Sec. 5.5. (a) Notwithstanding section 5 of this chapter, a county legislative body (as defined in IC 36-1-2-9) may annually:

(1) set the amount of the bond required under section 5 of this chapter in any amount that is not greater than the amount required in section 5 of this chapter; or

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Terms Used In Indiana Code 25-37-1-5.5

  • Transient merchant: when used in this chapter, includes all persons, firms, limited liability companies, and corporations, both as principals and agents, who engage in, do, or transact any temporary or transient business in this state, either in one (1) locality or in traveling from place to place in this state, offering for sale or selling goods, wares, or merchandise, and those who, for the purpose of carrying on such business, hire, lease, or occupy any permanent or mobile building, structure, or real estate for the exhibition by means of samples, catalogues, photographs, and price lists or sale of such goods, wares, or merchandise. See Indiana Code 25-37-1-2
(2) waive the bond required under section 5 of this chapter.

     (b) A county legislative body that reduces or waives the bond under subsection (a) must inform the auditor of the county of the following:

(1) Whether a bond is required to be filed with an application with the auditor for a transient merchant license.

(2) The amount of the bond if a bond is required.

     (c) An applicant filing for a transient merchant license must do the following:

(1) If filing for a transient merchant license with a county auditor who has been informed of a reduced bond under subsection (b), the applicant must file:

(A) an application; and

(B) the bond;

with the county auditor.

(2) If filing for a transient merchant license with a county auditor who has been informed that a bond has been waived under subsection (b), the applicant must file only an application.

     (d) A bond required under subsection (a)(1), although not in the amount required under section 5 of this chapter, will for all other purposes be treated like a bond issued under section 5 of this chapter.

As added by P.L.221-1993, SEC.2.