§ 113.16 EXEMPTION.
   (A)   The requirements of a license under § 113.15 and payment of a fee under § 113.17 do not apply to the following described persons or selling activities:
      (1)   Sales by manufacturer's representatives or wholesale distributors to businesses, governmental entities, institutions and like non-residential establishments, of commodities for use or consumption in the course of that establishment's activities.
      (2)   Sales to dealers, for resale, by commercial travelers or selling agents.
      (3)   Receivers appointed by a court in this state making sales for the benefit of creditors.
      (4)   Sales by public officers as authorized by law.
      (5)   Sales or activities conducted exclusively by or in support of a nonprofit charitable, educational, religious, scientific or civic organization, without benefit of private profit or gain by the person conducting the sale or activity.
      (6)   Seasonal retail establishments such as fruit and vegetable stands, which normally conduct business for a continuous period of at least 90 days during the year from a fixed location.
      (7)   Selling, limited to goods, wares, fruits and merchandise, conducted by honorably discharged veterans of foreign wars exempt from municipal licensing requirements under IC 10-5-12-1 or IC 10-5-13-1, subject to the provisions of § 113.18.
      (8)   Sale of newspapers, dairy products or similar commodities provided and delivered through a regularly established and direct route delivery system.
      (9)   Temporary sales by a person of his or her own used or surplus personal property which was not originally acquired for the purposes of resale.
      (10)   Visiting a residence or business establishment by prior invitation or appointment arranged in any manner not requiring a license under § 113.15, for the purpose of selling or promoting a commodity.
   (B)   Any person purportedly conducting business activities without a license under an exemption provided by this section shall have the burden of proof that his or her activities are bona fide and eligible for exemption hereunder. The fact that any person is exempt from the town transient vendor/solicitor license requirement under this section does not imply that person is necessarily exempt from any county, state or federal license requirements which may also and incidentally apply to that person's activities.
('85 Code, § 3-2-4) (Ord. 1985-C14, passed 9-16-85)
Editor’s note:
   IC 10-5-12-1 and IC 10-5-13-1 were repealed by P.L. 2-2003, Sec. 102.