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HomeMy WebLinkAboutLicensing & Rugulating Itinerant Produce Dealersl ORDINANCE Passed by the Common Council of the City of South Bend, Indiana, _ Attest: 193 Clerk. Attest: /^ Q �`— President of Common Council. Presented by me to the Mayor of the City of South Bend, Indiana Approved and signed by City Clerk 3 ORDINANCE NO. '30 a-A AN ORDINANCE LICENSING !HD REGULATING ITINERANT PRODUCE DEALERS. BE IT ORDAINED BY THE CO1VID40N 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 and dressed poultry, to any person, firm, corporation or association engaged in the business of the resale at retail or wholesale of the same pro- duce within the city of South Bend, Indiana, or to any club, store restaurant,, hotel or /in said city. The use of carts, wagons, trucks, automobiles or other vehicles for the purpose of de- livering in response to orders previously obtained, fruits, vegetables or garden produce, either in a fresh, dried, process- ed or canned state, butter, eggs, meats, live anddressed poultry, by any person, firm, corporation or association operating a re- gularly established store or . warehouse and /or trucking or distributing business, shall not be deemed to bring the person, firm, corporation or association making suc# deliveries within the term "itinerant produce dealer "; nor shall it include any person selling or offering for sale produce 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, M corporation or association to engage in the business of itinerant produce dealers in the city of South Bend without first having been duly licensed so to do as hereinafter provided. Every appli- cant 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 conducted and the name of each person inter- ested 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 business 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 deductions shall be allowed from the fee for such license for any part of the year during which the licenseeshall 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 obser- vance 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 indemnify 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 misrepresen- tation or deception which may have been practiced on such person by the licensee while carrying on his licensed business. 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 dealer 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 Dealer's License, South Bend, Indiana, N0. " 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. Section 6. No license as an itinerant produce dealer 4eaQr" shall be required of any farmer, producer or other person selling products of: his own raising or producing, provided such facts shall be shown by affidavit duly signed by such person and filed with the City Controller. Section 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 peddler's 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 (9"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 _6 business without license shall be considered a separate and dis- tinct offense. Section 10. If any section or part of section of this ordinance is found to be invalid, such shall not serve to in- validate the remaining portion of said ordinance. Section 11. This ordinance shall be in full force and effect from and after its passage and publication according to law. NYember of CommOri Z J'