1949 Ordinance - Peddling
PEDDLING ORDINANCE
AN ORDINANCE REGULATING THE SALE OF BANKRUPT, FIRE OR WATER
DAMAGED STOCKS OF MERCHANDISE OF, GOODS, WARES, MERCHANDISE OR
ANY OTHER COMMODITY BY ITINERANT MERCHANTS ; REGULATING THE
SOLICITING, SELLING OR TAKING ORDERS FOR GOODS ,WARES, MERCHANDISE,
SUBSCRIPTIONS TO MAGAZINES OR NEWSPAPERS, EXPOSING PHOTOGRAPHIC
PLATES OR FILMS TO MAKE NEGATIVES, OR MAKE PICTURES OR PHOTOGRAPHS
FOR FUTURE DELIVERY OR ANY OTHER ARTICLE FOR FUTURE DELIVERY BY
ANY PERSON WHO GOES FROM HOUSE TO HOUSE OR FROM PLACE TO PLACE IN
TlIE CITY OF WYLIE, TEXAS; REQUIRING SUCH PERSON TO APPLY FOR AND
OBTAIN A PERMIT OR LICENSE THEREFORE; REQUIRING A SURETY OR OTHER
BOND WHRE APPLICANT FOR PERMIT OR LICENSE WILL RECEIVE, DEMAND
AND/OR ACCEPT PAYMENT AND/OR DEPOSIT MONEY IN ADVANCE OF DELIVERY
OF ARTICLES SOLD; FIXING FEES TO BE CHARGED FOR VARIOUS CLASSES OF
LICENSES OR PERMITS; PROVIDING A PENALTY FOR THE VIOLATION OF THIS
ORDINANCE IN AMOUNT NOT EXCEEDING $100.00.
BE IT ORDAINED BY THE CITY COM ISSION OF THE CITY OF
WYLIE, TEXAS:
Section 1, That it shall hereafter be unlawful for any itinerant
merchant who may remove from place to place and sell or offer for
sale any bankrupt, fire or 'water damaged stock of ill,r chandise, or
goods, wares, or any other c011Lrlodity or for any person to goo i'rom
house to house, or from place to place in the City of .~ylie, Tnxas,
soliciting;, selling, or taking orders for goe.ds, wares, ~nerchandise,
subscriptions to magazines, or newspapers, to epose plates or films
to make negatives, to make pictures or photographs for future delivery,
or any article for future delivery without first applying for and
obtainining a permit or license to do so from the City Secretary of the
City of Wylie, Texas.
Section 2:. That, any person desiring to engage in the business
of itinerant merchant or that of peddling within the corporate
limits of the City of Wylie, Texas, shall make written application
for a permit or license to do so to the City Secretary of the
City of Wylie, which application shall show the name and address
/'
of the applicant, the name and address of person, firm, or corporation
which such applicant represents, the kind of goods, wares and
merchandise offered .for sale, and whether such applicant upon any
such order so obtained will demand, accept or receive payment or
deposit of money in advance of final delivery, and the period of
time such applicant wishes to so solicit, sell or take orders in
the City of Wylie. Such vvritten application shall be accompanied
by a fee of fifty cents ane no permit hereunder shall be issued,
until such fee has been paid by applicant and such written application
has been so filed with the City Secretary of the City of Wylie for
a period of tvventy-four hours.
Section 3. .,Were the application for such permit and/or license
herein provided shows that the applicant will not demand, receive
or accept payment, and/or deposit money in advance of final delivery
of such goods, wares, merchandise, or articles to be sold, and/or
solicited by such applicant, it shall be the duty of the Secretary
of the City of Wylie, to issue to such applicant a permit upon
payment of fee in accordance with Section 4 of this Ordinance to
solicit, sell and take orders for such goods, wares, merchandise,
and/or articles set out in such applicant's application for such
permit vvithin the City of Wylie for a period of twelve months,
except that of itinerant merchants, from the date of the issuance
of such permit. If the application shows that such applicant shall
receive, demand, and/or accept payment and/or merchandise, and/or
articles sold, then such application shall be accompanied by a
bond in the penal sum of Five Hundred ($500.00) Dollars executed
by such applicant as principal and a surety company licensed to do
business in the State of Texas, or by two financially responsible
owners of property situated in the State of Texas subject to execution
of the value in double of the amount of said bond, conditioned upon
making final delivery of such goods, wares, merchandise, magazines,
newspapers, plates, films and photographs and articles in accordance
with the terms of such order and/or orders obtained and which bond
shall be for the use and benefit of all persons, firms or corporations
who may pay in advance or make any advance deposit on the pruchase
price of said orders and shall stipulate in its terms.
Section 4. The City Secretary of the City of Wylie shall issue
license upon the payment of the following fees, to-wit:
For itinerant merchants offering for sale bankrupt stock,
fire and water damaged stock, or goods, wares ,merchandise, or
an other commodity for a limited time of one month or less
For each additional month for each of the net five months
or fraction . . .
If merchant liable to above named fee remains more than
six months and up to twelve months for each additional month
or fraction thereof
For traveling medicine vendors
For medical specialists . . . . . . .
For making negatives, exposing plates or films or
making photgraphs or pictures
For magazine or newspaper subscriptions
. .
For peddling, using motor vehicle .
. . .
. .
For foot peddlers .
.
Provided private persons offering for sale agricultural products,
meats, poultry, or other articles of food grown or produced by
such persons shall not be required to pay the license fees, but
license shall be issued to such persons by the City Secretary upon
satisfactory proof that they have produced or grown the products
to be peddled and such license shall so state.
All licenses to be issued for period of twelve (12) months from date
of issuance.
Section 5. That such licenses shall not be issued to any person
authorizing peddling in the fire limits, and any and all peddling is
prohibited in the fire limits of the City of Wylie as now or that may
hereafter be established by ordinance.
Section 6. That it shall be unlawful for any peddler to take stand,
or stop, or stand his vehicle on any public street within the corporate
limits of the City of Wylie for a longer time than ten (10) minutes.
Section 7. That all peddlers shall in all respects comply with all
other ordinances of the City of Wylie, applicable to such persons;
and this ordinance shall not be construed to repeal any of the health,
sanitary, or food ordinances of the City of Wylie, but shall be
cumulative thereof.
Section 8. That any person violating any of the provisions of this
ordiance shall upon conviction be fined any sum not more than One
Hundred ($100.00) Dollars; and each and every day any person shall
peddle without a license shall be a separate offense.
Section 9. That, if any section, subdivision, clause, or phrase of
this ordinance is for any reason held to be unconstitutional or void,
such decision shall not affect the validity of the remaining portions
of this ordinance.
Passed and approved, this the
do
day of
D ece I\? j$e/0 ,
A.D. 194"
APPRO..SD:
1Wd~
Mayor .
ATTEST:
City Secretary