CHAPTER 112
PEDDLERS, VENDORS, AND ITINERANT MERCHANTS
Section
112.01 Registration procedure; fee
112.02 Compliance with regulations
112.01 REGISTRATION PROCEDURE; FEE.
(A) It shall be unlawful for any person over 16 years of age to conduct a public opinion poll, canvass for any purpose or to solicit orders of purchase for future delivery of any goods, wares or merchandise, including magazines and other printed matter, from door to door or on any street or highway within, or by telephone from and within, the city, without first registering with the Police Department of the city and having his credentials stamped as provided in divisions (B) and (C). Registration shall not constitute a permit to enter privately policed areas. (’73 Code, § 13-1)
(B) The applicant shall tender a licensing fee of $10 as allowed by I.C. 36-1-3-8(5). This license shall be valid for a period of six days from the date of issuance. An applicant for permission to conduct a public opinion poll, canvass for any purpose or solicit orders shall complete an application blank provided by the Police Department of the city, which application shall contain the following information:
(1) The name, Social Security number, home address and local address, if any, of the applicant.
(2) A physical description of the applicant, setting forth the applicant’s age, height, weight, color of hair and eyes.
(3) The name and address of the person, firm or corporation for whom or through whom orders are to be solicited or cleared, license number and color, make and model of all motor vehicles used by applicant.
(4) The nature of the goods, wares or merchandise for which orders are to be solicited.
(5) A statement as to whether the applicant has been arrested or convicted of any crime or misdemeanor and, if so, what.
(6) A statement as to the period during which the applicant intends to solicit orders.
(7) Satisfactory proof that the organization or company for which the applicant is working exists and is bona fide.
(8) The applicant, at the time of executing such application blank, shall also submit identification satisfactory to the Police Department which shall contain a specimen of the applicant’s signature. (’73 Code, § 13-2)
(C) Upon compliance by the applicant with the provisions of division (B), the Police Department shall thereupon stamp the credentials and set forth,the name and address of the applicant and of his employer, if any, the nature of the goods, wares or merchandise for which orders are to be solicited times of day and the period during which the applicant may solicit orders, which shall not exceed one year, provided, however, that the Police Department shall not be required to grant such permission to any person who shall have been convicted of any crime or misdemeanor involving moral turpitude or of any violation of this chapter. (’73 Code, § 13-3)
(D) Stamped credentials shall be nontransferable and shall entitle the holder thereof, for the period indicated therein, unless revoked, to conduct a public opinion poll, canvass, or to solicit orders within the city for the purchase of the goods, wares or merchandise specified in his application; provided, that the holder shall have his stamped credentials in his possession at all times while soliciting orders and shall exhibit the same at any time upon request by any police officer of the city or any purchaser or prospective purchaser. (’73 Code, § 13-4)
(E) The Chief of Police may appoint any person or agent of the Police Department to perform the clerical functions of registering solicitors under this chapter; provided, that such agent shall not receive any compensation from the city and shall not refuse to stamp the credentials of any solicitor except upon the direction of the Chief of Police or some member of the Police Department designated by him, and the cancellation of the Department’s stamp shall be effected only by the Chief of Police or by some member of the Police Department designated by him. (’73 Code, § 13-7)
(Ord. 1-66, passed - -66; Am. Ord. 18-82, passed 10-25-82) Penalty, see § 112.99
112.02 COMPLIANCE WITH REGULATIONS.
Any person conducting a public opinion poll, canvassing for any purpose or soliciting the city, whether or not required to register under the provisions of this chapter, shall conform to the following regulations:
(A) He shall conduct himself at all times in an orderly and lawful manner.
(B) He shall give a written receipt for all orders taken within the city. Such receipt shall be signed by the solicitor and shall set forth a brief description of the goods, wares or merchandise ordered, the total purchase price thereof, and the amount of the down payment received by the solicitor from the purchaser.
(’73 Code, § 13-5) (Ord. 1-66, passed - -66) Penalty, see § 112.99
112.03 EXEMPTIONS.
This chapter shall not apply to salesmen selling goods to retail or wholesale stores for resale, or to any person who has and has had for the preceding six months a regular place of business residence in the city or the county, in an area immediately adjacent to the city. A regular place of business shall be construed to be any establishment or residence from which a business is being conducted and any person employed by or soliciting for any such person, firm or corporation, shall not be required to register before soliciting orders, but all other provisions of this chapter shall apply to such persons.
(’73 Code, § 13-6) (Ord. 1-66, passed - -66)
112.99 PENALTY.
(A) Any person violating any of the provisions of this chapter or making any false statements or misrepresentations of fact for the purpose of obtaining permission to solicit orders shall, upon conviction thereof, be fined up to $2500 as provided by I.C.36-1-3-8(b)(10). Each solicitation or sale shall be deemed a separate offense, and pending trial therefor, the Police Department may suspend such permission to solicit. Upon any registered person being convicted of any violation under this chapter or involving moral turpitude, the stamped credentials of such person shall be delivered to the Police Department and with Department’s stamp thereon shall be cancelled, and such persons shall not thereafter solicit orders in the city without re-registering.
(B) For Ordinance Violation Bureau fines for violations of §112.01, see §34.94.
(’73 Code, § 13-8) (Ord. 1-66, passed - -66; Am. Ord. 18-82, passed 10-25-82)