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HomeMy Public PortalAbout044-1984 - ORDINANCE TO LICENSE TRANSIENT DEALERS AND ADDING CHAP 122 TO THE CITY CODEAMENDED ORDINANCE NO. 44-1984 AN ORDINANCE TO LICENSE TRANSIENT DEALERS AND ADDING CHAPTER 122 TO THE RICHMOND CITY CODE. WHEREAS, it is in the interest of the residents of the City of Richmond to license and regulate transient dealers and merchants performing business in the City of Richmond, Indiana; NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Richmond, Wayne County, Indiana, that Chapter 122 be added to the Richmond City Code, as follows: SECTION 122.1 TRANSIENT DEALERS All transient merchants and dealers, as herein defined by paragraph (a) of this Section shall procure a license from the City Controller prior to engaging in business within the City of Richmond. Said license shall be valid for a maximum of 30 days, with a fee of $ 100. (a) Definitions: The word "transient dealers", for the purpose of this section shall mean and include all persons, both principals and agents, who engage or conduct in this City either in one locality or in traveling from place to place or from door to door, or from telephone sources located within the City or transient business of selling or soliciting orders for the sale of goods, wares, or merchandise to the general public with the intention of continuing in said business in said City for a period of not more than 30 days and who rent, lease, use or occupy, either in whole or in part, for the purpose of carrying on such business use, any room, building, area within the City of Richmond or other public or privately owned building, any lot or parcel of land, any motor vehicle including trucks and semi —trailers for the exhibition and sale of such goods, wares and merchandise, but the provisions of this Section shall not apply to auctions conducted pursuant to law, nor to sales made to dealers by commercial travelers or selling agents in the usual course of business, nor to bona fide sales of goods, wares, or merchandise for future delivery in interstate commerce, where either no measurements or design specifications are made or prepared in the City, or where no payment or deposit is collected in the City as a condition for the placement of orders, or where no license may be collected under the provisions of the Constitution or laws of the United State, nor to any sales of goods, wares or merchandise on the grounds of any agricultural society during the continuance of any annual fair held by such society, nor any sales by or sponsored through societies acting for charities, religious or public purposes, or other not —for —profit organizations, nor to any sales in conjunction with community events given approval by either the Richmond Park Board or the Richmond Board of Public Works and Safety, nor to any sales of goods, wares, or merchandise conducted by the owner,or a lessee of real property, if such lessee leases the subject real property for at least thirty (30) days,on which such sales are made. (b) A2plication_; At least 20 days prior to holding of such sale or solicitation, every such transient dealer shall furnish to the City Controller a verified license application setting out the following: no (1) Name and address of the applicant and also the name of the true owner if the applicant is not such true owner of the goods, wares or merchandise to be sold; (2) Name, location, and time of the proposed sale or solicitation; (3) Inventory of the goods, wares or merchandise, on hand and on order, which the applicant intends to offer for sale at such sale. The inventory shall show the quantity, kind or grade of each item, the price at which each item is proposed to be sold, and the total wholesale and retail value of the inventory based on the foregoing, and if sales are to be made other than from inventory, a copy of the catalogue or other sales materials, and/or a listing of the sample to be displayed. (4) Such other information as the City Controller or the Board of Public Works and Safety may prescribe. (5) Verifiable street address and telephone number of any permanent place of business in the State of Indiana, or, if there be no permanent place of business in the State of Indiana, a copy of a certificate of the Secretary of the State of Indiana evidencing the fact that the dealer has qualifies to do business in Indiana and the name and address of its agent for the service of process in the State. (6) Written consent of owner or lessee of real property of the site on which sale or business id proposed to be conducted (7) The above information shall also be displayed at each site of business activity. (c) Deposits and Bond: Every applicant for a transient dealer's license shall execute and file with the City Controller a good and sufficient bond in the sum of $5,000.00 or 10% of anticipated sales, whichever is greater, with the surety thereon a surety company authorized to do business in the State of Indiana approved by said City Controller and shall be payable to the City of Richmond to the extent that any taxes or fines as determined by the Controller of the City to be due are not paid, upon judicial determination, to those authorized to file suit thereunder, and shall be conditioned upon faithful observance of all the conditions of this section, and the payment of city, county and state license, sales, use, income or occupational license taxes due or to be withheld and paid by the licensee hereunder, and shall also indemnify any purchaser at such sale who suffers any loss by reason of defective merchandise or any misrepresentation is said sale. Said bond shall also provide that the City of Richmond, Wayne County and State of Indiana may file suit in their own name against the licensee and/or the surety on said bond for any taxes, fees or fines due from the licensee which are not paid within 30 days of the termination of the sale and that any purchaser at such sale may maintain an action against the licensee and/or said surety for claims arising from such a sale. Said bond shall also provide that it shall continue in effect for one year after the termination of the sale for which it is made and until all actions are concluded and the judgment of judgments, if any, have been paid and fully satisfied, or the amount of the bond exhausted by such payments. This bond shall be in addition to all deposits required under other ordinances of the City, including but not limited to the sales and use tax ordinances. The above bond and certificate of qualification to do business in Indiana shall be public records open to examination upon request and copies thereof shall be furnished on request upon payment of a fee of $0.25 per page. -2` (d) No sales of goods, wares, or merchandise shall be made on public property or right--of—way unless specifically permitted by either the Board of Public Works and Safety or the Richmond Park Board. (e) A transient dealer shall not advertise, represent, or hold forth a sale of goods, wares, or merchandise as an insurance, bankrupt, insolvent, assignee, trustee, executor, administrator receiver, manufacturer's wholesale, canceled order, or misfit sale or closing —out , or a sale of any goods damaged by smoke, fire, or water otherwise, unless before so doing he shall state in writing under oath to the City Controller of the City of Richmond at the time he makes application for a license all the fact relating to the reason and character of such special sales, so advertised, held forth or represented, including a statement of the names of persons from whom said goods, wares, or merchandise were purchased, and the date of delivery of same to the person applying for license, the place where said goods, wares, or merchandise were taken last, and such details necessary to exactly locate and fully identify all goods, wares, or merchandise to be sold, and make such further disclosure to and give such information as may be required by the City Controller of the City of Richmond. And such transient dealer shall also include in said statement names and residences of the owners in whose interest the business is conducted and whether conducted a an individual, firm, association, or corporation. (f) It shall be unlawful for any transient dealer to sell or exhibit for sale either at public or private sale any goods, wares, or merchandise without first complying with the provisions of this Section, or to make any false statements in references to the matter required in Sub —sections (b) and (e) above, or to fail or refuse to comply with the requirements of any of the provisions of this Section, and every person, whether principal or agent, who by circular, handbill, newspaper, poster, or in any manner advertises such sales as herein contemplated before proper license is issued to said transient dealer and before he has complied with the provisions of this section, shall be guilty of a violation of this section. Provided, however, that nothing in this section contained shall be construed as abridging or denying the right and power of the Board of Public Works and Safety of the City of Richmond to refuse or withhold the granting of any license or to revoke the same, if granted, to a transient dealer upon any hearing thereof when in the discretion of said Board on the basis of the disclosures as aforesaid, or form other information deemed by them sufficient, such action may be deemed necessary or proper to protect or safeguard the public from imposition, mischief of fraud." SECTION 122.2 Nothing herein contained shall be construed to relieve any person or other legal entity form any license fee liability, tax liability, interest penalty or forfeiture incurred as of the effective date. SECTION 122.3 In addition to the above requirements, transient merchants must adhere to all applicable Federal, State, and local laws, rules and regulations and must comply with all requirements for licenses, permits, registrations, taxes, and zoning laws. Violations of other applicable laws or failure to comply with other applicable laws shall be deemed to be a violation of this code chapter. The granting of an exemption under this Section shall not relieve the exempted person, group, or organization from complying with other applicable laws and regulations. -3- STATE OF INDIANA ) COUNTY OF WAYNE SS PROOF OF POSTING OF ORDINANCE NO. 44=1984.— ) Mary Merchanthouse I , City Clerk being first duly sworn upon her oath, disposes and says; That she did, on the 24th day of May 1985 , post in four public places in the City of Richmond, Indiana, a copy of the Notice of Hearing I of a public hearing to be held on June 6 , 1985 on the matter of ordinance No;.;44-1984..s: Said notice was in the form attached hereto, and was posted in the following places. 1. City Hall 2. Wayne County Courthouse 3. Promenade 4. Post Office Subscribed and sworn to before me, a Notary Public, this 24th day of May 19 85. Notary Public Carol E. Brady My commission expires: 2/28/88 NOTICE OF HEARING ON ORDINANCE NO. 44-1984 Notice is hereby given that the Common Council of the City of Richmond, Wayne County, Indiana, will hold a public hearing on the 4th day of June, 1984 at 7:30 p.m. in the Council Chambers of the Richmond Municipal Building on Ordinance No. 44-1984 - AN ORDINANCE TO LICENSE TRANSIENT DEALERS All parties interested in or affected by this Ordinance are invited to attend the public hearing to speak in favor of or in opposition to said Ordinance. G�iLt�L c rutc¢� Mary Me chanthouse City Clerk Delivered by� Received by—_ Date Received PUBLISH DATE: May 25, 1984 (on or before this date) PROPOSED AMENDMENT TO ORDINANCE NO. 44-1984 Throughout the Ordinance, after the word merchandise, add "Food or agricultural products." In Section 1. Transient Dealers - paragraph (a) line 18 - strike "of food or agricultural produce, peddler, or sales of novelties" At the end of the page after religious or public purposes, add - "nor to any sales by registered vendors at the Richmond Farmers Market." NIVICE OF H&MUI C' _CN ORDINANCE NO. 44-1984 Notice is hereby given that the Common Council of the City of Richmond, Wayne County, Indiana, will hold a public hearing on the 6th day of June, 1985 at 7:30 P.M. in the Council Chambers of the Richmond, Municipal Building Building on Ordinance No. 44-1984 - AN ORDINANCE TO LICENSE TRANSIENT DEALERS. All parties interested in or affected by this Ordinance are invited to attend the public hearing to speak in favor of or in opposition to said Ordinance. j�da�rL Mary Me2tchan ouse City Clerk Posting Dates: May 24, 1985 to June 2, 1985 Inv.fi 052584-_ 2 Form rrexrlLad e7 eaee Bova or AaaouuW General Form No. " P (Rev. 1lt1) Ci.ty... Clerk.—Ci.ty....of..Richmon..d To ............................ Palladium Publishing Corporation ,,,,Dr. (Governmental Unit) 1 I75 North A Street ......................... Wayne........ County, Indiana ......Riche?" nat. 144iaAa, ` N74. . PUBLISHER'S CLAIM LINE COUNT Display Matter (Must not exceed two actual lines, neither of which shall total more than four solid lines of the type in which the body of the advertisement is set) number of equivalent lines ................ Head —number of lines ........3 ...... 14...... Body ---number of lines Tail —number of lines ........2 ...... Total number of lines in notice ......19....... COMPUTATION OF CHARGES ...... :P..._lines . ...... Qne... columns wide equals ......19...... equivalent lines at .....2.1.6.. .. cents per line 1;..•. �.�..... Additional charge for notices containing rule or tabular work (50 oer Cent of above amount) ................ Charge for extra proofs of publication (50 cents for each proof in excess of two) ................ 4.10 TOTAL AMOUNT OF CLAIM $................ DATA FOR COMPUTING COST i Width of single column 9 ems Size of type 6 point Number of insertions . A .... Size of quad upon which type is cast ....... . Pursuant to the provisions. and penalties of Ch. =, Acts 1953, I hereby certify that the foregoing account is just and correct, that the amount claimed is legally due, after allowing all lust credits, and that no part of the same has been paid. -5 Date: .................. May 31, 84 !shier .......1 19........ Title .................................................. PUBLISHER'S AFFIDAVIT State of Indiana ) ss .......Wayne .......County) Personally appeared before me, a notary public in and for said county and'state, the undersigned........ .....................................who, being duly sworn, says that ...he is. cashier of the...... Palladium Item' ...................... a Daily. newspaper of general circulation printed and published in the English language in the (city) of........... �K!Omond, Indiana . . . . . . . . . ....... in state and county aforesaid, and that the printed matter attached hereto is a true copy, which was duly published in said paper for.RRIP .Rime..., the dates of publication being as follows: May 25, 1984 Subscribed and sworn to befo ... :..:...... lay of.. .jil-Ia 19$4 , Virgo C:. Notary Public Coleman My commission expires..!) 1?farY.-....4a„1 8,7,.....