(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)