TITLE XI:  BUSINESS REGULATIONS
      Chapter
         110.   DIRECT SELLERS
         111.   TAXICABS
         112.   FIREWORKS AND HAZARDOUS OR COMBUSTIBLE MATERIAL
         113.   FOR-PROFIT PARTIES
CHAPTER 110:  DIRECT SELLERS
Section
   110.01   Registration required
   110.02   Definitions
   110.03   Exemptions
   110.04   Registration
   110.05   Additional information
   110.06   License
   110.07   Identification
   110.08   Investigation
   110.09   Appeal
   110.10   Regulations
   110.11   Disclosure requirements
   110.12   Records
   110.13   Revocation of registration
 
   110.99   Penalty
§ 110.01  REGISTRATION REQUIRED.
   It shall be unlawful for any direct seller to engage in direct sales within the town without being registered for that purpose as provided herein.
(Ord. 7-2011, passed 10-3-11)
§ 110.02  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   CHARITABLE ORGANIZATION. Includes any benevolent, philanthropic, patriotic or eleemosynary person, partnership, association or corporation or one purporting to be such.
   DIRECT SELLER. Any individual who, for himself or herself, or for a partnership, association or corporation, sells goods or takes sale orders for the later delivery of goods, at any location other than the
permanent business place or residence of said individual, partnership, association or corporation, and shall include but not be limited to, peddlers, solicitors and transient merchants. The sale of goods includes donations required by the direct seller for the retention of goods by a donor or prospective customer.
   GOODS. Includes personal property of any kind and shall include GOODS provided incidental to services offered or sold.
   PERMANENT MERCHANT. A direct seller who, for at least one year prior to the consideration of the application of this chapter to said merchants, has continuously operated an established place of business in this town or has continuously resided in this town and now does business from his or her residence.
(Ord. 7-2011, passed 10-3-11)
§ 110.03  EXEMPTIONS.
   The following shall be exempt from all provisions of this chapter:
   (A)   Any person delivering newspapers, fuel, dairy products or bakery goods to regular customers on established routes;
   (B)   Any person selling goods at wholesale to dealers in such goods;
   (C)   Any person selling agricultural products which such person has grown or produced in the town and is being sold by a resident of the town;
   (D)   A permanent merchant or employee thereof who takes orders away from the established place of business for goods regularly offered for sale by such merchant within the town and who delivers such goods in their regular course of business;
   (E)   Any person who has an established place of business where the goods being sold are offered for sale on a regular basis and in which the buyer has initiated contact with, and specifically requested a home visit by, said person;
   (F)   Any person who has had, or one who represents a company which has had, a prior business transaction, such as a prior sale or credit arrangement, with the prospective customer;
   (G)   Any person holding a sale required by statute or by order of any court and any person conducting a bona fide auction sale pursuant to law; and
   (H)   Any employee, officer or agent of a federally recognized charitable organization.
(Ord. 7-2011, passed 10-3-11)
§ 110.04  REGISTRATION.
   Applicants for registration must complete and return to the Danville Police Department, at least three days before such applicant shall be authorized to do business, a registration form furnished by the Danville Police Department which shall require the following information:
   (A)   Name, permanent address, telephone number and temporary address, if any;
   (B)   Age, height, weight, color of hair and eyes;
   (C)   Name, address and telephone number of the person, firm, association or corporation that the direct seller represents or is employed by, or whose merchandise is being sold;
   (D)   Nature of business to be conducted and a brief description of the goods offered and any services offered;
   (E)   Proposed method of delivery of goods, if applicable;
   (F)   Make, model and license number of any vehicle to be used by applicant in the conduct of his or her business;
   (G)   The last three previous cities, villages, and/or towns where the applicant conducted similar business;
   (H)   Place where applicant can be contacted for at least seven days after leaving the town;
   (I)   Statement as to whether the applicant has been convicted of any crime or ordinance violation related to applicant's transient merchant business within the last five years, as well as the nature of the offense and the place of conviction;
   (J)   Such application shall be accompanied by a bond in the sum of $250 executed by the surety company, or by two responsible freeholders residing within Hendricks County, or a cash bond of equal amount, said bond conditioned that all goods, wares, merchandise or articles sold by such applicant will be as represented by him and he will refund the purchase price of any goods, wares, merchandise or articles sold by him which are not as represented; and
   (K)   Any person aggrieved by the action of a licensed direct seller hereunder shall have a right of action on the bond or other surety 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 Clerk-Treasurer's office for 60 days after the expiration of any license issued upon said bond or surety.
(Ord. 7-2011, passed 10-3-11)
§ 110.05  ADDITIONAL INFORMATION.
   Each applicant shall present to the Danville Police Department for examination:
   (A)   A driver's license or some other proof of identity as may be reasonably required, a state certificate of examination and approval from the sealer of weights and measures where applicant's business requires use of weighing and measuring devices approved by state authorities.
   (B)   A state health officer's certificate where applicant's business involves the handling of food or clothing and is required to be certified under state law. Such certificate is to state that applicant is apparently free from any contagious or infectious disease, dated not more than 90 days prior to the date the application for license is made.
(Ord. 7-2011, passed 10-3-11)
§ 110.06  LICENSE.
   (A)   At the time the registration and surety are returned and the bond approved by the Danville Police Department, a license shall be issued by the Danville Police Department to such applicant to begin business not less than three days after the date of filing such application and bond, upon payment of the following fees:
 
Duration
Fee
One day
$20
One week
$50
One month
$100
 
   (B)   Upon payment of said fee, the Danville Police shall register the applicant as a direct seller and date the entry and issue the license. If any such licensee desires to continue in business after the expiration of such license, a new license must be secured in the same manner and upon the same terms as the original license, subject to subsequent refusal as provided in § 110.08. Said funds shall be deposited in a fund so designated for the benefit of the Danville Police Department for reimbursement of expenses incurred.
(Ord. 7-2011, passed 10-3-11)
§ 110.07  IDENTIFICATION.
   Each such person or entity to receive a permit shall have on their person an identification card displaying their name and the organization they represent.
(Ord. 7-2011, passed 10-3-11)
§ 110.08  INVESTIGATION.
   (A)   Upon receipt of each application, the Danville Police Department may make and complete an investigation of the statements made in such registration.
   (B)   The Danville Police Department shall refuse to register the applicant if it is determined pursuant to the investigation above, that:
      (1)   The application contains any material omission or materially inaccurate statement;
      (2)   Complaints of a material nature have been received and proven against the applicant by authorities in the three previous cities, villages and towns, in which the applicant conducted similar business;
      (3)   The applicant was convicted of a crime, statutory violation or ordinance violation within the last five years, the nature of which is directly related to the applicant's fitness to engage in direct selling; or
      (4)   The applicant failed to comply with any applicable provision of § 110.04.
(Ord. 7-2011, passed 10-3-11)
§ 110.09  APPEAL.
   Any person denied registration may appeal the denial through the appeal procedure provided by the ordinance or resolution to the Town Council.
(Ord. 7-2011, passed 10-3-11)
§ 110.10  REGULATIONS.
   The following regulations shall govern the conduct of registrants hereunder:
   (A)   It shall be unlawful for any direct seller to:
      (1)   Call at any dwelling or other place between the hours of 7:00 p.m. and 9:00 a.m. except by appointment;
      (2)   Call at any dwelling or other place where a sign is displayed bearing the wording "No Peddlers", "No Solicitors", or words of similar meaning;
      (3)   Call at the rear door of any place or dwelling; or
      (4)   Remain on the premises after being asked to leave by the owner, occupant or other person having authority over such premises.
   (B)   It shall be unlawful for a direct seller to misrepresent or make false, deceptive or misleading statements concerning the quality, quantity or character of any goods offered for sale, the purpose of his or her visit, his or her identity or the identity of the organization he or she represents. A charitable organization direct seller shall specifically disclose what portion of the sale price of goods being offered will actually be used for the charitable purpose for which the organization is soliciting. Said portion shall be expressed as a percentage of the sale price of the goods.
   (C)   It shall be unlawful for any direct seller to impede the free use of sidewalks and streets by pedestrians and vehicles. Where the sales are made from vehicles, all traffic and parking regulations shall be observed.
   (D)   It shall be unlawful for any direct seller to make any loud noises or use any sound amplifying device to attract customers if the noise produced is capable of being plainly heard outside a 100-foot radius or more.
   (E)   It shall be unlawful for any direct seller to allow rubbish or litter to accumulate in or around the area in which he or she is conducting business.
(Ord. 7-2011, passed 10-3-11)
§ 110.11  DISCLOSURE REQUIREMENTS.
   The following requirements shall govern the conduct of registrants:
   (A)   After the initial greeting and before any other statement is made to a prospective customer, a direct seller shall expressly disclose his or her name, the name of the company or organization he or she is affiliated with, if any, and the identity of goods or services he or she offers to sell.
   (B)   If any sales of goods is made by a direct seller, or any sales order for the later delivery of goods is taken by the seller, the buyer shall have the right to cancel said transaction if it involves the extension of credit or is a cash transaction of more than $25.
   (C)   If the direct seller takes a sales order for the later delivery of goods, he or she shall, at the time the order is taken, provide the buyer with a written statement containing the terms of the agreement, the amount paid in advance whether full, partial or no advance payment is made, the name, address and telephone number of the seller, the delivery performance date and whether a guarantee or warranty is provided and, if so, the terms thereof.
(Ord. 7-2011, passed 10-3-11)
§ 110.12  RECORDS.
   The Danville Police Department shall keep record of all violations pertaining to this chapter. The Chief of Police shall report to the Town Council all convictions for violations of this chapter and shall note any such violation on the record of the registrant convicted.
(Ord. 7-2011, passed 10-3-11)
§ 110.13  REVOCATION OF REGISTRATION.
   The registration of a direct seller may be revoked by the Danville Police Department for any violation of this chapter.
(Ord. 7-2011, passed 10-3-11)
§ 110.99  PENALTY.
   Any person, firm of corporation violating this chapter shall be fined not less than $5 nor more than $100 for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
(Ord. 7-2011, passed 10-3-11)