HomeMy WebLinkAboutM-85-0843A Az
CITY OF MIAMI. -LOR-DA
INTER -OFFICE MEMORANDUM 19
1.1'ice-May Jov Ca --olio July 10, 1985 `;LE
A
Sale of newsnaoers of Cit;�streets
Luciartv aE�Ea"..
City attorney
V:LJ9iJ pE5
You have asked whether the City can prohibit the sale of newspapers
to motorists on City streets. In response to your question, please
be advised of the attached Attorney General's opinion that provides
that municipalities can enforce such a prohibition on state roads.
Additionally, I have attached copies of the Miami Code which prohibits
such peddlers in Section 39-18(8). Hence, the City can likewise
enforce said prohibition on non -state roads.
LAD:kt
cc: Honorable Mayor Maurice Ferre and
Members of the City Commission
Sergio Pereira
Enclosure
M 0 T/ D Al
85--843.
I
Jt3! SMITH
Art •r„ey Gmerol
`t ,te of F Gtrda
DERAMOI EN'F (A. t.LG' k L AY FAIRS
OFF;CE OF THE A 7TCRNEY GENERAL
T.HE C A PITC�L
".N—AHASSEE FLORIDA .32.301
;'ebruar.. 2, , i_?85
:Ir. Donald R. Hall
City Attorney
City of Fort Lauderdale
Pos: Office Drawer 14250
For: Lauderdale, Flc�ida 3330."
2
85-18
Re: MUNICI 'PA LIT1ES-PAPERS--vending of
newspapers on snte-u;aintainad roads and
,Dti median ?;:d s J,-_wa?ks adjacent thereto.
§337.406, F.S. (L;84 5upp.)
Dear: Mr. Hall:
This is in response to vour request fcr an opinion on the
of :owing question:
MAY A MNICIPALITY Ei1FCRCE THE PROVISIONS
OF § 339. 301 , F . S . , AC:': ! NST VENDORS WHO SELL
NEWSPAPERS iJHI:.i SfAN.'ji""G UPON STATE -MAIN-
TAINED ROAD'S rvND :-:cJI:=...5 AND SIDEWALKS
ADJACENT THERE'r0'?
Section 339.301(1), F.S., nv.q 1,337.406(1), F.S. (1984 Supp.),
provides in pertinent part!
Except when otherwise auC►►orized by law or by
the rules of the depa.rment for Transportation],
it is unlawf111. co may:: any co=ercial use of the
right -or -way of any state -maintained road,
includim- appendages c;.ereto, and also including,
but not limited to, areas, wayside parks,
boat -launching ramps, %4eigh stations, and
scenic '-k'-nts. Such prohibited uses include,
Ii::iited t:o, the sale, or the display
�a?e, �i a,i•r ►nr~-%:n-indi se; the solicita-
�.ion for the !,a1e :>f �o�is, propert: , or services
85-843
ri
R.
-i3
3ee §337.u06(2) 5.clti zt pl'i5i;l:i hc�d`rg valid peddlers
:iCErS,?S A.SSue i �,: i^pr�'''_'1�3tt'_ ;;J':,?rn; erital enr_ities_ are authorised
C.o ;take sales from vehicles : t aIl:! ing on "he r:.:`it-Ut-wa'! to Uccu-
?3ni i of 3butti::; 7r.^_^.erg_: !i!. '�O1. iC=JitS Ui thC' statute, Jr a 1V
rule of the Department ;'stew and :'Motor Vehicles (;oere
after the department) prcmuloate::i 7nereunder, are u4eclared to �e
.zisdecieanors of the see;-,, st�gree , :)"riisnaole as provided in § 7 7 5 i)3 2
or 3775.083 . See, §337. - i)6 (3) au-_ :orizing and directing t.-e depar*-
:rent and other —Law entorcL:me,it agen;:ias to enforce the statute. -
CIL., AJO 33-41 concludin that a municipal police department is a
I—aw enforcement agency.
Section 334.03(16) , F.S. (1934' Sup?.) , defines "right-of-way" fcr
nurposes of the Florida Transportation code as "[1]and in which
the state, the department, 3 coant,-, or a municipality owns t1he fee
,�r has an easement Jevoted to or required for the use, as a public
road." And see, 5334.03(17), F.S. (196/4 Supp.), defining "road" tc
Lncluda "streets, sidewalks, 31 iU':.� , highways , and other ways open
to tra,lel by the public ncludi<<; t*ae roadbed, right-of-way, and
all culverts, drains, sluices, ditches, water storage areas, water-
ways, embankments, slopes, retai:,:ng walls, bridges, tunnels, and
viaducts necessary for the maintenance of travel and all ferries
.ised in connection therewith." (e.s.) Based upon the foregoi:;g
definitions, it appears that the ganeral prohibition against the
>3le of merchandise on state -maintained roads and appendages thereto.
including the i�;at-of-wa,; , wouid ce applicable to vendors stand- ng
,n r�:e median and on sidewa ks ad 3cont co a state -maintained road.
':either §337.406, 7.5. , for any other rule or the department vrc*iul-
ated :hereunder makes anv exception ror newspapers or newspaper
vendor:. See, Rlile 14- 20'. 01 , F .... i:. , stating that " [ i ] t is the
..o'.ic,., or t, department to clear -ill ri* 4hcs-of-way throughout t^e
?Cate jf ali private and counerciai users, except to the extent
that t'Zey are specifically pe=_ ,_! :.zed 5v written policy of the den -rt-
M,:nt. The district engineers are `.Zere v directed, in coniuncticn
:1ith the legal office, to removal_ of all ancroachr-eats 3-
. ;e earliest possible date." are , ale 14- 20 .0'' and Ch . :,,:�
'.,..C., ;overning solicitatio:i'f,JC' "�?11?1J1:;, purposes. ':'hercr;rr,
in the absence of a statute or rulo of the 3epzrtmer.c exemptin -, t�^
:iale of newspapers or newspaper vendors from tLe prohibition c:on-
•:ained in §337. ";, the salty of ci.�:►scapers by vendors standin:T
a stag-maintain-d ::igh*lay or o^ r.:�e median or sidawalk adj3c'~`
rhereto appears co be prohiuifo d -5337.1.C;.5
t,)L:r l attar ra! a'L' i 1 qi:r :1 :illnlcji1CV t .l'
re u c.
85-843.
Ei
,hilE Florida courL-3 :,ive C - Iruss i'i l:ia'-L, hill: is v�
V-1risdictions ~a` e ieL i'_ _tic' r,:1iC:~iC?OA- .e sale ^C
newspapers by venflors on ..=a_e-:,(a nt:�ine.i roads by municipal -office
urficers is a Legitimate exerc-,se of police power where the road
is judicially construed di chac portLoo .)f r;,` street used b•J
vehicles. See, eIton CiLiz; AngeLe556 P.2d Iilq t'!7a
r
i9'6) (prc�h3. ting �iiss�r:il:ltic�;, t ►nvtilin�; in the aath o' car
trucks and buses obviou:i Lv fur`li : s the public safety); Chicax:13 v.
dine, 2 :4'. E. 2d 905 (IL1 . La St,uttlesworth v.
3irlrin,ha.;1, 394 1=, i (1);jl)) has right an'
duty in the reasonable exercise Of the police power to control and
regulate the -:se of public streets and sidewalks in order to 'Keep
them open and available for movement). . Cf. , Co-x v. :New Harnoslnire,
312 U.S. 569 (1941) (governmental regulation or street traffi'-- i
legitimate exercise of -,uiice po-;er).
However, as you note in ',-o'.lr Letter, blarie<et prohibitions a--,ainst
11.3 ^.g public a _S _•.r distriCutior, have
:o _t:per- -• - = =- ._ , =..c . Sta=e : _ ::er: : �_ c :%,
�1pp. si:at-: a .:.cons�i.Iona
abridged first Amer.:'r ecic r-'gncs when appiiedi ,a as to totally prohibit erection or maintenance of newspaper honor boxes wirhin
right-of-way of state hi ht•.ays); Gannett Cj. , Inc. v. City of
i.OcheSter, 330 Y.5 2d n49 (:1.'{. Sup. O. 1972) (ordinance making
it Un awful for stand, :1ac:lina, box ur other structure for display
o,r storara of newsr.4per.; on cnv idewalk without obtaining permit
and prr,-:idi^.o pr3o-: of ir.s;:rsac: or fin-anc.lal responsibility and
criminal sanctiuns -or violations crated pr--cr restraint
i't Z: r'icnendmont ri ht ) . Th:: .:,ur is have he 1d that the guarantee
u. freedom of the press and free::of ape ccii protected by the
Fir: t an.? Fourteen_h Amendments c.'� the UniLeci States Constitution
"._xte-�ds to cleans of 3istributica if the :iCw�i:aper, as well as to its.
cUntent and c`he ideas expressed '_herein.'' Philadelphia 'L3cws L:.c.
V. RorouQi: Counsel, :Major, Mann' iC and D,-rector of Public Works of
*_ Borough of Swartirmore , 331 ._'+C (E . D . Pa. 1-974) ;
_11e- Newspaper, Inc:. Ci�y of ?'eena, �=:,6 F.Supp. 331 (D.:Z.i'..
i')S2). Ard see,'Mecruineuia, Inc. v. Cit:t �. S-in Siego, jS3 S.
-1►90, '504(19,91); S.-nith v. California, 361 U.S. 147, 150 (1959),
holding that First AmencrKent cur.: i-derations not lost or
diminished becaL nec.-ipaperS ar-I so1'i co.nur.ercia_iy rather than
aistributed e right .-)i access Lo Pu')lic streets and
S idG�.'' �; .:(';; �v.i�. .cCG�:.i..:�: as :sse.it' al to t: e exercise 0-
1 .....c.':'.(iT?r:� _:'�:tt'(iOT�'.:i , .L:t'. :ip;'.'E: 'J. (,To,
r1-hC of lcc?r;s-riDute prin_e'.;
J Q t: 7 7 ( f 7 )).
.' .
s_u l�asiz?:ngton Sao F.
:1.1) C 19Z:iZ..__.)il
s-dewaIkc7 , ?rk S .1-1.1 "., r 3 _ • "-_ :71 ! -1,: S Land:
85'-843.
;.r . Done ' R. 1-fall
Face Four
broadly and absolutely). may impose reasonable
time, place and r1a:lner ram: trier ions ;gin --he sale and distribution
of newspapers, it may Rio so only ":iarrowly drawn regulations
designed to sen►e `hose interests :ict,,:utL:n:,ecessariLv interfering :with
i irst Amendment freedoms." Vi l lai;e .�i Sci,auJbu.g v. Citizens r:;r
3 Batter Environment, ' 4=, _.S. sannet Satellite
Information Network- v. T,:,wn of .',or -wood, 579 F .5upp. LOOS (D. :.ass .
1984); :Miami Herald Pub.. Co. v. ::i•_,: of Vallandale, 734 F.2d 666
(11th Cir. 1984).
In light of the foregoing, i am of the opinion that -municipal police
,officers :.tav enforce the provisions of 5337.406, F.S. (1984 SuGp.),
against, vendors who sell ncwspapers ;:i: is standing upon that ac)rtio
of a state -maintained rih;.c-,�t-.:a.w used by vehicles and the adjcining
median as a reasonac dr:l;wn resc:-iction on the constitutionally
protected rights of freedc,1 of the press and freedom of speech.
However, enforcement of the s_ati-te against newspaper vendors
standing upon the sidewalk adjacent to a state -maintained road may
1. be subject to attack as a violation of chose constitutionally pro-
tected rights. This office, ho:wev`r, has no authority to either
,'.eclare the statute unconsti::ution:il or advise noncompliance with
its direction or mandate but rather dust presume the constitutionality
.:f the statute until such time as it is declared invalid by a court
Of ccimpetent jurisdiction. C`. , ACO's 73--64 and 77-99; see generally
�Deltnrs. Corporation v. 3a:_ev, 336 So.2d 1163 (Fla. 19763.
In light of the contitutional issues rais::d, the Legislature may
;ish to reexamine the provisions of §337.406 so as to clarify its
terms and the au:' ority of the scare and local governments to regu-
i'iCe tC•.e activities of ne:ispaper .'en,_ JrS ..tChLn the strict con5`_ir1_
_ iona l limi caciors . Mori:o,. er , city, �r in doubt as to the
statute's validity or its applicac ioa to necvspaper vendors or t::e
city's duties, may %yish t,., b
r
ing do appr,:)priate judicial proceedn
fi177
-
,a:e ex re. Harrell v.one,r decaratoryrez.
F ,
:iv. .554 (la. 1Q37) ?r:,1:;...:.n 'mount✓ v. SC:lt:, 3 So. =+71 (Fla.
_ i3 .
.:lherefore, unless and .:::= i ? j ad i c iaLl:: o.- legislatively determined
to the ccntrarv, I nm of oriniun that Tunici�:al police officers
may ont-rc:e the ar��w i�ion �t S33i Yuri, r .._ . (lyo4 Suep.) , against j
Vendor.,: sell while !.candi.i5 on portions of a st are-
mainta .ned road used , ehicles and the adjoining median. e
:he proh_bi tion con_ainau _.n ; 337 . '�, ' :wou?d also appear to pry a1'.b l c
r"E sale of tir:WSp:i'iC:�3 i= ilk adjacent to the state-
-::azn_a....ed road, statute may encounter
�.L�?..c"uI —i, .i _Jr^uv General's lift-- _
Cann% t declara a stazutz r.or co=ent upon its
r
85-843.
0
r
, -7 1 lve
ccnstitutional ;.il--* I-* .. :!.er(-_.3re, I n:.. ,;;,a� ? e ~c) Yer.de- an
opinion on tile cons ti ,.� Iona 1; "? o y 33 7. •e.0h as it appllas
Co the sales activity o� vendors on side :4alris adjacent
to state-maintai:le,i roa. .-i.
-104
t=orney General
Prepared By:
GARY (r. PRT.:1T`i
:assistant Attorney General
JS/ GLP/ is
85-843.
IFU
Chapter 39
PEDDLERS, VENDORS, ITINERANT MANUFACTURERS,
LOCKSMITHS AND TOOL GRINDERS'
Article I. In General 1 39.27.1. Violation a nuisance: summary abatement.
11 39.1--39-10, Reserved. 1 39.27.2. Enforcement of article.
Article IL Sidewalk and Street Vendors
1 39.11.
Definitions.
1 39.12.
License required.
1 39.13.
License not applicable in certain areas of the
city during certain time periods.
1 39.14.
Applications.
1 39-15.
Isauaace.
1 39.16.
Vending prohibited in certain locations.
1 39.17.
Limitations within restricted vending districts.
1 39.18.
Prohibited conduct.
1 39.19.
Size requirements for vending stands.
1 39.20.
Health and sanitation requirements for food
vending.
1 39.21.
Safety requirements.
¢ 39.22.
Advertising.
139.23.
Renewal.
1 39.24.
Denial, suspension and revocation.
1 39.25.
Notice on premises that uninvited vendors, so-
licitors, peddlers, etc., are not wanted.
1 39.26.
Exemptions as to farm products.
1 39.27.
Penalty.
ARTICLE I. IN GENERAL
Secs. 39.1-39.10. Reserved.
ARTICLE M SIDEWALK AND STREET
VENDORS'
Sec. 39-11. Def adtions.
For the purposes of this article:
Article III. Itinerant Manufacturers and
Wholesalers of Women's Clothing
39-28. Definitions.
39.29. Bond required.
39.30. Character references prerequisite to issuance of
license.
39.31. Duration of licenses.
39.32. Sales from hotel rooms or boardinghouse rooms
prohibited.
3943-39-37. Reserved.
Article IV. Locksmiths and Tool Grinders
1 39.38.
Applicability of article.
1 39.39.
Investigation of applicants for licenses; bond
required.
1 39.40.
Transferability and soups of coverage of licenses
1 39.41.
Exemptions from article.
1 39.42.
Key4upiicating machines.
11 3943-3947. Reserved.
Article V. Reserved
Food is defined as solid food and beverages al-
lowed to be sold in accordance with this article.
Motor vehicle is defined as any vehicle used for
the displaying, storing, or transporting of articles
offered for sale by a vendor, which is required to
be Iicensed and registered by the department of
motor vehicles.
Department of health is defined as the Dade
County department of public health. Person is defined as any natural individual,
firm, trust, partnership, association, or corpora -
*Editor's note -.Ord. No. 9880, 11. adopted Sept. 13, 1984, tion, in his or its own capacity or as administra
repealed An. II, " Peddlers.' U 39.11-39.18, as derived from tor, conservator, executm trustee, receiver, or other
Code 1967, It 40.1-40.7. and from Ord. No. 8851, adopted
Sept. 20,1978; Ord. No. 9669, adopted Sept. 7, 1983; and Ord. representative appointed • by a court. Whenever
No. 9797, adopted Feb. 9, 1994. Ord. No. 9980 enacted a new the word "person" is used in any section of this
Arc. II, substantially as set out herein. article prescribing a penalty or fine as applied to
'Editor's note -.Ord. No. 9880, adopted Sept. 13, 1984, deleted "Peddlers" and "Ice Cream Vendors" from the title of Ch. 39,
and added "Vendors" as the first word of the title. In order to maintain the alphabetical order of chapter titles, the editor has
retained "Peddlers" as the first word in the title, adding "Vendors" as the second word.
City charter reforenees-Authority of city to classify, license businesses, It 3(bb), 49.
City code cross reference -Licenses and miscellaneous business regulations. Ch. 31.
State law references -Employment of minors in street trades, Fla. Stats.,1450.081(4); paddling at camp meetings, Fla. Stars.
1871.03.
Supp. No. is
2693
85-843_
4
1 39.14 PEDDLERS. VENDORS, rMNERANT MA.YLTACTURERS. ETC.
(1) Name, home and business address of the ap-
plicant and the name and address of the owner,
if other than the applicant, of the vending
business, stand, or motor vehicle to be used
in the operation of the vending business.
(2) A description of the type of food, service, or
merchandise to be sold.
(3) A description and photograph of any stand or
motor vehicle to be used in the operation of
the business, including the license and regis.
tration number of any motor vehicle used in
the operation of the business. Photograph shall
be of standard motor vehicle in operational
mode.
(4) Three (3) two-inch by two-inch prints of a
full -face photograph, taken not more than
thirty (30) days prior to the date of the
application, of any person who will sell, or
offer for sale, any food, service, or merchan.
dise on any street or sidewalk within the city.
(5) A certificate of inspection, as required by sec-
tion 39.20. (Ord. No. 9880, § 1, 9-13.84)
Sec. 39.15. Issuance.
Not later than thirty (30) days after the filing
of a completed application for a vendor's license,
the applicant shall be notified by the financial
department for the decision on the issuance or
denial of the license. Failure of the finance de.
partment to place notification of said decision in
the mail or personally notify the applicant with
acknowledgment shall require immediate issuance
of the requested license to the applicant. The fi-
nance director or his designee shall consider the
standards set forth in section 31.28 and sections
39-16 through 39.21, in determining whether to
grant a license. If the issuance of the license is
approved, the finance department shall issue the
license. If the license is denied, the applicant shall
be provided with a statement of the reasons there-
for, which reasons shall be entered in writing on
the application. The applicant shall be entitled to
a hearing, pursuant to section 39.24. A license
issued pursuant to this section is valid for a pe-
riod as prescribed in section 31.29. (OrcL No. 9880,
§ 1, 9.13.84)
Supp. No. 1s
2695
1 39.17
Sec. 39.16. Vending prohibited in certain
locations.
Vending is prohibited in the following locations:
(1) Within a restricted vending district except
within designated vending zones.
(2) From a public parking lot or metered park-
ing space.
(3) Within five hundred (500) feet of any prop.
erty used for school purposes (preschool,
elementary, secondary).*
(4) On any sidewalk less than six (6) feet in
width.
(5) Within five (5) feet of the entranceway to
any building.
(6) Within one hundred (100) feet of any drive.
way entrance to a police or fire station, or
within twenty (20) feet of any other driveway.
(7) Within twcaty (20) feet of any bus stop
zone.
(8) Within five (5) feet of the pedestrian cross.
walk at any intersection, or designated pe-
destrian crossing point.
(9) Within ten (10) feet of any handicapped
parking space, or access ramp. (Ord. No.
9880, § 1, 9.13-84)
Sec. 39.17. limitations within restricted vend.
ing districts.
Vending within restricted vending districts shall
be subject to all rules and regulations in this
article and in addition:
(1) No merchandise or service shall be vended or
displayed other than food and fresh cut flowers.
(2) No vending shall be permitted except within
designated vending zones. Vending zones shall
be delineated by the city under the direction
of the public works department and the plan.
ning department based upon the following
criteria:
;a) Vending zones shall be located in areas
where the sidewalk width is sufficient to
*County oode MOM refereft0& SS u1&r pevwions, 111.27.1.
85-843
1 39.18 PEDDLERS, VENDORS, ffLMWNT HANUFACTURM ETC.
other structure lawfully placed on public
property.
(12) Allow any animals to remain within twenty-
five (25) feet of a stand for a period longer
than necessary to complete a sale to the
person having possession, or control of said
animal.
(13) No vendor vending from a motor vehicle
shall:
(a) Conduct his/her business in such a way
as would restrict or interfere with the
ingress or egress of the abutting prop.
erty owner or tenant, or create or be-
come a public nuisance, increase traf
fic congestion or delay, or constitute a
hazard to traffic, life or property, or an
obstruction to adequate access to fire,
police or sanitation vehicles.
(b) Stop, stand, or park his motor vehicle
upon any street, or permit it to remain
there except on the roadway at the curb
for the purposes of vending therefrom.
(c) Stop, stand or park his motor vehicle
upon any street for the purpose of sell.
ing, or sell on any street under any
circumstances during the hours when
parking, stopping or standing has been
prohibited by signs or curb markings
or is prohibited by statute or ordinance.
(d) Remain in any one (1) place for a pe-
riod longer than necessary to make a
sale after having been approached or
stopped for that purpose.
(e) Stop, stand, or park his motor vehicle
within twenty (20) feet of any intersec-
tion, except that vehicles vending prod.
ucts likely to attract children as cus.
tomers shall park curbside when stop.
ping to make a sale, as close as possible
to a pedestrian crosswalk without en.
tering the intersection or otherwise in.
terfering with the flow of traffic.
(f) Vend within a restricted vending dwmct.
(g) Vend anywhere prohibited by section
39.16(2) through (8). (Ord. No. 9880, 3
1.9-13.84)
City code cross rettrences—Parkins for purpose of sell•
ing merchandise from vehicle generally prohibited, 135.11M.
towing of vehicles. 142.71 et seq.
Supp. No. IS
1 39.21
Sec. 39-19. Size requirements for vending
stands.
No stand shall exceed three and one-half (3%)
feet in width and six (6) feet in length and five (5)
feet in height exclusive of the height of umbrel-
las, canopies, and similar devices. Canopies and
umbrellas shall have a minimum seven -foot clear•
ance above ground level. (Ord. No. 9880, 1 1,
9.13-84)
Sec. 39-20. Health and sanitation require.
ments for food vending.
Vendors of food shall comply with the require-
ments and standards of the department of health
and the following:
(1) The equipment used in vending food shall be
inspected by department of health upon ap.
plication for a license and receive a certifi.
cate of inspection upon compliance with this
section.
(2) Each food vending business shall be so in.
spected at least twice a year. (Ord. No. 9880,
11, 9-13-84)
Sec. 39-21. Safety requirements.
All motor vehicles in or from which food is
prepared or sold shall comply with the following
requirements:
(1) All equipment installed in any part of the
vehicle shall be secured in order to prevent
movement during transit and to prevent de.
tachment in the event of a collision or overturn.
(2) All utensils shall be stored in order to pre-
vent their being hurled about in the event of
a sudden stop, collision or overturn. A safety
knife holder shall be provided to avoid loose
storage of knives. Any glass must be safety
plate clearly identified by its manufacturer
as such.
(3) Compressors. auxiliary engines, generators.
batteries, battery chargers, gas fueled water
heaters, and similar equipment shall be in-
stalled so as to be accessible only from out-
side the vehicle.
2697
85-843.
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4 39.27 PEDDLERS. VENDORS. rMERAIVT MANUFACTURERS. ETC.
both fine and imprisonment. (Ord. No. 9880, § 1,
9.13-84)
Sec. 39.27.1. Violation a nuisance; summary
abatement.
The placement of any stand or device on any
sidewalk or street in violation of the provisions of
this article is declared to be a public nuisance.
The police department may cause the removal of
any stand or device found on a sidewalk or street
in violation of this article and is authorized to
store such stand or device until the owner thereof
shall redeem it by paying the removal and stor-
age charges therefore to be established by the
police department. (Ord. No. 9880, § 1, 9.13.84)
Sec. 39.272. Enforcement of article.
It shall be the duty of the members of the police
department, license inspectors, and code inspec-
tors of the city, to enforce the terms and condi-
tions of this article, and if any person is found
violating the provisions of this article to arrest
such person and hold such violator for proper legal
action in the county court or cite such person for
appearance before, and action by, the city's code
enforcement board. (Ord. No. 9880, § 1, 9.13.84)
ARTICLE III. ITINERANT
MANUFACTURERS AND
WHOLESALERS OF
WOMEN'S CLOTHING•
Sec. 39-28. Definitions.
For the purpose of this article, an "itinerant
manufacturer" or "wholesaler of women's
dresses, coats, millinery, beachwear and
general mercantile dry goods" shall be
construed to mean and include all persons,
both principals and agents, who have not
been actively engaged in the city, in the
particular business for which the application
for license is made, for a continuous period of
at least one (1) year immediately preceding
the application for a license to manufacture
or sell at wholesale women's dresses, coats,
•City code cross reference —Licenses for itinerant
manufacwrers and whol"ors of womon'a clothing, 1
31.49.
Supp. No.18
1 39.29
millinery, beachwear and general mercantile
dry goods and who, for the purpose of
carrying on business, or any part or service
appertaining thereto. occupies, leases, hires or
makes use of real estate, buildings, room -
space, structures or other property for the
sale, exhibition or delivery of such merchan-
dise, or the manufacturing thereof. The
persons so engaged shall not be relieved from
the full provisions of this article by reason of
association with any other manufacturer or
wholesaler, or by the employment of any
other subterfuge to evade the provisions and
intent of this article. (Code 1967, § 40-8)
2699
Sec. 39-29. Bond required.
Each wholesaler provided for in this article
shall, before receiving a license to transact
business in the city, execute a good and
sufficient surety bond in the sum of one
thousand dollars ($1,000.00) signed by the
wholesaler as principal and a surety company
or corporation organized and existing under
the laws of the state and authorized to do
business in the state, or a cash bond in the
amount of one thousand dollars ($1,000.00),
which bond shall be approved by the city
attorney and shall be payable to the city
manager and his successors in office for the
use and benefit of any person entitled
thereto, and conditioned that the principal
and the surety shall pay all personal property
taxes that may be assessed against the
wholesaler, or his stock or other personal
property used by hires in his business, and
further conditioned that the wholesaler will
comply with the provisions of this article, and
further conditioned on the satisfactory per-
formance of all contracts with the public and
merchants entered into in the course of the
business for which the license may be issued
and during the period for which the license is
in force, and further conditioned that such
bond shall not be cancelled without thirty
(30) days' notice to the director of finance.
Such bond shall be filed with the director of
finance. After the expiration of ninety (90)
days from the termination of any license
period, the director of finance shall determine
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