(a) License or Registration Required. No peddler or solicitor shall peddle or solicit within the City, unless he or she is the holder of a valid license issued pursuant to this chapter.
(b) Application; Fee; License; Registration.
(1) Any person seeking a license in conformity with this chapter shall obtain an application for same from the Chief of Police and shall submit the completed application, along with the appropriate fee, to such office, on a form supplied by the Chief which shall contain the following information:
A. Full name of applicant;
B. Date of birth of the applicant;
C. Local address, if any;
D. Permanent home address;
E. A physical description of the applicant, setting forth age, height, weight, color of hair and eyes, and sex;
F. Social security number;
G. A description of the nature of the business and the goods, wares, merchandise, property and/or services to be sold;
H. Telephone number of the applicant;
I. Name and address of organization the peddler or solicitor represents;
J. Whether the applicant has ever been convicted of a crime and if so, where the nature of the offense and the punishment or penalty imposed therefor, if any;
K. Such other information as the Chief may require in order to protect the public health, safety and/or general welfare.
(2) All license applications shall be referred to the Chief who shall, within five (5) days after receipt of the completed application, issue a license unless he finds that:
A. The applicant has provided false, misleading or deceptive information in his application; and or
B. The applicant or any solicitor or peddler named on the license application has been convicted of a felony violation or misdemeanor violation involving weapons, theft, moral turpitude or violence within the past five (5) years.
All licenses issued under this chapter shall be valid for not more than one hundred eighty (180) days. A separate license shall be required for each individual solicitor or peddler even though there may be a single employer.
(3) Each applicant shall pay a nonrefundable license application fee of Fifteen Dollars ($15.00), which fee shall be paid at the time the application is submitted.
(4) Once issued, a license may be used only in conformity with the laws of the City and the State of Ohio; may not be assigned or transferred; must be carried by the licensee at all times; and may be revoked or suspended by the Chief of Police for any of the following causes:
A. The licensee or person preparing the application on behalf of the licensee provided false, misleading or deceptive information in the license application;
B. The licensee is convicted of a felony or of a misdemeanor involving fraud or moral turpitude; or
C. The licensee violates any provision of this chapter or peddles or solicits in an unlawful manner.
D. Upon written complaint being filed with the Police Department, that the licensee has made himself obnoxious to the public by the use of indecent, profane or insulting language or has made or perpetrated any misstatement, deception or fraud in connection with any solicitation or sale, and if said complaint is found to be true, the license of such solicitor or peddler shall be revoked.
(c) Exemption from License Fee. Individuals or corporations soliciting or peddling on behalf of a religious or charitable organization and door-to-door salespersons in interstate commerce shall not be required to pay license fees.
(d) License Exceptions. No license shall be required of a peddler or solicitor for the following:
(1) Soliciting only the purchase of or subscription for newspapers having their principal sale or distribution in this City or in the County.
(2) Soliciting only for wholesale delivery to merchants, manufacturers or other businessmen at their offices, places of business or factories, the sale of equipment or articles used in the conduct of their professions, businesses or manufacturing establishments.
(3) Peddling or soliciting at the invitation or request of the person contacted.
(4) Soliciting or peddling on behalf of any locally recognized religious, educational, civic or charitable organization, without compensation to the solicitor or peddler.
(e) Restrictions; Hours; Conduct. Every person to whom a license to peddle or solicit is issued and every canvasser shall be governed by the following rules and regulations:
(1) No person subject to the provisions of this chapter shall peddle, solicit or canvass except between the hours of 9:00 a.m. and 8:00 p.m. or one-half hour after sunset, whichever is later.
(2) No peddler, solicitor or canvasser shall enter or attempt to enter a residence, house, apartment or other dwelling in the City without an express invitation from an adult occupant of the residence, house, apartment or other dwelling.
(3) No peddler or solicitor shall engage in any peddling or solicitation other than that specified in the license application.
(4) No peddler, solicitor or canvasser shall by any device make unlawful noises, nor shall any peddler, solicitor or canvasser remain at the residence, house, apartment or other dwelling in the City without the consent of any adult occupant of the residence, house, apartment or other dwelling in the City.
(f) Prohibition by Notice. Notwithstanding any other provision of this chapter, no peddler, solicitor or canvasser, while peddling, soliciting or canvassing, shall call upon, knock at the door or ring the doorbell of, or enter any residence, house, apartment, other dwelling or place of business in the City upon which there is posted at the main entrance door, a weather-proof card, decal or sign, not less than three (3) inches by four (4) inches in size nor more than one square foot (144 square inches) in total area indicating a determination by the owner or occupant to refuse to receive any uninvited peddler, solicitor, or canvasser, which sign contains the words "No Solicitors Allowed," or words of similar import, with letters at least one-third of an inch in height. Any such sign that complies with the requirements of this section shall be exempt from any additional or different requirements contained in the provisions of these Ordinances, including but not limited to, Chapters 1311
and 1353
of the Codified Ordinances.
(Ord. 2004-2. Passed 1-27-04.)