§ 951-302 — License required; fee; exempt activities

Sec. 951-302. - License required; fee; exempt activities.

(a) It shall be unlawful for a flea market merchant to engage in the sale of regulated flea market items in the city without first having obtained a license therefor from the license administrator. The annual fee for a flea market merchant license shall be provided in section 131-501 of this Code. (b) Notwithstanding the provisions of subsection (a) of this section, a person is not required to obtain a license under this article if the person's flea market merchant's activity consists solely of the following: (1) The sale of goods to benefit a charitable cause, organized and conducted by an organization that is exempt from the Indiana gross retail tax under IC 2.5-5-26, provided that: i. The sale of goods occurs for no more than thirty (30) days in a calendar year; (2) A garage sale, as provided under section 987-201 of this Code; or (3) An auction of goods that originates primarily on the property where the auction occurs, and that were not moved to the property from another location for the purpose of sale at the auction, conducted by an auctioneer licensed under IC 25-6.1 (c) If the flea market merchant activity described in subsection (b)(1) of this section occurs on private property, it shall not be exempt from the license requirement unless the person engaged in the activity has written consent from the property owner to use the property

(G.O. 45, 2012, § 1)