Smyrna times., 1957-07-11
An Ordinance

REQUIRING A PERMIT AND BOND
FOR THE SOLICITATION OR AC-
CEPTANCE OF ORDERS FOR THE
DELIVERY OF ARTICLES OR SER
VICES AT A FUTURE TIME WITH
PAYMENT AT THE TINE OF SUCH
ORDER BY BUSINESSES LOCATED
WITHOUT THE TOWN OF SMYRNA
AND PROVIDING PENALTIES FOR
VIOLATION THEREOF.
Be 1t Ordained By The Council OF The
Town of Smyrna In Council Met
Section l. No person who does not
maintain regular place of business in
cept orders for the delivery or supply
OF any articles or services at a later
time and accept or collect payment there
Tor at the time of such order without
first obtaining from the Town Manager
a permit so to do and providing bond
as hereinafter set forth.
The term person" shall be construed
for the purposes of this Ordinance to
include any individual. partnership, firm,
association, or corporation.
Section 2. Any person who desires a
permit required by Section l shall apply
in writing therefor to the Town Mana
ger. The application shall contain the
following information
l. Name and address of the principal
for which orders are to be solicited or
accepted
2; Nature of the articles or services
to be sold;
8. Terms of the orders to be solicited
or accepted;
4. Names and addresses of all solicit
tors to be employed;
5. Time or times of solicitation;
8. Such other pertinent information
as the City may require.
Section 8. Before the Town Manager
shall issue a permit required under Sec
ton the applicant shall furnish a bond
to the Town of Smyrna in an amount
not less than 10000 dollars with a re-
putable surety approved by the Town
Manager. The term of any such bond
shall be Cor a period of at least one (1l
year, and the condition thereof shall be
that If the obligor shall promptly de-
liver the goods or services of quality
as represented at the time of the order
or orders and at the time or times agreed
upon, then and in that event said bond
shall be void and of no effect. ANY such
bond shall be for the use of any person
or persons who suffers damage by rea-
son of the failure of the obligor to de-
liver goods or services as represented
and at the time or times agreed upon
in any order solicited or accepted by such
obligor in the Town of Smyrna.
Section 4. The fees for the permit
required by Section l shall be the sum
of 1000 dollars for a person maintaining
place of business within the State of
Delaware. and the sum of $500 dollars
for a person who does not maintain a
place of business in the State of Della
ware.
Section 5. Upon proper application,
furnishing of an adequate bond. and pay
ment of the required fee, the Town
Manager shall issue permit as required
by Section L. Each such permit shall be
limited TO the time or times specified
in the application therefor and necessary
for the accomplishment of the applicant S
purposes and shall specify the solicitors
to be employed.
Section 6. Any person convicted of a
violation of this Ordinance shall be
fined not more than 10000 dollars or
upon failure to pay such fine as shall
be imposed shall be imprisoned not more
than days.
The members of a partnership. firm,
or association. and the officers and di-
rectors of a corporation guilty of a vio-
lation of this Ordinance shall be subject
to prosecution hereunder.
Every agent, representative, and solicit
tor who solcits or accepts orders in vio-
lation of the provisions of this Ordin-
ance shall he subject to prosecution here
under as well as the principal for whom
such orders are solicited or accepted.
MAYOR AND COUNCIL
Adopted April 26. 1857