Section
110.01 Definitions
110.02 License requirement
110.03 Application procedure
110.04 Standards for issuance
110.05 Revocation procedure
110.06 Standards for revocation
110.07 Appeal procedure
110.08 Exhibition of identification
110.09 Town policy on soliciting
110.10 Notice regulating soliciting
110.11 Duty of solicitors to ascertain notice
110.12 Prohibited solicitation
110.13 Orders by solicitors
For the purpose of this chapter, 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 a transient merchant, peddler, or solicitor as defined in this section.
GOODS. Merchandise of any description whatsoever, and includes, but is not restricted to, wares and foodstuffs.
TRANSIENT MERCHANT. Any person, firm, corporation, or other entity form, either as principal or agent, who engages in any temporary business in the town of offering for sale or selling goods, wares, or merchandise, and who, in the furtherance of such business, uses any building, structure, vehicle, or any place within the town for the exhibition and sale of such goods, wares, or merchandise.
PEDDLER. Any person, not a transient merchant, who:
(1) Travels from place to place by any means carrying goods for sale, or making deliveries; or
(2) Without traveling from place to place, sells or offers goods for sale from any public place within the town.
SOLICITOR. Any person who travels by any means from place to place, taking or attempting to take orders for the 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.
(A) Any person who is a transient merchant, peddler, or solicitor shall obtain a license before engaging in such activity within the town.
(B) The fee for the license required for this chapter shall be as follows: For one day, $10; for one week, $25; for one month, $50; for one year, $150.
(C) No license issued under this chapter shall be transferable.
(D) The provisions of this chapter shall not apply to:
(1) Any person, individual, firm, corporation, or other entity form that grows the goods, wares, or merchandise that is sold or offered for sale;
(2) A person who makes crafts, or items by hand and sells them or offers them for sale;
(3) An auctioneer who is licensed under I.C. 25-6.1;
(4) A resident of the town who conducts a sale of tangible personal property for no more than four days per calendar year;
(5) A not-for-profit organization that is exempt from the Indiana Gross Retail Tax under I.C. 6-2.5-5-26;
(6) A person who:
(a) Sells merchandise;
(b) Offers to sell merchandise; and
(c) Provides proof that the sale is being conducted as part of an activity sponsored by an organization described in subdivision (5); or
(7) A person or entity that solicits the sale of goods or services exclusively to commercial customers.
(A) All applicants for licenses required by this chapter shall file an application with the Clerk-Treasurer, which application shall be filed with the Clerk-Treasurer at least seven days before such applicant shall be authorized to begin such business. This application shall be signed by the applicant if an individual, or by all partners if a partnership, or by an authorized officer if a corporation or other form of entity. Such application shall state the name and residence of the applicant; the place where such business is to be conducted, the kind of goods to be sold, and the length of time for which the license is desired. The applicant may be requested to provide information concerning the following items:
(1) The name and address of the applicant;
(2) (a) 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 town;
(b) The local address of such individual;
(c) The permanent address of such individual;
(d) The capacity in which such individual will act;
(3) The name and address of the person, if any, for whose purpose the business will be carried on, and, if a corporation or other form of entity, the state of origination;
(4) The time period or periods during which it is proposed to carry on applicant's business within the town;
(5) (a) The nature, character, and quality of the goods or services to be offered for sale or delivery;
(b) If goods, their invoice value and whether they are to be sold by sample as well as from stock;
(c) If goods, where and by whom such goods are manufactured or grown, and where such goods are at the time of application;
(6) The nature of the advertising proposed to be done for the business within the town;
(7) Whether or not the applicant, or the individual identified in division (A)(2)(a) above, or the person identified in division (A)(3) has been convicted of any crime or misdemeanor and, if so, the nature of each offense and the penalty assessed for each offense.
(8) The last municipalities, not exceeding three, where applicant carried on business immediately preceding the date of application, and the addresses from which such business was conducted in those municipalities.
(B) Applicants for peddler or solicitor licenses may be required to provide further information concerning the following items, in addition to that requested under division (A) above:
(1) A description of the applicant;
(2) A description of any vehicle proposed to be used in the business, including its registration number, if any.
(C) All applicants for licenses required by this chapter shall attach to their application, if required by the town, credentials from the person or entity, if any, for which the applicant proposes to do business, authorizing the applicant to act as such representative.
(D) Applicants who propose to handle foodstuffs which have not been canned shall also attach to their application, in addition to any attachments required under division (C), a statement from a licensed physician, dated not more than ten days prior to the date of application, certifying the applicant to be free of contagious or communicable disease.
(E) All applications shall be accompanied by a bond in the penal sum of $1,000 executed by a surety company authorized to conduct business within the state of Indiana (or in lieu thereof a cash bond of an equal amount) securing that all goods sold by such applicant will be as represented by him or her and that he or she will refund the purchase price of any goods, wares, merchandise, or articles sold by him or her which are not as represented. Any person aggrieved by the action of any such transient merchant, peddler, or solicitor, shall have a right of action on the bond for the recovery of money or damages or both. In the event a cash bond is deposited, the same shall be retained by the town for 90 days after the expiration of any such licenses. Upon the filing of such application bond, license fee, and the approval of such application and bond by the Clerk-Treasurer, a license shall be issued by the Clerk-Treasurer to such applicant to begin business not less than seven days after the date of filing such application, bond, and fee.
(F) All such license fees must be paid in advance, and if any such licensee desires to continue in business after the expiration of such license, a new license must be secured in the same manner and upon the same terms as the original license.
(G) Any persons exempted by the laws of this state from the payment of the license fees shall before beginning such business, present to the Clerk-Treasurer his or her credentials, showing that he or she is entitled to such exemption and shall complete an application and file a bond as above provided. Upon approval of the application and bond by the Clerk-Treasurer, he or she shall then receive a certificate from the Clerk-Treasurer authorizing him or her to engage in the business of transient merchant, peddler, or solicitor, within the town for any period not longer than one month. If at the end of a month the person desires to continue in such business, another certificate must be procured from the Clerk-Treasurer. Pursuant to I.C. 25-25-2-1, any veteran described in I.C. 10-5-12-1 or I.C. 10-5-13-1, or any other veteran to whom I.C. 25-25-2-1 et seq. applies, and who holds an honorable discharge from such service issued by the proper authorities, shall be entitled to a license under this chapter without the payment of any fees therefore.
Editor’s note:
This section references I.C. 10-5-12-1 and 10-5-13-1. These statutes were repealed in 2003.
(A) Upon receipt of an application, an investigation of the applicant's business reputation and moral character shall be made.
(B) The application shall be approved unless such investigation discloses tangible evidence that the conduct of the applicant's business would pose a substantial threat to the public health, safety, morals, or general welfare. In particular, tangible evidence that the applicant has committed any of the following will constitute valid reasons for disapproval of an application:
(1) Has been convicted of a crime of moral turpitude;
(2) Has made willful misstatements in the application;
(3) Has committed prior violations of ordinances pertaining to transient merchants, peddlers, solicitors, and the like;
(4) Has committed prior fraudulent acts; or
(5) Has a record of past breaches of solicited contracts.
Any license or permit granted under this chapter may be revoked by the Clerk after notice and hearing, pursuant to the standards in § 110.06. Notice of hearing for revocation shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be mailed to the licensee at his or her known address, at least ten days prior to the date set for the hearing.
A license granted under this chapter may be revoked for any of the following reasons:
(A) Any fraud or misrepresentation contained in the license application;
(B) Any fraud, misrepresentation, or false statement made in connection with the business being conducted under the license;
(C) Any violation of this chapter;
(D) Conviction of the license of any felony, or conviction of the licensee of any misdemeanor involving moral turpitude; or
(E) Conducting the business licensed in an unlawful manner or in such a way as to constitute a menace to the health, safety, morals, or general welfare of the public.
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