ORD CC 09/11/1962 - Solicitation regulation AN ORDINANCE AMENDING SECTION O-13 OF THE CODE .�
OF ORDINANCES OF THE CITY OF HUNTSVILLE, TEXAS,
TO READ AS HEREINAFTER STIPULATED, BEING AN
ORDINANCE DEFINING THE PRACTICE OF GOING IN AND
UPON PRIVATE RESIDENCES OF HUNTSVILLE BY SOLICI-
TORS, PEDDLERS, HAWKERS, ITINERANT MERCHANTS,
ITINERANT PHOTOGRAPHERS, AND TRANSIENT VENDORS
OF MERCHANDISE REGULATING THE PRACTICE THEREOF
AND PROVIDING FOR LICENSINGs REQUIRING A BOND AND
PROVIDING PENALTIES OF NOT MORE TITAN TWO HUNDRED
($200. 00) DOLLARS FINE FOR THE VIOLATION OF THIS OR-
DINANCE; AND REPEALING CONFLICTING ORDINANCES OR
PARTS OF ORDINANCES AND A SAVINGS CLAUSE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS:
SECTION 1. The practice of going in and upon private residences in the City
of Huntsville by solicitors, peddlers, hawkers, itinerant merchants, itinerant
photographers, and transient vendors of merchandise for the purposes of soli-
citing, setting, or taking orders for, offering to sell or take orders for any
goods, wares, merchandise, services, photographs, newspapers, magazines,
or subscriptions to news papers, or magazines, without first having applied for
and obtained a license so to do from the C Secretary of said city, after ap ro-
'•y-�s�cy B6'+ -oG-c 4 - c �{t Ea'�csscL .L � '�
vat of such application by the City Cou ctt,„and withou dispI yang such License
to the house holder while engaged in such soliciting or setting, shall be hereafter
unlawful and punishable as a misdemeanor.
SECTION 2. That any person who is a resident of the City of Huntsville and a
company representative acting as applicant for a license and all part time err-
ployees of the licensed company may be licensed under this ordinance under the
conditions and provisions hereinafter provided:
(a) The applicant must complete the application furnished by the
City Secretary and deliver the same to the City Secretary
accompanied by a bond in the penal sum of Five Hundred
($500. 00) Dollars, signed by applicant and signed as surety, a
by a surety company authorized to do business in the State
of Texas, addressed to the City of Huntsville. Texas, which
bond shall enure for the benefit and indemnifing any and alt
purchasers or customers for any and sit defects in material or ”
workmanship that may exist to the article sold by the principal
of said bond at the time of delivery, and that may be discovered
by such purchaser or customer within thirty days after delivery,
which bond shall be fur the use and benefit of all peMous, firms,
or corporations that may make any purchase or give any order
to the principal of-said bond, or to an4gent or employee of the
principal.
(b) If the applicant is a person, firm, company, partnership, cor-
poration, or association engaging in any activity mentioned In
Section 1 hereof, through one or more agents or employees, such
application must be accompanied by a fee of Sixty Dollars (;b0. 00).
If there are additional employees as part time solicitors or sales-
men, such application must be accompanied by Ten Dollars ($10. 00)
for each additional employee. Self-employed persons not connected
with a larger organization, shall have his application accompanied
by Twenty Dollars (;20. 00) license fee.
(c) Any such applicant who has been required to make an initial de-
deposit of Sixty Dollars for a license under this ordinance and
has remained In the employ of a licensed firm or company for
a twelve months period from date of license, and remains a
resident of the City of Huntsville for said twelve months period
and applies for a renewal license, at or prior to the expiration
of the initial license, shall be refunded Thirty Dollars of the
initial license,fee. There shall be no refund from the original
license fee of.any additional employees or self-employed Licen-
sees as above referred to.
(d) The applicant, for a license or permit, shalt furnish a photograph
of himself to be attached to the license or permit, which license
or permit shall give the name of the licensee, the name of the com-
pany represented, if any, with nature of merchandise sold, the date
on which the license is issued, and such other Information as may
be determined by resolution of the City Council of the City of Hunts-
ville from time to time.
(e) The permit shall also clearly designate whether the licensee is
a "full time" or "part time" employee, or is "self-employed"
and the date of the expiration of such permit or license.
SECTION 3. All permits or licenses issued under this ordinance shall be for
a period of not longer than one year and must be renewed at or before the ex-
piration of any such permit or license by complying with the requirements for
obtaining an original license or permit, if the licensee is to continue any activities
mentioned in Section i hereof.
SECTION 4. Any person, firm or corporation violating any provisions of this
ordinance or fatting to observe any provisions hereof shalt be deemed guilty of a
misdemeanor and upon conviction, shall be fined in any sum not exceeding
-3-
Two Hundred ($200. 00) Dollars, and each and everyday or a fraction of a day
during which this ordinance, or any part thereof, shalt be violated, shall be
deemed a separate offence and punishable as such,
SECTION 5. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are to the extent of such conflict hereby repealed.
SECTION 6. In the event any section, subsection, sentence, dose or phrase
of this ordinance shalt be declared or adjudged invalid or unconstitutional, such
adjudication shall in no way affect any other section, nub-section, clause, or
phrase of this ordinance, but all the rest thereof shall be and remain in full
force and affect as though the section, subsection, sentence, clause or phrase
that are declared and adjudged invalid or uncenstituional was not originally a
part hereof,
SECTION ?, ' This ordinance shall take effect and be in force from and after its
passage and publication as provided by law.
Passed and approved this the !� day of September, 1962.
ATTEST: n RA MOND GHT, Mayor
City Secretary