HomeMy WebLinkAboutLicense - Transient Merchant - St. Joseph County 4-H FairINTER-OFFICE MEMORANDUM
BOARD OF PUBLIC WORKS
DATE SENT: 2/5/2021
TO: Angela Smith, South Bend Area Plan
Gerald Ellis, Fire Department
Brad Rohrscheib, Police Department
Kylie Carter, DTSB, Inc.
Legal Department
FROM: Anne Fuchs, Clerk
SUBJECT: TRANSIENT MERCHANT LICENSE RENEWAL
RECOMMENDATION
APPLICANT: St. Joseph County 4-H Fair
LOCATION: 511 Ironwood South Bend, IN 46614
DATE OF EVENT: July 2, 2021 – July 10, 2021
DATE DUE: February 16, 2021
FAX OR E-MAIL TO: 235-9171 / afuchs@southbendin.gov
RECOMMENDATIONS AND COMMENTS:
By Date
X
XX
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.
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 and any other owners or operators of the business.
All proposed locations must be properly zoned for the proposed business activity, and any building used
must be safe for public occupancy. 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: adequacy of ingress and egress,
parking requirements, zoning requirements, and related building safety requirements of this Code.
The licensing clerk shall also refer all applications to the Bureau of Fire Prevention for review and
recommendation to the Board of Public Works. Said review shall address the compliance of the proposed
building to be used for the sale with the fire safety requirements established by state and local law.
If food is served in a ready-to-eat condition, the licensing clerk shall refer the application to the County
Health Department for review and recommendation. Said review shall include an inspection of all
refrigeration equipment to be used in the business and ensure that the business meets the minimum
sanitation requirements established by state and local law.
(d)Additional provisions for group events.
(1)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 and one (1)
public liability insurance policy shall be filed by the sponsoring organization or person on behalf
of all participants.
(2)A listing of all participants in the group event by name, address and telephone number shall be
maintained by the sponsoring organization or person for a period of not less than two (2) years
after the conclusion of the group event. During that time period, the sponsor shall provide the
name, address and telephone number of any individual participant to the City of South Bend or
any member of the public upon request. This provision is not intended to require the sponsor to
disclose the entire vendors list, but to ensure that any individual vendor may be located to
address consumer complaints or claims that may occur.
(e)Application Approval Procedures.
(1)Upon receipt of written recommendations from the Police Department, the Building
Commissioner, the Bureau of Fire Prevention, and the County Health Department and Bureau
of Weights and Measures, if appropriate, 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.
(3)The applicant, or a proper designee, must be present at said hearing and be available to and
capable of answering any questions propounded by the City or the public with regard to the
proposed business activity.
(4)The Board shall approve the issuance of the license unless the investigation of said transient
merchant's application or evidence adduced at the hearing discloses tangible evidence that the
conduct of the applicant's business would pose a threat to the public health, safety, or general
welfare. The following will constitute valid reasons for disapproval of a license. Tangible
evidence that applicant(s), owner(s), or operator(s):
a.Have been convicted of a crime of moral turpitude; or
b.Have made willful misstatements in the application; or
c.Have committed prior violations of statutes or ordinances pertaining to transient merchants,
peddlers, solicitors, and the like; or
d.Have committed prior fraudulent acts; or
e.Have a record of multiple breaches of solicited contracts.
(5)The Board shall make approval of all licenses issued hereunder subject to the filing of proof of
issuances with the Board of Public Works, which covers the transient merchant activity within
the City. Said policy shall provide coverage for personal injury, including death and property
damage to members of the public in the amount of not less than three hundred thousand dollars
($300,000.00) per person and one million dollars ($1,000,000.00) per occurrence. The
certificate of insurance filed must contain a provision that the City of South Bend, Board of
Public Works, shall be given no less than fifteen (15) days notice prior to the effective date of
cancellation or material change of the policy.
(6)Any applicant may appeal denial of a license pursuant to the procedures set forth in Section 4-
16 of this Code.
(f)Display of License and Other Documents Required.
(1)Anyone who is issued a license pursuant to subsection (e) above 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 used for the sale.
(2)Said documents must remain posted throughout the duration of the transient merchant activity
within the City.
(g)License fees.
(1)The license fee for a transient merchant shall be one hundred thirty-five dollars ($135.00) for a
continuous period of not more than fifty-nine (59) days of operation at the location approved by
the Board of Public Works. Operation at another location within the City during the fifty-nine (59)
day period shall require the issuance of a separate license.
(2)Transient merchants obtaining a license for proposed business operations during the months of
November and/or December, which sell only live or natural Christmas trees or natural wreaths,
shall pay a license fee of fifty dollars ($50.00).
(h)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. The provisions of this
section shall also not apply to vendors exhibiting at the St. Joseph County Fairgrounds, a non-for-
profit, however the St. Joseph County Fairgrounds shall be required to obtain an annual transient
merchant license to cover all such transient merchants participating at the St. Joseph County
Fairgrounds for an annual license fee of fifty dollars ($50.00).
(i)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.
(2)Anyone whose business is shut down pursuant to subparagraph (1) above shall be required to
pay a license fee of twice the amount listed in subsection (g) herein for the specific category
listed.
(3)In addition to the foregoing, anyone violating a provision of this section shall be subjected to a
fine in an amount not exceeding two thousand five hundred dollars ($2,500.00) per violations.
Every day any violation of this section continues shall constitute a separate offense.
(j)Suspension or Revocation of Licenses. The City may suspend or revoke any license issued under
this section pursuant to Section 4-16 of this Code.
(k)Citation Against Property Owner. It shall be a violation of this section for any property owner within
the City to permit the operation of an unlicensed transient merchant business on the property
owner's real estate. Any owner of real estate where a transient merchant conducts business without
a properly issued City license shall be subject to a fine in an amount not exceeding five hundred
dollars ($500.00) for each day that the owner has actual notice of violation.
(Ord. No. 8060-90, § III; Ord. No. 8227-91, § 1; Ord. No. 8420-93, § I; Ord. No. 8639-95, § II;
Ord. No. 9093-00, § XXII)
From:Brad Rohrscheib
To:Nateesha Jacobs; BPW Recommendations
Subject:RE: Memo - Transient Merchant - 4-H Fair
Date:Friday, February 5, 2021 3:17:54 PM
Police Dept. has no objections. Thank you.
Sgt. Brad Rohrscheib
Traffic & Special Events
South Bend Police Department
701 W. Sample St.
South Bend, IN 46601
(574) 235-9817
From: Nateesha Jacobs <njacobs@southbendin.gov>
Sent: Friday, February 5, 2021 3:09 PM
To: BPW Recommendations <BPWRecommendations@southbendin2.onmicrosoft.com>
Subject: Memo - Transient Merchant - 4-H Fair
Hello all,
Please provide your recommendations.
Thanks,
Nateesha Jacobs
Administrative Assistant Department of Public Works, Engineering Division(574) 235-9197njacobs@southbendin.govCity of South Bend227 W. Jefferson Blvd., Suite 1316South Bend, IN 46601
We deliver services that empower everyone to thrive.
Excellence | Accountability | Innovation | Inclusion | Empowerment
From:Gerard Ellis
To:Nateesha Jacobs; BPW Recommendations
Subject:Re: Memo - Transient Merchant - 4-H Fair
Date:Friday, February 5, 2021 3:32:22 PM
No issues from Fire.
Gerard Ellis
Assistant Chief of Prevention
South Bend Fire Department
1222 S Michigan St.
South Bend IN 46601
Ph: 574-235-7564
From: Nateesha Jacobs <njacobs@southbendin.gov>
Sent: Friday, February 5, 2021 3:09:12 PM
To: BPW Recommendations <BPWRecommendations@southbendin2.onmicrosoft.com>
Subject: Memo - Transient Merchant - 4-H Fair
Hello all,
Please provide your recommendations.
Thanks,
Nateesha Jacobs
Administrative Assistant Department of Public Works, Engineering Division(574) 235-9197njacobs@southbendin.govCity of South Bend227 W. Jefferson Blvd., Suite 1316South Bend, IN 46601
We deliver services that empower everyone to thrive.
Excellence | Accountability | Innovation | Inclusion | Empowerment
From:Matt Longfellow
To:Nateesha Jacobs; Laura Hensley
Cc:BPW Recommendations
Subject:FW: Memo - Transient Merchant - 4-H Fair
Date:Friday, February 12, 2021 9:00:51 AM
Attachments:St. Joseph County 4-H Fair Transient Merchant App_.pdf
Engineering has no objections.
Matt Longfellow
Permit Inspector
Public Works Engineering
Office: (574) 235-5929
Mobile: (574) 286-9589
mlongfel@southbendin.gov
City of South Bend
227 W. Jefferson Blvd., Ste. 1316
South Bend, IN 46601
http://www.southbendin.gov
From: Nateesha Jacobs <njacobs@southbendin.gov>
Sent: Friday, February 5, 2021 3:09 PM
To: BPW Recommendations <BPWRecommendations@southbendin2.onmicrosoft.com>
Subject: Memo - Transient Merchant - 4-H Fair
Hello all,
Please provide your recommendations.
Thanks,
Nateesha Jacobs
Administrative Assistant Department of Public Works, Engineering Division(574) 235-9197njacobs@southbendin.govCity of South Bend227 W. Jefferson Blvd., Suite 1316South Bend, IN 46601
We deliver services that empower everyone to thrive.
Excellence | Accountability | Innovation | Inclusion | Empowerment
From:Chris Dressel
To:Nateesha Jacobs; Laura Hensley
Subject:RE: Memo - Transient Merchant - 4-H Fair
Date:Thursday, February 18, 2021 4:36:11 PM
DCI recommends for approval.
From: Nateesha Jacobs <njacobs@southbendin.gov>
Sent: Friday, February 5, 2021 3:09 PM
To: BPW Recommendations <BPWRecommendations@southbendin2.onmicrosoft.com>
Subject: Memo - Transient Merchant - 4-H Fair
Hello all,
Please provide your recommendations.
Thanks,
Nateesha Jacobs
Administrative Assistant Department of Public Works, Engineering Division(574) 235-9197njacobs@southbendin.govCity of South Bend227 W. Jefferson Blvd., Suite 1316South Bend, IN 46601 We deliver services that empower everyone to thrive.
Excellence | Accountability | Innovation | Inclusion | Empowerment
From:Angela M. Smith
To:Laura Hensley
Subject:RE: Transient Merchant Recommendation?
Date:Wednesday, February 24, 2021 4:21:03 PM
Attachments:image001.png
We have no objections to this use.
From: Laura Hensley <lhensley@southbendin.gov>
Sent: Wednesday, February 24, 2021 11:48 AM
To: Angela M. Smith <amsmith@southbendin.gov>
Subject: Transient Merchant Recommendation?
Hello Angela,
Please disregard the last email I sent for the Alley Vacation, I meant to get your recommendation for
this license instead. Sorry for any confusion. Hope you have a great day!
Laura Hensley
Administrative Assistant
Department of Public Works
(574) 235-5927
lhensley@southbendin.gov
City of South Bend
227 W. Jefferson Blvd., Ste. 1316
South Bend, IN 46601
Excellence | Accountability | Innovation | Inclusion | Empowerment