§ 115.04 EXEMPTIONS.
   This chapter shall not be applicable to:
   (A)   Persons selling goods pursuant to an order of process or a court of competent jurisdiction.
   (B)   Persons acting in accordance with their powers and duties as public officials.
   (C)   Any person selling or advertising for sale an item or items of personal property that is specifically named or described in the advertisement.
   (D)   Any publisher of a newspaper, magazine or other publication or other communications media which publishes or broadcasts anything in good faith without knowledge of its false, deceptive or misleading character or without knowledge that the provisions of this chapter have not been met.
   (E)   Any sale conducted by any legitimate business or commercial or industrial establishment on property zoned under the zoning regulations of the city with or without the protection of the nonconforming use section of the zoning laws, or any sale conducted by any other vendor or dealer when the sale is conducted in a properly zoned area and not otherwise prohibited by laws of the State of Indiana and ordinances of the city, including this chapter.
   (F)   Sales by a bona fide charitable, eleemosynary, educational, cultural or governmental institution, civic group, service club, religious or fraternal society or other tax-exempt organization; provided, however, that the burden of proof to establish the exemption under this division shall be on the organization or institution claiming such exemption.
   (G)   Any public auction having a duration of no more than two days and conducted by an auctioneer, licensed by the State of Indiana.
(Ord. 658, passed 8-25-14)