§ 114.05 CERTAIN PERSONS OR ACTIVITIES EXEMPT FROM LICENSE REQUIREMENT.
   (A)   The requirements for a license under § 114.02 and payment of a fee under § 114.04 do not apply to the following described persons or selling activities:
      (1)   Sales by manufacturer's representatives or wholesale distributors to businesses, governmental entities, institutions and similar nonresidential establishments of merchandise for use or consumption in the course of such establishment's activities;
      (2)   Sales to dealers, for resale, by commercial travelers or selling agents or directly by the producers of the merchandise;
      (3)   Receivers appointed by a court in this state making sales for the benefit of creditors;
      (4)   Sales by public officers as authorized by law;
      (5)   Sales or activities conducted exclusively by or in support of a nonprofit charitable, educational, religious, scientific or civic organization, without benefit of private profit or gain by the person conducting the sale or activity;
      (6)   Selling, limited to goods, wares, fruits and other tangible merchandise, conducted by honorably discharged veterans of foreign wars exempt from municipal licensing requirements under I.C. 10-5-12-1 or I.C. 10-5-13-1; provided, however, that any person purportedly conducting business activities without a license under an exemption provided by this subsection shall have the burden of proof that his or her activities are bona fide and eligible for exemption hereunder and for such purpose shall be required to carry and show his or her military discharge papers or other verifying official document in lieu of a license as otherwise provided under § 114.06;
      (7)   Sale of newspapers, dairy products or similar commodities provided and delivered through a regularly established and direct route delivery system;
      (8)   Temporary or incidental sales by a person of his or her own real property or his or her own used or surplus personal property which was not originally acquired for purposes of resale;
      (9)   Sales conducted at a temporary location by a person otherwise maintaining a fixed and established place of business in the town;
      (10)   Sales or transactions in real property conducted by real estate brokers or salespersons licensed by the Indiana Real Estate Commission and exempt from municipal license requirements under I.C. 25-34.1-3-1;
      (11)   Public auctions conducted by a person duly licensed by the State of Indiana under I.C. 25-6.1-3;
      (12)   Any other selling activity for conduct of which a specific license is required by the State of Indiana or the United States and the person possesses the state or federal license;
      (13)   Sales solicitations conducted solely by mail, telephone or media advertising;
      (14)   Placement and operation of automatic vending machines; or
      (15)   Visiting a residence or business establishment by prior invitation or appointment arranged in any manner not requiring a license under this chapter for the purpose of selling or promoting merchandise.
   (B)   However, the fact that any person is exempt from the town license requirement under this section does not imply that the person is necessarily exempt from any county, state or federal license requirements which may also and incidentally apply to the person's activities.
(`86 Code, § 4-6-5) (Ord. 10, passed 1-2-39; Am. Ord. 86-C6, passed 7-15-86)