709.01 DEFINITIONS.
   As used in this chapter:
   (a)   "Charity" and "Charitable Organization" means:
      (1)   Any organization that has a current registration statement on file with the Ohio Attorney General in compliance with Chapter 1716 of the Ohio Revised Code ("R.C."),
      (2)   Any organization exempt from filing a registration statement pursuant to one or more of the exemptions set forth in subsections (A) through (F) of R.C. §1716.03, and
      (3)   Any organization exempt from filing a registration statement pursuant to subsection (G) of R.C. §1716.03, but only if the person asserting exemption demonstrates that the organization is a charitable organization as defined in R.C. §1716.01(A) and that its activities regulated under this Chapter are primarily in furtherance of a bona fide charitable purpose as defined in R.C. §1716.01(B) or (C).
   (b)   "Charitable soliciting" means the act of directly requesting money, property, financial assistance, or any other thing of value on the plea or representation that such money, property, financial assistance, or other thing of value or a portion of it will be used for a charitable purpose or will benefit a charitable organization.  Charitable soliciting includes itinerant sales conducted to benefit a charity.  Charitable soliciting does not include activity the primary purpose of which is to express or disseminate political or religious viewpoints, or to engage residents in discussion of public issues, provided that no appeal for money is made.  The offer for sale of political or religious texts or media in conjunction with activity that is not otherwise charitable soliciting does not bring the activity within the purview of this Chapter if the sale is solely to recover the cost of the texts or media.
   (c)   "Directly," for the purposes of this Chapter, means face-to-face verbal communication.
   (d)   "Dine-In Restaurant" means an establishment selling food and beverages prepared and served for consumption on the premises, with a furnished dining room used for that purpose.
   (e)   "Door-to-Door" means:
      (1)   The act of serially approaching residential dwelling units and attempting to engage the occupants thereof in any dialog or transaction, and
      (2)   Operating a motor vehicle that is identified by lights, sound devices, or signage indicating that the vehicle will stop and sell to pedestrians.
   (f)   "Itinerant Sales" means the act of selling goods or services:
      (1)    Door-to-Door,
      (2)    From a stationary position in any public right-of-way, public park or public ground, or in an outdoor area on private property that is open to the public.
      (3)   From a motor vehicle (including a food truck), trailer, tent or other mobile vending cart or device stopped in, parked in, or otherwise using or occupying any public right-of-way, public park or public ground, or in an outdoor area on private property that is open to the public. 
   (g)   "Goods" means durable as well as perishable items including food and beverages such as frozen desserts or prepared meals.
   (h)   "Misdemeanor involving Misconduct with Minors" means any violation of Sections 533.03, 533.04(a)(4), 533.07(b), 533.11, 533.12, 533.13, 537.16(b), 537.17 or 537.18 of these Ordinances, or cognate offenses in the Ohio Revised Code or the ordinances of any other municipality.
   (i)   "Misdemeanor Theft Offense" means violation of any of the provisions contained in Chapter 545 of these Ordinances, or cognate offenses in the Ohio Revised Code or ordinances of any other municipality.
   (j)   "Personal soliciting" means directly requesting money, property, financial assistance, or any other thing of value from another person expressly for one's own benefit.  Personal soliciting includes ancillary activity designed to sublimate the request by associating it with persons other than the requestor, the conduct of surveys or interviews, the exchange of tokens of nominal value, or the performance of music, art, crafts, card tricks, games or feats of any sort.  Personal soliciting does not include activity the primary purpose of which is to express or disseminate political or religious viewpoints, or to engage residents in discussion of public issues, provided that no appeal for money is made. 
   (k)   "Selling" means interpersonal communication designed to encourage a person to buy, or to enter into a contract for the purchase of goods or services, even if the sale or contract will be made or entered into at some other time or place.
   (l)   "Selling goods or services" includes selling items from stock on hand, taking orders for products or services to be delivered at a later date, and selling or taking orders for intangible products or services that may not be physically delivered. 
   (m)   "Services" expressly includes, but is not limited to insurance, legal services, real estate services, home repair, remodeling or construction services, magazine subscriptions, subscriptions for cellular telephone, telecommunications, natural gas and other utility products, fuel, landscaping, and other home maintenance services.
   (n)   "Soliciting" means Charitable Soliciting and Personal Soliciting, collectively. 
      (Ord. 2018-67.  Passed 5-21-18.)