Sunday, October 05, 2014

Harvest Homecoming is many things, but an ordinance is not one of them.

There are only two mentions of "Harvest Homecoming" in this city's Code of Ordinances.

The first one identifies a parking lot.

§ 72.31  LEASED PARKING LOTS ESTABLISHED IN DOWNTOWN BUSINESS DISTRICT.
   Within the Business District of downtown New Albany there are currently three parking lots with spaces to be leased. The locations of the lots are as follows:
   (A)   Caboose Lot, located at the corner of West Market Street and West 1st Street;
   (B)   Farmers Market Lot, located at the corner of East Market Street and Bank Street; and
   (C)   Harvest Homecoming Lot, located in the 400 block of Pearl Street.
(Ord. A-04-53, passed 9-10-2004)

The second exempts the festival's vendors from registering with the city ... so long as they register (and pay) Harvest Homecoming.

§ 117.36  REGISTRATION REQUIRED; EXEMPTIONS.
   (A)   It shall be unlawful for any direct seller to engage in direct sales within the city without being registered for that purpose as provided herein.
   (B)   The following shall be exempt from all provisions of this subchapter:
      (1)   Any person delivering newspapers, fuel, dairy products or bakery goods to regular customers on established routes;
      (2)   Any person selling goods at wholesale to dealers in such goods;
      (3)   Any person selling agricultural products which the person has grown;
      (4)   Any permanent merchant or employee thereof who takes orders away from the established place of business for goods regularly offered for sale by the merchant within the city and who delivers such goods in his or her regular course of business;
      (5)   Any person who has an established place of business where the goods being sold are offered for sale on a regular basis, and in which the buyer has initiated contact with, and specifically requested a home visit by, that person;
      (6)   Any person who has had, or one who represents a company which has had, a prior business transaction, such as a prior sale or credit arrangement, with the prospective customer;
      (7)   Any person selling or offering for sale a service unconnected with the sale or offering for sale of goods;
      (8)   Any person holding a sale required by statute or by order of any court and any person conducting a bona fide auction sale pursuant to law;
      (9)   Any employee, officer or agent of a charitable organization which has secured a permit as provided for in §117.01 of this chapter;
      (10)   Harvest Homecoming booths and concessions provided the operators of the booths and concessions have prior approval of the Harvest Homecoming Committee.
(Ord. G-81-902, passed 8-3-1981)  Penalty, see § 117.99

In other words, Harvest Homecoming's format is not carved on a stone at Hauss Square.

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