(A) (1) The words
TRANSIENT MERCHANT, when used in this section, shall include all persons, firms, and corporations, both as principals and agents, who engage in, do, or transact any temporary or transient business within the corporate limits of the Town of Chandler, Indiana, by offering for sale or selling goods, wares, or merchandise, and those who, for the purpose of carrying on such business, shall hire, lease or occupy any building, structure or real estate or shall utilize any motor or otherwise mobile vehicle or conveyance for the transaction of such business.
(2) The term
TRANSIENT MERCHANT as used in this section shall not include:
(a) Any person, individual, co-partner, or corporation which grows the goods, wares or merchandise that is sold or offered for sale;
(b) An auctioneer who is licensed by the State of Indiana;
(c) A person who has resided in the Town of Chandler, Indiana, for more than 6 months continuously immediately preceding the commission of any of the acts previously described in this section;
(d) Any person engaged in sanctioned activity of any school located in Warrick County; and
(e) Any person engaged in activity sanctioned by a duly organized church, charitable, civic or community improvement group having a location in Warrick County.
(B) Each transient merchant shall apply to the Clerk-Treasurer of the Town of Chandler, Indiana, for such license and shall furnish the following information:
(1) The person’s or entity's full name;
(2) The person’s or entity's permanent address and telephone number;
(3) The person’s or entity's local address and telephone number;
(4) A description of the goods, wares, merchandise or services to be sold;
(5) The name, address and telephone number of the employer of the person making such application, if such person is in the employ of another;
(6) The name, address and telephone number of the immediate supervisor of the person making such application; and
(7) The applicant's social security number or other federal tax identification number.
(C) (1) At the time of the filing of the application, the applicant shall also file and deposit with the Clerk-Treasurer a certificate of liability insurance covering any building or other real estate utilized by the applicant and/or a certificate of automobile liability insurance, if a mobile unit is to be utilized in the transaction of the applicant's business. In either event, providing minimum liability insurance coverage of not less than $100,000 per individual claimant and $300,000 for any occurrence.
(2) At the time of the filing of the application, the applicant shall also file and deposit with the Clerk-Treasurer a bond with sureties to be approved by the Clerk-Treasurer in the penal sum of $2,000 to be payable to the Town of Chandler, Indiana, and being for the protection of the public and conditioned upon the faithful performance of the applicant's obligation to the town.
(D) The applicant shall pay to the Clerk-Treasurer a license fee of $25 for each representative. Said license shall be valid for a period of 365 days from the date of issuance. No license shall be issued for longer than 1 year and no license shall be transferred from 1 person to another.
(E) Any mobile vehicle or other mobile conveyance utilized by a transient merchant for the transaction of business hereunder shall contain an emergency flasher, as approved by the Police Department, to adequately call attention to said vehicle to provide for the safety of those operating in and around said vehicle. In addition thereto, any such vehicle or conveyance utilized by a transient merchant herein shall be inspected for requisite safety equipment by the Police Department before utilization of said vehicle or conveyance.
(F) Upon the fulfillment of the requirements for issuance of a license, the Clerk-Treasurer shall issue over his or her signature and the town's seal, a license which shall contain the information required by division (B) of this section.
(G) The applicant shall carry the license on the applicant's person and shall display the license when requested to do so and shall surrender the license upon departure from the town or upon expiration, whichever occurs first.
(H) The surety bond required by this section shall remain in effect for not less than 3 months from the time the license herein shall have expired or until such time as said license shall be surrendered by the transient merchant to the Town of Chandler and, provided that all conditions of the surety bond have been faithfully performed, shall then be released by the Clerk-Treasurer.
(Ord. 1989-1, passed 2-27-1989; Am. Ord. 2008-4, passed 4-21-2008)