FLEA MARKET SALES

Indianapolis-Marion County Revised Code tit. IV, ch. 951, art. III

in effect

Indianapolis-Marion County Revised Code § 951-301 Definitions.

Sec. 951-301. - Definitions. As used in this article, the following terms shall have the meanings ascribed to them in this section. Flea market means and includes any location, at which space is rented or otherwise made available to others for the sale, exchange, or purchase of used or second hand goods, except for the following locations: (a) Indiana Convention Center; (b) Indiana State Fairgrounds; (c) Marion County Fairgrounds; and (d) Any special events zone established under a license issued pursuant to a special event license issued pursuant to section 986-102 of this Code. Flea market merchant means any person or entity that engages in the sale of goods in connection with a flea market. Inspection personnel means and includes law enforcement officers, fire inspectors, any personnel acting on behalf of the license administrator, and any other duly authorized representatives of the city. Regulated flea market items means and includes used or secondhand electronic instruments or devices, jewelry, sports equipment, video game systems, musical instruments, tools, or any item originally marked with a serial number. 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 improved or 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. (G.O. 45, 2012, § 1; G.O. 8, 2013, § 1)

Indianapolis-Marion County Revised Code § 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)

Indianapolis-Marion County Revised Code § 951-303 License information required.

Sec. 951-303. - License information required. (a) A person who wishes to engage in flea market merchant activity shall file a verified license application as prescribed by 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 sale of regulated flea market items; (2) A description of the regulated flea market items that will be displayed, offered, or sold; (3) Whether the sales location where the sale of regulated flea market items will occur is or is not public right-of-way; and (4) If the 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 site for the sale of regulated flea market items. (b) It shall be unlawful for an applicant under this article to provide false information on the license application form, which may result in a denial of the license or other action as deemed appropriate by the license administrator. (G.O. 45, 2012, § 1)

Indianapolis-Marion County Revised Code § 951-304 License term.

Sec. 951-304. - License term. (a) 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 the sale of regulated flea market items after the expiration of the license shall file a new license application form with the license administrator or complete the renewal procedure established by the license administrator. (G.O. 45, 2012, § 1)

Indianapolis-Marion County Revised Code § 951-305 Transfer prohibited; notification required.

Sec. 951-305. - Transfer prohibited; notification required. (a) A license issued under this article may not be transferred by the licensee or the license administrator to any other person. (b) A licensee shall notify the license administrator in writing of the dates and locations that the sale of regulated flea market items will occur in advance of such sale. (G.O. 45, 2012, § 1)

Indianapolis-Marion County Revised Code § 951-306 Unlawful purchases.

Sec. 951-306. - Unlawful purchases. It shall be unlawful for any flea market merchant to receive any articles in the course of his business from any person who is in an intoxicated condition, is a minor, or who is known or suspected by him to have acquired and be disposing of such article unlawfully. (G.O. 45, 2012, § 1)

Indianapolis-Marion County Revised Code § 951-307 Other restrictions on flea market merchants.

Sec. 951-307. - Other restrictions on flea market merchants. (a) This section does not apply to an authorized manufacturer's or distributor's representative. (b) The following items may not be sold, offered for sale, or knowingly permitted to be sold at a flea market: (1) Food manufactured and packaged for sale for consumption by a child less than two (2) years of age as defined in IC 24-4-12-5; (2) Medical or pharmaceutical device, as defined in IC 25-26-13-2; (3) Drug, as defined in IC 25-26-13-2; or (4) Stolen goods. (c) It shall be unlawful for a flea market merchant 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; (3) Generate litter by the licensee or the licensee's customers that is not promptly removed by the licensee; or (4) Fail to display, in a manner visible to the consumer at all times or at the request of an enforcement officer, the license issued to the merchant pursuant to this article. (d) Flea market merchant operations 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. (e) In addition to the restrictions stated in subsections (a) through (d) of this section, the license administrator may impose other reasonable restrictions on the flea market merchant's operations by regulation. (G.O. 45, 2012, § 1; G.O. 8, 2013, § 2)

Indianapolis-Marion County Revised Code § 951-308 Record to be kept.

Sec. 951-308. - Record to be kept. (a) Every flea market merchant who deals in regulated flea market items shall keep and preserve a record in an electronic form as directed and approved by the license administrator, of all purchase transactions to which such flea market merchant is a party. (b) When receiving regulated flea market items, the flea market merchant shall simultaneously enter the following information into the record required by this section: (1) Description, including unique identifying characteristics, color, style, and design of regulated flea market item; (2) Amount of consideration exchanged for regulated flea market item received in the purchase transaction; (3) Date and time of the purchase transaction; (4) Name, address, date of birth, age, race, height, weight, and any distinguishing marks or conditions of the person receiving consideration in exchange for any regulated flea market item in the purchase transaction; (5) The type of government issued identification used to verify the identity of the seller, together with the name of the governmental agency that issued the identification and the identification number present on the government issued identification; (6) The motor vehicle license number, make, model and color of the vehicle delivering the regulated flea market item to the flea market merchant's place of business; (7) The name of the person entering the information into the record required by this section; (8) The signature of the person receiving consideration for any flea market item in the purchase transaction; (9) A photographic copy of the unexpired government-issued photographic identification card of the person receiving consideration in exchange for any regulated flea market item during the purchase; (10) A photographic or videographic image, tagged or marked with the receipt number, made at the time of the purchase transaction, showing a frontal view of the facial features of the person receiving consideration for any regulated flea market item in the purchase transaction; (11) A photographic or videographic image, tagged or marked with the receipt number of any regulated flea market item and, unless the item was obtained from another flea market merchant licensed under this article, any unique characteristics thereupon; and (12) A copy of certificate of title, a duplicate certificate of title, or a certificate of authority to sell obtained under IC 9-22-5, if applicable to the regulated flea market item involved in the purchase transaction. (G.O. 45, 2012, § 1)

Indianapolis-Marion County Revised Code § 951-309 Fingerprint card record for police.

Sec. 951-309. - Fingerprint card record for police. (a) Before receiving any regulated flea market item from any person, a flea market dealer shall obtain the right thumbprint of that person, in such a manner so as to electronically transmit the thumbprint of the person offering to sell or exchange the regulated flea market item. Or, upon written authorization from the license administrator, a flea market dealer shall obtain the right thumbprint of the person offering to sell or exchange the regulated flea market item on a piece of card stock measuring three inches by five inches. If it is impossible to obtain a thumbprint, the print from any other finger may be substituted if accompanied by a description of the finger used and the reason the right thumb could not be used. (b) A flea market dealer shall submit, either electronically, or upon written authorization of the license administrator, by mail, the thumbprint of the person offering to sell the regulated flea market item. The submission shall be in a form as directed and approved by the license administrator and shall be submitted no later than the next business day after the regulated flea market item is received, to an agency or entity, approved by the license administrator. (c) A flea market dealer, and any agents or employees of the flea market dealer, shall make the thumbprint, or substitute fingerprint, in a manner approved by Indianapolis Metropolitan Police Department, and shall ensure that upon the card's delivery, the print is of a character and quality that allows its ready and effective use for identification via fingerprint comparison. (G.O. 45, 2012, § 1)

Indianapolis-Marion County Revised Code § 951-310 Retention of acquired property.

Sec. 951-310. - Retention of acquired property. All regulated flea market items received by a flea market merchant under this article shall be held intact by the flea market merchant for ten (10) business days after the flea market merchant has submitted the record as required under sections 951-308 and 951-309. Whenever any flea market merchant receives written notice, either from the police department or from an individual, that someone is maintaining a claim of right to possession of the regulated flea market item adverse to the merchant, the merchant shall keep the article in his possession or turn it over to the local law enforcement agency if so required by the local law enforcement agency. Once notice of an adverse claim to the article has been given under this section, the article shall be held for twenty (20) days, during which legal proceedings may be commenced to determine who is entitled to the property. If the matter is not settled or legal proceedings have not been commenced within twenty (20) days, the property shall be returned to the flea market merchant by the local law enforcement agency if held by them. (G.O. 45, 2012, § 1)

Indianapolis-Marion County Revised Code § 951-311 Violations, enforcement and penalties.

Sec. 951-311. - Violations, enforcement and penalties. A violation of any provision of this article shall be subject to the enforcement procedures and penalties as provided in section 103-3 of this Code; provided, however, the fine imposed for each 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. 45, 2012, § 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_CH951PADESEGOFLMASADESASCMEDEPRME_ARTIIIFLMASAFetched: 10/27/2026