The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1917-01-05
CRY ORDINANCES


Il shall mean and include all persons,
both principals and agents VINO en-
gage or conduct in this city, either
in one locality or in travelling from
place to place, temporary or tran
silent business of selling goods, wares
or merchandise with the intention of
continuing in said business in said
city for a period of not more than
$50 days. and who for the purpose OF
carrying on such business use, rent,
lease or occupy. either in whole or in
part, a room. building or other struc~
ture for the exhibition and sale of such
goods, wares or merchandise. Or the
provisions of this ordinance shall not
apply to sales made to dealers by
commercial travellers or selling agents
i'll the usual course of business, nor
to bona fide sale of goods, wares or
merchandise for future delivery, nor to
| hawkers on the streets. nor peddlers
from vehicles, nor to any sales of
goods. wares or merchandise on the
grounds of any agricultural society
during the continuance of any annual
fair held by such society. nor to any
sales by societies acting for charities,
religious or public purposes.
OBJ transient dealer shall not
| advertise, represent or hold forth
sale of goods, wares or merchandise
as an insurance, bankrupt. insolvent
| assignee, trustee, estate executor, adj
Iministrator receiver, manufacturer
wholesale. cancelled order or misfit
sale or closing out sale, or sale
OF any goods damaged by smoke, fire
water or otherwise. unless before so
! doing he shall state in writing under
oath to the city comptroller of the
city of Birmingham at the time he
makes application for license all the
facts relating to the reason and char
acter of such special sales SO adver-
tised, held forth or represented, in
Guiding a statement of the names of
the persons from whom said goods,
wares or merchandise were purchased,
and the date of delivery of same to
the person applying for the license,
the place where the said goods, wares
, or merchandise were taken last, and
such details necessary to exactly To-
cate and fully identify all goods,
wares or merchandise to be sold and
make such further disclosure to and
!, give such information as may be re-
CURED by the city comptroller of the
city of Birmingham. And such tran
sient dealer shall also include in the
said statement names and residences
of the owners in whose interest the
business is conducted and whether
, conducted as an individual. firm,
ISOLATION or corporation. Said state
, ment to be kept on file in the office
of the city comptroller of the city
of Birmingham, and a record shall
be kept by him of all such state
, ments in convenient form and open to
public inspection. Provided, however
, that if objections be filed by any cit
izen with the city comptroller against
, issuance or petition be filed by any
citizen for the revocation of a license
, to any transient dealer. the matter
shall be referred to the commission
for a hearing and action thereon.
(1A II 4
to do business in the city of Birming
, ham shall deposit with the city comp
troller of the city of Birmingham a
J sum equal to the amount of his
license, but in no case less than $50,
, as a special deposit, before license
shall be issued to him as provided
!, by this ordinance, authorizing him to
do business in said city in conformity
J with the provisions of this ordinance.
Said deposit shall be held by the city
comptroller for period of thirty 600
days after such transient dealer ceases
to do business in the city of Birming-
ham and after satisfying all claims
made against him under the follow
ing sub section (d) shall return such
deposit or such portion thereof as re-
mains in his hands to the said tran
sient dealer depositng same
cd The deposit so made with the city
comptroller of the city of Birmingham
shall be subject to attachment, garnish-
ment and execution on behalf of credi-
tors whose claims arise in connection with
the business done in the city of Bir-
mngham and to the payment of fines and
penalties incurred by such transient
dealer in violation of this ordinance as
may be fixed by the judgment of ap-
lpropriate courts having Jurisdiction, and
the said deposit, or any remaining por-
ton thereof, shall not be paid to such
FRO, LIANT Il ,lA.
claims or notices of claims presented
within thirty 600 days after he ceases to
do business are settled.
|. (e) 1t shall be unlawful for any transient
dealer to sell or exhibit for sale either
at public or private sale any goods,
wares or merchandise without first COM
plying with the provisions of this ordi-
nance, or to make any false statements in
reference to the matter set out in sub
section (b) above, or to fail or refuse to
comply with the requirements or any Of
the provisions of this ordinance and
every person, whether principal or agent
who by circular, handful, newspaper,
poster or in any manner advertises such
sales as herein contemplated before prop
er license is issued to said transient
dealer and before he has complied with
the provisions of this ordinance, shall be
guilty of violation of this ordinance.
Provided, however, that nothing in this
ordinance contained shall be construed a s
abridging or denying the right and DOW
err or the commission of the city of Bir-
mingham to refuse or withhold the grant
ing. or any license or to revoke the same.
II granted, to a transient dealer upon any
hearing thereof when in the discretion Of
said commission from the disclosures of
} aforesaid or from other information
deemed by them sufficient, such action
may be deemed necessary or proper to
} protect or safeguard the public from i'm
position, mischief or fraud.
LICENSE BASED ON VOLUME or
BUSINESS
Sec. 3. In all cases where the amount
to be paid for license depends supon the
capital investment or value of goods.
4 stock, furniture and fixtures or amount
of sales or receipts, it shall be the dutv
of the person applying for such license
to render to the city comptroller a sworn
statement of such capital or sales. or re-
ceipts or business, or the value of such
stocks. goods. furniture and fixtures and
such other further proof, including in
II surance carried. as the license collector
shall demand to show the actual amount
of capital invested value of goods. stocl,
furniture and fixtures and said license
collector shall not be required to recein
for any money until such proofs are fur
nished and the person applying for such
l'l1cense may be required to submit his
y books of account to inspection and ex-
|amination by the comptroller either ha-
fore or after a license is issued and NAV
be refused license until he complies
with the der,1a nd Of tbo oi+x,, :,