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CROSS REFERENCES Solicitors, peddlers and tTransient merchants generally - see M.C.L.A. Secs. 445.371 et seq. Licensing in general; fees, bonds and insurance - see B.R. & T. Ch. 802 Solicitations, sales and distributions in the Central Business District - see B.R. & T. 814.10
864.01 DEFINITIONS.
As used in this chapter: (a) "PeddlerVendor" includes the terms "hawker" and "solicitor" transient merchant and means any of the following:
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(1) A person who travels by foot, motor vehicle or any other type of conveyance carrying or transporting merchandise of any nature, or food, whether prepared for immediate consumption or not, for the purpose of selling or offering to sell such wares to purchasers, or who offers contemporaneous performance of a trade or service; (2) A person who, without traveling from place to place, sells or offers to sell from a vehicle, railroad car or other type of conveyance, merchandise of any nature, including food, whether prepared for immediate consumption or not, to prospective purchasers; (3) A person who travels by foot, motor vehicle or any other type of conveyance from place to place, house to house, or street to street, taking or attempting to take orders for the sale of merchandise of any nature for future delivery, or for services to be furnished or performed in the future, whether or not such person has, carries or exposes for sale a sample of the merchandise, and whether or not such person is collecting advance payments on such sale; or (4) Any person who leases or occupies any building, structure, tent, room or conveyance for the purpose of exhibiting samples and taking orders for future delivery. (b) "Transient merchant" means any person, firm, association or corporation engaging temporarily in a retail sale of goods, wares or merchandise, in any place in the City, and who, for the purpose of conducting business, occupies any lot, building, room or structure of any kind. The term shall not apply to any of the following: (1) A person selling goods, wares or merchandise of any description, raised, produced or manufactured by the individual offering the same for sale; (2) A person soliciting orders by sample, brochure or sales catalogue for future delivery, or making sales on residential preomises pursuant to an invitation issued by the owner or legal occupant of the premises; (3) A person handling vegetables, fruits or perishable farm products at an established City market; (4) A person operating a store or refreshment stand at a resort or having a booth on or adjacent to property owned or occupied by such person; (5) A person operating a stand on any fairground; or
(6) A person selling at an art fair or festival or similar event at the invitation of the event's sponsor, if all of the following conditions are met: A. B. The sponsor is a governmental entity or nonprofit organization. The person provides the sponsor with the percent, sales tax license number.
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C. The sponsor provides a list of the event's vendors and their sales tax license numbers to the County Treasurer and the State Treasurer.
(c) "Person" means any natural person, corporation or partnership, including both principals and agents thereof, or two or more persons having a joint or common interest.
(ed)
(df) Nonprofit Organization means a nonprofit organization in good standing with the state of Michigan for religious or charitable purposes. (Ord. 11-89. Passed 5-30-89.)
Vendors are prohibited from providing a dining area within the parking space or the adjacent public sidewalk, including but not limited to tables, chairs, stools, or counters.
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No food, merchandise, or wares shall be prepared, sold, or displayed outside of the vending equipment.
(3)
Signage is only allowed when placed on the structure that contains the vending (4) activity; no separate free-standing signs are permitted. All trash and waste generated by the operations of the vendor shall be collected and disposed of off-site each day. All food vendors shall provide a waste container for public use. Dumping of grey water onto the public street is prohibited.
(5)
(6) Any power sources required for the vending equipment shall be self-contained. Vendors shall not use public utilities in the public rights-of-way; no power cable or equipment shall extend across any City street or sidewalk. (7) Vending equipment shall not be parked in the street between the hours of 11:00 p.m. and 7:00 a.m. Mobile vending equipment shall be parked in conformance with all applicable parking regulations, and shall not hinder the lawful parking or operation of other vehicles. (8) A vendor shall not operate within a 500 foot radius of the boundaries of any event licensed under Chapter 815 Special Events unless the vendor has obtained permission from the event sponsor. No vendor shall have any exclusive right to any location in the public street or be permitted a stationary location or be permitted to operate in any congested area where his or her operations impede the public. For the purpose of this section, the judgment of a police official, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public has been impeded.
(9) (d)
Equipment cannot be left unattended at any time; no equipment or vehicles shall be parked or placed within 15 feet of any intersection or within 25 feet of a fire hydrant. Any equipment found to be unattended shall be considered a public safety hazard and may be ticketed and impounded.
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(c) Commercial travelers employed by wholesale houses, who take or seek to take orders from merchants for goods, wares or merchandise and other personal property retailed by such merchants; (d) Permanently employed and bonded route salespersons who solicit orders from and distribute goods to regular customers on established routes; or (e) Persons licensed under Public Act 328 of 1978, as amended, being the Food Processing Act of 1977. (d) A person selling goods, wares or merchandise of any description, raised, produced or manufactured by the individual offering the same for sale; (e) A person soliciting orders by sample, brochure or sales catalogue for future delivery, or making sales on residential premises pursuant to an invitation issued by the owner or legal occupant of the premises; (f) A person handling vegetables, fruits or perishable farm products at an established City market; (g) A person operating a store or refreshment stand at a resort or having a booth on or adjacent to property owned or occupied by such person; or (h) A person operating a stand on any fairground.
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(d) If applicant is vending on behalf of a partnership or corporationemployed, applicant shall provide the name and address of the employer, together with proof establishing the relationship; (e) The length of time for which the right to do business is desired and, in the case of transient merchants, the proposed location or locations of the business; (f) If a vehicle is to be used, a description of the same, together with the license number and vehicle identification number; (g) Two copies of a photograph of the applicant taken within the sixty days immediately prior to the date of the filing of the application, which picture shall be at least two inches by two inches showing the head and shoulders of the applicant in a clear and distinguished manner; and (hg) A statement as to whether or not the applicant, or any person listed under subsection h of this section, has been convicted of any crime and, if so, the nature of the offense offense and the punishment or penalty assessed therefor.; and (h) If the applicant is a partnership or corporation, the applicant shall provide a list of all persons who will be vending on their behalf, including the name, address, and date of birth of each person. (Ord. 11-89. Passed 5-30-89.)
864.065 INVESTIGATIONS.
(a) Upon receipt by the City Clerk of an application for the license required by Section 864.02, it shall be referred to the Chief of Police, or his or her designee, who shall cause an investigation of the applicant's business and moral character to be made for the protection of the public good. (b) If, as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory in accordance with the Standards for Business and Moral Character Administrative Policy, the disapproval of the Chief of Police and the reasons for the same shall be indicated on the application. The Chief shall return the application to the City Clerk, who shall notify the applicant that his or her application is disapproved and that no license will be issued. (c) If, as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the Chief shall endorse on the application his or her approval and return such application to the City Clerk who, upon payment of the prescribed license fee and filing of proof of insurance, shall issue a license.
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attention to any such goods, wares or merchandise, where such licensee proposes to sell after 9:00 p.m. local time until 8:00 a.m. of the following day, local time. (b) Vendors who conduct their business by going door to door may so operate between the hours of 9:00 a.m. to sunset, local time. (c) No vendor may use City utilities, unless qualifying under Chapter 815. (d) No person less than eighteen years of age may be a vendor under this Chapter unless supervised by a parent or guardian. (e) No person shall make a sale to any person on any property near the traveled portion of any street, on the side of the public sidewalk nearest the pavement or, where there is no public sidewalk, nearer than ten feet from the outer edge of such pavement. Where streets are unpaved, this restriction shall be deemed to apply to that portion of the street set aside for or used by vehicular traffic. (e) (f) Persons licensed under this chapter are required to display said license at all times so that it is visible to customers. (c) No vendor shall have any exclusive right to any location in the public street or be permitted a stationary location or be permitted to operate in any congested area where his or her operations impede or inconvenience the public. For the purpose of this section, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public has been impeded or inconvenienced. (d) No person licensed under this chapter shall engage in the business of a vendor or transient merchant in the McCamly Square area, whose boundary is as follows: Beginning at the intersection of the Michigan Mall and Capital Avenue, S.W., southwesterly to the point where Liberty Street intersects Capital Avenue, S.W., then northwesterly along the south side of Liberty Street to the point where it intersects with South McCamly Street, then northeasterly to the point where South McCamly and the Michigan Mall intersect, then southeasterly on the Michigan Mall to the point of beginning. Such area shall include both sides of the boundary streets and any parking lots or parking structures located within or adjacent to the boundary lines. (e) No person selling under this chapter shall obstruct any street, alley, sidewalk or driveway, except as may be necessary and reasonable to consummate a sale or engage in any business regulated by this chapter, or conduct any sale within 1,000 feet of the entrance of any school building between the hours of 8:00 a.m. and 5:00 p.m., local time, on the days when school is in session, or any time within the Central Business District, as defined in the Zoning Code. (Ord. 11-89. Passed 5-30-89.)
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(a)
No person less than sixteen years of age shall peddle food under this chapter.
(b) No person shall use any vehicle in selling food unless such vehicle is registered with the City Clerk for such sales. (c) No person shall sell or offer for sale any unsound, unripe or unwholesome food or drink, or any defective, faulty or deteriorated article of food. (d) No person shall peddle any food or drink upon or within a public park unless such person has been granted a concession therefor by the City Commission pursuant to an agreement entered into between the Commission and the vendor. (e) No person shall make a sale to any person under the age of twelve years on any property near the traveled portion of any street, on the side of the public sidewalk nearest the pavement or, where there is no public sidewalk, nearer than ten feet from the outer edge of such pavement. Where streets are unpaved, this restriction shall be deemed to apply to that portion of the street set aside for or used by vehicular traffic. (Ord. 11-89. Passed 5-30-89.)
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(3) license; or
(4) Conducting the business of the vendor in such a manner as to create a public nuisance or constitute a danger to the public health, safety or welfare. (b) Upon suspension or revocation of the license, the City Clerk shall deliver written notice to the license holder by first class mail to the address listed in the licensee's application, stating the action taken and the reasons supporting such action. (c) Persons who are denied licenses or whose licenses are suspended or revoked may appeal by filing a written notice of appeal with the License Review Board. The appeal must be filed within seven days after receipt of the notice of denial, suspension or revocation. The Board shall hear and determine the appeal and the decision of the Board shall be final. (Ord. 11-89. Passed 5-30-89.)
864.99 PENALTY.
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In addition to any other remedies provided for by law, Aa person who violates or fails to comply with any of the provisions of this chapter is responsible for a Class B Municipal civil infraction and shall be subject to the civil fines provided in Section 202.98 and any other relief that may be imposed by the court. (Ord. 16-95. Passed 6-20-95.)
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