CHAPTER 4
BUSINESS & COMMERCE
ARTICLE 4.100 ALCOHOLIC BEVERAGES*
Sec. 4.101 Definition of Terms
For the purpose of this article, all definitions of words, terms and phrases as set forth in the Texas Liquor Control Act are hereby adopted and made a part of this article. (Seymour City Code, Chapter 3, Section 3-1)
Sec. 4.102 Permit to Manufacture, Sell, Distribute or Store
No person shall manufacture, sell, distribute or store any intoxicating alcoholic beverage, or engage in any other activity with relation to the same, for which a permit is required by the Texas Liquor Control Act, within the city without first obtaining a permit to do so from the city. The fee for such license shall be an amount equal to one-half (1/2) the permit or license fee charged by the state under the Texas Liquor Control Act. (Seymour City Code, Chapter 3, Section 3-2)
Sec. 4.103 Prerequisite to Issuance of Permit
No permit required under the terms of this article shall be issued to any person until he shows that he holds a state permit for the particular phase of liquor traffic in which he desires to engage in the city, and until the fee required by the city for such permit shall have been paid to the city. (Seymour City Code, Chapter 3, Section 3-3)
Sec. 4.104 Duration of Permit
All permits issued under the terms of this article shall expire at the time shown in the state permit presented by the applicant. If a permit sought is issued for a period of time of less than one year, only a proportionate part of the annual fee shall be exacted and collected; provided, however, a fractional part of any month shall be counted as one month in calculating the fee which is to be paid. (Seymour City Code, Chapter 3, Section 3-4)
Sec. 4.105 Location Restricted
No beer, wine, or liquor shall be sold within the corporate limits of the city and no license or permit shall be issued for the sale of same, except in the areas in which sales are authorized by this article.
(1) It shall be unlawful for any person to sell or engage in the business of selling intoxicating beer, wine or liquor within the city where the place of business of such person is situated within three hundred (300) feet of any church, school, other educational institution, or public hospital or clinic; the measurement to be along the property line of the street front, and from front door to front door, and in direct line across intersections where they occur.
(2) The sale of beer, wine or liquor, in unbroken original containers, to consumers for off-premise consumption is authorized at any location abutting on any of the following streets which are presently designated as state highways, and such sales shall be made from a building of which one main wall is located no more than one hundred fifty (150) feet from the right-of-way line of such street, to-wit:
(3) The sale of beer, wine or liquor which may legally be sold under the laws of the State of Texas, is hereby authorized within the areas described as Presinct 2 and Presinct 3 ; such sales may be for off-premises consumption only.
Sec. 4.106 Hours for Sale of Beer, Wine & Liquor
(A) Beer and Wine – It shall be unlawful for any person to sell beer or wine or offer the same for sale during the following times:
(1) Between the hours of 1:00 a.m. and 12 noon on Sunday.
(2) On any day at any time between the hours of 12 midnight to 7:00 a.m.
(B) Liquor – – It shall be unlawful for any person to sell liquor or offer the same for sale during the following times:
(1) Between the hours of 9:00 p.m. and 10:00 a.m. Monday through Saturday
(2) Never on Sundays, Thanksgiving Day, Christmas Day, and New Year’s Day. If Christmas Day or New Years’ Day falls on a Sunday, then the store must close on the following Monday.
(3) Liquor stores may also sell beer if they have a (BF) license, but the beer sales hours are the same as for liquor
Sec. 4.107 Hours of Consumption
It shall be unlawful for any person to consume any alcoholic beverage in any public place, or for any person to possess any alcoholic beverage in any public place for the purpose of consuming the same in such public place between the hours of 1:15 a.m. and 12 noon on Sunday and on all other days at any time between the hours of 12:15 a.m. and 7:00 a.m.
Sec. 4.108 Private Clubs
It shall be unlawful for any private club to cause, permit or allow any person to consume, or to be served, any alcoholic beverage on private club premises at any time on Sunday between the hours of 1:15 a.m. and 12 noon and on any other day between the hours of 12:15 a.m. and 7:00 a.m.
Sec. 4.109 Drunkenness
Whoever shall get drunk or be found in a state of intoxication in any public place, or at any private house except his own, shall be guilty of a violation of this article and shall be subject to regulations as set forth in Section 4.116 hereafter. (Seymour City Code, Chapter 3, Section 3-9)
Sec. 4.110 Consumption on Streets, Sidewalks, and In Parks
It shall be unlawful for any person to consume any alcoholic beverage while on any street, sidewalk, or other public way of the city. It shall be unlawful for any person to sell, give away, or drink any beer or intoxicating liquors of any kind or nature whatever within the City of Seymour municipal parks. (Seymour City Code, Chapter 3, Section 3-10)
Sec. 4.111 Sale to Intoxicated Persons Prohibited
It shall be unlawful for any person to sell any alcoholic beverage to any person who is under the influence of intoxicating liquor for off-premises consumption. (Seymour City Code, Chapter 3, Section 3-11)
Sec. 4.112 Purchase by Minors Prohibited
It shall be unlawful for any person under the age of twenty-one (21) years of age to purchase any alcoholic beverage. (Seymour City Code, Chapter 3, Section 3-12)
Sec. 4.113 Possession and Consumption by Minors Prohibited
It shall be unlawful for any person under the age of twenty-one (21) years of age to consume any alcoholic beverage in any public place unless, at the time of such possession or consumption, such person is accompanied by his parent, guardian, adult husband or adult wife, who is actually visible and personally present at the time such alcoholic beverage is possessed or consumed by such person under the age of twenty-one (21) years. (Seymour City Code, Chapter 3, Section 3-13)
Sec. 4.114 Possession at School Athletic Events Prohibited
It shall be unlawful for any person to bring or carry into any enclosure, field or stadium where athletic events sponsored or participated in by any public school are being held, any alcoholic beverage or to have any alcoholic beverage in his possession while in, or on, such enclosure, field or stadium.
Sec. 4.115 Unlawful Conduct on Premises Where Beer, Wine and/or Liquor are Sold
Conduct that is lewd, immoral or offensive to public decency by any person at a place of business where the sale of beer at retail is authorized is hereby declared to include, but not be limited to, the following prohibited acts (and it shall be unlawful for any person engaged in such business-or any agent, servant or employee of such person-to engage in or to permit such conduct on the premises of the retailer):
(1) Using-or permitting the use of-loud, vociferous, obscene, vulgar, indecent or abusive language.
(2) Exposing of one’s person or permitting any persons to expose their bodies.
(3) Displaying or permitting any person to display a pistol or a deadly weapon or switchblade knife in a manner calculated to disturb the inhabitants of such place.
(4) Soliciting of any person for coin to operate musical instruments or devices.
(5) Becoming intoxicated on the licensed premises or permitting any intoxicated person to remain on the premises.
(6) Permitting solicitation of persons for immoral or sexual purposes or relations.
(7) Failing or refusing to comply with, or failing or refusing to maintain the retail premises in accordance with the sanitary or health provisions of the city.
(8) Possessing any narcotics.
(9) Possessing any equipment used or designed for the use of administering any narcotics.
(10) Permitting any person on the licensed premises to possess any narcotics or any instrument used for, or designed for, the use of administering any narcotics.
(Seymour City Code, Chapter 3, Section 3-15)
Sec. 4.116 Penalty
Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor, and upon conviction shall be subject to a fine in accordance with the general penalty provision found in Section 1.106 of this code. Each transaction in violation of any of the provisions hereof shall be deemed a separate offense. (Seymour City Code, Chapter 3, Section 3-16)
ARTICLE 4.200 AMUSEMENTS, CARNIVALS AND CIRCUSES*
Sec. 4.201 Permit Required
(a) No person, firm or organization shall establish a carnival, circus, skating rink or any place of amusement in connection with a carnival show or circus without first obtaining a permit to do so from the city.
(b) Application for a permit shall be made at least forty-eight (48) hours prior to the establishment of such activity. A permit shall be granted only if the stipulations in Section 4.202 are met.
Sec. 4.202 Requirements for Locating Amusements
(a) No carnival, circus, skating rink or any place of amusement in connection thereof shall be located within three hundred (300) feet of a residence.
(b) Written consent shall be required from the property owner on which the amusement activity will be located.
(Seymour City Code, Chapter 6, Article 2, Section 6-12)
Sec. 4.203 Law Officers to Have Access to Premises
All law enforcement officials shall be allowed on the premises of any amusement activity for the purposes of maintaining order and surveillance of any unlawful activity. (Seymour City Code, Chapter 6, Article 2, Section 6-13)
Sec. 4.204 Penalty
Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor, and upon conviction, shall be subject to a fine in accordance with the general penalty provision found in Section 1.106 of this code. Each transaction in violation of any of the provisions hereof shall be deemed a separate offense.
ARTICLE 4.300 JUNK YARDS AND SCRAP YARDS
Sec. 4.301 Definitions
Salvage – Shall mean and necessarily include:
- Any discarded, abandoned, junked, wrecked, dismantled, worn out, or ruined motor vehicles (including automobiles, trucks, tractor, trailers, and buses) motor vehicle parts, boats, travel trailers, trailers, cranes, machinery or equipment, machinery or equipment parts, and or recreational vehicles; and/or
- Any discarded, abandoned, junked, wrecked, dismantled, worn out, or ruined lawn mowers (including riding, push, commercial or residential) and or lawn mower parts;
Salvage yard – Shall mean and necessarily includes a salvage yard, automotive wrecking yard, and automotive graveyard shall mean any lot or tract of land upon which three (3) or more discarded, abandoned, junked, wrecked, dismantled, worn out, or ruined motor vehicles (including autos, trucks, tractor-trailers, and buses), motor vehicle parts, lawn mowers, boats, travel trailers, trailers, tires and/or recreational vehicles are either:
- Kept, stored, bought, sold, recycled, or otherwise placed; or
- Disassembled, dismantled, stripped, scrapped, recycled, or cut up.
Scrap – Any discarded, abandoned, junked, dismantled, worn out, or ruined appliances or appliance parts; and/or any junk.
Scrap Yard – Shall be defined as any place of storage or deposit of items such as old iron, pipe metal, glass, paper cordage, appliances or appliance parts, or other waste, that is intended for use as scrap.
Sec. 4.302 Compliance With Article Required
No new business consisting of motor vehicle salvage, wrecking, junk yards, or scrap yards shall be established, operated and maintained within the corporate limits of the city without complying with the terms of this article.
Sec. 4.303 Requirements for Establishing New Business
All operator/owners of motor vehicle salvage, wrecking and junk yards or scrap yards established within the corporate city limits and within the extraterritorial jurisdiction of the city shall be required to make application to the city council for a permit to locate said business or operation in the city. All lots, parcels and acreage within the city not presently being used in the aforementioned business activities shall be subject to the above application. Application shall be made in the office of the city secretary with all necessary information required by the city to be supplied by the applicant. Upon receipt of said application and filing of a permit fee as provided for in the fee schedule found in the Appendix A of this code, the city shall send a letter to all property owners located within three hundred (300) feet of applicants’ lot or tract as shown by tax office records, notifying them of the scheduling of a public hearing on the application at least ten (10) days prior to the date of the hearing.
Sec. 4.304 Permit Application Hearing
The city council will hear testimony from said applicant, any and all property owners within three hundred (300) feet of applicant’s location, and any other concerned citizen who may wish to address the council at the public hearing. The city council shall determine whether a permit will be granted for the proposed business, taking into consideration all applicable state and local laws, health and safety considerations and incompatibility with surrounding land that would tend to depreciate property values or cause urban blight. Said applicant will present all plans and specifications as to compliance with fencing and screening requirements as outlined in Section 4.305 of this article. The decision of the council as to approval or disapproval of the permit shall be final.
Sec. 4.305 Screening Required
Each motor vehicle salvage, wrecking, and junk yard or scrap yard, other than a building in which such business is carried on, shall be surrounded by a solid fence or other similar structure not less than six (6) feet in height and shall be constructed as required so as to block vision from the traveling public. A chain link fence in which slats of metal or other material which blocks vision have been woven shall be considered a solid fence under this section, as well as any natural foliage, terrain or other natural features provided said fences, natural barriers or buildings and screening shall be maintained in good condition as required so as to block vision from the traveling public. Fencing and screening requirements shall be enforced and maintained along all roads and streets, state and federal highways, including all farm-to-market roads, both within the corporate city limits and the extraterritorial jurisdiction of the city. Existing motor vehicle salvage, wrecking and junk yards or scrap yards prior to May 1, 1984 shall comply with the fencing and screening requirements of this article within two years from date of passage.
Sec. 4.306 Penalty
Any person violating the provisions of this article shall upon conviction be deemed guilty of a misdemeanor and fined in accordance with the general penalty provision found in Section 1.106 of this code. In addition to said penalties, the offender’s permit shall be forfeited.
ARTICLE 4.400 REGULATION OF PEDDLERS AND TRANSIENT VENDORS*
Sec. 4.401 Business License
(a) License Required. Before any person engages in the occupation of a peddler, itinerant merchant, or transient vendor within the City of Seymour, such person shall first obtain from the city secretary or her designated representative, a license to engage in such occupation. Any such license granted to any person is issued with the express provision that the licensee shall not make any false or fraudulent representation as to the goods being sold and/or services being provided, or his authority to sell such goods or provide such services or his identity. A separate license and application shall be required for each person who engages in such activities and shall include each employee, agent, or consignee who engages in such activity.
(b) Definitions. For the purpose of this article, the following definitions shall apply:
Transient Vendor. Is defined to mean and include a person, or the agent, consignee or employee of a person, who within the city, engages in the temporary business of exhibiting, delivering, selling, or offering for sale any goods and/or services or exhibiting brochures, sales literature or price lists for the purpose of taking orders for the sale of goods and/or services, and who has no fixed place of business within the city that is used, occupied, hired, rented or leased for a period of at least one month for the purpose of operating or conducting such business thereon.
Itinerant Merchant. Is defined to mean and include a person, or the agent, consignee, or employee of a person who moves stocks of goods or samples of goods into the city for the purpose of selling or offering for sale, or taking orders for the sale of such goods and/or services with the intention of removing such samples or the unsold portion of such goods away from the city before the expiration of one (1) month, and who has no fixed place of business within the city for which definite arrangements have been made for the use, occupancy, hire, rental or lease of such place for a term of at least one (1) month.
Peddler. Is defined to mean and include a person, or agent, consignee, or employee of a person who carries goods and/or services upon a truck or other vehicle on the streets of the city for the purpose of exhibiting, selling or offering for sale such goods and/or services from such truck or other vehicle, or who within the city, goes from door to door of residences, offices or places of business to display, sell, offer for sale, or take orders for the sale of goods and/or services, or to exhibit brochures, sales literature, or price lists for the purpose of taking orders for the sale of goods and/or services or who within the city, exhibits, sells, offers for sale or takes orders for the sale of goods and/or services from a vacant lot, parking lot, tent, boat, storage bin, stall or unenclosed structure.
Commercial Traveler. Is defined to mean a person who is employed by or who represents a manufacturer, wholesaler or importer who sells or exhibits goods to parties who engage in the business of purchasing such goods for the purpose of resale to the general public, or who provides services.
Goods. Is defined to mean and include tangible chattels of every kind and character and includes any required services associated with such goods.
Person. Is defined to mean an individual natural person and does not include any corporation, firm, association, partnership or joint venture.
This section does apply to transient vendors, itinerant merchants and peddlers involved in interstate commerce, as the council finds the license procedure and fee does not unduly burden interstate commerce.
Service or Services. Is defined to mean:
(1) A system or arrangement that performs work or offers a service for customers;
(2) The serving of goods;
(3) To maintain or repair;
(4) Services shall include, but not be limited to:
(A) Wireless communications;
(B) Repairs or improvements on homes, businesses or other real property;
(C) Activities involving manual or skilled labor.
(c) Exceptions. This article shall not apply to any of the following:
(1) Commercial travelers.
(2) Sales or exhibits at fairs, rodeos, conventions or events sponsored by one or more city civic organization, school, church or the Chamber of Commerce.
(3) Charitable solicitation.
Sec. 4.402 Application for License
(a) Contents of Application. Application for a license required hereunder shall be made in person by the persons requesting such license upon forms available in the office of the city secretary or her designated representative. Such application form shall provide a space for the following information which must be furnished by the applicant:
(1) The name, current residence and business address, current residence and business telephone number of applicant. If applicable, the local address and telephone number where applicant may be reached.
(2) The social security number and birth date of the applicant, valid driver’s license number, expiration date and state issuing it.
(3) A physical description of the applicant which includes race, sex, height, weight, hair and eye color.
(4) A valid state driver’s license. Only non-drivers may submit other positive identification issued to the applicant by a governmental agency and the state issuing it (i.e. state ID card or birth certificate).
(5) A description of the goods to be sold, including brand name, if any, or services to be provided. If the goods are to be shipped, the name, address and telephone number of the manufacturing location and/or shipping location.
(6) The address of the location from which such goods and/or services shall be displayed to the public or offered for sale, or a statement that applicant will travel from door to door for the purpose of exhibiting or offering goods or services for sale.
(7) If the goods and/or services to be sold are transported in or are displayed or offered from a vehicle, the vehicle owner’s name, address and telephone number, and the vehicle make, model, color, description, identification number and license number.
(Ordinance 2001-13 adopted 4/19/01)
(8) Statement that applicant has not been convicted within the last five (5) years of an offense:
(i) Involving narcotics, dangerous drugs, or crimes with dangerous weapons;
(ii) Involving the use of force and violence upon the person of another when the offense is designated as a felony in the state;
(iii) Of fraud, misrepresentation, embezzlement, forgery, or theft when such offense is designated as a felony in the state;
(iv) In a court of proper jurisdiction of violating this article at any time.
(Ordinance 2003-07 adopted 4/17/03)
(b) Applicant Swears to Truth of Information. Each person making application for a license required hereunder shall swear or affirm that the information given on the application form is true and correct.
(c) Other Documents Attached to Application.
(1) Permit From Land Owner. If applicant proposes to display goods or provide services to the public, or to offer such goods or services for sale from a designated location, such applicant’s application form shall be accompanied by a written permit signed by the owner or the duly authorized agent of the owner of the property at the location from which the applicant proposes to display or to offer for sale any goods or services. Such permit shall state that said owner consents that the applicant may use and occupy such property for the purpose of selling or offering for sale such goods or services.
(2) State Sales Tax Permit. If state statute requires that sales tax must be paid upon the purchase of such goods or services as the applicant proposes to offer for sale, the application for license shall be accompanied by a valid sales tax permit issued by the office of the comptroller of public accounts of the State of Texas.
(d) Official Approval Required.
(1) Security Check by Police. Each application for a license required hereunder shall be approved by the chief of police or his authorized representative before such license is granted. The chief of police shall have a reasonable time to conduct an investigation of an applicant for such license, but such an investigation shall not be longer than two (2) business days. After inspection or investigation, the chief of police shall either approve or disapprove the application for license and, if disapproved, shall give the applicant, upon request, a written statement setting forth the reasons for such disapproval and notifying said applicant of his right to appeal.
Sec. 4.403 Denial or Revocation of a License
(a) Grounds to Revoke or Deny. The city secretary or her designated representative may deny or revoke a license for a peddler, itinerant merchant or transient vendor for any of the following reasons:
(1) The applicant does not present a valid state driver’s license or, if allowed, other positive identification by a governmental agency;
(2) The applicant does not complete the application form and procedure;
(3) The applicant or the proposed activity of the applicant does not comply with applicable city ordinances and codes, including building codes and health codes, or county or state health laws;
(4) The applicant makes false or fraudulent statements on the application form;
(5) The applicant or licensee is found after investigation by the chief of police to be misrepresenting or making false statements in regard to his authority to sell such goods and/or services;
(Ordinance 2001-13 adopted 4/19/01)
(6) Within the last five (5) years the applicant or licensee has been convicted of an offense involving narcotics, dangerous drugs, or crimes with dangerous weapons;
(7) Within the last five (5) years the applicant or licensee has been convicted of an offense involving the use of force and violence upon the person of another when the offense is designated as a felony in the state;
(8) Within the last five (5) years the applicant or licensee has been convicted of an offense of fraud, misrepresentation, embezzlement, forgery, or theft when such offense is designated a felony in the state;
(9) Within the last five (5) years the applicant or licensee has been convicted in a court of proper jurisdiction of violating this article at any time;
(Ordinance 2003-07 adopted 4/17/03)
(10) Upon recommendation from the chief of police that the license be revoked because the conduct of the licensee or the manner in which the licensee is conducting his business operation endangers the health or safety of a citizen of the City of Seymour.
(b) Appeals From Decisions of City Secretary or Chief of Police.
(1) Written Notice of Appeal by Applicant. If the applicant for a license under this article or the holder of such a license is dissatisfied with any holding or finding of the city secretary or chief of police, he shall have the right to appeal to the city council by filing a written notice of such appeal with the city secretary within ten (10) days from the decision by the city secretary.
(2) Hearing by City Council. Upon the filing of such notice of appeal, the application for the permit and all papers possessed by the city secretary in connection with such application and such permit may be delivered to the city council and such matters as may be in controversy shall be heard by the council at its next regular meeting after the filing of the notice of appeal. The city council shall have the same powers and authority at such hearing on such appeal as is vested in the city secretary by this article.
Sec. 4.404 License
(a) License Content. A license issued under the provisions of this article shall contain the following:
(1) The name of the applicant and his address;
(2) A physical description of the applicant;
(3) The date the license was issued and the date it expires, with the signature of the city secretary;
(4) The location from which such person is licensed to conduct the business operation authorized by such license;
(5) The fact that the licensee is a peddler who is authorized to go from door to door of residences, offices or places of business to display, sell, offer for sale or take orders for the sale of goods and/or services or to exhibit brochures, sales literature or price lists of goods and/or services.
(b) License Records. The city secretary or her designated representative shall keep a record of each such license issued.
(c) License Fee and Duration.
(1) Fee. Any person who is required to obtain a license by the provisions of this article may apply for either a thirty (30) day license or a six (6) month license. When a thirty (30) day license is issued to any such person, such licensee shall pay to the city secretary or her designated representative, a license fee as provided for in the fee schedule found in the Appendix A of this code, which sum shall be used to defray part of the expense of administration and enforcement of this article. When a six (6) month license is issued to any such person, such licensee shall pay to the city secretary or her designated representative a license fee as provided for in the fee schedule found in the Appendix A of this code, which sum shall be used to defray part of the expense of administration and enforcement of this article.
(2) Duration. No license issued under the provisions of this article shall be issued for a longer period than six (6) months.
(d) Not Assignable. Such license shall not be assignable and shall not authorize more than one person to engage in the occupation of peddler, itinerant merchant or transient vendor within the city.
Sec. 4.405 Violations and Penalties
(a) Property Owner. Any property owner who knowingly allows his property to be used or occupied by a peddler or itinerant vendor who conducts thereon a business operation, or who exhibits or offers for sale goods or services without first obtaining a license as required by the provisions of this article shall be guilty of a misdemeanor.
(b) Hours and Places of Solicitations. All solicitations to private residences, including but not limited to homes, duplexes, mobile homes, rooming houses and apartments, shall occur between the hours of 9:00 a.m. and 8:00 p.m., unless otherwise posted by the private property owner or by someone with apparent authority to act for the owner. This regulation does not apply where the solicitor is on the property by express, prior invitation of the person residing on the premises.
(c) Unlawful Use of Streets and Sidewalks.
(1) Streets. No peddler or any other person, corporation, association or organization shall have or maintain in a stationary location any truck, trailer, booth or any other kind of structure on any public street or alley in the City of Seymour for the purpose of selling, exhibiting or soliciting orders for any goods, services, wares or merchandise, or cold drinks, hot drinks, or food, nor for the purpose of exhibiting any kind of exhibit.
(2) Sidewalks. It shall be unlawful for any person to sell or offer for sale any of the goods or services on the sidewalks of the City of Seymour unless such goods or services are offered for sale or sold by a person owning, occupying or controlling the premises adjoining or adjacent to the sidewalk, and then such goods or services shall be exposed and sold in the usual course of trade in accordance with all municipal laws of the city.
(3) Unlawful Parking on Streets. It shall be unlawful for any person to stop, stand or park any motor vehicle, truck trailer or vehicle of any kind on any public street or alley in the City of Seymour for the purpose of selling, exhibiting, or soliciting orders for any goods or services, wares, merchandise, cold drinks, hot drinks or food, for a period of longer than fifteen (15) minutes.
(d) License Mandatory Prior to Solicitation. It shall be unlawful for any person required by this article to secure a license to engage in the activities set forth in this article without a license.
(e) Trespass.
(1) It shall be unlawful for the holder of any license issued under this article to enter upon the land or premises of another after receiving, immediately before such entry, notice from the owner, resident, occupant or adult person acting for such person exercising possession that such entry is forbidden.
(2) A sign on the premises stating approximately “No Solicitors, Commercial or Charitable” or “No Solicitors Except for Non-Profit Organizations based in Baylor County, Texas” shall constitute notice.
(3) Further, it shall be unlawful for any such license holder to remain on the premises of another after receiving notice from the owner, resident, occupant or adult person acting for such person exercising possession, to depart such premises.
(f) Penalty.
(1) Misdemeanor. A violation shall constitute a misdemeanor and upon conviction thereof is punishable by a fine in accordance with the general penalty provision found in Section 1.106 of this code. Each day of violation constitutes a separate offense.
(2) A conviction for the violation of subsection (e) above shall result in the automatic revocation of such convicted person’s peddler’s and solicitor’s license.
(3) The police department for the City of Seymour shall enforce this section.
(Ordinance 2001-13 adopted 4/19/01)
ARTICLE 4.500 OIL REFINERIES
Sec. 4.501 Refinery Operation Offensive
The operation of a refinery of crude oil is a nauseous, offensive and unwholesome business.
Sec. 4.502 Refinery Defined; Unlawful to Construct or Operate
It shall be unlawful for any person, persons, firm or corporation to erect, construct and/or operate and/or maintain within the city limits an oil refinery. Within the meaning of this article an oil refinery is defined to be any structure or device in which and by the operation thereof crude oil is transformed or changed into different forms such as extracting gas or gasoline or kerosene or lubricating or fuel oils or other products from the crude oil.