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
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.)
(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.)
(a) Issuance of Certificate.
(1) Not more than five days after completion of the application form provided in Section 731.03, the Director of Public Safety, or his authorized representative shall issue a certificate of registration to each applicant upon payment of a fee of twenty-five dollars ($25.00), except that no fee shall be required for those persons excluded herein under Section 731.01 (b), or those persons acting on behalf of a charitable, religious or educational organization as defined in Ohio R.C. 2915.01 (H), (I) or (J), or those persons engaged as a "door-to-door salesperson in interstate commerce", which means a person who travels from door-to-door calling on private residences or places of business in the City for the purpose of taking orders for future delivery of goods or services to be furnished, supplied or delivered from sources outside the State and which is not done in connection with any appeal for any charitable or religious purpose.
(2) Notwithstanding the provision of subsection (a)(l) hereof, a certificate will not be issued if the Safety Director or his authorized representative has determined;
A. That the applicant has misrepresented his identity or intention or made a false, misleading or deceptive statement in providing the information required in Section 731.02; or
B. That the applicant has been convicted, during five years preceding the date of application of any felony or of a misdemeanor involving moral turpitude or force or violence.
C. That the applicant or the entity the applicant represents is not current in their payments and/or other obligations to the Bellevue City Income Tax Department.
(b) Duration. The certificate of registration issued hereunder shall not be transferred or assigned or used by any person other than the one to whom issued and shall be valid for a period of one year.
(Ord. 15-96. Passed 5-28-96.)
Each registrant shall carry the registration certificate at all times when in the City and shall exhibit it to any resident or Municipal official upon request. At the conclusion of the period for which the registration certificate was issued, the registration certificate shall be returned to the Director of Public Safety.
(Ord. 15-96. Passed 5-28-96.)
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