(a) "Itinerant retailers" (vendors) of food are exempt from the requirements of this Chapter provided they comply with the provisions of the Ohio Revised Code Chapter 3717, and, further, go to the Massillon City Health Department for all necessary inspections and licensing. The "itinerant retailers" (vendors) of food must then provide the City of Massillon Administrative Offices (Mayor's/SSD Office) with a copy of a valid and unexpired mobile food or temporary food license. All "itinerant retailers" (vendors) of food who have obtained a mobile food or temporary food license shall be required to register with the City of Massillon Administrative Offices (Mayor's/SSD Office) but shall be exempt from payment of the permit fee.
(b) No "itinerant retailer" shall stop his or her motor vehicle on the street or highway of the City of Massillon for the purpose of offering to sell anything of value. Exempted from the section shall be ice cream trucks falling within the purview of Ohio Revised Code Chapter 3717. For the purpose of this section, street or highway shall include those portions of the street or highway commonly referred to as the shoulder.
(c) No license shall be required of a farmer or producer who is selling the product of his own farm, or of a bona-fide representative of a charitable, church or religious organization who is selling exclusively books or tracts published by a religious group or other goods or merchandise sold in connection with an appeal to charitable or religious purposes, such latter class of sales being governed by the registration requirements.
(d) Persons holding sales of used personal property on or within their premises shall be exempted from application of this Chapter. Personal property shall mean property which is owned, utilized and maintained by an individual or members of his/her residence and acquired in the normal course of living in or maintaining a residence. It does not include merchandise which was purchased for resale or obtained on consignment.
(e) Provisions of this Chapter shall not be applicable to fund raisers or other activities sponsored by governmental, charitable, religious or educational organizations which hold a 501 (c) (3) federal income tax exemption.
(Ord. 209-2002. Passed 11-18-02.)