765.01 Definitions.
765.02 License required.
765.03 Unauthorized sales from public and private property.
765.04 Application for license.
765.05 Issuance of license; exceptions; revocations.
765.06 Display of license; return.
765.07 Restrictions.
765.08 Do-not-knock registry.
765.09 Mobile vending; permit.
765.99 Penalty.
CROSS REFERENCES
Power to regulate - see Ohio R.C. 715.61 et seq.
Home solicitation sales - see Ohio R.C. 1345.21 et seq.
Charitable solicitations - see Ohio R.C. Ch. 1716
Trespassing - see GEN. OFF. 541.05
Littering - see GEN. OFF. 521.08
Door to door sales activity of minors restricted - see Ohio R.C. 4109.21
As used in this chapter:
(a) "Canvassing" means traveling from residence to residence within the City, without having a previous appointment to visit the residence or residences visited for the purpose of disseminating any lawful message either without soliciting funds or donations or in conjunction with soliciting funds or donations.
(b) "Charitable" means patriotic, philanthropic, social service, welfare, benevolent, educational, civic, fraternal, veteran's medical and social research, either actual or purported.
(c) "Peddling" means either of the following:
(1) Traveling from either residence to residence or door to door within the City, without having a previous appointment, for the purpose of obtaining or attempting to obtain funds or exposing or offering for inspection or sale, goods, wares, merchandise, foodstuffs or any other property, tangible or intangible, of any nature whatsoever, or services, or for the purpose of taking or attempting to take orders for the purchase of goods, wares, merchandise, foodstuffs or other property, tangible or intangible, of any nature whatsoever, for future delivery, or of services to be furnished or performed in the future whether directly for the resident or on an indirect or "group" basis; or
(2) Means any person who sells, barters, offers for sale, or exposes for sale at retail or wholesale, any goods, wares, merchandise, chattels, vegetables, fruits, foodstuff of any description, any substance for human consumption, or any commodity or other article and/or taking or soliciting orders for the sale of goods, wares, merchandise or personal property of any nature for future delivery, or for services to be performed in the future upon the public streets or alleys, sidewalks, or in the entrances to buildings or other premises, or upon vacant lots or other tracts of land, or from place to place within the corporate limits of the City.
(d) "Political" shall not include the word "charitable", but shall be given its commonly accepted definition.
(e) "Religious" or "religion" shall not include the word "charitable", but shall be given their commonly accepted definitions.
(f) "Soliciting" means traveling from residence to residence within the City, without having a previous appointment to visit the residence or residences visited for the sole purpose of obtaining or attempting to obtain funds or other things of value.
(Ord. 59-18. Passed 9-17-18.)
(a) No person shall solicit or peddle within the City without first obtaining a license from the Safety Director or authorized representative. A separate license must be obtained for every solicitor, agent or employee soliciting or peddling within the City.
(b) While a license is not required for canvassing for political, charitable or religious groups, canvassers are encouraged to register their activities with the City and notify the Police Department the times and dates during which they will be engaging in canvassing activities.
(Ord. 59-18. Passed 9-17-18.)
No person shall sell, barter, or offer or expose for sale, or barter, any goods, wares, merchandise or services, upon any public or private property in the City, without first obtaining permission of the landowner or other person authorized to give such permission.
(Ord. 59-18. Passed 9-17-18.)
(a) Each person, whether principal or agent, who proposes to conduct or engage in the sale of goods, wares, merchandise, property, tangible or intangible, of any nature whatsoever, and services, from a temporary place of business, within the City, shall, before opening same and before offering sale of such goods, wares, merchandise, property and/or services procure a license to do so from the Director of Public Safety and Service, which application shall be made not less than ten days prior to the time such activity is to take place.
(b) The applicant for a temporary business license shall furnish the Director with the following information on forms provided by the City:
(1) Full name of the applicant.
(2) Date of birth of the applicant.
(3) Local address, if any.
(4) Permanent home address.
(5) A physical description of the applicant, setting forth age, height, weight, color of hair and eyes, and sex.
(6) Social security number, if any.
(7) A description of the nature of the business and the location and the goods, wares, merchandise, property and/or services to be sold. Written consent of the owner of the premises or other duly authorized person shall be provided.
(8) Telephone number of the applicant.
(9) Number of employees.
(10) Dates and hours of operation.
(11) Whether the applicant has ever been convicted of a crime and, if so, where and the nature of the offense and the punishment or penalty imposed therefor.
(12) Such other information as the Director may require.
(c) A nonrefundable fee of one hundred dollars ($100.00) shall be submitted with the application.
(d) The applicant shall further register with the income tax office providing the income tax office his name, address, person or persons to whom correspondence may be directed and such other information as the income tax administrator may require.
(e) No license shall be valid for a period not to exceed thirty days from the date of issuance unless earlier revoked. Licenses may be renewed for $50.00 for one additional thirty day period. Any subsequent renewals will require the issuance of a new license. No license issued hereunder shall be assigned or transferred to another person.
(f) The Director shall issue a license to the applicant unless he has determined:
(1) That the applicant has made a false, misleading or deceptive statement in providing the information required under subsection (b) hereof; or
(2) That the applicant has been convicted of a felony or of a misdemeanor involving moral turpitude during the five years preceding the date of application; or
(3) That the proposed location of the temporary business would constitute a hazard to the public health, safety and welfare; or that the applicant has not registered with the income tax office as provided in subsection (d) hereof.
(Ord. 59-18. Passed 9-17-18.)
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