HomeMy Public PortalAboutORD 59/120/Jl �
ORDINANCE NO.
AN ORDINANCE OF THE TOWN OF GULF STREN4, FLORIDA ;
RELATING TO SOLICITORS AND PEDDLERS; DEFINING
TEh r19; REQUIRING LICENSE AND IDENTIFICATION CARDS
AND SETTING UP PROCEDURE FOR IaTUANCE; PRESCRIB-
ING DUTIES OF VARIOUS TOWJ OFFICIALS AND V4PLOYEES
W1M RESPECT TIMRETO; 1&1AKING VIOLATION OF ORDIN-
ANCE UNI WFUL AND PRESCRIFING PUNISHMENT FOR VIOLA-
TION; AIND OTHER ?4A1"TER3 RELATING THERETO. l
E IT ORDAINED BY THE TOrli Ctl!C411SSI'ON OF
THE TOWN OF GULF STREW!, FLORIDA:
Section 1. Definitions.
For the purpose of this article, the terns
solicitor and paddler have the meanings herein
ascribed:
(a) Solicitor. Any individual, whether
resident of the town or not, traveling either by foot,
wagon, automobile, motor truck or any other type of
conveyance, from place to place, from house to houso,
or from street to street, taking or attempting to take
orders for sale of goods, waxes, and merchandise, per-
sonal property of any nature whatsoever for future de-
livery, or for services to be furnished or performed in
the future, whether or not such individuals have, carry
or expose for sale a sample of the subject of such sale
or not. Such definition shall include any person who,
for himself, or for another person hires, leases, uses,
or occupies any building, structure, tent, railroad box
car, boat, hotel room, lodging house, apartment, shop,,
or any other place within the town for the solepurpose
of exhibiting samples and taking orders for future de-
livery. The term solicitor shall include the term car,-
va,sser.
(b)
Peddler. Any
person,
whether
a resident
of the town or
not, traveling
by foot,
wagon,
autos tive
vehicle, or any other type of conveyance, from place
to place, from house to house, or from street to street,
carrying, conveying or transporting goods, wares, mer-
chandise, meats, fish, vegetables, fruits, garden truck,
farm products or provisions, offering and exposing the
same for sale, or making sales and delivering articles
to purchasers, or who without traveling from place to
place, shall sell or offer the sane for sale from a
wagon, automotive vehicle, railroad car, or other vehicle
or conveyance. Any one who solicits orders and, as a
separate transaction, makes deliveries to purchasers as
a part of a scheme or design to evade the provisions of
this article shall be deemed a peddler. The word peddler
shall include the words hawker and huckster.
Section 2. x Opt j f j ;g+; on card,�and li�. c- °....n..se --
7 1 e
It shall be unlawful for any person to engage
in the business of solicitor or peddler as defined in
section one hereof within the corporate limits of the
town without first obtaining an identification card and
license thereof &a provided herein.
Section 3. 39L-t2 -- AM112 ta,,, i0n
Applicants for identification cards and licenses
under this article must file with the town clerk a sworn
written application in duplicate on forms to be furnished
by the town clerk, which shall dive the following informa-
tion:
Information to be shown:
(a) Name and description of the applicant;
(b) Permanent home address and full local
aj(� xasa of the applicant;
—2—
(c) A, brief description of the nature of
the business and the goods to he sold. Peddlers
only; Where goods are to be sold are products of
farm or orchard, peddlers must state whether such
goods are self-produc*d or grown, and if so, how many
acros in production and where acme is located;
(d) If employed., the name and aaidrass of
the employer, together with crelontials establishing
the exact relationship;
(e) "he length of time for which the right
to do business is desired.;
(f) Peddlers only: If a vehicle is to ha
used, a description of the +ware# together with license
number or other means of identification;
(9) Solicitors only: The place the goods or
property proposed to be sold by order for future de.►
livery are manufactured or produced, wheresuch goods
or products are located at the time the application is
filed and the proposed method of delivery;
(h) A photograph (in the case of peddlers,
two photographs) of the applicant, taken within sixty
days immediately prior to the date of filing of the
application, which picture shall be not larger than
2 x 2 inches aani not smaller than 1 x 1 inch, showing
the heaad and shoulders of the applicant in a clear and
distinguishing manner;
(i) The fingerprints of tho applicant and the
name of at least two reliable property owriers of the
county who will certify as to the applicant's good
character and business respectability, or, in lieu of
the names of references, such other available evidence
as to the good character and business responsibility of
the applicant as will enable an investigator to evaluate
Properly such character and business rospponsibility;
r3-
(j) A stateaeltt as to whether or x:ot the
applicant has been conT,ricted of any crime, miademeanor,
car violation of tiny municipal ordinancw, the nature of
the offense and the p=iahment or penalty assessed
therefor, and
(k) A statement 0': a reputable physician of
Palm Beach 'County, dated not more than ten days prior to
submission of the application, certifying the ,applicant
to be free of contagious, infectious or communicable
disease. Such a statement shall be submitted also upon
the renewal of arty license hereunder.
Foe• tit the time of filing the application a
fee of two dollars shall be paid to the town clerk to
cover the cast of investigation of the facts stated herein.
erection 4. 3 Inyestitsa +;
Upon receipt of such aPalication, the original
shall be referred to the chief of police who $hall cause
such investigation of the applicant's business and moral
character to be eta de as he de0:4a necessary for the protec.
tion of the public grand.
Section 5. 0"We -• #Re,wn006
If as a result of such investigation, the char-
acter and business responsibility of the applicant are
found to be satisfactory, the chief of police shall endorse
on the application his approval, aarecute an identification
card and return the identification card, along with the
APplication to the town clerk, who shall, upon paYmentof
the proscribed license fee, if arty, deliver to the appli.
cant his identification card and issues a license.
�:LctiQn 6. c -- Contep.4
z of y r le n zf' c atio'n
carat clerc oof liMsLu.
Such identification card shall contain the sig.
natures of the applicant and shall show the name, address,
�4-
a photograph, a general description and the fingerprint
of the right index finger of th6 applicant. The clergy:
shall keep .a permanent record of all licenses issued.
Section 7. Same -- .��.hi b1 t i on.
�.1. r �..rw+rr
Solicitors and peddlers are required to oxhibit
their licenses and identification cards at the request of
any citizen.
Section 8. Owe -_ EnA ra. 'on•
Annual licenses and identification cards issued
under the provisions of this chapter shall expire on the
thirty -first day of Decwiber of the year in which issued.
Licenses and identification cards issued for shorter
periods shall expire on the date specified in the license.
Upon license renewal, the chief of police may
approve continued use of the previously issued identifi-
cation card.
Section 9. 33cnti'icatia�tr c s_„ -; . ;..�y .Mother
.ic ,
?to identification card issued under the pro -
visions of this chapter shall be used at any time by any
parson other than the one to whom it was ,issued.
Section
la.
WsamroW
of amucation for
U% i..��i i� � .ri i da nt=i„cr
a ti ioi n iw
card.
if, as a result of the investigation presided for
in section four hereof, the applicant's character or business
responsibility is found to be unsatisfactory, the chief of
police shall endorse on such application his disapproval and
his reasons for the same, and return the application to the
town clerk, who shall notify the applicant that his applica-
tion is disapproved and that no liconso will be issued.
Section 11. License schedule asdopted;
exception froze fees.
The occupational license schedule as set
forth in the appropriate -to-kin or�?inance
is adopted herein and made a part hereof. No fee
shall be required of one selling products of the
farm or orchard actually produced by the seller.
Section 12. Duties of police officer.
It shell be the duty of any police officer
of the to47n 3
(a) To require any person seen soliciting or
peddling, and who is not known by such officer to be
dul y licensed, to produce his license.
(b) To enforce the provisions of this article
again ;st any person found to be violating they same.
Section 13. Clerk's record of violations.
wsrw.r.�rwrr .r.� •
The chief of police shall report to the town
clerk all convictions for violations of this chapter and
tho town clerk shall maintain a record for each license
issued and record the reports of violations therein.
Section 14. Paddlers limitad to_ dayiicxht hours.
Lo paddlers or solicitor shall apply his trade
as defined in section one hereof except during daylight
hours and it shall be unlawful to solicit at any time other
than during daylight hours.
Section 15. Soliciting on SundWA
From and after the effective data of 'this chapter
it shall be unlawful for any person to solicit any order
for the sale of any goods, wares, merchandise, periodical or
publications, or to sell or offer for sale any goods, wares
or merchandise, with the exception of milk and ice, from
r'
house to house between the hours of 12;00 midnight on
Jaturday until 12:00 midnight on Sunday.
ectior 16. '129 �3C)c t.?2r Of Ii C•'3�+3� d►�U
o'ortific�t�nr c*ar�� __ Grounds.
Identification cards and licenses issuer under
the provisions of this chapter :awl be rcvokzed by a board
consisting of the chief of police and the town clerk, after
notice and hearing, for any of the following causes:
(a) Fraud, misrepresentation, Or false state-
ment contained in the application for license;
(b) Fraud, misrepresentation, or false state -
ssnt wade in the course of carrying on his business as
solicitor or peddler;
(c) Any violation of this chapter;
(d) Conviction of any crime or .mi.sdamcaror
involving moral turpitude;
(e) Conducting the business of soliciting or
penciling in an unlawful manner or in such a manner as to
constitute a breach of the peace or to constitute a menace
to the health, safety, or Gorkeral wolf are of the public.
Section 17. Cara? .._4otice of hvarin
Katice of the hearing for revocation of a license
or identification card shall be given in writing setting
forth sPecifi tally the grounds of complaint dncl the time
and place of hearing. Such notice shall he mailed postage
prepaid, to the licensee at his last known address at least
five: days prior to the date for hearing.
Section 18. iauute -- Areal; antitlament.
(a) Any solicitor or peddler aggrieved by the
action of the chief of police or the town clerk in the
denial of an application and identification card or license
as provided in Section 16 hereof or in the decision with
reference to the revocation of the identification card or
-7-
liconse as provided in section AN hereof, shall have
the right of appeal to the town council,
SActiOn 19. ; -.. Procedure.
Such Baal shall be taken by filing wi.th
the town: comuission within fourteen days after notice
of the action complained of has been mailed to such
person's last known address, a written statement setting
forth fully the grounds for appeal.
:;action 26. L azu+ A.291 53,011,
The town commission shall set a, tim* and place
for a hearing on such appeal and notice 04 such hearing
shall be given to the appellant in the sazae manner as pro.
vided in section 17 hereof for notice of hearing or,
rOvocation. The decision and order of the town comsaission
cn uch appeal shall be final and conclusive.
vection 21.1.
Piny person violating the provisions of this
ordinance upon Conviction thereof shall l be fined in an
amount not to o3ceeecl gi(�Q.�Q for each offense, or imprisoned
in the tour-: jail or at hard labor on the streets or other
Public works of the town for a term of not more than one
month, or punished by both such fire and imprisonment.
Each day of violation shall constitute a separate Offengo,
Section 22.
This ordinance shall become effective immediately
upon its passage and proper ;posting according to the charter
act of the tol n.
FI.RS°T READING in full "arch 14, 1959.
SECOND, FIVAL RDADTXGG and adopted 4 �
.... �.,..., .,.. 0 1959.
Attest t
. own 17 1 e
POSTED at Town Hail
ayar
As and constituting the Town
Commission of the '--Pown of
gulf :stream, Florida
1959
M9 w