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HomeMy WebLinkAboutOrdinance 2085 g-IS-u-o 4 / ORDINANCE NO. AN ORDINANCE REGULATING AND LICENSING CERTAIN PERSONS, FIRMS AND CORPORATIONS TO ENGAGE IN THE BUSINESS OF OPERATING TRAVEL BUREAUS AND DEFINING TRAVEL BUREAUS; EXCEPT- ING CERTAIN PERSONS, FIRMS AND CORPORATIONS! PROVIDING FOR THE INSPECTION AND SUPERVISION OF SUCH PERSONS, FIRMS AND CORPORATIONS AND THEIR BUSINESSES, PROVIDING FOR THE ISSUANCE, DISPLAY AND REVOCATION OF LICENSES, PRESCRIB- ING A BOND, PROVIDING FOR THE BEEPING, FILING AND INSPECTION OF RECORDS, PROVIDING THAT THE INVALIDITY OF A PART OF THIS ORDINANCE SHALL IN NO WAY AFFECT THE REMAINING PROVISIONS THEREOF, PROVIDING A PENALTY FOR THE VIOLATION OF ANY OF ITS PROVISIONS, AND PRESCRIBING THE EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS persons, firms and corporations are engaging in or carrying on the business of bringing persons, firms or oorperations together or putting them in communication with each other for the purpose of or to the end that said persons may contract or agree between themselves to travel frcmY one place to another in an automobile or other vehicle in the possession of or under the control of one of said persons, firms or corporations on a share expense basis, which business is commonly Down as "A Travel Bureau" and is hereinafter referred to as "A Travel Bureau"; and, WHEREAS certain of said persons engaging in said business make material false and fradulent representations to persons seeking their services regarding the eharacter, relia- bility, reputation and dependability of the operators of automobiles desiring to secure passengers to travel with them on a share expense basis; representing in many instances the operator of such automobile is a sober, upstanding, reliable citizen when in fact they well know said representations are false; further representing that the operator of the automobile is a reliable man and will transport them to the destination agreed upon, when in truth and in fact said persons know that the operator of said automobile intends to abandon said passengers at the earliest opportunity, leaving them 'stranded and penniless at some point only a few miles from Fort Worth. That as a result of the above practices and conditions it has resulted in many instances that aged and infirm persons of both sexes, and women with sna.11 children have been abandoned and stranded in a penniless condition in various points over the State of Texas; and, WHEREAS in many instances persons engaging in said business will falsely and fraudulently represent to persons seeking their services that they can immediately put them in communication with some person in possession of an automobile traveling to the named point, desiring passengers to travel on a share expense basis, which automobile is represented to be a late model automobile in safe condition, whereas in truth and in fact said persons engaging in said business will secure the services of a person engaged in the business of transport- ing passengers for hire in violation of the ]a ws of the State of Texas and will arrange for the transportation desired in an old worn automobile with worn, defective tires and inadequate brakes; and upon a refusal to accept such transportation will refuse to refund deposits made under such circumstances. WHEREAS it is deemed expedient and in the interest of the public welfare to regulate and inspect such persons, firms or corporations engaged in the business above described; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS; SECTION 1. A travel bureau within the meshing of this ordinance is a person, firm or corporation engaging in or carrying on the business of bringing persons, firms or corporations together or putting them in communication with c each other for the purpose of or to the end that said persons may contract or agree between themselves to travel from one place to another place in an automobile or other vehicle in the possession or under the control of one of said persons, firms or corporations on a share-expense basis. SECTION 2. It shall hereafter be unlawful for any person, firm or corporation, either as principal or as agent or representative of another to engage in the business of operat- ing a travel bureau, or to advertise or hold himself out as operating a travel bureau, within the corporate limits of the City of Fort Worth, Texas, without having first obtained a license therefor and displaying the same as provided for here- in. SECTION 3. Every person, firm or corporation be- fore opening, maintaining or operating such a travel bureau in the City of Fort Worth, Texas, shall make an application for a license for each such place of business maintained or operated by him upon a blank to be furnished by the City Sec- retary on a form prescribed by such officer which shall in- clude, among other things, the name and address of the appli- cant, both residence and place of business, including the street number, and, if applicant is a partnership or associa- tion, of every member thereof, and, if a corporation,✓of each officer or director thereof; also the name under which the business is to be conducted. A separate license and applica- tion shall be required for each establishment, office or lace of business conducting the business of operating a travel bureau regardless of the ownership of same. Such application for license shall be sworn to by the applicant. SECTION 4. Such license shall state the address at which the business is to be conducted snd the name under which the business is to be conducted, and such license shall be kept 3 conspicuously posted at the place of business of the licensee where it may be readily available for inspection by the public. SECTION 5. Licenses shall not be transferable or as- signable, but shall be valid only for the use of the licensee named therein, nor shall any licensee maintain more than one place of business under the same license, but the City Secretary may issue more than one license to the same licensee upon com- pliance with all the provisions of this ordinance governing the original issuance of a license or each new license. SECTION 6. Such license shall be valid only at the address stated in said license; provided, however, that should a licensee desire to change his place of business to another location, he shall give written notice thereof to the City Secretary, who shall attach to the license, in writing, his record of the change and the date thereof, which shall be authority for the operation of such business under such li- cense at such new location. SECTION 7. After having filed said application and bond with the City Secretary and secured said license as herein provided for, the licensee shall pay to the Assessor and Collector of Taxes the sum of twenty-five dollars ($25.00) as an annual license fee. All fees and collections under this ordinance shall be paid to the City Tax Collector and by him paid over into the General Fund to be used for the purpose of defraying the ex- penses of enforcement and supervision of this ordinance. SECTION S. That before any license shall be issued as herein provided the applicant shall furnish in writing a good and sufficient bond in the sum of one thousand dollars ($1,000.00) to be approved by the City Manager. Such bond shall be condition- ed that the holder of the license shall well and truly pay to the Mayor of the City of Fort Worth or his successors in office, 4 in Fort Worth, Tarrant County, Texas, any final judgment .that may be rendered against such licensee not to exceed the amount of said bond, for the benefit of every person who may recover a final judgment against the licensee, arising and growing out of any material false or fradulent representation of licensee, his agents, servants or employees concerning said transportation to be furnished or the willful failure fully to reveal all material facts within the knowledge of licensee, his agents, servants or employees concerning tha transportation to be furnished or the person furnishing such transportation in con- nection with the conduct of the business licensed under this ordinance; and further conditioned that any person having a cause of action against the obligor of said bond arising and growing out of the conduct of the business licensed under this ordinance may sue in his own name and recover on said bond without the joinder of the City of Fort Worth or the Mayor of the City of Fort Worth therein; and further conditioned that such person or persons may sue and 'recover upon said bond from time to time until the full amount is exhausted. Whenever recovery has been had on said bond so that the same is depleted or exhausted, the licenseeshall immediately file a new or additional bond as herein provided for the original bond so as to maintain at all times a good and sufficient bond in the full amount of one thousand dollars ($1,000.00). SECTION 9. Each licensee hereunder shall keep a complete set of records in duplicate showing a list of each person, firm or corporation which shall apply to it as the own- er or operator of a vehicle desiring to secure persons to travel from one point to another with said owner or operator of such vehicle on a share-expense basis, and showing the name of every person, firm or corporation making application and the date and hour of such application to said licensee desiring to be put 5 into communication with the owner or operator of a vehicle for the purpose of arranging to travel from one place to another with the owner or operator of said vehicle on a share-expense basis. Said records shall show the name and address of each such person, firm or corporation and, if said person, firm or corporation is offering to transport persons from one point to another upon a share-expense basis, then such records shall show fully the make, year model, license number, motor number and ownership of any automobile or vehicle ,proposed to be used in that connection, and shall show fully any remuneration, commis- sion or compensation paid to licensee hereunder, by whom paid and for what service such remuneration was paid, shall show the point where such travel is to originate and the point where it is to terminate, and shall show, if the licensee is in possession of such information, the charge made for such transportation or the amount of expense borne by each party thereto. Said records shall further show clearly the name of each person which licensee may bring together with any other person for the purpose of contracting to travel on a share-expense basis and the date and hour when such persons were brought together, and said record shall also show the name of the person making said record. Each transaction described hereinabove shall con- stitute a separate transaction, and the failure on the part of any such licensee to keep the required records of each trans- action shallUeonstitute a separate offense, and such records shall at all reasonable times during business hours be subject 'to inspection by the City Secretary of the City of Fort Worth and his duly authorized agents. Each licensee hereunder shall file with the City Secretary of the City of Fort Worth on the first Monday of each month a sworn copy of all of the records kept by him dur- ing the preceding month under the provisions of Section 9 of 6 �r4 this ordinance, and the failure to file such records shall con- stitute a violation of this ordinance. SECTION 10. Any license herein granted shall be subject to revocation:by the City Council of the City of Fort Worth after due notice to the holder of such license and hear- ing thereon, upon proof of the violation of any of the pro- visions of this ordinance. SECTION 11. Any person, firm, or corporation vio- lating any provision of this ordinance or any amendment there- of shall be deemed guilty of a misdemeanor, and,, if such act be also a violation of any valid law of this State and be penalized thereby, he shall, upon conviction, be fined as pro- vided in such State law; and any person, firm. or corporation violating any provision of this ordinance shall, if such act be not prohibited and penalized by any valid law of this State, be deemed guilty of a misdemeanor and, upon conviction, shall be fined in any sum not exceeding two hundred dollars ($200.00) and each days operation without a license as herein provided for shall be considered a separate offense. SECTION 12. This ordinance shall not apply to any person, copartnership, association or corporation doing business under and as permitted by the laws of this State relating to motorbus companies or motorbus ticket brokers. SECTION 13. In the event the license of any person issued hereunder shall be revoked by the City Council of the City of Fort Worth, Texas, as provided in Section 10 hereof, no second or additional license shall be issued to said person hereunder within one year of the date such license was revoked. SECTION 14. If any clause, sentence, section, pro- vision or part of this ordinance shall be adjudged to be un- constitutional or invalid for any reason by any court of com- 7 petent jurisdiction, such judgment shall not impair, affect or invalidate the remainder of this ordinance, which shall re- main in full force and effect thereafter. SECTION 15. 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. PASSED AND APPROVED, THIS _ ,�, day of A.D. 1940. Approved as to form 'auk City Attorney 8