CHAPTER 719
Temporary Sales and Direct Solicitation
Temporary Sales and Direct Solicitation
719.01 Definitions.
719.02 Registration and permit required.
719.03 Registration application.
719.04 Registration fee; issuance; exception.
719.05 Issuance or permit; display.
719.06 Addition requirements for temporary sales.
719.07 Additional requirements for direct solicitation.
719.08 Municipality to post signs advising required registration.
719.09 Revocation of permit.
719.10 Appeal of registration revocation/denial.
719.11 Non-transferability.
719.12 Hours; business on Sunday prohibited.
719.13 Non-applicability.
719.14 Prohibitions.
719.15 No solicitation list.
719.99 Penalty and enforcement.
CROSS REFERENCES
Power to regulate - see Ohio R.C. 715.51, 715.61
Disturbing the peace - see GEN. OFF. 509.03
Gambling - see GEN. OFF. Ch. 517
Slugs - see GEN. OFF. 545.11
719.01 DEFINITIONS.
For the purposes of this Chapter the following terms have the meanings set forth:
(a) "Temporary Vendor" means any person who makes or offers to make temporary sales.
(b) "Temporary Sales" means the selling, taking or attempting to take orders for purchases of goods, wares and merchandise, services or tangible personal property of any nature whatsoever, whether or not for future delivery and whether or not the vendor has, or exposes for sale, the subject of such sale, or whether or not the vendor is collecting advance payments of such sales, where such sales take place at or from a temporary sales location.
(c) "Temporary Sales Location" means any location including but not limited to parking lot, empty lot, field, store, office, house, or building, in or at which sales, as described above in subsection (b) occur and which the vendor occupies for a period not exceeding ninety (90) consecutive days. "Temporary Sales Location" includes locations at which the vendor makes sales from a vehicle, trailer, cart or similar mobile structure or device regardless of the time period.
(d) "Person" means any individual, firm, business, organization, association, corporation, other legal entity or any one doing business on behalf of the foregoing.
(e) "Goods" means all personal property of every kind and description and also includes chattels, fixtures and goods which at the time of sale or subsequently thereto are so affixed to realty as to become part thereof whether or not separable therefrom.
(f) "Services" means work or labor of every kind and description performed for the benefit of another.
(g) "Direct solicitation" means solicitation for sale, offer of sale, or sale of goods or services by any person at the home or residence of the buyer or prospective buyer whether the goods or services are provided immediately or at some future time.
(h) "Sunset" means sunset in or about Norwalk, Huron County, Ohio, as determined by the United States Naval Observatory and listed in the office of the Safety/Service Director.
(Ord. 2018-003. Passed 1-16-18.)
719.02 REGISTRATION AND PERMIT REQUIRED.
No person shall engage in direct solicitation or temporary sales within the City unless such person shall have first registered with the City and shall have first obtained a permit as hereinafter provided. (Ord. 2018-003. Passed 1-16-18.)
719.03 REGISTRATION APPLICATION.
(a) Any person desiring to engage in direct solicitation or temporary sales within the City shall apply to the Safety/Service Director and shall make written application on a form to be provided by the City, which form shall correctly and truthfully contain the following information about the applicant:
(1) Name, age and Ohio driver's license number or identification number;
(2) Permanent home address and full local address;
(3) Birth date, height, weight, color of eyes, color of hair and physical description;
(4) A description of the nature of the business and the goods or services to be sold;
(5) The name, address, and telephone number of the employer, together with credentials establishing the exact relationship;
(6) The length of time for which the business is expected to be conducted;
(7) The place where the goods or the property proposed to be sold are manufactured or produced and the location of the goods or products at the time the application is filed, along with the proposed method of delivery and the anticipated date of delivery;
(8) A statement as to whether or not the applicant has been convicted of any felony or misdemeanor and, if any, the nature of the same and the penalty therefor, and the date and location of said conviction;
(9) The make, model, year and current registration of any motor vehicle used or to be used in the business;
(10) A description of any cart, trailer, vehicle or temporary structure to be used in the business;
(11) The names, addresses and telephone numbers of two personal references who are acquainted with the applicant and who would be willing to submit, upon request, a statement of the character of the applicant;
(12) A description of the method of marketing of the product or service, including a description of the sales brochure, if any, utilized in such marketing;
(13) If the application is for Temporary Sales, the proposed location at which the Temporary Sales will be made. If the applicant proposes to conduct Temporary Sales in a mobile fashion, the application shall include the proposed route the applicant will follow in making the Temporary Sales.
(14) If the application is for direct solicitation, the place, places or area of the City in which the solicitation will be conducted.
(b) The applicant shall, at the time of application, provide proof of identity through government issued photo identification. The following are acceptable proof of identity:
(1) Passport;
(2) Driver's License;
(3) State Identification Card.
(Ord. 2018-003. Passed 1-16-18.)
719.04 REGISTRATION FEE; ISSUANCE; EXCEPTION.
(a) The registration application shall be filed by the applicant, who shall attest to the truthfulness of the statements contained therein. The application shall be accompanied by a fee to be set by the Director of Safety/Service to compensate the City for the costs incident to the issuance of the registration and administering this Chapter.
(b) Except as provided in paragraph (c) of this Section, upon receipt of the application and fee, the temporary sales or direct solicitation permit shall normally be issued by the Safety/Service Director or his designee within fourteen days from the filing of the application. The time period for issuance of the permit may be extended when, in the opinion of the Safety/Service Director, additional time is required to verify the contents of the application and the applicant's qualifications under this Chapter. The permit shall be valid for a period of six months from and after the date of the issuance thereof.
(c) The Director of Safety/Service shall not issue a permit if:
(1) The application is incomplete;
(2) The applicant has had a temporary sales permit or direct solicitation permit denied or revoked within the last five (5) years;
(3) The applicant has been convicted of any felony or misdemeanor offense of theft or violence, or any violation of R.C. Chapter 2907 or the equivalent provisions of the United States or any other state within the past five (5) years;
(4) The applicant advocates or belongs to a group that advocates the overthrow of the government of the United States of America by violent means; or
(5) The application contains false information.
(Ord. 2018-003. Passed 1-16-18.)
719.05 ISSUANCE OR PERMIT; DISPLAY.
The City shall, upon approved application, issue to the applicant a temporary sales or direct solicitation permit in a form to be prescribed by the Safety/Service Director or his/her agent, indicating thereon the registration of the applicant and the dates during which the permit is valid. The temporary sales permit shall be prominently displayed at the temporary sales location at all times during which temporary sales are being conducted or the temporary sales location is open for business, and shall be displayed to anyone for examination upon his or her request. The direct solicitation permit shall be worn and prominently displayed by the applicant at all times direct solicitation is being conducted and shall be displayed to anyone for examination upon his or her request. (Ord. 2018-003. Passed 1-16-18.)
719.06 ADDITION REQUIREMENTS FOR TEMPORARY SALES.
In addition to all other requirements of this Chapter, persons engaging in temporary sales shall comply with the following:
(a) Temporary Sales may be conducted only in districts zoned B-1, B-2, B-3, B-4, MB, M-1 and M-2.
(b) In no event shall Temporary Sales be conducted in any residential zone.
(c) Temporary sales shall be conducted only upon issuance of a Temporary Sales Permit.
(d) No Temporary Sales Permit shall be issued unless the application is accompanied by a written statement, signed by the owner of the property upon which the temporary sales will occur, granting permission to the applicant to conduct temporary sales. In the event said owner should revoke the permission, the Temporary Sales Permit shall immediately terminate unless transferred to another site by the safety/Service Director.
(e) The Temporary Sales Permit shall be issued for periods not to exceed ninety (90) consecutive days. A maximum of three (3) Temporary Sales Permits may be issued for any particular location during any twelve (12) month period. Except in the case of festivals approved by the City, no more than one (1) Temporary Sales Permit shall be issued for any single lot or location at any given time.
(f) The Temporary Sales Permit shall be prominently displayed on the site of the temporary sales during all periods of operation.
(g) No temporary sales permit shall be issued for any temporary sales location in a closed-off area as that term is defined in Section 311.07.
(h) All temporary vendors involved in the sale or offering for sale of food or food products shall comply with all regulations of the Huron County General Health District.
(i) All temporary vendors shall register with the City income tax department and otherwise comply with Chapter 181 of the Norwalk Codified Ordinances.
(Ord. 2018-003. Passed 1-16-18.)
719.07 ADDITIONAL REQUIREMENTS FOR DIRECT SOLICITATION.
(a) All direct solicitation involving the sale or offering for sale of food or food products shall comply with all regulations of the Huron County General Health District.
(b) All persons engaged in direct solicitation shall register with the City income tax department and otherwise comply with Chapter 181 of the Norwalk Codified Ordinances.
(c) Direct solicitation shall be conducted only between the hours of 09:00 a.m. and sunset or 08:00 p.m., whichever is earlier, Mondays through Saturdays.
(d) Direct solicitation shall only be conducted the hours of 12:00 noon and sunset or 08:00 p.m., whichever is earlier, on Sundays.
(Ord. 2018-003. Passed 1-16-18.)
719.08 MUNICIPALITY TO POST SIGNS ADVISING REQUIRED REGISTRATION.
The City shall cause to be posted at the corporate limits of the City upon all highways entering the City, an appropriate sign indicating the necessity of registration by direct solicitors and temporary vendors.
(Ord. 2018-003. Passed 1-16-18.)
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