Sec 14-123 . - Conduct of business generally.
(a) All persons licensed under this article and each of their agents or employees are required to exhibit their licenses, upon request, to any private citizen, police officer, or employee of the city.
(b) Any licensee using any cart, wagon, motor vehicle, or other conveyance, when stopping upon the streets or public places of the city for the purposes of conducting business shall draw up to and parallel with the curbline and in such a manner so as not to obstruct vehicle or pedestrian travel.
(c) No licensee shall engage in selling on a street corner, public right-of-way, or public place for longer than one hour, provided however, that any person securing consent from the city manager to occupy a street corner, or other public right-of-way, or public place may be permitted to occupy such place during the time specified by the city manager.
Sec 14-124 . - Prohibited practices.
The following conduct by any licensee shall be considered in violation of this Code and, in addition to the penalties provided by section 1-17 of the Code, may result in the suspension, revocation, or denial of the holder's license:
(1) Entering a private residence under pretense other than for soliciting or peddling.
(2) Remaining in a private residence or on the premises thereon after the owner or occupant thereof has requested any such person to leave.
(3) Going in and upon the premises of a private residence to solicit or peddle when the owner or occupant thereof has displayed a "no soliciting" or "no peddling" sign on such premises. Such signs shall be conspicuously displayed at or near the main entrance to the premises, but shall not exceed one square foot in surface display area.
(4) Soliciting or peddling at a private residence prior to 9:00 a.m. and after 9:00 p.m. unless by prior invitation of the occupant.
(5) Soliciting or peddling on a street or within an area which has been closed by council resolution for an art fair, street fair, or other special event, except where special permits are issued in accordance with standards established by city council.
(6) Shouting, or calling wares, or using a public address system, horn, bells, or other noisemaking device to call attention to the licensee's business in such a way as to disturb residents or adjacent businesses.
Sec 14-125 . - Required.
It shall be unlawful for any person to engage in the business of a peddler, solicitor within the limits of the city, except as provided at subsections (1) through (5) of this section, without first having obtained a license therefor issued by the city clerk.
(1) Any person engaged in the retail sale of goods, wares, merchandise, or services at a permanent location in the city and subject to the city's ad valorem real or personal property taxes shall not be required to obtain a license to sell as a transient merchant at any other location within the city, but shall be required to comply with every other provision of this article regulating such activity. Any person engaged as a peddler, solicitor, or concessionaire for a locally established business shall be required to obtain a license.
(2) Any person under the age of 18 years of age, except that person under age 18 peddling or vending from a motor vehicle shall be required to obtain a license.
(3) Those persons granted temporary use permits for the display and sale of products used for seasonal decoration shall not be required to obtain a license, but shall be subject to all other provisions of this article.
(4) Any person having credentials representing any recognized religious or charitable organization that has been granted a current license by the Michigan Attorney General under the provisions of the Charitable Organizations and Solicitors Act, Public Act No. 169 of 1975 (MCL 400.271 et seq.).
(5) Those persons having credentials representing any locally established religious organization or school and which states that the entire proceeds of sale shall be paid over to said school or religious organization, or representing any newspaper of general circulation.
Sec 14-126. - Application.
Applicants for a license under this article shall file a verified application on a form to be supplied by the city clerk containing the following information:
(1) The applicant's name, date of birth, social security number, permanent address, local address, business address, occupation at the time of filing the application, and any prior permanent or business address used for the previous three years. If a motor vehicle is to be used, the applicant's mo tor vehicle operator's license.
(2) The name of the person, firm, partnership, corporation, or other business entity represented, if different from the applicant, together with the address of the registered office of the business and registered agent designated in Michigan for service of legal process, and the address of the nearest local or district office.
(3) If employed by another person or business entity, adequate credentials establishing the exact relationship.
(4) A brief description of the nature of the business represented and the goods or services to be sold, and, in the case of handicrafts or products of farm or orchard, whether produced or grown by the applicant.
(5) The length of time for which the license is required and the expected days and hours of operation.
(6) The proposed method of peddling, soliciting, or vending, whether on foot or by motor vehicle, or other cart, or conveyance.
(7) If a vehicle or other conveyance is to be used, a description of the same, together with license number, vehicle identification number or other adequate means of identification.
(8) If a lot, room, building, or structure is to be used, or if a cart, stand, booth, or other structure or fixture is to be placed upon the property of another, evidence that the applicant has the consent of the legal owner of the property.
(9) A photograph of the applicant, which picture shall be two inches by two inches, showing of reasonable likeness, the head and shoulders of the applicant in a clear and distinguishing manner and in a form suitable for being embossed or attached to the license to be issued.
(10) A statement as to whether or not the applicant has ever been convicted of any crime, misdemeanor, or local ordinance and the nature of such violation and penalty assessed. If a motor vehicle is to be used, a statement that the applicant has a current valid operator's license and whether or not the applicant has ever had his/her driving privileges revoked, suspended, or restricted, and the nature of any such revocation, suspension, or restriction.
(12) A statement as to whether or not the applicant has ever had any peddlers or other occupational licenses required by this city or any other state or municipal authority revoked,
suspended, or denied within three years immediately prior to the date of application and the circumstances of any such revocation, suspension, or denial.
(13) A copy of a valid current Michigan sales tax license, or, if exempt, a copy of a current exemption certificate, if required for the goods or services sold.
(14) If food is to be sold, a health card issued by the Tuscola County Health Department.
Sec. 14-127. - Revocation.
(a) Permits issued under the provisions of this article may be revoked by the city manager after notice and hearing, for any of the following causes:
(1) Fraud, misrepresentation, or false statement contained in the application for license;
(2) Fraud, misrepresentation or false statement made in the course of carrying on his business as a peddler;
(3) Any violation of this article;
(4) Conviction of any crime or misdemeanor involving moral turpitude;
(5) Conducting the business of peddling in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public.
(b) Notice of the hearing for revocation of a permit shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the applicant at the last known address at least five days prior to the date set for the hearing.
(c.) Any person aggrieved by the action of the chief of police, the city clerk, or the city manager in the denial of an application for a permit as provided above, or in the decision with reference to the revocation of a license as provided in this section, shall have the right of appeal to the city council. Such appeal shall be taken by filing with the council, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal.
The council shall set a time and place for a hearing on such appeal, and a notice of such hearing shall be given to the appellant in the same manner as provided in this section for notice of a hearing on revocation. The decision and order of the council on such appeal shall be final and conclusive
1
ORDINANCE #2019-CITY OF VASSAR
COUNTY OF TUSCOLA, MICHIGAN