53-385 O - Regulating Itinerant Merchants (Ts
COMMISSION ORDINANCE NO. 385
AN ORDINANCE DEFINING AND REGULATING ITINERANT MERCHANT, ITINERANT
VENDORS, PEDDLERS, AND PERSONS SELLING OR TAKING ORDERS FOR GOOD,
WARES, MER('HANDISE, SERVICES, PHOTOGRAPHS, NEWSPAPERS, MAGAZINES,
OR SUBSCRIPTIONS TO NEr/SPAPERS OR MAGAZINES: PROVIDING FOR A LICENSE
AND A LICENSE FEE: EXEMPTING THOSE ENGAGED IN INTERSTATE COMMERCE
FROM LICENSE FEE, BUT REQUIRING SUCH PERSONS TO REGISTER WITH THE
CITY SECRETARY: AND PROVIDING PENALTIES FOR THE VIOLATION OF THIS
ORDINANCE, INCLUDING A FINE NOT LESS THAN 10 NOR MORE THAN 4100,
AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PROSPER,
TEXAS:
Section 1: That it shall hereafter be unlawful for any person to go
from house to house or from place to place in the City of Prosper,
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
magazines , without having first applied for and obtained a license)
to do so from the City Secretary of said City. It shall also here-
after be unlawful to sell or solicit in said City as aforesaid
without carrying such license while engaged in such soliciting or
selling.
Section 2: That any person desiring to go from house to house or
from place to place in the City of Prosper , Texas, to sell or
solicity orders fcr goods, wares , merchandise, services, photographs,
newspapers, magazines, or subscriptions to newspapers cr magazines,
shall make writ Len application to the City Secretary of the said
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, and whether such applicant upon any such
sale or order shall demand, accept or receive payment or deposit of
money in advance of final delivery, and the period of time such
applicant wishes to sell or solicit in said City.
4111%N.' Section
3: That an itinerant merchant or an itinerant vendor as the
terms are used in this ordinance shall be held to be any person,
firm, company, partnership, corporation or association engaged in
any activity mentioned 1:41 Section 1 hereof.
A
Section 4: That the icense fee for an itinerant merchant or itinerant
vendor shall be Provided, however, when any person, firm,
company, partnership, corporation or association engages in any
activity mentioned in Section One hereof through one or more agents
or employees such person, firm, company, partner1hizt corporation,
or acsoetItion shall, in addition to said ''' t above mentioned,
pay a license fee ofg0 for each agent or employee so engaged,
all of which licenses shall he valid for one year from the date of
their issuance. The fees herein provided for shall be used for the
purpose of defraying expenses incident to the issuing of said licenses.
Section 5: The provisions of this ordinance 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 or dairy products.
Section 6: The provisions of this ordinance shall not apply to
persons engaged in interstate commerce as that term is herein
defined; provided, however, that it shall be unlawful for persons
engaged in interstate commerce to go from house to house or place
to place in the City of Prosper, having first registered with the
City Secretary of said City giving the following information:
(a) Name, home and local address, if any, of registrant.
(b) Name, and address of the person, firm or corporation, if
any, that he or she represents or for whom or through
whom orders are to be solicited or cleared.
( c) Nature of the articles or things which are to be sold or
for which orders arc to be solicited.
(d) Whether registrant, upon any sale or order shall demand or
receive or accept payment or deposit of money in advance
of final delivery.
(e) Period of time which registrant wishes to solicit or sell
in said City.
The registrant at the time of the registration, as herein pro—
vided for, shall submit for inspection of the City Secretary written
proof of his identity which may be in the form of an automobile
operator's license, identification letter or card issued to registrant
by the person, firm or corporation for whom or through whom orders
are to be solicited or cleared.
The term "Interstate Commerce" means soliciting, selling or
taking orders for or offering to take orders for any goods, wares,
merchandise, photographs, newspapers or magazines, or subscriptions
to newspapers or magazines , which at the time the order is taken,
are in another state or will be produced in another state and
shipped or introduced into this city in the fulfillment of such
orders.
Section 7: Any person, firm or corporation violating any provisions
of this ordinance 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 A0.00, and not more than •,1.00.00,
and each and every day or fraction of a day during which this
ordinance, or any part thereof, shall be violated, shall be deemed
a separate offense and punishable as such.
Section 8: In view of the fact that this ordinance is necessary for
the immediate protection and preservation of the public health, `
safety and general welfare, it becomes necessary that this ordinance
shall be in full force and effect immediately from and after its
passage and it is accordingly so ordained. y1G
PASSED AND APPROVED ON THIS THEJn DAY OF •
Mayor
ATTEST:
City S rotary