License Application for - Open-Air for Donation Boxes and Containers

South Bend Municipal Code: Section 4-38

Definition:

An open air business includes any person who erects, places or stands in the City an open-air booth, shed, tent, trailer, container, donation box or stand for the purpose of selling, bartering, receiving for future sale or use, distributing or exchanging on or from such place any goods, wares or merchandise, which terms shall include also all fruits, vegetables, country produce, refreshments, beverages, baked goods, and confectionery.

General Instructions and Application Process:

1. Assemble all required information and materials before filing application.
2. Thoroughly review all applicable Municipal Code Sections listed above.
3. Licenses expire January 31.
4. Add 10% to license fee for renewal after January 31.
5. Include $5.00 license application fee payable to City of South Bend. You may pay in person at City Hall or call the Business Licensing Manager at 574-235-5912 to pay over the phone.
6. License fee for donation boxes payable to City of South Bend due at issuance shall be $25.00 per box per year.
7. License fee for any other open-air business conducted on private property shall be $45.00 per location per year.
8. License fee for any other open-air business conducted on public property shall be $40.00 per location per year.

NOTE:
No license shall be issued by the Controller under this section until the zoning, ingress and egress of the location(s) have been approved by the appropriate City Department(s).

Required Information and Materials for Containers and Donation Boxes:

1. Zoning and Site Plan drawing of proposed location, include the distance the box will be setback from the property line.
2. Description of container or donation box.
3. Description of operation including dates and types of goods being received.
4. Written statement of permission from private property owner/lessee, if applicable.
5. Written approval by Board of Public Works for location on public property.
6. Name, address and telephone number of the individual who will be responsible for monitoring, emptying, and maintaining the box or container and responding to calls to clean the area around the box or container.

IMPORTANT NOTE FOR CONTAINERS AND DONATION BOXES:

1. The responsible individual identified in #6 must reside or conduct business within St. Joseph County, Indiana, or a county immediately adjacent to St. Joseph County, Indiana.
2. Any person seeking to place or maintain a donation box or container must clearly post on the outside of the container the name, address and telephone number of the organization receiving donations and be clearly labeled whether it’s a not-for-profit or a for-profit entity.
3. The boxes must be emptied at least once every seven days and monitored by the individual representing the organization.
4. The individual responsible must respond to calls within 12 hours of call and remove items if donations overflow or lay within 10 feet of the box or container.
5. A decal issued by the City must be affixed to the front of the donation box or container.
   
   

Application Process:

1. Submit Application with $5.00 Processing Fee.
2. Review and report by Building Department, Code Enforcement, and Public Works, as applicable.
3. Controller Denies or Approves License.
4. License issued upon approval and payment of the license fee.
   
   

Questions?

For all municipal business license questions, contact:

Phone: 574.235.5912

Fax: 574.235.9021

Find the zoning of your location using the City of South Bend Zoning Map

I, hereby, certify and affirm that all the information I have given in this application is true and accurate to the best of my knowledge. I further certify that I have in no way attempted to mislead the City in this application by omitting facts known to me. I have read and understand the regulations of the Open-Air Business license found in the City of South Bend Municipal Code, Section 4-38.