FRANCHISE ZONES; ALLOCATION OF LICENSES

Indianapolis-Marion County Revised Code tit. IV, ch. 961, art. III

in effect

Indianapolis-Marion County Revised Code § 961-301 Franchise zones designated.

Sec. 961-301. - Franchise zones designated. (a) Before July 15 of any year (and within sixty (60) days after other areas may be designated) the license administrator shall divide the central city into not less than fifteen (15) nor more than fifty (50) distinct franchise zones and certify to the clerk of the council a map showing the boundaries of each franchise zone. The franchise zones shall not include any geographic areas within commercial transaction zones designated under Article IV of this chapter. (b) The purposes of establishing such franchise zones are to allow the operation of carts for benefit to the residents of the city as a whole by promoting pedestrian traffic in the downtown, making the downtown visually more attractive and making a product conveniently available to members of the public without creating disadvantages for residents of the city by creating a health or safety hazard or unreasonably impeding pedestrian flow. (c) The total number of franchise zones that are established hereunder are based on consideration of the following: (1) The effect on pedestrian flow and safety in public areas and sidewalks; (2) The effect on promoting pedestrian traffic and making the downtown visually more attractive; (3) The effect upon the business of existing licensees and other retail sales of food, frozen food, flowers and merchandise; and (4) Whether the public is being adequately served by existing licensees and other retail sale of food, frozen food, flowers or merchandise. (d) On or before August 15 of the year franchise zones are certified by the license administrator, the council may amend such zones. Such franchise zones as amended, or as certified if not so amended, shall be in effect until the next certifications hereunder. (G.O. 215, 1995, § 1; G.O. 63, 2009, § 168)

Indianapolis-Marion County Revised Code § 961-302 Designation of additional franchise zones.

Sec. 961-302. - Designation of additional franchise zones. (a) The license administrator at any time may designate additional franchise zones located outside the central city by certifying to the clerk of the council a map showing the boundaries of the additional franchise zones. (b) Unless otherwise provided in this section, such additional franchise zones shall be subject to the same procedures, conditions and restrictions established for franchise zones under section 961-301 and section 961-303 of this article. (c) A franchise zone licensee may request that the license administrator designate an additional franchise zone outside the central city, and allocate the licensee's license to that zone. (d) If the license administrator designates the zone pursuant to the request and if the licensee is otherwise eligible and qualified under this chapter, then the license administrator shall allocate the licensee's license to the franchise zone for the balance of that calendar year and the entirety of the next two (2) subsequent calendar years. At the end of the second subsequent calendar year, the zone shall become a nonprotected franchise zone, and a license or licenses shall be allocated to it in the same manner as provided in section 961-303. (e) The boundaries of a franchise zone designated pursuant to a request under this section shall not be less than two hundred fifty (250) feet in each direction from the site of the licensee's cart. (G.O. 215, 1995, § 1; G.O. 63, 2009, § 168)

Indianapolis-Marion County Revised Code § 961-303 Allocation of franchise zone licenses among zones.

Sec. 961-303. - Allocation of franchise zone licenses among zones. (a) On or before August 1 of each year, a licensee in a nonprotected franchise zone may notify the license administrator in writing that the licensee elects to remain in such zone for the next calendar year. If the boundaries of such zone have not been changed substantially during the same calendar year under section 961-301 of the Code, and such licensee is otherwise qualified for renewal of that license, the license administrator shall allocate such franchise zone license to such zone as a protected franchise zone. (b) A franchise zone can only be protected for one (1) consecutive annual drawing. (c) Between September 1 and September 30 of each year, the license administrator shall conduct a public drawing of all franchise zone licenses, whether designated as food carts, frozen food carts, flower carts or merchandise carts, to allocate them among all nonprotected franchise zones for a term beginning January 1 and ending December 31 of the following year. Within a single franchise zone, the license administrator may not allocate more than two (2) food cart licenses, one (1) frozen food cart license, one (1) flower cart license, and one (1) merchandise cart license. (d) At least twenty (20) days prior to the public drawing, the license administrator shall give notice of such drawing by mail to each franchise zone licensee and by publication as provided in IC 5-3-1-2(i). Such notice shall state the time, date and place of the drawing, a list of all franchise zones available for selection at such drawing, and a general description of the method by which the drawing shall be conducted. (e) Each franchise zone licensee, whose license is not assigned to a protected franchise zone, may participate in the drawing by paying a participation fee provided in section 131-501 of the code before September 1 of the year of a drawing. Such fee shall be nonrefundable. Participating licensees and nonprotected franchise zones shall be drawn at random. Successful participants may, within forty-eight (48) hours after the drawing, trade franchise zones. The remaining licensees shall be drawn and shall be eligible in that order for any franchise zones becoming available before the next drawing, except a zone created pursuant to a request by a licensee under section 961-302. It shall be unlawful for any participant to offer or accept anything of value as consideration for trading franchise zones. (G.O. 215, 1995, § 1; G.O. 63, 2009, § 168)

Indianapolis-Marion County Revised Code § 961-304 Restriction on licensee's number of carts.

Sec. 961-304. - Restriction on licensee's number of carts. (a) Within the geographic areas of all franchise zones designated pursuant to this article, no person may own or have an interest in more than three (3) food carts, more than three (3) frozen food carts, more than three (3) flower carts, or more than three (3) merchandise carts. (b) A violation of this section shall be grounds for the denial of the application of any applicant and the immediate revocation of the license of any licensee. (G.O. 215, 1995, § 1)

Indianapolis-Marion County Revised Code § 961-305 Restrictions on operations in franchise zones.

Sec. 961-305. - Restrictions on operations in franchise zones. (a) Separation of carts. Within a single franchise zone, and at any place not in a commercial transaction zone, a cart may not be placed for operation within one hundred (100) feet of another cart of the same designation, or within forty (40) feet of another cart of a different designation. Where two (2) or more carts are so located, the cart which has been most recently located in violation of this provision shall be required to move so as not to be in violation. (b) Prohibited locations. At any place not in a commercial transaction zone, a cart may not be placed for operation at a location directly in front of the primary entrance to a retail business, office building or church. The area in which a cart may not be placed is defined by the doorway line, lines running on either side of the door to the nearest curb, and the curb lines. (c) City Market Square. During the hours from 6:00 a.m. to 6:00 p.m., Monday through Saturday, except holidays when the City of Indianapolis offices or Marion County offices are closed, carts may not be located or operated within an area bounded on the north by the north right-of-way line of Ohio Street, on the south by the south right-of-way line of Market Street, on the west by the west right-of-way line of Delaware Street, and on the east by the east right-of-way line of Alabama Street. (G.O. 215, 1995, § 1)

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_CH961SICACA_ARTIIIFRZOALLIFetched: 10/27/2026