Nothing in this chapter shall apply to sales made to dealers by commercial travelers or selling agents in the usual course of business nor to bona fide sales of goods, wares and merchandise by sample for future delivery or to persons selling agricultural products or articles of their own manufacture or production, nor shall anything herein apply to sales pursuant to any court order except as hereinafter mentioned.
Any person who shall begin the occupancy of any room, building or structure or part thereof or any other place, for the purpose of selling goods, wares or merchandise shall prima facie be presumed to be an itinerant vendor or transient merchant, but such presumption may be overcome by evidence satisfactory to the Mayor that such person is not an itinerant vendor or transient merchant and in such case, such person shall not be required to procure a license or pay a license fee.
The provisions of this chapter shall not apply to any goods, wares or merchandise shipped into the State of Ohio, from another state provided such goods, wares and merchandise are sold or offered for sale in the original packages in which same were shipped.
Also, the provisions of this chapter shall not apply to persons engaging in, conducting or participating in garage sales, porch sales, yard sales or the like, wherein at least one of the participants therein is a resident of the premises upon which such sale is conducted and the materials being offered for sale are the personal property of the participants, and provided that such sale does not deviate from the requirements set forth in Chapter 755.
Furthermore, the provisions of this chapter shall not apply to the activity commonly known as a "flea market" which for the purposes of this section, shall be defined as ten or more parties assembled in one location for the purpose of selling goods, wares and merchandise, nor shall the provisions of this chapter apply to the activity commonly known as a "flea market", regardless of the number of parties, if such activity is being conducted by charitable organizations, schools, clubs, nonprofit organizations or religious or other similar groups.
(Ord. 20-14. Passed 4-1-14.)