CHAPTER 745

Peddlers and Itinerant Vendors

745.01 Definitions.
745.02 License required; exceptions.
745.03 Application; fees.
745.04 Itinerant retail dealers; fees.
745.05 Itinerant wholesale dealers; fees.
745.06 Revocation of license; refund.
745.07 Temporary locations.
745.99 Penalty.

CROSS REFERENCES

Power to regulate peddlers - see Ohio R.C. 715.61 et seq.
Power to regulate transient dealers - see Ohio R.C. 715.64
Selling merchandise from vehicle parked in metered zone - see TRAF. 353.10
Sidewalk sales or displays - see GEN. OFF. 517.03(f)
Trespassing - see GEN. OFF. 537.06
Posting bills without consent of owner - see GEN. OFF. 537.07


745.01 DEFINITIONS.
The following terms, conditions and phrases as used in this chapter, shall have the following meanings:

(a) "Hawker", "peddler" and "itinerant vendor" mean any person who sells, offers for sale, barters or exchanges any goods, wares, produce, merchandise or other articles of value at any place in, upon, along or through the streets, alleys or other public places, or from house to house within the City. This definition does not apply to any person who sells, offers for sale, barters or exchanges, at retail any fruits, vegetables, garden produce or other edible products.

(b) "Transient dealer" means any person who opens a store temporarily for the sale of goods, wares and merchandise or other article of value, or who purchases the entire stock of a merchant for the purpose of closing the same out at reduced prices.

(c) "Billposter" means any person who engages in the business of billposting, bill distributing, card tacking or distributing of advertising matter of any article or compound. This definition does not apply to the advertising of any article or compound which is manufactured or compounded within the City, nor does it apply to any person, operating, conducting a duly established business within the City.

(d) "Itinerant retail dealer" in fruits, vegetables or garden produce means any person who sells, offers for sale, barters or exchanges, from any vehicle or vehicles, any fruits, vegetables or garden produce at any place in, upon, along or through the streets, alleys or other public places or from house to house within the City at retail. This definition does not apply to any farmer, producer or any employee of a farmer or producer, of any fruits, vegetables or garden produce raised by such farmer, producer or employee, nor to any honorably discharged veteran who as served in any of the Armed Forces of the United States who is engaged in the business of selling or offering for sale fruits, vegetables or garden produce from a truck or other vehicle registered in his own name.

(e) "Itinerant wholesale dealer" in fruits, vegetables or garden produce means any person who sells or offers for sale, from any vehicle or vehicles, any fruits, vegetables or garden produce, to any person engaged in the business of selling at retail within the City, or to any person for the purpose of resale to any hotel, restaurant or eating place within the City. This definition shall not apply to, and no license shall be required from any farmer, producer or any employee of a farmer or producer, of any fruits, vegetables or garden produce raised by such farmer, producer or employee, nor to any permanent dealer who is serving regular customers upon substantially fixed routes and who is operating under a United States Department of Agriculture license (evidence of such permanence shall be prior activity of this nature for such period as indicates permanence), nor to any person who sells exclusively to or through, or who buys exclusively from, a duly accredited wholesale food establishment within the City, nor to any honorably discharged veteran who has served in any of the Armed Forces of the United States who is engaged in the business of selling or offering for sale fruits, vegetables or garden produce from a truck or other vehicle registered in his own name.
(Ord. 2002. Passed 5-17-47.)


745.02 LICENSE REQUIRED; EXCEPTIONS.

(a) No person shall engage in or carry on the business of a "hawker", "peddler", "itinerant vendor", "transient dealer", "billposter", "itinerant retail dealer", "itinerant wholesale dealer", "sign painter" or "secondhand dealer" without having procured a license therefor as hereinafter provided.

(b) This section shall not apply to a sign painter who is a resident of the City, to any person selling agricultural products of his production or the manufacture of any article manufactured by him, to sales by sample only, to any person selling newspapers, to any honorably discharged veteran who has served in any of the Armed Forces of the United States who is engaged in the business of selling or offering for sale fruits, vegetables or garden produce from a truck or other vehicle registered in his own name, and who has procured a license from the Auditor, or to any sales by societies, groups or organizations acting for charitable, religious or benevolent purposes.
(Ord. 2002. Passed 5-17-47.)


745.03 APPLICATION; FEES.

(a) The Mayor is hereby authorized to grant a license to any suitable person applying therefor upon payment of a fee of one dollar and fifty cents ($1.50) per day for "billposters", "sign painters" and "secondhand dealers"; twenty-five dollars ($25.00) per day for "hawkers", "peddlers" and "itinerant vendors", where the goods, wares or merchandise are carried by the person selling the same; and thirty-five dollars ($35.00) per day, where the goods, wares or merchandise are sold from vehicles drawn by hand or brute animals or from automobiles; and twenty-five dollars ($25.00) per day for "transient dealers".

(b) The Mayor shall issue a license for the period of one year, six months or three months from the date thereof to any suitable person applying therefor, for any or all of the purposes enumerated herein, except to a "transient dealer", upon payment of a fee of three hundred dollars ($300.00) for one year, two hundred dollars ($200.00) for six months or one hundred dollars ($100.00) for three months.

(c) All itinerant vendors must report to the Division of Police before a license is issued by the Mayor as provided herein and give their true name, address, the company they are representing and the product that is being offered for sale.

(d) Anyone refusing this information to the police or falsely representing such information shall be refused a license by the Mayor.
(Ord. 2186. Passed 12-15-51.)


745.04 ITINERANT RETAIL DEALERS; FEES.
The Mayor is hereby authorized to grant a license to "itinerant retail dealers" in fruits, vegetables or garden produce to any suitable person applying therefor upon payment of a fee of one dollars and fifty cents ($1.50) per day. The Mayor shall issue a license to any such person for a period of one year, six months, three months or one week from the date thereof, for the purposes enumerated in this chapter, upon payment of a fee of fifty dollars ($50.00) a year, thirty dollars ($30.00) for six months, twenty dollars ($20.00) for three months, or eight dollars ($8.00) for one week.
(Ord. 2002. Passed 5-17-47.)


745.05 ITINERANT WHOLESALE DEALERS; FEES.
The Mayor is hereby authorized to grant a license to "itinerant wholesale dealers" in fruits, vegetables or garden produce to any suitable person applying therefor upon payment of an annual license fee of one hundred dollars ($100.00).
(Ord. 2002. Passed 5-17-47.)


745.06 REVOCATION OF LICENSE; REFUND.
Any license may be revoked by the Mayor for cause, in his discretion, but in such case the pro rata part of the license fee for the unexpired term shall be returned to the licensee.
(Ord. 2002. Passed 5-17-47.)


745.07 TEMPORARY LOCATIONS.
No license shall be granted to any person for the occupation, by any structure, temporary or permanent, or by any vehicle, stand, booth or device of any kind, upon any of the streets or sidewalks of the City.
(Ord. 2002. Passed 5-17-47.)


745.99 PENALTY.
Whoever violates any of the provisions of this chapter shall be guilty of a misdemeanor of the third degree, and each day's continuance thereof shall constitute a separate offense.


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