ORDINANCE NO. 2018-09
AN ORDINANCE AMENDING SECTION 112.03 OF THE OHIO BASIC CODE
ON THE APPLICATION PROCEDURE FOR LICENSES REQUIRED
UNDER CHAPTER 112 OF THE OHIO BASIC CODE
WHEREAS, the Council of the Village of Antwerp, Ohio, adopted the Ohio Basic Code, including Chapter 112 entitled Peddlers, Itinerant Merchants, and Solicitors; and
WHEREAS, Section 112.03 on the Application Procedure is hereby amended in order to set the fee for the license required by Chapter 112 and to include additional items to be submitted by each applicant as part of the application procedure.
NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Antwerp, County of Paulding, State of Ohio:
Section 1. That Section 11203 of the Ohio Basic Code as adopted by the Council of the Village of Antwerp is amended to read as follows:
(A) All applicants for licenses required by this chapter shall file an application with the Chief of Police of the Antwerp Police Department. This application shall be signed by the applicant, and the applicant shall provide the following information:
(1) The name, age, and general physical description of the applicant;
(2) The address and mobile phone number of the applicant;
(3) The name and address of the person, if any, for whose purpose the business will be carried on, and, if a corporation, the state of incorporation and a copy of the certificate of existence issued from that state’s secretary of state for such corporation;
(4) The name, address and mobile phone number of the individual having management authority or supervision of the applicant’s business during the time that is proposed to be carried on in the municipality;
(5) The time period or period during which it is proposed to carry on the applicant’s business;
(6) The nature, character, and quality of the goods or services to be offered for sale or delivered, including the invoice value of any goods and whether they are to be sold by sample as well as from stock, where and by whom such goods are manufactured or grown, and where such goods are at the time of application;
(7) Whether or not the applicant, the person for whose purpose the business will be carried on, and/or the individual having management or supervision of the applicant’s business has been convicted of any crime or misdemeanor and, if so, the nature of each offense and the penalty assessed for each offense;
(8) Whether or not the applicant, the person for whose purpose the business will be carried on, and/or the individual having management or supervision of the applicant’s business has been denied a license or such license has been suspended and/or revoked to engage in business similar to being sought in this application in the capacity of a solicitor, peddler, or itinerant merchant by any governmental authority, describing with particularity the date, place, and grounds upon which such action was taken;
(9) Two (2) photographs of the applicant clearly and accurately depicting the applicant’s facial features, and the applicant consents to a photograph of the applicant being posted on the Village of Antwerp’s website as part of the application submission;
(10) A description of the make, model, and license plate number of any vehicle to be used by the applicant in connection with the applicant’s proposed activities together with copies of registration to the vehicle, the applicant’s driver’s license and proof of compliance with applicable requirements of Ohio R.C. Chapter 4509, and two (2) photographs of each vehicle clearly and accurately depicting the vehicle from the front and side, including the license plate of the vehicle, and the applicant consents to the photographs of any vehicles being posted on the Village of Antwerp’s website as part of the application submission;
(11) Copies of the credentials from the person for whose purpose the applicant proposes to do business, authorizing the applicant to act as such representative;
(12) Applicants who propose to handle foodstuffs shall attach a copy of a statement from a licensed physician, dated not more than 14 days prior to the date of the application, certifying the applicant to be free of contagious or communicable disease;
(13) Each applicant must obtain a BCI and FBI fingerprint background check and request that the results be sent to the Chief of Police of the Village of Antwerp, and such results must be dated not more than 30 days prior to the date of the application; and
(14) Each application must be accompanied by a check made payable to the Village of Antwerp in the amount of $50.00, which will be deposited into the General Fund.
Section 2. Previous ordinances and/or any portions thereof, including Section 112.03 of the Ohio Basic Code adopted by the Council of the Village of Antwerp, and rules of the Village of Antwerp that are not consistent with this Ordinance are hereby set aside, revoked and held for naught.
Section 3. It is found and determined that all formal actions of the Council concerning and relating to the passage of this Ordinance were adopted in open meetings of this Council, and that all deliberations of the Council and of any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with all legal requirements including all lawful ordinances and any applicable provisions of Section 121.22 of the Ohio Revised Code.
Section 4. This Ordinance shall take effect and be in force from and after the earliest period allowed by law.
Passed this ______ day of _____________, 2018.
Ray DeLong, Mayor
Village of Antwerp, Ohio
Aimee Lichty, Fiscal Officer
1st Reading: __________________________
2nd Reading: __________________________
3rd Reading: __________________________