Codified Ordinances of Cleveland § 682.01 License Required
§ 682.01 License Required
No itinerant vendor shall sell or offer for sale any goods, wares or merchandise without first having procured a license to do so as provided in this chapter.
ITINERANT VENDORS AND WHOLESALE PRODUCE DEALERS
Codified Ordinances of Cleveland pt. SIX, tit. VII, ch. 682
in effectCodified Ordinances of Cleveland § 682.02 License Recording; Duration
§ 682.02 License Recording; Duration
(a) Upon the written application of any itinerant vendor, setting forth all the facts required, and duly verified upon oath before an officer empowered by the laws of Ohio to take acknowledgment of deeds, and upon the payment of a license fee and upon it appearing that the applicant has procured such license as may be required by the laws of the State then in force, the Commissioner of Assessments and Licenses shall issue to such applicant a license permitting the applicant, for the period for which such license fee is paid, to sell in temporary quarters such goods, wares or merchandise as such itinerant vendor may otherwise lawfully sell.
(b) The Commissioner, before issuing to the itinerant vendor the license provided for herein, shall record in a proper book to be kept for that purpose, the State license in full, and shall endorse upon the State license “local license fees paid,” and shall affix his or her official signature with the date of such endorsement upon the license. The Commissioner shall then issue the local license which shall entitle the itinerant vendor to conduct sales thereunder for any period less than one hundred twenty (120) days from the date thereof.
Codified Ordinances of Cleveland § 682.03 License Application; False Statements
§ 682.03 License Application; False Statements
(a) In the license application, or in the separate affidavit to accompany such application and to be filed therewith, the applicant shall state under oath all of the facts relating to the reasons for and the character of the temporary business which he or she desires to transact, including a true statement of the names and addresses of persons, firms or corporations from whom the goods, wares or merchandise was last taken; the names and addresses of the owners or persons in whose interest such business is conducted; the places and dates where the applicant for the past eighteen (18) months has been engaged in business, stating the nature and character of the business; all details necessary to exactly locate and fully identify all goods, wares or merchandise to be sold; and the length of time for which the store or place where goods, wares or merchandise is to be sold has been or is to be leased. The fact that such store or place of business has been or is to be leased for a period less than one hundred twenty (120) days shall be in all cases prima facie evidence that the business is of a temporary or transient character within the meaning of this chapter.
(b) Any false or misleading statements made in such application or affidavit or in any advertising matter, or orally by any person connected with the licensee, issued or made to further the sale of that merchandise, shall render the license issued to the applicant making such false statements null and void, and shall forfeit to the City the license fee already paid, and subject such applicant to the full penalty provided in this chapter.
(c) Upon receiving complaints as to any such false or misleading statements, the Commissioner of Assessments and Licenses shall forthwith investigate and make demand for access to all books and papers pertaining to the business of the licensee, which may assist the Commissioner in determining whether or not a false or misleading statement has been made, and further, he or she may put under oath and command answers to any questions that may be necessary to be propounded to divulge the facts, from any and all persons who may have any connection with the business of the licensee.
Codified Ordinances of Cleveland § 682.04 Applicant’s Bond
§ 682.04 Applicant’s Bond
Before a license is issued, the applicant shall execute and deliver to the Department of Finance a good and sufficient bond with good and sufficient surety or sureties to be approved by the Director of Law, in the sum of five hundred dollars ($500.00), which bond shall be conditioned as to indemnify or reimburse any purchaser of goods, wares or merchandise in a sum equal to at least the amount of any payment or payments such purchaser may have been induced to make through misrepresentation as to the kind, quality or value of such goods, wares or merchandise whether the misrepresentation was made by the owners or by their servants, agents or employees, either at the time of making the sale, or through any advertisement of any character whatsoever, printed or circulated with reference to the stock of goods, wares and merchandise, or any part thereof.
Codified Ordinances of Cleveland § 682.05 Agent for Service of Process
§ 682.05 Agent for Service of Process
Before a license is issued, the applicant shall file with the Department of Finance an instrument in writing, nominating and appointing the Commissioner of Assessments and Licenses, or the person performing the duties of such position, his or her true and lawful agent, with full power and authority to acknowledge service of notice of process for and on behalf of the applicant in respect to any matters connected with or arising out of the license, and the bond given as required by the provisions of Section 682.04 or for the performance of the condition of such bond, or for any breach thereof. The instrument in writing so nominating and appointing the Commissioner shall contain recitals to the effect that the license applicant consents and agrees that service of any notice or process may be made upon the agent, and when so made shall be taken and held as valid as if personally served upon the person applying for a license, according to the laws of this or any other state and waiving all claim or right of error by reason of such acknowledgment of service or manner of service.
Codified Ordinances of Cleveland § 682.06 License Fee
§ 682.06 License Fee
A license fee of one hundred dollars ($100.00) for each week or fraction thereof during which he or she desires to sell his or her goods, shall be paid by such itinerant vendor prior to the issuance of a license.
Codified Ordinances of Cleveland § 682.07 License Not Transferable; Display
§ 682.07 License Not Transferable; Display
No license issued under this chapter shall be transferable, nor shall it be used by any person, firm or corporation other than as named in the license. A licensee shall conspicuously display the license in his or her place of business so that the same is plainly visible to the public.
Codified Ordinances of Cleveland § 682.08 Fee Disposition
§ 682.08 Fee Disposition
All fees collected by the Commissioner of Assessments and Licenses under the provisions of this chapter shall be paid by him or her to the City Treasurer, and credited to the General Fund.
Codified Ordinances of Cleveland § 682.09 Itinerant Wholesale Produce Dealer Defined
§ 682.09 Itinerant Wholesale Produce Dealer Defined
As used in Sections 682.10 through 682.15, “itinerant wholesale produce dealer” means a person, firm, corporation or association who sells or offers for sale from a cart, wagon, truck, automobile or other vehicle operated or propelled over and upon the streets of the City, any fruits, vegetables, garden produce, butter, eggs, meat, game and/or live or dressed poultry to any person, firm, corporation or association engaged in the business of the resale at retail or wholesale of the same produce within the City, or to any hospital, club, restaurant or hotel in the City. “Itinerant wholesale produce dealer” does not include any person, firm, corporation or association who operates in the City a regularly established store or warehouse and/or trucking and distributing business for the purpose of wholesale merchandising of fruits, vegetables, garden produce, butter, eggs, meat, game, and/or live or dressed poultry, nor to any person selling or offering for sale produce of his or her own raising or producing.
(Ord. No. 1428-92. Passed 7-22-92, eff. 7-24-92)
Codified Ordinances of Cleveland § 682.10 Itinerant Wholesale Produce Dealer License Required
§ 682.10 Itinerant Wholesale Produce Dealer License Required
No person, firm, corporation or association shall engage in the business of itinerant wholesale produce dealer in the City unless he or she has first been duly licensed to do so as provided in this chapter. Every applicant for a license shall make an application in writing to the Commissioner of Assessments and Licenses, which application sets forth the name under which the business is to be conducted, and the name of every person interested in the business. Such application shall contain as reference the names of at least two (2) citizens of the City as to the character of the applicant or applicants.
(Ord. No. 1428-92. Passed 7-22-92, eff. 7-24-92)
Codified Ordinances of Cleveland § 682.11 Itinerant Wholesale Produce Dealer License Term; Fee
§ 682.11 Itinerant Wholesale Produce Dealer License Term; Fee
Itinerant wholesale produce dealer licenses shall be issued annually, shall expire on December 31 of each year, and shall not be transferable. No deductions shall be allowed from the fee for any such license for any part of the year during which the licensee does not exercise the right of such license. The license fee for carrying on the business of an itinerant wholesale produce dealer by means of a cart, truck, wagon, automobile or other vehicle operated upon the streets, thoroughfares and public places shall be two hundred dollars ($200.00).
(Ord. No. 1428-92. Passed 7-22-92, eff. 7-24-92)
Codified Ordinances of Cleveland § 682.12 Itinerant Wholesale Produce Dealer’s Bond
§ 682.12 Itinerant Wholesale Produce Dealer’s Bond
Every person licensed as an itinerant wholesale produce dealer shall execute and file a bond of five hundred dollars ($500.00). The bond must be approved by the Director of Law as to sureties and form, and shall be conditioned upon the faithful observance of the provisions of this chapter and of all ordinances of the City and laws of the State concerning or regulating the merchandise and handling of produce dealt in by the licensee. The bond shall also be conditioned as to indemnify any person obtaining a judgment against the licensee because of any damage sustained on account of the violation by the licensee of such ordinances or laws, or because of misrepresentation or deception which may have been practiced on such person by the licensee while carrying on his or her licensed business.
(Ord. No. 1428-92. Passed 7-22-92, eff. 7-24-92)
Codified Ordinances of Cleveland § 682.13 Itinerant Wholesale Produce Dealer License Issuance; Sign Plates
§ 682.13 Itinerant Wholesale Produce Dealer License Issuance; Sign Plates
Upon the filing of the bond and a completed application, and upon payment of the license fee required in this chapter, the Commissioner of Assessments and Licenses shall issue to the applicant an itinerant wholesale produce dealer license, and shall furnish the licensee with two (2) metal signs not less than six (6) inches wide and nine (9) inches long, upon which shall be inscribed “Itinerant Wholesale Produce Dealer’s License, Cleveland, Ohio, No. __________,” giving in the blank space the number of such license and the year during which the same shall be in force. The metal signs shall be securely fastened in plain view on both sides of the vehicle used by the licensee whenever he or she is engaged in operating under such license.
(Ord. No. 1428-92. Passed 7-22-92, eff. 7-24-92)
Codified Ordinances of Cleveland § 682.14 Farmers Exempted
§ 682.14 Farmers Exempted
No itinerant wholesale produce dealer license shall be required of any farmer, producer or other person selling produce of his or her own raising or producing.
(Ord. No. 1428-92. Passed 7-22-92, eff. 7-24-92)
Codified Ordinances of Cleveland § 682.15 Produce Sales Slips Identified
§ 682.15 Produce Sales Slips Identified
At the time of making any sale of produce, a licensee shall deliver to the purchaser a sales slip which shall contain in a conspicuous place the license number assigned to such licensee.
(Ord. No. 1428-92. Passed 7-22-92, eff. 7-24-92)
Codified Ordinances of Cleveland § 682.99 Penalty
§ 682.99 Penalty
(a) Any person who violates any of the provisions of Sections 682.01 to 682.07 shall be deemed guilty of a misdemeanor and shall be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00). Each day upon which any such violation occurs or continues shall constitute a separate offense; provided that Sections 682.01 to 682.07 shall not apply to any farmer or producer who sells any article, provision or vegetables produced or grown by him or her, nor to the manufacturer of any article made or manufactured by him or her, nor to sales made to dealers by commercial travelers or selling agents in the usual course of business, nor to bona fide sales of goods, wares and merchandise by sample for future delivery.
(b) Any person who violates any of the provisions of Sections 682.10 to 682.15 shall be guilty of a misdemeanor of the fourth degree. Each day upon which any such violation occurs or continues shall constitute a separate offense.
(Ord. No. 1428-92. Passed 7-22-92, eff. 7-24-92)
Source: City of Cleveland, Ohio, Codified Ordinances and City Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/cleveland/latest/cleveland_oh/0-0-0-37227Fetched: 11/1/2026