Ordinance 1963-02
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ITnrc;HA'"I' P;~');)LEH I S & ".ll:;I'T')OR I S OR;)PJANCE
::::ITY OF ViYLIE, TEXAS
l\.,;r OHD1>TANCE D!~V1\JIjiG AND ILGULATING ITIlJERAJT;i!~RCt1AWL:_',
I'IIVERAT,TT VI:';I,JDORS, P]:~Y)LF;RS, A;LJ PERS,JNS TAKIfJC ORDERS POR OR
OFF rw FOR ;)ALE, GOODS, 'NARES, kJ;R:IIANDISE, SERVICES, PLO'I'Ow
GRAPfS, N~WSPAPERS, ~AGAZINES, OR SUBSCRIPTIONS TO NEWSPAPERS
OR ;'1AOA7.1-:::=:;S; ESTABLISHING 'IE LL;GAL HO'JRS:'Cl}-I TIIE TRANSA'I'ION
0';' snCH BUSINESS; PROVIDIl{G P:)R A LICE\fSE AND LICErJSF~ FEE;
PROHIBITING :::E:LL.INO OR ::,OLICITING"'I'I'}iQUCfi ThEIIJ CARRYING SUCH
LICENSE 'WHILE SO ENGAGT:D; REQ,UIRPfG suc;r PERSON OR P'"RSONS '1'0
MAKE APPLICATION ]:COR LICENST,:, 'l'EETmp! NfAKnm "'ULL DISCLOSURE
OF ALL MATTRS FER'l'INETJT TO SUCH AC'l'IVI'I'Y; RECtUIRING A BOND;
l:::XET\'iF'l'ING 'THOSE EYGAGED IN JENr.;nS'I'ATE COIVEFERCE FROM LICE1'JSE
"'EE AND BOND BUT RE(~UIRITJG strCIT PERSOl'TS TO REGISTER ITF THE
CI'I'Y SECREr~ARY, PAY A PEE P(}R nrVES'I'IGArI'IVE ATiD AUT"lDnS'rRATIVE
COST; PROVIDING PENi\L'TF~S ~'OR 'l'FE \lIOLATIOJ'T OF 'l'EIS ORDINANCE,
I:\TI:LUDING A TI'IN!'~IWT LI;SS 'I'HAN $:,10.00 NOR ~WRE THAT ~;~200.00
POR T:ACE OPPE'TSE AND :C)EPINIl\TG ijirp':'4.T SHALL r;ONS'l'I'I'UTE A SEPARATE
OPF'ENSr~; PRovI OIiW /~ SAVPJGS CLAUSE; AFD REPEALING COl\TFLICTITJG
OP DI\TANCES OR PARI'S OF OR ))INANGES .
B~ IT' ORDAINED BY 'I'hE CIty COG\TCIL OD' ThE; CITY OF' WYLIE, rrEXAS:
SEGTIO~ I. This entire ordinance is and shall be deemed an
exercise of the police power of the State of Texas, and of the
City of Wylie, 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.
, TION 2. That it shall hereafter be unlawful for any person
to go from house to house or from place to place in the City
of Wylie, Texas, soliciting, selling or taking orders for or
offering to sell or take orders for any goods, wares, m rchandise,
services, photographs, magazines, newspapers, or subscriptions
to newspapers or magazines, except during the hours from 9:00
a.m. until 30 minutes after sundown.
SECTION 3. That it shall hereafter be unlawful for any person
to go from house to house or form place to place in the City of
Wylie, Texas, soliciting, selling or taking orders for or offer-
ing to sell or take orders for any goods, wares, merchandise,
services, photographs, newspapers, magazines, or subscriptions
to newspapers or magazines, 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
ity, as aforesaid, without carrying such license while engaged
in such soliciting or selling.
SECTION 4. That any person desiring to go from house to house
or from place to place in the City of Wylie, Texas, to sell or
Peddler's Urdinance con "Iued - - - page 2
solicit orders for goods, wares, merchandise, services, photo-
graphs, newspapers, magazines, or subscriptions to newspapers
or mag~zines, shall ~e written application to' the City Sec-
retary @said City~ a license so to do, which application
shall show the name and address of applicant, the name and
add~esp of the person, firm, or corporation, if any, that he or
she/~~presents, 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.
SECTION 5. The application mentioned in SECTION 4 hereof shall
be accompanied by a bond in the penal sum of ~~ 1,000.00 signed
by applicant and signed, as surety, by some surety ,company
authorized to do business in the State of Texas, conditioned
,,*or the final delivery of goods, wares, merchandise, services,
l~hotographs, magazines and newspapers in accordance with the
~ terms of any order obtained prior to delivery anj also condit-
ioned to indemnify ~J?yand all purchases or customers for any
\.. and all defects in" riraterial or workmanship that mafl exist in
the article sold by the principal of said bond, at the time of
~~~~~e ~rf)lt~d3~h~:y~,a~f~:r d~: f~~:~; ~;:: d s ~~~ chU~~~~ s :~a~r ~ ~S-
'tne. use and benefit of all r;ersorls, firmsr9,r fc.erJ{~.r~~.io,es ' >,
that may make any purchase or glve any orde~to the prlncipal
on said bond, or to an agent or employee of "the principal.
~1
"
Provided that in case applicant is a person, firm, company,
partnership, corporation or association engaging in any act-
ivity mentioned in SECTION 3 hereof through one or more agents
or employees, such persons, firm, company, partnership, corp-
oration or association shall be required to enter into only
one bond, in the sum of $ 1,000.00 as above required, which
bond shall be made to cover the activities of all its agents
or employees.
SECTION 6. That a solicitor, a peddler, 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
in S~CTION 3 bereof.
;.'i-~
SECTION 7. That the license fee for a solicitor, a peddler,
an itinerant merchant or an itinerant vendor shall be ~ Isg&.
Provided, however, when any person, firm, company, partnership,
corporation or association engages in any activity mentioned
in SECTION 3 hereof through one or more agents or employees,
such person, firm, company, partnership, corporation or assoc-
iation shall, in addition to said \~~ I$,C (} fee above rJ1entioned,
pay a license fee of ~,5", r. t for each agent or employee so en-
gaged, all of which licenses shall be valid for one year from
the date of their issuance; provided, further, tiiat the license
shall be issued to the individual agent or employee and shall
not be used by any other agent or employee.
Peddlers Ordinan
continued -page 3
//
The fees herein provided for shall be used for the purpose of
defraying expenses incident to the issuing of said license.
SECTION 8. The(p;ovisions ~l~t~;A~~~a~~ ~~~t/~PlY to
sales made to deft~by commercial travelers or sales agents
in the usual course of business, nor to sales made under auth-
ority and by order of law, nor to vendors of farm and dairy
products.
Si;CTION 9. rChe provisions of this ordinance shall not apply to
persons engaged in interstate commerce as that term is herein
defined, prov:1ded, however, that it shall be unlawful-for persons
engaged in interstate COlmnerce to go from house to house or
place to place in the City of Wylie without having first regis-
tered with the City Secretary of said City giving the following
information:
(a) Name, home address and local address, if any, of registrant.
(b) 'fame and address of the person, firy;, 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 are to be solicited.
(d) 1Vhether registrant, upon any sale or order shall demand or
receive or accept payment or deposit o~ 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 provided
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 regis-
trant by the person, firm or corporation for whom or through
whom orders are to be solicited or cleared.
/l ~,
Registrant must pay cost of registerin,~: which is ;~ r5;" per
person, firm or corporation, plus ~~ S-'~. for each agent, or
employee so engaged. 'I'he term II interstate commerce" means solici t-
ing, 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
fulfilJment of such orders.
SECTION 10. Any person, firm or corporation violating any prov-
isions 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 SiIO.OO and not more than
8200.00 and each and every day or fraction of a day during which
this ordinance, or any part thereof, shall be violated, shall be
Peddlers Ordinance continued-- page 4
deemed a separate offense and punishable as such.
~BCTION II. Each and every provision, paragraph, sentence and
clause of this ordinance has been separately considered and
passed by the City Council, and each provision would have been
separately passed without Bny other provision, and if any prov-
ision hereof shall be ineffective, invalid or unconstitutional
for any cause, it shall not impair, nor effect the remaining
portion, nor any other part thereof, but the valid portion shall
be enforced just as if it had been passed alone, and all ord-
inances and parts of ordinances in conflict herewith are hereby
repealed.
SECTION 12. By reason of the fact that the City Council con-
siders the purpose of this ordinance necessary for the public
welfare of the City of Wylie, Texas, and of its citizens, it
is hereby declared to be an emergency measure, demanding that
the rule referring ordinances to be read at more than one
meeting of the City Council be suspended and that this ordin-
ance take effect immediately from and after its passage, app-
roval and publication according to law, and it is so ordained.
Ig6 ~
PASSE,) A".TD APPRovED this the II day of
A r].1l}l F~S IT :
,{:.v
,._~"., 1
City Secretary,