CODIFIED ORDINANCES OF WAKEMAN

PART SEVEN - BUSINESS REGULATION CODE

Chap. 741. Peddlers and Solicitors.

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CODIFIED ORDINANCES OF WAKEMAN

PART SEVEN - BUSINESS REGULATION CODE

CHAPTER 741

Peddlers and Solicitors

741.01Definitions.

741.02License required.

741.03License application and

requirements.

741.04License fees and term.

741.05Appeals.

741.06Carrying and exhibiting

license.

741.07Business hours restricted.

741.08License exceptions.

741.09Employee peddlers to be

licensed.

741.10Revocation of license.

741.99Penalty.

CROSS REFERENCES

Power to regulate - see Ohio R.C. 715.61

Home solicitation sales - see Ohio R.C. 1345.12 et seq.

Charitable solicitations - see Ohio R.C. 2923.22

Sales of goods and services within right of way of Interstate and other

State highways - see Ohio R.C. 5515.07

Retail sales license - see Ohio R.C. 5739.17

741.01 DEFINITIONS.

(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 as 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.

741.02 LICENSE REQUIRED.

No person, firm or corporation shall engage in the business or activity of peddler or solicitor in the Municipality without first obtaining a license as provided in this chapter. Each and every person peddling or soliciting shall meet the requirements of Section 741.03 and pay the fees set forth in Section 741.04.

741.03 BUSINESS REGULATION CODE 4

741.03 LICENSE APPLICATION AND REQUIREMENTS.

(a)Applications for licenses for peddlers or solicitors shall be filed with the Mayor or his designee on a form to be furnished by the Mayor or his designee, 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 applicants 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;

(8)That the applicant or his employer has complied with the requirements of Ohio R.C. Chapter 1716 pertaining to charitable solicitations, if applicable.

(b)The applicant shall furnish a recent photograph of himself not more than one year old. Such application shall be made at least forty-eight hours before the license is issued.

(c)If the Mayor or his designee 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.

741.04 LICENSE FEES AND TERM.

The license fee charged by the Mayor or his designee for the license required by this chapter shall be twenty-five dollars ($25.00) per year. All annual licenses issued under the provisions of this chapter shall expire on December 31 in the year when issued. Other licenses shall expire on the date specified in the license.

741.05 APPEALS.

Any applicant who has applied for a license in accordance with this chapter and to whom the Mayor or his designee has, after an investigation, denied a license may appeal to Council. Notice of such appeal shall be filed with the Clerk-Treasurer within five days after the denial by the Mayor or his designee. Such appeal shall be heard by Council at the next regular meeting and its decision shall be final.

741.06 CARRYING AND EXHIBITING LICENSE.

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.

741.07 BUSINESS HOURS RESTRICTED.

(a)No person shall peddle, solicit or conduct market research, door to door, at dwelling houses or business at random, on sidewalks or streets, at public places, at private meeting places or in any other manner or place in the Municipality between 5:00 p.m. and 9:00 a.m. or on any Sunday or holiday.

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(b)This section does not apply to invitees or national charitable corporations licensed to do business in Ohio with recognized periods for campaigns, provided the organizations have been licensed to solicit by the Mayor or his designee.

741.08 LICENSE EXCEPTIONS.

No license shall be required of a peddler or solicitor for the following:

(a)Soliciting only the purchase of or subscription for newspapers having their principal sales or distribution in this Municipality or in the County.

(b)Soliciting only for wholesale delivery to merchants, manufacturers or other business or manufacturing establishments.

(c)Peddling or soliciting at the invitation or request of the person contacted.

(d)Soliciting or peddling on behalf of and for any locally recognized religious, educational, civic or charitable organization, without compensation to the solicitor or peddler.

741.09 EMPLOYEE PEDDLERS TO BE LICENSED.

No person shall be hired by another to sell goods, wares, food, merchandise or services in the Municipality as a peddler unless such person so hired has been duly licensed as provided in this chapter.

741.10 REVOCATION OF LICENSE.

Any license issued under the provisions of this chapter may be revoked at any time by the Mayor or his designee, if the licensee is guilty of fraud, misrepresentation or any unlawful act in connection with his business or the application required under Section 741.03 or if the licensee violates any provision of this chapter.

741.99 PENALTY.

Whoever violates any provision of this chapter is guilty of a minor misdemeanor. Each day on which sales are conducted in violation of this chapter shall constitute a separate offense.