The Ely miner., 1925-11-06
ORDINANCE NO. 80
AN ORDINANCE TO REGULATE
AND LICENSE TRANSIENT
MERCHANTS, HAWKERS AND
PEDDLERS, AND THE REGU-
LATING OF CANVASSING IN
THE CITY OF ELY.
THE COUNCIL OF THE CITY OF
ELY Do ORDAIN.

THE CITY OF ELY.
THE COUNCIL OF THE CITY OF
ELY Do ORDAIN:
SECTION 1. 1t shall be unlaw-
full for any person to encage in or
carry on the business of hawking or
| peddllng, or as a transient mer-
chant, within the City of Ely, with
out having first obtained a license
to carry on said business in accord
ance with the provisions of this or
| dinance.
SECTION 2. Any person wish
ing to engage in business as a tran
sient merchant, hawker, or peddler
within the City of Ely shall apply in
writing to the City Council of said
ity of Ely for license, The ap-
,lication shall state the place where
he business is to be carried on,
! he length of time for which a
license IS desired "a general descrip-
tion of the thing or goods intend
ed to be sold and disposed of, the
name of the applicant, the place of
residence of the applicant for the
hve years just previous, and whether
or not he has ever been convicted of
felony or gross misdemeanor or mis-
demeanor. No application for such
license shall be granted until the
moral character of the applicant has
been investigated by the Chief of
Police of said city, and such appli-
eaton approved with the written en-
dorsement of that officer. If such
approved application is filed with the
City Clerk, the City Council shall
grant license and instruct the City
Clerk to issue the same on payment
of the fee hereinafter required OF
the applicant.
SECTION 3. License fees shall
be as follows: Transient merchant
| $25.00 for one day; wagon or auto
peddler $500 for one day; foot
peddler $1,000 for one day. No
license shall be issued for less than
one day.
Licenses issued pursuant to the
terms ofsthis ordinance shall not be
assignable, nor shall the rights grant
ed thereby be delegated to any other
person than the original licensee.
Said licenses shall apply to only one
natural person and if co-partners,
employees, or servants of said
licensee desire to engage in said
business separate and distinct
licenses must be procured for each
such co-partner, employee or SER
want. 1t shall be the duty of every
person licensed under this ordinance
to have with him while engaged IN
such business the license received ny
him from the City and produce the
same at the request of any city Off
cial.
SECTION 4. The term transient
merchant" shall include all persons,
both principals and agents, who en-
gage in temporary or transient
business in the City of Ely, either
in one locality or in travellnp from
place to place in said City, who sell
goods, wares and merchandise,
whether or not said persons hire,
lease or occupy any building or
structure for the purpose of carry
ing on said business.
SECTION 5. The terms of this
ordinance shall not apply to persons
selling personal property at whole
sale to dealers in such articles, nor
| to the acts of local merchants or
their employees in taking orders at
| the houses of their customers, for
| goods held by them in stock at their
| places of business, nor the acts of
! the said merchants or their en-
| ployees in delivering such goods in
the regular course of business, nor
to newsboys, milkmen, or farmers or
truck gardeners who sell or*peddle
vegetables, nutter, eggs, or other
farm or garden produce raised by
| said farmers; nor to persons, resid-
ing in the City of Ely when peddling
products of their own skill or labor.
SECTION 6. The advertising,
representing or holding out of any
sale as bankrupt, insolvent, assignee's,
sheriff's, trustees, executors, re-
ceiver'5, auctioneer's, wholesale or
manufacturers closing out sale. and
sale of goods damaged by smoke,
| fire, water or otherwise, or any SIM
liar type of advertising, represent
ing and holding out, shall be prima
| facie evidence that the person so
advertising, representing and hold
| ing out in such sale is engaged as
| temporary or transient merchant;
provided that nothing herein shall
| be held to include any sale conduct
| ed pursuant to statute or law Or
| by the order of any court.
| SECTION 7. 1t shall be unlaw-
| full for any person whether licensed
| under the provisions of this Drain
| ance or not to call about him on
the streets or highways of the City
of Ely so large NUMBER of people
as to interfere in any manner with
the lee passage of pedestrians or
vehicles PASSING along said street or
highway.
SECTI. S. No hawking. ped
ding or canvassing shall be permit
ted within any of the public parks
or in or upon any Of the parKways
within the City of Ely.
SECTION 9. Any person violat-
ing any provision or this ordinance
shall, upon conviction of such
violation, be punished by a fine of
not exceeding $4,000, or by impris-
onment for not exceeding three
months.
SECTION 10. All ordinances or
parts thereof inconsistant with this
ordinance are hereby repealed.
SECTION IL. This ordinance
shall take effect and be in force ten
days from and after It's passage and
publication.
Passed November 8, 1926
Approved November 4, 1926.
E. w. HANSON, Mayor.