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As used in this chapter:
(a) “Canvasser” or “solicitor” means any individual, whether a resident of the City or not, traveling either by foot, wagon, automobile, motor truck or any other type of conveyance, from place to place, house to house, or street to street, without first having an appointment to visit a residence, is taking or attempting to take orders for the sale of goods, wares and merchandise, personal property of any nature whatsoever for future delivery or for services to be furnished or performed in the future. This definition shall not apply to persons selling any agricultural articles, or products offered for sale by the producer.
(b) “Peddler” means any person who carries with him for the purpose of sale and immediate delivery from house to house, goods, wares and merchandise. Exception to this definition of the term “peddler” are the following:
(1) A person making delivery of goods, wares or merchandise theretofore sold by an establishment having a permanent place of business.
(2) A person making sales of the following items of daily household consumption:
A. Baked goods;
B. Fruit and vegetables;
C. Dairy products except ice cream and frozen desserts.
(c) “Canvasser” or “solicitor” or “peddler” may be a bona fide educational, religious, fraternal or charitable organization. The license required may be issued in the organization’s name, cover all members of that organization. When the applicant is such an organization, the Mayor shall have the authority to waive any non-applicable provisions of Section 753.03.
(Ord. 13-2015. Passed 4-20-15.)
No solicitor, canvasser or peddler shall engage in business within the City without first obtaining a permit and license therefore in compliance with the provisions of this chapter. Any permit and license granted under the terms of this chapter shall be valid only during the hours of 10:00 a.m. and 6:00 p.m. weekdays.
(Ord. 13-2015. Passed 4-20-15.)
Applicants for permits and licenses under this chapter must file with the Mayor 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) Permanent home address and full local address of the applicant;
(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; and Tax Identification Number issued by the Internal Revenue Service and the Ohio Department of Taxation;
(e) The length of time for which the right to do business is desired;
(f) The place where the goods or property proposed to be sold, or orders taken for the sale thereof, are manufactured or produced, where the goods or products are located at the time the application is filed, and the proposed method of delivery;
(g) A photograph of the applicant, taken within sixty days immediately prior to the date of the filing of the application, which picture shall be two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner;
(h) The fingerprints of the applicant and the names of at least two reliable property owners of the County who will certify as to the applicant’s good character and business respectability, or, in lieu of the names and references, such other available evidence as to the good character and business responsibility of the applicant as will enable an investigator to properly evaluate such character and business responsibility;
(i) A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor; and
(j) A statement by a reputable physician of the Municipality, dated not more than ten days prior to submission of the application, certifying the applicant to be free of contagious, infectious or communicable disease.
(Ord. 13-2015. Passed 4-20-15.)
(a) Upon receipt of the application, the original shall be referred to the Mayor, who shall cause the investigation of the applicant’s business and moral character to be made as he deems necessary for the protection of the public good.
(b) If as a result of such investigation, the applicant’s character or business responsibility is found to be unsatisfactory, the Mayor shall endorse on the application his disapproval and his reasons for the same, and shall notify the applicant that his application is disapproved and that no permit and license will be issued.
(c) If as a result of the investigation, the character and business responsibility of the applicant are found to be satisfactory, the Mayor shall endorse on the application is approval, execute a permit addressed to the applicant for the carrying on of the business applied for and shall, upon payment of the prescribed license fee, deliver to the applicant his permit and issue a license. The license shall contain the signature and seal of the Mayor and shall show the name, address and photograph of the licensee, the class of license issued and the kind of goods to be sold thereunder, the amount of fee paid, 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 the soliciting, canvassing or peddling. The Mayor shall keep a permanent record of all licenses issued. Al licenses shall be nontransferable.
(Ord. 13-2015. Passed 4-20-15.)
Licenses issued under this chapter shall be personally obtained by the licensee named therein, and shall be given to no other person. Such licensee must have the license on their person at all times while doing business in the City of Bryan.
(Ord. 13-2015. Passed 4-20-15.)
The following license fees shall be paid:
(a) For any peddler, solicitor or canvasser there shall be a license fee of fifty dollars ($50.00) per month, per individual. The fee shall be paid in advance.
(b) For organizations as defined in Section 753.01(c), the fee shall be twenty-five dollars ($25.00) per year, but may be waived by the Mayor.
(Ord. 13-2015. Passed 4-20-15.)
Any license issued pursuant to the provisions of this chapter shall be revoked by the Mayor upon violation by the peddler, solicitor or canvasser of:
(a) Any provision of this chapter;
(b) Of any applicable ordinance of this Municipality or any State or Federal Criminal Law;
(c) The licensee has made one or more material misrepresentations of fact within the application;
(d) The licensee has altered the information set forth on the face of the license or has used the license with knowledge that it has been altered;
(e) The licensee has permitted another to use the license;
(f) The licensee has entered upon the premises of a residence for the purpose of proposing a commercial transaction at hours other than those permitted by the express terms of the license;
(g) The licensee has failed or refused to exhibit the license to a law enforcement officer or at any time when requested while license is engaged in door to door solicitations.
In the case of revocation, no fee will be refunded.
(Ord. 13-2015. Passed 4-20-15.)
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