HomeMy WebLinkAboutLicensing & Rugulating Itinerant Produce Dealers (Not Signed by the Mayor)ORDINANCE No. ��,L7
Passed by the Common Council of the City of South Bend, Indiana,
Attest:
Attest:
City Clerk.
President of Common Council.
Presented by me to the Mayor of the City of South Bend, Indiana
M
Approved and signed by
91, el
.a
City Clerk
ORDINANCE NO.
AN ORDINANCE LICENSING AND REGULATING
ITINERANT PRODUCE DEALERS.
BE IT ORDAINED BY THE COMMON COUNCIL OF THE,CITY
OF SOUTH BEND, INDIANA:
Section 1. That the term "itinerant produce dealers"
for the purpose of this ordinance shall be defined as a person,
firm, corporation or association that sells or offers for
sale from a cart, wagon, truck, automobile or other vehicle
operated or propelled over and upon the streets and thorough-
fares of the city of South Bend any fruits, vegetables, or
garden produce, either in a fresh, dried, processed or canned
state, butter, eggs, meats, game, live anddressed poultryt;ito
any person, firm,,00rporation, or association engaged in the
business of wholesale, -of the same produce within the city of
South Bend, Indiana. The use of carts, wagons, truoks, automo-
biles or other vehicles for the purpose of delivering in response
to orders previously obtained, fruits, vegetables or garden pro-
duce, either in a fresh, dried, processed or canned state, butter,
eggs, meats, live and dressed poultry, by any person, firm, cor-
poration or association operating a regularly established store
or warehouse and /or trucking or distributing business, shall not
be deemed to bring the person, firm, porporation or associa4;ion
making such deliveries within the term "itinerant produce dealer ";
nor shall it include any person selling or offering for sale pro -
duoe of his own raising or producing nor to any person, firm,
corporation or association-peddling at retail exclusively.
Section 2. It shall be unlawful for any person, firm,
corporation or association to engage in the business of itinerant
produce dealers in the city of South Bend without first having
been duly licensed go to do as hereinafer provided. Every
applicant for a license shall make application in writing to the
city controller, which application shall set forth the name under
which the business is to be donducted and the name of each person
interested in the said business. Said application shall contain
as reference the names of at least two citizens of the city of
South Bend as to the character of the applicant.
Section 3. Licenses for the carrying on of the bus-
iness of itinerant produce dealers shall be issued annually
and shall expire on the 31st day of December of each year; shall
not be transferrable and no deducations shall be allowed from the
fee for such license for any part of the year during which the
licensee shall not exercise the right of such license. The
license fee for carrying on the business of itinerant produce
dealer by means of a cart, truck, wagon, automobile or other
vehicle operated upon the streets, thoroughfares and public
places shall be Two Hundred ($200.00) dollars per annum.
Section 4. Every licensee as itinerant produce dealer
shall execute and file a bond in the sum of five hundred ($500.00)
dollars to be approved by the city controller as to sureties and
form, which bond shall be conditioned upon the faithful observance
of the provisions of this ordinance and of all ordinances of the
city of South Bend and the laws of the State of Indiana concerning
or regulating the merchandise and handling of products dealt in
by the licensee, and it shall also be conditioned so as to indemni-
fy any person obtaining a judgment against the licensee because of
any damage sustained on account of the violation by the licensee
of the said ordinance or laws, or because of misrepresentation or
deopption which may have been practiced on such person by the
licensee while carrying on his licensed business.
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Section 5. Upon the filing of the bond and the payment
of the license fee hereinbefore prescribed, the city controller
shall issue to the applicant a license as itinerant produce deal-
er and shall furnish the said licensee two metal signs not less
than six inches wide and nine inches long, upon which shall be
inserted "Itinerant Produce Debler's License, South Bend, Indiana,
No. " giving in the blank space the number of such license
and the year during which the same shall be in force, which metal
sign shall be securely fastened in plain view on both sides of the
vehicle used by such licensee wherever he is engaged in operating
under such license.,; r
Section 6. No lieense-as an itinerant produce dealer shall
be required of any farmer, producer or other -- -person selling producttCs,.. .
of his own raising or producing
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0 Sb'etion 7 Each licensee, at the time of making any sale
of produce, shall deliver to the purchaser a sales slip which shall
contain in a conspicious place thereon the license number assigned
to such licensee.
Section 8. The issuance of a license hereunder shall not
be construed in any manner to exempt the holder thereof from the
obligation of compliance with any and all ordinances of the city of
South Bend, provided, however, an itinerant produce dealer selling
exclusively at wholesale shall not be required to obtain a peddlers
license under the provisions of ordinance No. 2948.
Section 9. Any person, firm, corporation or association
or any agent, servant, employee or officer thereof violating any
of the provisions of this ordinance, shall upon conviction thereof
be fined in any sum not to exceed two hundred ($200.00) dollars for
each and every offense, and each day or a fraction of a day any
person, firm, corporation or association shall be engaged in such
business without license shall be considered a separate and distinct
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offense.
Sec Uon 10.
ordinance is found to
the remaining portion
Sectinn 11.
effect from and after
law.
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If any section or part of•sectioa of this
be invalid, such shall not serve to invalidate
of said ordinance.
This ordinance shall be in full forge and
its passage and publication according to