HomeMy WebLinkAboutD-2666-23 City Code Section 4-26(c) - Door-to-Door Vendor Fees SPONSOR(S): Councilor Worrell
This Ordinance was prepared by Benjamin J. Legge, City Attorney, on 3/10/2023 at 12:00 p.m. It may have been subsequently
revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Legge for legal sufficiency or otherwise.
ORDINANCE NO. D-2666-23
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA,
AMENDING CHAPTER 4, ARTICLE 1, DIVISION III, SECTION 4-26
OF THE CARMEL CITY CODE
Synopsis: Amends the fees to cover the costs of the Carmel Police Department to run a criminal
history report for door-to-door vendor employees and agents.
WHEREAS, the City of Carmel, Indiana (“City”) has the power and authority, pursuant to Indiana Code §
36-8-2-4 and its general police powers, to regulate conduct on and the use of property in order to protect public
health, safety, and welfare; and
WHEREAS, Chapter 4, Article 1, Division III, Section 26 of the Carmel City Code regulates door-to-door
solicitation within the corporate boundaries of the City, requiring a license for door-to-door vendors, and, as a
condition of that license, a criminal background check for all vendor employees and agents who will be
involved in door-to-door solicitation pursuant to a license; and
WHEREAS, the City may impose a license fee that is equal or less than the amount reasonably related to the
administrative cost of exercising a regulatory power, under Indiana Code Chapter 36-1-3; and
WHEREAS, the costs for the Carmel Police Department to run a criminal history report for vendor employees
and agents exceeds the fee currently set forth under Code and the costs continue to increase each year; and
WHEREAS, the Common Council of the City of Carmel, Indiana, now finds that it is the public interest to
update Chapter 4, Article 1, Division III, Section 26 of the Carmel City Code to allow the Carmel Police
Department to collect the cost to obtain a criminal history report for door-to-door vendor employees and agents.
NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, Indiana, as
follows:
Section 1. The foregoing Recitals are fully incorporated herein by this reference.
Section 2. Carmel City Code Section 4-26(c) is hereby amended to read as follows:
§ 4-26 Door-To-Door Vendors.
“(c) Each vendor, and each employee and agent of said vendor who is involved in door-to-door
solicitation pursuant to a license issued to the vendor under this Section, shall also provide a valid
government issued photo ID and signed release authorizing the Carmel Police Department ("CPD") to
run a criminal history report on the same. For each employee and/or agent requiring a criminal history
report, the vendor shall pay a non-refundable criminal history report fee not to exceed the costs of
obtaining the criminal history report on such individual by the CPD. If any vendor, or any employee
or agent of said vendor who is named in the application is found to have a felony or misdemeanor
conviction within 10 years of the application date for a crime of dishonesty, fraud, theft, violence and/or
moral turpitude, the Chief of Police may require said vendor, employee or agent to deliver an official
copy of any records reasonably related to such conviction.”
Ordinance D-2666-23
Page 1 of 3
DocuSign Envelope ID: C969E23F-6BDB-488C-977A-D0702A704842
SPONSOR(S): Councilor Worrell
This Ordinance was prepared by Benjamin J. Legge, City Attorney, on 3/10/2023 at 12:00 p.m. It may have been subsequently
revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Legge for legal sufficiency or otherwise.
Section 3. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance
are hereby repealed, to the extent of such inconsistency only, as of the effective date of this Ordinance, such
repeal to have prospective effect only. However, the repeal or amendment by this Ordinance of any other
ordinance does not affect any rights or liabilities accrued, penalties incurred or proceedings begun prior to the
effective date of this Ordinance. Those rights, liabilities and proceedings are continued and penalties shall be
imposed and enforced under such repealed or amended ordinance as if this Ordinance had not been adopted.
Section 4. If any portion of this Ordinance is for any reason declared to be invalid by a court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance
so long as enforcement of same can be given the same effect.
Section 5. The remaining portions of Carmel City Code Section 4-26 are not affected by this
Ordinance upon its passage.
Section 6. This Ordinance shall be in full force and effect from and after the date of its passage
and signing by the Mayor.
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Ordinance D-2666-23
Page 2 of 3
DocuSign Envelope ID: C969E23F-6BDB-488C-977A-D0702A704842
SPONSOR(S): Councilor Worrell
This Ordinance was prepared by Benjamin J. Legge, City Attorney, on 3/10/2023 at 12:00 p.m. It may have been subsequently
revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Legge for legal sufficiency or otherwise.
PASSED by the Common Council of the City of Carmel, Indiana, this ____ day of ________, 20___, by a
vote of _____ ayes and _____ nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
___________________________________ __________________________________
Jeff Worrell, President Laura D. Campbell, Vice-President
___________________________________ __________________________________
Kevin D. Rider Sue Finkam
___________________________________ __________________________________
Anthony Green Adam Aasen
___________________________________ __________________________________
Timothy J. Hannon Miles Nelson
___________________________________
Teresa Ayers
ATTEST:
___________________________________
Sue Wolfgang, Clerk
Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of
_________________________ 20___, at _______ __.M.
____________________________________
Sue Wolfgang, Clerk
Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of
________________________ 20___, at _______ __.M.
____________________________________
James Brainard, Mayor
ATTEST:
___________________________________
Sue Wolfgang, Clerk
Ordinance D-2666-23
Page 3 of 3
DocuSign Envelope ID: C969E23F-6BDB-488C-977A-D0702A704842
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