Sec. 16-277. - License required.
Sec. 16-278. - Application for license, information, oath.
Sec. 16-279. - Separate license and application for each establishment.
Sec. 16-280. - Information to be shown on face of license; posting.
Sec. 16-282. - Licenses valid only at address stated; changing location of business.
Sec. 16-283. - Bond required; amount; conditions, etc.
Sec. 16-284. - When new or additional bond required.
Sec. 16-286. - Disposition of fees and collections.
Sec. 16-287. - Records to be kept; information to be shown.
Sec. 16-288. - Revocation of license; notice, hearing, grounds.
Sec. 16-289. - Second or additional license not to be issued within one year after revocation.
Sec. 16-290. - Motorbus companies and motorbus ticket brokers excluded.
For the purposes of this article, the term "travel bureau" shall mean any person engaging in or carrying on the business of bringing persons together or putting them in communication with each other for the purpose of or to the end that such persons may contract or agree between themselves to travel from one place to another place in an automobile or other vehicle in the possession or under the control of one of the persons on an expense-sharing basis.
(Ord. No. 19004, § 1, 4-30-53: Code 1959, § 39-1)
Sec. 16-277. - License required.
It shall be unlawful for any person, either as principal or as agent or representative of another, to engage in the business of operating a travel bureau, or to advertise or hold himself out as operating a travel bureau, within the city, without having first obtained a license therefor.
(Ord. No. 19004. § 4-30-53; Code 1959, § 39-2)
Sec. 16-278. - Application for license, information, oath.
Every person before opening, maintaining or operating a travel bureau in the city shall make an application for a license for each such place of business maintained or operated by him upon a blank to be furnished by the tax assessor-collector on a form prescribed by such officer which shall include, among other things, the name and address of the applicant, both residence and place of business, including the street number, and, if the applicant is a partnership or association, of every member thereof, and, if a corporation, of each officer or director thereof; also the name under which the business is to be conducted. The application for license shall be sworn to by the applicant.
(Ord. No. 19004, § 3, 4-30-53; Code 1959, § 39-3)
Sec. 16-279. - Separate license and application for each establishment.
A separate license and application shall be required for each establishment, office or place of business conducting the business of operating a travel bureau regardless of the ownership thereof.
(Ord. No. 19004, § 4, 4-30-53; Code 1959, § 39-4)
Sec. 16-280. - Information to be shown on face of license; posting.
The license required by section 16-227 shall state the address at which the business is to be conducted and the name under which the business is to be conducted. Such license shall be kept conspicuously posted at the place of business of the licensee where it may be readily available for inspection by the public.
(Ord. No. 19004, § 5, 4-30-53; Code 1959, § 39-5)
Licenses issued under the provisions of this chapter shall not be transferable or assignable, but shall be valid only for the use of the licensee named therein. No licensee shall maintain more than one (1) place of business under the same license. The tax collector, however, may issue more than one (1) license to the same licensee upon compliance with all the provisions of this chapter governing the original issuance of a license or each new license.
(Ord. No. 19004, § 6, 4-30-53; Code 1959, § 39-6)
Sec. 16-282. - Licenses valid only at address stated; changing location of business.
Licenses issued under the provisions of this article shall be valid only at the address stated in the license; provided, however, should a licensee desire to change his place of business to another location, he shall give written notice thereof to the tax assessor-collector, who shall attach to the license, in writing, his record of the change and the date thereof, which shall be authority for the operation of such business under such license at such new location.
(Ord. No. 19004, § 7, 4-30-53; Code 1959, § 39-7)
Sec. 16-283. - Bond required; amount; conditions, etc.
Before any license shall be issued as provided by this article, the applicant shall furnish in writing a good and sufficient bond in the sum of one thousand dollars ($1,000.00) to be approved by the city attorney. Such bond shall be conditioned that the holder of the license shall well and truly pay to the mayor or his successors in office, any final judgment that may be rendered against such licensee not to exceed the amount of the bond, for the benefit of every person who may recover a final judgment against the licensee, arising and growing out of any material false or fraudulent representation of the licensee, his agents, servants or employees concerning transportation to be furnished or the person furnishing such transportation in connection with the conduct of the business licensed under this article; and further conditioned, that any person having a cause of action against the obligor of such bond arising and growing out of the conduct of the business licensed under this article may sue in his own name and recover on such bond without the joinder of the city or the mayor therein; and further conditioned, that such person may sue and recover upon such bond from time to time until the full amount is exhausted.
(Ord. No. 19004, § 8, 4-30-53; Code 1959, § 39-8)
Sec. 16-284. - When new or additional bond required.
Whenever recovery has been had on the bond required by section 16-283 so that the same is depleted or exhausted, the licensee shall immediately file a new or additional bond as provided in section 16-283 for the original bond so as to maintain at all times a good and sufficient bond in the full amount of one thousand dollars ($1,000.00).
(Ord. No. 19004, § 9, 4-30-53; Code 1959, § 39-9)
After having filed the application as required by section 16-278 and bond as required by section 16-283 with the city clerk and secured the license as herein provided for the licensee shall pay to the tax assessor-collector the sum of twenty-five dollars ($25.00) as an annual license fee.
(Ord. No. 19004, § 10, 4-30-53; Code 1959, § 39-10)
Sec. 16-286. - Disposition of fees and collections.
All fees and collections under this chapter shall be paid to the city tax assessor-collector and be by him paid into the general fund of the city to be used for the purpose of defraying the expenses of enforcement and supervision of this article.
(Ord. No. 19004, § 11, 4-30-53; Code 1959, § 39-11)
Sec. 16-287. - Records to be kept; information to be shown.
Each licensee under the provisions of this article shall keep a complete set of records in duplicate showing a list of each person who shall apply to him as the owner or operator of a vehicle desiring to secure persons to travel from one point to another with such owner or operator of such vehicle on an expense-sharing basis, and showing the name of every person making application and the date and hour of the application to such licensee desiring to be put into communication with the owner or operator of a vehicle for the purpose of arranging to travel from one place to another with the owner or operator of such vehicle on an expense-sharing basis. The records shall show the name and address of each such person and if such person is offering to transport persons from one point to another upon an expense-sharing basis, then such records shall show fully the make, year, model, license number, motor number and ownership of any automobile or vehicle proposed to be used in that connection, and shall show fully any remuneration, commission or compensation paid to the licensee hereunder, by whom paid and for what service such remuneration was paid, shall show the point where such travel is to originate and the point where it is to terminate, and shall show, if the licensee is in possession of the information, the charge made for the transportation of the amount of expense borne by each party thereto. The records shall further show clearly the name of each person which the licensee may bring together with any other person for the purpose of contracting to travel on an expense-sharing basis and the date and hour when such persons were brought together. The record shall also show the name of the person making the record. Each transaction described hereinabove shall constitute a separate transaction. The failure on the part of any licensee to keep the required records of each transaction shall constitute a separate offense. Such records shall at all reasonable times during business hours be subject to inspection by the tax collector and his duly authorized agents.
(Ord. No. 19004, § 12, 4-30-53; Code 1959, § 39-12)
Sec. 16-288. - Revocation of license; notice, hearing, grounds.
Any license granted under the provisions of this article shall be subject to revocation by the city council after due notice to the holder of such license and hearing thereon, upon proof of the violation of any of the provisions of this article.
(Ord. No. 19004, § 13, 4-30-53; Code 1959, § 39-13)
Sec. 16-289. - Second or additional license not to be issued within one year after revocation.
In the event the license of any person issued under the provisions of this article shall be revoked by the city council, as provided in section 16-288, no second or additional license shall be issued to such person within one year of the date such license was revoked.
(Ord No. 19004, § 14, 4-30-53; Code 1959, § 39-14)
Sec. 16-290. - Motorbus companies and motorbus ticket brokers excluded.
This article shall not apply to any person doing business under and as permitted by the laws of this state relating to motorbus companies or motorbus ticket brokers. (Ord. No. 19004, § 15, 4-30-53; Code 1959, § 39-15)
FOOTNOTE(S):
(73) State Law reference— Authority to regulate, Vernon's Ann. Civ. St. art. 1175(24). (Back)