Smyrna times., 1962-03-08
AN ORDINANCE

AN ORDINANCE REQUIRING A PER.
NIT AND BOND FOR THE SOLICITA.
TON AND PROVIDING PENALTIES
FOR THE DELIVERY OF ARTICLES
OR SERVICES At FUTURE TINE
SUCH ORDER BY BUSINESSES LOCAT.
ED WITHOUT THE TOWN OF CLAY.
TON ANIL PROVIDING PENALTIES
FOR VIOLATION THEREOF.
Be 1t Ordained BY The Council of The
Town of CLAYTON In Council Met;
Section l. No person who does moi
maintain a regular place of business in
the Town of Clayton shall solicit or &C.
eept orders for the delivery or supply OF
any articles or services at a later time
and acceOt or collect payment therefor
at the time of such order without first
obtaining from the Town. Mayor, per.
nit so TO do and providing bond as
hereinafter set forth.
The term person" shall be construed
for the purposes of this Ordinance tc
include any Individual. partnership. hrm
association. or corporation.
Section 2. Any person who desires
permit required by Section ! shall apply
an writing therefore to the Town Mayor
The application shall contain the follow
ing information:
l. Name and address of the principal
for which orders are to be solicited oil
accepted:
2. Nature of the articles or services
to be sold:
8. Terms of the orders to be solicit
ed or accepted;
A. Names and addresses of all solicit
ors to be employed;
5. Time or times of solicitation:
6. Such other pertinent information ~
the Town may require.
Section g. Before the Town Mayor shal
issue a permit required under Section
the applicant shall furnish a bond tC
the Town of Clayton in an amount moi
less than 10000 dollars with a reputable
surety approved by the Town Mayor. The
term of any such bond shall be for
period of at least one () year, and the
condition thereof shall be that if the
obligOr shall promptly deliver the goods
or services of a quality as represented al
the time of the order or orders and at
the time or times agreed upon. then anc
in that event said bond shall be void
and of no effect. Amy such bond shal
be for the use of any person or persons
who suffers damage by reason of the
failure of the obligor to deliver goods oi
services AS represented and at the time
or times agreed upon in any order so
Iicited or accepted by such obligor in the
Town of Clayton.
Section 4. The fees for the permit re.
quired by Section l shall be the sum oi
1000 dollars for a person maintaining 9
place of business within the State of Del
aware. and the sum Of 25.OO dollars fol
a person who does not maintain place
of business in the State of Delaware.
Section 5. Upon proper application
furnishing of an adequate bond. and pay
ment of the required fee. the Town May.
or shall issue a permit as required by
Section L. Each such permit shall bt
limited to the time or times specified ir
the application therefor and necessary fol
the accomplishment of the applicants pur'
poses and shall specify the solicitors to b
employed.
Section s. ANY person convicted of Z
violation of this Ordinance shall be fined
not more than 10000 dollars or upor
failure to pay such fine as shall be i'm
posed shall be imprisoned not more thar
5 days.
The members of partnership. firm. oil
association. and the officers and directors
of a corporation guilty of violation OF
this Ordinance shall be subject to prose
cution hereunder.
Every agent. representative. and solic.
itor who solicits or accepts orders in VIC
lation of the provisions of this Ordinance
shall be subject to prosecution hereun
der as we'll as the principal for whom
such orders are solicited or accepted.
MAYOR AND COUNCIL
Adopted February IL. 1862.