HomeMy WebLinkAboutOrdinance to Amend Ordinance No. 2948 and to Extend the Regulation and the Licensing of Peddlers, Hawkers & Operators of Open Air StandsORDINANCE N0, 3119
AN ORDINANCE TO AMEND ORDINANCE #2948 AND TO EXTEND THE REGULATION AND
THE LICENSING OF PEDDLERS, HAWKERS AND OPERATORS OF OPEN AIR STANDS
AND TO EXTEND THE PROVISIONS OF SAID ORDINANCE TO INCLUDE TRAVELING
STORE KEEPERS AND DEFINING THE VARIOUS GROUPS SO REGULATED AND REPEAL-
ING ORDINANCES IN CONFLICT HEREWITH.
BE IT ORDAINED BY THE COMMON COUNCIL OF SOUTH BEND.
Section 1 - Elfery person who shall sell or offer for sale, goods, wares,
or merchandise, directly to consumers by going from house to house for
the purpose of selling such goods or by selling such goods from pack
or vehicle, either by going from place to place, or offering same from
such pack or vehicle, in any public road, street, square, or other
public place, shall be deemed a peddler and shall before engaging in
such business obtain a peddlers license as herein provided.
Section 11 - Every person, firm, co- partnership or corporation who shall,
sell or offer for sale goods, wares of merchandise, directly to consum-
er by means of what is commonly known as traveling store, that is to sayp
when such person, firm or corporation shall maintain a minature grocery
store on wheels and shall travel or cause to be traveled in the residenttal
section of the city of South Bend for the purpose of operating a grocery
store on wheels shall, before engaging in such business obtsin a travel-
ing store license as herein provided.
Section 111 - Fork the purpose of this ordinance as applying to the
matter of charge and collection of fees the year shall be divided in four
periods, corresponding to the four calendar quarters; the first period
shall be from January 1 to March 31st; the second period shall be from
April 1st to June 30th; the third period shall be from July let. to Sept-
ember 30th; the fourth period shall be from October 1st. to December 31st -
All licenses for packs, push carts, wagons, motor vehicles, travelling
stores shall be issued for one of the above periods only and all fraction-
al parts of a period shall be charged as full period.
Section 1V - Fees for licenses for peddling other than for travelling stores
as set forth fora period of one quarter shall be as follows:
Pack Peddler --------------- $9.00 per above quarter
Push cart, wagon, and motor vehicles other than traveling
stores --------------------- $25.00 per above quarter.
Section V - Fees for licenses for traveling stores as set forth for a
period of one quarter as mentioned above shall be:
(a)Fork the first store thus operated the fee shall be $25.00
(.,For each additional store thus operated within the limits of the
City of South Bend the fee shall be ------------------- $125.00
Section V1 - Pack Peddlers shall be supplied with suitable badges to be
attached to pack or basket. The number of this badge to be noted in the
license. The colors of such badge -or tags shall be supplied each period
during the year. Vehicle and push cart peddlers together with travelling
storeu shall be supplied withiwo metal ylates bearing same numbers on each
plater these plates shall be at least 3z" by 7z" in size and one shall be
conspicously placed on each side of wagon or traveling store. The numbers
of these plates shall be noted on the license when issued, and the color
of plates changed in each of the four periods. In case a plate is lost
and the remaining plate, if any, shall be returned to the controller and
an affidavit made to the loss thereof, whereupon the controller shall
issue a set of plates noting change in license for a new set of plates
thus issued. The controller shall charge a sum of two dollars.
Section Vll - Any person desiring a license to peddle under the provisions
of this ordinance shall pay to the city controller the amount of license
fee as provided in this ordinance and shall present the receipt for pay -
ment to the controller who thereupon shall issue to such applicant, lic-
ense, signed by himself and the mayor and shall furnish such applicant
a license tag or plates. The City (Pontroller is authorized to refuse to
issue any license if the business to be married on the applicant is in
violation of any city law or ordinance. Aln9t license issued under provision
of this ordinance shall not be transferable.
Section V111 - That the provisions of this ordinance shall not apply to
the sale of newspapers nor to the sale of vegetables, or fruits when
such vegetables or fruits are raised, and grown by the person so sell-
ing the same, now shall the provisions of this ordinance apply to whole-
sale traveling merchants who sell only to resident retail dealers in
wholesale quantities, provided however, that all persons who desire to
sell produce, kvegetables, or fruits of their own raising shall, before
peddling the same, apply to the City Controller and make affidavit to
the effect that the produce, vegetables or fruit which he desires to
sell is of his own raising and if such person fails to make such affidavit,
then if he peddle, he shall be liable to the penalties of thkis ordinance .
Nothing in this ordinance shall be construed to require United °tates War
Veterans, who are authorized to peddle without a license, by the laws of
the State of Indiana, to obtain a license from the City of South Bend.
SectionlS - Peddlers and hawkers while engaged in their occupations as
on the streets and public places of the City of South Bend, shall keep
moving from place to place, save and except while in the act of negotiat-
ing a sale or sales.
Section X - Every person who shall erect, place, or stand in said City
an open air booth, shed, stand, push cart or other vehicle for the pur-
pose of selling, bartering or exchanging on or from such place any goods,
wares or merchandise (such terms shall include also all fruits, vegetables
country produce; refreshments and confectimnery) before engaging in such
business shall obtain a license therefor from the City Controller, which
license shall designate the place where such stand is to be operated
and the kind of booth, shed, tent, stand, push cart or vehicle in and
from which such articles are to be sold.
The license fee for such stati nary openair business if conducted
on private roperty shall be ($3.00) per day. Twenty -five Dollars per
month, and 50.00] per year and to be conducted upon public places in
said city, then such license fee shall be ($10.00) per day, ($30.00) per
month, and (4200.00) per year provided, however, that not license shall
be issued by the City Controller upon any such application to engage in
such business until the stand or vehecle and the place of operation is
designated in writing upon the application and the said place and the
stand or vehicle fmxm from whddh sales are to be made are approved, in
writing, by the Board of Safety of said city. Any license issued under
the provision of this section shall not be transferable and shall be
used only by the person to whom it is issued and at the place therein
designated.
Section X1 - That all applicants for license to sell or peddle any goods
merchandise, fruits, vegetables, or produce sold by weight or measure
shall ht the time of making such appiication present to the City Controll-
er a certificate signed by the city Sealer showing that all scales or
measures used by said applicant in his business of peddling, have been
tested and approved during that year by the City Sealer. The certificate
of the Ctty Sealer issued to the applicant during any year shall be
sufficient authority for the City Controller to issue a license for any
period of said year.
Section X11 - That any person who sells or offers for sale, barter or
exchange any goods, wares, merchandise, fruits, vegetables, or produce
without a license as required by this ordinance, or any person who being
so licensed, refuses or fails to display his license tag or plates as here-
in provided; or any person violating any of the provisions of this ord-
inance in any other manner, shall be fined in any sum not exceeding
ORM ($50.00) and each days violation of this ordinance shall be deemed
a separate and distinct offense.
Section X111 - If any section of this ordinance shall be hdld invalid, it
shall not render invalid the other secti:jns hereof.
Section X1V - All ordinances, or parts, of ordinances, pertaining to
hawking, peddling, and the operation of open air stands, in conflict
with this ordinance, including ordinance No. 2913 adopted December
10, 1929 and ordinance No. 1758, adopted February 22, 1915, and
Section 6 of ordinance No. 1794+, adopted May 10, 1915, are hereby
repealed.
Section XV - This ordiumce shall be in full force and effect from
and after its adoption and legal publication.
ER OF THE COMMON COUNCIL
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