741.01 Definitions.
741.02 License required.
741.03 Applications for license.
741.04 Issuance of license; duration.
741.05 Restrictions.
741.06 Limitations upon solicitation.
741.07 Sale from vehicles on streets prohibited.
741.071 Display for sale of household goods and furnishings from nonretail occupancies.
741.08 Temporary store.
741.09 Sale of Christmas trees. (Repealed)
741.10 Exceptions.
741.11 Revocation of license.
741.12 Appeal procedure.
741.13 Resident prohibition by notice.
741.99 Penalty.
CROSS REFERENCES
Power to inspect food products - see Ohio R.C. 715.46
Power to regulate - see Ohio R.C. 715.61 et seq.
Charitable solicitations - see Ohio R.C. Ch. 1716
Use of loudspeakers for advertising - see GEN. OFF. 509.10(b)(3)
Littering - see GEN. OFF. 521.08
Trespassing - see GEN. OFF. 541.05
Soliciting membership for protection - See BUS. REG. Ch. 765
As used in this chapter
(a) “Canvasser” means any person who obtains or seeks to obtain or influence the opinions of the residents of the City by traveling door to door, by foot, automobile, truck, or other type of conveyance, upon private residences, including any house, apartment or other dwelling in the City, but who does not obtain or seek to obtain funds for any cause whatsoever.
(b) “Director of Public Safety” includes a designee of the Director of Public Safety.
(c) “Peddler” means any person traveling, by foot, automobile, truck or other type of conveyance, from place to place, door to door or street to street, taking or attempting to take orders for profit by the sale of goods, wares and merchandise or personal property of any nature whatsoever, for immediate or future delivery or for services to be furnished or performed in the future.
(d) “Solicitor” means any person who obtains or seeks to obtain funds for any cause whatsoever by traveling door to door, by foot, automobile, truck or other type of conveyance, upon private residences including any house, apartment or other dwelling in the City.
(e) “Temporary store or place” means a store or place opened and maintained for the sale to the public of goods, wares, and merchandise where the seller or owners of such goods, wares and merchandise operates such store or place for a period of less than 120 days. Any such store or place which is opened, operated and maintained in this Municipality from and after the date of the passage of this section shall prima-facie be presumed to be a temporary store or place within the meaning of this chapter but such presumption may be overcome by evidence satisfactory to the Building Commissioner that it is not a temporary store, in which case the Building Commissioner shall not be required to impose a license fee.
(Ord. 4-11. Passed 6-20-2011.)
No peddler or solicitor shall peddle or solicit within the Municipality without holding a valid license issued by the Director of Public Safety. A separate license shall be obtained for every peddler or solicitor, agent or employee soliciting within the Municipality. Canvassers shall not be required to register or obtain a license.
(Ord. 4-11. Passed 6-20-2011.)
Each applicant for a license shall furnish the Director of Public Safety with the following information on forms provided by the Municipality:
(a) Name, age and physical description of applicant;
(b) Date of birth and social security number of applicant;
(c) Complete permanent and local address of applicant;
(d) Name and address of the person, firm, corporation or association for whom the solicitation is presently being made and any other person, firm, corporation or association for whom the applicant has solicited during the past three years;
(e) A description of the nature of the business and the goods, services or wares to be sold or otherwise sufficient to identify the subject matter of the peddling or soliciting in which the applicant shall engage;
(f) The proposed dates and times of the peddling or solicitations and the routes to be followed in conducting same;
(g) Whether the applicant or business has ever been denied a license or permit to peddle or solicit or had such license or permit revoked, including the time and place of such denial or revocation; and
(h) Whether the applicant has ever been convicted of a felony violation; a misdemeanor violation involving moral turpitude; or an “offense of violence” as defined by Section 501.01(i) of the Lakewood Codified Ordinances along with the time and place of such conviction.
A nonrefundable fee in the amount of thirty-five dollars ($35.00) shall be submitted with each application provided for herein.
(Ord. 4-11. Passed 6-20-2011.)
The Director of Public Safety shall issue a license to the applicant unless he has determined:
(a) The applicant has made a false, misleading or deceptive statement in providing the information required under Section 741.03;
(b) The applicant has been convicted of a felony violation; a misdemeanor violation involving moral turpitude; or an “offense of violence” as defined by Section 501.01(i) of the Lakewood Codified Ordinances during the past five years.
(c) Such license shall be valid for a period not to exceed six (6) months.
(Ord. 4-11. Passed 6-20-2011.)
Every person to whom a license to peddle or solicit is issued, or a person registered with the Director of Public Safety 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 canvass, peddle or solicit except between the hours of 9:00 a.m. and 9:00 p.m. or sunset, whichever is earlier, Monday through Saturday. In addition, no person shall peddle or solicit on Sunday or on any legal holiday as defined in Ohio R.C. 1.14.
(b) No canvasser, peddler or solicitor shall enter or attempt to enter the house or apartment of any resident in the Municipality without an express invitation from the occupant of the house or apartment. (Ord. 48-12. Passed 11-5-2012.)
(a) No person shall sell or offer for sale, barter, exchange or solicit the purchase or gift of any goods, wares, merchandise or other articles of value, or offer services for hire within the City in any area in which an authorized public exhibition is being held as defined in Section 725.01 except as authorized by the exhibition 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. 4-11. Passed 6-20-2011.)
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