PEDDLER. A person who attempts to make personal contact with a resident at his or her residence without prior specific invitation from the resident, with the primary purpose of attempting to sell or solicit a good or service, whether or not the goods or services are actually delivered at the time of the sale. This term includes solicitors and those collecting information for commercial purposes.
(Ord. 2015-02, passed 6-22-2015)
§ 25-2-1-2 LICENSE REQUIRED.
- No person shall be engaged as a peddler in unincorporated Johnson County, Indiana, without first complying with the requirements of this Chapter and securing a license pursuant to this Chapter.
- A license is NOT required for canvassers, although canvassers may choose to obtain a license for the purpose of reassuring County residents of the canvasser’s good faith.
- Licenses granted under this Chapter shall be good for a period of six (6) months, at the expiration of which reapplication is required.
- Each person engaging in peddling activities, whether individually or as a representative of a company, shall complete an application.
- License renewal shall be in the same manner and be subject to the same conditions as the original license.
- Licenses are non-transferable. No person shall use a license issued to any other person.
§ 25-2-1-3 APPLICATION FOR LICENSE.
Applicants for a license under this chapter shall file with the Johnson County Sheriff’s Office, on a form provided by that Office, a sworn application in writing which shall give the following information:
- Proof of age, address, and identification of applicant, to be provided by presenting the applicant’s driver’s license, state identification card, passport, or other United States government-issued identification card;
- A brief description of the nature of the business and the goods to be sold
- The name and address of the company represented by the applicant, if any
- If the company is incorporated, the state of its incorporation, whether it is authorized to do business in Indiana and evidence that the corporation has designated a resident agent in Indiana upon whom legal service may be made, and that the corporation will be responsible for the acts of its employees in the County;
- The motor vehicle make, model, year, color, and state license plate number of any vehicle which will be used by each person;
- The website and email address of a representative for the company, where residents having subsequent questions can go for more information;
- A statement as to whether the applicant has been convicted of any felony or misdemeanor, and, if so, the nature of the offense, the penalty or punishment imposed, the date and place of such offense, and whether the applicant is required to be registered as a sex offender in this or any state;
- The last counties, cities, or towns, not exceeding three (3), where the applicant carried on business immediately preceding the date of application;
- A statement as to whether a civil judgment has ever been entered against the applicant or, to the applicant’s knowledge, the company, for fraud, deceit, or breach of contract, if so, the full details thereof; and
- Authorization for the Johnson County Sheriff’s Office to conduct a criminal background check to verify information disclosed on the application.
§ 25-2-1-4 GENERAL PROHIBITIONS; PENALTIES.
- No person shall:
- With or without a license, enter upon private property where any form of sticker or sign is clearly displayed advising that the occupant does not wish to be called upon by peddlers, canvassers, and/or solicitors, such as a “No Soliciting” sign;
- With or without a license, remove any sign or sticker that gives notice that the occupant does not wish to be called upon by peddlers, canvassers, and/or solicitors;
- With or without a license, distribute any commercial or non-commercial literature at any private property in a manner that causes permanent damage to such property; or
- With or without a license, remain on private property after being asked by the occupant to leave.
Any person violating the provisions of this Subsection (A) may be subject to criminal penalties under Indiana Code.
- No person shall:
- With or without a license, use, or attempt to use, any entrance other than the front or main entrance to the dwelling except by express invitation of the occupant of the property; or
- Engage in peddling activities as defined above without first obtaining a license from the Johnson County Sheriff’s Office.
Any person violating the provisions of this Subsection (B) shall be punished by a fine of not more than ten dollars ($10.00) for a first offense, fifty dollars ($50.00) for a second offense, nor more than seventy-five dollars ($75.00) for each subsequent offense. Multiple citations may be issued on the same day, if more than one offense occurs. Repeated violations may result in license revocation.
- It is a violation of this Chapter for any person, organization, corporation, or business entity to instruct, direct, command, order, organize or otherwise arrange for any person to engage in any violation of this Chapter. Any person violating the provisions of this Subsection (C) shall be punished by a fine of not less than $500 and not more than $2,500 for each violation. Repeated violations may result in license revocation.
§ 25-2-1-5 GROUNDS FOR DENIAL OF LICENSE.
The Johnson County Sheriff’s Office may deny an applicant a license for any of the following reasons:
- The applicant has been convicted of a crime, if
- the crime is substantially related to the qualifications, functions, or duties of the business, profession, or occupation for which the license is to be issued;
- the crime was against the property of another;
- the crime was of a nature such that the applicant must register as a sex offender; or
- the crime was against a person;
- The applicant has committed any act involving dishonesty, fraud, or deceit which resulted in criminal or civil liability;
- The applicant made any false, misleading, or fraudulent statement on an application, or has submitted an incomplete application; or
- Issuance of the license would be inconsistent with public health, safety, or general welfare.
The Johnson County Sheriff shall issue a written denial within three (3) business days, stating therein the basis for the denial.
§ 25-2-1-6 LICENSE FORM.
- The license shall show the date of issuance, the activity licensed, and the expiration date of the license (not more than six months from date of issue), a current photo of the applicant, and shall be signed by the Johnson County Sheriff. The Johnson County Sheriff shall keep a record of all licenses issued.
- All applicants for a license under this Chapter shall pay to the Johnson County Sheriff a license fee of Ten Dollars ($10.00) for each six (6) month period in which the applicant proposes to transact business.
- Pursuant to I.C. § 25-25-2-1, this fee shall not apply to a United States veteran described in I.C. § 10-17-5-2 or I.C. § 10-17-5-1, or any other United States veteran who holds an honorable discharge from such service issued by the proper authorities. Upon the presentation of the veteran’s certificate of honorable discharge, properly executed, to the Johnson County Sheriff and proving the person’s identity as the person named in the person’s certificate of honorable discharge, the Sheriff shall issue to the former soldier or sailor a free license under this Chapter. United States veterans must comply with all other requirements of this Chapter.
§ 25-2-1-7 EXHIBITION OF LICENSE.
- Each person engaged in an activity licensed under this Chapter at the residence of a prospective buyer shall at the outset disclose to the prospective buyer his or her name and the company he or she represents. If requested to do so, the license holder must immediately leave the premises.
- The license holder must carry license at all times when engaged in the licensed activity, and shall exhibit the license when applying for a renewal and upon demand of any law enforcement officer to avoid penalties under this Chapter.
§ 25-2-1-8 REVOCATION OF LICENSE.
Any license issued may be suspended or revoked by the Johnson County Sheriff, for any of the following causes:
- Fraud, misrepresentation, or incorrect statement contained in the application, or made in carrying on the licensed activity;
- Actions unauthorized or beyond the scope of the license granted;
- Violation of any regulation or provision of this Chapter applicable to the activity for which the license has been granted, or any applicable regulation or law of the state; or
- Failure to continuously comply with all conditions required as precedent to the approval of the license.
§ 25-2-1-9 HEARING.
- Any person aggrieved by the action of any County official in denying or revoking a license shall have the right to a hearing before the County Auditor, or his or her designee, on any such action, provided a written request therefor is filed with the County Auditor within ten (10) days after receipt of the notice of the denial or revocation of any license.
- The action taken by the County Auditor, or his or her designee, after the hearing shall be final.
§ 25-2-1-10 REPEALER.
All prior ordinances, or portions thereof, in conflict with provisions of this Chapter are hereby repealed.
§ 25-2-1-11 SEVERABILITY.
If any section, provision, or part of this Chapter is adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Chapter as a whole or any portion thereof not adjudged invalid or unconstitutional.
§ 25-2-1-12 EFFECTIVE DATE.
This Chapter shall be in full force and effect from and after its passage, approval, and publication according to law.