License - Transient Merchant - St. Joseph County 4-H Fair

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Sec. 4-60. - Transient merchants. (a)Definitions. (1)Transient merchant shall mean any person, firm, partnership, association or corporation which engages in the sale of merchandise in any place in the City on a temporary basis and does not anticipate becoming an established business merchant for a continuous period of time of sixty (60)days or longer. A transient merchant includes anyone who for himself or as an agent for another, rents, erects, purchases, uses, or occupies any vehicle, room, building, or other structure, including but not limited to those located in or along parking lots, shopping centers, sidewalks, or other areas for the purpose of purchasing, selling, or offering for sale anything of value at such location without becoming an established business merchant. A transient merchant shall not include an "open air business" which is regulated under Section 4-38 of this Code, or a "peddler" or "canvasser" which is regulated under Section 4-43 of this Code. (2)Established business merchant shall mean any person, firm, partnership, association or corporation which engages in the sale of merchandise and anticipates becoming a business merchant for a continuous period of time of sixty (60) days or longer in the City. (3)A group event shall occur when two (2) or more vendors or exhibitors participate as a group in a sales event with a common theme or purpose, which event lasts for less than sixty (60) days. Group events include, but are not limited to, antique shows, recreational vehicle, boat, or automotive shows, hobby shows, or similar events which are to be held for the purpose of sale or rental for such items or services to the general public. Group events shall not include events which are not open to the general public or where on-floor sales may occur that are not the primary purpose of the event. (b)License required. Anyone who anticipates selling merchandise as a transient merchant shall, before engaging in business in the City, obtain a license from the City Controller's Office. (c)Application. Application forms shall be provided by the City Controller's Office. Completed forms must be filed no later than thirty (30) days prior to the first date on which the applicant intends to do business. Said application shall require but not be limited to the applicant's providing the following information: (1)The name under which the business will be conducted. (2)The name(s), address(es), telephone number(s), social security number(s), and birth date(s) of the applicant(s). If the business is owned or operated by more than one (1) person all principal partners and owners must be listed by name, address, telephone numbers, social security numbers, and birth dates. (3)The location(s) where the applicant intends to do business and a description of the facilities to be used. (4)The dates and times for which the applicant intends to do business. (5)A description of the types of merchandise intended to be sold or contracted for. (6)A brief statement of the nature of the advertising proposed to be done for the business. (7)The name, address and telephone number of the contact person who shall be available for a period of time of not less than sixty (60) days following the last date of business who will respond to consumer complaints. (8)The applicant's Indiana State Retailer License Number. (9)Verification under oath that all of the information provided is truthful. All applicants who intended to sell any type of merchandise by weight or measure must state such intent to the licensing clerk at the time of filing the application. The applicant will then be required to obtain a valid certificate signed by the Sealer of Weights and Measures of the City of South Bend that all scales and measures to be used by the applicant in his business have been tested and approved.