Ordinance 1977-05
ORDI NANCE NO. )'7 -5"
ITINERANT PEDDLER'S, VENDOR'S & SOLICITOR'S ORDINANCE
CITY OF WYLIE, TEXAS
AN ORDINANCE DEFINING AND REGULATING ITINERANT MERCHA>rrS, I'l'PTERANT
VENDORS, PEDDLERS, AND PERSONS TAKING ORDERS FOR OR OFFERING FOR SALE,
GOODS, WARES, MERCHANDISE, SERVICES, PHOTO OR MAGAZlNES~ ESTABLISHING
THE LEGAL HOURS FOR THE TRANSACTION OF SUCH BUSlNESS~ PROVIDING FOR A
LICENSE AND LICENSE FEE~ PROHIBITING SELLING OR SOLICITING WITHOUT
THEN CARRYING SUCH LICENSE WHILE SO ENGAGED~ REQUIRING SUCH PERSON OR
PERSONS TO MAKE APPLICATION FOR LICENSE, THEREIN MAKING FULL DISCLOSURE
OF ALL MATTERS PERTINENT TO SUCH ACTIVITY~ REQUIRING A BOND~ PROVIDING
PENALTIES FOR THE VIOLATION OF THIS ORDINANCE, INCLUDING A FINE NOT LESS
THAN $10.00 NOR MORE THAN $200.00 FOR EACH OFFENSE AND DEFINING WHAT
SHALL CONSTITUTE A SEPARATE OFFENSE~ PROVIDING A SAVINGS CLAUSE~ AND
REPEALIl'D CONFLICTING ORDINANCES OR PARTS OF ORDINANCES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS:
SECTION 1. 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
sholl be construed for the accomplishment of that purpose.
SECTION 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, merchandise, 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 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, merchandise, services, photographs, news-
papers, 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 City, as aforesaid, without carrying such license
while engaged in such soliciting or selling.
SECTION 4. Than any person desiring to go from house to house or from
place to place in the City of Wylie, Texas, to sell or solicit orders
for goods, wares, merchandise, services, photographs, newspapers,
magazines, or subscriptions to newspapers or magazines, shall make
written application to the City Secretary of 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 saie
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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 cQmpany authorized
to do business in the State of Texas, conditioned for the final delivery
of goods, wares, merchandise, services, photographs, magazines and
newspapers in accordance with the terms of any order obtained prior
to delivery and also conditioned indemnify any and all purchases
of customers for any and all defects in design material or workmanship
that may exist in the article sold by the pFincipal of said bond,
at the time of delivery, and that may be discovered by such purchaser
or customer within 30 days after delivery, or for any misrepresentation
of services rendered or to be rendered by the principal of said bond,
or to an agent or employee of the principal.
Provided that in case applicant is a person, firm, company, partner-
ship, corporation or association engaging in any activity mentioned
in SECTION 3 hereof through one or more agents or employees, such
persons, firm, company, partnership, corporation 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, pautnership, corporation or
association engaged in any activity mentioned in SECTION 3 hereof.
The term services include aesthetic, religious, physical health, or
mental health products, programs or projects, whenever funds or
donations are solicited or accepted.
SECTION 7. That the license fee for a solicitor, a peddler, an itinerant
merchant or an itinerant vendor shall be $15.00. Provided, however,
when any ~erson, firm, company, partnership, corporation or association
engaqes in any activity mentioned in SECTION 3 hereof through
one or more agents or employees, such person, firm, company, partner-
ship, corporation or asscoiation shall, in addition to said $15.00
fee above mentioned, pay a license fee of $5.00 for eaah agent or
employee so engaged, all of which licenses shall be valid for
one year from the date of their issuance~ provided, further that
the license shall be issued to the individual agent or employee
and shall not be used by any other agent or employee. The fees
herein provided for shall be used for the purpose of defraying
expenses incident to the issuing of said license.
SECTION 8. The provisions of this ordinance shall not apply to
sales made to established businesses or profess:i!ons 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 and dairy products. However, that the City of Wylie disclaims
any liability whatsoever for the delivery, receipt, use or con-
sumption of any products, services,gQods or wares, or for the
conduct of said persons, herein exempted from the provisions of this
ordinance.
Page 3
SECTION 9. Any person, firm or corporation violating any provisions
of this ordinance orfailing to observe any pr1ovisions hereof shall
be deemed guilty of a misdemeanor and upon conviction shall be fined
in any sum not less than $10.00 and not more than $200.00 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 10. 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 any other provision, and if any provision hereof shall be
ineffectice, 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 ordinances and parts of ordinances in conflict here-
with are hereby repealed.
SECTION 11. By reason of the fact that the City Council considers
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 ordinance take effect immediately
from and after its passage, approval and publication accordtng to
law, and it is so ordained.
PASSED AND APPROVED this the
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11 '
day of v,n7Gu-Ju,
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Mayor, City of Wylie
1977.
ATTEST:
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City Secretary, City of Wylie
APPROVEP AT TO
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City !Attorney
FORM: .
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