O17ORDINANCE NuIthER /7
AN ORDINANCE DEFINING AND REGULATING ITINKRANT MERCHANTS, ITINE.HANT
VENDORS, PEDDLERs, AND PERSONS SELLING OR TAKING ORDERS FOR GOODS,
WARES, MERCHANDISE, SERVICES, PHOTOGRAPHS, NESPAPERS, mAGAZINES, OR
buBSCRIPTION6 TO NEWSPAPERS OR MAGAZINES: PROVIDING FOR A LICENSE AND
A LICENSE EEE: REQUIRING A BOND: EXEMPTING THOSE ENGAGED IN INTERSTATE
COMMERCE FROM LICENSE F77, AND BOND, tilJT REQUIRING SUCH PERSONS TO REGI_
STER WITH THE CITY SECRETARY: AND PROVIDING PENALTIES FOR THE VIOLATION
OF THIS ORDINANCE, INCLUDING A FINE NOT LESS THAN 10 NOR MORE THAN 100
BE IT ORDAINED BY THE CITY COUNCIL OE THE CITY OF iNNEDAIE, 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 Kennedale, for
the public safety, comfort, convenience and protection of the city and citi-
zens of said City, and all of the provisions hereof shall be constructed 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 Kennedale, Texas, soli-
citing, selling or taking orders for or offering 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 city as aforesaid
without carrying such license while engaged in such soliciting or selling.
Section 3. That any person desiring to go from house to house or from place
to place in the City of Kennedale, Texas, to sell or solicit orders for goods,
wares, merchandise, services, photographs, newspapers, magazines, or subscrip-
tions to newspapers or magazines, shPll make, written applioation to the City
secretary of said City for a license so to do, w apPIfi-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.
Section 4. The application mentioned in Section 3 hereof shP11 be accompanied
by a bond in the penal sum of 0_,O00.04 signed by applicant and signed, as sur-
\ ety/ by some surety company authorized to do business in the State of Texas,
conditioned for the final delivery of goods, wares, merchandise, services, photo-
graphs, magazines and newspapers in accordance with the terms of any order ob-
tPined prior to delivery and also conditioned to indemnify any and all purchas-
ers or customers for any and all defects in material or workmanship that may
exist in the article sold by the principal of said bond, at the time of deli-
very, and that may be discovered by such purchaser or customer within 30 days
after delivery, and which bond shall be for the use and benefit of all persons,
firms or corporations that may make any purchase or give any order to the
principal on said bond, or to any agent or employee of the principal.
Provided that in case applicant is a person, firm, company, partnership,
corporation or association engaging in any activity mentioned in paragraph two
hereof through one or more agents or employees, such persons, firm, company,
partnership, corporation or association shall be required to enter into only
one band, 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 5. 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, partner-
ship, corporation or association engaged in any activity mentioned in section
Two hereof.
Section'6. That the license fee for an itinerant merchant or itinerant vendor
shall be-::-430.00. Provided, however, when any person, firm, company, partner-
ship, corporation or association engages in any activity mentioned in Section
two hereof through one or more agents or employees such person, firm, company,
partnership, cvrporation or association shalli.in addition to said 00.00 fee
above mentioned, pay a license fee of 10t0Q,for each agent or employee so
engaged, all of4which licenses shall 7a1id for oneT year from the date of
their issuance. The fees herein provided for shall be used for the purposes
of defraying expenses incident to the issuing of said licenses.
Section 7. The provisions of this ordinance shall not apply to sales made to
dealors by commercial travellers or sales agents in the usual course of busi-
ness, nor to sales made under authority and by order of lawOr-to vendors
of fara or dairy roducts.
Section 8./ The provisions of this ordinance shall not apply to persons en-
gaged in-inter5commerce as that term is herein_defined; provided, however,
that it shall be unlawful for pen5ns engaged in interstate commerce to go
from house to house or place to place in the City of Kennedale without having
first registered with the City Secretary of said City giving the following
information: -
(a) Name, home address 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 wham 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) Whether registrant, upon any sale or order shall demand or re-
ceive or accept -payment or deposit of money in advance of final
delivery.
(e) Pq riod of time which registrant wishes to solicit or, sell in
The registrant at the time of the registration, as herein provided for
shall submit for inspection of the City Clerk or City Secretary written proof
of his identity which may be in the form of an automobile operatorTs 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 in this city in the fulfillment of such orders.
Section 9. Any person, firm or corporation violating any provisions of this
ordinance or failing to observe any provisions hereof shall be deemed guilty
of a misdeameanor and upon conviction shall be fined in any sum not less than
10.00 and not more than 100.00 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 of
the City of Kennedale, Texas, and each said provision would have been separately
passed without any other provision, and if any provision hereof should be inef-
fective, invalid, or unconstitutional for any cause, it shall not impair, nor
affect 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 herewith are hereby repealed.
Section 11. This ordinance shall take affect and be in force from and after
its passage and publication as provided by law.
PASSED AND APPROVTID THIS THE DAY OF July, A. D. 1952.
ATTEST:
1!,
City Secretary 67
MAYOR