713.01 Definitions.
713.02 License required.
713.03 Application.
713.04 Issuance of license; duration.
713.05 Restrictions.
713.06 Limitations upon solicitation.
713.07 Exceptions.
713.08 License revocation.
713.09 Appeal procedure.
713.10 Display of license.
713.11 Receipt for down payment.
713.99 Penalty.
CROSS REFERENCES
Power to regulate - see Ohio R.C. 715.61 et seq.
Charitable solicitations - see Ohio R.C. Ch. 1716
Home solicitation sales - see Ohio R.C. 1345.21 et seq.
Trespassing- see GEN. OFF. 541.05
As used in this chapter, certain terms are defined as follows:
(a) "Canvassing" or "soliciting", unless expressly provided for otherwise, means traveling from residence to residence within the City, without having a previous appointment, to visit the residence or residences for the purpose of exposing or offering for inspection or sale, goods, wares, merchandise, food stuffs or any other property, tangible or intangible, of any nature whatsoever, or services, or for the purpose of taking or attempting to take orders for the purchase of goods, wares, merchandise, food stuffs or other property, tangible or intangible, of any nature whatsoever, for future delivery, or of services to be furnished or performed in the future whether directly for the resident or on an indirect basis.
(b) "Canvasser" or "solicitor" means any person who engages in canvassing or soliciting.
(c) "Sale" or "purchase" have the full meaning of "sale" or "purchase" as applied by or accepted in courts of law or equity, and shall also include an option of sale or purchase, a lease or a rental.
(Ord. 85-83. Passed 12-16-85.)
(a) No person shall canvass or solicit within the City without first being issued a license by the Mayor or a designee thereof. A separate license shall be obtained for every solicitor, canvasser, agent or employee canvassing or soliciting within the City.
(b) No person shall solicit, procure, direct, authorize, or cause any other person to solicit or canvass in violation of any provision of this chapter.
(c) All organizations must register to canvass or solicit with the City of Fairview Park in accordance with the provisions set forth in this chapter regardless of their state of origin.
(Ord. 04-28. Passed 6-28-04.)
(a) Every applicant for a license shall furnish the Mayor or a designee thereof a written application on a form to be provided, correctly containing the following information:
(1) Full name of the applicant.
(2) Date of birth of applicant.
(3) Local address, if any.
(4) Permanent home address.
(5) A physical description of the applicant, setting forth age, height, weight, color of hair and eyes, sex, and a recent photograph.
(6) Motor vehicle registration number, if any.
(7) Social security number, if any.
(8) Name and address of the person, firm, corporation or association for whom the solicitation or canvassing is presently being made and any other person, firm, corporation or association for whom the applicant has solicited or canvassed during the past three years.
(9) A description of the nature of the business and the goods, services, merchandise, wares, foodstuffs or other property to be sold or otherwise offered sufficient to identify the subject matter of the soliciting or canvassing in which the applicant will engage.
(10) The proposed dates and times of the solicitations or canvassing and the routes to be followed in conducting same.
(11) Telephone number of the applicant.
(12) Whether the applicant has ever been denied a license or permit to solicit or canvass or had such license or permit revoked, including the time and place of such denial or revocation.
(13) A specimen of the applicant's signature.
(14) Whether the applicant has ever been convicted of any crime and, if so, where and the nature of the offense and the punishment or penalty imposed therefor.
(15) Such other information as the Police Chief may require.
(Ord. 85-83. Passed 12-16-85.)
(b) A nonrefundable registration fee in the amount of twenty-five dollars ($25.00) shall be submitted with each application, as well as a five dollar ($5.00) per day licensing fee for each organization. The license is good for a maximum of thirty (30) days at which time a new registration must be applied for.
(c) The applicant shall register with the Finance Department providing their name, address, person or persons to whom correspondence may be directed, and such other information as the Director may require.
(Ord. 04-28. Passed 6-28-04.)
(a) The Mayor or a designee thereof shall issue a license to the applicant unless he has determined that:
(1) The applicant has made a false, misleading or deceptive statement in providing the information required under Section 713.03; or
(2) The applicant has been convicted of a felony or of a misdemeanor involving moral turpitude during the five years preceding the date of application; or
(Ord. 85-83. Passed 12-16-85.)
(3) The applicant has not registered with the Finance Department as provided in Section 713.03. (Ord. 04-28. Passed 6-28-04.)
(b) Such license shall be valid for a period not to exceed thirty days. No license issued hereunder shall be assigned or transferred to any other person.
(Ord. 85-83. Passed 12-16-85.)
Every person to whom a license to solicit and/or canvass is issued under the terms of this chapter shall be governed by the following rules and regulations:
(a) No person subject to the provisions of this chapter shall canvas or solicit, except between the hours of 9:00 a.m. and the earlier of sunset or 8:00 p.m., Monday through Saturday. In addition, no person shall canvas or solicit on any legal holiday. (Ord. 99-32. Passed 4-19-99.)
(b) No canvasser or solicitor shall enter or attempt to enter the house or apartment of any resident in the City without an express invitation from the occupant of the house or apartment.
(c) No canvasser or solicitor shall engage in or transact any type of business or solicitation or canvassing other than that specified on the license application.
(d) No person shall canvass or solicit at any residence in the City upon which there is posted a sign which reads, "No Peddlers or Solicitors Allowed", or words of similar import, which clearly prohibit peddlers or solicitors on the premises, unless such peddler or solicitor is, or has been invited upon the premises by the owner, lessee, or occupant thereof.
(e) No canvasser or solicitor shall vex, annoy or harass any person.
(Ord. 87-23. Passed 12-7-87.)
(a) No person shall sell or offer for sale, barter, exchange or solicit the purchase or gift of any goods, wares, merchandise, food stuffs or other articles of value, or offer services for hire within the City in any area in which an authorized outdoor public show is being held as defined in Section 709.01, except as authorized by the outdoor public show permit holder.
(b) No person licensed pursuant to this chapter shall have any exclusive right to any location in the public streets, nor shall he be permitted a stationary location, nor shall he be permitted to operate in any congested area where his operations impede and inconvenience the public. (Ord. 85-83. Passed 12-16-85.)
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