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CHAPTER 832
Solicitors, Peddlers and Door to Door Sales Persons
832.01   Definitions.
832.02   Door to door solicitation license required.
832.03   Notice prohibiting door to door solicitations.
832.04   Exceptions.
832.05   License required, fees.
832.06   Application.
832.07   Regulations and restrictions.
832.08   Distribution of handbills.
832.09   Appeals.
832.10   Enforcement.
832.11   Severability.
   CROSS REFERENCES
   Power to inspect food products - see R.C. § 715.46
   Power to regulate - see R.C. § 715.61 et seq.
   Home solicitation sales - see R.C. § 1345.21 et seq.
   Charitable solicitations - see R.C. Ch. 1716
   Frozen desserts - see R.C. § 3717.51 et seq.
   Sales of goods and services within right of way of interstate and other State highways -see R.C. § 5515.07
   No parking and limited parking areas - see TRAF. 452.13, 452.14
   Littering - see GEN. OFF. 660.14 
   Soliciting on park premises - see S. U. & P. S. 1060.01
   832.01   DEFINITIONS.
   As used in this chapter, certain terms are defined as follows:
   (a)   “Charitable organization” means either of the following:
      (1)   Any organization having an office, branch or church located within the Village of East Palestine that is determined by the Internal Revenue Service to be a tax-exempt organization pursuant to section 501(c)(3) of the Internal Revenue Code;
      (2)   Any benevolent, philanthropic, patriotic, educational, humane, scientific, public health, environmental conservation, civic, or eleemosynary objective or any objective that benefits local law enforcement personnel, firefighters, or other persons who protect the public safety.
   (b)   “Major community event” means such events as the East Palestine Street Fair, Snowflake Festival, Fourth of July, Service Club events i.e., Annual Car Show and any event so approved by the Village of East Palestine.
   (c)   “Solicitor, peddler or canvasser” means any person(s), firm, partnership, corporation, or other business desiring to sell, or carries with him/her, goods, wares, merchandise, food products or services of any kind on public or private property, door to door, within the corporate limits of the Village of East Palestine, rather than from a specific designated location and under the provisions of this chapter. Peddler also means “hawker” or “huckster”.
   (d)   “Temporary place of business” means any public or private place including, but not limited to, any storeroom, building or part of a building, parking lot or vacant lot that is temporarily being occupied for the purpose of making retail sales of goods, wares, merchandise, food products or services of any kind, to the public. A place of business is not temporary if the same person, firm partnership, corporation, or other business conducted business at the same place continuously for more than six months or occupied the premises as their permanent residence for more than six months.
   (e)   “Transient dealers” means any person(s), firm, partnership, corporation or other business desiring to “temporarily” open stores, places, sites, or locations on any private property within the corporate limits of the Village of East Palestine, for six months or less, for the purpose of selling goods, wares, merchandise, food products or services of any kind and from a specific designated location. A “transient dealer” shall not be construed to fall under the classification of a vendor, solicitor or peddler whom solicits or sells goods, wares, merchandise, food products or services of any kind through door to door means rather than from a specific designated location.
   (f)   “Vendor”, both stationary and mobile, means any person(s), firm, partnership or corporation or other business engaged in the selling or offering for sale, goods, wares, merchandise, services, food or beverages from a table, bench, rack, wagon stand, cart, his/her person, motor vehicle or other device, not within the confines of a building on private or public property, or right-of-way within the corporate limits of the Village of East Palestine. All East Palestine citizens and private or public organizations, corporations, firms, or partnerships living in or located within the Village limits of the Village of East Palestine will be exempt from the definition of vendor for the purposes of sales made on their private property for their personal or organizational profit during major community events.
   (g)   “Crafter” is any person,(s) firm, partnership, corporation or other business desiring to "temporarily'' open stores, places, sites, or locations on any private property within the corporate limits of the Village of East Palestine, for six (6) months or less, for the purpose of selling crafts. Crafts are defined as items made or created by hand through the skill and handicraft of an artisan, craftsman, carpenter, artist, jeweler, or other skilled individual. A “crafter” is specific type of transient dealer.
   (h)   “Food truck” is a large motorized vehicle (such as a van) or trailer, equipped to cook, prepare, serve, and/or sell food. Some, including ice cream trucks, sell frozen or prepackaged food; others have on-board kitchens and prepare food from scratch, or they heat up food that was prepared in a brick and mortar commercial kitchen. “Food trucks” may also sell cold beverages such as soda pop and water. “Food trucks”, along with food booths and food carts, are components of the street food industry. A “food truck” is specific type of transient dealer.
(Ord. 23-2022. Passed 12-28-22; Ord. 13-2023. Passed 5-22-23.)
   832.02   DOOR TO DOOR SOLICITATION LICENSE REQUIRED.
   No person, firm or corporation, except those persons, firms or corporations exempt, pursuant to § 832.01(a)(1) or (2), shall engage in the business or activity as a door-to-door solicitor, peddler, or canvasser within the Village of East Palestine without first obtaining a license therefor, unless they fall into one of the exceptions set out in Section 832.04.
(Ord. 23-2022. Passed 12-28-22; Ord. 17-2023. Passed 7-24-23.)
   832.03   NOTICE PROHIBITING DOOR TO DOOR SOLICITATIONS.
   (a)   Notice by the owner(s) or occupant(s) of any residence or business of the determination to refuse to receive any uninvited solicitor, peddler, canvasser shall be given by displaying a card, decal or sign with the words no less than three-quarter inch in height, upon or near the main entrance door to the residence or place of business, containing the words "No Solicitors" or similar words to convey the intent that the property owner shall refuse to receive any uninvited solicitor, peddler or canvasser.
   (b)   No person shall go upon any premises and ring the door bell, rap on any door, or create any sound or visual effect in any manner calculated to attract the attention of any occupant of such residence or place of business for the purpose of securing an audience with the occupants thereof and engaging in canvassing, solicitation or peddling for profit or nonprofit or charitable in defiance of a notice displayed pursuant to this section. Violation of this section shall result in the revocation of the door-to-door solicitation license issued to said violator.
(Ord. 23-2022. Passed 12-28-22.)
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