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725.01 DEFINITIONS.
   As used in this chapter:
   (a)   “Canvassing”, “canvassers” and “canvas” means the house-to-house distribution of ideas, pamphlets, literature, and the like, or the collection of signatures or support for any purpose or cause. This definition does not include solicitation, peddling, or vending, as those terms are defined in this section. This definition includes requesting contributions when such requests are made in conjunction with the house-to-house distribution of ideas, pamphlets, literature, or the collection of signatures or support for any purpose or cause. This definition includes both “contact canvassers” and “non-contact canvassers” as defined in paragraphs (a)(1) and (a)(2) hereof.
      (1)   “Contact canvassers” and “contact canvassing” mean those persons who canvass, as defined in subsection (a) hereof through in person, face-to-face contact, verbal or otherwise, with individual residents.
      (2)   “Non-contact canvassers” and “non-contact canvassing” mean those persons who canvass, as defined in subsection (a) hereof, without attempting in person, face-to-face contact with individual residents, such as the distribution of leaflets and/or pamphlets by leaving them at a place of residence.
   (b)   “Charitable” means and includes the words patriotic, philanthropic, social service, welfare, benevolent, educational, fraternal or any agency created for the purpose of supporting health research or health measures, either actual or purported.
   (c)   “City Manager” means the City Manger or his or her designee.
   (d)   “Contribution” means the gift, sale for less than market value or purchase for more than market value of alms, food, clothing, money or property, including donations under the guise of a loan of money or property or the rental thereof for any charitable, religious or political use or purpose.
   (e)   “Peddler” means an itinerant solictant/trader who sells wares which he or she may carry with him or her traveling about from place to place.
   (f)   “Person” means any firm, co-partnership, corporation, company, association, joint stock association, church, religious sect, religious denomination, society, organization or league, and includes any trustee, receiver, assignee, agent, or other similar representative thereof.
   (g)   “Political” and “political organization” shall not mean or include the term “charitable”. Such terms shall be given their commonly accepted definitions. It is not necessary that a person be a candidate for an office or in support of another person as a candidate to be included within the definition of “political” or “political organization”.
   (h)   “Religious” and “religion” shall not mean and include the term “charitable”. Such terms shall be given their commonly accepted definitions.
   (i)   “Solicit” and “solicitation” mean the method by which a peddler or vendor conveys his/her wares; or the request, either directly or indirectly, for money, credit, property, financial assistance, or other thing of value on the plea or representation that which is being solicited will be used for a charitable, political, or religious purpose.
   (j)   “Vendor” means a person who transfers property by door-to-door sale.
      (Ord. 13-72. Passed 12-2-13.)
 
725.02 AUTHORITY TO ISSUE LICENSE.
   The City Manager is hereby authorized to grant, issue and revoke a license to any person who desires to vend, solicit, peddle or request contributions under this chapter.
(Ord. 13-72. Passed 12-2-13.)
 
725.03 LICENSE OR REGISTRATION REQUIRED.
   No person shall peddle, vend, solicit or request contributions for any purpose, charitable or otherwise, unless such person has obtained a license from the City or unless the person meets the exception contained in Section 725.08. Such person shall carry the license required by this section, a photographic identification card, and the do-not-solicit list required by Section 725.12, at all times while exercising such calling and shall, upon demand, exhibit those items to any official of the City or occupant of any residence or business establishment being contacted. (Ord. 13-72. Passed 12-2-13.)
 
725.04 LICENSE APPLICATION.
   An application for a license to peddle, vend, solicit or request contributions shall be made on forms provided by the City. The City Manager shall issue the license if:
   (a)   All of the statements made in the application are true.
   (b)   The applicant has provided a valid photographic identification card.
   (c)   The applicant has not been convicted of a felony or misdemeanor involving force, violence, fraud, theft or a sexually-oriented offense.
      (Ord. 13-72. Passed 12-2-13.)
 
725.05 LICENSE WAITING PERIOD; INVESTIGATION.
   A waiting period, not to exceed twenty-four hours after receipt of the completed application for a license to peddle, vend, solicit or request contributions, shall be required for the purpose of having the Police Department make an independent inquiry of the requirements specified in Section 725.04.
(Ord. 13-72. Passed 12-2-13.)
 
725.06 LICENSE FEES.
   The City Manager, before issuing the license required by this chapter, shall collect from each licensee one dollar ($1.00) for each license issued under this chapter. Each separate person shall have an individual license in order to solicit within the City.
(Ord. 13-72. Passed 12-2-13.)
 
725.07 LICENSE EXPIRATION; REVOCATION OR SUSPENSION.
   Any license issued pursuant to this chapter shall expire not later than ten days following the date of issuance. Such a license may be revoked or suspended at any time by the City Manager if the holder:
   (a)   Is found to have misrepresented any statement on the application for a license to peddle, vend, solicit or request contributions;
   (b)   Violates any of the provisions of this chapter;
   (c)   Is the subject of a complaint for criminal trespass as defined by Sections 541.05 or 541.051 of the Germantown Codified Ordinances; or
   (d)   Is found to be convicted of a felony or misdemeanor involving force, violence, fraud, theft, or a sexually-oriented offense.
      (Ord. 13-72. Passed 12-2-13.)
 
725.08 EXCEPTIONS FROM LICENSE AND FEES.
   Except as otherwise provided in Sections 725.11 and 725.12, the restrictions of this chapter do not apply to any canvassing activity as defined in Section 725.01(a).
(Ord. 13-72. Passed 12-2-13.)
 
725.09 COMPLIANCE WITH STATE LAW.
   A representative of a charitable organization, as defined in Ohio R.C. Chapter 1716, may be required, if requested by the City Manager or his or her designee, to provide certification that such organization is duly registered with the Ohio Attorney General’s Office.
(Ord. 13-72. Passed 12-2-13.)
 
725.10 FALSIFICATION; MISREPRESENTATION.
   No person required to obtain a license to solicit, peddle, vend, or request contributions under this chapter shall register a false or fictitious name or address or represent by words or action that he or she is the employee, agent, partner or representative of any person or organization, when in fact, he or she is not the employee, agent, partner, or representative of such person or organization.
(Ord. 13-72. Passed 12-2-13.)
 
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