WHEREAS, the issue has been reviewed concerning the business being conducted by transient merchants, peddlers and itinerant merchants throughout the City of West Lafayette, Indiana; and

WHEREAS, it has been determined that the current West Lafayette City Code fails to adequately screen, monitor, and control transient merchants, peddlers and itinerant merchants while they are within the City of West Lafayette; and

NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF WEST LAFAYETTE that:

West Lafayette City Code Chapter 83 is amended to read as follows:

Sec. 83.01 Definitions.

City means the City of West Lafayette.

Individual Peddler means any person who, on behalf of a Peddler, goes door-to-door soliciting any sales.

Itinerant Merchant, means all persons, copartners, and corporations, both as principles and agents, who engage in, do or transact any temporary and transient business in the city selling goods, wares, merchandise, food, services or subscriptions to any publication for either present or future delivery and who solicit or make such sales from any moving cart, both or vehicle and offer for sale any such goods, wares, merchandise, food, services or subscriptions to any publication to persons not dealers in such commodities, for either present or future delivery.

Peddler means all persons, copartners, and corporations, both as principles and agents, who engage in, do or transact any business in the city selling goods, wares, merchandise, food, services or subscriptions to any publication for either present or future delivery from house to house, office to office, or place to place in the city, and offer for sale any such goods, wares, merchandise, food, services or subscriptions to any publication to persons not dealers in such commodities, for either present or future delivery.

Police department means the City of West Lafayette police department.

Transient merchant, means all persons, copartners, and corporations, both as principles and agents, who engage in, do or transact any temporary and transient business in the city selling goods, wares, merchandise, food, services or subscriptions to any publication for either present or future delivery and who, for the purpose of carrying on such business, may hire, lease, use, or occupy any building, room, car, shop, booth, cart or structure at a particular location for the exhibition or sale of such merchandise and offer for sale any such goods, wares, merchandise, food, services or subscriptions to any publication to persons not dealers in such commodities, for either present or future delivery.

It shall be unlawful for any Transient Merchant or Peddler in goods, wares, merchandise, food, services or subscriptions to any kind of publication, to sell or offer the same for sale from any building, room, car, shop, booth, cart or structure for the exhibition or sale of such merchandise or to go from house to house, office to office, or place to place, or on any street, sidewalk or highway within, for either present or future delivery, without first having a license to engage in such business. Application for the license must be made with the police department as provided in § 83.04 of this chapter. It shall be unlawful for any Individual Peddler to solicit or make any sales without first having a license as an Individual Peddler.

It shall be the duty of the police department to enforce the provisions of this chapter.

Sec. 83.04. Application.

Any Transient Merchant, Peddler or Individual Peddler must complete an application, provided by the police department, to obtain a license to offer goods, wares, merchandise, food, services or subscriptions to any kind of publication under this chapter. Organizations, corporation, firms or employers who employ, utilize or have as their agents Transient Merchants, Peddlers or itinerant dealers shall obtain a license for each individual Transient Merchant, Peddler and itinerant dealer that will sell or offer to sell goods, wares, merchandise, food, services or subscriptions to any kind of publication in the city. The application must contain the following information:

(a) The name, business address, home address and telephone number and local address and telephone number, if any, of the applicant. The applicant must also submit two photographs of the applicant, two inches by two inches, taken within sixty days before application. The photograph must show the head and shoulders of the applicant.

(b) The name under which the business is to be conducted.

(c) The type of goods, wares, merchandise, food, services or subscriptions intended to be sold or offered for sale.

(d) The location(s) where the applicant intends to sell or offer to sell goods, wares, merchandise, food, services or subscriptions in the city.

(e) The length of time the applicant intends to sell or offer to sell goods, wares, merchandise, food, services or subscriptions in the city.

(f) A description and valid license plate number of all vehicles to be used, if any, by the applicant.

(g) A list of all of the applicant's crime andlor misdemeanor convictions including the date of the conviction and the city and state of all such crimes and/or misdemeanor convictions, if any. If none, it is to be so stated on the application.

(h) The applicant's Indiana State Retailer License Number.

(i) The name, address and telephone number of the contact person who will respond to consumer complaints who shall be available for a period of time of not less than sixty (60) days following the last date that the Transient Merchant, Peddler and itinerant dealer sells or offers to sell goods, wares, merchandise, food, services or subscriptions in the city.

(j) The application must be signed by the applicant at the police department, during regular business hours. At the time of signing and submitting the application for consideration by the police department, all applicants shall:

(1) submit identification satisfactory to the police department which contains a specimen of the applicant's signature.

(2) file a surety bond in the penal sum of seven hundred fifty dollars ($750) or three (3) times the value of the goods, wares, merchandise, food, services or subscriptions intended to be sold or offered for sale, whichever is greater;

(3) pay a license fee of one hundred dollars ($100) for each six (6) month period the applicant intends to sell or offer to sell goods, wares, merchandise, food, services or subscriptions, plus a fee of $10 for an identification card for each Individual Peddler. The fees shall be paid into the general fund of the city;

(4) If the application provides for the use of a motor vehicle by the Transient Merchant, Peddler or Individual Peddler, the applicant shall file a certificate of insurance with the application establishing that liability insurance in minimum amounts of one hundred thousand dollars ($100,000) for personal injuries or death to any one (1) person, three hundred thousand dollars ($300,000) for personal injuries or death in any one occurrence and one hundred thousand dollars ($100,000) for property damage;

(5) If the application provides for the use of a building, room, shop, booth, cart, or other structure by the Transient Merchant, , the applicant shall: (A) file a certificate of insurance with the application establishing that liability insurance in minimum amounts of fifty thousand dollars ($50,000) for personal injuries or death to any one (1) person, one hundred thousand dollars ($100,000) for personal injuries or death in any one occurrence and fifty thousand dollars ($50,000) for property damage, (B) file written permission from the landowner for the use of the real estate, and (C) certificate of occupancy from the administrative officer certifying as to the use of the real estate under the Unified Zoning Ordinance; and,

(6) The applicant, at the time of signing the application, shall submit a complete set of fingerprints.

(k) If, while any application is pending, or during the term of any license granted thereon, there is any substantial change in fact, policy or method that would materially alter the information given in the application, the applicant shall notify the police department in writing of the change within seventy-two (72) hours after such change. If the applicant or Transient Merchant, Peddler or Individual Peddler fails to so notify the police department, any license issued to the applicant or Transient Merchant, Peddler or Individual Peddler shall be suspended pursuant to hearing as set forth in Sec. 83.08.

(1) If the Transient Merchant, Peddler or Individual Peddler intends to sell or offers to sell any type of food or beverage, the police department shall refer the application to the Tippecanoe County Health Department for review and recommendation. The review shall include an inspection of all refrigeration equipment to be used by the Transient Merchant, Peddler Individual Peddler and shall insure that minimum sanitation requirements established by state and local law are met;

The chief of police may appoint any person as agent of the police department to perform the clerical functions of accepting applications and accompanying documentation under this chapter; provided, that such agent shall not deny any application except upon the direction of the chief of police or the designee of the chief of police.

(a) Upon compliance by the applicant with the provisions of § 83.04, the police department shall conduct a records check on the applicant. Unless such investigation discloses tangible evidence that the conduct of the applicant's business would pose a substantial threat to the public health, safety, or general welfare, the license shall be granted.

Tangible evidence shall include, but not be limited to, any one or more of the following:

(1) Applicant's conviction of a crime involving moral turpitude;

(2) Willful misstatements in the application;

(3) Applicant's violation of other ordinances, statutes or regulations pertaining to Transient Merchants, Peddlers, Individual Peddlers, and the like;

(4) Applicant's commission of prior fraudulent acts; and,

(5) Applicant's record of continual breaches of solicited contracts.

(b) Each Transient Merchant, Peddler or Individual Peddler licensed under this subsection shall be issued an identification card by the police department. The identification card shall contain the Transient Merchant, Peddler or Individual Peddler's photograph, name, address, name of business, license number and effective dates of the license. The identification card must be worn on the chest area by the Transient Merchant, Peddler or itinerant dealer at all times said Transient Merchant, Peddler or Individual Peddler is selling or attempting to sell goods, wares, merchandise, food, services or subscriptions within the city. Failure to wear the identification card is a violation of this chapter.

No Transient Merchant, Peddler or Individual Peddler to whom a license has been issued under the provisions of this chapter shall refuse, on request, to show such license to any police officer of the city or to any person that the Transient Merchant, Peddler or Individual Peddler is selling or attempting to sell goods, wares, merchandise, food, services or subscriptions. Failure to present the license upon request is a violation of this chapter.

(a) If the police department denies an application for a license, the applicant shall be notified within five (5) days of the denial and the grounds for the decision, by certified mail, return receipt requested.

(b) Suspension or revocation of a license issued under this chapter shall be pursuant to Sec. 83.08 or Sec. 83.10 of this chapter.

(c) Within ten (10) days after the receipt of notification of denial of an application for license or within ten (10) days after a license under this chapter has been revoked or suspended, the applicant or licensee may file a written request with the Board of Public Works for public hearing on the application, suspension or revocation and the grounds upon which the police department based the denial, suspension or revocation.

(d) Upon the filing of such request the Board of Public Works shall fix a time and place for the hearing, which shall be held within fifteen (15) days after the request is filed, and shall notify the applicant or licensee of same by certified mail, return receipt requested. Within ten (10) days after the conclusion of the hearing, the Board of Public Works shall render a written decision granting or denying the application or upholding or rescinding the revocation or suspension, and shall state the grounds upon which the decision was based.

(e) A copy of the decision shall be served by certified mail, return receipt requested, upon the applicant.

(f) An order of the Board of Public Works shall be subject to review by certiorari.

Sec. 83.09. Violations

(a) It shall be a violation of this chapter for anyone licensed under this chapter to:

(1) make in-person door to door sales or attempts to sell to prospective customers before 8:00 a.m. or after 8:00 p.m.;

(2) solicit or make sales as an Itinerant Merchant;

(3) impede the flow of pedestrian or vehicular traffic, or obstruct or hinder the view of pedestrians or motorists, on any street, alley, sidewalk or right-of way;

(4) generate litter that is not promptly removed by the Transient Merchant or Peddler;

(5) sell beverages containing alcohol;

(6) use a device to amplify sound to attempt to sell or attract attention to the, goods, wares, merchandise, food, services or subscriptions;

(7) sell or attempt to sell goods, wares, merchandise, food, services or subscriptions to a person(s) in or on any motorized vehicle;

(8) act in an unlawful or disorderly manner; or,

(9) engage in any other activity that poses a threat to the public health, safety or general welfare.

(b) The police department may:

(1) impose reasonable limitations on the locations at which or times during which goods, wares, merchandise, food, services or subscriptions may be sold; and,

(2) the police department may impose other reasonable restrictions on activity by Transient Merchants, Peddlers and Individual Peddlers by stating the restrictions on the license.

Sec. 83.10. Suspension and revocation of license.

In addition to the penalty assessed pursuant to subsection 83.14 of this chapter, a license may be revoked or suspended immediately, subject to the right to a later hearing under Sec. 83.08, if the police department determines that the Transient Merchant, Peddler or Individual Peddler has committed one of the following violations and that the continued operation of the business of the Transient Merchant, Peddler or Individual is a substantial threat to the public health, safety or general welfare:

(a) made any false statements or misrepresentations of fact for the purpose of obtaining a license under this chapter;

(b) has engaged in any other fraudulent acts;

(c) violated any provision of this chapter;

(d) violated other ordinances, statutes or regulations pertaining to Transient Merchants, Peddlers or Individual Peddlers; or,

(e) been convicted of any crime or infraction involving moral turpitude.

Sec. 83.11. License expiration; license nontransferable.

(a) All licenses issued under the provisions of this chapter shall expire on the date specified on the license.

(b) Any license issued under this chapter is nontransferable and shall entitle the holder thereof, for the period indicated therein, unless revoked, to sell or attempt to sell goods, wares, merchandise, food, services or subscriptions specified in the application within the city.

Sec. 83.12. Written receipt required.

The Transient Merchant, Peddler or Individual Peddler shall give a written receipt for all orders taken within the city for future delivery, which receipt shall be signed by the Transient Merchant, Peddler or Individual Peddler and shall set forth a brief description of the goods, wares, merchandise or services ordered, the total purchase price thereof and the amount of the down payment received by the Transient Merchant, Peddler or Individual Peddler from the purchaser.

Sec. 83.13. Exemptions.

(a) License requirements under this chapter shall not apply to:

(1) Salespersons selling goods to retail or wholesale stores for resale;

(2) Any person selling or offering for sale goods, wares, merchandise, food, services or subscriptions in conjunction with a charitable or other civic non-profit club or organization having an office or chapter in Tippecanoe County, or that regularly holds meetings in Tippecanoe County;

(3) A garage sale on the premises of a homeowner in which the items offered for sale are primarily items belonging to the homeowner;

(4) An auction of goods which originates primarily on the property where the auction occurs, and which were not moved to the property from another location for the purpose of sale at the auction;

(5) Any person who has grown the food that is offered for sale.

(b) Persons or businesses engaged in sales or offers to sell during any Purdue University sponsored event who are duly licensed or registered with Purdue University are exempt from the licensing requirements of this chapter.

No person shall violate any of the provisions of this chapter. Any Transient Merchant, Peddler or Individual Peddler as defined in section 83.01 of this chapter, who sells or offers to sells goods, wares, merchandise, food, services or subscriptions to any kind of publication in this city without a license shall be deemed in violation of this section and will be charged a fine of $2,500. Any Itinerant Merchant as defined in section 83.01 of this chapter, who sells or offers to sells goods, wares, merchandise, food, services or subscriptions to any kind of publication in this city shall be deemed in violation of this section and will be charged a fine of $2,500.A separate offense is committed for each day the violation occurs or continues. Any Transient Merchant, Peddler or Individual Peddler who violates any other of the provisions of this chapter, or who permits or allows or who aids and abets in the procuring of a violation of any provision, part of portion of this chapter, or who causes to be filed or permits or allows to be filed an application for a license which contains false or fraudulent statements of fact, shall be deemed in violation of this section. Any Transient Merchant, Peddler or Individual Peddler who violates any other provision of this chapter shall be charged a fine of $100 for each offense. A separate offense is committed for each day the violation occurs or continues.

This ordinance shall be in full force and effect from and after its passage and signing by the Mayor.

Office of the Clerk-TreasurerJudy Rhodes