Ord 1186 12/17/1934 ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 1079 PASSED AND APPROVED BY
THE BOARD OF ALDM,11EN ON THE 23RD DAY OF NOVEMBER, 1931.
AN ORDINANCE TO PROVIDE FOR LICENSING AND REGULATING PERSONS,
FIRMS AND CORPORATIONS TO ENGAGE IN BUYING AND SELLING FRUITS AND
VEGETABLES AT WHOLESALE WITHIN THE CORPORATE LnAITS OF THE CITY
OF WICHITA FALLS, TEXAS, REQUIRING THE ISSUANCE OF LICENSE, PRO-
VIDING FOR THE ISSUANCE OF LICENSES, REQUIRING BOND IN CERTAIN
CASES, EXEMPTING IN PART CERTAIN PERSONS, DEFINING TERMS, PROVID*
ING ENFORCEMENT, PRESCRIBING DUTIES OF ENFORCING OFFICERS, PROHIBIT-
ING THE SUPERSEDING THEREOF BY OTHER ORDINANCES, PROVIDING FOR THE
DISPLAY OF LICENSES, FIXING PENALTIES, DESCRIBING OPERATING AND
EFFECT, AYD DECLARING AN EITRGENCY.
WHEREAS, fruits and vegetables are now being sold at wholesale
in the City of Wichita Falls, which are inferior in quality, unfit for human con-
sumption, mixed in grade and sold as of a higher grade; and
WHEREAS, fruits and vegetables are stored, kept, packed, and
sold wholesale establishments which are kept in unsanitary conditions, end therefore
dangerous to the health of the public; and
WFEREAS, in order to protect the health of the citizens of the
City of W icizita Falls, and prevent the citizens thereof from being defrauded, it is
necessary to regulate the sale of said fruits and vegetables, and inspect and regu-
late establishments where such fruits and vegetables are kept, stored, and sold:
THUMOR.E, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY
OF WICHITA FALLS, TEXAS, AS FOLLOWS:
SECTION 1. It shall be unlawful for any person, firm or corpora-
tion 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 Wichita Falls, Texas, without first obtaining a
license therefor.
SECTION 2. Every person, firm, or corporation, before opening,
maintaining, and/or operating such an establishment for the purposes stated in Seo-
tion 1, shall make application for each establishment maintained and operated by him,
or it, upon a blank to be furnished by the City Clerk, and in which application the
applicant shall give the following information: Address, number of establishments
maintained and operated, 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 Rand, or otherwise.
SECTION 3. Upon filing said application, properly filled out, and
paying the City Clerk a license fee of One Hundred Dollars for each and every establish-
rent maintained and operated, said City Clerk shall issue a license or licenses to said
applicant to operate said establishment or establishments for anddaning one year from
date of issuance, said fee of $100.00 shall be paid by paying $50.00 at the time
license is issued and remaining $50.00 shall be paid on or before 90 days from date of
issuance of license. Providing, however, if said $'50.00 is not paid within 90 days
said license shall be cancelled by the Board of Aldermen.
SECTION 4# In case the financial responsibility of the applicant
is doubtful, the City Clerk is hereby authorized and directed to require applicant to f it
a surety bond not exceeding the amount of Five Thousand Dollars for the protection of
retail merchants and the citizens of the Cit-,r of Wichita Falls against frauds and mis6
representations.
SECTION 5. All persons offering for sale fruits and/or vegetables
grown or produced by such persons shall not be required to pay the license fee provided
for, but licenses shall be issued to such persons by the City Clerk upon satisfactory
proof that they have produced or grown the products to be sold, and such licenses shall
so state#
SECTION 6. The word "establishment" as used in this ordinance
shall mean an establishment which is engaged in buying and selling and/or distribut-
ing 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.
SECTION 7. The City Manager of the City of Wichita Falls shall
appoint an inspector or inspectors, or shall require such inspector or inspectors as
are already employed by the City of Wichita Falls, to enforce this ordinance.
SECTION Be It shall be the duty of the inspector or inspectors
regularly to inspect all fruits and vegetdi.e bought and sold at wholesale, and he shall
have power and authority to condemn any and all fruits and vegetables xfi ieh are unfit
for human consumption or which shall have been or shall be misrepresented as to grade,
q uality, or condition. It shall be the duty of the City Manager upon recommendation
of the inspector, to revoke the license of any licensee who shall intentionally mis'.
represent the quality or grade of any fruit or vegetables offered for sale.
SECTION 9. No license issued by the City of Wichita Falls for
peddling or for use of the City Market shall be deemed in any way to supersede this
ordinance or to exempt any person, firm, or corporation coming under the ckisification
of this ordinance from taking out a license as provided for by this ordinance.
SECTION 10. Every person, firm, or corporation obtaining such
license under the provisions of this ordinance shall keep such license displayed in his
place of business.
SECTION 11. Penalty& Any person, firm, or corporation which
shall hereafter have such establishment as defined in this ordinance without first hav-
ing obtained license so to do shall, upon conviction, be fined not less than twenty
dollars and not more than two lundred dollars, and every day which said person, firm, or
corporation shall engage in such business without such license shall be and constitute
a separate offense.
SECTION 12, ANY PERSON, firm, or corporation violating the pro-
visions of Section 10 shall, upon conviction, be fined not less than five dollars nor
more than twenty-five dollars.
SECTION 13s 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 14. This ordinance shall not be construed to repeal any
of the health, sanitary, or food ordinances of the City of Wichita Falls, but shall be
cumulative thereof.
SECTION 16. This ordinance expressly repeals Ordinance No. 1079,
passed and approved by the Board of Aldermen on the 23rd day of November, 1931.
SECTION 16. The fact that the present ordinances of the City of
Wichita Falls are inadequate, and the fact that many establishments are now plying
their trade without a license, the fact that fruits and vegetables are now being sold
at wholesale in the City of Wichita Falls which are inferior in quality, unfit for
human consumption, mixed in grade, and sold as of a higher grade, the fact that fruits
and vegetables are now being stored, kept, packed, and sold in wholesale establish-
ments which are kept in unsanitary conditions and therefore dangerous to the health
of the public, and the fact that the health of the citisens of 'K ichita Falls needs
protection, creates an emergency; and the rule requiring the reading of ordinances
on three days is hereby suspended; and this ordinance is declared an emergency and
shall take effect from and after its passage and approval.
PASSED AND APPROV�,D THIS r'j DAY OF A.D, 1� .
ATTEST; Mayor.
CtyCero