ll0. GENERAL LICENSING PROVISIONS
lll. PEDDLERS, ITINERANT
MERCHANTS, AND SOLICITORS
ll5. CABLE COMMUNICATIONS SYSTEMS
Section
ll0.0l Licenses required to engage
in certain trades,
businesses, or professions
ll0.02 Application for license
ll0.04 Date and duration of license
ll0.05 License not transferable
ll0.06 License certificate to be
displayed
ll0.07 Revocation or suspension
' ll0.0l LICENSES REQUIRED TO ENGAGE IN CERTAIN TRADES, BUSINESSES,
OR PROFESSIONS.
No person shall engage in any of the trades,
businesses, or professions for which licenses are required by Title XI or by
any other ordinance or provision of this code without first applying for and
obtaining a license from the Clerk-Treasurer or other duly authorized issuing
authority.
Statutory reference:
Authority to regulate operation of
businesses, professions, and
occupations, see IC 36-8-2-l0
' ll0.02 APPLICATION FOR LICENSE.
(A) All original applications for
licenses, unless otherwise specifically provided, shall be made to the
Clerk-Treasurer in writing upon forms to be furnished by him and shall contain:
(l) The name of the applicant and
of each officer, partner, or business associate;
(2) His present occupation and
place of business;
(3) His place of residence for
five years next preceding the date of application;
(4) The nature and location of the
intended business or enterprise;
(5) The period of time for which
the license is desired;
(6) A description of the merchandise
to be sold, if for a vendor;
(7) Such other information
concerning the applicant and his business as may be reasonable and proper,
having regard to the nature of the license desired.
(B) Renewal of an annual license
may be granted to a licensee in good standing upon the original application,
unless otherwise provided.
(C) With each original or renewal
application, the applicant shall deposit the fee required for the license
requested.
(D) It shall be unlawful knowingly
to make any false statement or representation in the license application.
Penalty, see ' ll0.99
Upon receipt of such application for a
license, accompanied by the proper fee, if approval by another officer or
department is not required, the Clerk-Treasurer, by and with the written
approval of the executive or other chief administrative officer, shall
forthwith deposit the fee in the treasury and issue to the applicant a proper
license certificate signed by the Clerk-Treasurer and executive or other chief
administrative officer. If for any
reason the license is not issued, this fee less $5 to cover expenses of
considering such application, shall be returned to the applicant.
' ll0.04 DATE AND DURATION OF LICENSE.
A license shall not be valid beyond the
expiration date therein specified and, unless otherwise provided, shall not
extend beyond December 3l of the year issued.
However, at any time after December l4 licenses may be issued for the
ensuing calendar year. Unless otherwise
specified the full annual fee will be required of licensees irrespective of the
date of issue of the license.
' ll0.05 LICENSE NOT TRANSFERABLE.
Every license shall be issued to a real party
in interest in the enterprise or business, and unless otherwise provided no license
shall be assigned or transferred.
Penalty, see ' ll0.99
' ll0.06 LICENSE CERTIFICATE TO BE DISPLAYED.
Every licensee carrying on business at a
fixed location shall keep posted in a prominent place upon the licensed
premises, the license certificate.
Other licensees shall carry their license certificates at all times and
whenever requested by any officer or citizen, shall exhibit the license.
Penalty, see ' ll0.99
' ll0.07 REVOCATION OR SUSPENSION.
(A) Any license may be revoked by
the executive or other chief administrative officer at any time for conditions
or considerations which, had they existed at the time of issuance, would have
been valid grounds for its denial; for any misrepresentation of a material fact
in the application discovered after issuance of the license; for violation of
any provision of this chapter or other law or ordinance relating to the
operation of the business or enterprise for which the license has been issued;
or upon conviction of a licensee for any federal, state, or municipal law or
ordinance involving moral turpitude.
(B) The revocation shall become
effective upon notice served upon the licensee or posted upon the premises
affected.
(C) As a preliminary to
revocation, the executive or other chief administrative officer may issue an
order suspending the license, which shall become effective immediately upon
service of written notice to the licensee.
This notice shall specify the reason for suspension, and may provide conditions
under which reinstatement of the license may be obtained. Upon compliance with these conditions within
the time specified, the license may be restored.
In case any applicant has been denied a
license, or if his license has been revoked or suspended, the applicant or
licensee as the case may be, shall within three business days have the right to
appeal to the legislative body from the denial, revocation, or suspension. Notice of appeal shall be filed in writing
with the Clerk-Treasurer who shall fix the time and place for a hearing which
shall be held not later than one week thereafter. The Clerk-Treasurer shall notify the executive and all members of
the legislative body of the time and place of the hearing not less than 24
hours in advance thereof. A majority of
the legislative body members shall constitute a quorum to hear the appeal. The appellant may appear and be heard in
person or by counsel. If, after
hearing, a majority of the members of the legislative body present at the
meeting declare in favor of the applicant, the license shall be issued or fully
reinstated as the case may be; otherwise the order appealed from shall become
final.
Whoever violates any provision of this
chapter shall be fined not more than $l00.
A separate offense shall be deemed committed on each day that a
violation occurs or continues.
Section
lll.06 Standards for revocation
lll.08 Provision for service of process
lll.09 Exhibition of licenses and badges
For the purpose of this chapter the following
definitions shall apply unless the context clearly indicates or requires a
different meaning.
"BUSINESS." The business carried on by any person who is
an itinerant merchant, peddler, or solicitor as defined in this section.
"GOODS." Merchandise of any description whatsoever,
and includes, but is not restricted to, wares and foodstuffs.
"ITINERANT MERCHANT." Any person, whether as owner, agent, or
consignee, who engages in a temporary business of selling goods within the
municipality and who, in the furtherance of such business, uses any building,
structure, vehicle, or any place within the municipality.
"PEDDLER."
(l) Any person who travels from
place to place by any means carrying goods for sale, or making sales, or making
deliveries; or
(2) Any person who, without
traveling from place to place, sells or offers goods for sale from any public
place within the municipality.
A person who is a peddler is not an itinerant
merchant.
"SOLICITOR." Any person who travels by any means from
place to place, taking or attempting to take orders for sale of goods to be
delivered in the future or for services to be performed in the future.
A
person who is a solicitor is not a peddler.
(A) Any person who is an itinerant
merchant, peddler, or solicitor shall obtain a license before engaging is such
activity within the municipality.
(B) The fee for the license required
by this chapter shall be as set from time to time by the legislative body.
(C) No license issued under this
chapter shall be transferable.
(D) All licenses issued under this
chapter shall expire 90 days after the date of issuance thereof.
Penalty, see ' lll.99
Statutory reference:
Authority to regulate public solicitation of
sales, see IC
36-8-2-ll
' lll.03 APPLICATION PROCEDURE.
(A) All applicants for licenses
required by this chapter shall file a written, sworn application with the
Clerk-Treasurer. This application shall
be signed by the applicant if an individual, or by all partners if a
partnership, or by the president if a corporation. Applications should be made
on forms available in the office of the Clerk-Treasurer. The application shall state:
(l) The name and address of the
applicant;
(2) (a) The name of the
individual having management authority or supervision of the applicant's
business during the time that it is proposed to be carried on in the municipality;
(b) The local address of such
individual;
(c) The permanent address of such
individual;
(d) The capacity in which such
individual will act;
(3) The name and address of the
person, if any, for whose purpose the business will be carried on, and, if a
corporation, the state of incorporation;
(4) The time period or periods
during which it is proposed to carry on applicant's business;
(5) (a) The nature,
character, and quality of the goods or services to be offered for sale or
delivered;
(b)
If goods, their invoice value and whether they are to be sold by sample
as well as from stock;
(c) If goods, where and by whom
such goods are manufactured or grown, and where such goods are at the time of
application;
(6) The nature of the advertising
proposed to be done for the business;
(7) Whether or not the applicant,
or the individual identified in division (A)(2)(a) above, or the person
identified in division (A)(3) has been convicted of any crime or misdemeanor
and, if so, the nature of each offense and the penalty assessed for each
offense.
(B) All applications for peddler
or solicitor licenses shall state, in addition to statements required by
division (A):
(l) A description of the
applicant;
(2) A description of any vehicle
proposed to be used in the business, including its registration number, if any.
(C) All applicants for licenses
required by this chapter shall attach to their application the following:
(l) Two letters of recommendation
from any person residing or doing business in the municipality certifying the
applicant's good moral character and business responsibility; or, in lieu of
such letters, other evidence which may be used by the Clerk-Treasurer to
satisfy his duties under ' lll.04;
(2) If required by the Clerk-Treasurer,
copies of all printed advertising proposed to be used in connection with the
applicant's business;
(3) Credentials from the person,
if any, for which the applicant proposes to do business, authorizing the
applicant to act as such representative.
(D) Applicants who propose to
handle foodstuffs shall also attach to their application, in addition to
attachments required under division (C), a statement from a licensed physician,
dated not more than ten days prior to the date of application, certifying the
applicant to be free of contagious or communicable disease.
(E) Upon receipt of the
application, the Clerk-Treasurer shall cause a set of applicant's fingerprints
to be taken and attached to the application; he shall also cause a picture of
the applicant to be taken and to be attached to the application.
Penalty, see ' lll.99
' lll.04 STANDARDS FOR ISSUANCE.
(A) Upon receipt of an
application, the Clerk-Treasurer shall cause an investigation of the
applicant's business reputation and moral character to be made.
(B) The Clerk-Treasurer shall
approve the application unless such investigation discloses tangible evidence
that the conduct of the applicant's business would pose a substantial threat to
the public health, safety, morals, or general welfare. In particular, tangible evidence that the
applicant:
(l) Has been convicted of a crime
of moral turpitude; or
(2) Has made willful misstatements
in the application; or
(3) Has committed prior violations
of ordinances pertaining to itinerant merchants, peddlers, solicitors, and the
like; or
(4) Has committed prior fraudulent
acts; or
(5) Has a record of continual
breaches of solicited contracts; or
(6) Has an unsatisfactory moral
character
will constitute valid reasons for disapproval
of an application.
' lll.05 REVOCATION PROCEDURE.
Any license or permit granted under this
chapter may be revoked by the Clerk-Treasurer after notice and hearing,
pursuant to the standards in ' lll.06.
Notice of hearing for revocation shall be given in writing, setting
forth specifically the grounds of the complaint and the time and place of the
hearing. Such notice shall be mailed to
the licensee at his last known address, at least ten days prior to the date set
for the hearing.
' lll.06 STANDARDS FOR REVOCATION.
A license granted under this chapter may be
revoked for any of the following reasons:
(A) Any fraud or misrepresentation
contained in the license application; or
(B) Any fraud, misrepresentation,
or false statement made in connection with the business being conducted under
the license; or
(C) Any violation of this chapter;
or
(D) Conviction of the licensee of
any felony, or conviction of the licensee of any misdemeanor involving moral
turpitude; or
(E) Conducting the business licensed
in an unlawful manner or in such a way as to constitute a menace to the health,
safety, morals, or general welfare of the public.
(A) Any person aggrieved by a
decision under '' lll.04 or lll.06 shall have the right to appeal to the
legislative body. The appeal shall be
taken by filing with the legislative body, within l4 days after notice of the
decision has been mailed to such person's last known address, a written
statement setting forth the grounds for appeal. The legislative body shall set the time and place for a
hearing, and notice for such hearing shall be
given to such person in the same manner as provided in ' lll.05.
(B) The order of the legislative
body after the hearing shall be final.
' lll.08 PROVISION FOR SERVICE OF PROCESS.
(A) Requirements of successful
applicant.
(l) Upon receipt of notice of
approval of his application, the applicant shall file with Clerk-Treasurer an
instrument appointing the Clerk-Treasurer as his true and lawful agent with
full power and authority to acknowledge service of process for and on behalf of
applicant in respect to any matter arising under this chapter.
(2) Forms for the required
statement are available at the Clerk-Treasurer's office. Such form or instrument shall contain
recitals to the effect that the applicant consents and agrees that service of
any notice or process may be made upon this agent, and when so made shall be
taken and held to be as valid as if personally served upon the applicant,
according to the law of this or any other state, and waiving all claim or right
of error by reason of such acknowledgment.
(B) Duty of Clerk-Treasurer. Immediately upon service of any process upon
the Clerk-Treasurer under this chapter, the Clerk-Treasurer shall send, by
registered mail, a copy of the process to the licensee at his last known
address.
Penalty, see ' lll.99
' lll.09 EXHIBITION OF LICENSES AND BADGES.
(A) Any license issued to an
itinerant merchant under this chapter shall be posted conspicuously in or at
the place named therein. In the event
more than one place within the municipality shall be used to conduct the
business licensed, separate licenses shall be issued for each place.
(B) The Clerk-Treasurer shall
issue a badge to each peddler or solicitor licensed under this chapter. The badge shall contain the words
"Licensed Peddler" or "Licensed Solicitor," the expiration
date of the license, and the number of the license. The badge shall be worn conspicuously by the licensee during such
time as he is engaged in the business licensed.
(C) Peddlers or solicitors shall
exhibit their license at the request of any citizen.
Penalty, see ' lll.99
Whoever violates any provision of this
chapter shall be fined not more than $l00.
A separate offense shall be deemed committed on each day that a
violation occurs or continues.
Section
ll2.04 Retention period for items
ll2.06 Regulation of transactions
"CANVASSER" or "SOLICITOR." Any person, firm, or corporation who, as the
duly authorized representative or agent of a dealer, shall canvass or solicit
for the second hand purchase or acquisition of any item containing any precious
metal.
"PRECIOUS METAL." Gold, silver, or platinum, alone or in
combination, including coins.
"PRECIOUS METALS DEALER." A person, firm, or corporation engaged in
the business of purchasing or acquiring second hand any item containing any
precious metal.
"WORKING DAYS." Any Monday through Friday of any week,
excluding holidays recognized by the municipality.
(A) In addition to any other
occupational license required by the municipality, each precious metals dealer
must obtain a license from the municipality for the privilege of conducting the
business of second hand transactions in items containing precious metals.
(B) A precious metals dealers
license shall be issued by the Clerk-Treasurer after receipt of a notice from
the Police Department that the prospective licensee has complied with
application requirements of this chapter.
(C) A precious metals dealers
license must be applied for to the Police Department. Such application shall be on a standard form furnished by the
Police Department and shall contain all information determined by that
Department to be necessary for an evaluation of the applicant's eligibility for
licensure.
(D) The Police Department shall,
within 20 working days of receipt of a completed application form, make a
complete review of the accuracy of the information contained therein, including
a criminal records check on any individual named therein. The following standards shall apply
concerning issuance:
(l) No license shall be issued to
or held by any person not of good moral character, nor shall a license be
issued to any corporation or partnership whose chief officers or members are
persons not of good moral character.
(2) No dealer, canvasser, or
solicitor shall have been convicted of a felony involving moral turpitude.
(3) No dealer, canvasser, or
solicitor shall have been convicted of a criminal misdemeanor involving moral
turpitude within the past two years.
(4) As part of the application
process, a prospective dealer must present proof that, if approved for
licensure, he or she can secure an approved indemnity bond in the amount
determined by the municipality, issued by a surety company authorized to
transact business within the state or can post a cash bond in such amount.
(E) The Clerk-Treasurer shall
issue the license upon notification by the Police Department and upon posting
of the surety or cash bond.
(F) If the application is to be
denied, the Police Department shall provide the applicant with such written
notification, including a statement of the reasons of denial, and any aggrieved
applicant shall, within 30 days of such action, have a right to request a
hearing before the Chief of Police.
(G) The Police Department shall
have the authority to suspend or revoke any license issued pursuant to this
chapter for any violation of the terms of this chapter. However, any aggrieved licensee shall,
within 30 days of such action, have a right to request a hearing before the
legislative body.
(H) Licenses issued under this
section shall not be transferable. An
individual license is required for each place of business conducted by a
dealer. The license, or a copy thereof,
must be posted in a conspicuous place in each place of business.
(I) The cost of the precious
metals dealers license shall be $25 per year which is not pro-ratable, but
which shall apply as a credit to any license fee due pursuant to any other
provision of this code.
Penalty, see ' ll2.99
Statutory reference:
Authority to regulate businesses,
professions, and occupations,
see
IC 36-8-2-l0
(A) Each precious metals dealer
shall keep a record, on such standard form as the Police Department shall furnish,
of each transaction involving the second hand purchase by such dealer of an
item containing a precious metal. The form shall be prepared in ink, in
duplicate, the original to be retained by the dealer, the duplicate to be filed
by the dealer with the Police Department by the close of business on the first
working day after the completion of the transaction.
(B) The following must be noted
concerning the transaction:
(l) Date.
(2) Time.
(3) Amount paid.
(4) Disposition of the item,
including name and address of
purchaser.
(C) The following record must be
kept relating to the articles sold:
(l) Description of the item to
include:
(a) Manufacturer's name.
(b) Serial number, if any.
(c) Any distinguishing marks.
(d) Weight of the item.
(e) Pattern.
(f) Number of items.
(g) Setting of any precious or
semi-precious stones.
(2) A photograph of the item.
(D) The following records must be
kept relating to the seller:
(l) Name.
(2) Address.
(3) Date of birth.
(4) Age.
(5) Hair.
(6) Race.
(7) Sex.
(8) Height.
(9) Weight.
(l0) Build.
(ll) General appearance
(l2) Distinguishing marks.
(l3) A legible right thumb print.
(l4) Social security account number.
(l5) Photograph.
(E) Method of identification to
include two identification cards, one with a picture and one corroborating, to
include numbers from such cards.
(F) The original record of each
second hand transaction in any item containing any precious metal shall be
subject to inspection and examination by any member of the Police Department
and any member of the Police Department shall be permitted to examine and
inspect any and all items purchased by a precious metals dealer which fall
within the scope of this chapter.
(G) There is specifically excepted
from the terms of this chapter any transaction by a person engaged in business
within the municipality, possessing a current business license from the
municipality, who is either accepting returns for cash, credit, or replacement
of any item originally purchased from said person, or exchanging an item for
another item of greater value. In
addition, the terms of this chapter shall not include any purchase by a
retailer from a bona fide manufacturer, nor any banking institution licensed to
do business in the state.
Penalty, see ' ll2.99
' ll2.04 RETENTION PERIOD FOR ITEMS.
It shall be the duty of each precious metals
dealer to retain each and every item containing a precious metal purchased
second hand by him or her in the same state or condition in which it was
received, at the place of business where purchased, for a period of not less
than l5 complete working days, which time period shall begin to run on the
first working day following transfer of the duplicate record of the transaction
to the Police Department. During such
l5 days of retention period the article may not be resold, exchanged, altered,
or otherwise disposed of.
Penalty, see ' ll2.99
(A) Before engaging in the
business of purchasing second hand items containing precious metals, a dealer
shall post a bond with the Clerk-Treasurer in an amount determined by the
municipality either with a surety company licensed to do business in the state,
or in cash.
(B) The bond required in this
chapter shall be for a term of one year following the cessation of doing
business in precious metals. Such bond shall enure to the benefit of the
municipality or to any person who shall be injured or sustain damages
approximately caused by the failure to comply with the terms of this chapter by
any precious metals dealer, canvasser, solicitor, or other agent or employee of
such dealer.
Penalty, see ' ll2.99
' ll2.06 REGULATION OF TRANSACTIONS.
(A) No precious metals dealer
shall transact any business involving a second hand purchase of an item
containing a precious metal from a minor unless such minor is accompanied by a
parent or guardian.
(B) No precious metals dealer
shall transact business involving a second hand purchase of an item containing
a precious metal which item the dealer knows or has reason to believe is
stolen.
Penalty, see ' ll2.99
Whoever violates any provision of this
chapter shall be fined not more than $l00.
A separate offense shall be deemed committed on each day that a
violation occurs or continues.
Section
ll3.03 Application for license
ll3.06 Displaying rates; excessive charges
ll3.07 All drivers to be licensed
ll3.08 Suspension or revocation of license
ll3.l0 Vehicle inspection; requirements
For purposes of this chapter, "TAXICAB"
shall mean and include any vehicle used to carry passengers for hire but not
operating on a fixed route.
Statutory reference:
Authority to regulate vehicles for hire, see
IC 36-9-2-4
' ll3.02 TAXICAB; LICENSE FEE.
(A) No person, firm, or
corporation shall operate or cause to be operated a taxicab or proffer the
services of any vehicle as a taxicab unless the owner of the vehicle has
obtained a taxicab license covering such vehicle.
(B) Every such taxicab license
shall expire on December 3l for the year in which issued. Licenses issued on or after July l of any
year shall be issued at l/2 the annual license fee herein provided.
(C) The annual license fee for
each taxicab shall be $25.
Penalty, see ' ll3.99
' ll3.03 APPLICATION FOR LICENSE.
In addition to the information required by '
ll0.02, each applicant for a taxicab license shall present and file with the
Clerk-Treasurer his signed application setting forth the trade name under which
he intends to do business; the number of vehicles and a general description of
each vehicle for which a license is desired, the marking or lettering to be
used thereon; and any other information required by the Clerk-Treasurer
pertinent to the issuance of such license.
(A) The executive or other chief
administrative officer shall investigate and hold a hearing upon each
application for a license.
If the executive or other chief
administrative officer finds upon such investigation and hearing that the
public convenience and necessity do not justify the operation of the vehicle
for which license is desired, he shall forthwith notify the applicant of his
findings. If he finds from such
investigation and hearing that the public convenience and necessity do justify
the operation of the vehicle or vehicles for which license is desired, he shall
forthwith notify the applicant. Within 60 days thereafter, applicant shall
furnish and file with the Clerk-Treasurer the following:
(l) A full transcript of the
information appearing on the certificate of title of each vehicle for which
license is desired, and the state license number of each such vehicle.
(2) A certification that each
vehicle for which a license is desired has been inspected and tested and that
each such vehicle is roadworthy and safe for operation as a taxicab.
(3) The name of each person who
will operate such taxicab, with the driver's license number of each such
person.
(4) Insurance or bond.
(a) A policy or policies of
liability insurance issued for the life of the license applied for or longer,
by a responsible insurance company, approved as to sufficiency and as to
legality by the municipality providing indemnity for or protection to the
applicant against loss resulting from the operation of each such taxicab on
account of injury or death of one person in any one accident, on account of
injury or death of more than one person in any one accident, and for property
damage caused in any one accident.
(b) In lieu of the policies of
insurance above described, applicant may furnish a bond binding the principal
and sureties to liability for the payment of a judgment or judgments as above
set forth, with at least two approved persons as sureties or one approved
corporate surety approved as to sufficiency and as to legality by the
municipality.
(B) Thereupon, the executive or
other chief administrative officer shall examine the supporting information and
documents and being satisfied that applicant is the owner of any such vehicle,
that the same is a safe and fit conveyance, and that satisfactory insurance or
bond has been issued and is in force thereon, he shall, upon payment of the
prescribed license fee, issue a license to the applicant.
(C) A certified copy of the
license shall be exhibited in a prominent place in each taxicab at all times.
At the time of issuing the license, the
executive or other chief administrative officer shall designate a regular
parking space for the taxicab or taxicabs, and he may prescribe rules for usage
of this stand suitable to applicant's business and agreeable with the public
convenience and welfare.
' ll3.06 DISPLAYING RATES; EXCESSIVE CHARGES.
Every taxicab shall display at all times a
printed list of the fares and rates to be charged passengers for
transportation; and it shall be unlawful for any owner or driver to charge any
amount in excess of such printed rates unless by mutual agreement between
passenger and driver entered into before leaving the point of departure. Penalty, see ' ll3.99
' ll3.07 ALL DRIVERS TO BE LICENSED.
No person under 2l years of age and no person
other than a driver duly licensed under the laws of the state shall operate a
taxicab on any street or alley of the municipality.
Penalty, see ' ll3.99
' ll3.08 SUSPENSION OR REVOCATION OF LICENSE.
Whenever a licensee shall for a period of 60
days fail to make a reasonable or consistent effort to operate any such taxicab
or taxicabs the executive or other chief administrative officer may either
suspend or revoke such license pursuant to the provisions of ' ll0.07. This power to suspend or revoke shall not
limit the powers granted to the executive or other chief administrative officer
elsewhere in this code.
All owners of taxicabs hereby licensed, at
the completion of the year for which such license was issued, shall be entitled
to a renewal for each succeeding year without a finding of convenience or
necessity providing all other requirements of this code have been complied
with.
' ll3.l0 VEHICLE INSPECTION; REQUIREMENTS.
(A) It shall be unlawful for the
owner or other person having possession or control of any taxicab, to operate
it upon the streets unless the vehicle has been duly inspected and found safe
and road-worthy within the preceding 6 months.
(B) If any such taxicab is damaged
by reason of a collision, or from any other cause, it shall be unlawful for the
owner or other person having possession or control thereof to operate it upon
the streets unless the vehicle has been tested and approved within 24 hours
after such vehicle has been returned to service.
(C) A violation of this section
shall constitute grounds for revocation of a taxicab license. Penalty, see ll3.99
Whoever violates any provision of this
chapter shall be fined not more than $l00.
A separate offense shall be deemed committed on each day that a
violation occurs or continues.
Section
ll4.0l Issuance of liquor retailers' permits
ll4.02 Transportation of open
alcoholic beverage containers in
motor vehicles prohibited
' ll4.0l ISSUANCE OF LIQUOR RETAILERS' PERMITS.
The town hereby consents to the issuance of
liquor retailers' permits to applicants otherwise duly qualified under Chapter
226 of the Acts of the Indiana General Assembly of l935 (IC 7.l-3-9-3) in
respect to premises located within the town.
(Ord. 75, passed 5-ll-64)
' ll4.02 TRANSPORTATION OF OPEN ALCOHOLIC BEVERAGE CONTAINERS IN MOTOR
VEHICLES PROHIBITED.
(A) Definitions. For the purpose of this section, the
following definitions shall apply unless the context clearly indicates or
requires a different meaning.
(l) ALCOHOLIC
BEVERAGE. This term shall have the
same meaning set forth in IC 7.l-l-3-5.
(2) CONTAINER. This term shall have the same meaning set
forth in IC 7.l-l-3-l3.
(3) MOTOR
VEHICLE. This term shall have the
same meaning set forth in IC 9-l3-2-l05, except that MOTOR VEHICLE as used in this section shall not include
recreational vehicles which are designed to transport more than ten passengers,
including the operator, or any chartered passenger vehicle licensed to operate
within the state.
(B) Consumption
of alcoholic beverage in operated motor vehicle prohibited. A person who knowingly consumes an alcoholic
beverage while in a motor vehicle that is being operated upon the public
streets and alleyways within the town, commits a violation of this section.
(C) Possession
of opened alcoholic beverage container in operated motor vehicle
prohibited. A person who knowingly
possesses a container that has been opened; that has a broken seal; or from
which some of the contents have been removed while in a motor vehicle that is
being operated upon the public streets and alleyways within the town commits a
violation of this section.
(D) Consumption
of alcoholic beverage while operating a motor vehicle is prohibited. A person who knowingly consumes an alcoholic
beverage while operating a recreational vehicle defined herein, or while
operating a recreational vehicle designed to transport more than ten
passengers, including the operator, or any chartered passenger vehicle licensed
to operate within the state, commits a violation of this section.
(E) Notice. Signs giving notice of this prohibition of
open alcoholic beverage containers shall be posted giving notice of such
regulation at all locations deemed appropriate by the town, and by and through
its Town Council.
(Ord. 9201, passed 7-13-92) Penalty, see ' ll4.99
An officer of the Town Police Department may
issue a town ordinance violation citation to a person who violates
' ll4.02. The first such citation
issued to an individual shall impose a fine of $50. Each subsequent citation issued to an individual shall impose a
penalty of not less than $l00 and not more than $2,500.
(Ord. 920l, passed 7-l3-92)
Section
ll5.02 Extension of service; certain provisions not required
ll5.03 Instruments incorporated by reference
ll5.04 Initial rate structure; failure to provide reasonable
service request; termination of systems service
ll5.06 Payment of franchise fee
The Town Council hereby grants a nonexclusive
franchise to Cox Cable of Michigan City, Inc. to provide cable television
service, utilizing its Michigan City facilities and system, to the residents of
the town.
(Ord. 8203, passed 3-8-82)
' ll5.02 EXTENSION OF SERVICE: CERTAIN PROVISIONS NOT REQUIRED.
Pursuant to this grant, the franchise shall
provide an extension of its Michigan City service and shall not be required to
provide to the town any of the following:
Separate office facilities, separate studio, separate master
telecommunications center, or separate access channels.
(Ord. 8203, passed 3-8-82)
' ll5.03 INSTRUMENTS INCORPORATED BY REFERENCE.
(A) Other than as modified by
' ll5.02 above, the provisions of the following instruments are
incorporated by reference herein:
(l) The bid proposal filed by Cox
Cable of Michigan City, Inc. with the city of Michigan City on July l9, l979.
(2) General ordinance 2435 adopted
by the Michigan City Common Council March 20, l979;
(3) General ordinance 2525 adopted
by the Michigan City Common Council July l5, l980.
(B) Incorporation by reference of
the above-enumerated instruments shall require that, to the extent practicable,
all of the terms, conditions, duties, requirements, rights, and responsibilities
contained within the instruments as applicable to the city of Michigan
City, Indiana (including its various departments) shall
be
applicable to the
town herein. Further,
incorporation by reference of the above-enumerated
instruments shall require
that, to the
extent practicable, all
of the terms, conditions, duties, requirements,
rights, and responsibilities contained within those instruments as applicable
to Cox Cable, Cox Cable of Michigan City, Inc., franchisee, or any other
appropriate designation shall be applicable to Cox Cable of Michigan City, Inc.
as franchisee herein.
(Ord. 8203, passed 3-8-82)
' ll5.04 INITIAL RATE STRUCTURE; FAILURE TO PROVIDE REASONABLE
SERVICE REQUEST; TERMINATION OF SYSTEMS SERVICE.
(A) The initial rate structure to
be charged by Cox Cable of Michigan City, Inc. to its customers in the
franchise area shall be the same as those set forth in its bid proposal filed
with the city of Michigan City.
(B) If Cox Cable of Michigan City,
Inc. fails to provide any reasonable service request by a subscriber or user,
Cox Cable of Michigan City, Inc. shall, after being afforded a reasonable
opportunity to provide the service, not to exceed six months, within 60 days
refund all deposits or advanced charges paid for the service in question by the
subscriber or user. This provision does
not alter the responsibility of Cox Cable of Michigan City, Inc. to subscribers
and user under any separate contractual agreements Cox Cable of Michigan City,
Inc. might have with subscribers and users or relieve Cox Cable of Michigan
City, Inc. of liability for fines under this chapter that may be assessed by
the town or damage that might result to the town or any subscriber because of
the failure of Cox Cable of Michigan City, Inc. to provide a service promised.
(C) Upon written request for
termination of systems service by any subscriber, Cox Cable of Michigan City,
Inc. shall, without charge, terminate such service within 30 days of receipt of
such request and charges to a subscriber for the month in which termination of
systems service was requested shall be abated pro rata for each day remaining
in such month following the third day after receipt of such request. Such refund shall be paid to the subscriber
within 60 days of the request. However,
in the event that a subscriber shall request any second or subsequent
disconnect, Cox Cable of Michigan City, Inc. shall be entitled to charge a reasonable
fee for any such second or subsequent disconnect which shall be requested
within 30 days of the prior disconnect request.
(Ord. 8203, passed 3-8-82)
The franchise area shall be for the present
territorial limits of the town together with any areas acquired through future
annexations.
(Ord. 8203, passed 3-8-82)
' ll5.06 PAYMENT OF FRANCHISE FEE.
In consideration of the granting of this
franchise, the franchisee shall
pay to the
town a franchise fee
of 3% of annual gross revenues from all sources from its customers
within the franchise area described herein.
In addition, Cox Cable of Michigan City, Inc. shall be responsible for
50% of all costs of publication and any additional costs incurred by the town
in its study, preparation of proposal, documents, and other efforts up through
and including the adoption of this chapter including reasonable attorney's fees
which the expenses shall not, in any event, exceed the sum of $400 to be paid
by Cox Cable of Michigan City, Inc. The
town will provide Cox Cable of Michigan City, Inc. with an accounting of these
expenses and shall supply Cox Cable of Michigan City, Inc. with invoices for
those expenses. Cox Cable of Michigan
City, Inc. shall deliver the payment to the town within 30 days of receipt of
the invoices. Failure to make timely
payment of the expenses shall constitute a substantial violation of this
agreement.
(Ord. 8203, passed 3-8-82)
Cox Cable of Michigan City, Inc. shall
provide and make available to each subscriber of the cable communications
system a lockout device for use by each such subscriber. Such a device shall be made available by the
company to any subscriber upon request at no charge to the subscriber. Such device shall permit the subscriber to
lockout all nonbasic tiers containing adult program material. Cox Cable of Michigan City, Inc. reserves
the right to require a reasonable deposit for the use of the device as set
forth in the rate schedule.
(Ord. 8203, passed 3-8-82)
The franchisee shall file and maintain
throughout the term of this franchise a faithful performance bond running to
the town with a good and sufficient surety to be approved by this Board in the
penal sum of $l0,000, conditioned that the franchisee shall well and truly
perform each term and condition of this franchise; the bond shall not be
terminated or allowed to expire except upon 30 days' written notice to this
Board.
(Ord. 8203, passed 3-8-82)
The term of this franchise shall be for a
period commencing upon the effective date of this chapter and ending on July
l7, l995. Renewal or extension of this franchise shall be granted upon approval
of this Board in the manner set forth in Section III(C) of Michigan City ordinance
2435.
(Ord. 8203, passed 3-8-82)