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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.)
(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.)
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.)
(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.)
(a) The Director of Public Safety shall separately establish and maintain each of the following:
(1) A "Peddlers Do Not Call Registry"; and
(2) A "Solicitors Do Not Call Registry".
(b) Any person in lawful possession and occupancy of any residence, house, apartment or other dwelling in the City of Brooklyn may require the City to place and maintain his or her residence, house, apartment or other dwelling on the "Peddlers Do Not Call Registry" and/or the "Solicitors Do Not Call Registry" by submitting a separate request for each registry on form(s) supplied by the Director of Public Safety, each of which shall contain the following information:
(1) The signature of the person completing the form(s), unless the submission is done electronically with a secure password on the City of Brooklyn website;
(2) The complete address of the residence, house, apartment or other dwelling to be placed on the registry;
(3) The date the form was completed;
(4) A statement that "No Peddlers Shall Call at this Address" or words of similar import on the form for the "Peddlers Do Not Call Registry" and/or a statement that "No Solicitors Shall Call at this Address" or words of similar import for the "Solicitors Do Not Call Registry"; and
(5) The exceptions, if any, which the person completing the form(s) wishes to be made to the requirement that Peddlers and/or Solicitors do not call at his or her residence, house, apartment or other dwelling.
(c) Any person in lawful possession and occupancy of any residence, house, apartment or other dwelling in the City may require the City to remove his or her residence, house, apartment or other dwelling from the "Peddlers Do Not Call Registry" and/or the "Solicitors Do Not Call Registry" by submitting a separate "Notice of Removal" from either or both of said registries on form(s) supplied by the Director of Public Safety, each of which shall contain the following information:
(1) The signature of the person submitting the form(s), unless the submission is done electronically with a secure password on the City of Brooklyn website;
(2) The complete address of the residence, house, apartment or other dwelling to be removed from each registry;
(3) The date the form was completed; and
(4) A statement that the residence, house, apartment or other dwelling be removed from the "Peddlers Do Not Call Registry" and/or the "Solicitors Do Not Call Registry".
(d) The decision whether to place a residence, house, apartment or other dwelling on the "Peddlers Do Not Call Registry" and/or the "Solicitors Do Not Call Registry" shall be solely that of the lawful possessor and occupant thereof and no official, agent or employee of the City of Brooklyn shall interfere with said decision.
(e) A residence, house, apartment or other dwelling, after being lawfully placed on the "Peddlers Do Not Call Registry" and/or the "Solicitors Do Not Call Registry" shall remain on said registry until the earliest of any of the following:
(1) The City receives a Notice of Removal pursuant to subsection (c) hereof;
(2) The City receives notice that the person who submitted the form pursuant to subsection (b) hereof is not or is no longer a lawful possessor and occupant of the premises; or
(3) The expiration of five calendar years, expiring on December 31st, from the date of the form submitted pursuant to subsection (b) hereof.
(f) A copy of the "Peddlers Do Not Call Registry" and a copy of the "Solicitors Do Not Call Registry" shall be made available for public inspection at all times during normal business hours at the office of the Director of Public Safety.
(g) Not withstanding any other provision of this chapter, no peddler, while peddling, shall call upon, knock at the door or ring the doorbell of any residence, house, apartment or other dwelling in the City which is at that time on the "Peddlers Do Not Call Registry" established and maintained pursuant to this Chapter or upon which there is posted at the entrance a notice which reads "No Peddlers Allowed", or other words of similar import, which clearly prohibit peddlers on the premises, unless such peddler has previously been invited upon the premises by the lawful possessor and occupant thereof.
(h) Not withstanding any other provision of this chapter, no solicitor, while soliciting, shall call upon, knock at the door or ring the doorbell of any residence, house, apartment or other dwelling in the City which is at that time on the "Solicitors Do Not Call Registry" established and maintained pursuant to this Chapter or upon which there is posted at the entrance a notice which reads "No Solicitors Allowed", or other words of similar import, which clearly prohibit solicitors on the premises, unless such solicitor has previously been invited upon the premises by the lawful possessor and occupant thereof.
(Ord. 2017-54. Passed 6-12-17.)
The provisions of Sections 737.02, 737.03, 737.04, 737.05, 737.06, 737.07, 737.09(g) and 737.09(h) shall not apply to a duly authorized person peddling or soliciting on behalf of any recognized nonprofit, educational, civic, religious, political or charitable organization, in which case the peddler or solicitor shall nevertheless register with the Police Chief, stating the name of the organization, the nature of the activity being conducted, and the duration of such activity, and shall furnish any other information deemed necessary by the Chief Police in order to enforce the provisions of this chapter; or the solicitation by a newspaper carrier of customers for a newspaper which he or she regularly delivers or shall regularly deliver.
(Ord. 2017-54. Passed 6-12-17.)