§ 123.18  TERMS AND CONDITIONS.
   Any license issued under this chapter shall remain valid only upon the following terms and conditions.  Noncompliance with these terms shall be unlawful and shall constitute a violation of this chapter.
   (A)   Transfer.  No license issued under this chapter shall be transferable or assignable nor shall it apply to any public garage other than that for which it was issued.
   (B)   Display.  Any license issued shall be conspicuously displayed in or upon the public garage for which it was issued.
   (C)   Access to premises by city.  No part of the premises operated as a public garage shall be made inaccessible to proper representatives of the city, such as the Chief of Police, Code Enforcement Officer, Building Department, Fire or Health Inspectors, whenever anyone is at or upon the premises performing work of any kind or description.
   (D)   Supplemental applications.  A supplemental application shall be filed with the City Controller and reviewed by the Board of Public Works and Safety whenever there are any changes, additions or deletions in the information stated on an application originally filed upon which a license was issued.  The Board of Public Works and Safety may treat the supplemental application as though it were originally filed and shall follow the procedure prescribed in this chapter.  The Board may then reaffirm the issuance of the license, or if the facts presented would have resulted in denial of a license in the first instance, the Board may revoke the supplemental application.
   (E)   Records.  A record shall be kept at every public garage pertaining to motor vehicles which shall show the following information.  These record-keeping requirements shall commence upon the issuance of a license and continue thereafter.  However, these records and documents may be disposed of when they apply to transactions which occurred within the past 3 years or more, unless otherwise required.
      (1)   Inventory on hand;
      (2)   All purchases or other receipts, from whom received, amount paid, if any, and a description of what was received, including, but not limited to, descriptive name, brand or trade name, identification number, serial number, manufacturer and similar information, and when the purchases were received;
      (3)   All sales or other dispositions to whom sold, given or transferred; amount received, if any; and a description of what was sold, given or transferred;
      (4)   All work performed, by whom, for whom, and when; a description of the motor vehicle, including any identification number, upon which work was performed; and a description of the work performed; and
      (5)   All supporting documents for the records, such as receipts, bills, vouchers, cancelled checks, invoices, bills of sale, statements and other documents.
   (F)   Availability of premises for inspection.  The premises, records, inventory and documents shall be available and open to inspection by the Chief of Police or any officer at any time during any day or hour the public garage is in operation.  For the purposes of inspection as referred to in this section, the public garage shall be deemed to be in operation whenever anyone is at or upon the premises performing any work of any kind or description.
   (G)   Name and license sign to be displayed.  A lawful and proper sign shall be posted and maintained in or on the premises of a public garage, which shall be visible to the public view, and which shall indicate the name by which the public garage will be known or designated and under which it is licensed.
   (H)   Insurance.  Each public garage shall have public liability and property damage coverage insurance in an amount not less than that provided in I.C. 9-10-2-11.
   (I)   Reporting of suspicious persons and activities. Any person operating or working at or for a public garage shall promptly report to the Police Department any suspicious persons, motor vehicles or activities which may involve or be involved in criminal violations.
   (J)   Reporting sale of vehicle.  Any public garage buying, selling, trading, bartering, auctioning, transferring or otherwise disposing of or acquiring any automobile, motorcycle or truck, or certificate of title thereto, shall promptly report the transaction to the Police Department, not later than 7 days after the transaction occurs, upon forms provided and obtained from the Police Department.  The forms shall substantially require, but not be limited to the following types of information.
      (1)   Sufficient information to identify the public garage and person submitting the required information;
      (2)   Sufficient information to describe the vehicle involved;
      (3)   Sufficient information to provide details of the acquisition, buying, receiving or obtaining, of the vehicle involved or title thereto;
      (4)   Sufficient information to provide details of the disposition, selling, giving or transferring of the vehicle involved or title thereto.  The forms shall be promptly prepared and submitted whenever a vehicle or title is acquired, and also whenever an acquired vehicle or title is disposed of.  These forms shall be prepared in triplicate, two of which (the original and a copy) shall be sent by U.S. mail with sufficient postage to the Police Department.  The Police Department shall appropriately stamp the forms, upon receipt, indicating the time and date received, and shall return 1 copy of the stamped forms by U.S. mail to the submitting public garage for its records, so that it may have evidence to show compliance with this reporting requirement.
         (a)   It shall be the duty of the public garage to make inquiry of the Police Department if it does not receive a stamped copy within 7 days of submission.  In the event the submitted forms are lost or cannot be found, the public garage shall appear personally before an authorized representative at the Police Department who will stamp the retained third copy for the public garage records and make a photostatic copy for the department’s records.
         (b)   Franchised new car dealers are, however, exempted from the requirements of submitting the forms referred to in this section, with regard to sale, purchase or conveyance of untitled new cars or purchase or acquisition of used cars as a trade-in on the new cars.
   (K)   Term and renewal.  Any license issued under this chapter shall only be valid for a period of 1 year from the date of its issuance.  At least 60 days prior to the expiration of a current license, a new application must be submitted, as provided in this section, if the applicant wants a new license to continue a public garage.  If a new license is granted, it shall be dated to commence upon the expiration date of the preceding license.
(Prior Code, § 123.13)  (Ord. 3803, passed 2-14-1972; Am. Ord. 8594, passed 8-24-2004)  Penalty, see § 10.99