737.01 DEFINITIONS.

   For the purpose of this Chapter the words and phrases defined in the sections hereunder shall have the meanings therein respectively ascribed to them, unless a different meaning is clearly indicated by the context.

   (a)    "Commercial Sales Promoter" shall mean any corporation, partnership, unincorporated association, organization, business, or trade of any kind that causes or permits any employee, agent, volunteer, independent contractor or sub-contractor thereof, to engage in peddling, soliciting or canvassing.

   (b)   “Charitable” includes the words patriotic, philanthropic, social service, welfare, benevolent, educational, civic, fraternal, veterans, medical and social research (either actual or purported).

   (c)   “Charitable organization” means an organization that has received from the Internal Revenue Service (IRS) a currently valid ruling or determination letter recognizing the tax-exempt status of the organization pursuant to Section 501(c)(3) of the “Internal Revenue Code”.

   (d)   "Peddler or Solicitor or Canvasser" shall mean and include any person, either as principal or agent, volunteer, independent contractor or sub-contractor, who goes from place to place, selling or offering to sell, barter, or carry for sale or barter, or exposing therefore, upon any street, road, alley, doorway, sidewalk, vacant lot(s) or other tract of land, any goods, wares, merchandise, samples, food or drink for human consumption, services or other commodity, carried by hand, from portable stands, tables, containers, display stands or any other materials brought to the location, to the consuming public whether or not the material is actually delivered at the time of sale.

   (e)   "Peddling or Soliciting or Canvassing" is the activity described in Section 737.01(d).

   (f)   "Consumer goods or services" shall mean goods or services purchased, leased or rented primarily for personal, family or household purposes.

   (g)   "Goods or Wares or Merchandise" shall mean tangible commodities such as products or materials that are intended to satisfy the want or need of a consumer or any skill or service that one seeks to sell.

   (h)   “Religious organization” means any church, body of communicants or group that is not organized or operated for profit that gathers in common membership for regular worship and religious observances.

   (i)    "Services" is the duty or labor to be rendered by one person to another.

   (j)    "Consumer Services" shall mean any kind of services offered to the public.

   (k)   "Place to Place" shall mean, progressing from one (1) street address to another street address to peddle, solicit or canvass.

   (l)    "Special Event" means any activity or gathering or assemblage of people upon the public right-of-way for which a permit has been issued by the City of Mansfield.

   (m)    "Business" shall mean dealings or transactions of an economic nature or enterprise or persons engaged in an occupation, business or industry.

   (n)   "Trade" shall mean the business or work in which one engages regularly.

      (Ord. 14-018. Passed 2-4-14.)

737.02 LICENSE REQUIRED.

   (a)   No person shall engage in the act of peddling, soliciting, or canvassing as defined in Section 737.01 within the City of Mansfield without first obtaining a commercial sales license to peddle, solicit, or canvass in accordance with the provisions of this Chapter.

   (b)   No corporation, partnership, unincorporated association, organization, or business of any kind, shall cause or permit any employee, agent, volunteer, independent contractor, or subcontractor thereof, to engage in the act of peddling, soliciting, or canvassing as defined in Section 737.01 within the City of Mansfield without first obtaining a commercial sales promoter's license in accordance with the provisions of this Chapter.

(Ord. 14-018. Passed 2-4-14.)

737.03 EXEMPTIONS.

   The following types of organizations and individuals selling goods, wares, merchandise, food or drink for human consumption, services or any other commodity on their behalf are not required to obtain a commercial sales promoter license under this section:

   (a)    State and local governmental departments, agencies and subdivisions, including public schools;

   (b)    State accredited private schools and academies;

   (c)    Civic, patriotic, and political groups, recreational, fraternal, charitable, religious or cultural organizations;

   (d)    Special events as defined in Section 737.01(l);

   (e)    A person who does not go place to place and who sells items they grow, raise or manufacture on private property. However, this person must be able to prove, preferably in writing, that he/she has permission from the property owner to sell.

   Any law enforcement officer may require individuals or organizations claiming any exemption to present evidence in support of such claimed exemption.

(Ord. 14-018. Passed 2-4-14.)

737.04 ORGANIZATIONAL LIABILITY.

   The organization sponsoring or employing individuals violating any of the provisions of Chapter 737 may be prosecuted and held liable for the criminal penalties contained herein.

(Ord. 05-271. Passed 12-20-05.)

737.05 LICENSE APPLICATION.

   In addition to other provisions of this Chapter, each applicant for a commercial sales or commercial sales promoter license shall file an application on forms provided by the Bureau of Building, Inspections, Licenses, and Permits. Applications shall contain the following information and or material:

   (a)   Commercial Sales.

      (1)   Name, address, telephone number, date of birth, social security number, copy of Sate issued drivers license or other government issued photo identification, if individual does not have a drivers license;

      (2)   Business name or DBA, address and telephone number, if different from above;

      (3)   Proof of Ohio Department of Taxation Itinerant Vendors License, if required;

      (4)   Any change in information required to be submitted by this Chapter must be provided by application within ten (10) calendar days of any such change;

      (5)   Any other information required or requested by the Bureau.

   (b)   Commercial Sales Promoter.

      (1)    Name, address, telephone number, date of birth, social security number, copy of Sate issued drivers license or other government issued photo identification, if individual does not have a drivers license;

      (2)    Business name or DBA, address, and telephone number, if different from above;

      (3)    Proof of Ohio Department of Taxation Itinerant Vendors License, if required;

      (4)    Any change in information required to be submitted by this Chapter must be provided by application within ten (10) calendar days of any such change;

      (5)    Any other information required or requested by the Bureau.

   (c)    In the case where any person applies for a commercial sales promoter license on behalf of any corporation, partnership, unincorporated association, organization, business or trade, such person shall provide the following:

      (1)    Name, address, telephone number, date of birth, social security number, copy of Sate issued drivers license or other government issued photo identification, if individual does not have a drivers license;

      (2)    Business name, address and telephone number;

      (3)    Proof of Ohio Department of Taxation Itinerant Vendors License under the business name, if required;

      (4)    A letter on business letterhead authorizing the act of licensing matters;

      (5)    Any change in information required to be submitted by this Chapter must be provided by application within ten (10) calendar days of any such change;

      (6)    Any other information required or requested by the Bureau.

         (Ord. 14-018. Passed 2-4-14.)

737.06 APPLICATION INVESTIGATION.

   The Bureau of Building, Inspections, Licenses, and Permits shall examine all applications filed under this Chapter and shall make, or cause to be made, any further investigation as is deemed necessary in order to perform duties prescribed by this Chapter. This includes, but is not limited to, obtaining a BCI record check from the Richland County Sheriff's Department for each individual or individual acting on behalf of any corporation, partnership, unincorporated association, organization, business or trade, applying for a license under this Chapter. Such record check shall be submitted to the Bureau by the applicant, at the time all other application documents are submitted. This record check will then be reviewed by the Mansfield Police Department.

(Ord. 14-018. Passed 2-4-14.)

737.07 LICENSE ISSUANCE, FEES, TERMS.

   (a)   Licenses required by this Chapter may be issued to applicants who:

      (1)   Have filed a complete application as required by Section 737.05 of this Chapter; and

      (2)   Are found to be in total compliance with all other applicable city, state and federal laws including having all other required licenses and permits; and

      (3)   Have made payment of the proper license fees; and

      (4)   Have submitted a BCI record check as required by Section 737.06 of this Chapter.

   (b)   Yearly licenses issued under this Chapter shall expire on the date one (1) year from the date of issue.

      (1)   Commercial sales license shall have an annual fee of one hundred fifty dollars ($150.00).

      (2)   Commercial sales promoter license shall have an annual fee of three hundred dollars ($300.00).

   (c)   Tri-annually licenses may be issued for the following periods and not to exceed four (4) months:

      (1)   January through April, May through August, September through December.

      (2)   Commercial sales or commercial sales promoter licenses tri-annually shall have a fee of seventy-five dollars ($75.00).

   (d)   An applicant may submit an application for a license no earlier than thirty (30) days in advance of the period during which a license is renewable.

   (e)   In addition to all fees referenced above, all applicants must pay all applicable fees in obtaining a BCI record check from the Richland County Sheriff's Department.

(Ord. 14-018. Passed 2-4-14.)