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Ordinance 487 - Transient Merchants421 #. ORDINANCE NO. 487 ORDINANCE REGULATING AND LICENSING THE BUSINESS OF TRANSIENT MER- CHANT -AND DEFINING THAT TERM; FIXING A FEE FOR SUCH LICENSE AND REQUIRING THE PAYMENT THEREOF IN AID OF POLICE REGULA TIONS OF THE CITY OF KALISPELL; REQUIRING A BOND OF DEPOSIT; MAKING CERTAIN EXCEPTIONS; PROVIDING A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; DECLARING THE SAME TO BE AN EMERGENCY ORDINANCE, AND REPEALING ALL OTHER ORDINANCES AND PARTS OF ORDINANCES OF THE CITY OF KALISPELL IN CONFLICT HEREWITH. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL: SECTION 1. That under and by virtue of the authority vested in the City of Kalispell by the laws of the State of Montana, and in aid of the police power and regulations of said City of Kalispell, it is hereby ordained that it shall be unlawful for any person, firm, assoc- iation, or corporation to engage in the business, trade, or calling of transient merchant within the corporate limits of the City of Kal- ispell, without having first obtained a license to do so. No person, firm, association, or corporation shall have the right to conduct any such business under any permit or license issued hereunder to or in the name of some other person, firm, association, corporation, or other agency. SECTION 2. Any person, firm, association, or corporation wtD shall hereafter sell or offer to sell at wholesale or retail any goods, wares; merchandise, fruit, or produce fro, a wagon, railroad car, motor vehicle, or temporary stand, or upon any street or public ground within the corporate limits of the City of Kalispell, shall be deemed a trans- ient merchant within the meaning of this ordinance. SECTION 3. The term "wholesale", as used in this ordinance, shall mean the sale or delivery to any hotel, restaurant, retail store, com- mission house, or to any person, partnership, firm, association, cor- poration, or other agency for re -sale, direct or indirect, but this ordinance shall not apply to any farmer or producer, including the regular employees of any such farmer or producer, when selling or del- ivering such fruits, vegetables, garden truck, or farm produce as shall have been actually grown or produced by such farmer or producer within the Counties of Flathead, Lincoln, and Lake, in Montana, or in either or any of such counties; nor shall this ordinance apply to any religious, fraternal, patriotic organization, association, corporation, or other group, located in and which has its principal headquarters or pla ce of business in any of said three counties of Flathead, Lake, and Lincoln, nor to any person, association, or other group or organization, acting solely under the sponsorship of such non-profit organization or group exempted as aforesaid. SECTION 4. Each transient merchant, before conducting any bus- iness as'herein...defined, within the corporate limits of the City of Kal- ispell, shall make application to the City Clerk of said City for a license so to do. Such application shall specify the applicant's name and residence, the number of days or period of time during which such ap- plicant will engage in such business in said City, the number of motor trucks or other vehicles to be used in such business in Kalispell, the merchandise, produce, article or articles to be sold or offered for ' sale, and the manner of conducting said business. All licenses here- under shall expire on the 31st day of December of each year, and shall be non -transferable. The amount to be paid for such license to conduct the business of a transient merchant shall be the sum of Two Hundred Dollars per year, or any part of a year, for each and every vehicle, whether motor truck or otherwise, used by said transient merchant in the City of Kalispell in the conduct of his said business. At the time of filing the application for such license, such transient merchant shall accom- pany the application hereinabove provided for with the sum or sums herein specified as a license fee. At the time of and as a prerequisite to the granting of any license hereunder, said transient merchant shall deposit with the City Clerk of the City of Kalispell Two Hundred Fifty Dollars in cash, or shall file a surety bond for Two Hundred Fifty Dollars for the purpose 422 r of protecting said City for any fines or costs which may be imposed for violation of this ordinance and for the protection of any person >e or persons from loss or damage or failure of delivery. Said surety bond shall be executed by a surety company authorized to write such bonds in the State of Montana and shall be in favor of the City of Kalispell, covering the period for which such license is issued, and shall be conditioned that said business shall be conducted in a law- ful and proper manner, and that all goods, wares, and merchandise or other articles sold by him shall be as represented. Any person ag- grieved by any action of such transient merchant shall have a right of action on such bond for the recovery of any damages which may be sus- tained as the result of any failure of any articles sold to be deliver- ed or to be as represented. In the event such transient merchant make a deposit of Two Hundred Fifty Dolla rs instead of filing a bond as herein provided, and if no complanits are received by the City Clerk from any person, firm, or corporation having transacted any business with said transient merchant to whom such license was issued, said City Clerk upon surrender of said license shall return to said transient merchant within ninety days after the termination of said licensesaid sum of Two Hundred Fifty Dollars so deposited, less any fines or costs which may have been legally imposed. Otherwide, said amount shall be held by said City Clerk and be available for disbursement according to the order of any court of competent jurisdiction. SECTION 5. Each transient merchant conducting such business within the corporate limits of the City of Kalispell shall comply with all the ordinances of said City which may be applicable and shall conduct such business in such manner as not to be offensive to the peace, morals, or welfare of the City, nor create a nuisance, and no such transient merchant shall sell or offer to sell any goods, wares, merchandise, or other articles within said City at any time except be- tween the hours of eight o'clock A. M. and six o'clock P. M. or at such hours and on such days as such regular business in said City is conducted. SECTION 6. The provisions of this ordinance shall not apply to scientific and literary lectures and entertainments, nor to any legally licensed auctioneer, nor to any news -dealer. ' SECTION 7. The provisions of this ordinance shall be severable, and if any of such provisions shall be held to be unconstitutional or void for any reason, such holding shall not affect the validity of other or remaining provisions of this ordinance. SECTION B. Every person, firm, association, or corporation licensed under the provisions of this ordinance shall be subject to regular inspection, control, and supervision under the general police power of the City of Kalispell, and all ordinances now in force or which may hereafter be adopted in aid of such police power and super- vision. SECTION 9. Any person violating any provision of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not less than Fifty Dollars nor more than One Hundred Fifty Dollars, or by imprisonment in the City Jail for not less than fifteen nor more than sixty days, or by both such fine and imprison- ment. SECTION 10. The City of Kalispell shall cause notice of thi-s ordinance being in effect to be posted at the city limits on each highway entering the City of Kalispell. SECTION 11. All ordinances and parts of ordinances in conflict I herewith are hereby repealed. SECTION 12. This ordinance is hereby declared to be an emergency ordinance immediately necessary for the preservation of the public health, peace, and safety of the City of Kalispell, and shall take effect and be in full force and effect immediately after its passing and approval. Passed by the City Council of the City of Kalispell, Montana; this 4th day of June, 1941. Approved by the Mayor, this 4th day of June, 1941. D. S. Cameron Mayor ATTEST: C. H. Brewer City Clerk 423 State of Montana ) County of Flathead) ss I, C. H. Brewer, City Clerk of the City of Kalispell, Montana, do hereby certify that on the 4th day of June, 1941, I posted a copy of the foregoing ordinance in my office and the same remained so posted for a period of five days and the foregoing record is a true copy of the ordinance as passed by the City Council. Dated this llth day of June, 1941. J City Clerk