HomeMy WebLinkAboutOrd1978-466
7/24/78
11/13/78
RHJ / j es
REV
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In.uced By:
Introduction Date:
Public Hearing:
Public Hearing and
Enactment
City Attorney
November 27, 1978
January 8, 1979
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January 22. 1979
CITY OF SEWARD, ALASKA
ORDINANCE NO. 466
AN ORDINANCE RELATING TO TRANSIENT MERCHANTS,
AMENDING SECTION 16-7 OF THE SEWARD CITY CODE
AND CREATING NEW SECTIONS THEREOF
THE CITY OF SEWARD, ALASKA, ORDAINS:
Section 1. Section 16-7 of the Seward City Code is hereby amended
to read as follows:
Section 16-7. Exemptions from article; intent of article.
The provisions of this article shall not apply to
orders taken by commercial travelers and in the usual course
of business, or to bonafide sales of merchandise or goods by
sample for future delivery, or to persons engaged in the
marketing or sale in this city of dairy, farm, fish or seafood
products, all of which are fresh.
.
It is the intent of this article not to discriminate between
residents of this city or of the state and nonresidents thereof,
and it is expressly provided that this article shall apply with-
out discrimination to all peddlers, hawkers and auctioneers,
itinerant vendors and persons, their principals and agents,
engaging in temporary or transient business of vending or selling
merchandise, stocks or bonds or other articles of commerce within
the city, whether residents of the city or state or nonresidents
thereof. (1960 Code, S 4.405)
Section 2. There is hereby created a new Section 16-9 which shall
read as follows:
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Section 16-9. Definitions.
The term "itinerant vendor" and the term "transient
merchant" shall mean any person, firm or corporation whether
as owner, agent, consignee or employee, whether a resident of
the city or not, who engages in a temporary business of selling
and delivering goods, wares, and merchandise within this city,
and who in furtherance of such purpose peddles from door to door
or hires, leases, uses or occupies any building, structure, motor
vehicle, tent, railroad car, boat, any room in a hotel, lodging
house, apartment, shop or any street, alley or other place within
the city for the exhibition of such goods, wares and merchandise,
either privately or publicly. The person, firm or corporation so
engaged shall not be relieved from complying with the provisions
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City of Seward
Ordinance No. 466
Page Two
Section 16-9. Definitions. (cont'd)
of this chapter merely by the reason of associating temporarily
with any local dealer, trader, merchant or auctioneer, or by
conducting such transient business in connection with, as a
part of or in the name of any local dealer, trader, merchant
or auctioneer.
As used in this chapter, "temporary" means for a period
contemplated to be less than 120 days duration. The licensing
requirements of this chapter do not extend to the sale of
personal goods or wares at such functions as garage sales, flea
markets, or to commercial travelers who regularly take orders for
goods in the usual course of business where orders are taken from
residents of the city, regularly engaged in wholesale or retail
business properly licensed under city or state law.
Section 3. This ordinance shall become effective immediately upon
passage and adoption.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this
22ndday of January ,1979.
CITY OF SEWARD, ALASKA
~~I ~fl
Raymon . Hugli
Mayor
AYES:
NOES:
ABSENT:
CAMPBELL, GILLESPIE, HUGLI AND SORIANO
NONE
LEER, POTTS AND SWARTZ
ATTEST:
APPROVED AS TO FORM:
HUGHES, THORSNESS, GANTZ, POWELL & BRUNDIN
Attorneys for the City of Seward, Alaska
(City Seal)