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(A) Each transient merchant, or operator of a flea market, exhibition or festival, except those engaged in selling any alcoholic beverages during the time of a festival, and except for those operating a carnival during the time of a festival, shall pay to the Chief of Police or his/her agent for a permit, the sum of $250, and on the filing of the application and the payment of the permit fee as herein provided, the Chief of Police or his/her agent shall issue a transient merchant permit to do business as such at the place described in the application for a period of not less than 120 days. Any application for a permit must be filed five business days prior to the first day of operation by the transient merchant.
(B) All persons who apply for a transient merchant/carnival permit or a transient merchant/ alcohol permit shall pay to the Chief of Police or his/her agent for a permit a sum derived from the following rate schedule:
DAYS HOURS RATE
Sunday - Thursday Before 12:00 a.m. $500 per day
(1) If the permit holder intends to operate after 12:00 a.m. on any day Sunday through Thursday, the permit cost shall be an additional $300 for each hour of operation after 12:00 a.m.
DAYS HOURS RATE
Friday, Saturday and holidays Before 1:00 a.m. $1,000 per day
(2) If the permit holder intends to operate after 1:00 a.m. on any Friday, Saturday or holiday, the permit cost shall be an additional $500 for each hour of operation after 1:00 a.m.
(3) This payment is due at the time of filing of the transient merchant/alcohol permit and/or the transient merchant/carnival permit, and the permittee shall then be issued a transient merchant/alcohol permit to do business as such at the place described in the application. Any application for a permit must be filed 30 business days prior to the first day of operation by the transient merchant.
(C) A transient merchant desiring to sell alcoholic beverages and operate a carnival or carnival rides shall be required to obtain both a transient merchant/alcohol permit and a transient merchant/carnival permit.
(D) A transient merchant selling alcoholic beverages or operating a carnival or carnival rides shall be exempt from the requirement of purchasing a transient merchant/alcohol permit and/or a transient merchant/carnival permit if said merchant is in any of the following categories:
(1) Listed as the sole sponsor or partner in the sponsorship of a festival, or as a vendor licensed by a festival sponsor.
(2) An organization that is exempt from the Indiana Gross Retail Tax under IC 6-2.5-5-26 and/or is a not- for-profit organization, and presents upon demand, written proof of such exemption and/or status as a not-for- profit organization.
(3) Any individual, company or organization which receives a caterer's permit or temporary beer and wine permit for any event which will function no more than two days in any calendar week.
(Ord. G-4-15, passed 4-14-15)