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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)
(A) It shall be unlawful for a transient merchant, peddler, or solicitor to engage in their respective business within the corporate limits of the City of Madison without obtaining a license in compliance with the provisions of this chapter. The obtaining of a license by an employer or principal shall in no way relieve any employee or agent of that employer or principal of his or her legal obligation to obtain a license.
(B) Licenses issued under the provisions of this chapter shall contain the information and be in the form prescribed by the Madison Police Department.
(C) It shall be unlawful for a transient merchant, peddler or solicitor to engage in door-to-door solicitations before 9:00 a.m. and after 6:00 p.m., and the license to be issued shall show on its face that restriction.
(Ord. 2013-14, passed 12-17-13) Penalty, see § 110.99
Applicants for any license under this chapter, whether a natural person, firm, corporation or other entity, shall file a written sworn application signed by the applicant, if an individual, by a partner if a partnership, and by an officer or duly authorized agent if a corporation, with the Madison Police Department showing the following information:
(A) The names and description of the applicant and, if other than a natural person, the names of the persons having the management or supervision or the applicant’s business during the time that it is proposed that it will be carried on in the City of Madison.
(B) The full permanent address and full local address of the applicant.
(C) A brief description of the nature of the business and the goods to be sold, whether the goods are proposed to be sold from stock in possession, or from stock in possession and by sample; to be sold at auction, direct sale, or by direct sale and by taking orders for future delivery; and where the goods or property proposed to be sold are manufactured and produced.
(D) If the applicant is employed or acting as an agent, the name and address of the employer or principal, together with the credentials establishing the exact relationship.
(E) The place or places within the City of Madison where the applicant proposes to carry on his or her business and the length of time during which the applicant proposes that the business shall be conducted.
(F) If one or more vehicles are to be used, a description of them, together with license numbers or other means of identification.
(G) A copy of a current, valid state issued identification containing a photograph of the applicant and each person who will be selling or soliciting under the license, or if a corporation, a photograph of the person to have the management or supervision of the applicant’s business in the City of Madison.
(H) If the applicant is proposing to sell food and is required by local or state ordinances, regulations or laws to have a separate permit or license, including but not limited to a food service establishment permit, the applicant will produce a copy of any and all valid permits or licenses required.
(I) Any other reasonable information as to the identity or character of the applicant; or his or her agents or employees or the method or plan of doing business that the Madison Police Department may deem proper to fulfill the purpose of this chapter in the protection of the public good and welfare.
(Ord. 2013-14, passed 12-17-13) Penalty, see § 110.99
(A) A license and a non-transferable identification card shall be issued to a vendor by the Chief of Police upon such vendor’s completion of an application, confirmation that such vendor has no felony or misdemeanor conviction within 15 years of the application date for a crime of dishonesty, fraud, theft and/or moral turpitude, and such vendor has paid a license fee of $40 for a ten-day license or $150 for a 120-day license for each person selling items. Upon receipt of a license, a vendor must also purchase from the Madison Police Department, at the cost of $5 each, non-transferable identification cards for each employee and agent of vendor listed on vendor’s application and for whom the Chief of Police has confirmed has no active warrant, felony or misdemeanor conviction within 15 years of vendor’s application date for a crime of dishonesty, fraud, theft and/or moral turpitude.
(B) The decision as to whether an application is approved or denied shall be made by the Chief of Police within 20 days from the date the application is submitted to the Madison Police Department for processing.
(Ord. 2013-14, passed 12-17-13)
(A) If the Chief of Police determines that one or more of the following apply to a vendor and/or to any employee or agent of vendor who applies for a license or who is involved in door-to-door solicitation, then the Chief of Police shall deny the application and/or revoke an issued license and/or identification card(s) relating thereto, whichever action is applicable under the circumstances:
(1) Vendor submitted an application that contains materially false or misleading information;
(2) Vendor or any of vendor’s employees or agents was, within 15 years prior to the date of vendor’s application, convicted of a felony or misdemeanor crime of dishonesty, fraud, theft and/or moral turpitude;
(3) Vendor or any of vendor’s employees or agents has violated this section or has been charged with or convicted of a felony or misdemeanor crime of dishonesty, fraud, theft, and/or moral turpitude after the issuance of but prior to the expiration date of such person’s license and/or identification card;
(4) Vendor or any of vendor’s employees or agents has failed to properly display his or her identification card while engaged in door-to-door solicitation;
(5) Two or more written and sworn complaints have been delivered to the Madison Police Department regarding allegedly untruthful or illegal conduct concerning vendor or vendor’s employees or agents during his or her door-to-door solicitation;
(B) All license and/or identification card denials/revocations shall be in writing, shall state thereon the effective date of the denial/revocation and the reason for the same, and shall be served by U. S. certified mail or by personal service on vendor at a vendor’s address as contained in the application.
(C) Any vendor, within 20 days from the date on which notice of such license and/or identification card denial or revocation notice is served thereon, may by written request made and delivered to the Chief of Police within such time period, appeal such action to the Madison Board of Public Works and Safety (“Board”). If a timely appeal is not made, the decision of the Chief of Police is final. If a timely appeal is made, the Board shall hear the appeal at a public hearing which shall begin no more than 20 days from the date of the receipt of the appeal request by the Chief of Police. The Board shall issue its written decision on the appeal no more than ten days from the ending date of the hearing thereon, which Board decision shall be final.
(D) No application, license or identification card fees shall be returned or refunded upon the revocation of a license and/or identification card issued pursuant to this section, all such monies being deemed forfeited.
(Ord. 2013-14, passed 12-17-13)
(A) Every person holding a license under this chapter shall exhibit it to all prospective customers before personally promoting a sale.
(B) Persons holding a license hereunder making sales from a particular place may comply with this section by posting the license in a conspicuous location at that place.
(Ord. 2013-14, passed 12-17-13) Penalty, see § 110.99
(A) Licensed individuals. Those individuals who hold a valid occupational or professional license, which is issued and regulated by the State of Indiana are exempt from this chapter. This exemption shall only be applicable to the practice under or business conducted, pursuant to and within the terms and provision of the individual’s license. Any individual claiming an exemption shall be required, upon request by the Madison Police Department, to provide written proof of his or her valid licensure, for example, a copy of a license or certificate that was issued by the State of Indiana. The Madison Police Department shall make any determination as to whether the activity to be conducted falls within the claimed licensure.
(B) Yard sales. A resident of the City of Madison who conducts a sale of tangible personal property for no more than six days per calendar year at his or her primary residence.
(C) Local not-for-profit. The members of any not-for-profit organization a majority of the members of which live in Jefferson County, Indiana.
(D) Locally grown produce. Fresh produce for human consumption grown regionally, which produce was actually raised by the seller or the seller’s immediate family.
(E) Estate sale/auction. Items sold at sales or auctions involving estates of residents of the City of Madison or real property and the improvements located on said real property located in the City of Madison or the personal property used and held by the decedent thereon.
(F) Commercial salespersons. Commercial travelers or salespersons calling exclusively upon businesses, professional persons, schools, or public institutions for the purpose of taking orders or selling books, equipment, supplies or services used professionally thereby.
(G) Handcraft shows or fairs. Organized shows, fairs, exhibitions or demonstrations involving two or more different crafters of hand crafted items at an established business located within the City of Madison. “HAND CRAFTED” means items which have been created or crafted by the individual who is selling the item.
(H) Veterans. This section applies to any veteran that served during war time and received an honorable discharge as described in state law. Such a person shall be entitled to a license to canvass, solicit, and peddle goods, wares, fruits, vegetables, and merchandise in the City of Madison without the payment of any fee therefor. Upon the presentation of his or her certificate and papers of discharge, properly executed, to the Jefferson County Veteran’s Affairs Officer, and proving his or her identity as the person named in his or her certificate of honorable discharge, the Madison Police Department shall issue a license to canvass, solicit, and peddle goods, wares, fruits, and merchandise within the City of Madison, which license shall be free, and no feel shall be charged to the holder of such license by such Madison Police Department, nor by any other officer, but such license shall be full and complete authority to canvass, solicit, and peddle as aforesaid, without the payment of any sum of money. This section is in accordance with I. C. 25-25-2-1.
(Ord. 2013-14, passed 12-17-13)
Any person aggrieved by the decision of the Madison Police Department in regard to the denial or revocation of a license as provided for herein shall have the right to appeal to the Board of Public Works. Appeal shall be taken by filing with the Board of Public Works, within 14 days after notice of the decision by the Madison Police Department has been mailed to the person’s last know address, a written statement setting forth the grounds for the appeal. The Board of Public Works shall set the time and place for a hearing on the appeal and notice of the hearing shall be given to the person in the manner provided for in § 110.06(C) above for notice of hearing on revocation. The order of the Board of Public Works on the appeal shall be final.
(Ord. 2013-14, passed 12-17-13)
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