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NOTICE OF PUBLIC HEARING ON CITY CODE TEXT AMENDMENT Notice is hereby given that the Warsaw Common Council, Warsaw, Indiana, will hold a hearing on a proposed amendment to the text of the City Code of Warsaw Indiana. The hearing will be held on the 7th day of February, 2011, at 7 :00 p.m. in the Council Chambers at City Hall; located at 302 East Market Street, Warsaw, Indiana. Interested parties may voice an opinion upon hearing date and/or file written comments concerning the amendment. The proposed amendment was initiated by the City of Warsaw Common Council. The amendment would do the following to the City Code of Warsaw Indiana: -LIST- Amend Chapter 18 Businesses: Article II. Itinerant Merchants and Peddlers ORDINANCE NO. 2010-12-02 AN ORDINANCE AMENDING CHAPTER 18 OF THE CITY CODE OF WARSAW, INDIANA SECTION 1. Be it ordained by the Common Council of the City of Warsaw, Indiana, that the text of the Code of Laws of the City of Warsaw, Indiana is hereby amended as stated herein. SECTION 2. This ordinance revision was initiated by the Common Council of the City of Warsaw, which did on February, 7 2011, hold a legally advertised public hearing on said ordinance and by resolution recommended adoption of said amendment. SECTION 3. Chapter 18 of the Code of Laws of the City of Warsaw, Indiana, is amended to read as follows: Article II. Itinerant Merchants and Peddlers. Sec. 18-31 (b) is amended to read as follows. (b) Application. The fee for the license required by subsection (a) of this section shall be $100.00 per person directed to the City of Warsaw General Fund. The transient merchant is required to complete an application showing the following to the City Clerk before license will be issued; (1) A valid photo identification card, (2) Proof of a valid Indiana Retail Merchants Certificate and/ or a valid county health permit (where applicable,) (3) A detailed inventory and description of such merchandise to be offered for sale, the manner in which the merchandise is to be advertised for sale, the names of the persons from whom the merchandise was obtained, the date of receipt of the merchandise by the applicant, (4) A copy of a notice which, ten (10) days before the application has been filed, shall have been mailed by registered mail by the applicant to the department of state revenue as reflected in I.C. 25·37-1-4 (f) (5) Proof of liability insurance covering the permitted use in full force and effect during the entire duration of the permitted time in an amount determined by the Board of Works to adequately compensate for any and all liability exposure. (6) Said application shall be verified. Article II. Itinerant Merchants and Peddlers. Sec. 18-31. License. Is amended to include the following. (d) Sections Incorporated By Reference. Said application shall be subject to Section 18-84, 18- 85, 18-86, 18-87, and 18-88. Any reference to taxicab therein shall be interpreted as "itinerant merchant or peddler." (e) Issuance of License. After the applicant has established full compliance with all the provisions of this Article, the City Clerk shall issue to the applicant a license authorizing the said applicant to transact business as proposed in said application. The City Clerk shall keep a record of such license in a book provided for that purpose, which shall at all times be open to public inspection. (f) Waiver. (1) A veteran who holds an honorable discharge from the armed forces of the United States is exempt from the payment of the license fee as referenced in I.C. 25-37-1-14. (2) Nonprofit organizations temporarily operating as an itinerant merchant or peddler are exempt from the license fee. (3) The Mayor of the City of Warsaw has the authority to waive the fee for the license required if he deems it appropriate. (g) Duration. A permit shall expire six (6) months after the date of issuance unless revoked prior to the expiration. (h) Location. Mobile vendors shall not stop to sell within fifty (50) feet of an intersection or on any street with a speed limit of thirty (30) miles per hour or greater. (4) Vendors shall provide a trash receptacle for each location. (j) Penalties. The City of Warsaw reserves the right to revoke any issued license at any time, for any reason. In addition to revocation, a fine may be added as allowed by this Code. (k) Authority. This ordinance is authorized and empowered by IC 25-37-1-11 of the Indiana State Code. SECTION 4. That this Ordinance is to be in full force and effect from and after its passage. Adopted this __ day of_______ , 2011. AYE NAY Dr. Joe Thallemer Dr. Joe Thallemer Kyle Babcock Kyle Babcock Charles D. Smith Charles D. Smith George Clemens George Clemens Jerry Patterson Jerry Patterson Diane Quance Diane Quance Ernest Wiggins, Presiding Officer Common Council, City of Warsaw Attest: Lynn Christiansen, Clerk-Treasurer PRESENTED TO AND APPROVED by me this_____day of_____, 2011 I affirm, under penalties by perjury, that I have taken reasonable care to redact each Social Security Number in this document, unless required by law. Mike Valentine This instrument prepared by Mike Valentine, Attorney at law This amendment would apply to all zoning districts within the City of Warsaw The proposed amendment may be examined in the offices of the Building and Planning Department located at 794 West Center Street, Warsaw, Indiana WARSAW COMMON COUNCIL OF WARSAW, INDIANA by: Jeremy Skinner, City Planner j19
