(A) License required. No person, firm or corporation shall be engaged as a peddler, solicitor or transient merchant within the municipal limits without first obtaining a license pursuant to this subchapter.
(Prior Code, § 6:3:03)
(B) Exemptions.
(1) Any armed forces veteran, as defined by I.C. 25-25-2-1, upon proof of possessing the license described in I.C. 25-25-2-1, shall be permitted to vend, hawk and peddle goods, wares, fruits and merchandise within the town and is exempt from the requirement of any license, license fee or tax for doing so; provided, however, that, such armed forces veteran shall be subject to all other regulatory provisions of this subchapter.
(2) The provisions of this subchapter shall not apply to sales to dealers by commercial travelers, nor to sales by producers of farm or dairy products; however, any person who shall sell or offer to sell any farm or dairy products which were not actually raised or produced by him or her or by members of his or her immediate family or who shall not have an established place of business in the town shall be classed as an itinerant merchant.
(Prior Code, § 6:3:04)
(C) Application for license.
(1) Application for any license required by this subchapter shall be made in writing on forms furnished by the Clerk-Treasurer. No person shall make a known misrepresentation or false statement on an application. The application shall be filed with the Clerk-Treasurer and shall include:
(a) The applicant’s full name and present address, the length of residence at such address, the address of his or her business establishment and the exact nature of his or her business;
(b) Address of place of residence during the past three years if other than present address;
(c) The name or title of the proposed business, profession or occupation, if applicable;
(d) Age of applicant and physical description of the applicant;
(e) If the applicant is not the owner of the place in which the business is to be conducted, the name and address of the owner (this applies to transient merchant only);
(f) If the applicant is a partnership, corporation or other association, the names and addresses of all partners or principal officers;
(g) Name and address of the person, firm or corporation or association whom the applicant is employed by or represents; and the length of time of such employment or representation;
(h) Name and address of employer during the past three years if other than the present employer;
(i) Description sufficient for identification of the subject matter of the soliciting in which the applicant will engage;
(j) Period of time for which the license is desired;
(k) Has the applicant ever been convicted of a violation of a felony under the laws of Indiana or any other state or federal law of the United States;
(l) Names of magazines, journals or books published and/or offered for sale by applicant;
(m) Names of the three most recent communities where the applicant has solicited from house to house;
(n) Proposed method of operation;
(o) If the applicant is acting as an agent or employee, the name and address of the principal or employer;
(p) The attachment of a receipt from the Clerk-Treasurer showing the payment of the license fee;
(q) The kind of goods to be sold;
(r) Social Security number of applicant; and
(s) Signature of applicant.
(2) All statements made by the applicant upon the application or in connection therewith shall be under oath.
(Prior Code, § 6:3:05)
(D) Investigation of applicant. Upon receipt of an application for a license, the Clerk-Treasurer shall forward it to the Town Marshal who shall conduct an investigation concerning the truth of the facts stated in the application, the character of the applicant and the condition of the premises, if applicable, upon which the proposed licensed activity is to take place.
(Prior Code, § 6:3:06)
(E) Issuance of license; denial. Within 15 calendar days of his or her receipt of the application for a license, the Clerk-Treasurer shall approve the application for a license unless he or she finds that:
(1) The applicant has been convicted of a crime, if the crime is substantially related to the qualifications, functions or duties of the business, profession or occupation for which the license is to be issued;
(2) The applicant has committed any act involving dishonesty, fraud or deceit with intent to substantially benefit himself, herself or another, or substantially injure another;
(3) The applicant knowingly made a false statement of fact required to be revealed in the application for the license or in any amendment or report to be made thereunder; or
(4) Issuance of the license would be inconsistent with public health, safety or general welfare of the citizens.
(Prior Code, § 6:3:07)
(F) Duration of licenses. All licenses granted under this subchapter shall not exceed three months and may be renewed for an additional term not to exceed three months.
(Prior Code, § 6:3:08)
(G) Bond and license fees.
(1) The application shall be accompanied by a bond in the sum of $1,000 executed by a surety company or two responsible freeholders residing within the town (or in lieu thereof, a cash bond of equal amount) conditioned that all goods, wares, merchandise or articles sold by the applicant will be as represented by him or her and that he or she will refund the purchase price of any goods, wares or merchandise, or articles sold by him or her which are not as represented. Any person aggrieved may bring an action on the bond for the recovery of money or damages or both. In the event a cash bond is deposited, the same shall be retained by the town for 90 days after the expiration of any such license.
(2) (a) Upon the filing of such application and bond, the approval of such application and bond by the Clerk-Treasurer, a license shall be issued by the Clerk-Treasurer to the applicant to begin business and/or soliciting not less than seven days after the date of the filing of the application and bond, upon the payment of the following fees:
1. One day: $10;
2. One week: $20;
3. One month: $35; and
4. Three months: $60.
(b) All such license fees must be paid in advance and if any such licensee desires to continue in business after the expiration of such license, a renewal license must be secured in the same manner and upon the same terms as the original license.
(3) Any person exempted by the laws of the state from the payment of the license fees shall, before beginning the business, present to the Clerk-Treasurer his or her credentials, showing that he or she is entitled to the exemption, and shall execute and file a bond as above required, and upon approval of the bond by the Clerk-Treasurer, he or she shall then receive a certificate from the Clerk-Treasurer authorizing him or her to engage in the business of solicitor or itinerant merchant within the town for any period not longer than one year. If, at the end of such period, the person desires to continue in the business, another certificate must be procured from the Clerk-Treasurer.
(Prior Code, § 6:3:09)
(H) Suspension or revocation of license; notice; hearing. Licenses issued under this subchapter may be suspended or revoked by the President of the Town Council pursuant to the notice and hearing procedure set forth at I.C. 36-4-5-5. A license shall be revoked or suspended if there is finding that the person complained of has:
(1) Willfully violated a term or condition of his or her license;
(2) Committed fraud, misrepresentation or made false statements contained in the application for license;
(3) Willfully done or permitted to be done an act in violation of a statute or town ordinance relating to the business, profession or occupation licensed;
(4) Any fraud, misrepresentation or false statements made in connection with the selling or soliciting of orders for goods, wares, merchandise, magazines or services; or
(5) Conducted the licensed business, profession or occupation in such a manner as to constitute a threat to the public health, safety or general welfare.
(Prior Code, § 6:3:19)
(I) Denial of license; notice; hearing.
(1) Upon denial of a license under division (E) above, the Clerk-Treasurer shall give written notice of such action to the applicant by first class or certified mail, which notice shall state the reasons for the denial. Any applicant whose application is denied may, within ten days after the mailing of the above notice, request a hearing on such action before the Town Council. A hearing shall be scheduled within 30 days after the receipt of a request for a hearing, if no request for a hearing is made within the ten-day period, the decision of the Clerk-Treasurer shall be final.
(2) The hearing shall be held before the Town Council which may reverse, modify or affirm the action of the Clerk-Treasurer.
(Prior Code, § 6:3:20)
(Ord. 82-33, passed 2-2-1983; Ord. 82-54, passed 11-2-1983) Penalty, see § 111.99