(a) No peddler or solicitor shall peddle or solicit within the Village, unless he or she is the holder of a valid permit issued pursuant to this chapter.
(1) The peddler or solicitor must be in actual possession of said permit; it must be displayed on their person in a way that makes it readily discernible to the property owner or the general public.
(b) Application; Fee: Permit.
(1) Any person seeking a permit in conformity with this chapter shall obtain an application from the Police Department or Village Administrator and shall submit the completed application with a valid driver's license or ID card, and a BCI background check to such department on a form supplied by the Chief of Police which shall contain the following information:
A. Full name of the applicant.
B. Date of birth of the applicant.
C. A physical description of the applicant, setting forth age, height, weight, color of hair and eyes, and gender.
D. Local address, if any.
E. Permanent home address.
F. Taxpayer identification number for tax purposes.
G. A description of the nature of the business and the goods, wares, merchandise, property, and/or services to be sold or, as applicable, the reason for soliciting funds.
H. Telephone number of the applicant.
I. An indication of the streets to be peddled or solicited along with dates and hours of peddling or solicitation for each respective street or area.
J. Whether the applicant has ever been convicted of a crime and, if so, where and the nature of the offense and the punishment or penalty imposed therefor, if any or whether the applicant has ever had a license issued by any authority revoked and the reason for said revocation.
K. If the applicant is a juvenile, in addition to providing the information in subsections (b)(1)A. through J. above, the applicant must also list the name(s) of his or her parent(s) and/or legal guardian(s), an emergency contact telephone number for same and provide written proof of their consent to the activity. These requirements are waived upon written proof of emancipation.
(2) Each applicant shall pay a non-refundable permit application fee of twenty dollars ($20.00) in addition to the cost of the criminal background check. The fee shall be paid to the Village Administrator at the time the application is submitted. Juveniles shall be exempt from said fee. No juveniles shall be issued a permit without an adult applicant obtaining said permit and listing all information required in subsections (b)(1)A. through K. above, for each juvenile under his or her charge.
(3) All permit applications shall be referred to the Village Administrator, who shall, within five days after receipt of the completed application, issue permits to the solicitors or peddlers unless he or she finds that:
A. The applicant has provided false, misleading or deceptive information in his or her application; and/or
B. The applicant or any solicitor or peddler named on the permit application has been convicted of a felony violation or misdemeanor violation involving fraud or moral turpitude within the past five years.
(4) Any permit issued under this chapter shall be valid for not more than 180 days.
(5) A separate permit shall be required for each individual solicitor or peddler even though there may be a single employer.
(6) Once issued, a permit may be used only in conformity with the laws of the Village and the State of Ohio; may not be assigned or transferred; must be carried by the permittee at all times; and may be revoked or suspended by the Village Administrator or Chief of Police for any of the following causes:
A. The permittee or person preparing the application on behalf of the permittee provided false, misleading or deceptive information in the permit application.
B. The permittee is convicted of a felony or of a misdemeanor involving fraud or moral turpitude.
C. The permittee 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 if found to be true, the license of such solicitor or peddler shall be revoked.
(7) In the event a license application is not approved, or in the event any license issued pursuant to the provisions of this chapter is revoked, written notice shall be given to the applicant or licensee by personal service or certified mail. The applicant or licensee shall have ten (10) days after the receipt of such notice to appeal such refusal or revocation. Such appeal shall be perfected by filing a notice of appeal with the Mayor, who shall notify the applicant of his or her decision in writing within ten (10) days after receipt of such notice of appeal unless the applicant or licensee agrees to a longer period of time.
(c) Restrictions; Hours; Conduct. Every person, whether a peddler or solicitor, shall be governed by the following rules and regulations:
(1) No person subject to the provisions of this chapter shall peddle or solicit anywhere within the Village except between the hours of 10:00 a.m. and 7:00 p.m., Monday through Saturday. No person shall peddle or solicit on Sunday or any legal State or Federal holiday.
(2) No peddler or solicitor shall enter or attempt to enter a residence, house, apartment or other dwelling in the Village 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 permit application.
(4) No peddler or solicitor shall by any device make unlawful noises, nor shall any peddler or solicitor remain at the residence, house, apartment or other dwelling in the Village without the consent of an adult occupant of the residence, house, apartment or other dwelling in the Village.
(d) Individuals or corporations soliciting or peddling on behalf of an educational, religion, civic or charitable organization and door-to-door salespersons in interstate commerce shall not be required to pay a fee, but do need a license.
(Ord. 14-11. Passed 5-19-14.)