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HomeMy Public PortalAboutOrdinance No. 174A-71 08-06-1971 ORDINANCE NO. 174 A AN ORDINANCE DEFINING AND REGULATING ITINERANT MERCHANTS, ITINERANT VENDORS, PEDDLERS AND PERSONS SELLING OR TAKING ORDERS FOR GOODS, WARES, MERCHANDISE, SERVICES, PHOTOGRAPHS, NEWSPAPERS, MAGAZINES: PROVIDING FOR A LICENSE: LICENSE FEE: REGISTRATION: FURTHER PROVIDING THAT IT SHALL BE UNLAWFUL TO GO FROM HOUSE TO HOUSE AND UPON THE PREMISES OF PRIVATE RESIDENCES FOR SUCH PURPOSES WITHOUT A REQUEST OR INVITATION FROM THE OWNERS OR OCCUPANTS: PROVIDING THAT ANY PERSON, FIRM OR CORPORATION VIOLATING ANY OF THE PROVISIONS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION FINED NOT TO EXCEED $200.00 FOR EACH VIOLATION: PROVIDING FOR REPEAL OF ALL LAWS IN CONFLICT HEREWITH: FOR A SAVINGS CLAUSE AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1 : This entire ordinance is and shall be deemed an exercise of the police power of the State of Texas and the City of Richland Hills, the public safety, comfort, welfare, convenience and protection of the City and Citizens of said City and all of the provisions herein shall be construed for the accomplishment of that purpose. SECTION 2: That it shall hereafter be 'runlawful for any person to go from house to house or from place to place in the City of Richland Hills, Texas, soliciting, 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, magazines or periodicals, without first having applied for and obtained a license so to do from the City of Richland Hills, approved by the Chief of Police, and after having paid to such City a license fee of $25.00 for the issuance of such license. It shall also hereafter be unlawful to sell or ,solicit any item or service except for which this license or permit is issued or without having such license in their possession while engaged in such under- takings. SECTION 3: That any person desiring to go from house to house or from palce to place in the City of Richland Hills, Texas, to sell or solicit orders for goods, wares, merchandise, services, photographs, newspapers, magazines or subscriptions thereto or therefore, shall make a written application to the City Secretary of the City of Richland Hills for a license to do so, said application shall be accompanied by a fee of five dollars ($5.00) which shall be non-refundable, provided, however that upon issuance of the permit or license said five dollars fee will be applicapable to the original and initial license 4 ' 1 r fee, which application shall show the name and address of the applicant, the name and address of the firm or corporation or company, if any, that he or she represents, the kind of goods or services to be offered for sale, the name of the bonding company and amount of bond if any, the actual cost to consumer of such goods or service for which the permit or license is issued, the number and names of all agents for which the permit or license is issued, the number and names of all agents of the firm or coporation who will be engaged in sales or promotion in the City of Richland Hills, provided that such sales or promotion personel shall make seperate application and upon approval shall be issued an agent to a-company permit for a fee of five dollars ($5.00) for the first ninety days (90) and may be extended and renewed is herein provided in section 4 and except for such application and approval thereof, no such license or permit shall be issued td» the person(s) firm corporation or company applying therefor. SECTION 4 : Any such license, so issued shall be valid for a period of ninety days (90) from date of issue, provided, however said permit or license may at the option of the City of Richland Hills, be renewed and extended for ninety days (90) from expiration date if application is made for same prior to the expiration date, for which said permit is valid, and an extension fee of five dollars ($5.00) is paid to the City Secretary, provided, however no such extensions shall carry forth for more than one (1) calender year from data of the original license or permit. However, any such license may be revoked at any time by the City Secretary of Richland Hills, if it should be determined that the person or his agent to whom the same was issued has been guilty of any fraud, deciet or misrepresentation, in connection with any such solicitations or sales or service in the City of Richland Hills. SECTION 5: If any person, firm, corporation or company shall be exempt from paying a license or permit fee by virtue of Interstate commerace or any other legal provision, any and all parts of this ordinance and requirements shall be in full effect and in force except that portion of said ordinance pertaining to the payment of licensing fees, dues, or charges. SECTION 6: This ordinance shall not apply to sales and solicitations at any regular place of business nor shall it apply to sales and/or solicitations at any residence, provided the owner or occupant thereof, shall have actually extended an invitation to such person to make such solicitations. SECTION 7: Any person violating any of the provisions of this ordinance shall `II be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined a sum of money to be no more than $200.00 for each violation. Each day of such violation shall constitute a separate offense, provided, however if violation is of a felony statute, the filing of said charges and the procecution thereof shall be vested in the office of the District Attorney of the County of Tarrant, Texas. SECTION 8: In the event any section, sentence or statement herein should be 9 j ' s •-•••\ declared to be ineffective, invalid or unconstitutional by a court of competent jurisdiction, the same shall not impair nor shall it affect the remaining portion, or any part thereof, but the valid portions shall be enforced as if they alone had passed without the invalid portion or portions and the City Council finds that it would have passed the valid portions. SECTION 9 . All ordinances or parts of ordinances in conflict herewith, are hereby expressly repealed. SECTION 10: This ordinance shall be effective and shall be in full force and effect from and after its adoption and publication as required by law. ADOPTED this the day of `f�l ,1971. MAYOR ATTEST: 1111) C ITY S ETARY