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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.)
Applicants for the license required by Section 864.02 must file with the City Clerk a written, sworn application, signed by the applicant, if an individual, or by a person with authority on behalf of a partnership, limited liability company, or corporation, on a form to be furnished by the City Clerk, which shall contain the following information:
(a) The name of the applicant, if an individual, and his or her birth date;
(b) The applicant's permanent and local addresses, along with the proposed location of the applicant's business;
(c) A description of the nature of the business, the food or merchandise to be sold and whether or not the same are produced or grown by the applicant;
(d) If applicant is vending on behalf of a partnership, limited liability company, or corporation, 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) 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; and
(h) If the applicant is a partnership, limited liability company, 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; Ord. 06-2014. Passed 7-1-14; Ord. 10-2015. Passed 12-15-15.)
(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.
(Ord. 11-89. Passed 5-30-89; Ord. 06-2014. Passed 7-1-14.)
(a) The fee which shall be charged by the City Clerk for the license required by Section 864.02 shall be prescribed in the schedule provided for in Section 802.24. Where the application is disapproved, the fee shall be refunded, except for a non-refundable processing fee equivalent to a one month fee.
(b) Licenses issued under this chapter shall not be valid for a period of more than one year and may, for administrative convenience, be set to expire on the same day by the Clerk. In those instances where a license is issued for less than the period of one year, the license fee shall be figured on a monthly basis. Any period of one or more calendar days and not more than thirty calendar days shall be considered one month.
(c) No fee shall be required from any person who is an honorably discharged veteran, who has secured a license pursuant to Public Act 359 of 1921, as amended, and who otherwise has fulfilled the obligations of this chapter, and when the goods, wares and merchandise proposed to be sold by such person are his or her own.
(d) Vendors must provide general liability insurance with such limitations and in such amounts as set forth in the schedule provided for in Section 802.24. Proof of insurance, showing that such insurance is in force, shall be filed with the City Clerk prior to the issuance of a license or prior to the holding of an approved event. Termination or alteration of a policy without approval of the City Attorney shall constitute grounds for the cancellation of the event or revocation of the license.
(e) Before any license is issued for engaging in the business of a vendor, the applicant shall file with the City Clerk a bond running to the City in an amount set forth in the schedule provided for in Section 802.24, secured by the applicant as principal, together with a surety upon which service of process may be made in the State. Such bond shall be conditioned on the applicant's full compliance with the provisions of this chapter and the statutes of the State. A further condition shall be the payment by the applicant of all judgments rendered against him or her for any violation of this chapter or State statutes.
(Ord. 11-89. Passed 5-30-89; Ord. 06-2014. Passed 7-1-14.)
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