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§ 113.02 LICENSE REQUIRED.
   No person shall engage in the business or trade of transient vendor or home solicitation sale, either as principal or agent, without first obtaining a license from the zoning office.
(Prior Code, § 860.02) (Ord. 95-20, passed 1-23-1996; Ord. 01-27, passed 11-27-2001) Penalty, see § 113.99
§ 113.03 EXEMPTIONS.
   (A)   The provisions of this chapter shall not apply to any person who represents a business or organization, including, but not limited to, any entity exempt from taxation under R.C. § 5709.04 or Internal Revenue Code § 501(c)(3).
   (B)   The provisions of this chapter shall not apply to persons selling agricultural articles or products grown on the premises and offered or exposed for sale by the producer.
(Prior Code, § 860.03) (Ord. 95-20, passed 1-23-1996; Ord. 01-27, passed 11-27-2001)
§ 113.04 LICENSING PROCEDURES; FEES; FALSIFICATION; EFFECTIVE PERIOD.
   (A)   The zoning office is authorized to grant a license to any person or entity upon registration and payment by such person of a $100 registration fee, plus an additional fee of $25 for each individual transient vendor. Checks or money orders shall be made payable to the city.
   (B)   The zoning office shall maintain a registration log where all transient vendors and home solicitation sales individuals or entities shall register. This registration may be made at the zoning office during regular office hours. All transient vendors shall register at least 48 hours prior to the date they desire to sell goods, wares or merchandise in the city, exclusive of weekends.
   (C)   Transient vendors or home solicitation sales individuals shall be required to fill out a transient vendors application at the time they register, and they shall sign in and out on the log. The application form shall list all employees, vehicles and license numbers for those vehicles that will be in the city. If the transient vendor intends to sell from a fixed location and/or locations, the transient vendor shall provide the address of each location and written documentation from the owner or lessee of that property indicating that the transient vendor has permission to sell its goods, wares or merchandise at that location.
   (D)   All companies, corporations, businesses or organizations shall provide to their transient vendors or home solicitation sales individuals a copy of the transient vendor permit signed by the Zoning Inspector and designating that the transient vendor is in fact authorized to sell, offer for sale, or solicit orders for its goods, wares or merchandise within the city, for it or under its authority or agency. A transient vendor or home solicitation sales individual shall maintain a copy of the signed permit on his or her person while doing business in the city and shall produce the permit for inspection upon the request of any person. If the permit is issued for a fixed location or locations, the permit shall specifically identify each location.
   (E)   A transient vendor application or log that contains false or untrue information shall give the city cause to cancel the registration and to commence prosecution pursuant to § 113.99.
   (F)   A license issued to a transient vendor by the zoning office shall be valid for a period of 90 days and said period shall commence on the date of registration. The license shall be renewable upon payment of a $100 renewal fee, plus an additional fee of $25 for each additional transient vendor for an additional 90-day period.
(Ord. 95-20, passed 1-23-1996; Ord. 01-27, passed 11-27-2001; Ord. 05-10, passed 6-14-2005; Res. 2007-R86, passed 12-11-2007)
§ 113.05 HOURS OF SALE.
   (A)   No transient vendor licensed under this chapter shall sell, offer for sale, or solicit orders, door to door, or location to location, between the hours of 9:00 p.m. and 9:00 a.m. of the following day, Monday through Friday, or at any time on Saturday, Sunday or holidays, from May through October.
   (B)   No transient vendor licensed under this chapter shall sell, offer for sale, or solicit orders, door to door, or location to location, between the hours of 7:00 p.m. and 9:00 a.m. of the following day, Monday through Friday, or at any time on Saturday, Sunday or holidays, from November through April.
(Prior Code, § 860.05) (Ord. 95-20, passed 1-23-1996; Res. 2007-R86, passed 12-11-2007) Penalty, see § 113.99
§ 113.06 SALES FROM A FIXED LOCATION OR TEMPORARY PLACE OF BUSINESS.
   A transient vendor who sells, offers for sale or solicits orders for future delivery of goods, wares or merchandise, and who establishes a fixed location or a temporary place of business shall, in addition to the other requirements mandated herein:
   (A)   Establish the temporary place of business in an area zoned for the same. No temporary place of business shall be established in areas zoned as residential;
   (B)   Not violate any zoning regulation regarding signs, as set forth in §§ 157.130 through 157.142;
   (C)   Not sell, offer for sale or solicit orders for future delivery of goods, wares or merchandise between the hours of 9:00 p.m. and 9:00 a.m. of the following day; and
   (D)   Comply with all existing zoning regulations.
(Prior Code, § 860.06) (Ord. 95-20, passed 1-23-1996)
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