This article is and shall be deemed an exercise of the police power of the state, and of the city, for the public safety, comfort, convenience and protection of the city and citizens of the city, and all of the provisions hereof shall be construed for the accomplishment of that purpose.
(Ordinance 4, sec. 1, adopted 10/10/1961)
It shall hereafter be unlawful for any person to go from house to house or from place to place in the city 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 or magazines, without first having applied for and obtaining a license to do so from the city secretary. The city exempts all nonprofit organizations from this article. It shall also hereafter be unlawful to sell or solicit in the city as aforesaid without carrying such a license while engaged in such soliciting or selling.
(Ordinance 4 amendment 2 adopted -/-/-)
Any person desiring to go from house to house or from place to place in the city to sell or solicit orders for goods, wares, merchandise, services, photographs, newspapers, magazines, or subscriptions to newspapers or magazines shall make written application to the city secretary for a license so to do, which application shall show the name and address of applicant, the name and address of the person, firm, or corporation, if any, that he or she represents and the kind of goods offered for sale, and whether such applicant upon any such sale or order shall demand, accept or receive payment or deposit of money in advance of final delivery, and the period of time such applicant wishes to sell or solicit in the city.
(Ordinance 4, sec. 3, adopted 10/10/1961)
The application mentioned in section 5.03.003 hereof shall be accompanied by a bond in the penal sum of $1,000.00, signed by the applicant and signed, as surety, by some surety company authorized to do business in the State of Texas, conditioned for the final delivery of goods, wares, merchandise, services, photographs, magazines and newspapers in accordance with the terms of any order obtained prior to delivery and also conditioned to indemnify any and all purchasers or customers for any and all defects in material or workmanship that may exist in the article sold by the principal on said bond, at the time of delivery, and that may be discovered by such purchaser or customer within 30 days after delivery, and which bond shall be for the use and benefit of all persons, firms or corporations that may make any purchase or give any order to the principal on said bond, or to an agent or employee of the principal. Provided that, in case the applicant is a person, firm, company, partnership, corporation or association engaging in any activity mentioned in section 5.03.002 hereof through one or more agents or employees, such person, firm, company, partnership, corporation or association shall be required to enter into only one bond, in the sum of $1,000.00 as above required, which bond shall be made to cover the activities of all its agents or employees.
(Ordinance 4, sec. 4, adopted 10/10/1961)
An itinerant merchant or an itinerant vendor as the terms are used in this article shall be held to be any person, firm, company, partnership, corporation or association engaged in any activity mentioned in section 5.03.002 hereof.
(Ordinance 4, sec. 5, adopted 10/10/1961)
The license fee for an itinerant merchant or itinerant vendor shall be as set forth in the fee schedule in appendix A of this code. Provided, however, when any person, firm, company, partnership, corporation or association engages in any activity mentioned in section 5.03.002 hereof through one or more agents or employees, such person, firm, company, partnership, corporation or association shall pay an additional fee as set forth in the fee schedule for each agent or employee so engaged, all of which licenses shall be valid for one year from the date of their issuance. The fees herein provided for shall be used for the purpose of defraying expenses incident to the issuing of said licenses, and such other purposes as the city council may direct.
(Ordinance 4, sec. 6, adopted 10/10/1961; Ordinance adopting Code)
The provisions of this article shall not apply to sales made to dealers by commercial travelers or sales agents in the usual course of business, nor to sales made under authority and by order of law.
(Ordinance 4, sec. 7, adopted 10/10/1961; Ordinance 4 amendment 1 adopted -/-/-)
Any person, firm or corporation violating any provisions of this article or failing to observe any provisions hereof shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not less than $50.00 and not more than $200.00, and each and every day or fraction of a day during which this article, or any part thereof, shall be violated, shall be deemed a separate offense and punishable as such.
(Ordinance 4 amendment 2 adopted -/-/-)