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HomeMy WebLinkAboutD-480 Door to Door VendorsORDINANCE NO. D-480 DOOR TO DOOR VENDOR ORDINANCE WHEREAS, door-to-door vendors have become a nuisance to the residents of the City of Carmel; and WHEREAS, a need has developed to regulate the activity of door-to-door vendors; and WHEREAS, it is in the best interests of the citizens of the City of Carmel, Indiana that an ordinance be promulgated regu- lating door-to-door sales activity; NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Hamilton County, Indiana, that: §1.01 Definitions (a) Vendor: Any person, partnership, sole proprietor, cor- poration, business, or other entity, except Carmel Clay resident minors, which are engaging in the activity of selling, soliciting, canvasing, peddling, merchandising, promoting, or otherwise bro- kering products or property, whether real or personal, tangible or intangible, for profit to the general public or special interest groups. (b) Door to Door: The method of vending products or pro- perty by which the vendor solicits sales, contributions, support, endorsements, or other benefits, from Carmel residents, occu- pants, or tenants, by going to their residence door and seeking such benefits, without having been invited to do so. §2.01 Licensin~ (a) Every vendor, including their agents, servants, or employees, desiring to engage in door-to-door sales within the limits of the City of Carmel, Indiana, shall first obtain from the office of the Clerk-Treasurer a license permitting such door- to-door sales. (b) The Clerk-Treasurer shall provide each applicant with a form questionnaire application to be processed by the Clerk-Treasurer's office. The application shall contain questions regarding principal' place of business, nature of sales and product, background and history of the applicant, and such other information as the Clerk-Treasurer deems relevant. The Clerk-Treasurer shall then submit each application to the Carmel Police Department for a criminal background investigation of the applicant before issuing a license for door-to-door sales. (c) A license shall issue from the Clerk-Treasurer upon applicant satisfactorily completing the application, receipt of confirmation from the Carmel Police Department that the applicant has no felony or serious misdemeanor conviction which would constitute a crime of moral turpitude, and upon receipt from the applicant of a fee of Twenty-Five and no/100 Dollars ($ 25.00 ). (d) Each vendor shall openly display upon his person while engaging in door-to-door sales activity an I.D. card issued by the Clerk-Treasurer, and shall display such card upon request by any City resident, employee, or official. §3.01 Restrictions on License (a) Each licensee shall be restricted to conducting their door-to-door activities during the following times of the day: 2 (1) April 1 to October 31; 10 A.M. to 8 P.M. (2) From November 1 to March 31; 10 A.M. to 7 P.M. The door-to-door activity may take place on any weekday or weekend day during the aforementioned times. (b) Each license shall be valid for a period of 365 days. Upon the expiration of the license, the vendor shall either reapply to the Clerk-Treasurer or cease its activity. (c) Each vendor shall comply with all ordinances of the City of Carmel, Indiana, Hamilton County, and statutes of the State of Indiana, and failure of a license holder to do so may result in revocation of the license. S4.01 Revocation or Refusal to License (a) If the Clerk-Treasurer determines the applicant for a door-to-door license has done any of the following, then the Clerk-Treasurer shall refuse to issue a license or shall revoke an issued license: (1) Put false information on the application; (2) Been convicted of a felony or serious misdemeanor amounting to moral turpitude; (3) Violated an ordinance(s) of the City of Carmel; (4) Violated an Indiana State Statute(s); (5) Violated a Hamilton County Ordinance(s); (6) Violated the restrictions of the license; (7) Failed to display the permit or license 3 (b) Notice of revocation shall be made in writing by the Clerk-Treasurer and may be served either by mail or by personally serving the licensee with the written notice of revocation by a member of the Carmel Police Department, if so requested by the Clerk-Treasurer. (c) Denial or revocation of a license by the Clerk-Treasurer shall entitle the applicant, upon written request within seven (7) days of the issuance of the denial or revocation, to appeal the Clerk-Treasurer's decision to the next regularly scheduled meeting of the Carmel Board of Public Works and Safety. §5.01 Penalties (a) Any vendor engaging in door-to-door sales activity without being properly licensed shall be subject to a fine of One Hundred Dollars ($100.00) per day up to a maximum of Two Thousand Five Hundred Dollars ($2,500.00). (b) The City may, through its legal department or other appropriate agency, seek a temporary restraining order and/or permanent restraining order against the offender in any Court of competent jurisdiction. (c) The City's remedies shall be cumulative and pursuit of one remedy shall not preclude another. (d) Willful or intentional disregard of this licensing ordi- nance shall entitled the City to collect from the violator its costs of attorney's fees, Court costs, and other reasonable expenses incurred by the City in obtaining a restraining order or 4 other necessary remedy, if such violation is pursued by any legal counsel not a member of the Department of Law. §6.01 Savings Clause Should any provision of this ordinance be determined by any Court of competent jurisdiction to be unenforceable, the remaining provisions shall remain in full force and effect, the same as if the unenforceable provision were deleted from the ordinance. All of which is adopted this ~___ day of ~, 1986. ATTESTATION: DOROTHY J./~eDCK Clerk-TreaSurer ATTESTATION: DO~)THY J. ~ANCOCK Clerk-TreaBurer COMMON COUNCIL FOR THE CITY OF CARMEL, INDIANA esiding Officer APPROVED: oA~ ~aErm~e~, 'Mayor