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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