CHAPTER 731
Canvassing, Soliciting or Peddling for Residential Sales of Tangible or Intangible Property and for Charitable Purposes
731.01   Definitions.
731.02   Certificate of registration required; tax form.
731.03   Application for certificate of registration.
731.04   Issuance of certificate; duration.
731.05   Display of registration certificate; return.
731.06   Hours.
731.07   Noise restrictions.
731.08   Trespassing in violation of posted signs or registration.
731.09   Revocation of certificate.
731.99   Penalty.
 
CROSS REFERENCES
Power to inspect food products - see Ohio R.C. 715.46
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
Frozen desserts - see Ohio R.C. 3717.51 et seq.
Littering - see Ohio R.C. 3767.20
Sunday sale prohibitions - see Ohio R.C. 3773.24
Sales of goods and services within right of way of Interstate and other State highways - see Ohio R.C. 5515.07
Trespassing - see GEN. OFF. 541.05
 
731.01 DEFINITIONS.
   As used in this chapter certain terms are defined as follows:
(a)    "Canvassing", "soliciting" or peddling", unless expressly provided for otherwise, 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 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 an indirect or "group" basis. "Canvassing", "soliciting" or "peddling" also means the soliciting of funds or other property for charitable or other purposes anywhere within the City.
(b)    Notwithstanding the foregoing, the following are exempt from the provisions of this chapter and not included in the above definition:
(1)    Where the salesperson is a newspaper carrier of customers for a newspaper which he regularly delivers or will regularly deliver.
(2)    Where the sales person is an agent for a local organization which would meet the qualifications for tax exemption as a religious, charitable or benevolent institution under the current federal Internal Revenue Service law or rules or any amendments thereto in the future. "Local" means having its principal place of business in the Bellevue School District.
(c)    "Canvasser", "solicitor" or "peddler" means any person who engages in canvassing, soliciting or peddling.
      (Ord. 15-96. Passed 5-28-96.)
731.02 CERTIFICATE OF REGISTRATION REQUIRED; TAX FORM.
   (a)    No person shall engage in any for-profit or nonprofit canvassing, solicitation, or peddling without first being registered, and during all times while engaged in said activities holding a current, valid, non-revoked registration, under the provisions of this chapter.
   (b)    Each applicant for a certificate of registration shall, not less than five nor more than fifteen days prior to the commencement of canvassing, solicitation or peddling, furnish the Director of Public Safety with the following information on forms provided by the City.
(1)    Name, age and physical description of applicant;
(2)    Complete permanent and local address of applicant along with the social security number or the tax identification number of his/her employer;
(3)    Name and address of the person, firm, corporation or association for whom the canvassing, soliciting or peddling is presently being made and any other person, firm, corporation or association for whom the applicant has solicited during the past three years;
(4)    A general description of the nature of the business and the goods, services or wares to be sold, or otherwise sufficient to identify the subject matter of the canvassing, soliciting or peddling in which the applicant shall engage;
(5)    The names of all other municipalities in which the applicant has conducted canvassing, soliciting or peddling activities during the past twelve months;
(6)    Whether the applicant has complied with the requirements of Ohio R.C. Chapter 1716 pertaining to charitable solicitations if applicable;
(7)    Whether the applicant has ever had a permit revoked including the time and place of such revocation;
(8)    Whether the applicant has ever been convicted of a felony violation or a misdemeanor violation involving moral turpitude including the time, place, and other particulars of such conviction;
(9)    The proposed dates and times of the canvassing, solicitations or peddling;
(10)    The make, model, year, color and license plate number of automobiles used by the applicant during the period of canvassing, solicitation or peddling within the City, and the number of the applicant's driver's license and state of issuance.
(11)    Two photographs of the applicant of appropriate size (approximately two inches by two inches), one of which shall be attached at all times to the certificate and the other for the records of the Police Department; and
(12)    Submission to fingerprinting, if requested, for good cause shown by the Police Department for local police files and for the purpose of determining the criminal record, if any, of the applicant.
(13)    A City Income Tax Registration Form shall also be filled out and filed with the City Income Tax Department concurrently with any registration under this chapter, where deemed appropriate by the City Tax Department.
   (Ord. 15-96. Passed 5-28-96.)
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