SOLICITATION BY TRANSIENT MERCHANTS

AN ORDINANCE REGULATING SOLICITATION BY TRANSIENT MERCHANTS
August 30, 2012 at 11:51 AM
ORDINANCE NO. 1-2011

AN ORDINANCE REGULATING SOLICITATION BY TRANSIENT MERCHANTS

WHEREAS, it is deemed by the City Council of the City of Gas City that it is appropriate to encourage sound business practices within the City and to protect the citizens of Gas City from deceitful business practices of transient merchants engaged in the sale or offering for sale goods, wares or merchandise.

NOW THEREFORE, Be it ordained by the Common Council of the City of Gas City that:

(a) Transient merchant means transient merchant as defined by I.C. 25-37-1-2, gt seq.

(b) The City hereby taxes, licenses, and regulates transient merchants and charges a fee for the transaction of business by transient merchants within the city limits of Gas City, Indiana and provides for the punishment of persons violating this Code section.

(c) Each transient merchant shall obtain a permit from the City Clerk-Treasurer before engaging in business by paying a licensing fee in the amount of Twenty-five dollars ($25) per week. (A week shall consist of seven consecutive calendar days commencing on the day of issuance of the license).

(d) This fee shall defray the costs of the City in administrating its regulatory power and be paid in full prior to the issuance of the license. Such fee shall be deposited into the City’s General Fund.

(e) This Ordinance shall supersede Ordinance shall supersede Ordinance No. 670-1953, which Ordinance No. 670-1953 shall be and is hereby revoked, and shall be of no further effect from and after the effective date of this Ordinance.

(f) No person shall accompany a transient merchant during the transaction of business unless that person has obtained a permit under this Code Section.

(g) All transient merchants and solicitors shall display on their person identification which clearly states their name and the organization, in any, with which they are affiliated in the transaction of business.

(h) All transient merchants shall carry with them the permit issued by the Gas City Clerk- Treasurer.

(I) No transient merchant shall enter upon property in the City on which a sign or notice stating “No Solicitors” or words to that affect is posted and plainly visible.

(j) Transient merchants are prohibited from soliciting on Sundays and holidays. Holidays are defined as New Years Day, Martin Luther King Day, Presidents Day , Valentines Day, Good Friday, Memorial Day, 4th of July, Labor Day, Columbus Day, Halloween, Veterans Day, Thanksgiving Day, Christmas Eve and Christmas Day. The hours of soliciting shall be limited to 10:00 a.m. Through 5:00 p.m., local time.

(k) Any person violating any provision of this Code Section shall be guilty of an ordinance violation and upon conviction, shall be fined a sum not to exceed One Hundred Dollars ($100.00). Each day a transient merchant shall engage in the transaction of business without a license or in violation of Section (f) (g) (h) or (I), shall constitute a separate offense.

It is ordered that This Ordinance shall become effective upon passing by the Common Council of the City of Gas City.

PASSED by the Common Council of the City of the Gas City, Indiana, this 1st day of March, 2011.

Larry Terwillegar

James Richards

David Huffman

Mike Planck

Donald Clark

Presented by me to the Mayor of the City of Gas City, Indiana, this 1st day of March, 2011.

Julie Flores, Clerk-Treasurer

APPROVED by me, the Mayor of the City of Gas City, Indiana this 1st day of March, 2011.

H. Larry Leach, Mayor

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