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HomeMy WebLinkAbout07)Title 11 Business Regulation· rr£,.l~ XI: B~ REGULATIONS Chapter 110. AMUSEMENTS 111. ICB CREAM VENDORS 112. M~SAGE PALORS 113. PRECIOUS METAL 'I'RAN~ACTIONS 114. SECONDHAND DF_,ALI/ll~ AND PAWNBROIi~.a~ 115. TAIfl(IABS 116. TRANSIENT 117. STEAMBOAT DAr~ FESTIVAL AND RIVERFRONT FESTIVAL 118. CONCESSIONAIRES 2 Jeffersonv~le - Bus/ness Regu~ns Section 110.01 Docking of gambling riverboats Poolrooms, ~,wi,,rl Parlor~ 110.10 License required 110.11 Application 110.12 Annual fee 110.13 Expiration 110.14 Hours of operation § 110.01 DOCKING OF GAMBLING RIVERBOATS. It is ordained by the Common Council of the city, pursuant to IC 4-33-6-18 and IC 4-33-6-19 that riverboats shall be permitted to dock in the city and Clark County. It is further ordained that the location of the home dock of any such riverboat(s) shall be in the city. (Ord. 93-OR-47, passed 7-20-93) § 110.10 LICENSE REOUIRED. It shall bo unlaw'~ul for any person to operate a poolroom or billiard parlor for gain withOut a license issued by the Clerk-Treasurer. ('77 Code, § 3-23) (Ord. 1113, passed 3-6-39) Penalty, see § 10.99 § 110.11 APPI~ICATION. Any person desiring the license required by the provisions of this subchapter shall apply in writing to the Clerk-Treasurer, upon a form to be furnished by the Clerk-Treasurer, giving on the application such information as, in the judgment of the Clerk-Treasurer, is reasonably necessary to determine whether the license should be issued. ('77 Code, § 3-24) 3 4 Jet[araonvllle - Busine~ R~u.lations § I10.11~ ANI~O'AL The annual fee to be paid by an applicant for the license required by the provisions of this subohapter shall be $10 for each pool table in the establishment which the license is for. ('77 Code, § 3-25) (Ord. 1113, passed 3-6-39) § 110.13 ~,I~IRATION. The license required by the provisions of th/s subchapter shall expire at the end of each calendar year. ('77 Code, § 3-26) § 110.14 HOURS OF OPIiIRATION. It shall be unlawful for any person to conduct or operate a poolroom or billiard parlor for gain between the hours of 12:00 midnight and 5:00 a.m. ('77 Code, § 3-16) (Ord. t113, passed 3-6-39) Penalty, see § 10.99 CHAP'r.~.~ llh ICE CEEAMVENDORS Section 111.01 111.02 111.03 111.04 111.05 111.06 License required License application License fee Display of license Term of license Health certificate required § 111.01 LICENSE Any person who sells ice cream, ice cream cones, ice cream packages, ice cream sticks, or other related items direct to individual consumers from any vehicle shall hold a license issued by the Clerk- Treasurer. ('77 Code. § 9-16) (Ord. 148L passed 7-7-58) Penalty, see § 10.99 § 111.Ol LICENSE APPLICATION. Any person desiring the hcense required by the provisions of this chapter shall apply to the Clerk- Treasurer upon a form supplied by the Clerk-Treasurer, giving such information on the application as may be required by the Clerk-Treasurer to issue the license. ('77 Code, § 9-17) § 111.03 LICENSE y~-'~-:. The owner of a vehicle from which the activity licensed by the prov~ions of this chapter ~s conducted shall pay to the Clerk-Treasurer the sum of $10 upon issuance or renewal of the license. ('77 Code, § 9-18) (Ord. 1481, passed 7-7-58) § 111.04 DISPLAY OF LICENSE. The license required by the provisions of this chapter shall be displayed upon the vehicle which it is for by the owner of the vehicle. ('77 Code, § 9-19) (Ord. 1481, passed 7-7-58) Penalty, see § 10.99 5 6 Jell,monrOe - Businem P,e~lations § 111.0~ 'r~:~ OF LICENSE. AU licenses issued pursuant to the provisions of this chapter shall be valid during the calendar year in which issued with all such licenses expiring on January 1 of each year. ('77 Code, § 9-20) (Ord. 1481, passed 7-7-58) Every person making an actual sale of merchandise which is covered by the provisions of this chapter shall secure from the County Board of Health a certificate showing themselves to be free of any communicable disease, and such certificate shall be carried at all times. ('77 Code, § 9-21) (Ord. 1481, passed 7-7-58) Penalty, see § 10.99 112: MASSAGE PARLOI~S Section 112.01 112.02 112.03 112.04 112.05 112.06 112.07 112.08 112,09 112.10 112.11 112.12 112.13 Definitions License required License application; fee Certain information required Facility requirements Issuance of license; denial; appeals Display of license Change of location; fee Employees to be licensed Inspection License revocation; grounds for revocation Implementation of provisions Exemptions 112.99 Penalty § 112.01 D~4~-iNi'i'iONS. For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning. .M~,~,AO'E. The practice of a profession, scientifically applied to the patient by the operator's hands. /%,r_~.~AO~ ES~/'.;I~~. Any place of business wherein massage as to all, or any one or more of subjects and methods of treatments, as defined in this section, is administered or used. .lt, r_,~.~ ~/~'. Any person who practices or administers as to all or any of the following named subjects, and who has made a study of the underlying principles of anatomy and physiology as generally included in a regular course of study by a recoguised and approved school of massage, to-wit: The art of body masS~ge either by hands, or with a mechanical or vibratory apparatus for the purpose of body massaging, reducing, or contouring; the use of oil rubs, heat lamps, salt blows, hot and cold packs, tub, shower employed: Touch, glows, hot and cold packs, tub, shower or cabinet baths. Variations of the following procedures are employed: Touch, stroking, friction, kneading, vibration percussion and medical gymnastics. ,1%'~;1~ T/{EP,~.~T~ shall not diagnose or treat classified diseases, nor practice spinal or other joint manipulations, nor prescribe medicines or drugs. ('77 Code, § 10.5-1) (Ord. 76-OR-9, passed 4-26-76) 7 8 Jef~rsonvflle - B,,~-ess Re~lat~ons § 11~..02 LIO~:kmISE (A) It shall be unlawful for any person to engage in the practice, or attempt to practice, massage, whether for a fee or gratuitously, to conduct massage, without a license issued pursuant to the provisions of this chapter. (B) h shall be unlawful for any person to operate or conduct any massage establishment which does not conform to the sanitary provisions herein contained, or to employ any person as a massage operator who does not hold a license. ('77 Code, § 10.5-2) (Ord. 76-OR-9, passed 4-26-76) Penalty, see § 112.99 § 11~,.0~ LICENSE (A) Any person desiring to obtain a license to operate a massage establishment or to perform massage services shall make application to the Treasurer, who shall refer all such applications to the Chief of Police for an appropriate investigation. (B) Each application shall be accompanied by a license fee of $I00. ('77 Code, § 10.5-4) (Ord. 76-OR-9, passed 4-26-76) § 11~..04 CERTAIN INFORMATION i~,.EQIYlRED. An applicant for a license shall submit the following information: (A) Full name and current address; (B) The two previous addresses of the applicant immediately prior to the current address; (C) Written statements of at least three bona fide residents of the city that the applicant is considered of good moral character; (D) Written proof that th~ applicant is over the age of 18 years; (E) Applicant's height, weight, and color of eyes and hair; (F) Two current photographs at least two inches by two inches in size; (a) The business, occupation, or employment of the applicant for the three years immediately preceding the date of the application; (H) The massage or similar business license history of the applicant, including whether such person, in previous operation, in this or another area, has had his license revoked or suspended, the reason therefor, and any business activity or occupation subsequent to the action of suspension or revocation; (I) All convictions and the grounds therefor; Ma~mge Parlors (D A certificate from a medical doctor designating that the applicant has. within 30 days humediately prier thereto, been examined and found to be free of any contagious er communicable disease; (K) Applicant must furrdsh a diploma or certificate of graduation from a recognized school or other institution of learning wherein the method, profession, and work of massage therapists is taught. (1) The term F,E~OO~,~×,-:~J $C'HOO/~ shall mean and include any school or institution of learning which has for its purpose the teaching of the theory, method, profession, or work of massage therapists, which school requires a resident course of study of not less than 1,000 hours to be given in not less than six calendar months before the student shall be furnished with a diploma or certn'icate of graduation from such school or institution of learning showing the successful completion of such course of study or learning. (2) The license registrar shall maintain a public ~ist ~f a~~ massage sch~~~s appr~ved f~r ~icense applicants, first verifying in each instance the fact that the curriculum of such school meets the minimum standards hereunder. Schools offering correspondence courses and not requiring actuaJ class attendance shall not be deemed recognized schools. The reg~trar shall have the right to confirm the fact that an applicant has actually attended classes and matriculated in a recognized school. ('77 Code, § 10.5-5) (Ord. 76-OR-9, passed 4-26-76) § 11~.08 FACILITY REOUIREMENTS. No license to conduct a massage establishment shall be issued unless an inspection discloses that the establishment complies with each of the following minimum requirements: (A) A readab~e sign shall be p~sted at the main entrance identifying the estab~ishment as a massage establishment, provided, also that all such signs shall otherwise comply with the general sign requirements of the building code. (B) Minimum lighting shall be provided in accordance with the uniform building code, and, additionally, at least one artificial light of not less than 40 watts shall be provided in each enclosed room or booth where massage services are being rendered. (C) Minimum ventilation shall be provided in accordance with the uniform building code. (D) Adequate equipment for disinfecting and sterilizing any instruments used for massage shall be provided. (E) Hot and cold running water shall be provided. (F) Closed cabinets shall be utilized for the storage of clean linen. (G) Adequate dressing and toilet facilities shall be provided for patrons. (H) All w~l~ ceilings, floors, steam rooms, and all other physical facilities for the establishment shall be kept in good repair, maintained in a clean and sanitary condition. 10 Jet~'~onvflle - Business Re~l~lations (I) Clean and sanitary towels and linens shall be provided for patrons receiving massage services. No common use of towels or linens shall be penuitted. ('77 Code, § 10.5-6) (Ord. 76-OR-9, passed 4-26-76) Penalty, see § 112.99 § 112.06 ISSUANCE OF LICENSE; DENIAL; APPEALS. (A) Upon payment of the application fee, submitting of all information required by application, and upon proper inspection, a license shall be granted immediately if all requirements described herein are met, unless it appears that any such applicant has deliberately falsified the application or the record of such applicant reveals a conviction of a felony or a crime of moral turpitude. (B) Any person denied a license pursuant to these provisions may appeal to the Board of Public Works and Safety in writing stating reasons why the license should be granted. The Board may grant or deny the appeal. (C) All licenses issued hereunder are nontransferable; however, a change of location of a massage establishment may be permitted pursuant to the provisions in § 112.08. ('77 Code, § 10.5-7) (Ord. 76-OR-9, passed 4-26-76) § 112.07 DISPI,,AY OF LICIENS~... Every person to whom a license shall have been granted shall display the license in a conspicuous place. ('77 Code, § 10.5-8) (Ord. 76-OR-9, passed 4-26-76) Penalty, see § 112.99 § 112.08 CHANGE OF LOCATION; l-',-.'~-'. A change of location of the massage premises shall be approved by the Chief of Police, provided all general ordinances are complied with and the change of location fee of $50 is first paid. ('77 Code, § 10.5-9) (Ord. 76-OR-9, passed 4-26-76) § 11~..09 EMPr.oYEES TO BE LICENSlm. It shall be the responsibility of the holder of the license for a massage establishment to insure that each person employed as a massage therapist shall first have obtained a valid license pursuant to this chapter. ('77 Code, § 10.5-10) (Ord. 76-OR-9, passed 4-26-76) Penalty, see § 112.99 § 112.10 INSPECTION. At least twice each year, an inspection of each massage establishment may be made for the purpose of determining that the provisions of this chapter are met. ('77 Code, § 10.5-11) (Ord. 76-OR-9, passed 4-26-76) § 112.11 LI~;~E REVOCATION; GROUNDS FOR P,E'VOCATION. (A) License revocation. (1) No license shall be revoked until after due notice and a hearing has been held before the Board of Public Works and Safety to determine just cause for such revocation. Notice of such hearing shall be g/yen in writing and served at least ten days prior to the date of the hearing thereon. The notice shall state the grounds of the complaint against the holder of such license, and shall designate the time and place where such hearing will be had. (2) The notice shall be served upon the license holder by delivering the same personally or by leaving such notice at the place of business or residence of the license holder in the custody of a person of suitable age and discretion. In the event the license holder cannot be found, and the service of such notice cannot be othenvise made in the manner herein provided, a copy of such notice shall be mailed, registered postage fully prepaid, addressed to the license holder at his place of business or residence at least ten days prior to the date of such hearing. ('77 Code, § 10.8-12) (B) The license of a massage therapist may be revoked upon one or more of the following grounds: (1) That the holder is guilty of fraud in the practice of massage, or fraud or deceit in his being licensed to the practice of massage. (2) That the holder has been convicted in a court of competent jurisdiction of a felony. The conviction of a felony shall be the conviction of any offense which, ii committed within this state, would constitute a felony under the laws thereof. (3) That the holder is engaged in the practice of massage under a false or assumed name, or is impersonating another practitioner of a like or different name. (4) That the holder is addicted to the habitual use of intoxicating liquors, narcotics, or stimulants to such an extent as to incapacitate such person for the performance of his professional duties. (5) The the holder is guiltY of fraudulent, false, misleading, or deceptire advertising, °r that he prescribes medicines, drugs, or practices any other licensed profession without legal authority therefor. (6) That the holder is guilty of willful negligence in the practice of massage, or has been guilty of employing, aliowing or perraitting any unregistered person to perform massage in his establishment. ('77 Code, § 10.5-13) (Ord. 76-OR-9, passed 4-26-76) § 112.12 IMPLEMENTATION OF PROVISIONS. Any person who is a resident of the city, is actually engaged in the practice of massage, who has therein practiced the profession three years or more or served as an apprentice three years at any place within the state, or who has a diploma from an approved school of massage as defined in § 112.04(K), at the time of final passage of this chapter, or who is eligible for membership in the American Massage and Therapy Association (also called A.M.T.A.) shall be granted a license as a state registered massage therapist, without first having met the other requirements of this chapter, except as to physical conditions 12 Jet~elaonville - Business Regulations and adequacy of facilities, upon payment of the prescribed fee. Such person shall have one year from the effective date of this chapter to so qualify. ('77 Code, § 10.5-14) (Ord. 76-OR-9, passed 4-26-76) § 118.13 E~MPTIONS. The requirements of this chapter shall have no application and no effect upon and shall not be construed as applying to physicians, surgeons, chiropractors, osteopaths, or a registered nurse working under the supervision of a physician, surgeon, chiropractor, or osteopath duly licensed to practice their respective professions in this state. Practical nurses or other persons without qualifications as massage therapists, whether employed by physicians, surgeons, chiropractors, or osteopaths or not, may not render massage or massage procedures. ('77 Code, § 10.5-3) (Ord. 76-OR-9, passed 4-26-76) Any person who shall violate any of the provisions of this chapter shall, upon conv/ction, be freed not more than $2,500. ('7? Code, § 10.5-16) (Ord. 76-OR-9, passed 4-26-76) ~-IAP'r~:at I15: PRECIOUS METAL TI~NSACTIONS Section 113.01 Definitions 113.02 Approval 113.03 Bill of sale 113.04 Reports 113.05 Holding period 113.06 Exemption 3.99 Penalty § 113.01 D~-'~rrxON~. For the purpose of this chapter the following del'tuitions shall apply unless the context clearly indicates or requh-es a different meaning. PI~EOIOUS ~A~. Any gold, sffver, or platinum, in any shape, form, or use. .P./~'~OU~.~/'~ D.E~M~,.. Any individual, firm, corporation, or partnership engaged in the business of purchasing and reselling precious metal at a permanently established place of business or in connection with a business of an itinerant nature. (Ord. 81-OR-27, passed 8-3-81; Am. Ord. 84-OR-12, passed 2-13-84) § 113.0~ APPROVAL. No person, fhum, corporation, or partnership or association shall engage or continue to engage in the business of buyhug and selling precious metals except as authorized by this chapter without having first obtained approval from the Board of Public Works and Safety. (Ord. 81-OR-27, passed 8-3-81; Am. Ord. 84-OR-12, passed 2-13-84) Penalty, see § 113.99 § 115.03 BILL OF SALE. ~f the precious metal dealer, in the conduct of business, purchases any articles from a seller, the purchase shall be evidenced bY a bill of sale properly signed by the seller. All bills of sale shall be in triplicate and contain the following: (A) The date of the sale. (B) Amount of consideration. 13 14 Je~rao~ - Buaine~ Regulations (C) Name of licensee. (D) Description of articles sold. (~..) Signature of the seller. (F) Address of the seller. (Ord. 81-OR-27, passed 8-3-8l; Am. Ord. 84-OR-12, passed 2-13-84) § 113.04 RI~POR'I'S. At the close of each business day in which the licensee has purchased precious metals, the licensee shall send a copy of the bills of sale to the Chief of the Police Department. (Ord. 81-OR'27, passed 8-3-81; Am. Ord. 84-OR-12, passed 2-13-84) § I13.08 HOLDING PERIOD. All precious metals purchased by a dealer shall be held by .the dealer for ten business days after the purchase before the precious metals are sold or otherwise disposed of by the dealer. (Ord. 81-OR-27, passed 8-3-81; Am. Ord. 84-OR-12, passed 2-13-84) § 113.06 EXt~MP'I'ION. The provisions of this chapter shall not apply to the purchase from persons, fu"ms, or corporations regularly engaged in the business of manufacturing precious metals, the business of selling precious metals at retail or wholesale, to the purchase of one dealer from another if such person, firm, er corporation at the time of purchase provides each purchaser with a bill of sale or other written evidence of title to the precious metal. (Ord. 81-OR-27, passed 8-3-81; Am. Ord. 84-OR-12, passed 2-13-84) § 113.99 PENALTY. It shall be unlawful for any individual, f'n-m, corporation, or partnership to de any act forbidden or to fail to perform any act required by this chapter and on conviction of the violation of this chapter, the ind/vidual, firm, corporation, or par~nemhip shall be subject to a flue of not more than $2,500. In addffion to any fine which may be imposed, any violation of this chapter shall be grounds for the Board of Public Works and Safety to review its approval and to withdraw approval at its discretion. (Ord. 81-OR-27, passed 8-3-81; Am. Ord. 84-OR-12, passed 2-13-84) CHAP'r~:~i 114: SECONDHAND DF:,AI~ AND PAWNBROKERS Section 114.01 114.02 Keeping records required; inspection of records Purchases of secondhand goods from minors § 114.01 I~,':,':,~ING RECORDS REOUIRED; INSPEC?ION OF RECORDS. (A) All secondhand dealers and pawnbrokers shall keep a register, and enter therein every purchase made and pawn taken by them in their line of business. Such register shall contain the name of the person from whom the article is purchased or by whom the pawn is made, together with the name of the article and the price paid therefor or sum given thereon. (B) Such register shall be open for inspection by the Police Department. ('77 Code, § 12-4) (Ord. 1112, passed 3-6-39) Penalty, see § 10.99 § 114.0~. PURCHASES OF SECONDHAND GOODS FROM MINORS. It shall be unlawful for any person to purchase any secondhand furniture, machinery, equipment, tools, or other thing of value, directly or indirectly, or to trade, barter, or exchange for any secondhand furniture, machinery, equipment, tools, or other thing of value, from or with any person under the age of 18 years, without the written consent of the parent or guardian of such minor to such sale. However, if such minor has neither parent or guardian, the written consent of a responsible county resident to the effect that he has personal knowledge that the material to be sold is the property of the minor and that it is not stolen property shall be sufficient compliance herewith. ('77 Code, § 12-5) (Ord. 1546, passed 12-5-60) Penalty, see § 10.99 15 16 Je~ - B~ Re~l~ions CH~'r~:~ 115: T~ICABS S~ction 115.01 Definition 115.15 115.16 115.17 115.18 115.19 115,20 115.21 115,22 115.23 115.24 115.25 115.26 115.27 License required License application; information required License fee Number of licenses issued Condition of vehicle as prerequisite tc license issuance Insurance required License plate License expiration date Rates and charges Taximeter required; maintenance and inspection Allowing operation by unlicensed driver prohibited Investigation of complaints License revocation 115.35 115.36 115.37 115.38 115.39 115.40 118.41 ]15.42 115.43 115.44 Driver's license requked License application; information required License fee Conditions to be met for license issuance Minimum age Fingerprinting and photographs of applicant for license License term Display of license Revocation of hcense Conduct of drivers 115.99 Penalty Securing services of ta:dcab with intent to defraud, see § 130.07 17 18 Je~onville - Busineea Regulations § 118.01 DEFINn'ION. For the purpose of this chapter the following definition shall apply unless the context clearly indicates or requires a different meaning. t~.,~l~-,~. A vehicle driven by mechanical power which is designed to carry not more than sewn passengers and is for public hire within the city. ('77 Code, § 18-1) (Ord. 1150, 1:~-~-~ 12-1-41) § 118.18 LICENSe'.. REQUIRED. It shall be unlawful for any person to operate a taxicab without a license issued by the Board of Public Works and Safety. ('77 Code, § 18-2) (Ord. 1150, passed 12-1-41; Am. Ord. 1309, passed 12-27-50) Penalty, see § 10.99 § 115.16 LIu/r. iRSE APPLICATION; INFORMATION REOLrI~n. All applications for licenses for taxicabs for hire shall be made by the owner of the cab to the Board of Public Works and Safety upon blanks to be furnished by the Bbard and the application shall conta/n the full name and address of the cab owner, the length of time the vehicle has been in use, the number of persons it is capable of carrying, the model, serial number, and motor number of the vehicle. ('77 Code, § 18-3) (Ord. 1150, passed 12-1-41) Any person applying for the issuance or the renewal of a taxicab license shall pay to the Clerk- Treasurer a fee of $70 if the license is to be for the first taxicab that he is licensing with the city; for each subsequent taxicab such person shall pay the sum of $5 per vehicle. The Board of Public Works and Safety shall consider each application or renewal and shall inform theClerk-Treasurer of its decision to issue or deny each issuance or renewal. ('77 Code, § 18-4) (Ord. 1150, passed 12-1-41; Am. Ord. 85-OR-68, passed 1-6-86) Penalty, see § 115.99 § 115.18 NUI~IER OF MCENSIES )Ssi,rED. The number of taxicab licenses issued by the Board of Public Works and Safety shall be based upon the public convenience and necessity for such taxicabs, but the maximum number of such licenses to be issued shall be 30, of which no more than 15 shall be issued .to any one person. ('77 Code, § 18-8) (Ord. 1180, passed 12-1-41; Am. Ord. 1309, passed 12-27-50; Am. Ord. 1351, passed 12-1-82; Am~ Ord. 7t-OR-14, passed 10-4-71; Am. Ord. 88-OR-68, passed 1-6-86) Penalty, see § 115.99 ~ 19 § 115.19 CONDITION OP' VEHICLE AS Pi~REO~ '1'O LICENSE ISSUANCE. A taxicab license shall be issued only if the vehicle meets all State and Federal requirements for vehicle safety and emission control. ('77 Code, § 18-6) (Ord. 1150, passed 12-1-41; Am. Ord. 85-OR-68, passed 1-6-86) Penalty, see § 115.99 § 115,20 INSURANCE REQUIRED. (A) The owner of each taxicab shall obtain an insurance policy from an insurance company doing business in this state which shall provide for automobile l~lity insurance coverage in the amount which is required by the state for such commercial taxicab operators. (B) The applicant for a taxicab license shall provide proof of insurance to the Clerk-Treasurer before the Clerk-Treasurer may issue a license to that owner/operator. ('77 Code, § 18-7) (Ord. 1309, passed 12-27-50; Am. Ord. 85-OR-68, passed 1-6-68) Penalty, see ~ 115.99 § 118.21 LICENSE PLATE. A taxicab license shall be in the form of a license plate which shall be displayed on the rear of the taxicab when the vehicle is in use as such. The plates shall be provided by the Clerk-Treasurer in the form which he shall deem appropriate. ('77 Code, § 18-8) (Ord. 1150, passed 12-1-41; Am. Ord. 85-OR-68, passed 1-6-86) Penalty, see § 115.99 § 115.22 LICENSE EXPII~A'I'ION DATE. All taxicab licenses shall expire on December 31 of each year. ('77 Code, § 18-9) (Ord. 1150, passed 19.-1-41) § 115.9.3 I~ATES AND CHAR~'ES. (A) The rates to be charged by taxicabs for service to passengers shall be as fellows: (1) There shall be a charge of $2.25 for each meter pull. (2) There shall be a charge of $1 per mile with a $3 minimum charge per trip. (3) Delivery for items of any particular business outside the corporate limits shall be chargeable at a rate of $2 for the items delivered, plus $1 per rrdle travel with a $3 minimum and also subject to the $2.25 meter pull. (B) In addition, the taxicab shall be entitled to charge $.20 for each rainute of waiting time; previded, however, that such time shall not be charged unless the passenger has requested the taxicab to wait for him. (C) The Cab Service of Jeffersonvllle and New Albany, Inc. shall offer a discount to all senior citizens for tsxicab services upon request of the senior citizens. ('77 Code, § I8-10) (Ord. 1180, passed 12-1-41; Am. Ord. 78-OR-9, passed 4-3-78; Am. Ord. 79-OR-4, passed 1-8-79; Am. Ord. 84-OR-48, passed 6-6-84; Am. Ord. 85-OR-68, passed 1-6-86; Am. Ord. 88-OR-14, passed 6-6-88) Penalty, see § 115.99 § 115.24 TA~ME'r~ REQUIRED; MAII~'£~IANCE AND INSPECTION. (A) Every taxicab shall be equipped with a taximeter which shall be properly adjusted to reflect the rate SChedule currently in effect. ('77 Code, § 18-11) (B) All taximetem shall be maintained in good working order and shall be subject to inspection by the Board of Public Works and Safety. ('77 Code, § 18-12) (Ord. 1150, passed 12-1-41; Am. Ord. 1309, passed 12-27-50; Am. Ord. 1358, passed 5-4-53; Am. Ord. 1586, passed 9-10-62) Penalty, see § 10.99 § 118.28 ALLOwiNG OPERATION BY UNLICENSED DILrw:;~ PROHIBI'I'~.', ~. No owner or operator of any taxicab shall permit any person who does not have an appropriate and valid chauffeur's license to operate a taxicab. ('77 Code, § 18-13) (Ord. 1150, passed 12-1-41; Am. Ord. 85-OR-68, passed 1-6-86) Penalty, see § 115.99 § 115.26 INVBSTIGATION OP' COMPLAINTS. Any person who is aggrieved by the conduct or action of any tax~cab driver or taxicab owner in the operation of such taxicab, may present a complaint to any police officer, and the Police Department shall then promptly investigate such complaint and take appropriate actions. ('77 Code, § 18-15) (Ord. 1150, passed 12-1-41) § 115.27 LICENSE RE'VOCATION. A taxicab license may be suspended or revoked by the Mayor if the taxicab, with the knowledge and consent of the owner, is used for, or the driver, with the knowledge and consent of the onwer, is engaged in any immoral or illegal business in violation of any ordinance or state or federal law. ('77 Code, § 18-16) (Ord. 1150, passed 12-1-41) § 115.35 DRIV~'S LICI~NSE (A) No person shall drive a taxicab without a taxicab driver's license issued by the Beard of Public Works and Safety. ('77 Code, § 18-28) (Ord. 1150, passed 12-1-41; Am. Ord. 1477, passed 7-7-58) (B) No perSOn shall be issued or hold a taxicab driver's license unless sUch person shall hold an appropriate and w~id state driver's license. ('77 Code, § 18-33) Penalty, see § 10.99 § 118.36 LIc;~ APPLICATION; INFORMATION P, EOUIItED. Every person desiring a taxicab driver's license shall apply in writing to the Board of Public Works and Safety upon a form to be furnished by the Board; upon the application form the applicant shall give such information as may be required by the Board of Public Works and Safety. ('77 Code, § 18-29) (Ord. 1150, passed 12-1-41; Arm Ord. 1477, passed 7-7-58) § 115.37 LICENSE y~--'~-*. (A) Every person who applies for the/ssuance or renewal of a taxicab driver's license shall pay the sum of $5 to the Board of Public Works and Safety. (B) In addition, the individual applying shall pay a $5 fee to the Police Department. This fee shall be in addition to the $5 application fee and shall be placed in the General Fund. ('77 Code, § 18-34) (Ord. 1150, passed 12-1-41; Am. Ord. 1477, passed 7-7-58: Am. Ord. 85-OR-68, passed 1-6-86) Penalty, see § t15.99 § 115.38 CONDITIONS TO BE MET FOR Llc:~:u~'SE ISSUANCE. No taxicab driver's license shall be issued to any person who does not meet the requirements set forth in IC 9-24-1-3. In addition, all applicants for a taxicab driver's license shall provide all information concerning violations of any local, state, or federal laws. ('77 Code, § 18-30) (Ord. 1150, passed 12-1-41; Am. Ord. 1477, passed 7-7-58) § 118.39 M1NIMUMAGE. No taxicab driver's license shall be issued unless the applicant for same is 18 years of age or elder, in accordance with IC 9-1-4-29. ('77 Code, § 18-31) (Ord. 1150, passed 12-1-41; Am. Ord. 1477, passed 7-7-58) § 115.40 FII~]~,e;y. PRI~'i'i~9'G AND PHOTOG"IU~HS OF APPLICANT FOR LICENSE. EX, cry person applying for a taxicab driver's license shall furnish one photograph of himself of a size specified by the Police Department and shall complete any required application form which shall be specified by the Police Department. ('77 Code, § 18-32) (Ord. 115(~, passed 12-1-41; Am. Ord. 1477, passed 7-7-58; Am. Ord. 85-OR-68, passed 1-6-86) Penalty, see § 115.99 22 Jeffemonvflle - Bus/ne~s Regulat/ons § 118.41 ~C.~'qSE AU taxicab driver's licenses shall expire at the end of each calendar year. (~77 Code, § 18-35) (Ord. 1150, passed 12-1-41; Am. Ord. 1477, passed 7-7-58) § 118.4~ DISPId~OF LI~-'ENS~. Every person who holds a taxicab driver's license shall display it in a prominent place within the taxicab which he is driving. ('77 Code, § 18-35) (Ord. 1150, passed 12-1-41; Am. Ord. 1477, passed 7-7-58) § 118.43 P. EVOCAYION OF A tax~cab driver's license shall, after a hearing, be revocable by the Mayor for any violation of the provisions of this chapter by its holder, or for any violation by that person of any traffic law. ('77 Code, § 18-38) (Ord. 1150, passed 12-1-41) § 118.44 CONDUCT OF DRIVe. Every person driving a taxicab shall be courteous, refrain from swearing, loud talk, or boisterous conduct, and shall deal honestly with the public and with his employer. ('77 Code, § 18-37) (Ord. 1150, passed 12-1-41) Penalty, see § 10.99 § 118.99 PENALTY. Any person receiving a citation as a result of a violation of any of the provisions of §§ 115.17 - 115.21, 115~23, 115.25, 115.37, 115.40 and who shall be convicted in the City Court of a violation of these sections, shall be fined not less than $25 nor more than $1,000. (Ord. 55-OR-68, passed 1-6-86) CI-L~"r~:;~ 116: TRANS]~qT Section 116.01 116.02 116.03 116.04 116.06 116.06 116.07 Definition Written permission required to solicit on public streets Entrance to prerrdse~ restricted Refusal to leave premises Misrepresentation of wares, merchandise, or services Hours of operation Exemptions 116.20 116.21 116.22 116.23 116.24 116.25 116.26 116.27 116.28 116.29 116.30 116.31 116.32 License reciuf, red License application Driver's license to be presented at filing of application False information Fingerprints; photographs License fee Bond required Service of process Issuance of license Limitation on issuance Display of license Term of license License revocation Statutorj, reference: Authority to license, regulate, see IC £5-3~-1-E § 116.01 D~-'~r~l'riON. For the purpose of this chapter the following definition shall apply unless the context clearly indicates or requires a different meaning. (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, and including those who, for the purpose of 23 24 Je~,~onvflle. B-~ess Regulations 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 list or sale of such goods, wa.res, or merchandise. (2) "Transient merchant" shall not include: (a) Any person, individual, copartner, or corporation which grows the goods, wares, or merchandise which he sells or offers for sale. (b) Any person who makes crafts or items by hand and sells them or offers them for sale. (c) An auctioneer who is licensed under lC 25-6.1. (d) A resident of the county in which the sale takes place who conducts a sale of tangible personal property for no more than four days per calendar year. (e) An organization that is exempt from the state gross retail tax under IC 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. (f') A person who organizes, sells merchandise, offers to sell merchandise, or exhibits at a trade show, public show, or convention. (g) A person who holds a registered retail merchant's certificate under IC 6-2.5-8. (IC 26-37-1-2) ('77 Code, § 19-1) § 118.0~ wy~l"£~ PERMISSION REQUIRED ~D SOLICIT ON PUBLIC STR]~TS. It shall be unlawful for any person, fh-m, corporation, or association to solicit funds or anything of value on the public streets of the city without f'Lrst having obtained written permission of the Board of Public Works and Safety. (Ord. 78-OR-50, passed 12-13-78) § 116.03 ENTRANCE ?O PREMISES Rt~$TRIC'r~a~. It shall be unlawful for any transient merchant to enter upon any private premises when the same are posted with a sign stating "No Peddlers Allowed" or "No Solicitations Allowed" or other words to such effect. ('77 Code, § 19-16) (Ord. 1447, passed 1-7-57) Penalty, see § 10.99 Any transient merchant 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. ('77 Code, § 19-15) (Ord. 1447, passed 1-7-57) Penalty, see § 10.99 25 § 116.05 MISRIEPi%~ESI~qTATION OF WAI~S, MIERCHA.NDISB, OR SIERVICF-,S. It shall be unlawful for any transient merchant to make false or fraudulent statements concerning the quality or nature of his goods, wares, merchandise, or services for the purpose of inducing another to purchase the same. ('77 Code, § 19-17) Penalty, see § 10.99 § 116.06 HOURS OF OPEI~TION. It shall be unlawful for any transient merchant to engage in his business of peddling within the city between the hours of 1/2-hour before sunset and 9:00 a.m. the following morning, or at any time on Sundays, except by specific appointment with or invitation from the prospective customer. ('77 Code, § 19-19) Penalty, see § 10.99 § 116.07 EXEMPTIONS. The provisions of this chapter shall not apply to solicitations, sales, or distributions made by charitable, educational, or religious organizations which have their principal place of activity in the city. ('77 Code, § 19-2) § 116.~.0 LIGBNSIE I~0~. It sh~l be unlawful for any person to engage in business as a transient merchant within the city without first obtaining a license so to do. ('77 Code, § 19-3) (Ord. 1447, passed 1-7-57) Penalty, see § 10.99 § 118.~.1 LICENSE APPLICATION. The application for a license required by the provisions of this chapter shall: (A) Contain a statement as to whether or not the applicant has been convicted of any crime, rr~sdemeanor, or violation of any state or federal law or municipal ordinance or code; 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 or order, shall demand, accept or receive payment, or deposit, of money in advance of final delivery. (C) State the period of time the applicant wishes to engage in business 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 pemon, if any, that the applicant represents. 26 Je~e~o~ - Bu./~_,~ P.e~tio~ (F) State the kind of goods, wares, merchandise, or services the applicant wishes to engage in such business within the city. (G) State the last five cities or towns wherein the applicant has worked before coming to this city. (I-I) State such other relevant information as may be required for the investigation of the applicant. ('77 Code, § 19-4) (Ord. 1447, passed 1-7-57) § 116.22 DP, l%'ra'('S LluP..ue~E TO BE PRESI~'rP2u AT F'rr,rNG OF APPMC. ATION. At the time of filing hfs application for a license required by this chapter, the applicant shall present his driver's license, if he has one, to the Clerk-Treasurer. ('77 Code, § 19-6) § 116.~.3 FALSE INFO~'~ON. It shall be unlawful for any person to give any false or misleading information in connection with his application for a license required by this chapter. ('77 Code, § 19-6) Penalty, see § 10.99 § 116.24 F'IlqO~d~.I~RINTS; PHOTOGRAPHS. At the time of making application for a license required by this chapter, the applicant shall submit to f'mgerprinting and photographing by the Chief of Police. ('77 Code, § 19-7) (Ord. 1447, passed 1-7-57) § 118.25 LICENSE l"~-'".'. Before any license shall be issued under the provisions of this chapter, the applicant therefor shall pay a fee, based upon the duration he desires to engage in business in the city, as follows: Fee Per day $ 5 Per week 10 Per month 25 Per three months 50 Per six months 75 Per 12 months I00 ('77 Code, § 19-8) § 118.26 BOND REQUIRED. The applioation for a lioense required by the provisions of this chapter shall be accompanied by a bond in the penal sum of $1,000 signed by the applicant and signed, as surety, by some surety company Transient Merchants 27 authorized to do business in this state, conditioned for the final delivery of goods, wares, merchandise, or serwces 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. ('77 Code, § 19-9) § 116.~7 S~:~I~E OF PRO~-~SS. Before any license shall be issued to any person under this chapter, there shall also be filed with the Clerk-Treasurer an instrument in writing, signed by the applicant for the license under oath, nominating and appointing the Clerk-Treasurer his true and lawful agent, with full power and authority to acknowledge serwce of notice of process for and on behalf of such applicant. The service of summons in any action brought upon the applicant's bond shah be deemed made when served on the Clerk-Treasurer. ('77 Code, § 19-10) § I16.fl8 ISSUANCE OF LICENSE. No license shall be issued under the provisions of this chapter until the applicant shall have complied with all the provisions and requh'ements of this chaPter. ('77 Code, § 19-11) § 116.29 I~IMITA'I'ION ON ISSUANCE. No transient merchant's license shall be issued to a corporation, partnership, or other impersonal legal entity, but each individual person engaging in such business within the city shall be required to have a license whether acting for h/mself or as an agent or representative of another. ('77 Code, § 19-12) § 116.30 DISPLAY OF LICENSE. Every person having a license issued under the provisions of this chapter and doing business within the city shah display his permit upon the request of any person. ('77 Code, § 19-13) (Ord. 1447, passed 1-7-57) penalty, see § 10.99 § 116.61 T.~I OF Every license issued under the provisions of this chapter shah be valid for the period of time stated therein, but in no event shall any such license be issued for a period of time in excess of 12 months. ('77 Code, § 19-14) § 118.~ LI~,':;IqSE ~TION. Any license issued under the provisions of this chapter may be revoked for the violation by the permittee of any applicable provision of this code, state law, or city ordinance. Upon such revocation, such perm/t shall be/mmediately surrendered to the Clerk-Treasurer. ('77 Code, § 19-20) (Ord. 1447, passed 1-7-57) Penalty, see § 10.99 117: $~AMBOAT D~ F'~S~AL AND RI~u~RONT Section 117.01 Approval for vendors 117.02 Map 117.03 Traffic 117.99 Penalty § 117.01 APPROVAL FOR VENDORS. No vendors shall exhibit their wares within the area established as the Steamboat Days Festival location or the Riverfront Festival location unless they obtain approval through the Board of Public Works and Safety. (Ord. 87-OR-4, passed 2-2-87) Penalty, see § 117.99 § I17.0~. MAP. The area outlines in the map attached to Ord. 87-OR-4 and made a part thereof by reference is hereby established as the area of the Steamboat Days Festival and the Riverfront Festival. (Ord. 87-OR-4, passed 2-2-87) § 117.03 No bicycle traffic, skateboard traffic, or unauthorized motor vehicles shall be allowed within the area designated as the Steamboat Days Festival area or the Riverfront Festival area. (Ord. 87-OR-4, passed 2-2-87) Penalty, see § 117.99 § 117.99 PENALTY. Anyone violating the provisions of this chapter shall be cited into City Court and upon conviction of a violation of this chapter shall be fined not less than $25 nor more than $100. 29 30 Je~amomnqle - Busi~-~ Regulations CHAPTm~ 118: CONCESSIONAIItF-.S Section 118.01 118.02 118.03 Permit required for concessionaire business Permit requirements Proof of insurance required 118.99 Penalty § 118.01 pERMIT I~OU~'~ FOR CONCESSIONAII~ BUSINESS. (A) It is hereby ordained by the Common Council that it shall be unlawful for any person, business or other entity to engage in business as a concessionaire within the city without f'n'st obtaining a permit to do so. (B) Persons, bnsinesses or other entities desiring a permit to operate a concession business within the city shall apply to the Board of Public Works and Safety who shall, by a majority vote, grant or deny such applicatin. (Ord. 92-OR-21, passed 3-16-92) Penalty~ see § 118.99 § 118.02 pERMIT REQUIREMENTS. (A) The Beard of Public Works and Safety shall set a uniform fee for the issuance cf a concessionaire's permit. This fee may be waived by the Board if the person, business or other entity requesting the permit is a charitable, not-for-profit, educational or religious organization which has its principal place of activity in the cffy. (B) The concessionaire's permit granted by the Board shall state the location or locations of each concession operation and shall state the length of time which the concession business shall be permitted to operate. (C) No alcoholic beverages may be d~spensed by anyone holding a c°ncessl°naire's permit with°ut specific permission from the Boa.rd and without said concessionaire complying with all of the rules and regulations of the Alcoholic Beverage Commk~ion of the state. (Ord. 92-OR-21, passed 3-16-92) Penalty, see § 118.99 § 118.03 PROOF OF INSURANCE I~OUIRED. No concessionaire's permit shall be issued unless the person, business or other entity applying for such permit shows proof of liability insurance in the amount of $500,000 for any action undertaken in the 31 32 Jeffersonvrde - Business Regulations course of business as a concessionaire. The city shall be named as an insured party on such policy during the period of time during which the concessionaire's permit is issued. (Ord. 92-OR-21, passed 3-16-92) § 118.99 PENAL'I'Y. A person who operates a concession business without obtaining a permit as required hereunder or provides false misleading information in connection with his/her application for concessionaire's permit required by this chapter shall be fined in the amount of $1,500. (Ord. 92-OR-21, passed 3-16-92)