(1) It is the responsibility of the licensee to make sure that the approval of the town for each specific location to be used in the business is clearly listed on any license issued.
(2) It shall be unlawful for any licensee to operate in a congested area where such operation may impede or inconvenience the public use of any street, alley, sidewalk or right-of-way. For the purpose of this section, the judgment of a police officer, fireman, or the town clerk-treasurer, exercised in good faith, is conclusive as to whether the area is congested and the public impeded or inconvenienced.
(3) The licensee and his agents and employees shall be required to obey the commands of law enforcement officers and firemen with respect to activity carried out on the sidewalks or public area, including the removal of the structure or cart and cessation of retail sales. No temporary structure or cart may be permanently or temporarily affixed to any fixed object, including but not limited to buildings, trees, signs, telephone poles, streetlight poles, traffic signal poles or fire hydrants.
(4) Efforts shall be made by the licensee to protect sidewalks and public areas against littering. Each licensee must have an adequate trash receptacle which is emptied sufficiently often to allow disposal of litter and waste by the public at any time. The licensee’s trash receptacle shall not be emptied into trash receptacles owned by the town.
(5) Retail sales may not be made to any person in or on any motorized vehicle.
(6) No sales facility may be located or make retail sales in that part of a right-of-way utilized for motor vehicle traffic (commonly referred to as a street), a street median strip or an alleyway.
(7) A license issued pursuant to this chapter shall not be transferable to another licensee. A license may be transferred to another location with the permission of the town clerk and payment of a transfer fee of fifty dollars.
(8) Any building or stand erected in the town will meet all local fire, electrical and building codes.
(9) Any request for a permit to sell fireworks shall first be approved by the fire chief in writing before the permit is issued. No permit will be issued to sell fireworks in the town during the month of May.
(10) Any temporary structure, as defined in Section 5.04.030 of this code, located in the town but outside the Indianapolis Motor Speedway must be removed within five days following the completion of the event for which the license was issued.
(11) Any temporary structure erected in the town and not removed within twenty days following the completion of the event for which the license was issued may be removed by the town at licensee’s expense following ten days’ advance written notice by the town to the licensee. Failure by the town to remove the temporary structure shall not constitute a waiver of the town’s right to collect a daily fine for each temporary structure not removed after the five-day grace period. (Ord. 931 § 1, 2000; Ord. 786 § 9, 1991).