Section
Peddlers, Solicitors, and Transient Merchants
110.01 Purpose of chapter
110.02 Definitions
110.03 License required
110.04 Application
110.05 Investigation of applicant
110.06 Suspension; revocation
110.07 Exhibition of license
110.08 Transferability
110.09 Exemptions
110.10 Right to appeal
110.11 Deposit of funds
Handbills and Posters
110.20 Purpose
110.21 Definitions
110.22 Distribution of handbills
110.23 Billposters
110.24 Bills and posters
110.99 Penalty
PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS
The purpose of this chapter is to regulate the activities of individuals who engage in door to door solicitation and/or the activities or persons referred to in this act as transient merchants to protect against criminal activity, including fraud, to minimize the unwelcome disturbance of citizens and the disruption of privacy as necessary in the interest and promotion of the public health, safety, convenience, peace, comfort, order and public welfare of the City of Madison, Indiana and the citizens and inhabitants thereof.
(Ord. 2013-14, passed 12-17-13)
For the purpose of this chapter, the following terms, phrases, words and abbreviations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number and words in the singular number include the plural number.
“FOOD.” Any raw, cooked, or processed edible substance, ice, beverage, drink or ingredient used or intended for use or for sale in whole or in part for human consumption.
“LICENSE.” A license which has been issued pursuant to the requirement of this chapter.
“PEDDLER.” Any person traveling by foot, wagon, automotive vehicle, or any other type of conveyance from place to place, from house to house, or from street to street carrying, conveying, or transporting goods, wares, merchandise, food products, offering and exposing them for sale, or making sales and delivering articles to purchasers, or who, without traveling from place to place, shall sell or offer the same for sale from a wagon, automotive vehicle, railroad car, or other vehicle or conveyance. However, one who solicits orders and as a separate transaction makes deliveries to purchasers as part of a scheme or design to evade the provisions of this chapter shall be deemed a “PEDDLER” subject to the provisions of this chapter. The word “PEDDLER” shall include the words “HAWKER” and “HUCKSTER.”
“SOLICITOR.” Any person traveling from place to place, from house to house, or from street to street within the City of Madison, for the purpose of taking orders for the sale of goods, wares, merchandise, magazines, books, or personal property of any nature whatsoever for a future delivery, or for services to be furnished and performed in the future, regardless of whether the person has, carries, or exposes for sale a sample of the subject of the sale or whether he or she is collecting advance payments on the sales or who solicits monies door-to-door for non-profit or not-for-profit organizations.
“TRANSIENT MERCHANT.” Any person, whether as owner, agent, consignee, or employee, who engages in a temporary business of selling and delivering goods, wares, and merchandise within the City of Madison, and who, in furtherance of this purpose, hires, leases, uses, or occupies any building, structure, motor vehicle, tent, railroad boxcar, boat, public room in hotels, motels, lodging houses, apartments, shops or any street, alley or other place within the City of Madison, for the exhibition and sale of the goods, wares, and merchandise, either privately or at public auction. However, this definition shall not be construed to include any person who, while occupying temporary location, does not sell from stock, but exhibits samples only for the purpose of securing orders for future delivery only, and this definition shall not be construed to include any person who is a commercial traveler or salesman calling exclusively upon businesses, professional persons, schools, or public institutions for the purposes of taking orders or selling books, equipment, supplies, or services used professionally thereby. A person shall be a “TRANSIENT MERCHANT” even though he temporarily associates with a local dealer, trader, merchant, or auctioneer, or conducts the transient business in connection with, as a part of, or in the name of any local dealer, trader, merchant, or auctioneer. The term “TRANSIENT MERCHANT” shall include the terms “ITINERANT MERCHANT” and “ITINERANT VENDOR.”
(Ord. 2103-14, passed 12-17-13)
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