Any transient merchant, peddler or individual peddler must complete an application, provided by the Police Department, to obtain a license to offer goods, wares, merchandise, food, services or subscriptions to any kind of publication under this chapter. Organizations, corporation, firms or employers who employ, utilize or have as their agents transient merchants, peddlers or itinerant dealers shall obtain a license for each individual transient merchant, peddler and itinerant dealer that will sell or offer to sell goods, wares, merchandise, food, services or subscriptions to any kind of publication in the town. The application must contain the following information:
(A) The name, business address, home address and telephone number and local address and telephone number, if any, of the applicant. The applicant must also submit two photographs of the applicant, two inches by two inches, taken within 60 days before application. The photograph must show the head and shoulders of the applicant.
(B) The name under which the business is to be conducted.
(C) The type of goods, wares, merchandise, food, services or subscriptions intended to be sold or offered for sale.
(D) The location(s) where the applicant intends to sell or offer to sell goods, wares, merchandise, food, services or subscriptions in the town.
(E) The length of time the applicant intends to sell or offer to sell goods, wares, merchandise, food, services or subscriptions in the town.
(F) A description and valid license plate number of all vehicles to be used, if any, by the applicant.
(G) A list of all of the applicant’s criminal convictions including the date of the conviction and the town and state of all such convictions, if any. If none, it is to be so stated on the application.
(H) The applicant’s Indiana state retailer license number.
(I) The name, address and telephone number of the contact person who will respond to consumer complaints who shall be available for a period of time of not less than 60 days following the last date that the transient merchant, peddler and itinerant dealer sells or offers to sell goods, wares, merchandise, food, services or subscriptions in the town.
(J) The application must be signed by the applicant at the Police Department, during regular business hours. At the time of signing and submitting the application for consideration by the Police Department, all applicants shall:
(1) Submit identification satisfactory to the Police Department which contains a specimen of the applicant’s signature;
(2) File a surety bond in the penal sum of $750 or three times the value of the goods, wares, merchandise, food, services or subscriptions intended to be sold or offered for sale, whichever is greater;
(3) Pay a license fee of $100 for each six-month period the applicant intends to sell or offer to sell goods, wares, merchandise, food, services or subscriptions, plus a fee of $10 for an identification card for each individual peddler which said fees shall be paid into the general fund of the town;
(4) If the application provides for the use of a motor vehicle by the transient merchant, peddler or individual peddler, the applicant shall file a certificate of insurance with the application establishing that liability insurance in minimum amounts of $100,000 for personal injuries or death to any one person, $300,000 for personal injuries or death in any one occurrence and $100,000) for property damage;
(5) If the application provides for the use of a building, room, shop, booth, cart, or other structure by the transient merchant, the applicant shall:
(a) File a certificate of insurance with the application establishing that liability insurance in minimum amounts of $50,000 for personal injuries or death to any one person, $100,000 for personal injuries or death in any one occurrence and $50,000 for property damage, and
(b) File written permission from the landowner for the use of the real estate.
(6) The applicant, at the time of signing the application, shall submit a complete set of fingerprints.
(K) If, while any application is pending, or during the term of any license granted thereon, there is any substantial change in fact, policy or method that would materially alter the information given in the application, the applicant shall notify the Police Department in writing of the change within 72 hours after such change. If the applicant or transient merchant, peddler or individual peddler fails to so notify the Police Department, any license issued to the applicant or transient merchant, peddler or individual peddler shall be suspended pursuant to hearing as set forth in § 111.08.
(L) If the transient merchant, peddler or individual peddler intends to sell or offers to sell any type of food or beverage, the Police Department shall refer the application to the Ripley County Health Department for review and recommendation. The review shall include an inspection of all refrigeration equipment to be used by the transient merchant, peddler or individual peddler and shall ensure that minimum sanitation requirements established by state and local law are met.
(Ord. 2018-7, passed 7-17-2018) Penalty, see § 111.99