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For the purposes of this section the terms defined in this subsection have the meanings ascribed to them as follows:
(a) Charitable solicitor. "Charitable Solicitor" shall mean any person who requests donations, contributions, gifts, endorsements, signatures or other valuable considerations or distributes flyers, books, information or other objects in behalf of bona-fide tax-exempt organizations by traveling about the city in residential districts as defined by the zoning code. "Charitable or political solicitor" shall include persons promoting religious organizations or beliefs.
(b) Peddler. "Peddler" means any person with no fixed place of business who goes from house to house, from place to place or from street to street, carrying or transporting goods, wares or merchandise and offering or exposing the same for sale or making sales and deliveries to purchaser.
(c) Responsible official. "Responsible Official" shall mean the Chief of Police in reference to solicitor's licenses. It shall mean the Zoning Inspector in reference to temporary business licenses.
(d) Solicitor. "Solicitor" means any person who goes from house to house, from place to place or from street to street soliciting or taking or attempting to take orders for any goods, wares or merchandise, including books, periodicals, magazines or personal property of any nature whatsoever for future delivery. "Solicitor" does not include any person taking or attempting to take orders to be filled by goods, wares or merchandise delivered to the purchaser from other states.
(e) Temporary business. "Temporary Business" shall mean any place at which goods, wares, merchandise or services are sold or offered for sale, other than from a permanent structure duly approved for such use; and further means roadside stands and locations established within buildings and enclosed malls, such as tables or booths, including those erected for special events and shows, at which goods, wares, merchandise or services are sold or offered for sale or advertised.
(f) Transient merchant. "Transient merchant" means any person, firm or corporation who engages temporarily in the business of selling and delivering goods, wares or merchandise within the city, and who, in the furtherance of such purpose, hires, leases, uses or occupies any building, structure, vacant lot, motor vehicle, trailer or railroad car.
(Ord. 02-O-51, passed 11-4-2002)
(a) Persons desiring to solicit within the city shall apply for solicitor's license at the office of the Chief of Police. One application shall be made to authorize one or more persons to solicit within the city, provided that all such persons identified by the permit application are employed by the same person, firm or corporation.
(b) Persons desiring to operate temporary businesses shall apply for temporary business licenses at the office of the Zoning Inspector. One application shall be made to authorize one or more temporary businesses, provided that all such locations identified by the license application are owned and operated by the same person, firm or corporation. In the case of temporary businesses located in buildings or enclosed malls under the direction of a promoter or organizer of a show or special event, it shall be the responsibility of the promoter or organizer to apply for temporary business licenses.
(c) The application for a solicitor's license or temporary business license shall include the following information:
(1) The name and address of the applicant and of all persons associated with him or her in his or her business. The name(s) of the corporation(s), firm(s) or person(s) which the applicant proposes to represent; the name(s) of the person(s) who shall solicit or operate temporary businesses within the city and the name(s) of the person(s) having the management or supervision of the solicitors or temporary businesses; the local and permanent addresses of the aforementioned person(s); and the telephone numbers at which such person(s) can be reached; the name or identification of the applicant, and all persons associated with him or her in the business, shall include any other names or aliases which the individual has used or by which the individual has been known. In addition, the name and identification of any corporation, firm or person which the applicant proposes to represent or who will solicit or operate the business and/or have management or supervision of the solicitors, shall include any other names or aliases which the individual, corporation or firm has used or by which the individual, corporation or firm has been known;
(2) The type of business for which the license is desired but not to exceed six months for a solicitor's license or six weeks for a temporary business license;
(3) The place(s) in the city where the applicant proposes to carry on the licensee's business;
(4) The length of time for which the license is desired;
(5) A brief description of the nature of the business and the kinds of goods, services or property to be solicited or offered for sale by temporary businesses; and the manner in which such business shall be conducted;
(6) Evidence of a current vendor's license issued by the State of Ohio;
(7) The federal identification number of the applicant's business and the social security number(s) of the person(s) having the management or supervision of the business and of all solicitors or employees of temporary business identified on the license application;
(8) For temporary businesses, written permission of the owner of the site, and a site plan showing ingress and egress from the site, parking areas, merchandise set backs and locations of signs (except that temporary businesses located within buildings or enclosed malls shall not be required to provide such information for the purpose of this code);
(9) Whether or not the solicitors, peddlers or transient merchants or employees of temporary businesses named in the application have been convicted of a crime, misdemeanor or the violation of any municipal ordinance, the nature of the offense and the punishment assessed therefor;
(10) Credentials from the person, firm or corporation for which the applicant proposed to do business, authorizing the applicant to act as such representative;
(11) Upon the issuance of a license the applicant, and/or any representative of the applicant, shall submit to being photographed and fingerprinted by the Kirtland Police Department before commencing any solicitations, peddling or going upon residential property, or ringing a doorbell, or knocking on a door of a private residence, including an apartment, not having been first requested or invited to do so by the owner, occupant or lessee of such private residence or apartment;
(12) The place of residence of the applicant for the five years next preceding the date of application; and
(13) Such other reasonable information as to the identity or character of the persons named in the application or the method or plan of doing the applicant's business as the responsible official may deem proper to fulfill the purpose of this ordinance in the protection of the public good.
(Ord. 02-O-51, passed 11-4-2002)
The application shall be issued on payment of a fee as stated in the Fee Schedule in § 236.07 of the City of Kirtland Codified Ordinances, which amount shall be credited on the license fee if the license is granted. Every application shall bear the written approval or disapproval of the Chief of Police or Mayor after a review of the application and an investigation of the moral character of the applicant. If the application is approved, a license shall be issued by the Chief of Police or Mayor upon payment of the required fee.
(Ord. 02-O-51, passed 11-4-2002; Am. Ord. 17-O-20, passed 7-3-2017)
(a) This section shall not apply to sales made by commercial travelers or selling agents in the usual course of business with bona fide dealers, nor bona fide sales of articles by sample, for delivery at a future date, nor sales conducted pursuant to statute or by order of any court nor to bona fide auction sales conducted by an auctioneer duly licensed under the statute or by order of any court nor to bona fide auction sales conducted by an auctioneer duly licensed under the statutes of the State of Ohio, nor to persons selling or peddling the products of the farm or garden cultivated by him or her.
(b) The following persons are exempted from the requirements of §§ 824.04 and 824.05. Charitable solicitors, temporary businesses operated by and for tax-exempt organizations, and any other persons otherwise exempted by law. The following additional persons shall be exempted from the requirements of this chapter: persons selling newspapers, commercial travelers or selling agents calling upon commercial establishments in the usual course of business and real estate licensees.
(Ord. 02-O-51, passed 11-4-2002)
(a) Upon receipt of an application for a solicitor's or temporary business license, the responsible official shall cause such investigation of such person's or persons' business responsibility or moral character to be made as they deem necessary for the protection of the public good. If, as a result of such investigation, the applicant's character and business responsibility are found to be unsatisfactory, the application shall be denied.
(b) In the case of temporary businesses not located within a building or enclosed mall, the responsible official shall conduct an investigation relative to the proposed location of the temporary business. If, as a result of such an investigation, the responsible official determines that the proposed location will adversely affect the health, safety or welfare by causing or creating traffic hazard, traffic congestion or for any other reason, the application shall be denied.
(c) The responsible official shall keep a full record in his or her office of all licenses issued and shall submit a copy of such record to the Chief of Police and the Finance Director. Such licenses shall contain a license number, the date the same is issued, the nature of the business authorized to be carried on, the amount of the license fee paid, the expiration date of the license, the place where the business may be carried on under such permit, the name or names of the person or persons authorized to carry on the same. Within 30 working days of receipt of an application the responsible official shall either issue to the applicant the requested license or issue a written notice of denial and the reasons therefor.
Any license issued under the provisions of this section shall not authorize any person or persons, except the identical person or persons named in said license to engage in business thereunder and such license shall not be transferable.
(d) Every licensee under this chapter doing business in the city, upon making any sale of or taking any order for any goods, wares, merchandise, articles, things or services for future delivery shall deliver to and leave with the purchaser or person giving any such order a sales slip or copy of such order contract containing a description of the goods, wares, merchandise, articles, things or services ordered or contracted for, the agreed price thereof, the amount of all delivery charges thereon, the date for the future delivery thereof, the name and address of the solicitor and the name and address of the person, firm or company, if any, for whom the solicitor is acting.
(Ord. 02-O-51, passed 11-4-2002)
(a) Solicitor's licenses issued under the provisions of this ordinance shall expire six months after the date of issuance thereof unless a prior date is set therein.
(b) Temporary business licenses shall expire as determined by the Zoning Inspector and as shown on the licenses, but in no case later than six weeks after issuance.
(Ord. 02-O-51, passed 11-4-2002)
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