Chapter 12
LICENSES, PERMITS AND MISCELLANEOUS BUSINESS REGULATIONS

Sec. 12-1. Purpose and Authority.
The Town Council of the Town hereby finds that a business registration procedure should be established for the purpose of protecting the public health, safety, and welfare of the community. The Town is authorized by I.C. 36-8-2-10 to regulate the operation of businesses, crafts, professions and occupations within it corporate boundaries. Additionally, I.C. 36-1-3-4 grants said Town all powers necessary or desirable to conduct its affairs.

Sec. 12-2. Business Defined.
For the purposes of this chapter, the term "business" shall mean an enterprise involving the selling, storing or processing of goods or commodities, or the rendering of services. Business shall include all commercial (whether wholesale or retail) operations as well as industrial enterprises engaged in the manufacture, processing or assembling of parts in the finished or unfinished products, and the repair or reconditioning of products, appliances, machines or other goods. Coin operated centers shall be included such as laundromats, video games, pinball machines, pool tables, and the like. Business shall also include all home occupations that fit within the above definition of business and apartment complexes. For the purposes of this chapter, an apartment complex shall be any structure that contains more than four (4) separate residential units in the Town.

Sec. 12-3. Prima Facie Evidence of Doing Business.
The placing or permitting of any business sign or notice on or within any premises; any publication of opening of any business by advertisement in any newspaper or telephone book, or by any poster, circular, letter or card, or by any other method of attracting public notice thereto; or by acquiring or using any premises in the Town for business purposes shall be prima facie evidence of doing business and the liability of such person or entity to obtain and pay for a business registration as required by this chapter.

Sec. 12-4. Business Registration Permit Required and Application.

B.  Forms for all business registration permits shall be prepared and kept on file in the office of the Clerk-Treasurer.

C.  Upon receipt of an application for a business registration permit, the Office of the Clerk-Treasurer shall refer such application to the proper department within said Town for making required inspections.

D.  All business registration permits issued by the Clerk-Treasurer shall be for a term of one (1) year, commencing February 1 st and expiring January 31 st of the following year. All business registration permits are required to be renewed on an annual basis no later than January 31 st of each year. In the event the renewal is not done on a timely basis, the applicant shall be subjected to being cited for a violation of this chapter and fined accordingly. However, upon the publication date of this Ordinance, all existing businesses in the Town shall have a sixty (60) day period in which to register their business and therefore become in compliance with the chapter. All business registration permits issued between the passage of this chapter and January 30, 1996 shall not be required to be renewed until January 31, 1997.

E.  All business registration permits issued by the Clerk-Treasurer are non-transferable.

Sec. 12-5. Display of Permit.
All persons or entities duly issued a permit shall display such permit prominently at the business so permitted.

Sec. 12-6. Permit Required.
It shall be unlawful for any person or entity, either directly or indirectly, to conduct or maintain any business or premises for which a permit is required by this chapter, unless a valid permit is issued by the Clerk-Treasurer and kept in effect at all times. The permit requirement applies to residents and non-residents alike; provided, however, no such permit shall be required of any person for the mere delivery of merchandise into the Town.

Sec. 12-7. Records.
All applications for and permits issued by the Town shall be kept and maintained by the Clerk-Treasurer.

Sec. 12-8. Exemptions.
This chapter shall not apply to the businesses covered by the chapter commonly known as the Peddler's Ordinance that is found at Sec. 18-1 through 18-10 of the Code and the licensing of building contractors that is found at Sec. 5-81 through 5-84 of the Code and businesses operated out of a home that do not involve the storing or processing of goods or commodities.

Sec. 12-9. Inspection of Business.
The Clerk-Treasurer may have businesses inspected by designated Town officials to determine compliance with the requirements of this chapter.

Sec. 12-10. Buildings and Premises to Comply with Town Regulations.
No permit shall be issued for any business and no permit shall be issued for any thing or act if the premises and building to be used for the purpose do not fully comply with the requirements of this chapter, the Code and all State or Federal codes.

Sec. 12-11. Issuance for Unlawful Activities Prohibited.
No permit shall be issued for the conduct of any business or performance of any act which is in violation or which would involve a violation of any ordinance of the Town or law, rule or regulation of the State of Indiana or of the United States.

Sec. 12-12. Change of Location.
The location of any business for which a permit has been issued may be changed, provided that ten (10) days prior notice of the change of location is given to the Clerk-Treasurer and the new location meets with all of the requirements for the issuance of the original permit.

Sec. 12-13. Permit Expiration.
Any permit issued pursuant to the provisions of this chapter shall expire upon any of the following conditions:

B.  Transfer or sale of the business to another individual, partnership, corporation or other legal entity, of the sale, assignment or transfer, directly of indirectly, of at least fifty-one percent (51%) of the corporate stock from any shareholder.

Sec. 12-14. Citations.
Violations of this chapter shall be prosecuted through the Ordinance Violations Bureau.