall remain so displayed so long as any goods, wares or merchandise are being so sold or exhibited. SECTION V. Exemption.-- This ordinance is not and shall not be held to be applicable to the following parties: (a) Vendors of farm produce, poultry, stock or agricultural products in their natural state. (b) Sales of goods, wares or merchandise donated by the owners thereof, the proceeds whereof are to be applied to any charitable or philanthropic purpose. SECTION VI. Penalty.— Any person violating any of the provisions of this ordinance shall, upon conviction thereof, be fined in any sum not to exceed Two hundred Dollars ($200.00) and each sale, offer for sale, or exhibition for the purpose of sale, shall be and cons-itute a separate offense. SECTION VII. Saving Clause.-- In the event any section, sub—section, sentence, clause or phrase of this ordinance shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect any other sec— tions, sub—sections, sentences, clauses, or phrases of this ordinance but all the rest hereof shall be in full force and effect just as though the section, sub—section, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part thereof, 4. SECTION VIII. Repeal of inconsistent ordinances.-- This ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City of Fort Worth affecting itinerant vendors and shall not operate to repeal or affect any such ordinance or ordinances, except insofar as the provisions of such ordinance or ordinances are inconsistent or in conflict with the pro— visions of this ordinance, in which instance or instances those provisions shall be and they are hereby repealed. SECTION IX. This ordinance shall take effect and be in full, force and effect from and after the date of its passage and publication as provided by law. APPROVED AS TO FORM AND LEGALITY: ,(s,) R, E. Rouer City Attorney