(A) Definitions. For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUSINESS. The business carried on by any person who is an itinerant merchant, peddler, or solicitor as defined in this section.
CHARITY. An organization recognized by the Internal Revenue Service and/or Indiana Department of Revenue as a not-for-profit organization.
GOODS. Merchandise of any description whatsoever, and includes, but is not restricted to, wares and foodstuffs.
ITINERANT MERCHANT. Any person, whether as owner, agent, or consignee, who engages in a temporary business of selling goods within the municipality and who, in the furtherance of such business, uses any building, structure, vehicle, or any place within the municipality.
PEDDLER.
(a) Any person who travels from place to place by any means carrying goods for sale, or making sales, or making deliveries; or
(b) Any person who, without traveling from place to place, sells or offers goods for sale from any public place within the municipality. A person who is a peddler is not an itinerant merchant.
SOLICITOR. Any person who travels by any means from place to place, taking or attempting to take orders for sale of goods to be delivered in the future or for services to be performed in the future. A person who is a solicitor is not a peddler.
(B) No person, partnership or corporation shall solicit, peddle, sell or promote any item, merchandise, service or charity of any nature through door-to-door sales or contacts within the town, except in compliance with this section.
(C) Limitations on itinerant merchants, peddlers and solicitors. Only itinerant merchants, peddlers, or solicitors who are acting on behalf of a charity may engage in such activity within the municipality, between the hours of 9 a.m. and 9 p.m. E.D.T. It shall be unlawful for any person or persons not affiliated with a charity to solicit, peddle, sell or promote for sale any goods, wares or merchandise of any kind and every kind whatsoever; or take or solicit any orders for goods, wares and merchandise, within the limits of the town, either for immediate delivery or future delivery. This chapter shall not apply to businesses who regularly visit pre-established customers at their residences, or who are invited onto a homeowner's premises (e.g., Culligan, Mary Kay, Schwan's, etc.), and to food vendors described in division (E) below.
(D) Uninvited visits to private residences. The practice of going in and upon residences in the town by transient salesmen, merchants, and itinerant vendors of goods not having been requested or invited to do so by the owner or occupant of those private residences, for the purpose of soliciting orders for the sale of goods, wares, and merchandise, and of disposing of or peddling or hawking the same, is declared to be a nuisance and punishable as such.
(E) Food vendors. Persons vending food shall be required to register at the Otterbein Town Hall. At the time of registration, the food vendor shall comply with the following:
(1) An application shall be signed by the applicant if an individual, or by all partners if a partnership, or by the president if a corporation. Applications should be made on forms available in the office of the Clerk-Treasurer. The application shall state:
(a) The name and address of the applicant;
(b) The name of the individual having management authority or supervision of the applicant's business during the time that it is proposed to be carried on in the municipality;
1. The local address of such individual;
2. The permanent address of such individuals;
3. The capacity in which such individual will act;
(c) The name and address of the person, if any, for whose purpose the business will be carried on, and, if a corporation, the state of incorporation;
(d) The time period or periods during which it is proposed to carry on applicant's business;
(e) The nature, character, and quality of the goods to be offered for sale or delivered;
1. If goods, their invoice value and whether they are to be sold by sample as well as from stock;
2. If goods, where and by whom such goods are manufactured or grown, and where such goods are at the time of application;
(f) The nature of the advertising proposed to be done for the business;
(g) Whether or not the applicant or the individual identified in division (1)(b) above, or the person identified in division (1)(c) has been convicted of any crime or misdemeanor and, if so, the nature of each offense and the penalty assessed for each offense;
(h) A description of any vehicle proposed to be used in the business, including its registration number, if any; and
(i) If required by the Clerk-Treasurer, copies of all printed advertising proposed to be used in connection with the applicant's business;
(2) The application shall have attached to it a statement from a licensed physician, dated not more than 10 days prior to the date of application, certifying the applicant to be free of contagious or communicable disease, and (b) proof of commercial general liability insurance for food sales in an amount of at least $1,000,000.00, naming the Town of Otterbein as an additional insured.
(2008 Code, § 4.4.3) (Ord. 2012-0515B, passed 5-5-2012; Ord. 2014-1021B, passed 10-21-2014; Ord. 2015-1006D, passed 10-6-2015) Penalty, see § 10.99