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The following terms shall have meanings ascribed in this chapter.
APPLICANT. Any solicitor or sponsor on whose behalf one or more individual solicitors pursue house-to-house activities.
CORPORATE LIMITS. Include the Town Service District and the Rural Service District of the town.
EXEMPT PERSONS. Include the following:
(1) An individual while and to the extent he or she is engaged in protected political speech or activity;
(2) An individual while and to the extent he or she is engaged in protected religious speech or activity;
(3) An individual engaged in the solicitation of funds and/or the sale of cookies, candies, paper products or similar sundries for and on behalf of a not-for-profit organization or association that is exempt from the Indiana Gross Retail Tax;
(4) An individual who, due to the applicable federal or state law, is exempt from local licensing requirements. These individuals shall follow the established hours, manner, and restrictions, in which house-to-house soliciting may be conducted within the city.
HOUSE-TO-HOUSE SOLICITATIONS. Include all methods and means of soliciting funds and/or of selling commercial products, services or property within the corporate limits of the town ("town"), by and through the uninvited in-person solicitation of town residents on private property.
VENDOR. A person, partnership, corporation, company, organization or entity who is not an exempt person and who is engaged in the selling, peddling, marketing for future sales, merchandising or brokering of products, services or property to the general public for a commercial purpose and/or who is engaged in the solicitation of funds.
VENDOR SOLICITOR. Any individual licensed as a solicitor and employed by a vendor and shall include both commercial and non-commercial solicitors.
(Ord. 2023-15, passed 9-5-2023)
It shall be unlawful for any vendor solicitor to engage in house-to-house solicitation in the corporate limits of the town ("town"), unless such vendor solicitor shall have first secured a license from the ZPD and issued pursuant to § 110.08 below. The requirement for a license is for each vendor solicitor employed by a vendor who will conduct business within the corporate limits of the town.
(Ord. 2023-15, passed 9-5-2023)
Each vendor who wishes to conduct business within the corporate limits of the town shall complete an application on the form(s) provided by the ZPD and pay the license fee as hereinafter required. The following minimum requirements shall:
(A) Any vendor who desires to engage in house-to-house solicitation shall first obtain from the ZPD a non-transferable house-to-house solicitation license ("license") permitting such activity by vendor and vendor solicitor, employees and agents; and
(B) If the vendor intends to sell or offers to sell any type of food or beverage, the ZPD shall refer the application to the Boone County Health Department for review and recommendation. The review shall include, at a minimum, an inspection of all refrigeration equipment to be used by the vendor, vendor solicitor, employees and agents and shall ensure that minimum sanitation requirements established by state and local law are met; and
(C) The ZPD shall provide any person, upon request, a house-to-house vendor application form ("application") to be completed by the vendor for each vendor solicitor engaging in house-to-house solicitation and submitted to the ZPD for review and approval by the Chief of Police, or his or her designee.
(Ord. 2023-15, passed 9-5-2023)
(A) Each vendor shall pay one of the following:
(1) Ten business day permit fee is as set forth in the town fee schedule incorporated by reference in § 34.04; or
(2) Thirty (30) business day permit fee is as set forth in the town fee schedule incorporated by reference in § 34.04; or
(3) One hundred twenty (120) business day permit fee is as set forth in the town fee schedule incorporated by reference in § 34.04; and
(4) An additional non-refundable license fee for each vendor solicitor application is as set forth in the town fee schedule incorporated by reference in § 34.04; and
(5) An non-refundable criminal history fee for each vendor solicitor conducting activities on its behalf upon completing an application for a license pursuant to this chapter is as set forth in the town fee schedule incorporated by reference in § 34.04.
(B) All funds shall be deposited into the Fund 271 for use by the ZPD to offset the cost of administering this program and enforcing these requirements. Upon denial of any application, the license fees, but not the processing fee, shall be refunded to the applicant.
(Ord. 2023-15, passed 9-5-2023)
(A) The application for a license required by this chapter shall be acknowledged by or on behalf of the applicant, made to the ZPD, and shall contain such information as it might require, including the following information:
(1) The telephone number and address of, and name under which, the business is to be conducted or the organization on behalf of which the commercial solicitation is to be conducted;
(2) The name and address of the applicant;
(3) A description of the business to be conducted, goods or property to be sold, or purpose of the commercial solicitation; and
(4) The duration of the business or commercial solicitation to be conducted.
(5) General information about the vendor, vendor's business and nature of vendor's proposed house-to-house solicitation. The applicant shall provide the following information:
(a) The date of incorporation of vendor's company; and
(b) The state of incorporation of vendor's company; and
(c) The date on which such corporation was qualified to transact business as a foreign corporation in Indiana if vendor's company was not incorporated in Indiana.
(6) The vendor and each vendor solicitor shall provide the following:
(a) A valid government issued photo ID; and
(b) A signed release authorizing the ZPD to run a national criminal history check report. Each applicant is required to obtain a criminal background check which shall be completed by the ZPD and kept on file during the permit period; and
(c) If the vendor solicitor is a minor, a copy of a work permit issued by the State of Indiana.
(7) If a vendor or vendor solicitor has a criminal arrest record, the Chief of Police may require the vendor or vendor solicitor to deliver an official copy of any records related to the arrest and/or conviction, and may include other documents in the request including but not limited to a police report, court records or protection order. The Chief of Police, in his or her sole discretion, may deny an application based on a record of arrest or conviction.
(8) The name, address, and telephone number of the contact person who will respond on behalf of the vendor to consumer complaints and be available for a period of time not less than 60 calendar days following the last date that the vendor or vendor solicitor engages in house-to-house solicitation in the town.
(B) The decision as to whether an application is approved or denied shall be made by the Chief of Police, or his or her designee, within 30 calendar days from the date the application is submitted to the Police Department for processing unless the Chief of Police requests additional information from the vendor or a vendor solicitor. Each vendor solicitor shall be required to complete an application to be kept on file by the D for the time period that the commercial solicitation shall be conducted. The Chief of the Police Department or his or her designee(s) shall make the decision as to whether an application is approved or denied.
(Ord. 2023-15, passed 9-5-2023)
It shall be unlawful for any vendor or vendor solicitor to commit any of the following acts:
(A) Solicit from any person after that person has stated that he or she is not interested in the solicitation, does not wish to be solicited or does not wish to buy from or contribute to the cause for which the solicitation is being conducted, which shall include any individual property listed on the town's do not solicit list;
(B) Solicit contributions by misrepresentation of his or her name, occupation, relation to the cause solicited for, or perpetrate any fraud or deception in connection with any solicitation for any cause;
(C) Solicit funds by promising a person solicited that his or her funds will, directly or indirectly, be used to purchase tickets for any event which tickets will be given to another person for charitable purposes, unless the donor gives his or her written approval for said use and the tickets are in fact given to another person for a benevolent cause and the value of the tickets is not reflected in any financial report to increase the gross or net income of the solicitation;
(D) Solicit at any location where a sign has been posted which indicates that the inhabitants do not wish to be solicited; and
(E) Refuse or fail to comply with any requirements established for a solicitor by this chapter.
(Ord. 2023-15, passed 9-5-2023)
No person shall engage in a direct and in-person solicitation under a license granted pursuant to this chapter unless each such person shall have in his or her possession:
(A) A valid license issued pursuant to this chapter; and
(B) One of the following:
(1) A valid driver's license; or
(2) A valid non-driver's state issued identification card.
(Ord. 2023-15, passed 9-5-2023)
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