CHAPTER 111: PEDDLERS, ITINERANT MERCHANTS AND SOLICITORS

Section

   111.01   Definitions

   111.02   License requirement

   111.03   Application procedure

   111.04   Standards for issuance

   111.05   Revocation procedure

   111.06   Standards for revocation

   111.07   Appeal procedure

   111.08   Exhibition of identification

   111.09   Municipal policy on soliciting

   111.10   Notice regulating soliciting

   111.11   Duty of solicitors

   111.12   Uninvited soliciting prohibited

   111.13   Time limit on soliciting

Statutory reference:

   Municipal power to regulate, see R.C. §§ 715.61, 715.63, and 715.64

   Revocation of licenses for conviction of certain fraud and theft offenses, see R.C. § 2961.03

§ 111.01 DEFINITIONS.

   For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   BUSINESS. The business carried on by any person who is an itinerant merchant, peddler, or solicitor as defined in this section.

   GOODS. Merchandise of any description, and includes but is not limited to wares and foodstuffs.

   ITINERANT MERCHANT. Any person, whether as owner, agent, or consignee, who engages in a temporary business of selling goods within the municipality and who, in the furtherance of such business, uses any building, structure, vehicle, or any place within the municipality.

   PEDDLER. Any person, not an itinerant merchant, who:

      (1)   Travels from place to place by any means carrying goods for sale, or making sales, or making deliveries; or

      (2)   Without traveling from place to place, sells or offers goods for sale from any public place within the municipality.

   SOLICITOR. Any person who travels by any means from place to place, taking or attempting to take orders for sale of goods to be delivered in the future or for services to be performed in the future. A person who is a SOLICITOR is not a peddler.

§ 111.02 LICENSE REQUIREMENT.

   (A)   Any person who is an itinerant merchant, peddler, or solicitor shall obtain a license before engaging in such activity within the municipality.

   (B)   The fee for the license required by this chapter shall be as set from time to time by the legislative authority.

   (C)   No license issued under this chapter shall be transferable.

   (D)   All licenses issued under this chapter shall expire 90 days after the date of issuance thereof.

Penalty, see § 10.99

§ 111.03 APPLICATION PROCEDURE.

   (A)   All applicants for licenses required by this chapter shall file an application with the Clerk or other authorized official. This application shall be signed by the applicant if an individual, or by all partners if a partnership, or by the president if a corporation. The applicant may be requested to provide information concerning the following items:

      (1)   The name and address of the applicant;

      (2)   (a)   The name of the individual having management authority or supervision of the applicant’s business during the time that it is proposed to be carried on in the municipality;

         (b)   The local address of such individual;

         (c)   The permanent address of such individual; and

         (d)   The capacity in which such individual will act.

      (3)   The name and address of the person, if any, for whose purpose the business will be carried on, and, if a corporation, the state of incorporation;

      (4)   The time period or periods during which it is proposed to carry on applicant’s business;

      (5)   (a)   The nature, character, and quality of the goods or services to be offered for sale or delivered; and

         (b)   If goods, their invoice value and whether they are to be sold by sample as well as from stock, where and by whom such goods are manufactured or grown, and where such goods are at the time of application;

      (6)   The nature of the advertising proposed to be done for the business; and

      (7)   Whether or not the applicant, or the individual identified in division (A)(2)(a) of this section, or the person identified in division (A)(3) has been convicted of any crime or misdemeanor and, if so, the nature of each offense and the penalty assessed for each offense.

   (B)   Applicants for peddler or solicitor licenses may be required to provide further information concerning the following items, in addition to that requested under division (A) of this section:

      (1)   A description or photograph of the applicant; and

      (2)   A description of any vehicle proposed to be used in the business, including its registration number, if any.

   (C)   All applicants for licenses required by this chapter shall attach to their application, if required by the municipality, credentials from the person, if any, for which the applicant proposes to do business, authorizing the applicant to act as such representative.

   (D)   Applicants who propose to handle foodstuffs shall also attach to their application, in addition to any attachments required under division (C) of this section, a statement from a licensed physician, dated not more than 14 days prior to the date of application, certifying the applicant to be free of contagious or communicable disease.

Penalty, see § 10.99