745.01 Definitions.
745.02 License required; fee; hours of business.
745.03 Selling goods from vehicles in the public right of way, or on occupied or unoccupied private property.
745.99 Penalty.
CROSS REFERENCES
Home solicitation sales - see Ohio R.C. 1345.21 et seq.
License revocation - see Ohio R.C. 2961.03
Charitable solicitations - see Ohio R.C. Ch. 1716
Frozen desserts - see Ohio R.C. 3717.51 et seq., HLTH. Ch. 1721
Adulterated food - see GEN. OFF. 537.13
Trespassing - see GEN. OFF. 541.05
Second-hand dealers - see BUS. REG. Ch. 727
Littering - see S.U. & P.S. Ch. 963
Handbills - see S.U. & P.S. 963.18
No-trespassing and no-dumping signs - see BLDG. 1391.02(k)
As used in this chapter:
(a) "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. For the purposes of this Chapter, "Goods" does not include beverages or ready to eat food sold by Mobile Food Vendors subject to Chapter 746 herein.
(b) "Services" means work or labor of every kind and description performed for the benefit of another.
(c) "Direct Solicitation" means solicitation for sale, or sale of Goods or Services by any person, at the home or residence of the buyer or prospective buyer or upon and across the streets or other public places in the City, or outdoors (open-air) on occupied or unoccupied private property. Direct Solicitation does not include solicitation or sales in which the buyer or prospective buyer initiated the contact between the parties for the purpose of negotiating a purchase nor to any solicitation or sale pursuant to a permit issued under the authority of Chapter 757.
(d) "Person" means an individual, corporation, business trust, estate, trust, partnership, association or cooperative, or any other legal entity.
(Ord. 141-19. Passed 4-2-19.)
(a) No Person shall engage in any Direct Solicitation without first having procured a license pursuant to this chapter, Chapter 701 and Chapter 1313, and without paying the corresponding fees, such as, but not limited to the following categories:
(1) A Person traveling on foot, fifty dollars ($50.00) per year;
(2) A Person traveling with a vehicle propelled by the Person, fifty dollars ($50.00) per year;
(3) A Person traveling with a vehicle propelled by power, one hundred dollars ($100.00) per year;
(4) Vendors of any Goods who sell outdoors (open-air) but not on or across the streets or other public places in the City, or who open or set up, for sales of any product, on or upon any occupied or unoccupied private property, shall pay a fee of one hundred dollars ($100.00) per location.
(b) No person shall engage in any Direct Solicitation within the corporate limits of the City during any part of a day prior to 8:00 a.m. or after 6:00 p.m., during the months of October through March, or during any part of a day prior to 8:00 a.m. or after 8:00 p.m., during the months of April through September.
(Ord. 141-19. Passed 4-2-19.)
(a) No Person shall sell or offer for sale Goods from vehicles, whether animal-drawn, human-propelled or motor driven, upon the streets of the City, without the proper license and unless such vehicle is stopped, parked or standing within twelve inches from the curbing of the street or highway and only then when such Goods are sold from the curbside of the street or highway.
(b) No Person shall sell or offer for sale Goods outdoors (open-air), on or upon occupied or unoccupied private property, without the proper license and without submitting, with the application for a license, a written and notarized statement of authorization from the owner of the property where the sales are to take place and only if such activity is not in violation with any provision of the Toledo Municipal Code.
(c) No Person shall demonstrate, sell or offer for sale, Goods from vehicles, or by hand on the street or sidewalks in the Central Business District (CBD) described in Chapter 301 of the Traffic Code or upon any park area owned or supervised by the City, where the City has previously by bid authorized operation by concessionaire.
(Ord. 141-19. Passed 4-2-19.)
Whoever violates any provision of this chapter is guilty of a misdemeanor of the fourth degree. Each day that any Person engages in selling any Goods without the proper license, as provided in this chapter, shall constitute a separate offense and, upon failure to obey, abide by or comply with a cease and desist order issued by the City Police, the City Police are authorized to confiscate the Goods and place the Goods in storage until a license, pursuant to this chapter, is obtained by the non-licensed party. Any and all costs incurred by the City in confiscating and storing any Goods being sold without a proper license, as provided in this chapter, will be assessed against the offending party and such Goods may be sold by the City, after completion of a two-week waiting period, to recover its costs.
(Ord. 141-19. Passed 4-2-19.)