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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.)
(a) Vendor shall comply with all state, local, and federal law.
(b) Vendors who conduct their business by going door to door may so operate only 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 or has a valid state work permit or training agreement pursuant to the Youth Employment Standards Act 90 of 1978.
(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.
(f) Persons licensed under this chapter are required to display said license at all times so that it is visible to customers.
(Ord. 11-89. Passed 5-30-89; Ord. 06-2014. Passed 7-1-14; Ord. 10-2015. Passed 12-15-15.)
(a) Any license issued under this chapter may be suspended or revoked for any of the following reasons:
(1) Fraud or misrepresentation on the application for the license;
(2) Fraud or misrepresentation in the course of conducting the business of the vendor;
(3) Conducting the business of the vendor contrary to the conditions of the 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; Ord. 06-2014. Passed 7-1-14.)
(a) The License Review Board shall be composed of five residents of the City, with one representative drawn from each ward. Members shall be appointed to the Board by the City Commission and shall serve for a term of one year.
(b) The Board shall meet from time to time as needed, and members shall be compensated at the rate of fifteen dollars ($15.00) per day.
(c) A quorum of the Board necessary to conduct a hearing shall be three members, and the vote of a majority of the Board shall be required to overturn any denial, suspension or revocation of a license.
(d) Evidence of a type commonly relied upon by reasonable prudent persons in the conduct of their affairs, is to be admitted and given probative effect. The decision of the Board shall be based upon the evidence produced and admitted in the course of a hearing.
(e) Appeals of decisions of the Board may be reviewed in the County Circuit Court to determine whether sufficient evidence exists in the record to support the decision of the Board.
(Ord. 11-89. Passed 5-30-89; Ord. 06-2014. Passed 7-1-14.)
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