TRANSIENT MERCHANT ACTIVITY

Indianapolis-Marion County Revised Code tit. IV, ch. 987, art. I

in effect

Indianapolis-Marion County Revised Code § 987-101 Definitions.

Sec. 987-101. - Definitions. As used in this article, the following terms shall have the meanings ascribed to them in this section. Outdoor sales location means and includes any area outside a permanent building or structure, and which is located either: (1) In the public right-of-way; or (2) Upon property not owned or leased for a term of one (1) year or more by the person engaged in the sale of goods, where the sale of goods occurs immediately adjacent to, or is visible from, the public right-of-way. Sale of goods means and includes the display, offer, or sale of merchandise of any kind by a person who occupies or uses any fixed location of unimproved real property, temporary or mobile building or structure, vehicle, cart, stand or table for the purpose of displaying, offering, or selling such merchandise; however, a sale from a vending machine shall not be considered a sale of goods. Sale of services means and includes the offer or sale of services of any kind by a person who occupies or uses any fixed location of unimproved real property, temporary or mobile building or structure, vehicle, cart, stand or table for the purpose of offering or selling such services. Transient merchant activity means the sale of goods or the sale of services from an outdoor sales location. (G.O. 183, 1997, § 17; G.O. 25, 2010, § 36)

Indianapolis-Marion County Revised Code § 987-102 License required; fee; exempt activities.

Sec. 987-102. - License required; fee; exempt activities. (a) It shall be unlawful for a person to engage in transient merchant activity in the city without first having obtained a license therefor from the license administrator. The annual fee for registration of transient merchant activity shall be provided in section 131-501 of the 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 transient merchant activity consists solely of the following: (1) Transient merchant activity that is authorized by a license obtained under this article by another person; (2) The operation of a licensed vendor cart, any other activity authorized under Chapter 961 of the Code, or any activity associated with an encroachment license issued under Chapter 645 of the Code; (3) The operation of a food vending vehicle that meets the requirements of section 611-501 et seq. of the Code; (4) The sale of goods or services 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: a. The sale of goods or services occurs for no more than thirty (30) days in a calendar year; b. Each person who engages in the sale of goods or services has in his or her possession a card or letter that identifies that person as being authorized by the organization to engage in such sales; (5) A garage sale, as provided under Article II of this chapter; (6) An auction of goods or services that originate 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; (7) The sale of goods or services on commercial property that occurs during the regular hours of operation of the business located on the property; (8) The sale of newspapers; or (9) The transient merchant activity is occurring during a special event within a special event zone and the person or entity engaging in such activity has obtained a limited duration license from the division of construction and business services pursuant to Chapter 986 of the Code. (c) If the transient merchant activity described in subsections (b)(4) and (b)(7) of this section occurs on private property, it shall not be exempt from the license requirement unless the person engaged in the transient merchant activity has written consent, dated and signed by the property owner, to use the property. (G.O. 183, 1997, § 17; G.O. 87, 2004, § 18; G.O. 63, 2009, § 174; G.O. 25, 2010, § 36; G.O. 33, 2011, § 9; G.O. 41, 2016, § 2)

Indianapolis-Marion County Revised Code § 987-103 License information required.

Sec. 987-103. - License information required. (a) A person who wishes to engage in transient merchant activity shall file a verified license application form with the license administrator. In addition to the information required by section 801-203 of the Code, the form shall include the following information: (1) The name and address of each person expected to engage in the transient merchant activity; (2) A description of the goods or services that will be displayed, offered, or sold; (3) Whether the outdoor sales location where the transient merchant activity will occur is or is not public right-of-way; and (4) If the outdoor sales location is not public right-of-way, written proof that the owner or lessee of the location has authorized the applicant to use the location for transient merchant activity. (b) It shall be unlawful for an applicant under this article to provide false information on the license application form. (G.O. 183, 1997, § 17; G.O. 63, 2009, § 174)

Indianapolis-Marion County Revised Code § 987-104 Issuance of license; term.

Sec. 987-104. - Issuance of license; term. (a) The license administrator shall issue a license to each qualified applicant under this article, if: (1) Applicable zoning ordinances do not prohibit transient merchant activity at the proposed outdoor sales location; and (2) In the opinion of the license administrator, the transient merchant activity does not pose a threat to the public health, safety or welfare, and would not significantly inconvenience nearby residents or other members of the public. (b) A license issued under this article shall be valid for a term of one (1) year from the date of issuance. A licensee who wishes to continue transient merchant activity after the expiration of the license shall file a new license application form with the license administrator. (G.O. 183, 1997, § 17; G.O. 63, 2009, § 174)

Indianapolis-Marion County Revised Code § 987-105 Transfer prohibited.

Sec. 987-105. - Transfer prohibited. A license issued under this article may not be transferred by the licensee or the license administrator to any other person. (G.O. 183, 1997, § 17; G.O. 63, 2009, § 174)

Indianapolis-Marion County Revised Code § 987-106 Restrictions on transient merchant activity.

Sec. 987-106. - Restrictions on transient merchant activity. (a) It shall be unlawful to engage in transient merchant activity in such a manner as to: (1) Impede the flow of pedestrian or vehicular traffic, or obstruct or hinder the view of pedestrians or motorists, on any street, alley, sidewalk or right-of-way; (2) Create an unsafe condition or situation; or (3) Generate litter by the licensee or the licensee's customers that is not promptly removed by the licensee. (b) Transient merchant activity shall not take place within the travel portion of any street or alley, or upon any median thereof, while such street or alley is open to vehicular traffic. (c) In addition to the restrictions stated in subsection (a) of this section, the license administrator may impose other reasonable restrictions on transient merchant activity by stating the restrictions on the license. (G.O. 183, 1997, § 17; G.O. 63, 2009, § 174)

Indianapolis-Marion County Revised Code § 987-107 Enforcement and penalties.

Sec. 987-107. - Enforcement and penalties. (a) It shall be the duty of each law enforcement officer of the city or county to determine that persons engaged in transient merchant activity are licensed with the license administrator, and otherwise in compliance with the provisions of this article. (b) A law enforcement officer who issues a complaint and summons ticket form to a person for a violation of this article, and who has reason to believe the violation will continue after issuance of the ticket, may take possession of any tangible goods being offered for sale. Such goods may be retained by the city until the license administrator issues the person a license under this article or the enforcement action is concluded, whichever occurs first. (c) A person who violates any provision of this article shall be punishable as provided in section 103-3 of the Code; provided, however, the fine imposed for such violation shall not be less than two hundred dollars ($200.00), and each day that an offense continues shall constitute a separate violation. (G.O. 183, 1997, § 17; G.O. 63, 2009, § 174)

Source: Consolidated City of Indianapolis and Marion County, Revised Code (Municode Library, library.municode.com)URL: https://library.municode.com/in/indianapolis_-_marion_county/codes/code_of_ordinances?nodeId=TITIVBUCORELI_CH987TRMEACGASA_ARTITRMEACFetched: 10/27/2026