Loading...
HomeMy WebLinkAboutOrdinance 6272 ORDINANCE NO. _ AN ORDINANCE AMENDING CHAPTER 21 OF THE FORT WORTH CITY CODE (1964) , BEING A CHAP- TER REGULATING THE OPERATIONS OF ITINERANT VENDORS WITHIN THE CITY OF FORT WORTH; DE- FINING ITINERANT VENDOR; REQUIRING A LI- CENSE TO ENGAGE IN BUSINESS AS AN ITINERANT VENDOR; PROVIDING A FEE FOR THE ISSUANCE OF SUCH LICENSE; PROVIDING CONDITIONS FOR THE ISSUANCE OF SUCH LICENSE; PROVIDING SUCH LICENSE NOT TO BE TRANSFERABLE; PRO- VIDING A PERIOD OF DURATION FOR SUCH LI- CENSE; PROVIDING EXEMPTIONS; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL CONFLICTING ORDINANCES; PRO- VIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; AND NAMING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: Section 1, That Chapter 21 of the Fort Worth City Code (1964) is hereby amended and, after being so amended, same shall read as follows: Section 21-1. Definitions. For the purpose of this ordinance an itinerant vendor is defined as any person, firm or corpora- tion, whether as owner, agent, consignee or em- ployee, whether a resident of the City of Fort Worth or not, who engages in a temporary business of selling and delivering goods, wares and mer- chandise or engages in soliciting orders for the sale of goods, wares and merchandise for future delivery and who, in furtherance of such purposes, hires, leases, uses or occupies any building, structure, motor vehicle, tent, railroad boxcar, boat, public room in hotel, lodging house, apart- ment, shop, street, alley, or other place within the City of Fort Worth, for the exhibition and sale of such goods, wares and merchandise, or for the solicitation of orders for goods, wares and merchandise for future delivery, where no definite arrangements have been made for the hire, rental, or lease of such premises for a period of occupancy of at least one month in duration. The term itin- erant vendor shall also include any person, whether a resident of the City of Fort Worth or not, who travels by foot or conveyance from house to house, street to street, or place to place, within such City, for the purpose of offering or exposing for sale any goods, wares, or merchandise, or who in like manner solicits orders for goods, wares and merchandise for future delivery. A person, firm, or corporation which falls within the definition of an itinerant vendor as herein defined shall not be relieved from complying with the provisions of this ordinance merely by reason of associating temporarily with any local dealer, trader, or mer- chant. Section 21-2. License required. It shall be unlawful for an itinerant vendor as defined in Section 21-1 of this Code to engage in such business within the City of Fort Worth without first obtaining a license therefor in com- pliance with the provisions of this ordinance. Section 21-3. Compliance with Chapter prerequisite to issuance of license; license fee. The assessor-collector of taxes of the City of Fort. Worth shall issue to any itinerant vendor a license authorizing such itinerant vendor to con- duct business in the City of Fort Worth only after such itinerant vendor shall have fully complied with all of the provisions of this Chapter and made payment of the sum of fifty dollars for such li- cense, such sum to be used to partially defray the expenses of the surveillance and inspection of the premises and property of the licensee, and the en- forcement of the provisions of this Chapter. Should any individual applying for license as an itinerant vendor be of the opinion that, in his case, the pay- ment of such license fee or portion thereof would impose a burden on interstate commerce, such indi- vidual may present to the tax assessor-collector of the City of Fort Worth any evidence which, in the opinion of such individual, demonstrates that the payment of such licenser- fee or portion thereof would impose a burden on interstate commerce, and, such tax assessor-collector shall be fully empowered to reduce such license fee to such an amount as would not impose a burden on interstate commerce. - 2 - Section 21-4. Application for license; informa- tion to be shown. Every itinerant vendor who desires a license under the provisions of this chapter shall make application to the assessor-collector of taxes. Such application shall be in the form of an affi- davit stating the full name and address of the itinerant vendor, the location of his principal office and place of business, the names and ad- dresses of its officers, if it be a corporation, and the partnership name and the names and addres- ses of all partners if such itinerant vendor be a firm. Section 21-5, Application for license to be ac- companied by statements, bond, etc. Before any license shall be issued under the provisions of this chapter, the application there- for shall be accompanied by: (a) Character of goods, etc. A statement show- ing the kind and character of the goods, wares and merchandise to be sold, offered for sale or exhib- ited for sale. (b) Bond, A bond in a sum of not less than one thousand dollars to be executed by the itinerant vendor as principal with two or more good. and suf- ficient sureties acceptable to the assessor-collector of taxes, which bond shall be made payable to the City of Fort Worth for the use and benefit of any person entitled thereto and conditioned that the prin- cipal and surety will pay all damages to persons caused by or arising from or growing out of the wrongful, fraudulent or illegal conduct of the itinerant vendor, while conducting his business in the city. The bond shall remain in full force and effect for the entire duration of the license, as provided herein, and one year thereafter. Section 21-6, License not transferable. The license provided for herein shall not be transferable nor give authority to more than one person to sell or exhibit goods, wares or mer- chandise as an itinerant vendor either by agent or clerk or in any other way than his own proper person, but any person having obtained such license may have the assistance of one or more persons in conducting the sale or exhibit who shall have au- thority to aid that principal, but not to act for or without him, 3 - Section 21-7. Duration of license; posting. The license, as provided herein, shall continue so long as the licensee is conducting business in the city, but in no event shall it continue for more than forty days from the date of its issuance. Such license shall be prominently displayed in a conspicuous place on the premises where business is being conducted or shall be carried on the per- son of the licensee and shall remain so displayed or so carried so long as the licensee is conduct- ing business under such license. Section 21-8. Exemptions. This chapter 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 where- of are to be applied to any charitable or philan- thropic purpose. Section 2. That this ordinance shall be cumulative of all provisions of the Code of the City of Fort Worth, Texas (1964) except in those instances where the provisions of this ordinance are in direct conflict with the provisions of such Code, in which in- stances said conflicting provisions of such Code are hereby repealed. Section 3. That if any section, part of a section, or provision of any section of this ordinance shall be held to be void, inef- fective, or unconstitutional by a court of competent jurisdic- tion, the holding of such section, part of a section, or pro- vision of any section to be void, ineffective or unconstitu- tional for any cause whatsoever shall in no way affect the validity of the remaining sections and provisions of the or- dinance which shall remain in full force and effect. - 4 - Section 4. That any person, firm or corporation violating any of the provisions of this ordinance shall be fined in any sum not to exceed two hundred dollars, and each day's violation thereof shall constitute a separate offense. Section 5, That this ordinance shall become effective and be in full force and effect from and after the date of its passage and publication as required by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: City Attorney Adopted by the City Council - (o - 70 Effective GI- - I +- °7/0 City of Fort Worth, Texas Mayor and Council Communication MORPHS DATE REFERENCE SUBJECT: Ordinance Amending Chapter 21 PAGE R,a s. NUMBER of City Code 1 cr 1 Gw►ww+ 4, 6 70 G-1533 r, REED The present Chapter 21 of the City Code, regulating itinerant vendors, is constitutionally weak. Its provisions might be construed as being discriminatory against non- residents of the City of Fort Worth, as imposing a burden on interstate commerce, or as so unduly restrictive as to amount to prohibition of a legal occupation rather than legitimate regulation. If Chapter 21 were so construed, it would be unconstitutional. Linen Service Company vs. City of Abilene, 169 S.W.2d 497 (Tex.Civ.App. , 1943, err. ref.); Houston Sales vs. Trinity, 269 S.W.2d 579 (Tex.Civ.App. , 1954, n.r.e.) ; Real Silk Hosiery Mills vs. City of Portland, 268 U.S. 325, 45 S.Ct. 525, 69 L.Ed. 982 (1925).. It is anticipated that adoption of the attached ordinance will cure all constitutional defects, as well as clarify certain wording in the present Chapter 21. Recommendation Adoption of the attached ordinance amending Chapter 21 of the City Code is recommended. HDM:ms Attachment SUBMITTED BY: OISPOSIT19 OUNCIL: PROCESSED BY Sn APPROVED ❑ OTHER (DESCRIBE) /u0' (f/'2/rz CITY SECRETARY DATE CITY MANAGER ��:Jf