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HomeMy WebLinkAboutOrdinance 29- 584, Defines "Huckster" and Regulates and Licenses Them 1'69 PI'oot ll€>ad. ami OlHl()!tcd ....1.~.;~-_..~..... ORDINANCE NO. 884 _......._2-.....__.:..2_ AN ORDINANCE DEFINING THE TERM "HUCKSTER" AND TO REGULATE AND LICENSE HUCKSTERS, AND TO FIX THE TERMS OF REGULATIONS, AND THE AMOUNT OF LICENSE FEES TO BE PAID, AND TO PROVIDE FOR THEIR COLLECTION, AND TO PREVENT FRAUDS, AND TO PROVIDE PENALTIES FOR THE VIOLATION OF ANY OF I THE TERMS OF THIS ORDINANCE AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF BOZEMAN: SECTION 1. AUTHORITY. Pursuant to the power and authority vested in the Commission by provisions of Section 242l (as amended by Chapter 183, Laws of Montana, 1925), Section 5039 (as amended by Chapter 20, Laws of Montana 1927), Section 5224 and Section 5409 R.C.M. 1921; and in aid of the police power and regulations of the City of Bozeman it is hereby declared un- lawful for any Huckster to do any business in the City o~ Bozeman before having made application for and having received a license as herein- after provided. SECTION 2. DEFINITION OF TERMS. Any person engaged or employed in the business of b~ing and selling farm products who disposes of such products by selling them at retail to consumers by going from house to house, is within the meaning of this Ordinance, a Huckster. I SECTION 3. AMOUNT OF LICENSE. Every Huckster desiring to do business in this City must, before commencing such business, pay to the ])irector of Finance, the sum of : Twenty Five Dollars ($25.00) for a license to conduct such business for a period of six months from the date such license is ~ssuedf PROVIDED, - tnat no fee shall be required of a grower or producer of farm products for a license to dispose of such products as have been grown or pro- duced by him. SECTION 4. APPLICATION FOR LICENSE. Every Huckster desiring to do business in this City, must before commencing such business, file with the Director of Finance, on a form to be provided by such Direotor of Finance an applioation in writing, which applica~lon shall set fortHz ~ 1. Name pi Applicant. 2. His place of' perma1UJnt residen,.. 3. Whether aoting as prlnQipal~ Agent, or Employee. I 4. If acting as Agent or Employee, the name and place of business ot his Principal or Employer.. At the time of filing the application, such Huckster must acoompany the application above provided with the SUm specified in the preceding section as a license fee. . SECTION 5. ISSUANCE OF LICENSE. Upon filing of the applioation specified in Section 4 and upon the payment to the Director of Finanoe of the sum specified in Section 3 of '. '';. !~'~.. ,. .. .-:.. 170 this Ordinance, the Director of Finance shall issue and deliver to the Applicant, a license to carryon the business of a Huckster for a period of six months from the date of such license. Such license shall be non- transferable and shall have printed on the face thereof in bold type the . I words "Not Transferable." The Director of Finance shall endorse upon each application the - date of issuance of the license and shall immed1atel1'fl1e such application with the Clerk of the Commission who shall file the same in his office and keep an appropriate index thereof, which shall show the date filed, the name of the applicant, and an appropriate reference to the file number by which said application may be found. SECTION 6 . ,,,,PENALTY FOR FAILURE TO EXHI BIT LICENSE. ~ . Every SUCh Huckster doing business under the provisions of this Ordinance must upon demand of any interested person exhibit his lioense and permit the same to then and there be r,ad by the person making such 1 demand; and, any such Huckster who ehal Wilfully refuse or fail to exhibit ;." /, .. , .., his license as above provided" is guilty of a violation of this Ordinance . . and shall be,~ined not less than Ten Dollars ($lO.aO) nor more than Twenty-five Dollars ($25.00) for each offense. SECTION 7. PENALTIES AND PROSECUTIONS. Prosecutions for violations of this Ordinance shall be in the I Police Court of the City of Bozeman, ~ntana, upon written oomplaint of ,',..._,: the City Manager, Directo~ of Finance, or Chief of Police of said City, or of an) citizen of Bozeman. In addition to fine and imprisonment hereinafter provided for violation of this Ordipance, a civil judgment for the amount of the license found due and unp-.id may be entered against the defendant, if found guilty, and the same may be enforced 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 8. ~ENALTY FOR DOING BUSINESS WITHOUT LICENSE. Every Huckster as herein defined, doing business without procuring the license therefor as 'herein required, shall be deemed guilty of a ,.....'~'. violation of this Ordinanoe and upon conviotion 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 Ja11 for not less than o.ne day, nor more than ninety days, or by I both suc):l fine and- imprisonment;" PROVIDED, that if any such fine so -imposed be not paid it shall be satisfied by the person upon whom it is- imposed by imprisonment in the City or Connst.Jail at the rate of one day'S imprisonment for each Two Dollars of such fine. Any proseoution, convictipn and punisbment under this section shall not .relieve from pay- ment of the license required, but the same must also be paid and may be collected by the means and in the manner elsewherein this Ordinanoe provided. 171 SECTION 9. INTERSTATE COMMERCE. Nothing in this Ordinance 'contained, is intended to operate so as to interfere with the power of the Unltea Stat~B to regulate commerce between I the states as such power is defined by the Supreme Court of the United states. SECTION 10. CONSTITUTIONALITY. If any provision of this Ordinance shall be held 'to be in contravention . < of the Constitution of the United states, or of the state of Montana, or invalid for any reason, the invalidity of 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, Mon tana, to the same extent as tho such unconstitutional or invalid provisions had not been a part of this Ordinance. SECTION 11. REPEAL. That all Ordinances and parts of Ordinances in conflict herewith are hereby repealed. SECTION 12. EFFECT. . That this Ordinance shall b~ in full force and effect fro~ and after thirty d~s after its final passage. Finally passed by the Commission of the City of Bozeman this 20th -I day of December, 1929. . O~ItL1 yor Attest: ... '"t. .; Clerk~ission -.. - . _. , -. .... "-. /_.. Introduced, read for the first time, and provisionally pas.sed by the. Commission of the City of Bozeman, this 13th day of December, 1929; final passage fixed for a meeting of the Commission December 20, 1929. Published in the Bozeman Daily Chronicle., December 22nd, 1929. Effective Jan~ry 19, 1930. I, Walter Davis, Clerk of the Commission of the City of Bozeman, Montana, do hereby certify that the foregoing Ordinance No. 586 of the City of Bozeman, Montana, was published by title in the Bozeman Daily I Chronicle, a daily newspaper of general ciroulation, printed and pub- lished in the City of Bozeman, in the issue of Dec. 22, 1929, and that due proof of said publication was made and filed in my office. ',. ,,' '.. ' :.,~" . IN WITNESS WHEREOF I have hereun.:~,~:.~mt--=iJW. hand and the- corporate seal of said City this 22nd day of Dece~er, 1929. "- ....'-.. - " - , :j. -~ .. ero~.. he Commission . ....,'.,-'.