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ORDINANCE NO. 85-68 BY: Mzssrs. Graber, Huffman, Kelley, <br /> Usher, Ward, Wendling, Gaydos <br /> <br />AN EMERGENCY ORDINANCE to amend and supplement Section 741.05 of the Business <br />Regulation Code of the Codified Ordinances of the City of Lakewood relating <br />to the sale of Christmas Trees. <br /> <br />WHEREAS, This ordinance constitutes an emergency measure providing for the <br />usual daily operation of municipal departments and for the immediate preserva- <br />tion of ~he public health and safety and welfare; now, therefore, <br /> <br />BE IT ORDAINED BY THE COUNCIL OF TME cITy OF LAKEWOOD, STATE OF OHIO: <br /> <br />Section 1. That Section 741.'05 of the Business Regulation Code of the <br />Codified Ordinances of the City of Lakewood now reading as follows: <br /> <br />Section 741.05 SALE OF CHRISTPL~S TREES <br /> <br />Provisions of this chapter shall not apply to the sale of Christmas trees <br />and tree trimmings, offered by Lakewood merchants who have paid the <br />legal license fee of one dollar ($1.00), unless such Christmas trees and <br />tree trimmings are offered for sale at more than one place other than <br />the merchant's regular place of business. Any person, firm or <br />corporation other than the foregoing shall pay a fee of ten ($10.00) per <br />annum for the privilege of offering Christmas trees and tree trimmings <br />for sale. <br /> <br />"Merchants", as used in this section, means and includes only those <br />Lakewood dealers who customarily sell Christmas trees and trimmings <br />in the ordinary course of their business. The term does not include <br />firms and agencies which do not handle this type of merchandise reg- <br />ularly. <br /> <br />shall be, and it is hereby amended to read as follows: <br /> <br />Section 741.05 OUTDOOR SALE OF CHRISTMAS TREES <br /> <br />No person, firm or corporation shall offer Christmas trees for sale <br />out-of-doors or from temporary structures, to the general public, <br />unless a permit therefor has been obtained from the Director of Public <br />Safety as set forth herein. <br /> <br />a) Lakewood merchants who offer Christmas trees for sale at their <br /> regular place of business, shall pay a fee of one dollar(S1.00). <br /> <br />b) <br /> <br /> All other persons, firms or corporations and all Lakewood merchants <br /> who offer such trees for sale from a location other than their <br /> regular place of business, shall pay a fee of Ten Dollars ($10.00) <br /> and shall also deposit the sum of Forty Dollars ($40.00) with the <br /> Director of Public Safety to guarantee the cost of cleaning the <br /> premises and removing any property therefrom after the termination <br /> of the business. If the premises on which such business is con- <br /> ducted are not cleaned and all merchandise, property, refuse and <br /> temporary structures removed therefrom by January 1 of the follow- <br />ing year, the Director of Public .Safety shall immediately cause <br /> such work to be done and the applicant shall forfeit said deposit. <br /> <br />All permits issued pursuant to this section shall expire on October 31st of <br />the following year. <br /> <br />Section 2. That this ordinance is hereby declared to be an emergency measure. <br />for the reasons stated in the preamble hereof and provided it receives the <br />affirmative vote of two-thirds of all members elected to Council, it shall <br />be in force immediately upon its adoption and approval by the Mayor. <br /> <br />Approved: December 2,.1968 <br /> <br />Robert E. Wendling <br /> <br />President <br /> <br />Grace Reynolds <br /> <br />Rnhmrt M. <br /> <br />Mayor <br /> <br /> <br />