86-29-Ordinance-Application and License for Itinerant Merchant, Vendor or Peddler Soliciting-10/20/1986ORDINANCE # 86-29
AN ORDINANCE OF THE CITY OF SANGER, TEXAS AMENDING
THE CODE OF ORDINANCES BY AMENDING CHAPTER 4,
SECTION 41 SUBSECTION C-41 AND BY ADOPTING TWO NEW
SUBSECTIONS, C-6 and C-7, AND BY AMENDING SUBSECTIONS
D, E. AND F TO READ AS FOLLOWS:
NOW THEREFORE BE IT ORDAINED by the City of Sanger,
Texas, that:
SUBSECTION C-4: LICENSE FEE AND ISSUANCE
The license fee for an itinerant merchant, intinerant vendor,
and/or peddler shall be ($50.00) Fifty Dollars; provided,
however, when any person, firm, company, partnership, corporation
or association engages in any activity mentioned within this
section through one or more agents or employees, such person,
firm, company, partnership, corporation, or association shall,
in addition to the ($50.00)_ Fifty Dollar fee mentioned above,
pay a license fee of ($10.00) ten dollars for each agent or
employee so engaged, all of which licenses shall be valid for
a period of 180 days from the date of issuance. Each vehicle
and/or separate location shall constitute a separate permit.
Nonprofit organizations shall be exempt from paying the fees
in this subsection at the discretion of the administering
authority, however, such organizations shall be required to
make application and obtain said permit.
SUBSECTION C-6: APPLICATION, CONTENTS
Any person desiring to go from house to house or from place to
place, or to set up and operate a temporary or itinerant
business within the premises of another business or any other
building or location, in the city, to sell or solicit orders
for goods, wares, merchandise, services, photographs, news-
papers, magazines, or subscriptions to newspapers or magazines,
shall make written application to the city secretary at least
(7) seven days prior to the date in which such person intends
to sell or solicit in the city, for a license so to do, which
application shall show the following:
(1) The name and address of applicant.
(2) The name and address of the person, firm or corporation
.if any, that he represents and the kinds of goods
offered for sale.
(3) Food handlers permit.
(4) Health card.
(5) The period of time such applicant wishes to sell or
solicit in the city.
(6) Proof that applicant has a proper sales tax permit
from the comptroller of the State of Texas.
(7) Any other reasonable and pertinent information which
the city secretary may require.
SUBSECTION C-7: BOND REQUIRED
The license application mentioned in this section shall be
accompanied by a corporate surety bond of a surety company
Licensed to do business in this state in the amount of ($1,000.00)
One Thousand Dollars, and conditioned for the final delivery
of goods, wares, merchandise, services, photographs, magazines,
MY SECRETARY
and newspapers in accordance with the terms of any 0
obtained prior to delivery and also conditioned to indemnify
any and all purchasers or customers for any and all defects
in materials or workmanship that may exist in the article
sole by the principal of said bond, at the time of delivery
and that may be discovered by such purchaser or customer
within (30) thirty days after delivery, and which bond
shall be for the use and benefit of all persons, firms, or
corporations that make any purchase or give any order to
the principal; provided, that in case the applicant is a
person, firm, company, partnership, corporation or association
shall be required to enter into only one bond, in the sum of
($1,000.00) one thousand dollars as above required, which bond
shall be made to cover the activities of all agents or employees.
The provisions of this article requiring the payment of a
license fee or the furnishing of a bond shall not apply to
persons engaged in interstate commerce as that term is defined
in this section.
SUBSECTION no EXEMPTIONS
The provisions of this section shall not apply to sales made
to dealers by commercial travelers or sales agents in the usual
course of business, nor to sales made under authority and by
order of law, nor to vendors of farm produce, poultry, stock,
or agricultural products of any sort in their natural state,
which have been produced by local vendors.
SUBSECTION E: PLACES WHERE SOLICITING PROHIBITED
(1) Each permit shall clearly define the sales route or
area. Permits must be based on ability to adequately
serve the area. No sales may be made from any street
or sidewalk which abuts a park or area containing a
licensed concessionaire, or business establishment,
or within (1,000) one thousand feet from such
concession, establishment or park.
(2) shall remain as written.
(3) shall remain as written.
(4) Any license issued hereunder may be revoked by
the administrative authority or his designate for
any violation by the holder thereof, or, whenever the
holder shall, in thejudgment of the administrative
authority, ease to possess the character and/or
qualifications required for the issuance of such
license.
SUBSECTION F: PENALTY FOR VIOLATIONS
Any person, firm, or corporation violating any provisions of
this section or failing to observe any provisions hereof shall
be deemed guilty of a misdemeanor and upon conviction shall be
fined in any sum not less than ($50.00) Fifty Dollars and
not more than ($1,000.00.) One Thousand Dollars and each and
everyday or fraction of a day during which this section, or
any part thereof, shall be violated, shall be deemed a separate
offense and punishable as such.
APPROVED this the day of eT'a', .
ATTEST:
wd 2 J
Acting City Secretary
A. D. 1986.