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(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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