Ordinance No. 1108

WHEREAS, the Town of Speedway, Indiana (the "Town") has provided for the licensing of temporary businesses; and

WHEREAS, the Town Council acting on behalf of the Town desires to amend the provisions relating to the licensing of temporary businesses.

NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Speedway, Indiana that:

Section 1. Section 5.04.005 of the Speedway Municipal Code (the "Code") is hereby deleted in its entirety and replaced with the following:

"5.04.005 Definitions. For purposes of this chapter, the following definitions shall apply:

(1) "Clerk-Treasurer" means the Clerk-Treasurer of the Town of Speedway, Indiana.

(2) "Disabled Veteran" means a disabled veteran of the military service of the United States and a resident of the State of Indiana; provided such individual provides proof of a current military disability pension from the United States and proof of residence in the State of Indiana.

(3) "Food" means all edible items other than bagged or packaged ice, to include pre-packaged food and bottled water.

(4) "Food Structure" means either a movable or permanent structure requiring a Marion County Health permit from which the licensee intends to sell or give away food from a designated location.

(5) "Goods" means all items which are not food or ice as defined in subsections (3) or (6).

(6) "Ice" means all bagged or packaged ice sold in any manner, including automatic vending machines.

(7) "Merchandise Vehicle" means any medium used to transport, store, display or distribute goods (including, but not limited to, trailers, campers, buses, cars, etc.).

(8) "Street Performer" means persons conducting activity for amusement purposes and not from a permanent structure, and such activity is accessible to a street or sidewalk.

(9) "Street Vendors" means persons selling or giving away goods, food or ice from their person and not from a temporary or permanent structure accessible to a street or sidewalk.

(10) "Temporary Structure" means either a movable or permanently affixed building, booth, stand, tent, shelter or other combination of materials from which the licensee intends to sell, give away, or display goods from a designated location."

(11) "Town" means the Town of Speedway, Indiana.

Section 2. Section 5.04.010 of the Code is hereby deleted in its entirety and replaced with the following:

"5.04.010 License Required.

(a) A license shall be required of any person conducting any of the following activities within the Town, except for those activities which are conducted within a fenced-in or otherwise secured area where an admittance fee is regularly charged and where the owner assumes responsibility for policing the activities within the confined area:

(i) Temporarily selling goods, food and/or ice for immediate delivery; or

(ii) Peddling, hawking or vending, including the "scalping" or resale of tickets; or

(iii) Temporarily maintaining for hire or pay tables, alleys, machines, devices or places for sports or games, whether in connection with carnivals or any other public attraction.

(b) Application for a license shall be made on forms prescribed by the Clerk-Treasurer and shall include the following information:

(i) The name, address and telephone number of the applicant;

(ii) The specific location where the applicant intends to sell his/her goods;

(iii) An agreement by applicants intending to sell food that they shall keep the prices thereof posted at all times in a place conspicuous to the public;

(iv) A statement by all applicants that they agree to obey all applicable laws, rules and regulations, including laws against selling counterfeit goods or goods which contain marks or logos that infringe on the legal rights of others;

(v) A description of the cart, stand, booth, or other structure from which sales will be made;

(vi) A thumbprint or fingerprint of the applicant;

(vii) A photo identification of the applicant; and

(viii) A Marion County Health Department number.

(c) The license shall be valid for the period mentioned therein and shall set forth the following information:

(i) The date of issuance and expiration;

(ii) The license fee;

(iii) The location for which it is issued, which shall be the only location for which it is issued; and

(iv) The signature of the Clerk-Treasurer."

Section 3. Section 5.04.015 of the Code is hereby deleted in its entirety and replaced with the following:

"5.04.015 Prohibited Activities.

No license shall be issued to any of the following persons:

(a) To any person whose activities for rent or purchase include the viewing of nude persons or topless females; any goods or novelties such as photographs of or relating to such nude persons or topless females; or any such temporary structures or poles promoting the viewing of nude persons or topless females;

(b) To any person whose activities are unlawful; or

(c) To any person convicted of any criminal law violation in connection with such person's sales or conduct while operating under a license from the Town or any other municipality of the United States."

Section 4. Section 5.04.020 of the Code is hereby deleted in its entirety and replaced with the following:

"5.04.020 License Fees.

Applicants for a license shall pay a fee according to the following schedule:

(a) Peddlers, hawkers, Street Performers and Street Vendors shall pay a license fee of Two Hundred Dollars ($200.00) per license. Each license shall be valid from ten (10) days prior to the event and end three (3) days after the event. A Disabled Veteran is allowed one (1) license at a cost of Ten Dollars ($10.00).

(b) Applicants intending on a temporary basis to sell or give away goods, other than food and/or ice, from any temporary or permanent structure capable of being freestanding shall pay a license fee of Two Hundred Fifty Dollars ($250.00) per license for each structure, even if one (1) or more structures are linked together in some fashion. Each license shall be valid from ten (10) days prior to the event and end three (3) days after the event. A Disabled Veteran shall pay a license fee of One Hundred Dollars ($100.00) per license.

(c) Applicants intending on a temporary basis to sell or give away food and/or ice, from a temporary or permanent structure capable of being freestanding, shall purchase a license for the sale of food and a separate license for the sale of ice. A separate license fee for the sale of food is One Hundred Dollars ($100.00) per license. A separate license fee for the sale of ice is Twenty-Five Dollars ($25.00) per license per machine.

(d) Any applicant who is required to purchase a license pursuant to subsection (b) of this section and also intends on a temporary basis to sell or give away food and/or ice, shall purchase a separate license for the sale of goods, a separate license for the sale of food, and a separate license for the sale of ice. This section applies even if goods, food and/or ice are sold in appurtenant structures or if goods, food and/or ice are sold from the same structure.

(e) Any applicant whose activities are not covered by the provisions of subsections (a) through (d) of this section shall pay a license fee of Two Hundred Dollars ($200.00) per license.

(f) Any applicant covered by subsections (a) through (e) of this section shall be required to purchase license(s) for persons engaged in the activities described in subsections (1) through (4) as follows:

# of Persons License(s) Required

1 -- 6 1
7 -- 12 2
13 -- 18 3
Over 18 4

(g) School-related organizations or not-for-profit organizations for youth, such as school musical organizations, Boy Scouts, Campfire Girls, etc., having clubs, troops, pack or the like made up of youth from the Town with meeting locations within the Town, may solicit at no cost for their own organizations; provided, the organization must file for exemption and the youths must each obtain and display cost-free licenses and carry identification and/or affiliation with such exempt organization on their person. In addition, each exempt organization shall be limited to ten (10) cost-free licenses.

(h) No refunds shall be allowed for issued licenses."

Section 5. Section 5.04.045 is hereby deleted in its entirety and replaced with the following:

"Section 5.04.045 Penalty for violation of temporary structure removal requirement. A penalty shall be assessed against the licensee for each day any temporary structure is not removed after the five (5)-day grace period. A licensee will not be eligible for a future license from the Town until and unless all fines are paid in full. The penalty provision is found in Section 5.04.050."

Section 6. Section 5.04.050 is hereby added as follows:

"Section 5.04.050. Penalty for violations of this chapter.

Any person, persons, firm, corporation, or organization violating this Chapter shall be fined a sum of One Hundred Dollars ($100.00) for each day of the violation."