Chapter 5.30
FLEA MARKETS, ARTS AND CRAFTS SHOWS AND ITINERANT RESTAURANTS
Sections:
5.30.040 Application and issuance of license.
5.30.060 Insurance and indemnification agreement.
5.30.010 Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
“Arts, crafts, and/or painting display” means anyone other than a “retail merchant,” as defined in IC 6-2.5-1-8, operating a display or stand for the purpose of selling, buying, or exchanging paintings and/or all other forms of arts and crafts objects.
“Flea market operation” means any facility where space is furnished to persons other than retail merchants, as defined in IC 6-2.5-1-8, for the purpose of selling, buying or exchanging tangible personal property in a transaction other than a retail transaction, as defined in IC 6-2.5-1-2.
“Itinerant restaurant” means either one operating for a temporary period in connection with a fair, carnival, circus, public exhibition, or other similar gathering, or one operating from any type of motorized vehicle for the purpose of selling any type of food and/or drink. [Ord. 874, 1982. Code 1983 § 9-51. Code 2000 § 113.01].
5.30.020 Exemptions.
This chapter shall not apply to:
(A) Arts, crafts or painting displays conducted on residential property within the town;
(B) Garage sales, lawn sales, attic sales, rummage sales, or any similar casual sale of tangible personal property conducted on residential property within the town. [Ord. 874, 1982. Code 1983 § 9-52. Code 2000 § 113.02].
5.30.030 License required.
It shall be unlawful for any person to operate a flea market, arts, crafts and/or painting display, or itinerant restaurant in the town without first obtaining a license for each separate place, premises, location or motorized vehicle where such operations are to be carried on. [Ord. 874, 1982. Code 1983 § 9-66; Code 2000 § 113.03].
Penalty, see HMC 1.05.110.
5.30.040 Application and issuance of license.
(A) Any person or organization desirous of obtaining a license under the provisions of this chapter must file a sworn written application (in duplicate) with the clerk-treasurer, giving on the application the following information:
(1) Name and description of applicant;
(2) Address;
(3) A brief description of the nature of the flea market, arts, crafts and/or painting display, or itinerant restaurant;
(4) If employed, name and address of the employer, together with the credentials establishing the exact relationship;
(5) If a vehicle is to be used, a description of the vehicle, together with license number or other means of identification;
(6) Photograph of the applicant, taken within 60 days prior to the date of the filing of the application, the picture being approximately two inches by two inches, and showing the head and shoulders of the applicant in a clear and distinguishing manner;
(7) The fingerprints of the applicant and the names of at least two reliable property owners in the county, who will certify as to the applicant’s good character and business responsibility or, in lieu thereof, other evidence as to good character sufficient to make an evaluation as to character responsibility;
(8) A statement as to whether or not the applicant has been convicted of any crime, misdemeanor, or violation of any municipal ordinance, the nature of the offense, and the punishment set therefor.
(B) Each applicant desiring a license to operate an itinerant restaurant shall file with his application a statement by a reputable physician in the town dated not more than 10 days prior to the submission of the application certifying the applicant to be free of infectious, contagious, or communicable disease, and shall further be accompanied by a valid and current permit from the state and county health boards.
(C) In addition to the other requirements set forth herein, the applicant shall furnish suitable evidence of his intention and ability to comply with the following conditions:
(1) The operation of said flea market, arts, crafts, and/or painting display, or itinerant restaurant shall be wholly responsible for maintaining order, and for keeping the sites clean, free of trash, papers, and other debris. Trash containers in adequate numbers shall be placed in convenient locations for the use of the public.
(2) The building inspector shall investigate each application to determine if the applicant is in compliance with all applicable laws, including but not limited to all building, electrical, plumbing and all zoning ordinances of the town.
(D) At the time of filing of an application, a nonrefundable fee of $10.00 shall be paid to the clerk-treasurer covering the cost of the investigation.
(E) Upon receipt of such application, the original shall be referred to the chief of police, who shall cause an investigation of the applicant’s business and moral character to be made as he deems necessary for the protection of the public.
(F) If the applicant’s character and responsibility are found unsatisfactory, the chief of police shall endorse his disapproval and his reason for same on the application, returning the application to the clerk-treasurer who shall notify the applicant that his application is disapproved and that no license will be issued.
(G) If the applicant’s character and responsibility are found to be satisfactory, the chief of police shall endorse his approval on the application, returning the application to the clerk-treasurer, who shall, upon payment of the prescribed fee, issue a license and deliver it to the applicant. The license shall contain the signature of the clerk-treasurer, and show the name, address and photograph of said licensee, class of license issued, type of operation to be conducted, and expiration date. The clerk-treasurer shall keep a current record of all licenses issued. [Ord. 874, 1982. Code 1983 § 9-67. Code 2000 § 113.04].
5.30.050 Fees.
(A) In order to operate a flea market the operator shall pay a license fee comprised of a base or annual charge and supplemental (daily) charges. The supplemental or daily fee shall be imposed as an additional fee per day of operation for each occupied booth or compartment on the premises. This daily fee for occupied booths or compartments shall apply to booths or compartments located inside a building or on the outside of the premises. Daily fees shall be due on the first day of each month and shall be payable no later than the tenth day of each month. All checks submitted must be payable to the town of Highland and must be accompanied with a written account of the number of booths per day for said month. A daily log of booth occupants shall be available for inspection by either the clerk-treasurer, building commissioner, or their designees, upon request.
(B) The license fees for the operation of a flea market shall be charged according to the following schedule:
(1) Annual or base license fee: $115.00;
(2) Supplemental daily fee: $0.60 per day, per booth or compartment.
(C) In order to operate an arts, crafts, and/or painting display, or itinerant restaurant, the operator/applicant shall pay a license fee comprised of a base or annual charge and a supplemental daily fee, which shall be paid for each day that said arts, crafts, and/or painting display, or itinerant restaurant, is in operation. The daily fees for arts, crafts, and/or painting displays, and itinerant restaurants, shall be paid by said applicant operator prior to the issuance of the license and said applicant shall designate in his application the number of days said operation will be conducted. All checks submitted must be payable to the town of Highland.
(D) No fee shall be charged nor shall any license be needed for any flea market operation, arts, crafts, and/or painting display, fireworks stand, or itinerant restaurant where the operation is sponsored by or given for the benefit of any religious, educational, charitable, social, governmental or fraternal organizations or the Highland/Griffith chamber of commerce.
(E) The license fees for the operation of an arts, crafts, and/or painting display, or itinerant restaurant, shall be charged according to the following schedule:
(1) Annual or base license fee: $115.00;
(2) Supplemental daily fee: $5.75 per day, per booth or compartment. [Ord. 1687 § 2, 2018].
5.30.060 Insurance and indemnification agreement.
(A) No license shall be issued for conducting a flea market, arts, crafts, and/or painting display, or itinerant restaurant until the applicant hereof has placed on file with the clerk-treasurer a certificate or certificates of insurance indicating that there is in effect public liability insurance covering any damages arising out of the use and operation of any and all devices, facilities, and vehicles operating in connection with such operations. Such insurance shall be in the minimum amount of $100,000 for bodily injury to each person, $300,000 for each accident, and $50,000 for property damage.
(B) As a condition precedent to the issuance of a license for conducting a flea market, arts, crafts, and/or painting display, or itinerant restaurant, the applicant shall execute an indemnification agreement wherein the applicant agrees to indemnify and hold the town, its agents and employees, harmless from and against all claims, demands, liabilities, suits or actions (including all reasonable expenses and attorneys’ fees incurred by or imposed by the town in connection therewith), for such loss, damage, injury, or other casualty arising out of the use and operation of any and all devices and facilities operating in connection with such flea market, arts, crafts, and/or painting display, or itinerant restaurant. [Ord. 874, 1982. Code 1983 § 9-69. Code 2000 § 113.06].