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717.01 LICENSE REQUIRED.
No person shall sell or offer for sale, hawk, peddle or vend any goods, merchandise or produce of any kind upon the streets and highways or public places or to the business places or residences of the City, unless he or she first obtains a license therefor from the Police Department after paying a fee as provided in Section 705.01. (Ord. 1987-139. Passed 12-7-87.)
717.03 ISSUANCE OF LICENSE; REQUIREMENTS.
The Chief of Police, as the executive head of the Police Department, is hereby authorized to issue a license to sell, hawk, peddle or vend to such applicants as are found by him or her to be of good reputation and character, as to both the applicant himself or herself and the goods, produce or services proposed to be sold. The Police Department shall fingerprint every applicant and shall investigate the reputation of the applicant, his or her prior vending activity, the goods, produce or service which he or she proposes to sell, and such other matters as, in the opinion of the Chief, may be deemed necessary for the protection of the peace, health, safety and welfare of the vendees of the City. If the Chief finds that the product, type of service or method of selling or distribution has a reasonable probability of being hazardous, dangerous or a nuisance to the vendees of the City or may be detrimental to the peace, safety, health or welfare of the vendees of the City, or if the applicant's reputation or previous record causes the Chief to believe, as a reasonable probability, that the issuance of a license will be detrimental to the vendees of the City, the Chief shall refuse to issue a license and shall give a prompt, written notice of refusal, together with his or her reasons therefor. Such decision shall become a final order seventy calendar days thereafter unless the applicant makes a written request to meet with the Chief to review the application. Upon receipt of such request, the Chief shall promptly meet with the applicant and administratively consider any evidence presented. The Chief may amend, modify or confirm his or her earlier order which shall then be final.
Upon review, if the Chief determines that the applicant is entitled to a license to sell, hawk, peddle or vend the item of goods, merchandise or service for which application is made, the Chief shall promptly issue a license to such applicant. Such license shall be effective for at least one month, but not more than one year, unless the Chief finds special circumstances requiring the permit to be more limited.
(Ord. 1987-139. Passed 12-7-87.)
717.04 LIMITATIONS ON SOLICITING.
(a) No person shall sell or offer for sale, hawk, peddle or vend any goods, service, merchandise or produce of any kind in the City except between the hours of 9:00 a.m. and 9:00 p.m., Monday through and including Thursday, 9:00 a.m. through and including 5:00 p.m. on Friday and 10:00 a.m. to 4:00 p.m. on Saturday and Sunday at any residence, and at any time at a business when such business is open.
(b) Where any residence or business property is posted with a notice which states "NO SOLICITORS INVITED," in English and in letters at least two inches in height, on or within twelve inches of the front door of a residence, a solicitor, with a valid license or not, shall immediately and peaceably depart from the premises.
(c) A solicitor, whether invited or not, shall immediately and peaceably depart from the premises when requested to do so by any occupant of a residence.
(d) A solicitor shall approach any premises only from the door located at the front of the premises. Every solicitor, upon going onto any premises in the City, shall examine and look for a notice, if any is posted, and be governed by the statement contained in such notice.
(e) No solicitor, without a valid license first having been issued pursuant to this chapter, shall vend, sell, hawk or peddle, or attempt to vend, sell, hawk or peddle, at any residence. (Ord.1987-139. Passed 12-7-87.)
717.05 EXEMPTIONS.
Any person who solicits for an organization which is not for profit, which has a charitable purpose or which is a nonprofit educational institution or public school shall register his or her identity with the Chief of Police and, upon request of the Chief, submit a letter or other information to verify that the applicant is, in fact, acting as the agent or employee of the organization. The Chief shall promptly issue a license without cost, unless he or she has probable cause to believe that the application is fraudulent or untruthful.
(Ord. 1987-139. Passed 12-7-87.)
717.06 APPEALS.
Any person refused a license pursuant to this chapter by the Chief of Police shall have the right to appeal to Council within ten days of the refusal. Council shall conduct a hearing on the appeal within thirty days, unless the time is extended by Council for an additional fifteen days for good cause, and Council may, if it finds unreasonable hardship or that a license ought to be issued for any just cause, grant a variance and/or direct that a license be issued on such condition as Council may provide. Any person aggrieved by the decision of Council shall be permitted to appeal to a court under Ohio R.C. Chapter 2506. (Ord. 1987-139. Passed 12-7-87. )
717.99 PENALTY.
(EDITOR'S NOTE: See Section 101.99 for general Code penalty if no specific penalty is provided.)