(a) Unless otherwise exempt, it shall be unlawful and a public nuisance for any person, entity, association or organization to place, operate, maintain or allow Donation Bins on real property unless the Operator first obtains a permit pursuant to this Chapter and the Donation Bin is placed, operated and maintained in accordance with all provisions in this Chapter. A Permittee Operator and owner at the time of the adoption of this Chapter shall have ninety (90) days from the effective date of this Chapter to comply with the provisions contained in this Chapter.
(b) The permit application shall be made on a form provided by the Commissioner and shall include the following information:
(1) The name, address, email, website (if available) and telephone number of the Donation Bin owner;
(2) The name, address, email, website (if available) and telephone number of the Operator;
(3) The name, address, email and telephone number of the Property Owner;
(4) The text of the disclosures that will be made on the Donation Bin as required by Section 762.05;
(5) A drawing sufficient to indicate the proposed location of the Donation Bin on the Property Owner's real property, as well as the size of the proposed Donation Bin;
(6) A letter of consent from the Property Owner indicating that the Operator has permission to locate the Donation Bin on the property;
(7) Written proof sufficient to establish that the Operator who will utilize the Donation Bin is qualified to solicit donations of salvageable personal property;
(8) A copy of a favorable Determination Letter issued by the Internal Revenue Service confirming the Operator's tax exempt status.
(9) Ohio Secretary of State Certificate of good standing for the Operator and Donation Bin owner if applicable.
(10) A valid Certificate of liability insurance evidencing at least One Million Dollars ($1,000,000) of general, automobile, umbrella and excess liability insurance coverage per occurrence, which Certificate shall also indicate that the City is a named insured with respect to such policy.
(c) Each application shall be accompanied by a nonrefundable fee in the amount established by City Council ordinance. This fee shall be in addition to any fee or tax imposed by the City pursuant to any other provision of this Code.
(d) Applications shall be filed with, and approved or denied by the Commissioner.
(e) Within thirty days of receiving a completed application, the Commissioner shall issue a permit or deny the issuance of a permit.
(f) The Commissioner shall not issue a permit unless:
(1) The applicant has submitted a complete and accurate application accompanied by the applicable fee and required documents listed in Section 762.03(b);
(2) The proposed location and placement of the Donation Bin on the Property Owner's real property is in compliance with all applicable laws and will not impede pedestrian, bicycle, or vehicular traffic.
(3) The Operator and owner of the Donation Bin are registered to conduct business in the State of Ohio (if applicable)
(4) The Property Owner has given written consent for the Donation Bin that is listed in the application to be located on the property.
(g) Permit issued hereunder shall be valid for one Donation Bin. Multiple Donation Bins shall have their own individual permits.
(h) The Commissioner shall provide the Permittee with a sticker that shall be placed on each Donation Bin that is subject to a permit pursuant to this Chapter.
(i) The term of the permit shall expire one year from the date of issuance.
(j) No person, entity, association or organization to whom a permit has been issued shall transfer, assign, or convey such permit to another person, entity, association or organization.
(k) Prior to expiration of the permit, the Permittee may voluntarily cancel the permit by notifying the Commissioner in writing of the intent to cancel the permit. The permit shall become void upon the Commissioner's receipt of a written notice of intent to cancel the permit. There will be no refunds of the permit fee. (Ord. 2019-033. Passed 3-19-19.)