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N Cal Attorney
N Cal Attorney, Attorney
Category: Legal
Satisfied Customers: 8086
Experience:  since 1983
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I go door to door for a major phone/data providing customer

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I go door to door for a major phone/data providing customer service and I also sign up new people. I was working a neighborhood in my city during solitation hours in an addittion that had a no solicitor sign when a guy told me he was an officer and his name. He said there isn't any soliciting in here. I replied I am doing customer service and also identified my company's name. I finished the last three houses when he approached me in the street and said he was an officer and his name again and that I couldn't come back that I was going door to door. I felt threatened and sadly I had saved 4 customers (his neighbors) 100 atleast. Do I have any rights? I feel he is wrong as he said I have to have names and addresses which my company says violates customer rights. What can I do if anything as I don't want it to happen again.
-citizen x
Submitted: 10 months ago.
Category: Legal
Expert:  N Cal Attorney replied 10 months ago.
May I ask in which town this happened?

Was this in a gated community?
Customer: replied 10 months ago.

Fort wayne, indiana


 


No it was not gated. I have to go back tomorrow to the same place because one of the neighbor's called me and I can save 2,400 off of their 3 services over the next 2 years. I just don't be harrassed.

Expert:  N Cal Attorney replied 10 months ago.
The Fort Wayne Code of Ordinances states:

TRANSIENT MERCHANT. All persons, both as principals and agents, who engage in, do, or transact, any temporary or transient business in this city, for a period of 120 calendar days or less, either in one locality or in traveling from place to place in this city, offering for sale or selling goods, wards or merchandise, except for the sale of alcoholic beverages during the time of a festival, and except for the operation of a carnival or carnival rides during the time of a festival, and including those who, for the purpose of carrying on such business, hire, lease or occupy any permanent or mobile building, structure, real estate, or any other place, for the exhibition by means of samples, catalogues, photographs, and price lists or sale of such goods, wares or merchandise, but does not include:
///
§ 117.02 PERMITS REQUIRED.
It shall be unlawful for any transient merchant to do or transact any business in the sale of goods, wares or merchandise of any and every kind, make and description, without first obtaining a permit therefor as herein provided. It shall further be unlawful for the owner and/or occupant of any real estate, permanent or mobile building, structure, or other place, to knowingly permit the use of structure real estate, permanent or mobile building, structure, or other place, by a transient merchant who does not have a permit as provided herein. In the case of a flea market or exhibition, only one permit need be obtained for the flea market or exhibition, and not for each transient merchant therein. In the case of a festival, only one permit need be obtained for the festival, and each transient merchant at said festival shall not be required to obtain a separate transient merchant permit if said transient merchant is officially licensed by the festival or otherwise recognized as an official vendor of the festival, and displays in a prominent area, a logo or other written proof that it has such official designation. Any transient merchant not thus officially designated as an official festival licensee or vendor shall be required to obtain a permit pursuant to the terms of this chapter.

§ 117.03 APPLICATION.
Each transient merchant desiring to engage in, do and transact business in the city shall file a verified application for a permit for that purpose with the City Controller; which application shall state the person's name, residence, and the location of the building, permanent or mobile building, structure, real estate, or other place in which that person expects to do business, and the make and character of the goods, wares and merchandise that person intends to sell.

§ 117.04 FEE; ISSUANCE; TERM.
(A) Each transient merchant, or operator of a flea market, exhibition or festival, except those engaged in selling any alcoholic beverages during the time of a festival, and except for those operating a carnival during the time of a festival, shall pay to the City Controller for a permit, the sum of $250, and on the filing of the application and the payment of the permit fee as herein provided, the City Controller shall issue a transient merchant permit to do business as such at the place described in the application for a period of not less than 120 days. Any application for a permit must be filed five business days prior to the first day of operation by the transient merchant.
(B) All persons who apply for a transient merchant/carnival permit or a transient merchant/alcohol permit shall pay to the City Controller for a permit a sum derived from the following rate schedule:
DAYS HOURS RATE
Sunday-Thursday Before 12:00 a.m. $500 per day
(1) If the permit holder intends to operate after 12:00 a.m. on any day Sunday through Thursday, the permit cost shall be an additional $300 for each hour of operation after 12:00 a.m.
DAYS HOURS RATE
Friday, Saturday Before 1:00 a.m. $1,000 per
& Holidays day
(2) If the permit holder intends to operate after 1:00 a.m. on any Friday, Saturday or holiday, the permit cost shall be an additional $500 for each hour of operation after 1:00 a.m.
(3) This payment is due at the time of filing of the transient merchant/alcohol permit and/or the transient merchant/carnival permit, and the permittee shall then be issued a transient merchant/alcohol permit to do business as such at the place described in the application. Any application for a permit must be filed 30 business days prior to the first day of operation by the transient merchant.
(C) A transient merchant desiring to sell alcoholic beverages and operate a carnival or carnival rides shall be required to obtain both a transient merchant/alcohol permit and a transient merchant/carnival permit.
(D) A transient merchant selling alcoholic beverages or operating a carnival or carnival rides shall be exempt from the requirement of purchasing a transient merchant/alcohol permit and/or a transient merchant/carnival permit if said merchant is in either of the following two categories:
(1) Listed as the sole sponsor or partner in the sponsorship of a festival, or as a vendor licensed by a festival sponsor.
(2) An organization that is exempt from the Indiana Gross Retail Tax under IC 6-2.5-5-26 and/or is a not-for-profit organization, and presents upon demand, written proof of such exemption and/or status as a not-for-profit organization.
(3) Any individual, company or organization which receives a caterer's permit or temporary beer and wine permit for any event which will function no more than two days in any calendar week.

I am sorry but the city does have a license requirement for door to door sales-people.

If you are not soliciting sales but are working with existing customers and were sent to make house calls to specified customers from your employer's office, the ordinance should not be applied to that situation.

You might want to print this answer and show the sections I quoted from the Ordinance to your employer.

I hope this information is helpful.
N Cal Attorney, Attorney
Category: Legal
Satisfied Customers: 8086
Experience: since 1983
N Cal Attorney and 5 other Legal Specialists are ready to help you
Expert:  N Cal Attorney replied 10 months ago.
Thank you for the positive rating!

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