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February 18, 1948iu(lNUTrs ur' N rta';GUi,riii r¢rr;iTIIvG ur' Trir,_ CITY wU}vC1L Gr' erLST IYic;,rli~iiIS F'rBFtUARY ~-$, J.9I;Q _ . The Council of the City of ldest; M~m_rhis in the County of Crittenden, State of Arkansas, met in a regular session at the City Hall in said City at 7;00 P.1~, on the 16th day of February, 194s. Ttte meeting teas called to order by the idayor, and the roll being called there were: Present: P, h4, Dacus in the chair and the following named Aldermens Curtis Foster, R. R. Idorley, 0, 1, Bollinger, G, uJ. IdcAuley, and J. A. Johnson; City p,ttorney J. H. Spears and City Clerk L, P. liernhard, Absent: Alderman C. H. gown, It beinb determined a quorum t°:as present, the following proceedings were had to-wit: Minutes cf the meeting of the City Council on debruary Crth were read and approved. Mayor Dacus advised the Council that the Li4ht & ';^;ater Conairission had adjourned tt;eir meeting until this date and that several of the members of the Commission mere now present to hFar the tiuditor's Report; thereupon, Mr, L'arney of the firm of Oliver P. CoLb & Company discussed with the Council and the Light & 'eater Commission the report on t}ie aduit for the year ending i7ececnber jl, 19tr7. Notion was made by Alderman Bollinger that the ordinance entitled ~~Arr Ordinance Defining, Regu'~ating and Licensing Solicitors and Canvassers artd Providing Penalties for the Violation Thereof" be read the third and final time. The ordinance was then read the third time. Motion tvas made by Alderman Johnson and seconded by .41c}er~.~an Foster that the ordinance be adopted as read, and the roll being called the foilo~rrir.g voted: Aye= Curtis ~~oster, R. R, ilorley, p, I, Bollinger, G. c1, }iicAuley, and J. r. Johnson. Iday: None. Vhtereupon the Mayor declared said motion duly adoptE.d and said ordinance duly passed, and slgrted his approval to said ordinance and the City ~7.erk eras directed to spread the same upon the record of Ordinances of the City oflest N~rnphis, grkansas, and to have same published as required by law, and to number said ordinance DIo. 111, Said ordinance to which no amendment teas offered read as follovrs: ORDIPdADICE A10. 1117 AIJ ORDINANCE DEFI1IIPdG, REGULATIPIG 11PID LICySIidG SOLICITORS AIID CAt},'ASS~RS .4ND PRO'JiDI1~IG PitdALTILS FOR THE VIOLATIOPI THEREOF BE IT ORDAINS tsY TYli COUPICIL OF THE L'ITY OF ti'dEST NIF1uIPIIiS, AR}i4NSAS. SECTIOI} 1. Permit and License Required. It shall be unlawful for any solicitor or canvasser as defined in Section o this ordinance to engage in such business within the corporate limits of the City of eYest Memphis vvithout first obtaining a permit and license therefor in compliance with tdie provisions of this ordinance. ^ECTIODI 2, Definition. A canvasser or solicitor is defined as any individual, whether resident o e C ty o£ Vlest Ideruphis or not, traveling either by foot, wagon, automobile, motor truck, or any other type of conveyance, from place to place, fmn house to house, or from street to street, taking or atter,ipting to take orders for sale of goods, wares and rm rchandise, personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, tvktether or not such individual has, carries or exposes for sale a sample of the subject of such sale or vrhether he is collecting advance payments on such sales or not, provided that such definition shall include any person who, for himself, or for anottrr person, firm or corporation, hires, leases, uses, or occupies any building, structure, tent, railroad box car, boat, hotel room, lodging house, apartment, shop or any other place within the City for the sole purpose of exhibiting samplas and taking orders for future delivery, SECTION 3. A~P~~l~~i__c~~a~~~ti~~on. Applicant: for permit and license under this or~?inance must file with thee i~Z"~rk a sworn application in s;riting (in duplicate) on a form to be furnished by the City Clerk, which shall give the folio;-ring informations (a) Name and description of the applicant; (b) Permanent borne address and Hill local address of the applicant; (c) A brief descrirrtien of the nature of the business and the Roods to be sold; (d) if employed, the name and address of the employer, together v^3th credentials establishing the exact relationship; (ej The length o1 tirao for wlu ch the ri;ht to do business is desired; (f) The place where the goods or property propased to be sold, or orders taken for the safe thereof, are manufactured or produced, where such moods or products are located at the time said appli- cation is filed, and tyre proposed method of delivery. (g) A statement as to whether or not the applicant has been convicted of arty crime, misdemeanor, or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor; and At the t:irire of filing the application, a minir,um fee of ,~n1.00 shall be paid to the City Clerk to covar the ocst of investigation of the facts stated therein. SECTION fit: Investi7ation and Issuance. (a) Upon receipt of such application, the original shall be referred to t e ~ ie of a ce, vrho shall cause such investigation of the applicant's business and moral charrcter to be made as he deems necessary for the protection of the public good. Cb) If as a result of such investigation, the applicant's character or business responsibility is .found to be unsatisfactory, the Chief of Polic© shall endorse on such application his disapproval and his reason for the same, and return the said application to the City Clerk, who shall notify the applicant that his application is disapproved and that no permit and license will be issued. (c) jf as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the Chief of Police shall endorse on the application hia approval, execute a permit addressed to the applicant for the carrying on of the business applied for and return said permit, along with the application to the City Clerk, who shall, upon payment of the prescribed license fee, deliver to the applicant his permit and issue a license. Such license shall contain the signature and seal cf the issuing officer and shall show the name and address of said licensee, the class of license issued and tits kind of goods to be sold thereunder, the amount of fee paid, the date of issuance and the length of time the same shall be operative, as well as the license number and other identifying description of any vehicle used in such solj.cit- ing or canvassing. The Clerk shall keep a permanent record of all licenses issued. SECTION 5. Fees. (a) ~l~re license fee tirhich shall be charged by the L'ity Clerk for such license shall be ~0 per day, °~2.K0 per week, X3.00 per month, ~p5.00 per year. (b) The annual fees herein provided shall be assessed on a calendar year. (c) None of the license fees provided for by t1Lis or.?inance shall be so applied a.s to occasion an undue burden upon interstate commerce. In any case where a license fee is believed by a licensee or applicant for license to place an undue burden upon such commerce, he may app-ly to the +~a~>or for an adjustment of the fee so that it shall *.rot be discriminatory, unreasonable, or unfair as to such commerce. Such application may be made before, at, or within six months after payment of the prescribed license fee. The applicant shall, by affidavit and supporting testimony, show his method of business and the gross volume or estimated gross volume of business and such other informa- tion as the lr(<,,yor ~:.ay deem necessary in order to determine the extent, if any, of such undue burden on such commerce. the Llayor shall then conduct an investigation, comparing applicant's business with other businesses of like nature and sha]1 make findings of fact from vrhich he shall determine whether the fee fixed by this ordinance is unfair, unreasonable or discriminatory as to applicant's business and shall fix as the license fee for the applicant, an amount that is fair, reasonable and ron-discrim- inatory, or, if tits fee has already been paid, shall order a refund of the amount over and above the fee so fixed. In fining the fee to be charged, the EGayor shall have the pov/er to base the fee upon a percentage of gross sales, or any other method tivhich will assure that the fee assessed shall be uniform with that assessed on businesses of like nature, so long as the amount assessed does not exceed the fees as p rescri'aed by Section 5 (a) of this ordinance. Should the Y.9ayor determine the gross sales measure of the fee to be the fair basis, he may require tc~e applicant to submit, either at the time of termination of applicant's business irr the City of ~~est 1~emir}ris or at the end of each three month period, a sworn statement of the gross sales and pay the amount of fee therefor, provided that no additional fee during any one calendar year shall be required after the licensee shall have paid an amount equal to the annual license as prescribed in Section 5 (a) of this ordinance. SECTIOt1 6. Lxhibition of License. Solicitors and canvassers are required to exhibit their licenses at the requ es o any c zen. SECTIOY? 7. Duty of Police to gkrforce. It shall be the duty of any police officer of the City of guest Nempi s o requure any person seen soliciting or canvassing, and vrho is not hnovm by such officer to be duly licensed, to produce his solicitor's or canvassers l.irense and to enforce the provisions of this ordinance against any person found to be violating the same. SECTION 8. Records. The Chief of Police shall report to the City Clerk all convictions for violation of this or nance and the amity Clerk shall maintain a record for each license issued and record the reports of violation therein. SECTIOPI 9. Revocation of License. (a) Permits and licenses issued under the provisions of this ordinance may e revo e y t e Grief of relics of the City of iVest Zrlemnhis after notice and hearing, for any of the following causes; (1) B'raud, misrepresentation, or false statement contained in the application for license; (2) Fraud, misrepresentation or false straernent made in the course of aarryin~- on his business as solicitor or as canvasser; v (3) ~+ny violat5 on .,1 i;n1.s ordinancE; (L~) ~onvictien of any crime or misdarneahor involving moral turpitude; or (5) Conducting the business of soliciting, or of canvassing, in arc unlavrful raarner or i.n such a manner as to constitute a breach of the peace or to constitute a menace to the hE;alth, safety, or general welfare of the public. (b) notice of the hearing; 1'or re-aucati.on of a license shall be given in ~rriting, setting forth specifically Che grounds of complaint and the tine acrd place of hearing. Such notice shall be mailed, postage prepaid, to the license at his last lcror•m address at least five (f) hays prior to the date set for hearing. SL~'CTIOII 10. ~+ppeal. ~~ny person agbrieved bar the action of the Chief of Police or the City Cle rk in the denim of a peri;iit or license as provided in Section !4 of this ordinance, or the: action of the ~uayor in the assessin of the fes as provided in Section ~ ('c) of this ordinance shall have the right of appeal to the Council of i:he City of ~+est P4emphis. Such appeal sha:11 be taken by filing with the Council, lrithin fourteen (1~) days after notice of the action complained of has been mailed to such p~rsoncs last knovm address, a vrritten statement setting forth ilrlly the grounds for the appeal. The Council shall set a time and place for a hearing nn such appeal and notice of such hearin` shall be given to the appellant in the same mann::r as provided in erection ~ of this ordinance fur notice of hearing on revocation. The decisien and order of the Council on such appeal shall be final and conclusive, SSCTIODI 11. expiration of License. All annual licenses issued under the provisions of this ordinance s a expire on t e st day of Becember in the year when issued. i%ther than annual licenses shall empire on the date specified in the license. ST3CTIOAI 12. ~Pc~m~a__l~_t~~~ . Any person violating arty of the provisions of this ordinance °hall, upon conviction thereo.f~e punished by a fine not to exceed one hundred dollars (;100.00) or by imprisonment not to e:cceed o0 days or both such fine and imprison:~~ent. SrCTIOI~I 13. Severance Clause. 'the provisions of this ordinance are declared to be sever- able and if any sec ion, eentence, clause, or phrase of this ordinance shall for airy reason be held to he invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses and phrases of this ordinance but they shall remain in effect, it being the: legislative intent that this ordinance shall stand notwithstanding the invalidity of any part. SECTION 14. Repeal of Conflicting Ordinances, till orctinances or parts of ordinances inconsistent with the provisions of this ordinance, be and the same are hereby repealed. mac-;: ;E;a;~;~attro- An ordinance amending Ordinance No. 1l~6 was introduced in writing and read in ilrll by Alderman Bollinger. alderman Morley moved that the rule requiring said ordinance to be read in full on three different days be suspended, and that said ordinance be plae;d on .its second reading; motion Nas seconded by Alderman HGcAuley, and thereafter the t+airor put the question on the adoption of said motion, and the roll being called, the follovring voted: Ayes Curtis Foster, lt. R. Corley, 0, I. Bollinger, G. 'V. R4cAuley, and. J. ~+. Johnson. Nay' None. Whereupon the mayor declared the motion duly passed and said ordinance placed on its second rc;ading. The ordinance bras then read the second time by Alderman Johnson. Alderman Foster then, moved that said ordinance be no~.•r placed upon its final adoption; motion was seconded by alderman iiorley, and after due consideration thereof by said Council, the Layor put the question on the adoption of the motion, and upon the roll being called, the Poll rnving voted: Aye: Clxrtis roster, R. R. 1Jlorley, 0, I, Bollinger, G. ~1. McAuley, and J, A. Johnson, Nay: tdone. Whereupon the Layor declared the motion duly carried and said ordinance placed upon its final reading and adoption. 11~ __ __ Said ordinance v:~as read in full by nlderntan Johnson, who moved its adoption, seconded by Alderman i-icAuley, and after due consideratiion thereof by said council, the I<iayor put the question upon the adoption of said motion, and upon passage of said ordinance, and tkte roll being called, the following voted= Aye: c%txrtis Foster, R, it. Alorley, 0. I. nollinYn:r, G. }+'. ldew~tuley; and J. A. Johnson. Nay: j7one. 'l~lhereupon the mayor called to the Council's attention that the ordinance, as adopted, contained an emergency clause and suggested that specific action should be taken by the Council on this clause. ',ilte;reupon motion rr.~es made by ~~lderman boll.in;3er and duly seconded by Alderman ~1cAuley that the emergency clause of said ordinance be adopted, and the roll being called, the following voted: Aye: Curtis Foster, R. R. h4oriey, 0. 1, Wollinger, G. ".l. ~cqule;,T; and J. A. Johnson. Dlay: ldone. }kYtereupon the ukayor declared said motion duly adopted and said ordinance duly passed, and sirmed h.is approval to said ordinance and the Jity Clerk vras directed to spr~.ad the same upon the record of Ordinances of the City of Veest Ntemphis, Arkansas, and to have sane published as re-,t,ired by lavv, and to number said ordinance PJo. 11t0. Said ordinance to whictx no amendment vrjs offered read as follows: ORDIALti1dL'„ I10. lla8 r;N ORDIIIAIICE AMra?DIP'G ORDIP1AiICE 110. 146 PA:SED A:iD Ap?R0';L~'ll THE 22ND D1eY OF JAPdUARY, 191{8. Bs IT ORP.AIPdFD BY TFi. CITY COUNCIL, OF THE CITY OF ',TEST ?•~29PHI5: That Section 2 of Ordinance f1o. 1116 be amended to read as follows: SECTION 2. Definitions. (a) The word 'person" as used herein include the singular and the plural and shall so mean and include arty person, firm, or corporat;on, association, club, co- partnership or society, or any other organization. (b) The word 'tpedd_er" as used herein shall include any person, whether a resident of the City of 1Vest Memphis or not, travelling by foot, wagon, automotive vehicle, or any other tlnpe of conveyance, from place to place, from house to house, er from street to street, carr,}ring, conve;;*ing or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, garden truck, farm products or provisions, offering and exposing the same for sale, or making sales and delivering articles to purchasers, or who, without travell- ing from place to place, shall sell or offer the same for sale from a wagon, automotive vehicle railroad car, or other vehicle or conveyance, and further provided that one tivlto solicits orders and as a separate transaction makes deliveries to purchasers as a part of a scheme or desi€m to evaie the provisions of this ordinance shall be deemed a peddler subject to the provisions of this ordinance. The urord "peddler" shall include the words "hawker" and '~Jntckster", provided hograver, this ordinance shall not apply to any person, firm, corporation, or copartnership that manufactures packages, bottles, cr processes the goods, ;vares or merchandise which are proposed to be sold under the provisions of this ordinance. SECTIOtd 3. Emergenc G~ 'lease. It is found and declared to be a fact that there are numerous persons conductingg'tTe Tiusiness of peddling in the City of lY`est 1~Qemphis, that there is no adequate licensing ordinance regulating said business, that it is necessary to protect, the public peace, health and safety of the citizens of Wiest ~~:mphis, therefore an emergency is declared to exist and this ordinance shall be in fall force and effect from and after its passage and approval. ifib :H.tiht-3:~Sit3Y,tii-S:it fir. Thomas and iiir. Schas of the firnt of Wallington-Schas Sc Comparif met t^rith the Council and discussed the possibility of a netiv bond issue. A tentative proposal was verbally agreed upon whereby the City might be enabled to issue the bond: vrhich it proposes to enter. E4tllington- Schas propose to employ Attorney Dobbins of Little kock to represent them, and vrho will confer with the City Attorney in an attempt to trork out a plan whereby the bonds maybe issued. A franchise granting to the East hrlcansas natural Uas Consumers Corporation an exclusive right and privilege to distribute natural gas to the inhabitants of ;Vest +Wemphis presented by Pdx^. George Lee, 2Jtanager of the: `'hamber of ~onunerce, eras turned over to City t~ttorney J. H. Spears for his consideration. The Dtxilding Inspector presented the building permits he had authorized to be issued. 1<:otion rras made, passed, and adopted to confirm the actions of the L`:iiding Inspector in the issuance of the follotvin~ building permits: }'rest +~ernphis Hones, inc. 1~Ym. L. Johnson Co. Jim Townes llzs Glover I.ee Greer Nam Lam I;~otion i°ras made by Alderman Idcrley and seconded by Alderman McAuley to approve, authorize, ratify, and~or confirm payrient of the following bills; J. o+. %Villiams :;x29.00 L?rs . ivi, B. Currie X35.00 Henry i'aLner 40.9$ C. 0. Burrow 205.00 Robert IG~cker 30.90 G. G. Kietzman 300.00 Jolrn PdcUullar 33.00 P. H. Cushaman 300.00 John Dabner 33•'J0 C. H. Brown 10.00 E;d Hudson 25.50 G. 'uV. i?cl:uley 10.00 Sarah Smith 35.00 Curtis roster L~.00 J. `I. 1"Jil.liams llU.l10 0. I. Bollinter 10.00 Henry Palmer 40.95 J. ». Johnson 10.00 Robert Rucker 37.d0 R. R. Ilnrley 10.00 Fred P.~llins 9.00 J. H. Spears 75.00 Herman 1`ard 9.00 J. T, Huss 190.00 Jolur P:?cCul.lor 33.00 0. J. Hatton 200.00 John Dabner 33.00 Louis jlathcock 150.00 Ed Hudson 36.00 J. r. ~°Jright 230.00 Roscoe Jackson 2!1.00 h'ss. J, t'. tri;ht 185.70 John Jells 21.00 Choctorr, Tnc. 180.132 Jos »mos 28.20 b?erchants & Planters ya~ik 165.00 Arthur ~nith 7.50 ?'etty Cash 5.35 Lveles Robinson 3.50 Pett;* Cash 16.73 Fred Alexander 3.50 G. G. hietzrnan 30.00 ~`Jillie r`1.eming 7.50 P. T. Rogers 1pC.00 Johnny Dorris 26.00 John irScC'ullar 33.00 Louis Mond 15.00 John Dabner 33.00 Early Pope 20.00 Ld Hudson 211.75 Sarah Smith 35.00 Johnny L?crris li'..20 0. P. Sides, Jr. 102.00 Joim ~~Iells 13.50 Otis Ball 15.00 Early Pope 16.50 Doz e Dodd ln 125,00 Luther Tt~urmon 13.50 . Jt:an Hillencamp 112.50 James Arnos 20.80 Fi. D. Holland 250.00 .Sarah Smith 35.00 H. D. Holland 30.00 J. :+. ~+illia:ns 1x0.110 L, P, Bernhard 25.00 Henr~r Palmer 45.50 Dayton Sackett 25.00 itobert RucY.er 37.80 P. L?. Dacus 150.00 Herman l,`ard 9.00 Upon the matter being- called to vote, the folloirin,; voted: Aye: Curtis roster, tt. 13. I3orley, 0. T. Bo1lin,er, G. ~~. t'icAuley, J. A. Johnson. Aay: Clone. Plo tlarth?r business apperrir,g, the meeting xas adjourned. ?',?AYOR ATT ST: CT_TY~CT.L':RI: API'Ri;~: