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Home My Public Portal About2007-05 - PROVISIONS FOR TEMPORARY VENDORSORDINANCE 2007 -5 o AN ORDINANCE AMENDING CHAPTER 4, ARTICLE 2, DIVISIONS I AND III OF THE GREENCASTLE CITY CODE WHEREAS, Chapter 4, Article 2, Divisions I and III of the Greencastle City Code set -out provisions for temporary vendors in the City, including Itinerant Merchants, Solicitors and Farmers' Markets; WHEREAS, the language in those sections needs to be amended and updated. NOW THEREFORE be it ordained by the Common Council of the City of Greencastle that it hereby amends Chapter 4, Article 2, Divisions I and III of the Greencastle City Code by repealing the current Divisions in their entirety and replacing them as follows: Division I. Itinerant Merchants, Solicitors and Special Events General. 1. No person shall conduct business so as to create a safety concern or interfere with the free flow of pedestrian traffic on City sidewalks or vehicular traffic on City streets. 2. The provisions in this Division do not apply to yard and garage sales. Sec. 4 -18. Itinerant Merchants. ® a. Definition. Itinerant Merchant shall mean any person, firm, partnership, association or corporation which engages in the sale of merchandise in any place in the City on a temporary basis. An itinerant merchant includes anyone who for itself or as an agent for another, rents, erects, purchases, uses, or occupies any vehicle, room, building or other structure, or sells from a cart, trailer, table, tent, stand, booth, or otherwise, including but not limited to those located in or along parking lots of shopping centers, sidewalks, or other areas for the purpose of purchasing, selling, or offering for sale merchandise, food, produce or other items of value at such location without becoming an established business merchant. An itinerant merchant shall not include a solicitor or vendors operating at a special event, as described below. b. Exemptions. 1. The provisions of this Section shall not apply to legally established not - for -profit organizations. 2. The provisions of this Section shall not apply to facilities with on -site management of sellers and a permit/application process requiring information substantially equivalent to that required in this chapter. c. License Required. Anyone who anticipates selling merchandise as an itinerant merchant shall, before engaging in business in the City, apply for and obtain a license from the City Clerk- Treasurer's Office. 11 See. 4-19. Solicitors. ® a. Definition. Solicitor. A person who goes from house to house, from place to place, or from street to street conveying, transporting and offering for sale, selling, or soliciting or taking orders for the sale of goods, wares, merchandise, food, or any other items, or for services to be performed immediately or in the future. b. Exemptions. a. The provisions of this Section shall not apply to legally established not- for -profit organizations. b. Vendors of food products who distribute their products to regular customers on established routes. C. Hours. It shall be a violation of this Division for a Solicitor to operate its business within the corporate limits of the City except from 8:00 a.m. to 9:00 p.m. d. License Required. Anyone who anticipates selling merchandise as a solicitor shall, before engaging in business in the City, apply for and obtain a license from the City Clerk- Treasurer's Office. Sec. 4 -20. Special Events Permits. a. Definition. A Special Event shall occur when two (2) or more vendors or exhibitors participate as a group in a sales event with a common theme or purpose, which event lasts for ® less than sixty (60) days. Group events include, but are not limited to, antique shows, vehicles shows, festivals, hobby shows or similar events which are to be held for the purpose of sale or rental of such items for services to the general public. Group events shall not include events which are not open to the general public. b. Exemptions. a. The provisions of this Section shall not apply to facilities with on -site management of sellers and a permit /application process requiring information substantially equivalent to that required in this chapter. b. The provisions of this Section shall not apply to events sponsored by the City of Greencastle. c. The sponsoring organization, agency, group, or person shall complete one (1) application form on behalf of all proposed participants in the group event. For such group events, one (1) fee shall be required of the sponsoring organization and one (1) public liability insurance policy shall be filed by the sponsoring organization or person on behalf of all participants. d. A listing of all participants in the group event by name, address and telephone number shall be maintained by the sponsoring organization or person for a period of not less than two (2) years after conclusion of the group event. During that time period, the sponsor shall provide the name, address and telephone number of any individual participant to the City or any member of the public upon request. See. 4-22. Applications ® a. Application forms shall be provided by the Clerk- Treasurer's Office. Completed forms must be filed at least seven (7) days prior to the first date on which the applicant intends to do business. Said application shall require but not be limited to the applicant's ® providing the following information: 1. name of the business; 2. name(s), address(es), telephone number(s), social security number(s), and birth date(s) of applicants. If the business is owned or operated by more than one (1) person all principal partners and owners must be included; 3. location where sales will occur; 4. dates and times when the applicant intends to do business; 5. description of the types of the items to be sold; 6. name, address and telephone number of the contact person who shall be available for a period of time of not less than sixty (60) days following the last date of business who will respond to consumer complaints; 7. Applicant's Indiana State Retailer License Number and federal ID number, if applicable; 8. Photo identification of the applicant shall be copied and kept on file. In addition, in the case of Solicitors, all individuals going door -to -door shall provide identification which shall be copied and kept on file at the Clerk - Treasurer's Office; 9. Verification under oath that all of the information provided is truthful. b. Applications may be referred to the Greencastle Police Department for review, and criminal background checks may be run on any person providing information, above. C. All proposed locations must be properly zoned for the proposed business activity. d. The Applicant must meet all requirements of the Putnam County Health Department ® e. Application Approval. 1. The Clerk- Treasurer shall approve the issuance of the license unless the investigation of the application discloses tangible evidence that the conduct of the applicant's business would pose a threat to the public health, safety, or general welfare. The following are examples of reasons for disapproval of license: The owner(s)/ applicant (s) /operator(s) /employee(s) : i. have been convicted of crime of moral turpitude; ii. have made willful misstatements in the application iii. have committed prior violations of statutes or ordinances pertaining to itinerant merchants, solicitors or special events; iv. have committed prior fraudulent acts; or v. have a record of multiple breaches of solicited contracts. 2. Approval of a license issued hereunder is conditioned upon the filing of Proof of insurance coverage covering the activity within the City. Said policy shall provide coverage for personal injury, including death and property damage to members of the public in the amount of not less than three hundred thousand dollars ($300,000) per person and one million dollars ($1,000,000) per occurrence. The certificate of insurance must contain a provision that the City shall be given no less than fifteen (15) clays notice prior to the effective date of cancellation or material change of the policy. Any exception to this section must ® be approved by the Clerk - Treasurer upon submission of sufficient proof of protection in case of liability. 3. Anyone issued a license must display it in a conspicuous location on the premises ® used for the sale at all times during the licensed activity. 4. Licenses issued under this Ordinance are non - transferable. Sec.4 -23. Fees The following fees shall apply and must be paid prior to the issuance of a license under this Division. a. Itinerant merchants and solicitors One day $10.00 Seven days $40.00 Thirty days $100.00 Seasonal (4 months) $250.00 b. Special Events Permit One Day $20.00 Two Days $35.00 Three Days $45.00 Seven Days $100.00 4 -24. Failure to Comply. ® a. Anyone doing business as an itinerant merchant, solicitor or special events applicant who has not posted or is unable to produce a valid license as required by the section when requested to do so by a City official shall immediately cease and desist all further operations until said license is properly applied for, issued by the City, and properly posted. In addition to the foregoing, anyone violating a provision of this section shall be subjected to a fine in an amount not exceeding one thousand dollars ($1,000) per violation. Every day a violation occurs shall constitute a separate offense. b. The City may revoke any license if the City determines that the applicant has violated any of the terms of this Division, or if it otherwise ceases to meet the application requirements. c. It shall be a violation of this section for any property owner within the City to permit the operation of an unlicensed itinerant merchant or special event on the owner's real estate. Any owner violating this section shall be subject to a fine in an amount not exceeding two hundred dollars ($200.00) for each clay that the owner has actual notice of the violation. Sec. 4 -25. Appeals. Any person who has been denied a license, or has received a notice of violation and/or fines or has had their license revoked may appeal die violation and/or fine to the Greencastle Board of Public Works and Safety. The Appellant must file a written statement, outlining the reasons that the violation/fine/revocation is invalid or should otherwise not be enforced within fifteen (15) days of the notice. The Board of Works shall review the complaint and shall issue a written determination, which decision shall be final. ® Failure to comply with the above appeals procedure constitutes a waiver of any further rights to appeal. An action to enforce a violation and/or fore may be brought by die City in the court ofjtuisdiction. O This Ordinance shall have full force and effect upon passage of the Greencastle Common Council and its approval by the Mayor. • PASSED AND ADOPTED by the Common Council of the City of Greencastle, Indiana this day of 2007. G, /z s ue( Thomas W. Roach John Lame M k N. Hammer Russell W. Evans Robert Sedlack o'clock Approved and signed by me this _L<�-_ day of ��,� 2007, at .m. ATT ST: resa Glenn, erk- Treasurer Nancy A. is ael, Mayor 11