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ARTICLE 4.300 ITINERANT MERCHANTS See. 4.301 Definitions Itinerant Vendor shall mean any person who goes from house to
house or from place to place within the city soliciting, selling, or taking
orders for, or offering to sell or take orders for any goods, wares, merchandise,
services, photographs, newspapers, magazines or subscriptions to newspapers
or magazines; or person engaged in the sale or bartering of goods, wares,
merchandise or services without a permanent structure within which to
conduct business and provide customers with protection from the elements
and with appropriate sanitation facilities. Such structure shall be properly
zoned for the business being conducted and shall comply with all building,
plumbing, and electrical codes, and other city code requirements. Such
structure shall be occupied during business hours by the owner or an authorized
tenant, agent or employee, and shall be connected to, and approved to
receive, all public utilities, and shall provide all off-street parking
required by the Bastrop City Code. * State Law reference--Authority of municipality to license, tax, suppress, prevent, or otherwise regulate peddlers, hawkers and solicitors, V.T.C.A., Local Government Code, Section 214.031. Itinerant Merchant shall mean any person who goes upon the property
of another, without having been invited in writing to do so by the owner,
lessor, or person otherwise legally in control of said property for the
purpose of selling, taking orders for, or offering for sale any goods,
wares, merchandise or services. Sec. 4.302 Applicability of Provisions The provisions of this article shall not apply to:
(1988 Revised Code of Ordinances, Chapter 4, Section 3B) Sec. 4.303 Provisions Exercise of Police Power The provisions of this article shall be deemed an exercise of the police
power of the state and of the city for the safety, comfort, convenience
and protection of the city and the residents thereof. The provisions of
this article shall be liberally construed to accomplish the purpose set
out herein. No provisions of this article are intended, nor shall be construed to
be, a burden upon interstate commerce. Where the person regulated by this
article is engaged in both interstate commerce and intrastate commerce,
the regulations and license fee provided in this article shall be deemed
to apply to the intrastate portion of such business activity only. Every person who peddles farm produce within the city shall obtain a
license, as provided in this article, unless he shall make affidavit to
the city secretary that all produce sold by him was exclusively raised
by him within this county. Sec. 4.306 Licensing of Itinerant Vendors and Merchants
(1988 Revised Code of Ordinances, Chapter 4, Section 3G)
(b) Such bond shall be for the use and benefit of any person who shall make any purchase or give any order to the principal on such bond, or any of his agents or employees. (1988 Revised Code of Ordinances, Chapter 4, Section 3H) Sec. 4.309 License Fees Prior to the issuance of any license provided for in this article, the
applicant shall pay to the city secretary one (1) or more of the fees
as provided for in the fee schedule found in the appendix of this code.
(a) All licenses issued under the provisions of this article shall be valid for one (1) year from the date of issuance, unless sooner revoked due to noncompliance with city code provisions. (b) The city council has the authority to restrict itinerant vendor or itinerant merchant activity throughout the year for reasons relating to public health, safety, and/or welfare.
(1988 Revised Code of Ordinances, Chapter 4, Section 3J) Sec. 4.311 Revocation or Refusal to Issue License Revocation or refusal to issue licenses may result from failure to keep
premises free from litter or debris, or causing other unsightly conditions,
creating a public health or safety problem, or violating city codes or
ordinances. Violation of this article or leaving an area unsightly or
in a state of disrepair will be grounds to revoke a license and/or refuse
to grant future license requests. Every itinerant merchant or vendor shall, at all times while engaging
in his business, carry the license issued pursuant to the provisions of
this article on his person. The city council has the authority to exempt certain events, organizations
and/or individuals from the requirements of obtaining licenses when the
council determines such exemption to be in the public interest. (1988 Revised Code of Ordinances, Chapter 4, Section 3M) |
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Appendix A-6.2 Supp. No. 7 of the City
of Bastrop Code Book.
(1988 Revised Code of Ordinances, Chapter 4, Section
31) |
City of Bastrop Application
for Itinerant Vendors and Merchants
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Teresa
Valdez, TRMC e-mail: tvaldez@cityofbastrop.org |
Return to the City of Bastrop Home Page | Return to the City Secretary's Page
