CHAPTER 111: TRANSIENT VENDORS
Section
   111.01   Definitions
   111.02   Persons required to be licensed
   111.03   License fee
   111.04   Duration of sale
   111.05   Expiration of license
   111.06   Transference of license
   111.07   Duty of police to enforce
   111.08   Records of licenses to be kept
   111.09   Unlawful
   111.10   Exhibition of license
   111.11   Application for license; certificate to be attached
   111.12   Investigation of applicant; issuance
   111.13   Surety bond required
   111.14   Use or public property
   111.15   Revocation of license
   111.16   Appeal
   111.17   Full disclosure
   111.18   Name tags and identification
 
   111.99   Penalty
§ 111.01  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   EXECUTIVE. The Mayor of the City of Linton, Indiana.
   MOTOR VEHICLE.  A vehicle that is self-propelled.
   OFF-SITE CAR SALES.  The selling, buying, or trading of motor vehicles away from the person's or entities' principle place of business.
   TRANSIENT MERCHANT.  Any person or entity wanting to hold an off-site car sale in Linton
(Ord. 2006-06, passed 9-11-2006)
§ 111.02  PERSONS REQUIRED TO BE LICENSED.
   (A)   The following persons must be licensed by the state of Indiana, Greene County, and the City of Linton, to engage in the business of buying, trading, transferring, or selling motor vehicles off-site from their established place of business, within the city:
      (1)   An automobile auctioneer.
      (2)   A converter manufacturer.
      (3)   A dealer.
      (4)   A distributor.
      (5)   A distributor branch.
      (6)   A distributor representative.
      (7)   A factory branch.
      (8)   A factory representative.
      (9)   A manufacturer.
      (10)   A transfer dealer.
      (11)   A wholesale dealer.
   (B)   No off-site sales license will be issued to a person who does not have an established business in the state of Indiana.
   (C)   No off-site sales license will be issued to a dealer proposing to conduct the off-site sale more than ten miles from the dealer's principle place of business.
(Ord. 2006-06, passed 9-11-2006)
§ 111.03  LICENSE FEE.
   The fee for such license as herein provided shall be the sum of $100, payable in advance of receipt of the license to the Clerk-Treasurer.
(Ord. 2006-06, passed 9-11-2006)
§ 111.04  DURATION OF SALE.
   Duration of the off-site sale will be no more than 48 hours. The 48 hours starts at 9:00 a.m. on the first day the person brings the first item of inventory to the site of the off-site sale.
(Ord. 2006-06, passed 9-11-2006)
§ 111.05  EXPIRATION OF LICENSE.
   All licenses issued under the provisions of this chapter shall expire 90 days after the date of issuance thereof unless a prior date is fixed therein. The calculation of the 90 days begins and includes the date the application is submitted for consideration.
(Ord. 2006-06, passed 9-11-2006)
§ 111.06  TRANSFERENCE OF LICENSE.
   No license shall be transferred, assigned, or otherwise delegated in any way at any time, even if the same individual, person, business, or other entity has applied for the license and now operates under a different identification. No license shall be presumed to be valid if issued in the name of any individual, person, business, or other entity, and that individual, person, business, or entity later changes its name, location, place of business, or status. Any change whatsoever in identity of the named licensee will render the license invalid. A new license will need to be obtained if any change of this nature occurs.
(Ord. 2006-06, passed 9-11-2006)
§ 111.07  DUTY OF POLICE TO ENFORCE.
   It shall be the duty of Police Officers of the Linton Police Department of the city to examine all places of business and persons in their respective territories subject to the provisions of this chapter, to determine if this chapter has been complied with and to enforce the provisions of this chapter against any person, business, or entity found to be violating this chapter.
(Ord. 2006-06, passed 9-11-2006)
§ 111.08  RECORDS OF LICENSES TO BE KEPT.
   The Clerk-Treasurer shall deposit the record of fingerprints of licensee, together with a license number, with the Chief of Police; the Chief of Police shall report to the Clerk-Treasurer any complaints against any person(s) licensed under the provisions of this chapter and any conviction for violation of this chapter; the Clerk-Treasurer shall keep a record of all licenses and of those complaints and violations.
(Ord. 2006-06, passed 9-11-2006)
§ 111.09  UNLAWFUL.
   It shall be unlawful for an entity, as defined in § 111.01, to engage in such business within the city without first obtaining a license in compliance with all parts, subpart, and portions of this chapter. Failure to do so may result in the application being denied, or if already issued, may render the application void.
(Ord. 2006-06, passed 9-11-2006)
§ 111.10  EXHIBITION OF LICENSE.
   The license issued under this chapter shall be posted conspicuously in the place of business named therein. In the event that the person or persons applying for the license shall desire to do business in more than one place within the city, separate licenses must be issued for each place of business, and shall be posted conspicuously in each place of business.
(Ord. 2006-06, passed 9-11-2006)
§ 111.11  APPLICATION FOR LICENSE; CERTIFICATE TO BE ATTACHED.
   (A)   Applicants for license under this chapter, whether a person, firm or corporation, shall file a written, sworn application signed by the applicant, if an individual, by all partners of a partnership, and by the president if a corporation, with the City Clerk-Treasurer, showing:
      (1)   The name and names of the person or persons having the management or supervision of applicant's business during the time that it is proposed that it will be carried on in the city; the local address or addresses of that person or persons while engaged in such business; the permanent address or addresses of such person or persons; the capacity in which such person or person will act (that is, whether as proprietor, agent or otherwise); the name and address the business will be carried on, if any; and if a corporation, under the laws of what state the same is incorporated;
      (2)   The fingerprints of all persons having the management or supervision of applicant's business, and, at least three letters of recommendation from reliable property owners in the city certifying as to the applicants' good character and business responsibility, or other evidence which establishes to the satisfaction of the Executive the good character and business responsibility of that person or persons, along with fingerprints of all persons and employees who may be present on the date(s) of the off-site sale in the city, along with their names, home addresses, business addresses, and social security numbers;
      (3)   The place or places in the city where it is proposed to carry on applicant's business, and the length of time during which it is proposed that the business shall be conducted;
      (4)   The place or places, other than the permanent place of business of the applicant, where applicant, within the six months preceding the date of the application, conducted off-site sales, stating the nature thereof and giving the post office and street address of any building or office in which that business was conducted, along with all proposed places for subsequent off-site sales, if any;
      (5)   A statement of the nature, character, and quality of the goods, wares or merchandise to be sold or offered for sale by applicant in the city; the invoice value and quality of those goods, wares and merchandise; whether the same are proposed to be sold from stock in possession or from stock in possession and by sample; at auction, by direct sale or by indirect sale and by taking orders for future delivery; whether the goods or property proposed to be sold are manufactured or produced, and where those goods or products are located at the time the application is filed;
      (6)   A brief statement of the nature and character of the advertising done or proposed to be done in order to attract customers, and copies of all advertising whether by handbills, circular, newspaper advertising, or otherwise, shall be attached to the application as exhibits;
      (7)   Whether or not the person or persons having the management or supervision of the applicant's business have been convicted of a crime, misdemeanor, or the violation of any provision of this code or other ordinance of the city, the nature of the such offense, the state in which the offense was committed, the complete criminal history of the person, and the punishment assessed, for any crime whatsoever. Additionally, for all persons who are employed and who may be present on the date(s) of the sale, supply a complete criminal history and affix it to the application;
      (8)   Credentials from the person, firm, or corporation for which the applicant proposes to do business, signed and notarized, authorizing the applicant to act as the representative; and
      (9)   Any other reasonable information as to the identity or character of the person or persons having the management or supervision of the applicant's business or the method or plan of doing such business as the officials, police officers, the Clerk-Treasurer, or the Executive may deem proper to fulfill the purpose of this chapter in the protection of the public good.
      (10)   The full legal name of the entity(ies) or person(s), telephone number(s), social security number(s), driver's license number(s), home address, business address, and written, signed certification, for the contact person who will respond to consumer complaints, whether those complaints are warranty issues or otherwise, who shall be available for a period of time of not less than 180 days following the last date that the transient merchant sells or offers to sell goods or automobiles within the city, and if that person is not the applicant or an agent of the applicant, and is a warrantor, guarantor, assign, agent, or in any way a separate entity from applicant, a signed and verified statement that the person or entity accepts the appointment as the contact person and that they will be available for a period of not less than 180 days following the last date that the Transient Merchant sells or offers to sell goods or automobiles within the city;
      (11)   Photocopies of all titles for all vehicles proposed to be brought to the city for off-site sale. All titles must be titled to the transient merchant who endeavors to sell automobiles at the off-site sale in Linton, Indiana, and shall not be titled to any other person or entity. If, at the time of application, those titles are unavailable or unknown, applicant transient merchant shall supply the current, updated, valid, titles for all vehicles that will be transported via any means, to the city, for the off-site sale not less than 60 days before the sale is to take place. Failure to do so will render the license void;
      (12)   A complete list of all financing companies with which applicant deals, in order to finance the sale of the automobiles for consumers, or for which the applicant deals to purchase automobiles, including the legal business names, the addresses, Indiana state licensing, FDIC or other insurances, and all other pertinent identification information and contact information, if those companies will be used in any way to aid in financing the sale of automobiles by the transient merchant during the off-site sale in Linton; and
      (13)   A complete list of the names of any and all servicing agents for the person or entity, legally established within the state of Indiana, who is authorized to receive service of process of legal papers or other certified documents, including, if applicable, the address, telephone number, or other valid contact information for the person or entity. If the applicant is the only person who is able to accept service, state that. If the applicant has agents or employees authorized to accept service of process, state that person's name, address, telephone number, and other identifying information.
      (14)   Attach proof of all applicable insurances for all liability, persons, premises, willful conduct, vehicles, the dealership itself, or any other entity who owns the automobiles, along with the amount of insurance coverage, the type of insurance, the name, address and telephone number(s) for all insurance companies who furnish insurance that will cover any situation that may arise at the off-site sale, including premises insurance, and attach copies of all insurance policies to this application. The application must include proof of insurance for not less than $1,000,000 for personal injuries or death to any one person; $500,000 for injuries or death in any one occurrence; and, $200,000 for property damage.
      (15)   Attach written permission of the landowner for the use of the real estate, along with the landowner's premises insurance coverage(s); any contracts signed between the transient merchant and the land owner with regard to the off-site sale; any and all stipulations, agreements, limitations, or other terms set by the transient merchant and the landowner with regard to the off-site sale, along with the amount of money landowner is charging for rent for the off-site sale.
      (16)   Attach and fully disclose any and all incidents that have taken place at all other off-site sales held by applicant (or applicant's company, dealership, retail store, or by any entity in which applicant has been affiliated) at any other location in the past ten years where persons or property sustained damage, the amount of the damage, the amount of the insurance payments to those injured, the dates of the incidents, the names of the persons injured, addresses of persons injured, and a complete narrative of the incident. Attach a copy of any police, fire, ambulance, EMS, or other agency reports of the incident.
   (B)   Attached to the application shall be a copy of a valid license from the Indiana Bureau of Motor Vehicles to sell motor vehicles, so required by law.
   (C)   The application shall be verified.
   (D)   Attached to the application shall be a copy of a valid transient off-site sales license from the Indiana Bureau of Motor Vehicles to sell motor vehicles off-site, within 20 miles of the place of business.
   (E)   Attached to the application shall be signed, sworn, notarized statements by the applicant and all of the persons who will be participating in the sale, whether they be owners, agents, employees, third parties, or other persons involved in the off-site sale on the date(s) of the sale or the 180 days immediately following the sale have read this chapter, understand the terms and provisions thereof, and that each agrees to be bound to comply with all portions of this chapter or be held personally liable for any failure to comply with the laws of the City of Linton, Indiana.
(Ord. 2006-06, passed 9-11-2006)
§ 111.12  INVESTIGATION OF APPLICANT; ISSUANCE.
   Upon receipt of such application, the Executive shall cause an investigation of that person's or person's business responsibility or moral character to be made as he or she deems necessary to the protection of the public good. If, as a result of the investigation, the applicant's character and business responsibility are found to be unsatisfactory, the application shall be denied. If, as a result of the investigation, the character and business reputation appears to be satisfactory, the Executive shall so certify in writing, and a license shall be issued by the Clerk-Treasurer. The Clerk-Treasurer shall keep a full record in his or her office of all licenses issued. The license shall contain the number of the license, the date the same is issued, the nature of the business authorized to be carried on, the amount of the license fee paid, the expiration date of the license, the place where the business may be carried on under the license, and the name or names of the person or persons authorized to carry on the same.
(Ord. 2006-06, passed 9-11-2006)
§ 111.13  SURETY BOND REQUIRED.
   Before any license shall be issued for engaging in a business as defined in this chapter, the applicant shall file with the Clerk-Treasurer a penal bond running to the city in the sum of $10,000 or three times the value of the goods or automobiles intended to be sold or offered for sale, whichever is greater. The bond must be executed by the applicant, as principal, and two sureties upon which service of process may be made in the state; the bond to be approved by the City Attorney, conditioned that the applicant shall comply fully with all the provisions of this code and any other ordinances of the city and the statutes of the state, regulating and concerning the sale of goods, wares and merchandise. Applicant will pay all judgments rendered against the applicant for any violation of this chapter or statutes, or any of them, together with all judgments and costs that may be recovered against the applicant by any person or persons for damage growing out of any misrepresentation or deceptive practices of any person transacting business with the applicant, whether these misrepresentations or deceptions were made or practiced by the owners or by their servants, agents, or employees, either at the time of making the sale or through any advertisement of any character whosoever, printed or circulated with reference to the goods, wares, and merchandise sold, or any part thereof. Action on the bond may be brought in the name of the city to the use of the aggrieved person. The bond must be approved by the City Attorney, both as to form, substance, and as to the responsibility of the sureties thereon.
(Ord. 2006-06, passed 9-11-2006)
§ 111.14  USE OF PUBLIC PROPERTY.
   Before any license shall be issued for engaging in business as transient merchant, upon public property, the applicant must obtain permission from the Board of Public Works and Safety for the use of that property and in the manner prescribed. The Board of Public Works and Safety may require the applicant to provide proof of bodily injury and property damage liability insurance in an amount in excess of the amounts stated in § 111.11(A)(14), if, during the application process, it is found that applicant has had one or more incidents of death, bodily injury, property damage, or other incident in the past five years that caused the insurance company to have to pay on a claim.
(Ord. 2006-06, passed 9-11-2006)
§ 111.15  REVOCATION OF LICENSE.
   (A)   The permits and licenses issued pursuant to this chapter may be revoked by the Executive, after notice and hearing, for any of the following causes:
      (1)   Any fraud, misrepresentation, or false statement contained in the application for license;
      (2)   Any fraud, misrepresentation, or false statement made in connection with the selling of goods, wares, or merchandise;
      (3)   Any violation of this chapter;
      (4)   Conviction of the licensee of any felony or of a misdemeanor involving moral turpitude; or
      (5)   Conducting the business licensed under this chapter in an unlawful manner or in a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public.
   (B)   Notice of hearing of revocation of a license shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. The notice shall be mailed, postage prepaid, to the licensee, at the last known address, at least seven days prior to the date set for the hearing.
(Ord. 2006-06, passed 9-11-2006)
§ 111.16  APPEAL.
   Any person aggrieved by the decision of the Executive in regard to the denial of application or license as provided for or in connection with the revocation of a license, shall have the right to appeal to the Common Council. The appeal shall be taken by filing with the Council within 14 days after notice of the decision by the Executive has been mailed to the last known address, a written statement setting forth the grounds for the appeal. The Council shall set the time and place for a hearing on the appeal and notice of such hearing shall be given to that person in the same manner for notice of hearing on revocation. The order of the Common Council on the appeal shall be final.
(Ord. 2006-06, passed 9-11-2006)
§ 111.17  FULL DISCLOSURE.
   If, while any application is pending, or during the term of any license granted thereon, there is any change in any fact, policy, or method that would alter the information given in the application, the applicant shall notify the Linton Police Department, the Executive, the Clerk-Treasurer, and the City Attorney in writing of the change within 48 hours of the change. If the transient merchant fails to so notify, the license issued to the applicant or transient merchant shall either be suspended or shall be void.
(Ord. 2006-06, passed 9-11-2006)
§ 111.18  NAME TAGS AND IDENTIFICATION.
   All persons brought by applicant or the transient merchant to the off-site sale in the city shall wear a laminated name badge with their name, affiliation to the transient vendor, title or job classification, department name, and a two-inch by two-inch photograph affixed underneath the lamination. Each person who is onsite for the sale shall supply, upon demand, a valid driver's license or state identification card. The driver's license and the name badge must match exactly in every detail.
(Ord. 2006-06, passed 9-11-2006)
§ 111.99  PENALTY.
   Whosoever violates any provision of this chapter shall be fined not less than $2,500 for the first incident. A second violation of any provision of this chapter shall be fined not less than $7,500. If cause for violation of the chapter is not remedied, the cause shall be deemed to be separate from any other violation of any other provision of this chapter.
(Ord. 2006-06, passed 9-11-2006)