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HomeMy WebLinkAboutAmending Chapter 4 to revise provisions for the licensing of Peddlers and Canvassers, precious metal dealers and secondhand stores'~ ORDINANCE No. aa,~-sa Passed by the Common Council of the Ciry of South Bend, Indiana January 12. 19 98 Attest: Attest: City Clerk President of Common Council Presented by me to the Mayor of the Ciry of South Bend, Indiana January 13, 19 98 Approved and signed by me January 13, 19 98 Ciry Clerk Mayor ~~~~ ORDINANCE N0. S ~a- 9g AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4 OF THE SOUTH BEND MUNICIPAL CODE TO REVISE PROVISIONS FOR THE LICENSING OF PEDDLERS AND CANVASSERS, PRECIOUS METALS DEALERS AND SECONDHAND STORES - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - STATEMENT OF PURPOSE AND INTENT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - The purpose of this ordinance is to amend Chapter 4 of the South Bend Municipal Code to revise provisions for the licensing of peddlers and canvassers, precious metals dealers and secondhand dealers. The Common Council of the City of South Bend determines that such businesses, when properly regulated, serve an important purpose within the community, and that careful regulation of such businesses is necessary to ensure the quality of such businesses and to protect the public safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: SECTION I. Chapter 4, Article 4, Section 4-43, of the South Bend Municipal Code shall be, and hereby is, amended to read as follows: Sec. 4-43. Peddlers and canvassers. (a) Peddler. A peddler is one who sells or offers for sale tangible commodities directly to a consumer from house to house, store to store, or on the streets. Peddlers shall include persons selling from any type of motor vehicle; persons going on foot as "pack peddlers." (b) Canvasser. A canvasser or solicitor is one who takes orders for future deliveries of goods or services in public or private places or from house to house and not from an established place on private premises. (c) License required. Every peddler and canvasser shall, before engaging in such business, obtain a license from the Office of the City Controller. (d) Application. The application for a peddler's or canvasser's license shall be made to the Office of the Controller, and shall set forth: (1) The name under which the business is to be conducted. (2) The name, address and telephone number of the applicant. (3) Driver's license number and license plate of vehicle to be used if any. (4) The location(s) where the applicant intends to do business. (5) The type of goods, wares or merchandise he intends to sell. (6) The length of time for which he intends to do business. All applicants for licenses to sell any goods, merchandise, fruits, vegetables, or produce sold by weight or measure, shall file a valid certificate signed by the Sealer of Weights and Measures that all scales and measures to be used by the applicant in his business have been tested and approved, at the time of making application. (e) "_,~= _-~~' Review and Recommendation. The application shall ~e~ be referred to the Police Department for review and recommendation. The Police Department shall conduct an investigation of each ,cant and make a recommendation to the Controller as to whether the application should be granted. In making its recommendation, the Police Department shall consider the criminal history of the applicant, if anv, and the likihood that granting the application will endanger the health, safety or welfare of thepublic. A report of the investigation and a copy of the traffic and police record of the applicant, if anv, and the recommendation of the Police Department, shall be attached to the implication for the consideration of-the Controller. The Controller shall consider the recommendation of the Police Department, and all information provided with or in support of the application in determining whether the application should be granted. (f) Peddler's and canvasser's license fees; bonds: (1) The fees or licenses for peddlers or canvassers using a pushcart, wagon, motor vehicle or any type of vehicle shall be as follows: ~ one hundred dollars ($fr$100.00) per year, or ~-~ fifty dollars ($3$50.00) for up to ten consecutive calendar days. 2 (2) The license fee for pack peddlers or canvassers shall be ~i-f-~- eighty-five dollars ( $x$85 . 00 ) per year, or forty dollars ($40.00) for up to ten (10) consecutive calendar days. (3) The City Controller may require an applicant to file a personal or surety bond with a maximum limit of Fifteen Hundred Dollars ($1, 500 .00) . (g) License badge or plates: (1} Pack peddlers and canvassers and all peddlers going door to door shall be supplied with a suitable badge or tag to be worn on a coat or attached to the pack or basket. The number of this badge or tag shall be noted in the license. Badges shall be worn when doing business. (2) Vehicle and pushcart peddlers shall be supplied with two (2) metal number plates bearing the same numbers on each plate. These plates shall be at least three and one half (3 1/2) by seven and one half (7 1/2) inches in size and contain the words "Peddler's License, South Bend, Indiana, No. ," giving the license number and the expiration date. (3) The metal signs shall be securely fastened in plain view, one on either side of the vehicle used by the licenses whenever he is engaged in operating under the license. The numbers of the plates shall be noted on the license when issued. (h) Exemptions. Any person who has filed for a charitable solicitations registration and permit pursuant to this chapter shall be exempt from the provisions of this section. SECTION II. Chapter 4, Article 4, Section 4-44, of the South Bend Municipal Code shall be, and hereby is, amended to read as follows: Sec. 4-44. Precious metals dealers. (a) Definitions. (1) Dealer means any person who holds himself out to the public as a purchaser of precious metals, or who in doing business engages in purchasing, trading, or offering by consignment silver, gold or precious metals. (2) Precious metals means any article made in whole or in part of gold, silver or platinum, but not including any coin, any gold or silver ingot or any gold or silver bar. 3 (3) Wholesale precious metals means articles made in whole or in part of silver, gold or platinum that have not been previously used, traded or sold by a retailer and that are being purchased by a dealer from a manufacturer or from a wholesaler or distributor of newly manufactured precious metals. (b) License and place of operation: (1) No dealer shall operate in the City except from a permanent shop or place of business. No dealer shall operate upon public property or from a vehicle, flea market, hotel room, or similar location. (2) No dealer shall operate in the City who does not possess a valid precious metals dealer license. ~_ The application for a precious metals dealer license shall be made to the Office of the Controller, and shall set forth• conducted; _~ The name under which the business is to be ~bL The name, address and telephone number of the applicant; S~ The location(s) where the applicant intends to do business; and ~_ The type of goods, wares or merchandise the applicant intends to sell. 14L The_application shall then be referred to the Police Department for review and recommendation. The Police Department shall conduct an investigation of each applicant and make a recommendation to the Controller as to whether the application should be granted. In making its recommendation, the Police Department shall consider the criminal history of the applicant, if any, and the likihood that granting the application will endanger the health, safety or welfare of the public. A report of the investigation and a copy of the traffic and police record of the applicant, if any, and the recommendation of the Police Department, shall be attached to the application for the consideration of the Controller. ~_ The Controller shall consider the recommendation of the Police Department, and all information provided with or in support of the application in determining whether the applicati should be granted. 4 (-3~6) The applicant for a precious metals dealer license shall pay an annual fee of ane two hundred ~ dollars -F$-r5~-0.8} _($200.00) to the Controller, upon issuance of the license. (c) Report to police and records required; contents. (1) Every dealer shall mail completed precious metal report forms supplied by the Police Department to the Police Chief within twenty-four (24) hours from time of purchase of any precious metal items. The reports must contain the seller's name, address, social security number, the price paid for each item, the purchase date and time, a description of each article purchased, including identifying marks and the manufacturer (where known), and the seller's driver's license number or the number of any other identification issued by a governmental authority bearing the seller's photograph, and the account number from one additional piece of recognized identification. The form shall also bear a clear, inked impression of the seller's right thumb print and the same transaction number as recorded in the dealer's record book as required by paragraph (2) below. (2) The dealer shall also record the seller's physical description and a description of the property purchased, as required in this section, in a bound book with consecutively numbered pages, using consecutive transaction numbers and shall retain the book for three years from the date of the last purchase recorded therein. (3) When the purchase price of any precious metal item or group of items exceeds fifty dollars ($50.00) the dealer shall make a clear photograph of each item or group of items and forward the photographs to the Police Chief along with the report forms required by this section. (4) When the price of any item or group of items sold by the dealer exceeds fifty dollars ($50.00) the dealer shall record the name and address of the purchaser in a bound book with consecutively numbered pages and shall retain the book for three (3) years from the date of the last sale recorded therein. In addition, every second hand dealer shall present said books to the Police Chief for inspection and copying each week on a day designated by the Chief. (5) Any records required to be kept or this section shall be available at all times the Police Chief or person duly authorized by records. maintained under for inspection by him to inspect the 5 (6) The Police Department shall not reveal the identity of a seller or purchaser supplied under this section, except to other law enforcement agencies and prosecuting officials or pursuant to a valid court order, or in the course of any criminal investigation. (d) Precious metal purchases from minors prohibited. No dealer shall purchase precious metals from a person under eighteen (18) years of age. (e) Precious metals to be held for thirty days before resale. All precious metals purchased by a dealer must be held for f-e~-t-ee~r-(-1-4-}- thirty (30) days within the City in the dealer's possession, before being resold, exchanged, melted or altered in any manner. If the items purchased are held or stored at a location other than the dealer's premises licensed under this section, the location of these goods and the holder's identification must be filed with the Police Chiet within twenty- four (24) hours from the time of purchase. All goods required to be held under this section shall be available at all times for inspection by the Police Chief or a person duly authorized by the Police Chief to inspect the goods. (f) Coin purchase. Any purchase of coins made up in part of gold or silver where the total purchase exceeds fifty dollars ($50.00) shall comply with subsection (c) (2) and (4) . (g) Exemptions. The provisions of this section shall not apply to wholesale precious metal purchases or to transactions between dealers of precious metals where the selling dealer has already complied with the terms of this section, including subsection (e) . (h) Penalty. Any violation of the provisions of this section shall be deemed an offense and, upon conviction, the offender shall be fined not less than ene two hundred dollars ($200.00) nor more than two thousand five hundred dollars ($2,500.00). Each violation shall constitute a separate offense and be punishable as such. SECTION III. Chapter 4, Article 4, Section 4-53, of the South Bend Municipal Code shall be, and hereby is, amended to read as follows: Sec. 4-53. Secondhand stores. (a) Definition. Any person who keeps or maintains a business for the purchase or sale of secondhand clothing, secondhand furniture or secondhand goods, wares or merchandise of any kind, shall be considered as operating a secondhand store. 6 (b) License required. No person shall engage in the business of a secondhand store without first obtaining a license as required by this section. (c) Application. Any person desiring to operate a secondhand store shall file an application stating the following with the City Controller. ~1~ Name, address and telephone number of the applicant. _~ Name, address and telephone number of the secondhand store. S3Z Types of materials to be sold. ~a-i-e~ The application shall be referred to the Police Department for review and recommendation and to the BQLiTQ-Z7Z' ~p~e--~^d~e~s . City Controller . The Police Department shall conduct an investigation of each applicant and make a recommendation to the Controller as to whether the application should be granted. In making its recommendation, the Police Department shall consider the criminal history of the applicant, if any, and the likihood that grantinct the application will endanger the health, safety or welfare of the public. A report of the investigation and a copy of the traffic and police record of the applicant, if any, and the recommendation of the Police Department, shall be attached to the application for the consideration of the Controller. The Controller shall consider the recommendation of the Police Department, and all information provided with or in support of the application in determining whether the application should be Granted. (d) License fee. The applicant for a secondhand store license shall pay an annual fee of one hundred dollars -6-~ ($100.00) to the Controller, upon approval of the Board and Police Department and issuance of the license. (e) Records required; contents. Each secondhand store dealer shall keep at i~ the place of business a bound book with consecutively numbered pages, in which he or she shall enter or cause to be entered, in writing using permanent ink: (1) A description of ~ each secondhand ~68e~s item bought or received by him. (2) The date and time when it was received. (3) Any prominent or descriptive marks that may be on such property. (4) The name, date of birth, address and social security number of the person from whom it was purchased or received. 7 (f) Inspection of books and property. Every secondhand store dealer shall, during the hours of ordinary business, allow any member of the South Bend Police Department to inspect the licensed premises and the contents thereof and shall, upon request, exhibit for inspection the books required to be kept under said subsection (e). In addition, every secondhand dealer shall present said books to the Police Chief for inspection and copying each week on a day designated by the Chief. (g) Items to be held for thirty (30) days prior to resale. All items purchased or received by the secondhand store dealer, with the exception of clothing, shall be held for f-~~-??nom ;- _thirty (30) days prior to resale or other disposal by the dealer. (h) Purchase from minors prohibited. No secondhand store dealer shall receive or purchase any property whatever from a e-~ person under the age of eighteen (18) years. (i) Exemptions. Any not-for-profit or charitable organization doing business as a not-for-profit corporation under the laws of Indiana shall be exempt from the licensing provisions of this chapter. This section shall not apply to businesses which sell used merchandise on a consignment basis exclusively. ,~L Display out of doors prohibited. No person required to obtain a license under this section shall cause or permit clothing, furniture, goods, wares or merchandise of any kind, to be displayed for sale out .of doors or outside the building at the premises where such items are sold. -y-} ~~ Penalty. Any =o~-e~-a-~i-e~T-~~ person who violates a provisions of this section , ~e~o~e-t~-er_,-the offe:~d~~= shall be fined not less than ene two hundred dollars '^'^^.^^` ($200.00) or more than two thousand five hundred dollars ($2,500.00). Each violation shall constitute a separate offense and be punishable as such. SECTION IV: Chapter 4, Article 4, Section 4-64 of the South Bend Municipal Code shall be, and hereby is, amended to read as follows: Section 4-64. Chart of licensing fees. Regulated Activity Code Section Fee Peddlers--~-a~r~-~~'- ~'~ ~ ~ ~ ~ and canvassers: 4-43 (a) Pack peddlers or canvassers: (1) Up to 10 days ~a ( 2 ) Per year ~-8-6-~ (b) Peddlers using a pushcart, wagon, motor vehicle or any type of vehicle: (1) Up t o 10 days 3-A--~~ (2) Per year ~~ Pool halls Precious metals 4-36 4-44 Second dealers, per year 4-53 50.00 100.00 40.00 85.00 50.00 '~~~ 200.00 ~~ 100.00 SECTION V: This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and publication as required by law. 'In..__ c} ~~.e~t/1/1/~ Member of the Common Council ~t i:EAD1NG ~,~- ~'~ J6LIC HEARING 3rd READING ~- ~~ NOT APPROVED REFERRED ~'ilL;; ~Fs ~~~T~S'~Y~$~l~~:~ 9 J~~~ 1 ~ 1~°t~ LK"r~iW'E7~~ J. 17U7~ ~1TYCllrFil6,. X57. ~?^tlD, 6'!. PASSED ~-~~ ~9 ~ ~(-~ S U~ ~ ~~-~~ COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SDUTH BEND: Your Committee to whom was referred BILL NO. 135-97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4 OF THE SOUTH BEND MUNICIPAL CODE TO REVISE PROVISIONS FOR THE LICENSING OF PEDDLERS AND CANVASSERS, PRECIOUS METALS DEALERS AND SECONDHAND STORES Respectfully report that they have examined the matter and that in their opinion this bill has been recommend to the Council favorably, as substituted John Broden Chairman 1400 COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601-1830 PHONE 219/235-9241 FAx 219/235-9892 TDD 219/235-5567 CITY OF SOUTH BEND STEPHEN ,J. LUECKE, MAYOR DEPARTMENT OF LAW RICHARD A. Nu$SSAUM,II CITY ATTORNEY ANNE E. BRUNEEL CHIEF ASSISTANT CITY ATTORNEY January 12, 1998 Mr. Sean Coleman, President South Bend Common Council 4th Floor, County-City Building South Bend, Indiana 466Q1 RE: Amendment to Bill No. 135-97: Ordinances Governing Licensing of Precious Metals Dealers, Secondhand Stores, and Peddlers and Canvassers Dear Mr. Coleman: Attached please find a proposed amended bill for the above referenced ordinance. The bill as amended would add a provision that secondhand stores not display items for sale out of doors. This addition is suggested by the Department of Code Enforcement, which receives complaints that the display of used items on sidewalks and other places out of doors affects the appearance and property values of the neighborhoods surrounding such businesses. I would appreciate your favorable consideration of this bill as amended. Please feel free to contact me should you have any quesitons or concerns. Very truly yours, cc: T. Fautz K. Dempsey M. C. Roemer Ann-Carol Simons Assistant City Attorney ~ ~n "~ .~ ,~, ~ ~~~ l ~~18 FJ; IQf `i1~e~Fe ~ Q~11~~' ~~. ~' 1 '~ ~:~~ ;3 CTo 1' Cp,EF'd;t, ;i0. I3 £t.Fil~ E~;I. THOMAS L. BODNAR ,JEFFREY M. JANKOWSKI ALADEAN M. DEROSE MICHELLE L. ENGEL ROBERT C. ROSENFELD ANN-CAROL SIMONS