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Codified Ordinances of Brooklyn, OH
Codified Ordinances of Brooklyn, Ohio
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO.: 2003-20
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
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737.02 PERMIT AND LICENSE REQUIRED.
   No person shall engage in the business of peddler and/or solicitor as defined in Section 737.01 within the City without first obtaining a permit and license therefor as provided herein.
(Ord. 2017-54. Passed 6-12-17.)
737.03 APPLICATION.
   Applicants for permit and license under this chapter must file a sworn application in writing on a form to be furnished by the Mayor which shall give the following information:
   (a)    Name and description of the applicant.
   (b)    Address (legal and local).
   (c)    A brief description of the nature of the business and the goods to be sold.
   (d)    If employed, the name and address of the employer, together with credentials establishing the exact relationship.
   (e)    The length of the time for which the right to do business is desired.
   (f)    Social security number of the applicant.
      (Ord. 2017-54. Passed 6-12-17.)
737.04 INVESTIGATION; REFUSAL OR ISSUANCE.
   (a)    Upon receipt of the application, the original shall be referred to the Chief of Police, who shall cause an investigation of the applicant's business and moral character to be made as he or she deems necessary for the protection of the public good.
   (b)    The Chief of Police may establish rules and regulations not inconsistent with this chapter in order to have conducted a required background check on all applicants for a peddler or solicitor license. In order for the City to receive this background check, applicants may be required to provide the City and any outside vendors performing background checks in Ohio with the proper documentation and information so that a background check can be performed and delivered to the City, including those vendors requiring paper fingerprint cards or electronic fingerprints for use in a "Web Check" or similar system.
   (c)    If the applicant's background is found to be satisfactory, the Chief of Police shall, upon payment of the prescribed license fee, deliver to the applicant his or her permit and issue a license. The license shall contain the signature and shall show the name, address and photograph of the licensee, the date of issuance and the length of time the same shall be operative, as well as the license number and other identifying description of any vehicle used in such peddling or soliciting. A permanent record of all licenses issued shall be kept by the Police Department.
(Ord. 2017-54. Passed 6-12-17.)
737.05 FEES.
   The non-refundable fee shall be thirty dollars ($30.00) and shall be valid for a period of seven days from the date of issuance. The license may be renewable for an additional equal time period upon the payment of a non-refundable renewal fee of ten dollars ($10.00). The license shall expire on December 31, in the year when issued.
(Ord. 2017-54. Passed 6-12-17.)
737.06 EXHIBITION OF LICENSE.
   Peddlers and solicitors are required to exhibit their licenses on their outer garment at all times while conducting business in the City.
(Ord. 2017-54. Passed 6-12-17.)
737.07 REVOCATION AND/OR NON-ISSUANCE OF LICENSE.
   (a)    Permits and licenses issued under this chapter may be not issued or revoked by the Police Chief for any of the following causes:
      (1)    Fraud, misrepresentation, or false statement contained in the application for license.
      (2)    Fraud, misrepresentation or false statement made in the course of carrying on his or her business as a peddler.
      (3)    Any violation of this chapter.
      (4)    Conviction of any crime or misdemeanor involving moral turpitude, or any crime that is otherwise reasonably related to the person's fitness to act as a peddler or solicitor in the City.
      (5)    Conducting the business of peddling in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
   (b)    In the event an application for a license is not approved or in the event any license issued pursuant to the provisions of this chapter is revoked, written notice shall be given to the applicant or licensee by personal service or by certified mail. The applicant or licensee shall have ten (10) days after the receipt of such notice to appeal such refusal or revocation. Such appeal shall be perfected by filing a notice of the appeal with the Board of Zoning Appeals; thereupon the applicant shall have not less than ten (10) days' notice of the date and place of the hearing. The Board of Zoning Code Appeals shall have the power, after such hearing, to either affirm or overrule the decision of the Police Chief. The Board shall cause notice of its decision to be served upon the applicant or licensee by certified mail or personal service within fifteen days of the date of hearing. (Ord. 2017-54. Passed 6-12-17.)
737.08 HOURS.
   No peddler or solicitor shall call at residences within the City, between that period of time within a day between sunset of the first day and 11:00 a.m. of the following day.
(Ord. 2017-54. Passed 6-12-17.)
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