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Home My WebLink AboutOrdinance - 622-1939 - Providing For The Requirement And Issuance Of License Permits Vendors - 07/27/1939( " c-.-. -Did not .Pass second reading -----~ 0-::f -2.:1 -1~39 . ., / ORDINANCE NO J 6 r V AN ORDINANCE PROVIDING FOR THE REQUIREMENT AND ISSUANCE OF LICENSE PERMITS TO ITINERANT VENDORS IN THE CITY OF LUBBOCK; DEFINING ITINERANT VENDOR; REGULATING THE SALE OF GOODS, V'cARES AND MERCHANDISE BY ITINERANT VENDORS IN THE CITY OF BUBBOCK : FOR THE BENEFIT OF THE PUBLIC; PROVIDING PENALITIES FOR THE VIOLATION TH EREOF; REPEALING ALL ORDINANCES AND PARTS OF GRDINANC~S INCONSI8r ENT THEREWI~H. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK,TEXAS: Section 1 .. The term 11 Itinerant Vendor 11 means and includes and shall be construed to mean and include all persons, firms and corporations, as well as their agents and employees, who engage in the temporary or transient business in the City of Lubbock, Texas, of selling, or offering for sale, any goods, wares or merchandise, or exhibiting the same for sale or exhibit- ing the same for the purpose of taking orders for the sale thereof; and who for the purpose of carrying on such business or conducting such exhibits thereof either hire, rent, lease or occupy any room or space in any building, structure, other enclosure, vacant lot or any other property whatever, in said City of Lubbock, in, through, or from which any goods, wares or merchandise may be sold, offered for sale exhibited for sale or exhibited for the purpose of taking orders for the sale there- of. The word 11 temporary11 as used above means and shall be construed to mean any such business transacted or conducted in the City of Lubbock for which definite arrangements have not been made for the hire, rental or lease of premises for at least 90 days in or upon which such business 1 s to be opera ted or conducted. The word "trans ient11 as used above me ans and shall be construed to mean, any such business of any such Itinerant Vendors as may be operated or conducted by persons, firms or corporations, or by their agents or ·employees who r e side away from the Ci t y of Lubbock, or who have fixed places of business in places other than the City of Lubbock, or who have their headquarters in places other than the City of Lubbock, or who move stocks of goods, wares or merchan- dise or samples thereof into Lubbock with the purpose or intention of removing them or the unsold portion thereof Qway from said City of Lubbock before the expiration of ninety days, provided however, that the term "Itinerant Vendor, u as defined herein, shall not include or be construed to include any one engaged in interstate commerce, nor any one upon whom the provi sions of this ordinance would impose a direct and -a- unlawfUl burden on interstate commerce. SECTIW 2. I!IWRANr VE:NDOR KUST HAVE LICENSE: \....._; . PROVISIONS: It shall hereafter be unlawful for any Itinerant Vendor to sell, offer tor sale, exhibit for sale, or exhibit for the purpose of taking order a tor the sale thereof, any goods or merchandise in the C.ity ot Lubbock~ without first obtaining a license permit as herein provided for. The assessor and collector ot taxes for the City of LubboCk shall issue to any Itinerant Vemor a licenae permit authorizing sueb Itinerant Vendor to sell, ezh1b1t tor sale• otter for sale, or exhibit for the purpose of taking orders for tbe sale thereof, in tbe C1tJ of Lubbock, his goods, wares or m&l'chandille onl7 atter such Itinerant Vendor aball have tully complied with all proYiaions of thia ordinance and made payment of the sua of Mtt7 ($5o.oo) Dollars tor such permit licenae, and which sum shall be compensa- tion to the G-itJ of Inbbock for tbe services herein required of it am to enable the City of Lubbock to partially de~a7 the expenses ot enforcing the provisions of this ordinance; provided: (a) The Itinerant Vendor shall make application to the assessor and collector of taxes at least ten daJS prior to the date of his contemplated sale or eXhibit to be held in the City ~t Lubbock, WhiCh application shall be in the form ot an affidavit stating the fUll name and address of the Itinerant Vendor, ~e location of his or its principal office aDd place ot business~ the names and addresses of ita officers if it be a corporation, and tlle partnership name and the names and addresses of all partners if such Itinerant Vendor be a firm; (b) Before said license permit shall issue, the application therefor must be accompanied by: (1) A statement showing the kind and character of the goods, wares or merobaDdise to be sold~ offered for sale, or eXhibited. (2) A certified copy of the charter it the Itinerant Vendor be a corporation incorporated under the laws of tbe State ot Texas. (3) A certified copy of its permit to do business 1n Texas it tbe Itinerant Vendol' be a corporation incorporated under the laws of so.me state other than Texas. (4) A bond in the sum of not less than t and it shall be executed by the Itinerant Vendor as principal and by same reliable and -a- responsible surety company~ that has a permit to do bUsiness in Texas, whieb bond shall be payable to the Karor ot the QJ.t:y ot lubbock, and his successors in office, tor the use and benefit of any person or persona entitled thereto and conditioned that the principal and surety will pay all damages to~ ~rson or persons caused by, or rising from, or growing out of, the wrongful, fraudulent, or illegal conduct of the Itinerant Vendor while conducting a aale, or exhibiting tor sale, any item and/or article of merchandise not exempt by this Ordinance in the City ot Lubbock, !exaa. The bond shall remain in full force and effect tor the entire duration of the license permit as provided herein and two years thereafter. SEC. 3. The license permit provided tor herein shall not be transferable nor give ·authority to more than one person to conduct a business as an •Itinerant Vendor• but any person having obtained such license may have the assistance of one or more persona 1n conducting said business. SEC. 4. The license as }m)V1 ded he:rein shall continue so long as such sale or J exhibit is continuously held in the ~ity of Lubbock, but in no event shall it continue tor more than ninety days from the date of ita issuance. Such license permit Shall be prominently displayed in a conspicuous place on tbe premises Where such sale or exhibit is being conducted and shall remein so displayed so long as any goods, wares or merchandise are being so sold or exhibited. SEC. 5. This Ordinance 1a not, and shall not be held to be applicable to the; (a) Ordinary commercial traveler who sells or exhibits tor sale goods, wares or merchandise to parties engaged in the business of buying and sell- ing aDi dea11Dg in goods, wares or merchandise; (b) Vendors of farm produce, poultr7, stock, or agricultural products in their natural state; (c) Sales ot goods, wares or merchandise donated by the owners thereof, the proceeds Whereof to be applied to an7 charitable or philanthropic purpose. SEC. 6. The dul7 constituted autbor1t1es of the City of' Lubbock, including the police Department, Assessor and Gollector ot. ~axes aDd othem having the duty ot en·torcing the ordinances of the Citr of Lubbock, shall o·· ~r <:1 • • ... enforce the provisions hereof and allow no "Itinerant Vendor" as here defined to conduct his business without full compliance herewith. SEC. 7. Any person violating any of the provisions· of this ordinance shall upon conviction oe fined not less than ~ven t y-five ($25.00) Dollars, nor more than One Hundred ($100.00) Dollars, and each sale, offer for sale, exhibit for purpose of s ale or exhibition for the purpose of taking orders for the sale thereof shall be a separate offense. SEC. 8. In the event any section, sub-section, sentence, clause or phrase of this ordinance shall be declared or adjudged invalid or unconstitution- al, such adjudication shall in no manner affect any other sections 1 sub- sections, sentences, clauses, or phrases of this Ordinance, but all the rest, hereof shall be in full force and effect just as though the section, sub-section, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part thereof. SEC. 9 All ordinances or parts of ordinances inconsistent or in conflict with the provisions of this ordinance shall be and are hereby repealed. SEC. 10. There being now no sufficient. or adequate r e gulations governing the sale, offe r for sale, exhibition for sale and/or e xhibition for the pur- pose of taking orders for the sale of goods, wares or merchandise by Itinerant Vendors in the City of Lubbock; and it appearing that the con- duct and operation of such business enables unscrupulous persons to defraud and deceive our citizens under circumstances where our citizens are left without adequate legal remedy; and it further appearing that other evils and abuses exist in connection with such business, said business of such Itinerant Vendors is hereby declared to be one affected with a public i n terest, and the public policy of regulating said business is hereby declared and established. Passed and Approved by the City Commission of the City of Lubbock, Texas, first reading this the 27th day of July, A. D. 1939. Pas sed and Approved by the City Commissioneof the City of Lubbock, Texas, second and final reading this the ATTEST: CITY >::.t~;CR~'rAHY ______ day of July, A. D. 1939. MAYOR ORDINANCE # t1zz FIRST READING ONLY NO FINAL PASSAGE