Transient Merchant License
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Transient Merchant License

Transient Merchant Activity/Temporary Seasonal Retail Sales is the outdoor sale of goods is permitted in Marion County on private property in zoning districts that permit either temporary seasonal retail sales or outdoor display or sale of goods. Temporary seasonal retail sales must be conducted with the requirements of Section 732-214(f), and outdoor display or sale of goods must be conducted in accordance with the development standards of the zoning district in which the property is located. Neither transient merchant activity nor temporary seasonal retail sales may be conducted on a vacant parcel.

Example: Outdoor display and sale of goods is not permitted in a C-3 District, but temporary seasonal sales is a permitted use. Any outdoor sale of good in a C-3 district, must meet the definition of temporary seasonal retail sales use set forth below and must comply with the requirements of Section 732-214(f), or it is unlawful.

Example: Both outdoor display and sale of goods and temporary seasonal sales are permitted in a C-4 district. Any outdoor sale of goods in a C-4 district, therefore, must be conducted in compliance with the development standards for a C-4 district or must meet the definition of temporary seasonal retail sales use set forth below and comply with the requirements of Section 732-214(f), or it is unlawful.

If the person who will be engaged in the outdoor sale of goods does not own or is not leasing for a period of at least one (1) year the property on which the sales will be conducted, a transient merchant license is also required. See Section 987-101.

Licensing Process

  • The applicant must obtain written permission from the owner or lessee of the location.
  • The applicant must bring this written permission to the Department of Business and Neighborhood Services, located at 1200 Madison Ave., and meet with a Project Development Analyst (PDA)
  • The PDA will supply the applicant with a Zoning Review Form. That form will show either denial of the application or approval along with the conditions that must be met for the zoning classification of the location. The PDA will also determine if an Improvement location Permit (ILP) is required. The fee for the ILP is $202.00. Temporary Seasonal Retail Sales will always require an ILP. A scaled site plan showing the property boundaries, location of any structures on the lot and the location of the transient merchant activity/temporary seasonal retail sales is always required for an ILP.
  • If required to obtain a Transient Merchant License, the applicant must then present the Zoning Review form, ILP (if required), and the written permission, along with valid identification to the Department of Business and Neighborhood Services, located at 1200 Madison Ave. There is a $120.00 fee for the license. The license holder must have the license with them while on the location they are operating. The license holder should also have the Zoning Review Form and ILP (if required) as well.

The license is good for a period of one year, and only for the location listed on the license.

Definitions

Outdoor Display: An outdoor area where merchandise is displayed for sale, and which is freely accessible to the public except that automobile retail sales areas shall be considered outdoor display areas whether freely accessible or not. Outdoor display may be the principal use of a lot or may be accessory to a commercial use (as allowed by the zoning district) when the sales transactions occur within a structure.

Outdoor Sales Location: 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.

Temporary Seasonal Retail Sales: A temporary use established for a fixed period of time, for the retail sale of seasonal products, including, but not limited to, such items as food, Christmas trees, and live plants. This use may or may not involve the construction or alteration of any permanent building or structure.

Transient Merchant Activity: The sale of Goods from an outdoor sales location.