CROSS REFERENCES

Power to inspect food products - see Ohio R.C. 715.46

Power to regulate - see Ohio R.C. 715.61 et seq.

Charitable solicitations - see Ohio R.C. Ch. 1716

Littering - see GEN. OFF. 521.08

Trespassing - see GEN. OFF. 541.05

711.01 DEFINITIONS.

(a) "Canvassing" or "soliciting", unless expressly provided for otherwise, means traveling from residence to residence within the Municipality, without having a previous appointment to visit the residence or residences for the purpose of exposing or offering for inspection or sale, goods, wares, merchandise, food stuffs, or any other property, tangible or intangible, of any nature whatsoever, or services, or for the purpose of taking or attempting to take orders for the purchase of goods, wares, merchandise, food stuffs, or other property, tangible or intangible, of any nature whatsoever, for future delivery, or of services to be furnished or performed in the future.

(b) "Canvasser" or "solicitor" means any person who engages in canvassing or soliciting.

711.02 LICENSE REQUIRED.

No person shall canvass or solicit within the Municipality without first being issued a license by the Chief of Police. A separate license shall be obtained for every solicitor, agent, or employee soliciting within the Municipality.

711.03 BUSINESS REGULATION CODE 4

711.03 APPLICATIONS FOR LICENSE.

(a) Each applicant for a license shall furnish the Chief of Police with the following information on forms provided by the Municipality:

(1) Name, age and physical description of applicant;

(2) Date of birth of applicant;

(3) Complete permanent and local address of applicant;

(4) Name and address of the person, firm, corporation or association for whom the solicitation is presently being made and any other person, firm, corporation or association for whom the applicant has solicited during the past three years;

(5) A description of the nature of the business and the goods, services or wares to be sold or otherwise sufficient to identify the subject matter of the soliciting in which the applicant shall engage;

(6) The proposed dates and times of the solicitations and the routes to be followed in conducting same;

(7) Whether the applicant has ever been denied a license or permit to solicit or had such license or permit revoked, including the time and place of such denial or revocation; and

(8) Whether the applicant has ever been convicted of a felony violation or a misdemeanor violation involving moral turpitude including the time and place of such conviction.

(b) A nonrefundable fee in the amount of twenty-five dollars ($25.00) shall be submitted with each application provided for herein.

711.04 ISSUANCE OF LICENSE; DURATION.

The Chief of Police shall issue a license to the applicant unless he has determined:

(a) The applicant has made a false, misleading or deceptive statement in providing the information required under Section 711.03;

(b) The license shall be valid for a period not to exceed thirty days. No license issued hereunder shall be assigned or transferred to any other person.

711.05 RESTRICTIONS.

Every person to whom a license to solicit and/or canvass is issued or a person registered with the Chief of Police under the terms of this chapter shall be governed by the following rules and regulations:

(a) No person subject to the provisions of this chapter shall canvass or solicit except between the hours of 9:00 a.m. and 9:00 p.m., Monday through Saturday. In addition, no person shall canvass or solicit on Sunday or on any legal holiday as defined in Ohio R.C. 1.14.

(b) No canvasser or solicitor shall enter or attempt to enter the house or apartment of any resident in the Municipality without an express invitation from the occupant of the house or apartment.

(c) No canvasser or solicitor shall engage in or transact any type of business or solicitation other than that specified on the license application.

(d) No person shall canvass or solicit at any residence in the Municipality upon which there is posted a sign which reads, "No Peddlers or Solicitors Allowed" or words of similar import which clearly prohibit peddlers or solicitors on the premises, unless such peddler or solicitor is, or has been invited upon the premises by the owner, lessee or occupant thereof.

5 Peddlers and Solicitors 711.10

711.06 LIMITATIONS UPON SOLICITATION.

(a) No person shall sell or offer for sale, barter, exchange or solicit the purchase or gift of any goods, wares, merchandise or other articles of value, or offer services for hire within the Village in any area in which an authorized public exhibition is being held except as authorized by the exhibition permit holder.

(b) No person licensed pursuant to this chapter shall have any exclusive right to any location in the public streets, nor shall he be permitted a stationary location, nor shall he be permitted to operate in any congested area where his operations impede and inconvenience the public.

711.07 SALE FROM VEHICLES ON STREETS PROHIBITED.

No person, firm or corporation shall sell, offer for sale or otherwise exchange any product, goods or merchandise from a motor vehicle, push cart or tricycle on any public street or sidewalk within the Municipality, while such public street or sidewalk is open to normal public use unless approved by Council.

711.08 EXCEPTIONS.

The provisions of Sections 711.02, 711.03 and 711.04 shall not apply to:

(a) A duly authorized person soliciting the purchase of goods, wares, merchandise, funds or gifts on behalf of any recognized nonprofit, education, civic, religious, political or charitable organization. The aforementioned shall register with the Chief of Police, stating the name of the organization, the nature of the activity being conducted, the duration of such activity and shall furnish any other information deemed necessary by the Chief of Police.

(b) The solicitation by a newspaper carrier of customers for a newspaper which he regularly delivers or shall regularly deliver shall not be subject to the provisions of this chapter.

711.09 REVOCATION OF LICENSE.

(a) A license issued under this chapter shall be revoked by the Chief of Police for any of the following causes:

(1) It is subsequently determined that the licensee provided false, misleading or deceptive information in completing the application form set forth in Section 711. 03 or Section 711.05.

(2) The licensee is convicted of a felony violation or misdemeanor violation involving moral turpitude.

(3) The licensee is convicted of a violation of any provision of this chapter.

(4) The licensee canvasses or solicits in an unlawful manner or in such a manner as to constitute a menace to the health, safety or general welfare of the public.

(b) Written notice shall be given to the licensee by personal service or by certified mail immediately upon such revocation.

711.10 APPEAL PROCEDURE.

In the event an application for a license is not approved or in the event any license issued pursuant to the provisions of this chapter is revoked, written notice shall be given to the applicant or licensee by personal service or by certified mail. The applicant or licensee shall have ten days after the receipt of such notice to appeal such refusal or revocation. Such appeal shall be perfected by filing a notice of the appeal

711.10 BUSINESS REGULATION CODE 6

with the Mayor. The Mayor shall appoint a board of three Council members who shall review their refusal or revocation of license within ten days. The Board shall cause notice of its decision to be served upon the applicant or licensee by certified mail or personal service within fifteen days of the date of hearing.

711.99 PENALTY.

Whoever violates any provision of this chapter is guilty of a minor misdemeanor for a first offense, and for a second or subsequent offense, shall be guilty of a misdemeanor of the fourth degree.

CHAPTER 713

Yard Sales

713.01 Definition.

713.02 Conduct of yard sale.

713.03 Permit; fee.

713.99 Penalty.

CROSS REFERENCES

Authority for tax - see Ohio R.C. 5739.02 and 5739.024

715.01 DEFINITIONS.

For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(a) “Lodging accommodations” shall mean a room or rooms in any building or structure kept, used or maintained as or advertised or held out to the public to be an inn, motel, hotel, apartment hotel, lodging house, dormitory, or place, where sleeping, rooming, office, conference, or exhibition accommodations are furnished for lease or rent, whether with or without meals. Said definition does not included the right to occupy as a permanent residence.

(b) “Transactions” shall mean the rental or lease amounts paid for said lodging accommodations within the Village of Lisbon. (Ord. 1599. Passed 12-21-98.)

715.02 TAX ENACTED; IMPOSITION.

(a) A tax of six percent (6%) on transactions in which lodging accommodations are furnished to transients guests in hotels, motels, and rooming house in the Village shall be enacted.

(b) The tax shall be imposed immediately upon passage by Village Council and shall be collected on all transactions within the Village of Lisbon pursuant to Ohio R.C. 5739.02 and 5739.024. (Ord. 1599. Passed 12-21-98.)

715.03 DEPOSIT OF FUNDS.

Fifty percent (50%) of the revenue collected from said tax shall be deposited in a separate fund which shall be solely to make contributions to the Lisbon Chamber of Commerce. All of the remainder of the revenue from the tax shall be deposited in the general fund of the Village of Lisbon. (Ord. 1599. Passed 12-21-98.)

715.04 RESPONSIBILITY FOR COLLECTION.

The collection of said taxes at the transaction point shall be the responsibility of the owner, manager, or operator of the lodging accommodations. (Ord. 1599. Passed 12-21-98.)

715.05 BUSINESS REGULATION CODE 10

715.05 FILING RETURNS.

Every owner, manager, or operator of lodging accommodations within the Village shall file a tax return on a monthly basis with the Village Tax Department indicating receipts for lodging accommodations rented or leased in the preceding month. Forms for the return shall be provided by the Village. Failure to pay said taxes collected at the time due as prescribed by the Lisbon Village Tax Department shall result in a two percent (2%) penalty per month on the amount of the tax which remains unpaid.

(Ord. 1599. Passed 12-21-98.)

715.06 REGULATIONS.

The Village Council and Tax Department shall establish regulations necessary for the administration and allocation of said tax. (Ord. 1599. Passed 12-21-98.)