Loading...
Ord 0986 7/18/1928ORDI_1A,rCE AN ORDI`,;A:`CE PROM rITT ;G AT ti �OI`T, FI; � C�,wT7CRATI r,,; FROA4 ELTGAGIIIG IId' THE BUSI . SS CF I TI � .?L? i1T VEI; AOR ''I Tei; UT FIRST HAVIi'G OBTAINED A LICL:.`rS?', LEFIIII 1?G "HE ""r0I-�D I;ITI` ERAT?T VENDOR" , FIXING A LICE S.� I'EE, RI��'wUIRI1�TG A BOND FR1)7',' SUCH PER- SC)`rS,FSCR1BI-]`G AF'77ALTY. BE IT ORDAIINTED BY THE BOARD OF ALDER",?E'1�1 OF THE C17V OF WICHITA FALLS, TEXAS: SECTION 1; Th, ­t no ?,)erson, _i-'ir 1. or corporation sh,,.11 engage in t:ne bu.su_ness of a,n itinerant vendor in the City of Wichita Falls wichout first having obtained a license from the City ITanaC_ r of the City of Wichita Falls, as hereinafter pro - vi ded. SECTION 2: That the words "Itinerant Vendor" shall be construed to mean and include 11 persona, firms, corporations, or their agents who engap•e in temporary or transient business in the City of Wichita Falls, selling; goods, wares or merchan- dise, and. who for the purpose of carrying on such business hires, leases or occupies any" room, building or structure for the ex- hibition or sale of such goods, wares or merchandise. Any vendor who sloes not intend in good faith to eng=age in said business for Ca, period of at least six months in the City of Wichita Falls, Texas, shall be deemed to be conducting a tem- porary or transient business and no person, firm or corporation so engaged shall be relieved from the provisions of this ordi- nance by reason of being temporarily associated with any local dealer, trader, merchant or auctioneer, or by conducting said tem- porary or transient business its. connection irrith, or as -a mart of any local dealer, trader, merchant or auctioneer. SECTION 3: Th,., -L" th-orbvisions of t,pis ordinance sha,7.7_ not apply to sales made to dealers by coni _ercial travelers or selling a,ents sale of in tine us-d�,l coui'se of busineas, nor to 'bona fide goods, wares or n.erchand`is_e by sample for future delivery nor sales Ornade under a.zthority and by order o -i' law. SECTION r 4: Th t any pe:son, fizrrn or corporation sellin,); or o:ferin r for sale anjT goods, w ,res or merchandise under tie pro__ visions of this ordinance, shell in describing; s,�4ne be truthful with respect to the character, quality, kind and. description of the same, and a:ny such statements for the purpose zereof shall I construed as warranties and -anyof file sha.1.1 be punishable as he3_•einafter provided. SECTION 5: That any person, firm or corporation desiring to enmate in the business of itinerant vendor as herein defined 1"I ^'y obtain a., license therefor from the City ?;?ant�ger of the City of ",richita. Falls upon payi.n�; the assessor and. collector of t�;xes a, license fee of FIFTY (; 50.00) DOIrLARS, C,nd by filing, with the City Clerk a bond. to be ti:?proved by said Clerk in the Jsum of Ten Thousand (.10,000.00) Dollars, executed by the applicant and solvent corporation incorporated under the laws of the State of Texas, or having a, permit to do a bond.irn{r business in the State of Texas, which bond shall be payable to the.2ayor of the City of Wichita Falls, Texa,.s, and his S-accessors in office for the use and benefit of any and all persons as his )r their int erect m�.y appear, who :hall have cause of action a-a.i.nst principal in said bond by virtue of ti -ie misconduct, misrepresentation fraud or fai lure to faithfully Deep the acreements and warrants of said bond, his a.,�•ents, servants or employees, in connection with the r conduct of sa d business; T,rhic1h bond shall be conditioned for the prompt payment of any jud.grnent La.rJ•ainst sa:dd ,,,)rl.n.cipal or surety in any civil suit in a, court of competent jurisdiction which he, or they, may be condemned to pay on account of mis— conduct, misrepresentation, fraud, or failure to keep ac,,reernents and. ,-rarrants, and_ tlarlt sa.ic�_ pi°!_n.ci p^1 vti.11 failh`ully observe the ordinances of the City of '„richit�a, F+gjls; and further con— ditioned that any person having a cause of action against said principal as above provided, shall havethe right to sue both. prin— cipal and_ surety, or principal without joining the surety, or surety without joinin the pri ncinal. SECTION 61 The -permission to conduct the business of itinerant vendor :hall iD e ra.n.t ed. by the City °, ana,ger only upon application of t'ae person, firm or corporation desiring the same, filed with him in writing, ��rhich shall state tie name of the applicant, the residence, street and number of the ?proposed place of selling, and. shall set forth in detail the goods to be sold and what statements or representations are to be made or adver— tised as to the same, and the length of time for which the permit is desired, and if previously enge"ged in like or similar business to designate all the places where the same was conducted, and shall furnish further evidence if required by the City i,Ranager necessary to establish the truth of the statements :.lade in said application, which license so granted shall terminate one month after the issuance of the same unless the person, firm or corpo— ration securing; the same shall pay to the assessor and collector of taxes the a. _ditional sura of Ten Dollars for each additional month he desires to continue -in said business. inhere applicant continues said business for six months or more in any one place, in addition to the Fifty Dollars charge for the first month an applicant shall pay an additional sum of F'ive Dollars per month. SECTION 7: That the fact that said person, firm or compo— ration takes a. lease on a. place or build:.in wherein said person, firrn or corporation intends to carry on thou business for a period less than six months, shall be sufficient evidence to warrant the finding that said person, firm or corporation is an itinerant vendor. SECTION 8: Any person, firm or corporation, -their agent, servant or employee, who is engaged in the business above defined ar,rithout securing' a. license herein r_,rovided for, or who shall violate any of the provisions of this ordinance shall be deemed juilty of irisdemeanor and upon conviction thereof, shall be fined in any sum not less than Fifty Dollars, nor more than Two Hundred Dollars, and each and ever, day th`.at 01 -lid �ae:rson, :._Firm . or corporation shall engarye in such business ,,1Tithout such license shah!_ constitute a separate offense. StoftOLT-,9: If any prbvibi:ons of this ordinance should for any reason be held void, same shall not effect the remaining provisions of this ordinance, and they shall continue in full force ".rid effect. PASSED AavD APPROVED this day of June, A.D. 1928. ATTEST: CITY CLERK. 11AY Or . WHITEHALL, MICHIGAN City Clerks Wichita Falls, Texas. Dear Sir: May 22nd, 1528. Will you kindly advise us what the cost of an Itinerant Vendor's License is in your Gity - for a Salesman to visit your City once every six months and to advertise in your newspapers, rent a room for three or four days in an Office Building or Hotel and retail his merchandise and deliver his merchandise to each customer personally at the time of sale? This inquiry refers to a Salesman selling Arch Supporters. For your convenience we are listing the question below and would thank you to fill out same and return thin letter to us as soon as possible, and oblige. Enclosed please find self-addressed envelope for reply. Very truly yours, ILA. y boy. �i The Itinerant Vendor's License for this City is per day, ger month and per year. City Clerk.