CHAPTER 110
PEDDLERS, SOLICITORS, TRANSIENT MERCHANTS
Section
110.02 Conduct exempted from chapter
110.03 Application for exemption
110.07 License issuance or denial
110.08 License limited to holder
110.09 License to be displayed
110.10 Suspension or revocation of license
110.009 PURPOSE.
The purpose of this chapter is to promote and safeguard the public health, safety, general welfare and peace of the people of the City of Plymouth and to protect the people of the City of Plymouth from endangerment associated with those who would take the opportunity to canvass streets with intentions to violate laws.
(Ord. 2020-2167, passed 7-27-2020)
110.01 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PEDDLER or SOLICITOR. Every person who shall sell or offer for sale, goods, wares or merchandise directly to a consumer by going from house to house for the purpose of selling such goods, or by selling such goods from a pack or vehicle, and every person who shall offer any goods, wares, milks, food stuffs, bread, vegetables, fruits, farm products or provisions, ice cream, candy or sundries on any public road, street, square or other place shall be determined a PEDDLER or SOLICITOR.
TRANSIENT MERCHANTS or ITINERANT MERCHANTS. All persons both as principals and agents who engage in, do or transact any temporary or transient business in this city by selling goods, wares and merchandise and who, for the purpose of carrying on such business, hire, lease or occupy any room, building, vehicle, railway car, store, shop, vacant lot, parking lot, tent or other structure for the exhibition and sale of goods, wares and merchandise excepting those hereinafter exempted. Any person conducting a business as above set forth within the city for a period of less than 120 days in any calendar year shall be deemed a TRANSIENT MERCHANT.
(1994 Code, § 110.01) (Ord. 1309, passed 11-8-1982)
110.02 CONDUCT EXEMPTED FROM CHAPTER.
The provisions of this chapter shall not apply to sales made to dealers made by commercial travelers or selling agents in the usual course of business nor to bona fide sales of goods, wares and merchandise by sample for future delivery, nor to sheriffs, constables or other public officers selling goods, wares and merchandise according to law nor to bona fide assignees or receivers appointed in this state selling goods, wares and merchandise for the benefit of creditors nor produce or provisions or fruit when such produce or provisions or fruit is of the seller’s own raising, nor does it have any application to transient merchants who maintain booths or other ways of selling as a part of the annual Blueberry Festival or Plymouth Farmer’s Market where such merchants are a part of and who have properly registered and paid all fees necessary for their operation with the Blueberry Festival Committee or Plymouth Farmer’s Market Committee; provided, however, that all persons who desire to sell produce, vegetables, or fruits of their own raising, outside of the Blueberry Festival or the Plymouth Farmer’s Market, before peddling the same shall apply to the Clerk-Treasurer and make an affidavit to the effect that the produce, vegetables, or fruits which he desires to sell is of his own raising. If such person fails or refuses to make such affidavit, then, if he peddles, he shall be liable to the penalty provisions contained herein.
(1994 Code, § 110.02) (Ord. 1309, passed 11-8-1982; Am. Ord. 2020-2167, passed 7-27-2020)
110.03 APPLICATION FOR EXEMPTION.
Any non-profit or charitable organization desiring an exemption from the terms of this chapter may make application for such exemption at the office of the Clerk-Treasurer, and the Common Council shall conduct a hearing on said application at its next regularly scheduled meeting following receipt of said application. The Common Council is hereby empowered to grant such exemptions where there is a showing that such organization is of a non-profit nature and that the funds raised by such sale are for educational, charitable or other like purposes.
(1994 Code, § 110.03) (Ord. 1309, passed 11-8-1982)
110.04 LICENSE REQUIRED.
It shall be unlawful for any transient merchant or peddler or solicitor to engage in, do or transact any business as such in the city without first having obtained a license as provided in this chapter.
(1994 Code, § 110.04) (Ord. 1309, passed 11-8-1982) Penalty, see § 110.99
110.05 LICENSE APPLICATION.
Each transient merchant, solicitor, or peddler desiring to do business within the city shall file his verified application for a license for that purpose with the Clerk-Treasurer. Such application shall state the name and give the residence of the applicant and shall state the room, building, vehicle, railroad car, store shop, vacant lots or parking lots, tent or other structure in which the applicant expects to do business and the make and character of the goods, wares and merchandise he intends to sell and the length of time for which he desires to do business and such other matters which may reasonably be required.
(1994 Code, § 110.05) (Ord. 1309, passed 11-8-1982)
110.06 LICENSE FEE.
The applicant for a license under the provisions of this chapter shall pay to the Clerk-Treasurer as a license fee $10 per day for each day or any part thereof for which the applicant desires to engage in business as a peddler or transient merchant within the city.
(1994 Code, § 110.06) (Ord. 1309, passed 11-8-1982; Am. Ord. 92-1552, passed 6-8-1992)
110.07 LICENSE ISSUANCE OR DENIAL.
The City of Plymouth shall act under the terms of this chapter within 2 business days after the submission of the license application to the Clerk-Treasurer’s office, by either issuing or denying the license as follows:
(A) Issuance of License. The City of Plymouth shall issue an applicant a license if all of the following conditions are met:
(1) Applicant has submitted a complete application, including a valid picture I.D., and applicable license fee; and
(2) Applicant is cleared following performance of a background check by the Plymouth Police Department.
(B) Denial of License. The City of Plymouth shall deny an applicant a license if any of the following conditions apply:
(1) The applicant has been convicted of a felony, or a misdemeanor involving crimes against property for theft, fraud, burglary, dishonesty or deception;
(2) The applicant has any outstanding warrants;
(3) The applicant has been required to be registered or is actively registered on the Indiana Sex and Violent Offender Registry, or other similar registry of any other state or foreign nation; or
(4) The applicant has prior law enforcement contacts for violation of this chapter which may be cause for denial.
(1994 Code, § 110.07) (Ord. 1309, passed 11-8-1982; Am. Ord. 2020-2167, passed 7-27-2020)
110.08 LICENSE LIMITED TO HOLDER.
No license issued pursuant to this chapter shall be good for more than 1 person unless such persons are co-partners, nor for more than 1 place. No license issued under the provisions of this chapter shall be transferrable.
(1994 Code, § 110.08) (Ord. 1309, passed 11-8-1982)
110.09 LICENSE TO BE DISPLAYED.
Any license herein issued pursuant to this chapter shall be prominently displayed by said transient merchant or peddler at all times while said business is being transacted in this city.
(1994 Code, § 110.09) (Ord. 1309, passed 11-8-1982)
110.10 SUSPENSION OR REVOCATION OF LICENSE.
(A) Any license issued under this chapter may be suspended or revoked for any of the following reasons:
(1) Fraud or misrepresentation in the application for a license;
(2) Fraud or misrepresentation in the course of conducting solicitation activities;
(3) Conducting solicitation activities contrary to the conditions of the license;
(4) Conducting solicitation activities in such a manner as to create a public nuisance or constitute a danger to the public health, safety or welfare of the citizens.
(B) Upon suspension or revocation, the city shall deliver written notice to the license holder stating the action taken and the reason supporting such action. The written notice shall be delivered to the license holder’s place of business or mailed to the license holder’s last known address.
(1994 Code, § 110.10) (Ord. 92-1552, passed 6-8-1992)
110.11 APPEALS.
Persons who are denied licenses or whose licenses have been suspended or revoked may appeal by filing a written notice of appeal with the city. Appeals must be filed within 21 days after receipt of the notice of denial, suspension, or revocation. The Board of Public Works and Safety shall hear and determine the appeal and the decision of the Board of Public Works and Safety shall be final.
(1994 Code, § 110.11) (Ord. 92-1552, passed 6-8-1992)
110.99 PENALTY.
Any person or persons violating this chapter shall, upon conviction, be fined in a sum of not more than $2,500. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
(1994 Code, § 110.99) (Ord. 1309, passed 11-8-1982)