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HomeMy WebLinkAbout2011-OR-70 Ordinance 2011 -OR- 70 TRANSIENT MERCHANTS AND DOOR TO DOOR SOLICITATION WHEREAS, the Jeffersonville City Council is vested with the power, duty and obligation to enact ordinances and laws that are designed to provide for public safety, health and welfare of the citizens of Jeffersonville, Indiana; WHEREAS, in an effort to protect and assure the public health, safety and welfare the City of Jeffersonville periodically reviews its business regulations to ensure their applicability, safety, fairness and fitness not only for commerce within the City of Jeffersonville, but also for the peace, dignity and safety of the Citizens of Jeffersonville. WHEREAS, the City of Jeffersonville, the council and its subdivisions have the authority pursuant to Indiana law and local ordinance to develop business regulation ordinances, establish business standards that arc promulgated for the purpose of providing for the public health, safety and welfare; WHEREAS, the Common Council wish to Amend Chapter 116 of the Business Regulations Title of the Jeffersonville Code of Ordinances to the following: Section 1. DEFINITIONS. For the purposes of this ordinance the following definitions shall apply unless the context clearly indicates or requires a different meaning. (A) DOOR TO DOOR SOLICITOR- All persons, firms, and corporations, both as principals and agents, who engage in, do or transact any business, and who engage in solicitation for sales of goods, wares services, merchandise, or for charitable contributions by going to the place of residence or place of business, of any person or entity, in an attempt to procure a new client, sale, a charitable contribution or the like. (B) TRANSIENT MERCHANT- (1) All persons, firms, and corporations, both as principals and agents, who engage in, do, or transact any temporary or transient business, either in one locality or in traveling from place to place offering for sale or selling goods, wares, or merchandise or services, and including those who, for the purpose of carrying on such business, hire, lease, or occupy any permanent or mobile building, structure; or real estate for the exhibition by means of samples, catalogues, photographs, and price lists or sale of such goods, wares, merchandise or services. (2) Transient merchant shall not include: (a) An Auctioneer who is licensed under I.C. 25 -6.1. (b) A resident of the county in which the sale takes place who conducts a sale of tangible personal property for no more than four (4) days per calendar year. (c) A person who organizes, sells merchandise, offers to sell merchandise, or exhibits at a trade show, public show, or convention. (d) A person who holds a registered retail merchant's certificate under I.C. 6 -2.5 -8 (e) Any person, individual, copartner, or corporation which grows the goods, wares, ore merchandise which he sells or offers for sale. • (f) Any person who makes crafts or items by hand and sells them, or offers them for sale. (g) An organization that is exempt from the state gross retail tax under LC. 6-2.5- 5-26; or a person who sells or offers to sell merchandise as part of an activity sponsored by such an organization. Section 2. WRITTEN PERMISSION REQUIRED TO SOLICIT ON PUBLIC STREETS It shall be unlawful for any person, firm, corporation, or association to solicit funds or anything of value on the public streets of the city without first having obtained written permission of the Board of Public Works and Safety. The Jeffersonville Fire Department is the only group exempted from this provision. Section 3. ENTRANCE TO PREMISES RESTRICTED. It shall be unlawful for any "Door to Door Solicitor" to enter upon private premises when the same arc posted with a sign stating "No Peddlers Allowed" or "No Solicitations Allowed" or other words to such effect Section 4. REFUSAL TO LEAVE PREMISES Any "Door to Door Solicitor" who enters upon premises owned, leased or rented by another and refuses to leave such premises after having been notified by the owner or occupant of such premises, or his agent, to leave the same and not return to such premises, shall be deemed guilty of a punishable violation. Said penalty shall be in accordance with the penalties described in § 10.99 of the Jeffersonville Code of Ordinances. Section 5 MISREPRESENTATION OF GOODS, WARES, MERCHANDISE, SERVICES OR PURPOSE It shall be unlawful for any "Door to Door Solicitor" to make false or fraudulent statements concerning the quality or nature of his/her goods, wares, merchandise, services, purpose or organization for the purpose of inducing another to purchase the same, or make a contribution. Section 6. HOURS OF OPERATION It shall be unlawful for any "Door to Door Solicitor" to engage in his/her door to door soliciting within the city on Sunday, or before 9 a.m. or after 6 p.m. Monday through Saturday. LICENSING Section '7. LICENSE REQUIRED It shall be unlawful for any "Door to Door Solicitor" to engage in door to door soliciting within the city without first obtaining a license to do so. Section 8. LICENSE APPLICATION The application for a lieetise required by this ordinance shall: • (A) Contain a statement as to whether or not the applicant has been convicted of any felony, misdemeanor, or violation of any state or federal law; the nature of the offense; the punishment or penalty assessed therefor, if previously convicted; and the place of conviction. (B) State whether the applicant, upon any sale, order or request for contribution, shall demand, accept or receive payment, or deposit, of money in advance of final delivery. (C) State the date range the applicant wishes to engage in door to door solicitation within the city (D) state the local, and permanent address of the applicant. (E) State the local, and permanent, address and the name of the person, business, organization or the like the applicant represents. (F) State the kind of goods, wares, merchandise, services or contributions the applicant wishes to engage the residents of the city by soliciting door to door. (G) State the last five (5) cities or towns wherein the applicant has worked door to door before coming to this city. (H) State such other relevant information as may be required for the investigation of the applicant. (I) Said application shall be presented to the Jeffersonville Police Department. Section 9. DRIVER'S LICENSE TO BE PRESENTED AT FILING OF APPLICATION At the time of filing for a license under this ordinance, the applicant shall present his driver's license, or picture ID, if he has one, for copying and attachment with said application. Section 10. FINGERPRINTS; PHOTOGRAPHS At the time of making application for a license required by this ordinance, the applicant shall submit to fingerprinting and photographing. Section 11. LICENSE FEE Before any license shall be issued under the provisions of this chapter, the applicant therefor shall pay a fcc, based upon the duration he/she desires to engage in door to door solicitation in the city as follows: Duration Fee Per day $20 Per week $50 Pcr month $100 Per three months $150 Per six months $200 Per twelve months $300 The following are exempted from having to pay a license fee per under this section: (1) Any person, individual, copartner or corporation listed in Section 1, (B), (2) or (2) Any Charitable, educational or religious organizations which have their principal place of activity in the city. Section 12. BOND REQUIRED The application for a license, required by the provisions of this ordinance, by an applicant engaging in door to door solicitations for the sale of goods, wares, merchandise, services or the like, shall provide a bond in the penal sum of $1,000 signed by the applicant and signed, as surety, by some surety company authorized to do business is this state, conditioned for the final deliver of goods, wares, merchandise or services in accordance with the terms of any order obtained prior to delivery and also conditioned to indemnify any and all purchasers or customers for any and all defects in material or workmanship that may exist in the article sold by the principal of such bond, at the time of delivery, and that may be discovered by such purchaser or customer within 30 days after delivery, and which bond shall be for the use and benefit of all persons that may make any purchase or give any order to the principal on such bond, or to an agent or employee of such principal. Section 13. SERVICE OF PROCESS Before any license shall be issued to any person under this chapter, there shall also be filed with the Clerk of the City, an instrument in writing, signed by the applicant for the license under oath nominating and appointing the Clerk his true and lawful agent, with full power and authority to acknowledge service of notice of process for and on behalf of such applicant. The service of summons in any action brought upon the applicant's bond shall be deemed made when served on the Clerk. Section 14. ISSUANCE OF LICENSE; FORM AND CONTENT OF LICENSE No license shall be issuedby the Jeffersonville Police Department, under the provisions of this chapter, until the applicant shall have complied with all relevant provisions and requirements of this ordinance. The License shall be of the approximate size of a credit card and shall contain in some form the picture of the applicant; the applicant's name; the name of the group, organization, business or the like that the applicant represents; the words "Door to Door Solicitor's License"; the beginning and expiration date of the license; and "City of Jeffersonville, Indiana ". Section 15. LIMITATION ON ISSUANCE No Door to Door Solicitor's license shall be issued to a corporation, partnership, or other impersonal legal entity, rather to each individual person engaging in door to door solicitation within the city, whether acting for himself or as an agent or representative of another. Section 16. DISPLAY OF LICENSE Every person having a license issued under this ordinance shall display said license either on a lanyard worn around their neck or attached by clip to the front of his/her shirt at approximate shoulder height. • Section 17. TERM OF LICENSE Every license issued under the provisions of this ordinance shall be valid for the period of time stated there, but in no event shall any such license be issued for a period of time in excess of 12 months. Section 13. LICENSE REVOCATION Any license issued under this ordinance may be revoked for the violation by the permittee of any applicable provisions of this ordinance, any state law or city ordinance or code. Upon such revocation, such license shall be immediately surrendered to the Jeffersonville Police Department. This Ordinance shall be in full force and effect 90 days after its passage by the Jeffersonville City Council. Vo F r: Voted Against: 7 r Ir ,r . f Passed this ( day of 1 i mas Galligan, Mayor , - Attest: ah :,.. La1 .0cm Pe.. ¶ Srt) der, City Clerk Treasurer Presented by me, Peggy Wilder, the City Clerk - Treasurer, to the Mayor of the City of Jeffersonville, Indiana on this Ina' day of inM (ye¢J , 2011. Peggy ' ' - r, Clerk - Treasurer This Ordinance signed napproved b Thomas Galligan, Mayor of the City of Jeffersonville, Indiana this 1 / day of 2011. ,. _.a . fl - r Thomas Galligan, Mayor