731.01 Definitions.
731.02 License required.
731.03 License application and requirements.
731.04 License fees and term.
731.05 Carrying and exhibiting license.
731.06 Business hours restricted.
731.07 License exceptions.
731.08 Notice of do-not-solicit.
731.09 Prohibition by occupant.
731.10 Employee peddlers to be licensed.
731.11 Appeals.
731.12 Revocation of license.
731.13 Unsolicited written materials.
731.99 Penalty.
CROSS REFERENCES
Power to inspect food products - see Ohio R.C. 715.46
Power to regulate - see Ohio R.C. 715.61 et seq.
Home solicitation sales - see Ohio R.C. 1345.21 et seq.
Charitable solicitations - see Ohio R.C. Ch. 1716
Frozen desserts - see Ohio R.C. 3717.51 et seq.
Littering - see GEN. OFF. 521.08
Trespassing - see GEN. OFF. 541.05
(a) "Peddler" means any person who carries with him for the purpose of sale at retail and immediate or future delivery, goods, wares, food or merchandise, or any person who in person or principal or agent canvasses, sells or otherwise obtains orders or commitments for the sale, repair or exchange of goods, wares, food or merchandise or services.
(b) "Solicitor" means any person who obtains or seeks to obtain funds for any cause whatsoever by means of canvassing from place to place.
(c) "City Manager" means the City Manager of Union, Ohio or his designee.
(d) “Canvassing”, “Canvassers” and “Canvass” means the house-to-house distribution of ideas, pamphlets, literature or the collection of signatures or support for any purpose or cause. This definition does not include solicitation, peddling or vending as those terms are defined in this section. This definition includes requesting contributions when such requests are made in conjunction with the house-to-house distribution of ideas, pamphlets, literature or the collection of signatures or support for any purpose or cause. This definition includes both “Contact Canvassers” and “Non-Contact Canvassers” as defined in subsections (d)(1) and (d)(2) hereof.
(1) “Contact Canvassers” and “Contact Canvassing” mean those persons who canvass, as defined in subsection (d) hereof through in person, face-to-face contact, verbal or otherwise, with individual residents.
(2) “Non-contact Canvassers” and “Non-Contact Canvassing” means those persons who canvass, as defined in subsection (d) hereof, without attempting in person, face-to-face contact with individual residents, such as the distribution of leaflets and/or pamphlets by leaving them at a place of residence.
(e) “Charitable” means and incl udes the words patriotic, philanthropic, social service, welfare, benevolent, educational, fraternal or any agency created for the purpose of supporting health research or health measures, either actual or purported.
(f) “Contribution” means the gift, sale for less than market value or purpose for more than market value of alms, food, clothing, money or property, including donations under the guise of a loan of money or property or the rental thereof for any charitable, religious or political use or purpose.
(g) “Persons” means any firm, co-partnership, corporation, company, association, joint stock association, church, religious sect, religious denomination, society, organization or league, and includes any trustee, receiver, assignee, agent or other similar representative thereof.
(h) “Political” and “Political Organization” shall not mean or include the term “charitable”. Such terms shall be given their commonly accepted definitions. It is not necessary that a person be a candidate for an office or in support of another person as a candidate to be included within the definition of “political” or “political organization”.
(i) “Religious” and “Religion” shall not mean and include the term “charitable”. Such terms shall be given their commonly accepted definitions.
(j) “Vendor” means a person who transfers property by door-to-door sale.
(Ord. 1541. Passed 7-9-12.)
(a) No person, firm or corporation shall engage in the business or activity of peddler or solicitor in this Municipality without first obtaining a license as provided in this chapter. Each and every person peddling or soliciting must meet the requirements of Section 731.03 and pay the fees set forth in Section 731.04.
(b) This requirement is subject to the exceptions for tax exempt organizations, for public issues, political issues and candidates as set forth in Section 731.06(b).
(Ord. 1541. Passed 7-9-12.)
(a) Applications for licenses for peddlers or solicitors shall be filed with the City Manager on a form to be furnished by the City Manager, which shall require, at least, the following information:
(1) The name of the applicant and his physical description;
(2) The home address of the applicant and his social security number;
(3) The name and address of the person by whom the applicant is employed or for whom he is soliciting;
(4) The length of the applicant's service with such employer or person for whom he is soliciting;
(5) All places of residence of the applicant and all employment during the preceding year;
(6) The nature and character of the goods to be sold or services to be furnished by the applicant or the purpose for which funds are being solicited;
(7) The names of other municipalities in which the applicant has recently conducted activities for which a license is herein required;
(b) The applicant shall furnish a recent photograph of himself not more than one year old. Such applications shall be made at least forty-eight hours before the license is issued.
(c) If the City Manager determines after an investigation, that the information furnished under the requirements of subsection (a) hereof is correct, the applicant proposes to engage in lawful commercial or professional enterprise and neither the applicant nor the enterprise upon which the applicant proposes to engage constitutes a clear and present danger to the residents of the Municipality, he shall issue a license to the applicant.
(Ord. 1541. Passed 7-9-12.)
The license issued under the provisions of this chapter shall be carried by any peddler or solicitor at all times when peddling or soliciting and shall be exhibited to any person being solicited, and, on request, to any police officer.
(Ord. 1541. Passed 7-9-12.)
Loading...