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HomeMy WebLinkAbout0741 Ordinance. .. . - :t ORDINANCE NO. 741 J AN ORDINANCE DEFINING, REGULATING AND LICENSING SOLICITORS: REQUIRING A BOND: PROVIDING A PENALTY FOR THE VIOLATION HEREOF: REPEALING ORDINANCES NO. 634 and 711 AND EXCEPTING CERTAIN PERSONS FROM THE EFFECT THEREOF THE CITY COUNCIL OF THE CITY OF PASCO DOES ORDAIN AS FOLLOWS: SECTION to DEFINITION: A solicitor within the meaning of this ordinance is defined to be any person who goes from housd to housep or place to place, in the City of Pasco, selling or taking orders for or offering to sell or take orders for goods, wares, or anerchandise, for present or future delivery, or for the making, manufacturing, or repairing of any article or thing whatsoever, for present or future delivery, except those selling to merchanfts for resale. It shall not include vendors of milk, bakery products] groceries, ice or fuel, who distribute their products to regular customers on established routes. SECTION 2. LICENSE: It shall be unlawful for any person to act as solicitor within the meaning and application of this ordinance unless he or his employer shall have first secured a license therefor in the manner provided by this ordinance. SECTION 3. FEES: The license fees for solicitors hereunder shall be as follows: `$5.00 per annum for each calendar year or fraction thereof, payable in advance, for each solicitor as defined in Section 1. SECTION 4m APPLICATION: Any person or firm desiring to secure a solicitor's license shall apply therefor in writing over his or her signature to the City Clerk on forms provided by the City, and such application shall state as to each solicitor (1) the name and address of each solicitor, (2) the name and address of the person, firm or corporation by whom employed, (3) the length of service of each such solicitor with such employer, (4) the place of residence and nature of the employnsent of each solicitor with such employer during the last preceding year, (5) the nature of character of the goods, wares, merchandise, or sere ces to be offered by each solicitor, (6) the personal description of each solicitor# Such application shall be accompanied by such credentials and other evidence of the good moral character and identity of each solicitor as may, be reasonably required by the City Clerk. SECTION 5. BOND REQUIRED: No license shall be issued to any solicitor until a cash or surety bond of '$1,000.00 be deposited with the City Clerk for the City of Pasco con- ditioned upon the making of final delivery of the goods ordered or services to be performed, in accordance with the terms of such order, or failing therein, that the advanced payment on such order be refunded, and there- upon such license or licenses may immediately be issued. Any person aggrieved by the action of any such solicitor shall have a right of action on the bond for the recovery of money or damages or both. Such bond shall remain on deposit for a period of ninety days after the expiration of such 1. w 2h license unless sooner released by the City Council of the City of Pasco. SECTION 6a .CARRY LICENSE: Such license shall be carried at all times by each solicitor for whom issued, when soliciting or canvassing in the City and shall be exhibited by any such solicitor whereever he or she shall be requested to do so by any police officer or any person solicited. SECTION 7• REVOCATION: Any such license may be revoked by the City Council for the violation, or any violation by the employer or solicitor, of any of the ordinances of the City or of any State or Federal law, or whenever such solicitor shall in the judgment of the City Council cease to possess the character and qualifications required by this ordinance for the issuance of such permit. SECTION 8. ORDERS: All orders taken by licensed solicitors shall be in writingp in dup- licate, stating the name as it appears on the license, and address of both the solicitor and his employer, the terms thereof, and the amount paid in advance, and one copy shall be given the purchaser. SECTION 9. PENALTY: Any person, firm or corporation violating the terms of this ordinance shall, upon conviction, be fined in any sum not less than $10.00•nor more than J100.00 for each offenses Every day upon which such violation shall occur or upon which such violation shall continue shall constitute a separate offense,. SECTION 10. REPEALED ORDINANCES: All ordinances and parts of ordinances in conflict herewith are hereby repealed. SECTION 11. EXCEPTION: This ordinance shall not apply to the peddlers of or the taking orders for the sale of any fruits, vegetables, berries, butter, eggs, milk, poultry, meats, or.farm products raised or produced by such solicitor or peddler, oraany established business, firm or corporation within the limits of Pasco, Kennewick and Richland who has a stock of merchandise available for immediate sale to the public and who has a valid business license as required by ordinance to operate within the City of Pasco. However, all vendors under this section shall make application for a permit at the City Clerk's Office. No fee shall be charged. SECTION 12, CONSTITUTIONALITY: If any section, sentence, clause, phrase or other part of this ord- inance is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining part thereof. 003 - SECTION 13. EFFECTIVE DATE: This ordinance shall be in full force and effect five (5) days after its passage and publicationo Passed by the City Council this day of , 1953 - Approved by the Mayor this day of , 1953 - ATTEST: APPROVED AS TO FORM: CITY ATTORNEY