A Ball State student selling "Police Yourself" T-shirts and trucker hats could face a fine or citation if she doesn't get a permit, Muncie officials said.
The student may also be required to post a surety bond of $1,000 to continue selling on public property, according to a new ordinance put together by City Council and city attorney Charles Clark.
Barb Hargis of the Muncie Building Commission said junior Emily Radecki, who has been selling the T-shirts and hats in opposition of the university's "Police Yourself" campaign and who plans to sell the merchandise Friday night in the Village, must obtain a transient merchant's license through the city controller's office.
"You'd actually have to be on private property to do that," Hargis said. "You just can't stand on the street corner."
According to Ordinance #18-02, no one may "engage in, do, or transact any business in the sale of goods, wares, farm produce, or merchandise ... without having first obtained a license."
If a person chooses to file an application for a transient merchant's license, he or she must also pay the city controller a fee of $50 for each day he or she intends to do business, the ordinance said.
The ordinance said the vendor must also post a surety bond of at least $1,000 or two times the value of the goods being sold.
"This is just stupid," said John Parker of First Merchants Insurance Services in Muncie. "They are doing this to guarantee a product in the fact that it's sold to a consumer, just in case the consumer (doesn't want it) and comes back and sues the city because he can't find the vendor."
The bond is a form of insurance as opposed to a form of surety, Parker said.
Radecki said she does not have a vendor's license but has been looking into how she could get one. After hearing about the ordinance, she said she felt it was outrageous.
"I'm a student at Ball State just trying to make a small profit off this," Radecki said. "I'll be lucky if I make $1,000 off the shirts. I haven't even reached the $500 mark. It's ridiculous."
Hargis said if Radecki does not get a bonded permit, she could be fined and eventually taken to court.
Connie Lipscomb of the city controller's office said police could also be sent out to shut her down and cite her for violating the ordinance.
"Possibly, the first time (the seller) would be warned depending on where they're at, what they're doing and how the officer feels," Lipscomb said. "If it's the first time, they'll probably be notified, shut down and told what they need to do."
Muncie Police Chief Joe Winkle said while he has no problem with Radecki's sales, the city generally doesn't allow vendors to sell items on the street and at major intersections without a permit.
"It's certainly something we could address, and how you would address it is to make her move," Winkle said. "There are some city codes, so she would need to call and see what she needs to do."
University Police Chief Gene Burton said he also doesn't have a problem with Radecki's project because he sees it as her way of self-expression.
"If she's just doing that hand-to-hand or students are just soliciting her, it's not really that much of an issue," Burton said.
However, he said if a person or group wants to sell things on campus or set up a booth or space, they do need to go through the Office of Student Life to make sure they have the proper authority to do it.
Brenda Smith, administrative coordinator of the office, said students must be sponsored by a student organization and have a vendor's license from Muncie in order to sell items on campus. Sometimes students can be sponsored by the University Program Board where part of their proceeds go to the board, Smith said.
Dean of Students Randy Hyman said he hasn't had a case like this before, so the issue hasn't been raised yet.
"I think it's important for students to clarify what are the legal parameters for the initiatives they choose to take, whether it's selling shirts and hats or whatever form of advertisement," Hyman said.
Douglas McConkey, vice president for student affairs, said he doesn't have a problem with Radecki's sales. "I was going to buy one the other day myself, but I got busy," McConkey said. He said the Office of Student Affairs, however, would have to look at the Student Code and look into the matter.
Radecki, who plans to use the sales revenue for a summer internship in New York, said she is willing to abide by the law, but she still wants to continue to bring students together to stand up for what they believe in.
"No solution has been found yet, so until a compromise is made between students, administration, university police and Muncie police, then I think it's worthwhile to continue selling them," Radecki said.
She said she understands the vendor's license and surety bond requirements are part of the city's regulations, but that doesn't mean she's in favor of it.
"I think they need to find a better way to allow young entrepreneurs like me to want to pursue their dreams," Radecki said. "There has to be an easier way, and that's obviously not it."222i+â-¦"+â-¦T...Q--}'+â-ñ <+â-«+â-¦--+â-+*™O+â-¿+â-ª)...+â-»h+â-Å}.™+â-ÑJ
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