(A) AUCTION HOUSE shall be a facility that the person or persons conducting such auction sale have a retail merchant certificate displayed for that business and collects state sales taxes at the location of the auction sale. Person or persons who have a retail merchant’s certificate displayed and collect state sales taxes shall be considered an auction house facility and not be in violation of this section.
(B) Auction houses that are in a permanent location with their own parking facilities with in the corporate limits of the town are exempted from this section.
(C) A permit is not required to have an auction sale within the corporate limits of the town. However, contacting the Town Marshal’s Department is required. Information to be provided to the Town Marshal’s Department is as follows:
(1) Marshal Department to be notified a minimum of one week prior to sale;
(2) Location;
(3) Date of auction sale; and
(4) Time of auction sale.
(D) A verbal waiver may be obtained from the Town Marshal’s Department to allow parking to block streets, roadways and alleyways in the immediate auction area. This waiver does not apply to U.S. 150. The auction house conducting the auction shall provide security personnel at the auction house expense (off duty law enforcement members from the county but preferably from the Town Marshal’s Department) to barricade streets, roadways or alleyways and direct traffic during the auction sale if this verbal waiver has been obtained.
(E) After passing of this section, the Town Clerk-Treasurer shall mail a copy of the signed Ord. 2010-T-055 (this section) to local auction houses.
(F) Enforcement of this section shall be pursuant to I.C. 36-1-6-3 or I.C. 36-1-6-4, or a successor statute if said statute is repealed.
(G) Any unlawful provision found in this section shall not effect the remaining provision.
(Ord. 2010-T-055, passed 8-30-2010)