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HomeMy WebLinkAboutOrdinance 29- 580, Defines “Itinerant Vendor” and Regulates and Licenses Them '~ 145 PI'onf 1~8fl(1 and 011<,,,k,,fl . ~ ~ W,._u. .__om. .. u~_,'~~" D ORDINANCE IO. ~80 . b._d..--_:a--~ --.......-..-... AN ORDINANCE DEFINING THE TERM n ITINERANT VENDOR", AND TO REGULATE AND TO LICENSE ITINERANT VENDORS, AND TO FIX THE TERMS AND THE AMOUNT OF LICENSE FEES TO BE PAID, AND TO PROVIDE FUNDS FOR SUCH REGULATION AND THE ENFORCE- MENT THEREOF, AND TO PROVIDE FOR THEIR COLLECTION, AND TO PREVENT FRAUD, ." AND TO PROVIDE PENALTIES FOR THE VIOLATION OF ANY OF THE TERMS OF THIS ORDINANCE AND FOR OTHER PURPOSES. . BE IT ORDAINED BY THE COMMISSION OF THE. CITY OF BOZEMAN: SECTION 1. AUTHORITY. That under and by virtue of the power and authority vested in the City of Bozeman by the provisions of Chapter 184, Laws of Montana, 1925; Seotion 5409, Section 5224 and Seotion 5039 as'amended by Chapter 20, Laws of Montana, 1927; and in aid of the police power and regulations of the said City of Boz~man every itinerant vendor before doing any business in the I City of Bozeman shall first prooure a license therefor as hereinafter pro- vided. SECTION 2. DEFINITION OF TERMS. Any p.erson engaged or emllloyed in the business of retailing to consumers by going from consumer to consumer, either on the streets or to their places of residence or employment, and there soliciting, selling, or offering to sell, or exhibiting for sale, by samllle, by catalogue, or otherwise, or taking orders for future delivery of any goods, wares or I merchandise, or for services to be performed in the future, is within the meaning of this Ordinance, an "Itinerant Vendorn.; a "consumer" is one who uses, and by using destroys the value of the article purchased. This Ordinanoe shall in no way effect any person, firm, co-partnership or corporation with a commeroial rating and who maintains a permanent place of business in the state of Montana. SECTION 3. AKOUNT OF LIOENSE. For the purpose of defraying the expenses of police regulation under this Ordinance, and other ordinances and regulations of the City ot Bozeman, every Itinerant Vendor desiring to do business in the Qity of Bozeman must beforeoommencing suoh business, pay to the Direotor of Finance of suoh City, the sum ofTen Dollars tor a license to conduct such business for a period of ninety days from the date such license is issued. SECTION 4. APPLICATION FOR LICENSE. , Every Itinerant Vendor desiring to do business in the City of . I Bozeman, must before commenoing such business tile with the Director of Finance, on a form to be provided by the Director of Finanoe, an application in writing subscribed and sworn to by suoh applicant before an officer in this state authorized to take oaths, which applioation shall set forth: 1. Name of Applioant. 2. His place of permanent residenoe. 3. His looal hoadque.r'ters,it,.,,,,,. ~ 146 .... . 4. Time of his arrival in the City. 5. City or County from which last license, if any, reoeived. 6. Whether acting as prinoipal, agent, or employee. 7. If acting as Agent or Employee, the name and place of business of his principal or employer. I 8. If an Agent, as part of application, Prinoipal's aoknow- ledgment of suoh Agenoy must acoompany applioation. 9. Brief descriptive list of artioles to be offered for sale, or servi~e to be performed. 10. Whether payments or deposits of money are collected when orders are taken, or in advance of final delivery. At the time of filing the application, suoh Itinerant Vendor must accompany the applioa~ion above provided with the sum specified in the preoeding section as a lioense fee. SECTION 5. BOND REQUIRED IF DEPOSIT TAKEN ON ORDERS FOR FUTURE DELIVERY. Every applioation made by an Itinerant Vendor taking orders tor future delivery and colleoting advance payments, deposits or guarantees thereon, under the terms of the preceeding".~lons, shall be accompanied by a bond in the penal sum of $250.00 to said Director of Finance, executed by a surety oompany licensed to do business in this State, or by two responsible freeholders residing in the County and whose names appear upon the assessment roll of the County of I Gallatin (or in lieu thereof a oash bond of equal amount) and to be approved by the Director of Finance, oonditioned upon making of final delivery of goods ordered or the services to be rendered, in ~ordanoe;'with the terms of such order, or failing therein, that the monies advanced by his customers ~e refunded. Any person aggrieved by the action or misrepresentation of any such Itinerant Vendor shall have a right of aotion on the bond for the recovery of his money advanced <?r d. ainages and costs. Suoh bond shall remain in full force and effect for a period of six months after the expiration of any sue1:\. lioense, and shall be held to assure only business transacted under the authority of the license issued pursuant to the application which suoh bond aoeompanied. SECTION 6. ISSUANCE OF LICENSE; ENDORSEMEN~, AND FILING OF APPLICATION. Upon filing of the application prescribed in Seotion 4 or the filing of such application and the bond prescribed in Section I . . 5, in proper form, and upon the payment to the Direotor of Finance of the sum required by Seotion3 of this Ordinance, the Director of i'ina.nce shall issue and deliver to the applioant, a license to carry on the business, described in such application, in the City, for a period of ninety days from the date of.. such license. Sucp.'license shall be non-transferable and shall have printed on the faoe thereof in bold type, the words, "Not Transferable". 147 The Director of Finanoe shall endorse upon eaoh application the date of issuance of the license and shall immediately file such applioation with the Clerk of the Commission of the City of Bozeman, who ::shall file the same ----- I in his office and keep an appropriate index thereof, whioh shall show the date filed, the name of the applioant and an appropriate reference to the file number by which said application may be found. SECTION 7. PENALTY FOR FAILURE TO EXHIBIT LICENSE. Every such Itinerant Vendor doing business under the provisions of this Ordinanoe must upon demand of any person exhibit his license and permit the same to then and there be read by the person making such demand; and any suoh Itinerant Vendor who shall .tl~ly refuse or fail to exhibit h~s license as above pr~vided is guilty of a violation-ot this Ordinance and shall be fined not less than $10.00 nor more than .25.00 for each offense. SECTION 8. PENALTIES AND PROSECUTIONS. Proseoutions for violation of this Or4inance shall be in the Police Court of the City of Bozeman, Montana, upon written complaint of the city Manager, Director of Finance, or Chief of Police of said City, or of any citizen of Bozeman. In addition to fine and imprisonment hereinafter pro- .- vided tor violation of this Ordinance, a civil Judgment for the amount of I the license found due and unpaid may be entered against the defenqant, if found guilty, and the same may be enforoed by the City of Bozeman, through its Director of Finance, in the manner provided in Sections 2241 to 2246, inclusive, Revised Codes of Montana, 1921. SECTION 9. PENALTY FOR DOING BUSINESS WITHOUT LICENSE. Every Itinerant Vendor as herein defined~ doing business, without procuring the license therefor as herein required, shall be deemed ~ilty of a violation of this Ordinance and-upon conviction thereof in the Police Court of the City of Bozeman shall be fined not,less than Five Dollars nor more than Two Hundred Dollars, or by imprisonment in the City or County Jail for not less than one day, nor more than ninety days, or by both suoh fine and imprisonment; provided, that if any such fine so imposed be not paid it shall be satisfied by the person UPO~Whom it is imposed by imprisonment in the City or County Jail at the rate of one ..day{s imprison- rpent for each Two Dollars of such fine. Any prosecution, conviction and punishment under this section shall not relieve from payrpent of the I license required, but the same must also be paid and may be collected by the means and in the manner elsewherein this ordinance provided. ~. SECTION 10. INTERSTATE C OMl4ERCE. - Nothing in this Ordin~nce contained, is intended to operate so as to interfere with the power of the United States to regulate oommerce between the States as such power is defined by the Supreme Court of the United states. ~'- , , ,".' 148 SECTION ll. CONSTITUTIONALITY. It any provision of this Ordinance shall be held to be in contravention of th~ Co.stitution of the United States, or of the State of Montana, pr invalid for any reason, the invalidity of I such provisions shall in no manner effect the other provisions of '. this Ordinance, but every other section and every other provision shall be upheld as the legislative will of the City of Bozeman, .,. Montana, to the same extent as though such unconstitutional or invalid provisions had not been a part of this OrdlBance. SECTION 12. REPEAL. That all Ordinances and parts of Ordinanoes in conflict herewith are hereby repealed. SECTION 13. EFFECT. That this Ordinanoe shall be in full force and effect from and after thirty days after its final passage. PinallylJassed by the Commission of the City of Bozeman this 6th day o~ December, 1929. ~~ - Attest: .'~Jl.JJ I .. Cler. 0 . e B"ommissl0n Introduced, read for the first time, and provisionally passed by the Commission of the City of B9zeman, this 29th day of November, 1929; f;i.na1 passage fixed for meeting of the Commission December 6, 1929. Published in the Bozeman Daily Chronicle, December 8th 1929. Effeotive January 5, 1930. I, Walter Davis, Clerk of the Co~lssion of the City of Boz~man, Montana, do hereby oertify that the foregoing Ordinance No. 580 of the City of Bozeman, Montana, ~s published by title in the Bozeman Daily Chroniole, a daily newspaper of g.neral circulation, printed and published in the City of Bozeman, in the issue of Dec. a, 1929" and that due proof of said publication was made and tiled in my office. IN WITNESS WHEREOF I have hereunto set my hand and the oor- I porate seal of said Clt, this 8th day of December, 1929. - - Cle~Omm!8S10n , .