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ORDINANCE NO. 3452
<br />
<br />BY: Mr. Fahrenbach
<br />
<br /> An emergency ordinance providing for the licensing of peddlers,
<br />hawkers, hucksters, transient dealers, itinerant vendors and all persons
<br />who temporarily open stores or places for the sale of goods, wares and
<br />merchandise in the city of Lakewood and repealing ordinance No. 3152
<br />and No. 3546 and all other ordinances or parts thereof inconsistent
<br />herewith.
<br />
<br /> Whereas, an emergency exists for the immediate preservation of
<br />the public property, peace and safety and to provide for the usual
<br />daily operation of the department of public safety, arising out of the
<br />need of the regulation of peddlers, hawkers, hucksters, transient
<br />dealers, itinerant vendors and all persons who temporarily open stores
<br />or places for the sale of goods, wares, and merchandise.
<br />
<br /> BE IT ORDAINED BY THE COUNCIL OF THE CITY OF IAKEWOOD, STATE OF
<br />OHIO, two-thirds of all members thereof concurring:
<br />
<br /> Section 1. That it shall be unlawful for any person to sell or
<br />offer for sale, barter or exchange any goods, wares or merchandise in
<br />any store or place in, upon, along or through the streets, alleys,
<br />avenues or public places within the city of Lakewood on Sunday or any
<br />legal holidays. All peddlers, hawkers, hucksters and transient dealers,
<br />before offering for sale, barter or exchange any goods, wares or
<br />merchandise in any store or place or upon the streets, highways or
<br />public places in the city shall first procure a license therefor from
<br />the director of public safety. Such applicant for such license shall
<br />pay therefor the following fees: $10.00 for a license and vehicle
<br />license plates covering a period of one year; $5.00 for license and
<br />vehicle license plates covering a period of six months, all licenses
<br />shall expire on December 31st of each year. Said licensee shall at
<br />all times have with him while exercising such calling said license
<br />and shall exhibit it to any police officer upon demand, and the
<br />vehicle used shall have attached thereto visible license plates on
<br />each side of said vehicle.
<br />
<br /> Section 2. That every person whether principal or agent who
<br />proposes to temporarily open a store or place for the sale of goods,
<br />wares and merchandise within the city of Lakewood shall before opening
<br />same and before offering for sale such goods, wares and merchandise,
<br />after having complied with the statutes of the state of Ohio, relative
<br />to obtaining a state license as itinerant vendor, shall exhibit such
<br />state license to the director of public safety and procure from him a
<br />local license to open such store or place or conduct such sale and
<br />shall thereupon pay to said director of public safety the sum of
<br />twenty-five dollars ($25.00).
<br />
<br /> Section 3. As used in this ordinance the words "itinerant
<br />vendor" shall mean and include all persons, both principals and agehts,
<br />who engage in or conduct, in this state, either in one locality or in
<br />traveling from place to place, temporary or transient business for the
<br />sale of goods, wares and merchandise, with the intent of continuing
<br />in such business in any one place for a period of not more than
<br />one hundred twenty (120) days, and who, for the purpose of carrying
<br />on such business, hires, leases or occupies either in whole or in
<br />part a room building or other structure for the exhibit or sale of
<br />such goods, ware~ and merchandise. (C.C. 6361).
<br />
<br /> As used in this ordinance the term "temporary store
<br />or place" shall mean a store or place opened and maintained for the
<br />sale to the public of goods, wares and merchandise where the seller
<br />or owner of such goods, wares and merchandise, operates such store
<br />or place for a period of less than one hundred twenty (120) days, and
<br />any such store or place which shall be opened, operated and maintained
<br />in this city from and after the date of the passage of this ordinance
<br />shall prima facie be presumed to be a temporary store or place
<br />within the meaning of this ordinance, but much presumption may be
<br />overcome by evidence satisfactory to the director of public safety
<br />
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