1955-1-Ordinance-Regulating Itinerant Merchants, Vendors, Peddlers Soliciting-02/07/1955CITY SECRETARY
ORDINANCE 1955-1
AN ORDIN.hnun DEFINING AND REGULATING ITINERANT MERCHANTS,
:f'P_INERA.N'T' VENDORS, PEDDLERS, AND PERSONS TAKING ORDERS
FOR OR OFFERING FOR SALE, GOODS, WARES, MERCHANDISE,
SERVICES, PHOTOGRAPHS, NEWSPAPERS, MAGAZINES, OR SUB
SCRTPTIONS TO NEWSPAPERS OR MAGAZINES IN THE CITY OF
BANGER; PROVIDING FOR A LICENSE AND LICENSE FEE; PRO
I{IBITTNG SELLING OR SOLICITING WITHOUT THEN CARRYING
SUCH LICENSE WHITE SO ENGAGED; REQUIRING SUCH PERSON OR'
PERSONS TO MAKE APPLICATION FOR LICENSE, THEREIN MAKING
FULL DISCLOSURE OF ALL MATTERS PERTINENT TO SUCH ACTIVITY;
1lESTRICTION OF ACTIVITIES; EXEMPTING THOSE ENGAGED IN
INTEP,ST.ATF' COMMERCE FROM i_ ICENSE FEE BUT REQUIRING SUCH
PERSONS TO REGISTER WITH AND OBTAIN A PERMIT FROM THE
CITY SECRETARY AND SUBMIT ALL INFORMATION PERTINENT TO
SUCH ACTIVITY; OTHER PERSONS EXEMPTED FROM LICENSE FEE;
PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE®
BE :I:T ORDAII IED BY '.I'HE CITY COIJNCTL OF TI-I"E CITY OF SAIVG.ERs
Section .® This entire ordinance is and shall be deemed a.n exer®
cise of the police power_ of the State of Texas, and of the City of
Sanger, for the public safety, comfort, convenience and protection
of the city and citizens of said city, and all of the provisions
hereof shall be construed for the accomplishment of that purpose,
Section ?® That it shall hereafter be unTaw:i'u7_ for any person to
o from house to house or from place to pl..ace in. the City oi' Sa.nger0
Texas, soliciting, selling or taking orders for or offering to sell
or take orders for any goods, wares, merchandise, services, photo
graphs, newspapers, magazines, or subscriptions to newspapers or
tna.gazi_nes, without .having first applied for and obtained a license
so to do from the City Secretary of said City. It shall also
hereafter be unlawful to sell, or solicit in said city as aforesaid
without carrying such license while engaged in such soliciting or
selling,
Section 3g That any person desiring to go from house to house or
from pl_a.ce to place in th.e Ca_ty of Sanger, Te.acas, 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 of said City, the
date on which such person intends to sell or solicit in the City,
for a license so to do, which application shall show the name and
address of applicant, the name and address of the person, firm, or
corporation, if any, that he or she represents and the kind of
goods offered for sale, whether such applicant upon any such sale
or order shall demand, accept or receive payment or depos:i_t of
money in advance of final_ delivery, and the period of time such
applicant wishes to sell- or solicit In said. City®
WARY
'
Section 4. That an itinerant merchant or any itinerant vendor as
the terms are used in this ordinance shall be held to be any per
son, firm, company, partnership, corporation. or association en®
gaged in any activity mentioned in Section two hereof.
Sec-ij.!jKL..w Proh.ibi_ted areas s (l) , l t sha.11_ be unlaw� al_ for any
person to whom a license i-s issued hereunder, to sell, peddle or
solicit and or take orders for goods, wares, merchandise, sub
sc:r.ptions to magazines and newspapers, photographs to be taken
in the future, or any article for .future delivery, within the fire
limits of the City of Sanger, (2), Such persons shah., not go to
any back door of any house in the City of Sanger, (3 ), Such
person shall riot operate or work From house to house in Sanger,
between the hours of seven o°clock p,m, and nine o'clock a.m., on
the following day, (4). Any license issued hereunder may be
revoked by the City Marshal, for any violation by the holder thereof,
or, whenever the holder shall a_n the judgment of the City IMarsha.l.,
cease -to possess the character anal or qualifications required for
the issuance of such license,
Sec-t3 on 6, No license hereunder sha,l.l be transferc�,bl_e and any
person licensed hereunder who permits, suffers, or allows any
other person to exhi.bit, show, or expose said .license for the pur�
pose of avoiding the provisions or penalties of this ordinance
shall, in addition to any or all other penalties herein provided,
cause said license to be automatically and permanently revoked by
such art.
S�cti on �® 1'lze Cif;y Secretary sh.al..l issue the following licenses,
subject to compliance with the provisions of t:h._s Ordinance, upon
the payment of the following Fees, to�wi t s
(A), For iti.ne_ran+; pho-tographerls the license fee shall be
�5, 00 cash. in advance :for a, period of 90 days,
(B) , For peddlers using and driving any sort of vehicle in
their business, upon the streets o�:f Sa.nger, tkze license
fee shall be $3,00 per day, cash in. advance,
(C) , For i--t7enera.nt vendors the license fee shall_. be $200O0,
cash a.n adva.nce :fora per7_od of one year®
Seotion. The provisions o.f this ordinance shall. no-t apply to
sa���s m��,de -t;o dea.l..ers by commerc_a,l- travellers or sales a.gen.ts i..n
the usual course of business, nor "to sales _made under authority
and by order of law, nor to vendors of :farm produce, poultry, stock,
o_r agra_oul (;oral- products of any sort in. their na,state, wha;Oh
have been „produces by such, vendors,
(2)
SOWM'� jy
IGINAL cop
,ec f ,Io.r 9. The provisions of this ordinance requiring th.e pay-
nent of a l..i_cense :fee shall not apply to .persons engaged in in®
terstate commerce as that -terra is herein de:fined,o provided, however,
t hat; :' t shall be unl awfu.�l for persons engaged in interstate
commerce to go .from house to house or place to place in the City
of Sanger without having First registered with and obtained a. perm.] It;
:from the City Secretary of said City g1vi.ng the following :nforma.tlons
(a.) Name, home a.ddrei�>s arZd lvocal (Address, if arry, o.f .r.ega.strant0
(b) Name, and address of the person, firm or corporation, ]If
any, that he or she represents or for whom or th:ro'(.1gh.
whom orders are to be soli.oited or cleared®
(d) Nature o:f the ar°ti_cles or things �nrhich a.re to be sold
or, fort wh.Ich orders are to be sol _ci_-tede
( d) Whether registrant, upon any sale or order shall demand
or receive or accept payment or 'deposit of mnney in ad�
vance of f final: delivery®
(e) .t eri od of Li,me wh.ioh. registrant wishes to soJ c i t or sell.
in said. City,
'l�he registrant a.t the time of tkre regi_s-t;ration, as here: n prov:,ded
for, shall submit for inspection of the City- Secretary written
proof of hi_s identity which may be in the r"". o:rra of an automobile
operat;or's l.i.cer�se, i_derrt:i.fi_ca.-M on letter or card issued to reg�
istrant by P the person, firm or corporation for whom or through whom
orders are to be soli.cl-ted or cleared.
The te:rrn "Tnters-itate Commerce" means sol_0c0
_1t4
.ng, sell i.ng or talc_ng
orders _for or offer. ing, to take orders for a.ny goods, wares, mer�
chand:i..se, photographs, newspapers or magayii..nes, orsubscriptions
to newspapers or magazines wh].ch, at the time the order is -taken.,
--ire in another state or will be produced in another state and
shipped or introduced in lto this City in the fulfillment of such.
orders®
Sec%i_on1.0� Any :person, :fi.rrn or corpo.r.ation violating any provi.siora.s
o:f -th.i.s ordinance or fai.l_i_ng f;o observe any prow:i.si ons hereowi' sha.l-1
be deemed guilty of a, m.i.sdemean.or and upon conviction shall. be fined
in anysum not less than. 1'5®00 and not mot
e than i
;ertion I.T. zf any section., pa.ra.graph, su1adavisi°on, clause,
or prov�r.si.on. of th.i.s ord_iena.n.ce sh.a.l 1 lie ad judged i.nva,lid or,
uncons-1t1tutlona-1, the same shall not; affect the validity of
ordinance as a whole, or any part of provisionP. hrr�f, other
the part of so decided to be Invalid or unconstitutional®
phrase
held
th a; s
r than.
Sec ti on. , Th,i_s ordlnan.ce shah_ al e effect at d be :in ,Force from
,.n.d of ter s passes ,e and. pub.Tioat:i.on as pro ri.ded by law
1'ASSFD AND APPROVED THIS THE VV I DAY UP T 'ebr zar,r 9 h.°D° i_9
ATTFSTE
C.i..t r Seer_ etar r