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Ord 74-31 AN ORDINANCE BY THE COUNCIL OF THE CITY OF DELRAY BEAC~, PAi2~ BEACH CODi~TY, FLORIDA, PLACING A LICENSE ON, DESIGNATING AND DESCRIBING ITINERANT ~ERCHANTS. Article 1. BE IT ORDAINED By ~he authority aIoresaid, that all itinerant merchants, whether corporations, firms or persons ~oing Ousiness within the City o~ Delray Beach, Florida, shall pay an annual business license to ~ai~ City amoun~in6 to Three Hun~re~ ($~00..00) Dollars. Article ~. BE IT FURTHER ORDAINED Tha~ all persons, firms or corporations not now having a ousiness license in the City of Delray Beach, who hereafter apply for a business license ~o con- ~uct an~ carry on a ousiness-like or similar to a business now being con~ucte~an~ license~ in sai~ City of Delray Beach, Florida, shall be termed, ~esignate~ an~ ~efine~ as itinerant me rchant s. Art icle ~. BE IT FURTH~R ORDAINED That any and all corporations, firms or persons who live or reside outsi~e of the City of Delray Beach; or whose principal place of business is outside the corporate limits of sai~ City; or who solicit shoes for repair, laundry, cleaning, pressing, or any other wares or merchandise for the purpose of repairing, cleaning overhauling, or to have any other work ~one or performe~ thereon, ~hen such actual work, repairs, cleaning or otherwise shall be ~one outsl~e of the City of Delray Beach, Florida, whether such corporation, firm or pe~rsau maintains ~esk~ space, has an agent or an office within the City of Delray Beach, or no~, shall oe termed, ~msignate~ an~ ~eflnee as an itinerant merchant. PROVIDED A~WAYS That any corporation, firm, or person who has had their main office or place of business within sai~ City or who has resi~e~ within sai~ City ann who has actually con~ucte~ sai~ business continuously for the perio~ of one (1) year, an~ who has ha~ his repairs, cleaning, pressing or laundry work none within sal~ City for one (1) year, an~ who has purchas- e~ a business license~ after the expiration of one (1) year of continuous business, as Just ~escribe~, shall have returne~ to him, or it, the ~ifference between the license fee charge~, residence merchants, ann that which he has heretofore pain here- un,er, PROVIDED ALWAYS That an appeal herefrom can be had to the City Council of the City of Delray Beach, Florida. ALL ORDINANCES and parts of ordinances in conflict .herewith are hereby repeale~. PASS~ AND APPROVED BY The authority aforesaid on first rea~ing, this the ~ may of o~. 19Jl. r~ident ' of oi - ' ~lerk,Clt~LJof~DelraY Beach, Florida. PASSED AND APPROVED By the Authority aforesaid upon secon~ rea~ing, this the /.. .~4 may of December, A, D, 19~1, President of Council of City of ~Flortda. EXAMINED AND APPROVED By the Mayor of the City of Delray Beach, Florida, this the !~~ ~ay of December, A.D. 19~1 Delray Beach, Florida. February 17, 1935. To The Mayor and City Council of the City of Delray Beach, Florida. Gentlemen: As per your request, the following is~ my construction of the itinerant merchant ordinance passed by the Mayor and City Council on the lath day of December A. D. 19~l : Within my judgment, this ordinance, when read as a whole, is an effort to protect the continuous businesses within the City of De&ray Beach, Florida, who pay a business license to carry on a business in~ their respective lines, from those merchants or businesses who come in under the guise of running an~ operating a continuous business and get a license therefor but in fact operate and marry on only for a part' of the season, or for a short time, and are then gone, and who do not live, staI~j or reside, pay rent, or otherwise contribute to the general welfare of the town for the remainder of the year. Section Namber Two of the ordinan6e is a broad definition of itinerant merchants who apply £or a business license to conduct and carry on a business, like or similar to a business ready license in said City, construing and designating all of those who apply to conduct and carry on such similar business or businesses to ce itinerant merchants, and within my opinion, I believe the Council intended to put the emphasis on the conducti~ and carrying on as a permanent business, distinguishing such application from the application of those persons, firms or corporations which apply for a license on a per day or per week basis, as is provided for in our license From this section I construe any person, firm or corporation not licensed at the time of the passage of the ordinance, where there is a similar business license issued by the City, and the business is conducted and carried on, to be itinerant merchants. Section Number Three construes those firms, corpora- tions or persons who live or reside outside of the City of Delray Beach or who have their principal place of ousiness outside of the City, and who might solicit work within the City, to be itinerant merchants whether they maintain desks or office space in said City or not. Unnumbered paragraph following Article Three prescribes the manner in which those who have been constraed itinerant merchants might redeem themselves on such construction and might be placed and construe~, after the purchase of two business licenses and after the continuance in business for one year, as a regular merchant. This ordinance has to be construed in ~he light of the other ordinances of said City touching and dealing with occupational licenses. The other ordinances now in force ar~l efIec~ prescrioing occupational licenses, attempt to classify the different ¥ocatlons and occupations and distinguishes between businesses being conducted and carried on in said City as a permanent business and those coming in which are licensed on a per day or per week basis, which latter, within~.my~.ca~str~Otlgn, are not construed to be itinerant merchants or businesses in the ordinance in Question. This ordinance clearly is not discriminatory as between permanent businesses and occupations in said City but attempts to designate and define itinerant merchants and was passed for the protection of those Conducting and carrying on from year to year the regular licensed businesses in said City against those who might come in under the same class to conduct and carry on a continuous business from year to year, but who in fact are not permanent but are merely seasonal and have no intentions of conducting a permanent business in said City. Every business upon which the City imposes an annual license, giving said business the privilege of being conducted and carried on w~lXin said City, is, within the meaning of the ordinance, embraced under and designated as merchants whether they sell services, merchandise, entertainment or other things commerci ally. The construction as contained in the ordinance in question is subject always to an appeal to the Ci~y Council as is therein provided. Respectfully submitted, ' J. H. Adams, ... Attorney for the City of JHA:n Delray Beach, Florida.