HomeMy WebLinkAbout1937-04-06 Ordinance37
AN ORDINANCE
_ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE'.
SECTION I. --There is hereby levied and assessed by.the City
of Stephenville an occupation tax upon all persons, firms4.part- !I
nerships, cor orations, and associations of persons pursuing any !,!
:of the occu a ions named in the following numbered subdivisions
of this Sec ion, an annual occupation tax, which shall be paid an-p
nually in advance on every such occupation or separate. establish
went as follows:
1. ITINERANT MERCHANTS. --From ever; merchant who mad• re-'
more from place to place and offer for sale bankrupt stocks of 1�
goods, or advertising "fire sales" or "water and fire damaged
stocks for sale, for a limited period of time there shall be
:collected Fifty Dollars per month for the first month, or less
than a month, for each place where such business is located; and
;for each additional month that such sales are continued at any
ggiven place, said merchant shall pay an additional sum of Ten
Dollars. Where they remain for six months or more in any place
in addition to the Fifty Dollars charged for the first month, Uey�
.';shall pay an additional sum.of Five Dollars per month.
2. Traveling vendors of patent medicines. --From ev
!traveling person selling patent or other medicines, fifty dole
and. no traveling person shall so sell until said tax is so pafd
'Ph¢'$ tax shall not apply to commercial travelers, drummers, or
,salesmen making sales or soliciting trade for merchants engaged �
'the sale of:drugs or medicines.by whosesale.
3. ITINERANT PHYSICIANS, ETC. --From every itinerant ."per
sician surgeon, oculist or medical or other specialist of and*
'kind, traveling from place to place in the practive of his pro -
except dentists practicing from place to place in the ,a
county of their residence, an annual tax of twenty-five dollars.
4. CLOCK FEDDLERS.--From every person or firm who peddlell
.but clocks, agricultural implements, cookingg stoves or ranges
wagons, buggies, carriages, surrey$, and other similar vehiclesi
washing machines and churns an annual tax of One Hundred and
Twenty-five dollars provided', that a merchant shall not be rem
qquired to pay this special tax for selling the articles named in
Nis subdivision when sold in his place of business. .i
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5. AUCTIONEERS. --From every auctioneer, Twenty-five !�
Dollars. I
6. LIGHTNING RN AGERTS.--From every person,
association of persons, dealing in lightning rods, an
of Nine Dollars, and from every person canvassing for
lightning rods, an annual tax of Twenty-five Dollars.
7.
Seventy -Five
PAWNBROKERS. --From
Dollars.
firm or
annual tax i
the sale of
every pawnbroker, an annual
p
8. PANORAMA OR VIEff SHOWS.-- From each owner, managger o
1keeper of every panorama or view show, used for profit exhibitin
ba wagon room, tent or elsewhere, an annual occupation tax of
ollars.. 1 panorama or view show is a show exhibiting pictures,
..statuary or other works of which are to be viewed through stereo-
scopic or magnifying lenses.
9. SKATING RINKS. --From each and ever owner or keeper
of any skating rink used for profit, twelve dollars and fifty cents.
10. NINE AND TEN PIN ALLEYS. --From every nine or ten pin';
I'or other alley used or operated for profit by whatever name called',;,
''constructed or operated upon the principal (principle) of a J
bowling alley upon which pins, peggs, balls, rings, hoops or other's''
'l`devices are used without regard to the number of tracts or alley]
in the same building or place, or whether the balls or other de-
i+vices are rolled or used b� hand or otherwise, Fifty Dollars. Any
'alley used in connection with any drug store, or place where to-
bacco in any form is sold, or upon which money or other things of!'
value are paid or charged for the privilege of playing shall be re
igarded as used and operated for profit.
11. COIN OFERATED VENDING MACHINES. --From every orimer,
onager, or exhibitor of every coin operated phonograph, electri-
al piano, electrical batter, graphophone, weighingg machine
arget piston msimature golf machine,mliUa tare football machne',
inature baselall machine miniature race tract stereoscopic
achine, gum machine, candy machine, cigarette machine, handker-
hief machine sandwich machine, or any other class or kind of
achine, whetter enumerated -or not, where a feeris charged, which
s used for the purpose of amusement, entertainment or for vending
omvsodities, merchandise, confections or service of sip kind and
hich is operated by coins or metal sfugs qqr tokens similar to
gins where such fee is in excess of five(5) cents, an annual
ax of five dollars, on each machine; where such fee is five (5)
enta, an annual tax of Two Dollars and fifty -cents, on each
achine; and where such fee is one cent an annual.,-#acupation tax
f.Fifty Cents for each machine; provided that from every owner,
anagger or exhibitor of every coin operated marble machine,
aable table machine marble shooting table, or-"rble machine of
ay description, whether enumerated or not, where's fee is char&
hether used for the purpose of amusement entertainment, of for
ending commodities, merchandise, confections, or services of any
ind, and which is operated by coin or metal slugs tokens si-
ilar to coins or metal slugs where such fee is one l) cant or
ore, an annual occupation tax of Five Dollars for each machine;
rovided that the provisions of -this subdivision shall.not apply
o pay telephones and gas meters which are operated with coins.
t shall be unlawful to operate, show or exhibit any of the
achines or instruments covered by this subdivision.without having
anexed or attached thereto where same is pplainly visible, the tai
eceipt covebing such machine or instrument for the current year
or which same is operated, shorn or exhibited.
�y
12, CIRCUS AND SHOWS. --From every person, firm, asso-
ciation of persons or corporation exhibiting performances such as 1
a circus menagerie wild west show, dog and/or pony show or showy
wherein troncfio busting, rough riding; equestrian or acrobatic
feats are performed or any combination of any of the foregoing, "
for which a issinn & e is demanded or received for each day or
art thereof on which performances or exhibitions are.given, the
following amount, respectively:
(a) 4here such shows and/or exhibitions travel on railroads
and require transportation of:
Each day
Not more than two S2 cars.... .....................$12.50
Three 3) to five 5) cars inclusive ................ 20"000
Six (6 to ten (10) cars inclusive .................. 27.50
;Eleven (11) to twenty (26) cars, inclusive ............ 37.50
Twenty-one to thirty (30) cars, inclusive............ 50.00
Thirty-one (31) cars and over ........................112.50
(b) Nhere such shows and/or exhibitions travel by automobile
trucks, or other conveyances, and require transportation of:
Each day
.Not over two (2) loads... 5.00
Three (3) to five (5) loads, inclusive ............... 7.50
Six (6) to ten (10) loads inclusive ..................10.00
Eleven (11) to twenty (205 loads inclusive......... 12.50
Twenty-one 21 to thirty fie (h) loads, nclusive. 17.50
Thirty-six 36 to fifty (50� iloads, inclusive....... .25.00
Over fifty 50 loads, per load in excess thereof.... 1.00
Every show or exhibition which advertises itself as being
any of those described, in this Section shall be held to be such
for the purpose of levying and collecting the occupation tax heve-
i.n provided.
13. (a) MENAGERIES, MUSEUMS. --From every menagerie, wax -
,works, sideshow, or exhibition connected with or exhibiting or ;,
showing in connection with.a circus where a separate fee for.ad- jl
mission is demanded or received Five Dollars for every day in
which fees for admission are received; provided that from any
ill
museum, menagerie or zoological exhibition or combination thereof
;'operated and maintained in any city or town and open for admiss-
ion all day continuously, in which a charge for admission is de-
manded or received an annual tax of twenty-five dollars.
(b) Carnivals --From every carnical an annual tax of
One Hundred Dollars which State Tax shall be cue and pa iLble in
;each and every county in which such carnival shows or exhibits,
14. WAXWORKS, ETC. --From every menagerie, waxworks,
d ea«
hibition exhibit or display of any kinwhere a separate fee for,
'admission is demanded or received, not connected with a theatre
or circus, One Dollar for every day on which fees for such ad.-
mission are received.
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15. WRESTLING MATCHES AND ACROBATIC PERFORMANCES, --From everyll
;:exhibition of a wrestling match or matches and every exhibition
;where other acrobatic feats are rerformed and an admission fee is
charged or received, not connected with a circus or theatre, Five'il
,Dollars for each performance.
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16. RODEOS. --From every rodeo exhibition wherein bronchdl
,bustin, rough riding, equestrian, acrobatic feats and roping con- ii
tests are performed or exhibited for which an admission fee is P
charged or received, a tax of Two Dollars and Fifty Cents for
!leach day or part thereof such rodeo is held or exhibited. This G
;shall not apply to rodeos.owned by private individuals and used
I!only for trainingg purposes, or•in connection with agriculture
!fairs and. exhibitions.
.17..SHOOTING-GALLERY.--From every persona firm asso- j
ciation, of persons or corporation keeping a shooting gailery at
which a fee is -paid or demanded,.an•annuai tax of fifteen dolllars.li
18. HOBBY HORSES, ETC. --From all persons keeping or ,I
using for profit an hobby horse, flying jenny or other device ofil
Ithat character wit or without name, an annuai tax of Twelve
Dollars and fifty cents. it
19. From every itinerant or transient photographer the
Fsum of $250.00 per annum.
20.1 From every itinerant or transient vendor or peddler
seeds,.every itinerant or transient peddler or vendor of coats,;;
hclothing, rugs= tapestries, shows, shirts, furniture, stoves,
v_fhardware, cooking.utensils, dress goods ggroceries, or other
erchandise or any of them, the sum of t250.00 per annum.
21. From every itinerant or transient peddler, distri-
butor, or salesman of coupons, tickets, or written or printed
promises or agreements that -are redeemable or good for any photo-
graph, exposure, negative, or seeds, coats, cldtl ing, rugs, tapes•
tries, shoes, shirts, furniture, stoves, -bard t,-aooking uten-
sils, dress oods groceries or other marchanai' zeIor an y of them
the sum of 650.0.) per annum. -
Ii - SECTION Il.--This ordinance shall be effective.from And
!after its passage.
PADDES AND ENACTED THIS 6TH DAY OF APRIL, 1937.
ATTEST,
BAN ORDINANCE s4-1
- C BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF-STEPHENVILLE: ?
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SECTION I.-- No person for himself nor as an employee of any 'I
person, firm, partnership, corporation or association of persons '!
shall within the corporate limits of the Ci. of Stephenville,
without obtaining the license herein provided for, pursue any of
the occupations upon which there is levied by the City of Stephen
ville an occupation tax. And it shall be unlawful for any person;
to pursue any such occupation without the license herein provided:
fort even though it be held that the tax on such occupation is ink
valid, said license being required of every person pursuin the
following occupations, to -wit: Itinerant merchants, traveling
vendors of patent medicines, itinerant physicians, peddlers of
clocks agricultural implements, cook stoves or ranges, wagons
bugggiea, carriages and other similar vehicles, washingmachines,
and churns, auctioneers, lightening rod agents pawn brokers,rt
panorama or view shows, skating rinks, nine and ten pen alleys,
coin operated vending machines, circuses and shows, menageries
musicians, carnivals, wax works, wrestlingmatches and acrobatie'4
performances, rodeos, shootin galeries, hobby horses, itinerant ij
..or transient photographers, inerant or transient vendors or
peddlers of seeds, coats, clothing, rugs tapestries, shoes,
shirts, furniturg, stoves, hardwares cooling utensils, dress
goods, groceries, or other merchandise, or any of them, and
itinerant or transient peddlers, distributors or salesmen of q
coupons, tickets or written or printed promises that are redeems.4_
able in money, goods, or other things of value, or good for any,
hotoggraph, exposure, negative, or seeds, coats, clothing, rugs,
texp
osure,
ses, shirts, furniture, stoves, hardware, cooking
utensils, Tress goods, groceries, or other merchandise, or any o,
them.
SECTION II.-- In order to maintain and establish an ads-
quate system of licensing and in order to protect the.Citizens off
Stepphenville from dishonest and deceiving transient and itinerant,
peddlers and vendors of goods, wares and merchandise, and in
orderto insure that the Citizens of §tephenville will receive
from itinerant and transient vendors of goods wares and meaohan�
dise the character and grade of merchandise tat suA vendors re-'
present they are selling, and for the purpose of preventing
rauds in the vending of merchandise, and coupons, tickets, and -'
aymbols and for the purpose of abating nuisances and proteerting
the ppubic health, there is hereby established a license board
which shall be known as the Corpporation License Board of the City)
of,Stephenville and which will be referred to in this ordinance i
as the License Board.
SECTION III -- The official name of such License Board shall;
be "Corporation License Board of the City of Stephenville .
SECTION IV.-- The License Board shall consist of three mew.
bens oomposed of the Chairman of the City Hall Committee of
City Council, who shall be chairman of the License Board,
City Attorney and the City Secretary.
SECTION V.-- The License Board shall perform all duties in-
cumbent upon it under the terms of this ordinance.
SECTION VI.-- Each person desiring to secure a license unde:
the terms of this act shall file with the City Secretary a writt
application for such license which application shall set for the
following:
1. The full name and Post Office address of the appli-
cant.
2. The State, County, Town, or City in which applicant
permanently resides.
3. The a e, height weight, complexion, color of hair,
(',color of eyes and fingerprints of applicant.
4. The occupation in which applicant desires to engage
::and for which he desires a license.
5. A full and complete description of the ggoods wares
rand merchandise or other artidle, or token which applicant desire
!to sell which description shall give in detail the grade, charac•
liter of the property to be sold. Further description as to grade
,land quality may be required by the License Board.
ii 6. If the applicant has ever been convicted of a felony
in any State or Federal Court it shall be so stated in the appli-
lcation giving the name of the offense, name of court, and the
:'date of each conviction and the time served under each conviction,
7. The application shall state the name and Post Office
;address of five persons as references to which persona the Licens(
,;Board shall be requested to write or communicate with, with re-
ference to any information it may desire regarding the applicant.
it
8. The application shall contain a statement of the
assets and liabilities of applicant -and shall give the names and.
';Post Office addresses of five persons who will verify such state-
,�ment.
9. Attached to the application -there shall be five
photographic likenesses of the applicant.
10. Attached to the application there shall be a state-
ment certifying to the good moral character of applicant signed
officially by a county official of the County of his residence.
SECTION VII.-- The appplication provided for-4n Section VI
'Jshall be signed and sworn to by the applicant and shall be filed
'by him or her in person with the City secretary.
SECTION VIII.-- The applicant shall -at the time of the fil-
ing of the application pay to the City Secretary the sum of $30.0(
as an investigation fee, and .the City Secretary shall immediately
_/""\ -- —
notify the other members of the License Board of the filing of j
ithea�plication and the Chairman of the Board shall set said alicaion for a hearing by said board at a date not more than fiveays after the date of filing, at which time the applicant shall
appear in person before the License Board and be examined in re;
iference to his application and at said hearing the applicant shall'
'submit the merchandise, coupons or symbols he proposes to sell,
or samples thereof, or if a photographer he shall sulmmit samples
of his work and pictures he proposes to make, and at said hearing']
the shall make a sworn statement as to the quality of his goods or'
work which shall be filed with said application.
SECTION IX.-- If upon said hearing it shall appear to the
board or a majority thereof that the statements contained in the
application are true, and that the applicant has the right under '1
;the -Constitution and laws of this State and under the ordinances 'I
of this City to engage in business, the License Board shall issue','
awritten notice to the public generally giving notice of the fil-�
ing of the application and stating the name and address of the a -
plicant, his proposed occuaption and stating the kind and qualm;
of his goods or work, and notifying all citizens that they may_
appear and show cause why the license applied for should not be
granted and that they shall appear for such purpose before the
License board at the final hearing on such application which final'
:hearing shall be heard not less than forty-five and not more than
;fifty days after the date of the publication of said notices.
SECTION X.-- The notice provided for in Section 9 shall be
published in one issue of a newspaper published in the City of
tephenville and the City shall pay the cost thereof.
SECTION XI.-- The License Board after its examination of the
applicant and the issuance of said notice shall immediately obtain!
all possible information from the references in said application,
and from other legitimate sources in reference to the appplicant an
his business, and said Board after its hearing and investigation
,Shall file a written statement with the City Secretary stating ally
hformation it has received in reference to the applicant and his
business, both from the applicant and other sources and stating
the kind and quality of the merchandise, goods, services or work
he proposes to sell. Such report shall be signed by all members o1i
the board and shall after filing be open to inspection by all
!citizens of the City of Stephenville:
SECTION XII-- If the License Board at said hearing and from
its investiation finds the applicant to be the person he repre-
sents hi-ms:If to bet and that he is not an alien enemy and is
not an escaped convict, and is not a fugative from Justice, and
that he has truly stated in his application the kind and quality
of the merchandise goods and services he proposes to sell, the
board shall issue to him a _license to pursue his occupation in
the City of Stephenville when he has complied with the provision,%
of the ordinance.
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SECTION XIII.-- The License Board in its written statement v
(filed with the City Secretary shall make specific findings as to
,'the matters set out in Section XII hereof, and if from such find -ill
ings the applicant is entitled to the license a plied for the ap
plicant shall be immediately examined by the CiV health officer 1;
of the City of Stephenville for contagious or communicable diseas�'
and the health officer shall file with the City Secretary a ceati
ficate stating whether the applicant is, afflicted with amp such aH
,disease, no license shall issue to him until the City Health Of-
ficer pronounces him cured and free from such disease or diseases
SECTION XIV.-- If the City Health Officer by his certificate'(
shows the applicant for any license to be afflicted with any con -II
tagious or communicable disease and such applicant desires to con-JI
Itrovert such finding of the City Health Officer, he shall make s4
fact known to the License Board and the Board shall proceed im- ;,
mediately to hear such contest and shall make its findings in ac-;,
cordance with a preponderance of the evidence submitted. Any of-
'.ficer of the City and the applicant may present evidence at said
hearing, and if the License Board finds chat the appplicant is note
!!afflic ed with such disease or disorder, he shall be entitled to
..the issuance of the license applied for subject to the other pro
;visions of this ordinance.
SECTION XV.-- When the License Board has determined that an I
11applicant is entitled to have a license issued to him hereunder
it shall give the applicant written notice of such fact immediae'!
y, and the applicant shall have such license issued to him when ;'
he has com lied with the followingconditions:
�a) he shall deposit with the City Treasurer the sum of l
.;Five Hundred Dollars in cash to be held by such treasurer during
`the term of such license and for ninety days thereafter upon the i!
:!conditions hereinafter named.
(b) If the applicant is financially unable to make the �!
'',deposit of Five Hundred Dollars in cash, he shall make and file I'
his affidavit with the License Board stating that he does not hav
the money with which to make such deposit, and is unable to borro!
%such amount for the required length of time, and upon the making II
'.land filing of such affidavit if the same be not contested within ii
�itwo days, the applicant shall be entitled in lieu of the cash de -
;Posit of Five Hundred Dollars to make and file with the License
,Board his bond with two or more good and sufficient sureties cond o
;tinned as hereinafter required. Such Bond shall be in the penal
;sum of Five Hundred Dollars, shall be signed by sureties owning
unincumbered real estate in the State of Texas of an amount equal
!to the sum of Five Hundred Dollars or shall be signed by a surety
!or bonding company incorporated under the laws of Texas, or auth- i
or zed to do business in the State of Texas. If a bond is present i
ed siggnned by a surety or bonding company as surety, there shall rr!
be submitted with such bond the certificate of the Secretary of
,State of the State of Texas showing that the surety is incorpor- I
'ated under the laws of the §tate of Texas, or that it has a perm; l
geftsba 8PftPwWR Retsdrety execu esoby agent, shall aIsohe
be filed with the bond.
(c) Such bond shall bind the principal and sureties to
pay to the City of Stephenville the sum of Five Hundred Dollars
fay
the use and benefit of any citizen of Stephenville who may be
damaged or injured by reason of any false representations as to
any goods, wares, merchandise, photographs, tickets, coupons,
symbols, or services sold ,to such persons by the applicant after.
he has received his iicense, or by reason of the breach or failur<
of any guaranty or warranty made or given to any citizen of the
City of Stephenville by applicant in the sale of such goods, ware;
merchandise, photographs, tickets coupons, symbols, or services.
Said bond shall further provide Uat it is payable at Stephenvill(
Texas, and that is is for the use and benefit of every citizen of -
Stephenville, and that if any suit is filed by any citizen of sail
City against applicant for false representations, fraud, breach of
guaranty, or warranty, in sales made under his license, that the
sureties on such bond shall be made parties thereto, and that any
judgment rendered against applicant in such suit shall also be
against the sureties on such bond. Said bond shall be approved
by the License Board.
(d) If the cash deposit above provided for is made, suchV
deposit shall be held for the term of the license and for ninety
days thereafter, and the deposit of the same hereunder shall be
.for the use and benefit of all the citizens of Stephenville and
.ouch deposit shall be liable for the satisfaction of any and all
"claims established against applicant by a court of competent juri
diction for false representations, fraud, breach of warranty, or
breach of guaranty in the sale of goods photographs, tickets,
symbols, coupons or services under the �icense to be issued in
favor of any citizen of the City of Stephenville. If the City
'treasurer of the City of Stephenville is not notified of a pendingi
suit against applicant before the expiration of ninety days after i,1
,the termination of the license issued, he shall return said de-
posit to applicant. If such treasurer is notified of the pendency,;
of such a suit he shall hold said deposit to the amount sued for !�
until final judgment is rendered therein.
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SECTION XVI.-- Upon the making of such deposit, or the filingi
of said bond, and the performance of the other requirements of
this ordinance the License Board shall issue to the applicant a
license to sel'1 the goods, wares, and merchandise and pursue the
occupation set forth in his application and from and after the
date of the issuance of such license, tie applicant shall be auth-]
prized to sell the goods, wares, merchandise, services photography
or coupons or tickect described in his application in the City of
Stephenville for a period of one year from the date of such
license.
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SECTION XVII.-- If the applicant is dissatisfied with any
holding or finding of the License Board he shall have the right
'to appeal to the Uity Council of the City of Stephenville by
filing a written notice of such appeal with the License Board Ri
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'in ten days from the making and filing of such decision of the
License Board. Upon the filing of such notice of appeal, the ap-
plication and all japers possessed the License Board in connec°
tion with such application shall be elivered to the Clerk of the
City Council, and such matters as may be in controversy shall be
heard by the City Council at its next regular meeting ;,after
the filing of said notice of appeal, and the.CityCouncil shall ha,
,the same powers and authority at such hearing on such appeal as i;
herein vested in such License Board.
SECTION XVIII.-- Before any license shall issue under the pr(
'visions of this ordinance, the applicant shall pay the occupation
''tax levied upon his occupation by the City of Stephenville, The
State of Texas and Erath County. It is provided, however that
,,in the event it is held by any court of competent Jurisdiction
that anyy such occupation tax is illegal or invalid that never-thi
',less, the persons described in this ordinance shal'1 be required t
secure the license herein provided for in accordance with the
;;other terms and provisions of this ordianace.
SECTION XIX.-- At the time of the issuance of the license
Wherein provided for the applicant shall pay to the City Secretary
lof theCity of Stephenville an additional fee of Thirty-five dol-
lars which together with the on final Thirty Dollars required in
Section VIII hereof shall constitute the fees of the City of Ste-
phenville in the amtter of issuing each license.
SECTION XX.-- For the services rendered in connection with
TIithe issuance of each license, each member of the License Board
lshall receive a fee of Ten Dollars, and the City Health Officer
shall receive a fee of Ten Dollars which shall be paid from the
'general funds of the C ty and all other costs of the investigatioi
and the issuance of the license shall be paid by the City of
G +;Stephenville. The City shall keep and maintain a complete file
land record of all applications and evidence, and each application
,,shall be filed separately.
SECTION XXI.-- Every.transient and itinerant peddler or ven-
dor of goods, wares, merchandise, photographs, seeds, feeds, gro-
ceries; coupons, tickets, symbols, personal services, or goods of
any kind who pursue$ his or her occupation within the corporate
limits of the City of•.,Stephenville without first obtaining the
license herein provided for shall be guilty of a misdemeanor and
upon conviction shallbe fined in any sum not exceeding One
Hundred Dollars. Each day such person pursues such occupation
shall constitute a separate offense.
SECTION XXII.-- This ordinance shall not aptly and has no
'Iapplication to residents of the City of Stephenville unless they
;,pursue such occupations within the limits of said City, and does
;not .appply and has no application to persons selling farm produce
raised by them, or on their own lands, or on lands under their
,control, and does not apply and has no application to salesmen
irepresenting Wholesalers who take orders for goods,. wares, and
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