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PLEASE SUBSTITUTE FOR OR
<br />TO CONSUMER PROTECTION
<br />JUNE 7, 1982.
<br />
<br />~CE REF~ERRED
<br />ETEE ON
<br />
<br />ORDINANCE NO. 52-82
<br />
<br />BY: Brown, Chinnock, Gallagher, Graham,
<br /> McBride, Salmon, Wendling
<br />
<br /> AN EMERGENCY ORDINANCE to enact new Chapter 741 of the Business
<br />Regulation Code of the Codified Ordinances of the City of Lakewood providing
<br />for'the licensing of peddlers, vendors and solicitors, and repealing existing
<br />Chapter 741.
<br />
<br /> WHEREAS, Ohio Revised Code, Section 715.22 provides that a~municipal
<br />corporation has the power to license and regulate the use of its streets by
<br />persons who use vehicles, or solicit or transact business thereon, and
<br />
<br /> WHEREAS, Chapter 741 was initially adopted in 1934 and'a new updated
<br />Chapter should be adopted to bring the City's ordinances in line with current
<br />law and to provide for increased licensing costs, and
<br />
<br /> WHEREAS, this Council reaffirms that the peddling of goods and wares
<br />from motor vehicles within the public streets not only constitutes a nuisance
<br />but is dangerous to other users of said streets and highways, particularly
<br />younger children attracted thereto, and
<br />
<br /> WHEREAS, this ordinance constitutes an emergency measure providing
<br />for the immediate preservation of the public safety and welfare and for the
<br />usual daily operation of a municipal department; now, therefore,
<br />
<br />BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO:
<br />
<br /> Section 1. That the
<br />Ordinances of the City of Lakewood
<br />to read as follows:
<br />
<br />Business Regulation Code of the Codified
<br />be supplemented by enacting new Chapter 741
<br />
<br /> CHAPTER 741
<br />Peddlers, Vendors, and Solicitors
<br />
<br />741.01 DEFINITIONS.
<br />
<br />(a) "Canvassing" or "soliciting," unless expressly provided for
<br />otherwise, means travelling from residence to residence within
<br />the Municipality, without having a previous appointment, to
<br />visit the residence or residences for the purposes of exposing
<br />or offering for inspection or sale, goods, wares, merchandise,
<br />food stuffs, or any other property, tangible or intangible, of
<br />any nature whatsoever, or services, or for the purpose of taking
<br />or attempting to take orders for the purchase of goods, wares,
<br />merchandise, food stuffs or other property, tangible or intan-
<br />gible, of any nature whatsoever, for future delivery, or of
<br />services to be furnished or performed in the future.
<br />
<br />(b) "Canvasser" or "solicitor" means any person who engages in
<br />canvassing or soliciting.
<br />
<br />(c) "Temporary store or place" means a store or place opened
<br />and maintained for the sale to the public of goods, wares, and
<br />merchandise where the seller or owner of such goods,
<br />wares and merchandise operates such store or place for a period of less
<br />than 120 days. Any such store or place which is opened, operated,
<br />and maintained in this municipality from and after the date of
<br />the passage of this Section shall prima facie be presumed to be
<br />a temporary store or place within the meaning of this Chapter
<br />but such presumption may be overcome by evidence satisfactory
<br />to the Building Commissioner that it is not a temporary store,
<br />in which case the Building Commissioner shall not be required
<br />to impose a license fee.
<br />
<br />
<br />
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