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.
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(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.
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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.
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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,.....