CHAPTER
25
TRANSIENT MERCHANTS ORDINANCE
Whereas, Indiana Code 25-37-1-1, et. seq., provides that it is unlawful for any Transient Merchant, as defined therein, to transact the business of a Transient Merchant in any County in this State unless the Transient Merchant and the owners of any goods being sold or offered for sale have first obtained a license from the County and have complied with the requirements of I.C. 25-37-1; and
Whereas, I.C. 25-37-1-11 provides that a Town or City within a County may tax, license of regulate Transient Merchants and charge a fee for the transaction of Transient Merchant Business, which City or Town license may not be in lieu of a County license; and
Whereas, I.C. 25-37-1-5.5 permits a County Legislative Body to annually determine the amount of bond to be required far the County Transient Merchant License in an amount not greater than that provided in I.C. 27-37-1-5; and
Whereas, I.C. 25-37-1-6.5 permits a County Legislative Body to annually set the amount of the license fee required for a County Transient Merchants License in an amount not greater than the amount permitted in I.C. 25-37-1-6.
Now, Therefore, Be It Ordained by the Board of Commissioners of Vigo County, Indiana, as follows:
2 – 25.1
Purpose
This Ordinance shall be known as the Transient Merchants Ordinance and that is to supplement the provisions of I.C. 25-37-1.
2 – 25.2
Definitions
For the purposes of this Ordinance in supplementing I.C. 25-37-1, the following definitions apply:
"Transient Merchant" includes persons who are selling or offering for sale or taking orders for fixture delivery for goods, wares, merchandise, contracts for construction, alteration of repair services, whether such business is transacted by traveling by foot, wagon, motor vehicle or any other public conveyance, and whether such business transactions take place in one locality or in traveling from place to place within the State or from place to place or from house to house within the County or in, about, along or upon any street, alley, highway, or other public grounds within the County, and includes peddlers, solicitors and canvassers.
2 – 25.3
License Required
It shall be unlawful for any person to transact business as a Transient Merchant in Vigo County without obtaining a license from the Vigo County Auditor and complying with the requirements of I.C. 25-37-1 and the requirements of this Chapter, except as exempted by the provisions of I.C. 25-37-1-4.
2 – 25.4
Application
Upon receipt by the Vigo County Auditor of an application for a County Transient Merchants license, the Vigo County Auditor shall cause a copy of such application to be transmitted to the Vigo County Sheriff. The Vigo County Sheriff shall, within fourteen (14) days thereafter cause an investigation of the applicant's business responsibility and moral character to be mach as the Vigo County Sheriff deems necessary for protection of the public good and welfare.
If, as a result of the investigation, the applicant's character and business responsibility are found to be such as to endanger or be detrimental to the public and its good and welfare, the license shall be denied.
If, as a result of the investigation, the applicant's character and business responsibility era found not to be detrimental to the public good and welfare, the license may be issued by the Vigo County Auditor upon compliance with all other requirements of this Chapter and I.C. 25-37-1.
2 – 25.5
Amount Of Bond
The amount of bond required for compliance with I.C. 25-37-1-5 and this Chapter of the Vigo County Code is in the penal sum of Seven Hundred Fifty Dollars ($750.00) or three (3) times the value of the goods, wares, and merchandise to be offered or sold as revealed on the inventory required to be filed by the provisions of I.C. 25-37-1-4.
2 – 25.6
License Fee; Waiver
The amount of license fee to be required for a license as provided in I.C. 25-37-1 and this Chapter of the Vigo County Code is in the amount of One Hundred Dollars ($100.00) for each six (6) month period in which the applicant proposes to transact business. The license fee may be waived, in part or in whole, by the Board of County Commissioners upon request and upon the showing that the applicant is transacting business for a charitable or philanthropic purpose.
2 – 25.7
Validity Of License
As provided in I.C. 25-37-1-7, no license issued pursuant to this Ordinance and the provisions of I.C. 25-37-1 shall be valid in any Town or City within Vigo County which has enacted an Ordinance licensing Transient Merchants, unless a license from that City or Town is also obtained.
2 – 25.8
Violations And Penalties
Penalties for violation of the licensing provisions of I.C. 25-37-1 and the supplemental provisions of this Chapter shall be consistent with the provisions of I.C. 25-37-1-9.
2 – 25.9
Repealer
All Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed.
2 – 25.10
Severability Clause
If any section, provision, or part of this Ordinance is adjudged invalid or unconstitutional, such adjudication shall not effect the validity of the ordinance as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional.
2 – 25.11
Effective Date
Passed and adopted by the Board of Commissioners of Vigo County, Indiana, on this 10th day of March, 1997.
BOARD OF COMMISSIONERS OF
VIGO COUNTY, INDIANA:
Signatory, William J. Decker
William J. Decker, President
Signatory, P. James Diehl
P. James Diehl, Secretary
Signatory, C. Joseph Anderson
C. Joseph Anderson, Jr., Commissioner
ATTEST:
Signatory, Judith A. Anderson
Judith Anderson, Auditor