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s- /(i <br />CITY OF NORTH OLMSTED <br />ORDINANCE NO. 2008 - 57 <br />By: Mayor O'Grady <br />AN ORDINANCE AMENDING SECTIONS 755.11 AND 755.12 OF <br />CHAPTER 755 (SECONDHAND DEALERS) OF THE BUSINESS <br />REGULATION CODE, ENTITLED "HOURS AND <br />CIRCUMSTANCES OF SALES, " AND "EXCEPTIONS" IN ORDER <br />TO REGULATE OUTDOOR COLLECTION RECEPTACLES ON <br />COMMERCIAL PROPERTY. <br />WHEREAS, Section 755.11 of the Business Regulation Code provides for <br />prohibition of external storage receptacles or outdoor collection drop boxes in connection <br />with licensed secondhand dealers, including but not limited to charitable organizations, <br />which may not place such containers outdoors for donations in commercial areas; and <br />WHEREAS, the Director of Public Safety and the Building Commissioner have <br />had recent occasion to review and enforce the Code against such outdoor receptacles, as <br />related to accessory structures located on premises other than secondhand dealers, and <br />recommend that Council except such accessory structures from the licensing scheme and <br />regulate them under the Zoning Code in Section 1139.01; and <br />WHEREAS, it is the desire of this Council to amend Section 755.11 and Section <br />755.12 so that charitable bins may be permitted as accessory uses under Section 1139.01 <br />of the Zoning Code for general retail business premises, and continue to maintain and <br />require secondhand dealers to collect donations within wholly enclosed, indoor facilities <br />licensed under Chapter 755. <br />NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY <br />OF NORTH OLMSTED, CUYAHOGA COUNTY, AND STATE OF OHIO: <br />SECTION 1: That Section 755.11 of Chapter 755 (Secondhand Dealers) of the <br />Business Regulations Code, which presently reads as follows: <br />755.11 HOURS AND CIRCUMSTANCES OF SALES. <br />(a) No person licensed under the provisions of this chapter shall purchase or <br />otherwise receive any secondhand goods, articles, or things from any person who: <br />(1) Is a habitual drunkard; or <br />(2) Is intoxicated or under the influence of illegal drugs at the time of <br />the transaction; or <br />(3) Is known to him to be a thief; or