(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.