(a) License or Registration Required. No peddler or solicitor shall peddle or solicit within the City of Marietta, unless he or she is the holder of a valid license issued pursuant to this chapter.
(b) Application; Fee; License; Registration.
(1) Any person seeking a license in conformity with this chapter shall obtain an application from the Office of the Mayor of the City of Marietta, Ohio which shall contain the following information:
A. Full name of the applicant;
B. Date of birth of the applicant;
C. Local address, if any;
D. Permanent home address;
E. Social security number;
F. A description of the nature of the business and the goods, wares, merchandise, property and/or services to be sold;
G. Telephone number of the applicant;
H. Name and address of organization the peddler or solicitor represents;
I. 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;
J. Such other information as the Chief may require in order to protect the public health, safety and/or general welfare.
(2) The applicant shall submit a photo ID with physical description of the applicant, setting forth age, height, weight, color of hair and eyes, and sex.
(3) The applicant shall submit the completed application along with appropriate fee, proof of identification and a current BCI & I Web Check to the Office of the Mayor of the City of Marietta, Ohio. (Current is defined as a BCI & I Web Check completed within 30 days prior to the date of the application submission.)
(4) All license applications shall be referred to the Chief of Police who shall, within five (5) days after receipt of the completed application, report to the Mayor to issue a license unless the Chief of Police finds that:
A. The applicant has provided false, misleading or deceptive information in his application; and/or
B. The applicant or any solicitor or peddler named on the license application has been convicted of a felony violation or misdemeanor violation involving weapons, theft, moral turpitude or violence within the past five (5) years.
(5) Each applicant shall pay a nonrefundable license application fee of fifteen dollars ($15.00) which fee shall be paid at the time the application is submitted.
(6) Once issued, a license may be used only in conformity with the laws of the City and State of Ohio; may not be assigned or transferred; and may be revoked or suspended by the Mayor for any of the following causes:
A. The licensee or person preparing the application on behalf of the licensee provided false, misleading or deceptive information in the license application;
B. The licensee is convicted of a felony or of a misdemeanor involving fraud or moral turpitude; or
C. The licensee 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 is found to be true, the license of such solicitor or peddler shall be revoked.
(7) Each license issued hereunder shall be valid for a period of thirty (30) days from the date of its issuance and may be renewed for subsequent thirty (30) day periods upon the payment of the sum of ten dollars ($10.00) for each such renewal period and verification that the initial application information is still valid.
(c) Individuals or corporation soliciting or peddling on behalf of an educational, religious, civic or charitable organization and farmers or producers who are selling the product of their own farms shall be exempt from the provisions of Section 722.03(a) and Section 722.03(b). (Ord. 299(14-15). Passed 4-21-15.)
(d) Restrictions; Hours; Conduct. Every peddler, solicitor and canvasser, whether licensed or not, shall be governed by the following rules and regulations.
(1) No person subject to the provisions of this chapter shall peddle, solicit or canvass except between the hours of 9:00 a.m. and 9:00 p.m.
(2) No peddler, solicitor or canvasser shall enter or attempt to enter a residence, house, apartment or other dwelling in the City 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 license application.
(4) No peddler, solicitor or canvasser shall by any device make unlawful noises, nor shall any peddler, solicitor or canvasser remain at the residence, house, apartment or other dwelling in the City without the consent of any adult occupant of the residence, house, apartment or other dwelling in the City. (Ord. 253(16-17). Passed 4-6-17.)
(e) Resident Prohibition by Notice. Notwithstanding any other provision of this chapter, no peddler, solicitor or canvasser, while peddling, soliciting or canvassing, shall call upon, knock at the door or ring the doorbell of any residence, house, apartment or other dwelling in the City upon which there is posted at the entrance a notice which reads “No Peddlers, Solicitors or Canvassers Allowed” or words of similar import, which clearly prohibit peddlers, solicitors and canvassers on the premises, unless such peddler, solicitor or canvasser has previously been invited upon the premises by the owner, lessee or an adult occupant thereof.
(Ord. 299(14-15). Passed 4-21-15.)