HomeMy WebLinkAboutRegulating & Licensing Peddlers, Hawkers, and Operators of Open Air Stands and Repealing Ordinances in Conflict TherewithORDINANCE No.
Passed by the Common Council of the City of South Bend, Indiana,
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Attest:
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City Clerk.
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Attest. President of Common Council.
Presented by me to the Mayor of the City of South Bend, Indiana
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City Clerk
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Approved and signed by me� 1.3f5 193J,-
ORDINANCE NO. 2948
AN ORDINANCE REGULATING AND LICENSING PEDDLERS,
HAWKERS, AND OPERATORS OF OPEN AIR STANDS, AND
REPEALING ORDINANCES IN CONFLICT THEREWITH.
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BE IT ORDAINED BY THE COM'. -fON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA:
Section 1
Every person who shall sell or offer for sale
goods, wares, or merchandise directly to a consumer by
going from house, to house for the purpose of selling such
goods, or by selling and peddling such goods from a pack
or vehicle, either by going from place to place, or offer-
ing same from such pack or vehicle, in any public road,
street, square, or other public place, shall be deemed a
peddler and shall, before enggging in such business, obtain
a peddlerXS license as herein provided.
Section 2
For the purpose of this ordinance as applying to the
matter of the charge and collection of license fees, the year.
shall be divided into four periods, corresponding with the
four calendar quarters. The first period shall be from January
1 to March 31; the second period shall be from April l to June
30; the third period shall be from July 1 to September 30; and
the fourth period shall be from October 1 to December 31. All
licenses for packs, push carts, wagons, motor vehicles, or any
other vehicle, shall be issued for one of the above periods only
and all fractional parts .of periods shall be charged as a full
period.
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Section 3
The fees for licenses for peddling as above set forth
for a period of one quarter, shall be as follows:
Section 4
Pack Peddler - Eight Dollars ($8.00) per quarter period.
Push cart, wagon, motor vehicle,
or any other vehicle - Twenty -five Dollars ($25.00)
per quarter period.
Pack peddlers shall be supplied with a suitable badge
to be worn on a coat or attached to pack or basket. The number
of this badge or tag shall be noted in the license; the colors
of such badges or tags shall be changed each period during the
year. Vehicle andpush cartpeddlers shall be supplied with two
metal plates bearing the same numbers on each plate. These plates
shall be at least 32 x 7� inches in size, and one shall be at-
tached in a conspicuous position on each side of the wagon. The
numbers of these plates shall be noted on the licenses when issued
and the color of the plates shall be changed in each of the four
annual periods.
In case a plate is lost and the remaining plate, if any,
shall be returned to the Controller and an affidavit made as to
the loss thereof, whereupon the Controller shall issue a set
of plates, noting the change in the license, for # new sets of
plates thus issued, the Controller shall charge the sum of Two
Dollars ($2.00) .
Section 5
Any person desiring a license to peddle under the pro-
vision of this ordinance shall pay to the City Treasurer the
amount of license fee as provided in this ordinance, and shall
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present the receipt for such payment to the City Controller, who,
thereupon shall issue to such applicant a license signed by himself
and the Mayor, and shall furnish such applicant with license tags
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or plates. But the City Controller is authorized to refuse to
issue any license if the business to be carried on by the appli-
cant, is in violation of any law or city ordinance. Any license
issued under the provision of this ordinance shall not be trans-
ferable .
Section 6
That the provisions of this ordinance shall not Ep ply to
the sale of newspapers nor to the sale of zaiGM554, vegetables, '�
or fruits when such e. vegetables, or fruits are raised,i°1�
grow ry the person so selling the same, nor shall
the provision of this ordinance apply to wholesale traveling
merchants who sell only to resident retail dealers in wholesale
quantities, provided, however,
that all persons who desire to
sell pro1.uce, vegetables, or fruit of their own raising shall,
before peddling the same, apply to the City Controller and make
affidavit to the effect that the ?,Yroduce, vegetables or fruit
which he desires to sell is of his own raising and if such person
fails or refuses to make such affidavit, then if he peddle, he
shall be liable to the penalties of this ordinance.
Nothing in this ordinance shall be construed to require
United States 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.
Section 7
Peddlers and hawker &,while engaged in their occupations
as such 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 negotiating a sale, or sales.
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Section 8
Every person who shall erect, place, or stand in said
city an open air booth, shed, tent, stand, push cart or other
vehicle for the purpose of selling, bartering or exchanging on
or from such place any goods, wares or merchandise (which terms
shall include also all fruits, vegetables, country produce,
refreshments and confectionery) 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 stationary open air business
if conducted on private property, shall be Three Dollars ($3.00)
per day, Twenty -five Dollars ($25.00) per month, and One Hundred
and Fifty Dollars 4150.00) per year, and if to be conducted
upon public places in said city, then such license fee shall
be Ten Dollars ( ,$10.00) per day, Thirty Lollars ($30.00) per
month, and Two Hundred Dollars ($200.00) per year, provided,
however, that no license shall be issued by the City Controller
upon any such application to engage in such business until the
stand or vehicle and the place of operation is designated in
writing upon the application and the.said place and the stand
or vehicle from which sales are to be made are approved, in
writing, by the Board of Safety of said City. Any license
issued under the provisions of this section shall not be trans-
ferable and shall be used only by the person to whom it is issued
and at the places therein designated.
Section 9
That all applicants for licenses to sell or peddle
any goods, merchandise, fruits, vegetables, or produce sold by
weight or measure, shall at the time of making such application
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present to the City Controller 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 City Sealer izsued 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 10
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 herein provided; or any person
violating any of the provisions of this ordinance in any other
manner, shall be fined in any sum not exceeding Fifty Dollars
(50.00), and each day's violation of this ordinance shall be
deemed a separate and distinct offense.
Section 11
If any section of this ordinance shall be held invalid,
it shall not render invalid the other sections hereof.
Section 12
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. 2813
adopted December 10, 1929, and Ordinanne No. 1758, adopted
February 22, 1915, and Section 6 of Ordinance No. 1784, adopted
May 10, 1915, are hereby repealed.
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Section 13
This ordinance shall be in fall force and effect
from and after its adoption and legal publication.
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