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Ord 1079 11/23/1931 ORDINANCE NO. Q� AN ORDINANCE TO PROVIDE FOR LICENSING AND REGULATFNG PERSONS, FIMIS AND CORPORATIONS TO ZMAGE IN BUYING AND SELLING FRUITS AID VEGETABLES AT 71HOLESALF: WITHIN THE CORPORATE LIHITS OF THE CITY OF iICHITA FALLS, Th-XkS, RE, UIRIING TIE ISSUANCE OF LICEIV'SES, jROVIDrNTG FOR THE ISSUANCE OF LICENSES, REQUIRING BOND III CERTAIN CASES, =,1PTING IN FART CERTAIN PERSONS, DEFINING TERTIS, PROVIDING EI�TFORCE`iIMTT, PRESCRIBING DUTIES OF ENFORCING OFFICERS, PROHIBITIIZG THE SUPERSEDING THEREOF BY OTHER ORDINANCES, PROVIDING FOR THE DISPLAY OF LICENSES, FIX- ING PENALTIES, DESCRIBING OPERATION AND EFFECT, AID DECLARING AN =RGENCY. WI MREAS fruits and vegetables are now being sold at wholesale in the City of richita Falls, which are inferior in quality, unfit for human consumption, mixed in grade and sold as of a higher grade; and ITEREAS, fruits and vegetables are stored, kept, packed and sold in wholesale establishments which are kept in un- sanitary conditions, and therefore dangerous to the health of the public ; and VdIEREAS, in order to protect the health of the citizens of the City of iichita Falls, and prevent the citizens there- of from being defrauded, it is necessary to regulate the sale of said fruits and vegetables, and inspect and regulate establishments where such fruits and vegetables are kept, stored and sold: THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDEMLTLY\T OF THE CITY OF 7'ICHITA FALLS, TEXAS, AS FO1JL1O S'S: SECTION ONE: It shall be unlawful for any person, firm or corporation to maintain and operate an estab- lishment 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 TWO : Every person, firm or corporation, before opening, maintaining and/or operating such an establishment for the purposes stated in Section One, shall make application for each establishment maintained and operat- ed 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 distri- bution 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 THREE: ' Upon filing said application, properly filled out, and paying the City Clerk a license fee of One Hundred Dollars for each and every establishment main- tained and operated, said City Clerk shall issue a license or licenses to said applicant to operate said establishment or establishments for and during one year from date of issuance. SECTION FOUR: In case the financial responsibility of the applicant is doubtful, the City Clerk is hereby authorized and directed to require applicant to file a surety bond not exceeding the amount of Five Thousand Dollars for the protection of retail merchants and the citizens of the City of Wichita Falls against frauds and misrepresentations. SECTION FrIE: 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 they have produced grown the products to be ld, and suchlienses shall so state. SECTION SIX: 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 �t r .l t ;hq -esale" as used in +� The term o �q o, k` vegetables by any Sectiono r `dnd or corporation, shall mean the set in- person, firm, this ordinanceox corporation to any other P such fruits or person, firm, the buyer to consumers Of which are to be resold by vegetables. 11117kJCV V U11 I'rults � yu v .UUUUoies nought and sold at wholesale, and he shall have _ power and authority to condemn any tables which are unfit for human consumption or which shall have been or shall be misrepresented as to grade, quality or condition. It shall be the duty of the City Ivianager upon recommendation of the inspector, to revoke the license of any licensee who shall intentionally misrepresent the quality or grade of any fruit or vegetables offered for sale. SECTION NINE: 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 corning under the classification of this ordinance from taking out a license as provided for by this ordinance. SECTION TEN: 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 ELEVEN: Penalty. Any person, firm or corporation which shall hereafter have such establish- ment as defined in this ordinance without first having ob- tained license so to do shall, upon conviction, be fined not less than Twenty Dollars and not more than Two Hundred 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 TWELVE: Any person, firm or corporation violating the provisions of Section Ten shall, upon conviction, be fined not less than Five Dollars nor more than Twenty Five Dollars. SECTION THIRTEEN: 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 FOURTEEN: This ordinance shall not be construed to repeal any of the health, sanitary or food ordinances of the City ofrichita Falls, but shall be cumulative thereof. SECTIOiv FIFTEEN: The fact that the present ordinances of the City of ':Jichita Falls are inadequate, and the fact that many establisluuents 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 establishments which are kept in unsanitary conditions and therefore dangerous to the health of the pub- lic, and the fact that the health of the citizens of sichita Falls needs protection, creates an emergency; and the rule requiring the reading of ordinances on three several days, is hereby suspended; and this ordinance is declared an emergency ordinance and shall take effect from and after its passage and approval. 4 PASSED and APPROVED this �_-th day of November, A. D. 1931. ATTEST: Tvlayo r. City Clerk. Nov fiber 7, 1 31 - r- rlalter Uelsx-i, Jr. gayor Falls Texas Dear Sir: Ref'erria.g T-0 the ordinance propoe a license On all wholesale sellers and distributors Of fruits and vegstables which will probabkr ca-ae up before the Council .lext Uandcay n.iGht, one of the ald0mon suc;este3d that I grits"a le,J .er to you GivijV rW endorsement of the ordi n aatzoe. If this regulation specifically exce;its producers of fruits and vaCetablos. or if such producers are not mentioned In the ordi ice but frc:a a reasonable interPretatinf, it a;,-zi be see-n that they are not ip?cluded, T t3dnl such a regulation will bes ilho .esone for the city, ez$ nrell as ea-I�ancour4GCMent to pearsons who Ilavo established bus3a.esc--or3 and gra«ers In our retail trade territory. Yours vory truly, re Idont JT3S-� Copy: Air. Geo. Keith. J R.D..KENNEDY,PRESIDENT B.A.$TAYTON,VICE-PRESIDENT JEAN MONTGOMERY,SECOND VICE.PRESIDENT MEMBER TEXAS RETAIL CREDIT BUREAU ASSOCIATED RETAIL CREDIT MEN OF TEXAS RETAIL MERCHANTS ASSOCIATION OF TEXAS NATIONAL RETAIL CREDIT ASSOCIATION - Retail Ar r4attta . ssilrt Mott JOHN W.THOMAS,MANAGER MRS.LESLIE HUFFHINES,SECRETARY DIRECTORS 804 EIGHTH STREET -B.A.STAYTON JOE.L.ART DIRECTORS THOS.E.NOBLE GEO.W.G Publisher of JEAN MONTGOMERY UTZMAN J.M.SPOONTS JACK C.BARNARD L.E.MQCONNELL LUTHER HOFFMAN ORAL JONES R.D.KENNEDY P.G.PUTTY Credit Rating W.S.LACE O B W.NEWTON HUFF MARVIN SMITH A.C.MOLINE Books HORRACE ROBBINS J.E.H.RAILEY BERT J.BEAN H.R. HANKS E.M.CRUMP JOHN E.BUTTS rave11s� s At a meeting,of the Retail Merchants Association, held at the Chamber of Commerce Rooms, Thursday 2 00 P M November 5th, 1931, it was voted that this Aseocia.tion endorse recommend and approve the enactment by the Board of Aldermen of the City of Wichita Falls: 11An Ordinance to Provide for Licensing and Regulating Persons, Firms andCorpvrations who engage in Buying and Selling Fruits and Vegetables vrlthin the Corporate Limits of Wichita Falls, Texas Etc," and that the Secretary of this organization be authorized to pre- pare a written momerto of this action of the Retail KerchantsyAsso- ciation- recomnend.ing the enactment of such ordinance, and transmit the same to the Board of Al c_ermen of the City of Wichita Falls. It is the desire of this Association to assist in any way possible to regulate the promiscuous sale of fruits and vegetables by WhIole- salers and Peddlers but we desire to take no stand that might inter- fere with our own farmers and truck growers in the marketing of commodities grown or produced by them. Res ectfully, R - L N {' C':iLT:4TS AS IATI0 By Manager.