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
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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
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•-•••\ 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