864.01 Definitions.
864.02 License required.
864.03 Location specifications.
864.04 Exempt activities.
864.05 License applications.
864.06 Investigations.
864.07 Fee and bond requirements.
864.08 Miscellaneous rules.
864.09 Suspension or revocation of licenses.
864.10 License Review Board.
840.99 Penalty.
CROSS REFERENCES
Solicitors, peddlers and transient 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
As used in this chapter:
(a) “Nonprofit organization” means a nonprofit organization in good standing with the state of Michigan for religious or charitable purposes.
(b) “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.
(c) “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.
(d) “Vendor” includes the terms “Transient Merchant” and any of the following:
(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.
(Ord. 11-89. Passed 5-30-89; Ord. 06-2014. Passed 7-1-14; Ord. 10-2015. Passed 12-15-15.)
Licensed vendors are permitted to locate on properties, streets, and sidewalks within the City of Battle Creek, subject to the following regulations:
(a) The proposed location must be in compliance with zoning district regulations pertaining to outdoor sales and display.
(b) If located on private property, the vendor must submit written permission from the property owner indicating that the applicant has permission to locate on his or her property.
(c) Vendors are prohibited within the Downtown Business District, as defined in Chapter 814, except for as otherwise outlined herein.
(d) Within the Downtown Business District, as defined in Chapter 814, vendors are permitted in designated parking spaces located parallel to Jackson Street between McCamly Street and Capital Avenue SW subject to the limitations of this subsection:
(1) Each vendor is limited to one parking space and all equipment and appurtenances related to the vending activity must be located wholly within the confines of the parking space in which they are located.
(2) 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.
(3) No food, merchandise, or wares shall be prepared, sold, or displayed outside of the vending equipment.
(4) Signage is allowed pursuant to Chapter 1263.
(5) 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.
(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 3:00 a.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.
(9) 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.
(e) Equipment cannot be left unattended at any time: no equipment or vehicles shall be parked or placed within fifteen feet of any intersection or within twenty-five feet of a fire hydrant. Any equipment found to be unattended shall be considered a public safety hazard and may be ticketed and impounded.
(Ord. 06-2014. Passed 7-1-14; Ord. 10-2015. Passed 12-15-15.)
The provisions of this chapter shall not apply to any of the following:
(a) The sale of goods, wares or merchandise, or solicitations by nonprofit organizations. This exemption shall not apply to the sale of goods, wares or merchandise, or solicitations located in the Downtown Business District, as defined in Chapter 814, and are hereby subject to the provisions of this chapter.
(b) The sale of goods, wares or merchandise at an event approved under Chapter 815, Special Events;
(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) 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) The sale of goods, wares or merchandise, including food, by Lessee, and/or its employees, pursuant to a lease with the City of Battle Creek as Lessor, at BC Cargo Pop Up Shops, located at the SE Corner of N. McCamly Street and Hamblin Avenue.
(h) 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
(i) A person operating a stand on any fairground.
(Ord. 11-89. Passed 5-30-89; Ord. 06-2014. Passed 7-1-14; Ord. 06-2019. Passed 5-7-19.)
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