§ 110.01   SOLICITATIONS
   (A)   For the purpose of this Section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      1.   BUSINESS: The business carried on by any person who is an itinerant merchant, peddler, or solicitor as defined in this section.
      2.   CHARITY or CHARITABLE ORGANIZATION: An organization recognized by the Internal Revenue Service and/or Indiana Department of Revenue as a not-for-profit organization or a charity, including those exempted under 26 USC § 501.
      3.   FOOD VENDOR: A peddler engaged in the sale of food, who is required to be licensed by the Indiana State Department of Health or by the Newton County Health Department, pursuant to any federal, state, or local laws or codes, or who sells food from a cart, trailer, tent, stand, or other temporary structure or from a permanent structure for a period of thirty (30) days or less, but excludes the sale of commercially-packaged foods such as cookies, candies, popcorn, and the like, through door-to-door sales. This does not include a restaurant, convenience store, or other food service facility that operates a permanent business at a fixed location.
      4.   GOODS: Merchandise of any description whatsoever, and includes, but is not restricted to, wares and foodstuffs.
      5.   ITINERANT MERCHANT: Any person, whether as owner, agent, or consignee, who engages in a temporary business of selling goods within the Town and who, in the furtherance of such business, uses any building, structure, vehicle, or any place within the Town.
      6.   PEDDLER: (1) Any person, whether as owner, agent, or consignee, who engages in the business of selling goods within the Town and who, in the furtherance of such business, uses any building or structure that is not their own, or any vehicle, or any other place within the Town, on a sporadic, short term, seasonal or temporary basis; (2) Any person who travels from place to place or door-to-door, by any means carrying or offering goods for sale, or making sales, estimates, or quotes, or making deliveries; (3) Any person who, without traveling from place to place, sells or offers for sale, goods or services for sale from any public place or upon private property, excluding their own, within the Town; or (4) Any person who travels by any means from place to place, taking or attempting to take orders for sale of goods to be delivered in the future or for services to be performed in the future.
      7.   PEDDLE: To engaged in any of the conduct, defined above, which would render one a peddler.
      8.   SERVICE: The act of performing work or tasks for another in exchange for payment, donations, or other goods/service.
   (B)   No person, partnership or corporation shall solicit, peddle, sell or promote any good, item, merchandise, service or distribute advertising material, within the Town, whether for pay or voluntary donation, except in compliance with this Section. This prohibition shall include distributing handbills, flyers, or advertising by a Peddler.
   (C)   The requirement to obtain a license under this Section shall not apply to any of the following:
      1.   Any businesses who regularly visit pre-established customers at their residences, or who are invited onto a homeowner's premises (e.g., Culligan, Schwan's, etc.).
      2.   A person under the age of eighteen (18) years (“Juvenile”), engaged in conduct regulated by this Section for a charitable organization, is not required to obtain an individual permit, so long as an adult: (1) complies with all provisions of this Section, including obtaining a permit; (2) agrees to be responsible for the juvenile’s actions; (3) remains at all times within twenty-five (25) feet of the juvenile in an open and visible location; and (4) upon request, the juvenile identifies the adult to the requesting party.
      3.   A person, business, entity, or organization, which owns, leases, or rents at a building or structure, open to the public, within the Town, for a period of at least thirty (30) continuous days prior to engaging in the conduct regulated by this Section.
      4.   A federal, state, or local municipal police department, fire department, or municipality, or one acting on behalf of any of the aforementioned; a census taker; person seeking election to an office in which residents of the Town may vote or any person or entity, which the Town Council may deem as exempt on a case-by-case basis, are exempt from this Section.
   (D)   Limitations on Licenses
      1.   No license issued under this Section shall be transferable.
      2.    All licenses issued shall expire ninety (90) days after issuance.
      3.    No person may be issued a permit who has been convicted of a felony under: I.C. § 35-42 (Crimes Against a Person), I.C. § 35-42-2 (Burglary), I.C. § 35-42-3 (Robbery) or any crime under:
         a.   I.C. § 35-43-5-3 (Deception)
         b.   I.C. § 35-43-5-4 (Fraud)
         c.    I.C. § 35-43-5-4.3 (Card Skimming Device)
         d.   I.C. §35-43-5-15 (Fraudulent sales document manufacturing device)
         e.   I.C. § 35-43-5-15 (Making false sales document)
         f.   I.C. § 35-43-6 (Home Improvement Fraud)
   (E)   The following shall apply to any person or entity who engages in any business by or through a peddling place to place or door to door:
      1.   A person may not peddle in areas or premises within the Town in which “No Trespassing” or “No Soliciting” signs are posted;
      2.   Between the hours of 8:00 p.m. and 9:00 a.m., no Peddlers may engage in conduct regulated by this Section, whether place to place or door-to-door, but may continue to engage in such from a fixed location.
   (F)   Applications
      1.   An application shall be signed by the applicant if an individual, or a duly authorized officer or agent if an entity. Applications should be made on forms available in the office of the Clerk-Treasurer. The application shall state:
         a.   The name and address of the applicant;
         b.   The name of the individual having management authority or supervision of the applicant's business during the time that it is proposed to be carried on in the municipality:
            i.   The local address of such individual;
            ii.   The permanent address of such individuals;
            iii.   The capacity in which such individual will act;
         b.   The name and address of the person, if any, for whose purpose the business will be carried on, and, if a corporation, the state of incorporation, and the taxpayer identification number (EIN/SSN) of the applicant or party responsible for or exempt from, paying income taxes and collecting sales tax;
         c.   The time period or periods during which it is proposed to carry on applicant's business;
         d.   The nature, character, and quality of the goods to be offered for sale or delivered;
            i.   If goods, their invoice value and whether they are to be sold by sample as well as from stock;
            ii.   If goods, where and by whom such goods are manufactured or grown, and where such goods are at the time of application;
         e.   The nature of the advertising proposed to be done for the business;
         f.   Whether or not the applicant has been convicted of any crime or misdemeanor and, if so, the nature of each offense and the penalty assessed for each offense;
         g.   If other than an individual, proof the entity is registered with the Indiana Secretary of State;
         h.   If the business is a charitable organization, proof of such;
         i.   an unexpired government issued photo identification for each individual peddler (if a minor will be peddling, then that of the adult supervising the minor);
         j.   A description of any vehicle proposed to be used in the business, including its registration number, if any; and
         k.   If required by the Clerk-Treasurer, copies of all printed advertising proposed to be used in connection with the applicant's business.
   (G)   The Clerk-Treasurer shall have the authority to make a determination as to whether an applicant has complied with this Code and should be issued a permit. If a person is denied a permit, the applicant may appeal a denial to the Town Council.
   (H)   As a condition of receiving a permit, each peddler shall:
      1.   keep a copy of the permit issued by the Town and the peddler’s government issued photo ID on their person at all times in which the applicant or individual is doing business in the Town and provide upon request of any person being solicited or any law enforcement officer;
      2.   adhere to all federal, state, and local laws while doing business within the Town;
      3.   Be respectful and courteous to persons the peddler interacts with and at all times comply with all federal, state, and local laws;
      4.   Upon request to any person or entity who purchases the peddler’s goods and services, provide a receipt, bearing the taxpayer identification number, name, and address and copy of any contract signed;
      5.   A permit shall expire thirty (30) days after the date the activities will first commence.
   (I)   Food Vendors. Persons vending food shall be required to register at the Town Hall. At the time of registration, the food vendor shall comply with the following:
      1.   An application described in Section (F);
      2.   The application shall have attached to it proof of permits/licenses issued and required by the state and local health departments and the applicant shall comply with all applicable laws and codes.
      3.   The application shall have attached to it proof of commercial general liability insurance for food sales in an amount of at least $1,000,000.00, naming the Town as an additional insured. This provision is not applicable if the commodity being sold is a fruit, vegetable or nut, marketed in its natural and unprepared state, such as produce stands, farmer’s market, or the like, selling such items in a substantially unaltered condition from their natural state.
   (J)   Penalty, see § 10.99.
(Ordinance No. 2016-4, passed June 20, 2016)