HomeMy WebLinkAboutAmending Sections 4-17, 4-43, 4-60 and 4-64 Licensing Regulation Amendments Addressing Transient Merchants e1
ORDINANCE No. 8086-90
Passed by the Common Council of the City of South Bend, Indiana
May 14, rq 90
Attest: City Clerk
IRENE K. GAMMON
Attest: __ President of Common Council
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Presented by me to the Mayor of the City of South Bend, Indiana
May 15, 90
ig
City Clerk
IRENE K. GAMMON
Approved and signed by me Of11.)1— I e i9 q
Mayor
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Substitute Bill No. 22-90 (5/14/90)
(As Amended
Ordinance No. �sia"90
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, AMENDING SECTIONS 4-17, 4-43, 4-60,
AND 4-64 BY THE ADDITION OF LICENSING REGULATION AMENDMENTS
ADDRESSING TRANSIENT MERCHANTS.
STATEMENT OF PURPOSE AND INTENT
The Common Council of the City of South Bend, Indiana,
with the cooperation and assistance of the South
Bend/Mishawaka Area Chamber of Commerce have been studying
the issue of Transient Merchants for the past several
months.
The attached Bill would amend current procedures by the
inclusion of reasonable licensing provisions addressing
Transient Merchants. It is believed that this Bill would be
in the best interest of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, as follows:
SECTION I. Chapter 4, Article 3, Section 4-17 (c) of
the Municipal Code of the City of South Bend, Indiana, is
hereby amended to read as follows:
(c) Regulated business:
(1) Arborist, tree servica.
[ (lb) Carnivals and circu..ses. ]
(2) Automotive repair service centers.
(3) Food vending vehicles.
(4) Hotels, Motels.
(5) Laundries, laundries (self-service) ,
self-service dry cleaners.
(6) Massage parlors.
(7) Massage technicians.
(8) Open air stands.
(9) Peddlers, transient-merehants; and
canvassers.
(10) Outdoor motion picture theaters.
(11) Paraphernalia (drug related) .
(12) Precious metals.
(13) Public parking facilities.
(14) Restaurants.
(15) Restaurants with live entertainment,
music (Class A and B cabarets) .
(16) Rubbish and garbage removal.
(17) Scrap metal dealers, transfer stations,
recycling operations, junk dealers.
(18) Secondhand dealers.
(19) Solicitations, charitable.
(20) Taxicabs.
(21) Transient merchants.
(22) Vehicle removal service.
SECTION II. Chapter 4, Article 4, Section 4-43 (a) of the
Municipal Code of the City of South Bend, Indiana, is hereby
amended in part to read as follows:
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include persons selling from any type of
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SECTION III. Chapter 4, Article 4 of the Municipal Code of
the City of South Bend, Indiana, is hereby amended by the
addition of new Section 4-60 which shall read in its
entirety as follows:
Sec. 4-60. Transient Merchants.
(a) Definitions.
(1) "Transient Merchants" 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. Transient merchants include
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. Transient merchants shall
not include "open-air businesses" which are
regulated under Section 4-38 of this Code, or
"peddlers" or "canvassers" which are
regulated under Section 4-43 of this Code.
(2) "Established Business Merchants" 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) "Group Event" shall mean vendors or
exhibitors participating in a group event
including, but 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 not open to the general public
where there may be on-floor sales which are
not the primary purpose of the event.
(b) License Required. Everyone 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
but not be limited to the applicant providing
the following information:
(1) The name under which the
business will be conducted.
(2) The name(s) , address(es) , and
telephone number(s) of the applicant(s) .
If the business includes more than one
(1) person all principal partners and
owners must be listed by name, address,
and telephone numbers.
(3) The location(s) where the
applicant intends to do business and a
description of the facilities or
premises 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 copy of all proposed
advertisements intended to be used on
the radio, television, newspapers or
other media, including handbills.
(7) The name, address, and
telephone number of the contact person
who will 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.
Said information must be included in all
written advertisements prior to engaging
in business.
(8) The applicant's Indiana State
Retailer License Number.
(9) A notarized statement or copy
of a signed contract verifying that the
owner of the property where the
transient merchant anticipates selling
merchandise has agreed to lease said
location for the dates and times
indicated, and that the property owner
realizes that such a sale requires a
said lessee to have a valid transient
merchant license issued by the City of
South Bend prior to the transaction of
such transient merchant business.
(10) Verification under oath that
all of the information provided is
truthful.
If the application is for a group event, the sponsoring
organization, agency, group, or person, shall complete one
(1) application form on behalf of all proposed participants
in the group event. For such group events, one (1) fee
shall be required of the sponsoring organization for the
number of days that the group event shall take place, and
one (1) bond or property liability insurance policy shall be
filed by the sponsoring organization on behalf of all
participants. A listing of all participants by name,
address, telephone number, and Indiana State Retailer's
license number shall be attached to said application when
filed by the sponsoring organization. The name, address,
and telephone number of the sponsoring organization shall be
sufficient for all requirements addressing contact persons
been tested and approved. Said copy must accompany the
written application.
All applications and accompanying information shall then be
referred to the Police Department for review and
recommendation to the Board of Public Works. Said review
shall address a background investigation of the applicant.
All proposed locations must be properly zoned for the
proposed business activity. Therefore a copy of the
completed application form shall be referred to the Building
Commissioner or his designee for review and recommendation
to the Board of Public Works. Said review shall address but
not be limited to the following: ingress and egress,
parking requirements, zoning requirements, and related
health and safety requirements of this Code.
(d) Licensing Procedures.
(1) Upon receipt of the written
reports of an applicant from the Police
Department and the Building
Commissioner, the Clerk of the Board of
Public Works shall submit to the Board
for its review and action a copy of said
reports, the application, and all other
required documents filed by the
applicant.
(2) The Clerk of the Board shall
set a date for the public hearing on
said application with the Board and
notify the applicant of the date and
time of said hearing.
13) The applicant, or a proper
designee, must be present at said
hearing and be available to answer any
questions propounded by the City with
regard to the proposed business
activity.
(4) The Board shall make all
licenses approved under this Section
subject to the applicant filing a bond
or property liability insurance policy.
Said bond or policy shall be in the
amount of not less than three hundred
thousand dollars ($300,000) for injury
to or destruction of property as a
result of any one (1) occurrence and a
public liability amount covering
accidental bodily injury, including
death, to any member of the public in
the amount of not less that one million
dollars ($1, 000, 000) for all public
liability from any one occurrence. Any
policy of insurance filed must contain
the following provision: "The City,
through the Office of the City
Controller, shall be given fifteen (15)
days of notice prior to the effective
date of the cancellation or material
change of this policy, "
(5) Upon favorable review by the
Police Department and Building
Commissioner of the applicant's
application, favorable action by the
Board of Public Works, and the filing of
(e) Display of License and other
Documents Required.
In Anyone intending to operate as
a transient merchant and who is issued a
license pursuant to sub-paragraph (d)
herein, must display said license along
with all written advertisements used for
the proposed sale, and the name,
address, and telephone number of the
contact person for consumer complaints
in a conspicuous location near the entry
of the facilities or premises.
(2) Said documents must remain
posted throughout the duration of the
time for which the license was issued.
(f) License Fees.
(1) The license fees for transient
merchants shall be as follows:
$350.00 for proposed business
operations of three (3) consecutive
days or less.
$500.00 for proposed business
operations of more than three (3)
consecutive days but less than
fourteen (14) total days of
operation.
$1000.00 for proposed business
operations of more than fourteen
(14) total days, but less than one
year of in any licensing year.
(g) Exemptions. Any person who has
filed and received a charitable solicitation
permit pursuant to Section 4-55 of this Code
shall be exempt from the provisions of this
section.
Sh) Penalties.
(1) Anyone doing business as a
transient merchant who has not posted or
is unable to produce a valid license as
required by this section when requested
to do so by an enforcement official,
shall immediately cease and desist all
further operations until said license is
properly applied for, issued by the
City, and properly posted.
12) Anyone who is shut down
pursuant to sub-paragraph (1) herein
shall be required to pay a license fee
of twice the amount listed in sub-
paragraph (f) herein for the specific
category listed.
(3) In addition to the foregoing,
the City may issue a $50.00 ordinance
violation citation to anyone who
violates any individual provision of
this section for each violation
committed.
(4) The City may also utilize its
(i) Citation Against Property Owner.
The City may issue a fifty dollar ($50.00)
ordinance violation citation to the owner of
the real estate where a transient merchant
conducts business without a properly issued
City license. Said citation may be issued
whether the property owner accepts cash or in
kind property for the lease of the premises
used by said transient merchant.
SECTION IV. Chapter 4, Article 4, Section 4-64 of the
Municipal Code of the City of South Bend, Indiana, is hereby
amended by the addition of the following language at the end
of such section:
Transient Merchant: 4-60
a. For up to three (3) consecutive days $350.00.
b. For more than three (3) consecutive days
but less than fourteen (14) $500.00.
c. For more than fourteen (14) days, but less
than one year $1000.00.
SECTION V. This ordinance shall be in full force and effect
on July 1, 1990, and after its passage by the Common Council
and approval by the Mayor.
Member of theme .mmon ncil
Me •er ofthe Common Council
'embe of the Common Council
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Me he Common/./ncil
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PUBL•C :HEARING /4-9 U
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/It1 ‘?, a? County-City Building • South Bend, Indiana 46601
Ilk, 186s April 30, 1990
Members of the Common Council (219) 284-9321
Fourth Floor
County-City Building
South Bend, Indiana 46601
Re: Proposed Transient Merchants Ordinance
Dear Council Members:
Thomas Zakrzewski
President The attached ordinance is being jointly sponsored by
Council Members Puzzello, Voorde, Luecke, and
Loretta Duda Coleman along with the South Bend/Mishawaka Area
Vice-President Chamber of Commerce.
Sean Coleman The ordinance is proposed in the interest of
Chairman. Committee strengthening the City's business and economic
of the Whole climate by proposing reasonable licensing
regulations for people who wish to do business in
the City in direct competition with established
Stephen Luecke businesses, but who do not wish to remain within
First District South Bend on a permanent basis.
Donald Niezgodski The proposed ordinance requires an applicant to file
Second District a completed form thirty (30) days prior to the first
date of proposed business activity. It requires the
William Soderberg Police Department as well as the Building
Third District
Commissioner to make a formal review and
Ann Puzzello recommendation to the Board of Public Works on all
Fourth District such applications. The applicant must appear in
person for the public hearing before the Board of
Linas Slavinskas Public Works. The Board will have the authority to
Fifth District set a specific amount for bonds or property
Thomas Zakrzewski liability insurance. Additionally, posting of all
Sixth District licenses, the name, address, and telephone number of
the person who will handle consumer complaints for a
Sean Coleman period of sixty (60) days after the close of the
At Large sale, and all advertisements, must be posted at the
entrance of all facilities having such sales.
Loretta Duda
At Large It is believed that the proposed bill is in the best
John Voorde interest of the City of South Bend.
At Large
Sincerely,
Kathle ekanki-Farrand
Council Attorney
Kathleen Cekanski-Farrand
Council Attorney cc: Michael Seitz, Patrick A. McGuire