NO. 22
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PEDDLING ORDINANCE
ORD I NANCE NO. '2. Z.
BE IT ORDAINED BY THE City Council of the City of Scherta,
Texas:
Section 1. That is shall hereafter be unlawful for any itin-
erant merchant who may remove from place to place and sell or offer
for sale any bankrupt, fire or water damaged stock of merchandise,
or goods, wares, or any other commodity or for any person to go
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m R8~S? T ~ P9 ~ Fl~C~ in the City of Schertz,
Texas, solic2,.ting, selling, or taking orders for goods, wares,
merchandise, sub~~F~pti9ns to ma~~~!nes or newspapers, to expose
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 obtaining a permit or license to do so from the
City Secretary of the City of Schertz, 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 Schertz, Texas, shall make written application for a
permit or license to do so to the City Secretary of the City of
Schertz, 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 Schertz,
Such written application shall be accompanied by a fee of five doll-~
ars and no permit hereunder shall be issued, until such fee has been
paid by applicant anQSuch written application has been so filed with
the City Secretary of the City of Schertz, for a period of twenty-
four hours.
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Section 3. Where the application for such permit and/or
license herein provided shows that the applicant will not demand,
receive or accept payment, and/or deposit of 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 City Secretary of the City of Scher~, to issue to such
applicant a permit ta solicit, sell and take orders for such goods,
wares, merchandise, and/or articles set out in such applicant's
application for such permit within the City of Schertz for a peri-
od of twelv~months, except that of itinerant merchants, from the
date of the issuance of such permit. If the application shows
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tha t such applicant shall r~_~,E!j.ve, d~ID:~~d, and/or accept pay~ent
and/or deposit of money in advance of final delivery of goods,
wares, merchandize, and/or article 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 bene-
fit of all persons, firms or co~porations who may pay in advance or
make any advance deposit on the purchase price of said orders, and
shall stipulate in its terms.
Section 4. The City Secretary of the City of Schertz 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 any other
commodity for a limited time of one month or less $50.00.
For each additional month for each of the next five months or
fraXion. $10.00.
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If merchant liable to above named fee remains more than six
months and up to twelve months for each additional month or frac-
tion thereof-
- $5.00
25.00
25.00
For travelling medicine vendors- - - -- - - - -
For medical specialists - - - - - - - - - - - - -
For making negatives, exposing plates or films or making
photographs of pictures - - - - - - - - - - - - - - - -
25.00
For magazine or newspaper subscriptions - - - - - - - -
5.001,.--',e
For peddling, using motor vehicle - - -
25.00
7.50
5.00
For peddling, using horsedrawn vehicles
For foot peddlers - - - - -- - - - - - - - - - - - - - - -
Provided 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 satisfac-
tory proof that they have produced or grown the products to be peddled
and such license shall so state.
All licenses to be issued for periof of twelve (12) months
from date of issuance.
Section 5. That such licenses shall not be issued to any pe~
son authorizing peddling in the fire limits, and any and all peddl-
ing is prohibited in the fire limits of the City of Schertz as now
or that may hereafter be established by ordinance.
Section 6. That it shall be unlawful for any peddler to take
a stand, or stop, or stand his vehicle on any public street within
the corporate limits of the City of Schertz, for a longer time than
ten (10) minutes.
Section 7. That all pedlers shall in all respects comply with
all other ordinances of the eity of Schertz, applicable to such
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persons; and this ordinance shall not be construed to repeal any
of the health, sanitary, or food ordinances of the City of Schertz,
but shall be cumulative thereof.
Section 8. That any person violating any of the provisions of
this ordinance shall upon conviction be fined in any sum not more
than One Hundred ($100.00) Dollars; and each and every day any per-
son shall peddle without a license shall be a separate offense.
Section 9.
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That if any section, subdivision, cla~e, 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,
This ordinance shall take effect after its passage and adoption
by the City Council and its approval by the Mayor of the City of
00
Schertz, Texas and its publication as required by Article 1013, Rev.
C~v. Stat. State of Texas.
Passed and approved, this the ~ day of
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. A. D.
1959.
ATTEST:
7)2/~~-c;~;{' i
I I
City Secretary
APPROVED:
Ma!otJ~
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