The issue with the Farmer's Market is the fault of the people creating the Farmer's Market and no one else's. No one can stop it even if they wanted to because as soon as they follow all the laws and codes, get the proper permits and insurance in place that is all that needs to be done.
It is a lie and very counterproductive for adults to blame someone else for their own inability to research an issue and then implement what they want to do.
As far as the Flea Market codes, the blame for that squarely lies on the owner of the Flea Market and whoever the Clerk Treasurer was at the time of the Flea Market opening for business. I have no idea when that was so I don't know if it was the Clerk under Joe Wright or the one under Terry Dilk.
Does that make sense to everyone? Business owners and the Politicians in this city seem to think that they can circumvent whatever law they want to just because they want to. The real world doesn't work that way and neither does Beech Grove.
Update on this post. Someone just emailed me a Code Of Ordinance from the Beech Grove Code of Ordinances. Also there is a link to BOW meeting. Very interesting audio.
It seems that someone didn't do their homework...
Can someone please tell me if an elected or appointed official for the City of Beech Grove can get heat if they choose to not enforce a law? I ask this because this seems to pertain to the Flea Market and Consignment Shops in Beech Grove that existed before the last election. Should someone with state government be looking at who was in charge then and why the people in charge now have to clean up the mess?
DEALERS IN SECOND HAND GOODS
It shall be unlawful for any person to engage in the business of buying, selling, or in any way dealing with used goods of any kind without first obtaining a second hand dealer's license therefor from the Clerk-Treasurer. However, this section shall not apply to retailers who primarily in the course of selling such unused goods occasionally receive used goods as partial consideration for the sale of the unused goods, and dispose of them by sale or otherwise.
(A) All applications for licenses required by this chapter shall be submitted on forms provided by the Clerk-Treasurer and applicants shall provide all information requested thereon.
(B) There shall be four classes of second hand dealers' licenses, as follows:
(1) Regular. A regular second hand dealer's license may be granted to any person who sells or intends to sell second hand goods from a fixed location for a period exceeding 15 consecutive days in a calendar year.
(2) Transient. A transient second hand dealer's license may be granted to any person who sells or intends to sell second hand goods from various locations for a period not exceeding seven days consecutively at any one specific location.
The license shall only be issued for, and valid at a location where, a person has been issued a "group" permit as defined herein, and the group permittee has sponsored the transient applicant.
(3) Group. A group second hand dealer's license may be granted to any person who sponsors a used goods show at any one location for a period not exceeding 15 consecutive days. The group permittee shall be required to set out the names and the addresses of each person the group applicant will allow to participate in the used goods show and the group applicant will be required to obtain a transient dealer's license for those persons that do not hold one. A transient license is required of each person other than the group licensee who participates in the used goods show.
(4) Antique. An "antique dealer" designation may be given any of the above three classes of second hand dealers' licenses upon the request of the applicant, who satisfactorily shows that he predominately deals in what is commonly known as antiques or works of art; and the Clerk-Treasurer, in his or her discretion, may make the special designation on payment of an additional fee (to that required for such second hand dealer's license) of $25.
(C) Any person may apply for and hold more than one class of second hand dealer's license at a time. However, the issuance of one class of license shall not entitle an applicant to another class of license.
The annual fee for a license required by this chapter shall be $15 for each place of business of the licensee.
It shall be unlawful for any licensee under this chapter to receive any article in the course of his business from any person who is in an intoxicated condition, a minor, or who is known or suspected to have acquired and be disposing of such articles unlawfully.
(A) Every licensee under this chapter shall keep a record book in which shall be legibly written in ink in the English language at the time of receiving any goods the following: An accurate description of the article received; the amount of money paid for it; the exact time of the transaction; and the name, residence address, telephone number, age, color, height, weight, complexion, style of beard or mustache, if any; any visible distinguishing marks, style of dress, and number of any license badge of the person delivering the goods to the licensee.
(B) The record book required to be kept by division (A) shall be open to inspection at all reasonable times by the police or the Mayor or his designee.
(C) In addition to the record book required by this section, all licensees under this chapter shall fill out one of the cards prescribed by division (D) for each article received. The licensee shall fill out the front of each card in its entirety and the description of the customer on the back. The customer shall write in his own handwriting his name and address on the back of the card and place his right thumbprint in the space provided. If the right thumbprint is missing, any of the customer's fingerprints may be used. The thumbprint shall be made in the manner approved by the police and shall not be blurred or obliterated.
(D) The cards required by division (C) which are to be filled out shall be in the following form:
"REPORT OF SECOND HAND PROPERTY RECEIVED"
"Article Serial No.
Color, Style, Design
Marks and Further Description
Dealer's License No.
Date Reported , 19 "
(E) The back side of the card prescribed by division (D) shall be in the following form:
Description of Customer - to be filled out
Sex Age Height ft.
in. Weight lbs.
Race or Nationality
Right Thumbprint ."
(F) Before the hour of 12:00 noon of each Friday, each licensee under this chapter shall deliver all of the cards filled out in the previous business week, pursuant to the requirements of this section, to the Chief of Police.
All property received by a licensee under this chapter shall be held intact by the licensee for at least 15 days after the article is purchased. Whenever any licensee receives written notice, either from the Police Department or from an individual, that someone is maintaining a claim of right to possession of the property adverse to the licensee, the licensee shall keep the property in his possession or turn it over to the police if so required by the Chief of Police. Once notice of an adverse claim to property has been given under this section, the property shall be held for a period of 30 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 30 days, the property shall be returned to the licensee by the police if held by them, and the licensee may dispose of the property as he sees fit.
Go visit the Clerk for the City of Beech Grove and find out which parts of these minutes are true and which ones aren't...
BOARD OF PUBLIC WORKS AND SAFETY MEETING MINUTES
MONDAY, JUNE 3rd, 2013
Mayor Dennis Buckley called the meeting to order at 6:00pm.
ROLL CALL: Board of Works Members Ed Bell, Sandra Seward and Mayor Dennis Buckley
present. Also in attendance, were Clerk Treasurer Dan McMillan and City Attorney Craig
MEETING MINUTES: The meeting minutes from the May 20th, 2013 were presented to the
Board. Sandra stated that the question she had at the last meeting regarding grass cutting was
actually from the mid-month April meeting, so she stands corrected. Ed Bell moved to accept the
minutes as presented. Sandra Seward seconded the motion; which was approved by unanimous
APPROVAL OF CLAIMS: Mayor Buckley gave a brief description of these claims.
Corporate Claims - claims that require Board approval before payment is
Claims in the amount of $717,729.00 were presented to the Board for approval.
Sandra presented the following questions on claims:
Sandra questioned a claim for travel expenses for police. Chief Swartz explained this was travel
expenses for 4 police officers to go to Washington DC.
Sandra also questioned a claim for Deem. Tom explained it was for repairs to the cooling unit at
the Community Center.
Sandra also questioned a claim for Fitzgerald & Fitzgerald
Sandra moved to accept the claims as presented. Ed seconded the motion; which was approved
by unanimous voice vote.
OLD BUSINESS: None
Tom Hannon, Parks Director – presented to the Board, a “Letter of Request to Hire” college
student; Christopher Mauzy, to mow and complete other tasks in the Parks Department. If
approved his pay will be $10.00 per hour and he will work approximately 24 hours per week. It
is funded in the budget
Sandra asked how many college students the Parks Department usually hires for summer help.
Tom explained that he hasn’t hired any college students in recent years. He currently has one
college student that has been working in the summer for several years, but he will be taking his
CPA, so Tom thinks this will end soon. In the past, he also has used school teacher, Randy
Males, but because of the new school schedule Randy will be less available this year. The Parks
Department is also going to have someone working in the Parks, on the weekends, this summer,
in an effort to deter problems from arising.
Emporium and Beautify Beech Grove Committee- presented a letter requesting permission to
host a Farmers Market in the Emporium parking lot. Sandra asked if the market will be opened
on Saturday’s or Tuesdays. Julie Lockwood, secretary for Mayor Buckley, stated that the market
would be on Tuesday’s from 4:00pm to 7:00pm. Julie also stated that the committee has all the
necessary documentation to proceed forward, including approval from the MCHD, and approval
from the property owner. Julie further stated that this will be an actual farmer’s market. They
will not try to compete with the Emporium with flea market items. Marion County Health
Department has already been out to examine the restrooms and hand washing facilities at the
Emporium, since the farmer’s market will be using those. The Emporium will also provide trash
disposal for the event. Clerk McMillan questioned if the committee is a 501c3 Corporation. Julie
said that they are. Clerk McMillan also stated the City of Beech Grove will need to be named as
additional insured because of the past affiliation the committee has with the city. Julie expressed
her disagreement and opposition to the ideal that the committee would need to carry insurance.
The Clerk stated that because of the ties the Beautify Beech Grove Committee has had with the
City in the past, he does believe the committee needs an insurance policy listing the city as
additional insured. The Clerk stated that his job is to protect the city. Julie and Robin presented
other scenarios to the Board in an effort to proceed forward with the farmer’s market. Julie asked
City Attorney Craig Wiley for his opinion. Craig agreed with the Clerk. Discussion continued
with the Board, Robin and Julie. Mayor Buckley recommended tabling this until the next
meeting on June 17, 2013.
Sandra commented about the carnival that was held at the Emporium and a letter that she had
received from a concerned citizen. She stated that the as a Board, she and Ed approved this with
the understanding that the Emporium would make sure all the paperwork and permits were in
turned into the city. She also commented that the concerned citizen stated that it is the Board’s
responsibility to make sure all this is turned in. Sandra stated that she, herself, is not an expert on
Indian State Law; which is why they have Craig. She also questioned if the City received all the
paperwork, permits, insurance, and everything needed before the carnival opened. Clerk
McMillan stated that the city did not. Sandra asked why the City allowed it to move forward.
The Clerk asked who was going to shut it down. Clerk McMillan stated that he went to the
carnival at 2:30pm opening day and asked the gentleman where the permits were. He explained
to the gentleman that this was all approved by the Board with the understanding and agreement
that all the necessary paperwork and insurance would be on file before the carnival began. The
Clerk had already called the Marion County Board of Health and Homeland Security, so he did
know that the gentleman had applied for them. The Clerk also spoke with Chief Swartz to find
out if the background check had been completed. Chief Swartz had already been over to the
carnival and spoke to the gentleman. The Chief did state that Jessop had been shut down briefly
last year for lack of permits. The Clerk also spoke to the Fire Chief who was completing
inspections. The Clerk stated that it is not the Fire Department’s responsibility to inspect rides,
but they did go over and inspect the carnival. The morning after the carnival opened the
gentleman from Jessop did present to the City the necessary permits and paperwork. Sandra
asked what learning opportunities the Board can take from this. Clerk McMillan, stated that
going forward, all permits and necessary paperwork should be in order and on file before
approving these events. Ed asked who would close these events down if need be. The Mayor
stated that if it is ride related it would be Homeland Security. Mayor Buckley also commented
that it is more relevant for MCHD to inspect concessions while they are operating. He stated that
Homeland Security does annual ride inspections in the spring and then random inspections
throughout the year. Robin apologized for the short notice on the event. Next year she will be
sure to give the Board ample notice.
COMMENTS FROM MEMBERS: None
Ed moved to adjourn the meeting. Sandra seconded the motion. The meeting was adjourned at
6:51pm. The next meeting will be Monday, June 17, 2013 following the 6:00pm Board of
Dennis Buckley, Mayor Dan McMillan, Clerk Treasurer
Prepared by: Dan McMillan