5387ORDIIN�lIyCE N0 . s 3g%
AN ORDINANCE PROVIDING FOR THE REGULLTION AiQ LICENSING
OF CERTAIN PERSON'S, FIRMS AI'D CORPORATIONL ENGAGED CORPORATION: IN
DISTRIBUTING AND "SELLING l,T ' HOLESALI " AS DIEFINED HERE-
IN, FRUITS, VEGETABLES, AND /OR PRODUCE, AND OPERATING
AND /OR MAINTAINING ESTABLISHMENTS THEREFOR WITHIN THE
CORPORATE LIMITS OF THE CITY OF LITTLE ROCK, MAKING EX-
CEPTIONS AND EXEMPTIONS.. PROVIDING THE TI114E, MANNER AND
METHOD THEREOF, PROVIDING FOR THE INSPECTIONS' AND UPERVI-
SION OF SUCH PERSONS AND THEIR BUSINESSES, DEFINING
"WHOLESALE DEALERS" AND ESTABLISHMENTS, PROVIDING FOR
THE ISSUATICE, DISPLAY AND REVOCATION OF LICE' ?1:ES, P: -
CRIBINdG OFFw�N ES i,N?D PENALTIES, AND PROVIDING GENITERALLY
FOR THE ENFORCEIIE77 REOF, DECLARING AN E`LERGE L? AND
FOR OTH�IR PURPOSES
WHEREAS", fruits, vegetables, and /or produce are now being
sold at wholesale in the City of Little Rock which are inferior in
quality, unfit for human consumption, mixed in grade, sold as a
higher grade, and are sold in wholesale establishments which are
kept in unsanitary conditions, , which constantly endangers the health
of the people, and all of which requires strict supervision and in-
spection of such persons and their establishments, requiring and
necessitating the expenditure on the part of the City of Little Rock
of a large sum of money annually, and by. reason of which such persons
so regulated and inspected should be required to pay the expense
thereof; and,
`+HEREAS, by virtue of such condition now existing and the
lack of funds to properly carry out the purposes thereof, and in
order to protect the public health and welfare, to suppress disease,
unhealthy sanitary conditions and fraud, and to inspect and regulate
establishments where such fruits, vegetables, and /or produce are
kept, stored and sold, such dealers should be licensed and regulated;
"'o-w'. Therefore,
BE IT 0 1'),'T ED .3Y =iE CITY COU 'CIL OF T : 7 CITY OF LITTLE
ROCK, AHKANaSAS
SECTION 1. It shall be unlawful for any person, either for
himself, or as agent or representative of another, to maintain and/
or operate an establishment for the "Sale at 7holesale ", as herein
defined, of fruits, vegetables and /or produce within the corporate
limits of the pity of Little :-Lock, Arkansas, without first having
obtained a license therefor and displaying the same as provided
herein.
i
S
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'_:�LCTION 2. Every person before opening-, maintaining and /or
operatin`r- Such an establishment for the s- le -at wholesale of such
products in the ` ity of Little _:oc�, shall - ma. -:e a- ,.plication for a
license for each such establishment maintained and /or operated by
him, upon a blank to be furnished by the City of Little Rock on a
form prescribed by such officer, which shall include among other
things, the follo','�ing information and !.; rich shall be sli,orn to:
address, number of establishments to be maintained and operated,
nature of business, method of distribution to be used and no,+r used,
if any, whether it be selling direct from the storeroom, railroad
car, wagon, truck or other vehicle, or from a vacant lot, stand or
otheri;ise. ' he form for said application shall be substantially
as follows:
Application 'Nco.
CITY OF LITrL ROCK
DEP_�' RT " ".E!. OF P? 3LIC :':EALI
Application for per -.it by - ; ;holesale dealer in fruits, vege-
tables, and /or produce
In compliance with Ordinance "'o. of the City of i,ittle
Rock, and first being, duly sworn, I hereby mane application for li-
cense to `'sell at :r:holesale ", as defined in said ordinance, and maize
the follov;inb answers and statements in support of this application:
1.
.game : Telephone do.
Street or other address:
P. 0. Addres -- State County
2. dumber of establishments to be maintained (in(.-luding vehicles):
3. Location by street and number of such establishment:
4. If sales to be made from vehicles, then give license and motor
nu;aberEi of vehicles, anu. -a'tce of car or cars
5. I certify that the above vehicles are all owned and operated
exclusively by ;ale.
6. Nature of business to )e done:
7. '.'ethoc. of c,istri bation to be ,used under this license:
3. . i ve t'20 r"f rar�cc s anc: t -lair a.cc�resses to live uit�in ten
Kailas of : our ros .deuce :
9. State °.Iiet ier you i-ro-iv, or raise produce to be sold by you:
Applicant.
t
'T r '? ll� Lr )
CIF
Before )
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3efore ale, the undersic ned aut lorit7' -, on this cay personally
appeurec the above named applicant, , :10,
after having been by ma duly sworn, says on oath that the above and
fcregoinE answers and statements to the inquiries made are true and
correct.
subscribed and sworn to t ^pis the ca;yr of A.D.193
ru-lic, Pulaski county,
:ir:ia`ils3s
I? any st_:te lent ,_ C In t he application provided
for in -- ect:ion is Found to be false 07,- t-i;: Lty Collector any
licen:.e iss -ed )n suc: fal _'e state ie',it �: all b_; void an:, the appli-
cant shall iot .,e e_ititled tc) a ly ref and.
• 1J l_
4. J' on fili.i�, »id a_ ;)lic :tior., properly f illeu o:.t
the ;�irector of i u'olic iiealt. of the pity of of iock s?iail ma:e
w
or cause to be made an inspection of the establishment or establish -
ment2- for , :hich a license is desired, and if Ca:; h establi hment com-
plies with the oruin- lnce�_: of tale lity of ittle Ltoc ; - ,niita reference
to the operation of such establishment •.ithin the _ ity of :little
then t'.e Dir actor of i`ubli c Health shall mark or cause to be marked
on saica application his approval, and return said application to
the applicant to be ?.resented to the "i ty jollector, and upon the
payment of a license fee o Two Hundred ( ;200..00) Dollars for each
and every establishment sought to be maintained and /or operated,
(except as othcrriise provided in Section 6) the said City Collector }
^ll, accordiri --I, , iUs.:. a iolesalc fr'_it, vegatable anti /or pro-
duce license and receipt to the applicant, and which license shall
be non- transfera:;le and shall run for a period of one year from $--
'17EOI EM CR-
,�lst of each year provided, however, that the persons, firms and
corporations who are in business and subject to tae _provisions of
thi._- ordinance, or the effective date of t is ordinance, s_-iall be
charged said licensee an(' per�ait fee from saic date on an annual
basis.
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(a) "Person" as ioreln u;ed shall include corpor-
ations and. ot'l,�r a: soci =:.tio s an(' r)ersons.
(b)'r� .cord 'e t_�blis'::ment" s'_..11 ircla e any ��_ilwi
n ,
c-ar, v `_,: -:i :t lot, on, tr-_l ";, an., any oth =er convey-
ance or vonicle or -lace :,f --sere saic_ ppouuct:= are sold or offc.red for
Isale at wholesale.
( c) 113ale at or "Nell at tirlholesale" as used here-
in shall incl �;de any per son 47 1o, in the J 1; of Little :.oc!K,
1. -.dlls said prou..-tcts to retailers for re -sale or
sells t(I any person ogler than the ultiu late consumer.
2. ':;ho sells upon the public streets from any convey-
ance or instrumentality unaninv delivery at the time
of sale said products to retailers, cafes, restau-
rants, hotels or other persons other than the ulti-
mate consumer.
(d) 1`67holesale dealer' shall mean any per ---on required to be
licensee hereunder.
(e) "t'rod-.cts" shall mean frait:, ve&;et�ibles and /or rroduce,
6. 'he follo.; in" persons shall be required to secure
license upon proper proof having been .,rade on form prescribed by said
officer, eat itIin t: �, ,e s�-
�,�,1 to t��,� ,,wl� o�_�t no lien_ f:,t �.a 11 be r.,-
auired to oe paic,.:
(a) � " -ny _-erson sellin-; or offcrinc� for sale such product
raised, groivn, or ,roduced by iZim, within the state of ir,:ansas, where
same are sold or offered for sale by such - -erson hi self.
(b) Any person who sells or distributes such products only
to manufacturers, candlers, processors.
SECTIO 7. (a) Provisions of this ordinance shall be enfor -1
ced by the Director of Public Health and /or under his supervision
through the City Collector, together .'ith all other ordinances and
statutes regulating; the storing, distribution, purchase, sale and
handling of poultry, egs, fruits and vegetables.
Every while selling (b} fvery , Y�, holesale Dealer shall, g or offering
for sale at wholesale, such products, have his license and permit dis -I
played in a con.,:-,ricaous place in or on s is e-stablishment.
CTIU?., 8. (a) If any ,,;holosale dealer, whether required to
pay a fee or not, shall .,ell at Wholesale or offer to yell at ,ivhole-
I . . t
sale, any Lroduce, fruits, and /or vegetables, and shall fail to nave
displayed said license as required under trio provision hereof, or
(b) Shall sell at ,wholesale or offer to sell at ,,iholesale
any such products without having been issued a license; or
(c) Having been issued a- license as a wholesale dealer Wlt'h-
lout having paid a fee as provided in Section 4, shall sell any °such
products not raised, groan, or produced by him; or
(d) -,hall display the wrong license; or
(e) .hall violate any other provisions of this ordinance,.
shall be deemed guilty of a misdemeanor, and shall, upon conviction,
be fined not less than Twenty -five (;;25.00) Dollars and not more thane
Two Hundred (`-"200.00) Dollars, and each violation shall constitute a
separate offense.
w' C ^ION, 5. This ordinance shall be cumulative of :all ,other
ordinances on the subject or any phase hereof. If any section.or
(part of this ordinance shall be declared void, then such void sec -
tion or part shall not affect the remaining provisions hereof. This
is a police regulation, designed to supervise certain persons more
thoroughly, and to raise sufficient funds to pay only for such regu-
lation of those who are required to pay it.
;3HCTION 10. The fact that the City of Little Rock now has
no adequate regulation governing the licensing and regulating of per -
sons, firms, and corporations engaged in the buying and selling of
fruits, vegetables, and /or produce and other food products at wholesale
in the 'Jity of Little jock, and the further fact that it is of imper-
ative necessity for the protection of the public health, public safety
and for the preservation of public peace, creates an urgency and an
emergency requiring that this ordinance shall become effective immed
lately upon its passage, and it is accordingly so ordained.
Passed: �4 d1y 1936
A.tt est : Approved:
City Clerk. Mayor.