Peddlers Ordinance
Johnson County Code Chapter 24: 2-24-3
2-24-3: License Required
No person shall engage in the business
of peddler, solicitor or transient merchant outside the corporate
limits of cities and towns in Johnson County, Indiana, without
a license.
This ordinance shall not apply to the selling of
personal property at wholesale to dealers of such articles;
to newsboys; to merchants or their employees in delivering
goods in the regular course of business; to vendors of milk,
bakery products, groceries or ice who distribute their products
to regular customers on established routes; or to farmers
or truck gardners who vend, sell, dispose of, or offer to
sell, vend or dispose of products from farms or gardens occupied
and cultivated by them. This ordinance does not prohibit
any sale required by statute or by court order, or prohibit
any auction sale conducted pursuant to law.
2-24-4: Application
for License
Applicants for a license under this ordinance
shall file with the Johnson County Auditor, on a form provided
by him/her, a sworn application in writing which provides
the following:
- Name and
physical description of the applicant
- Permanent home
and local address of applicant; and in the case of transient
merchants, the local address from which proposed sales will be made.
- A brief
description of the nature of the business and the goods to be sold.
- The
name and address of employer, if any.
- The length of time for which the
right to do business is desired.
- If employer is a corporation, the
state of its incorporation, whether it is authorized to do business
in the State of Indiana, and evidence that the corporation has designated
a resident agency in Indiana upon whom legal service may be made
and that the corporation will be responsible for the acts
of its employees in Johnson County.
- A statement as to
whether or not the applicant has been convicted of any
crime, misdemeanor or violation of any municipal ordinance,
other than traffic violations, the nature of the offense,
and any penalty imposed.
- The last cities, counties, cities
or towns, not exceeding three, where applicant conducted
business immediately proceeding the date of the application,
and the addresses from which such business were conducted.
2-24-5: Investigation of Applicants
Upon receipt of each
application, it shall be referred to the Johnson County Sheriff
who shall investigate the business and moral character of
the applicant. If upon investigation, the applicant’s
character is found unsatisfactory, no license shall be
issued.
2-24-6: Approval or Denial of License
The approval of the
Johnson County Sheriff must be presented to the Johnson County
Auditor before any license is issued.
No license shall be approved
by the Johnson County Sheriff or issued by the Johnson
County Auditor if it appears that the activity for which
the license is sought will be contrary to the health, safety,
welfare of the public, or in violation of any regulation,
law or ordinance applicable to such activity.
2-24-7:
Bond
An applicant for a license under this ordinance shall
file with the Johnson County Auditor a surety bond in the
amount of $500.00, prior to the license being issued, conditioned
that the applicant shall comply fully with all ordinances
of Johnson County and statutes of the State of Indiana regulating
peddlers, solicitors and transient merchants, and guaranteeing
to any Johnson County resident that all money paid
as a down payment will be accounted for and applied according
to the representations of the licensee, and further
guaranteeing to any County resident doing business with the
licensee that the property purchased will be delivered according
to the representations of the licensee. Action on such
bond may be brought by the person aggrieved and for
whose benefit, among others, the bond is given.
2-24-8: Fees
The fee for a license under this ordinance is
$10.00 per day, or $50.00 per week. A bona fide County resident
may obtain a license for six months for $75.00.
2-24-9: License
Form
The license shall show the date of issue, activity
licensed, and term of license, and shall be signed in the
name of Johnson County, by the County Auditor, and bear the
county seal. The Auditor shall maintain a record of all licenses
issued.
2-24-11: Exhibition of License
Every licensee shall carry
his license upon his person at all times when engaged in
the activity for which the license was granted; except that
where such activity is conducted at a fixed place or establishment, the
license shall be exhibited in some conspicuous place in his
place of business. The licensee shall exhibit the license
when applying for a renewal and upon demand of any Johnson
County Police Officer or person representing the Johnson
County Auditor.
2-24-17: Violations and Penalties
Any person who violates
one or more of the provisions of this ordinance shall be
guilty of a violation and upon conviction, may be fined not
more than $2,500.00 for each such violation.
This ordinance
shall be in full force and effect from and after 8th
day of August 1983.
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