(A) Before any registration certificate is issued, as provided for by this chapter, shall be issued, a surety and/or cash bond shall be filed by the applicant with the County Auditor, payable to the city in the sum of $500 ensuring that should the applicant and/or his or her agents and/or employees not comply fully with all the provisions of this code, other ordinances of the county and the statutes of the State of Indiana regulating and concerning the sale of goods, wares and merchandise and the business of a transient merchant, peddler or solicitor, whichever shall be applicable and will pay all judgments rendered against the applicant, the surety shall pay all judgments rendered against the applicant and/or his or her agents and/or employees for any violation of the above ordinances, statutes or regulations, together with any and all judgments, court costs and attorney fees, that may be recovered by any person for damage growing out of any misrepresentations, deception or violation of the aforementioned statutes, regulations ordinances associated with the sale or the vendor’s product, or through advertisement of any character whatsoever printed, or through advertisement of any character whatsoever printed or circulated in reference to the goods, wares and merchandise sold or any part thereof or service to be rendered by the vendor.
(B) Separate bonds need not to be executed by each employee or agent, but one bond may cover all the employees of one employer or all of the agents of one principal.
(C) The bond shall be executed by the applicant and the applicant’s employer in addition to the principal of the issuing surety entity and all other required signatures of two responsible freeholders residing within the county (or in lieu thereof a cash bond of equal amount) conditioned as referenced above. In the event the applicant elects to post a cash bond, the same shall be retained by the county for 90 days after the expiration of all registration certificates issued in any calendar year.
(D) Action on the bond may be brought in the name of the county to the use or benefit of an aggrieved person. Any person aggrieved by the vendor’s actions or inactions may petition the Hancock County Board of Commissioners for recovery on the bond as appropriate.
(Ord. 2009-8B, passed 8-17-09)