(a) License Required. Transient merchants, peddlers, outdoor shopkeepers, distributors and commercial solicitors are required to have a validly issued license prior to engaging in any of the activities set forth in Section 882.01 for such occupations.
(b) Wearing of Badges. Prior to engaging in any activity regulated pursuant to Section 882.01 for transient merchants, peddlers, outdoor shopkeepers, distributors or commercial solicitors, a person must be wearing a current and valid badge which conforms to this chapter.
(c) Types of Licenses. The following types of licenses may be issued upon qualification therefor under procedures set forth for each license:
(1) Ninety-day license. This license shall apply to any business activity regulated under this chapter, which the person seeking the license intends to conduct for a period of up to ninety days from the date of issuance. The fee on behalf of the person to whom the license is issued, shall be set forth in the Fee Schedule Ordinance 209, plus the additional sum and set forth in the Fee Schedule Ordinance 209 for each person engaging in a regulated business activity as an employee. Such license may be renewed upon payment of the prescribed fee for the license and for each person engaged in a regulated business activity as an employee, and upon submittal of the new application. In all cases, prior to the issuance of a license, a completed application shall be submitted and any investigation completed as required pursuant to this chapter, including the receipt of all information from the Police Department or any other department. The Township Clerk, or his or her designee, shall issue approvals or denials. Conditional approval shall not be permitted.
(2) Christmas tree license. This type of license shall apply only to the sale of Christmas trees and shall be for a period commencing on the day following Thanksgiving Day through December 31 of each calendar year. The license shall be issued upon completion of application forms provided by the office of the Township Clerk or his or her designee and upon payment of a fee in the amount of one hundred ten dollars ($110.00) for a single location and twenty dollars ($20.00) for each additional location. A fee of thirty-five dollars ($35.00) shall be charged for each employee. The license shall not be automatically renewable from year to year and shall otherwise be subject to licensing procedures and regulatory provisions of this chapter, except as modified by the following:
A. Hours of operation shall be from 8:00 a.m. to 10:00 p.m.; and
B. A one hundred dollar ($100.00) cash bond shall be deposited with the Township Clerk's office, refundable upon presentation of written certification from the Building Department that all Christmas trees and debris have been removed from the premises not later than January 10 of the succeeding calendar year. In the event the Township is required to incur costs for the clean-up of debris and/or removal of trees, the cost will be charged against such bond, and only the remaining portion, if any, shall be subject to refund upon written application therefor. Further, if the Township incurs such costs, the same may serve as a basis for the denial of a future Christmas tree license where the applicant is the same entity or has employees who were employees of an entity where Township clean-up occurred.
(d) License Requirements and Procedures.
(1) Minimum requirements. The following are minimum requirements for license issuance:
A. The applicant and his or her partners, shareholders and employees have not been convicted of a felony or misdemeanor involving fraud, misrepresentation, deception, cheating, theft, dishonesty, breaking and entering or criminal sexual conduct within the prior ten years.
B. The applicant does not have any unsatisfied or unpaid judgments.
C. The applicant and his or her employees engaging in a business activity under this chapter are properly licensed and registered with appropriate public agencies under the applicable laws of the State.
D. The applicant and his or her employees have furnished to the Township Clerk's office copies of all required Michigan sales tax, transient merchant and/or other licenses and permits necessary under the applicable laws of the State for the particular business activity for which a license is requested under this chapter.
E. The applicant and/or his or her employees are at least eighteen years of age.
F. The applicant and his or her chief executive officer, and any employees who will engage in an activity regulated under this chapter within the Township, have completed all necessary applications, paid all fees and provided a legible copy of a current and valid photo identification issued by a state or governmental agency with the date of birth and a clear and intelligible photograph of at least the head and shoulders.
G. For transient merchants and outdoor shopkeepers, a copy of the written instrument under which the right to use the land and on which the business activity is requested to be conducted, has been furnished, including, if the owner or purchaser, a copy of the deed or land contract, or, if a tenant or licensee, a copy of the lease or license agreement. If documents furnished do not expressly authorize the particular business activity, a written statement from the owner of the property shall be provided indicating such authorization and describing in detail the business activity authorized in the form of a written affidavit.
H. For the applicant or chief executive of the applicant and for each employee, three current color photographs, two inches by two inches, depicting a frontal face, head and shoulders view, clear and unaltered, have been submitted.
I. The applicant and employees have not been convicted of violating any provision of this chapter or any similar ordinance or law elsewhere.
(2) Procedure for issuance of license. The Township Clerk or his or her designee shall issue a license, provided that:
A. All required fees are paid;
B. All required identification badges are issued;
C. Minimum requirements of this chapter for issuance of a license have been met;
D. Previously issued badges to the applicant or the applicant's employees (whether engaged in an activity for the applicant or otherwise for any other entity) have been returned upon expiration of the badge;
E. No violations of this chapter have occurred.
(e) Contents of Application. The application shall be made available by the office of the Township Clerk and shall contain at least the following information:
(1) The name, designation of entity (i.e. partnership, corporation, etc.), address, Federal tax identification number, sales tax identification number and, if a corporation, the corporate identification number and permanent and temporary addresses.
(2) The name, address, birthdate and Social Security number of all natural persons who are either applicants or employees of applicants.
(3) Each place where the applicant is licensed and registered as required under the laws of the State.
(4) If the applicant or the applicant's employee is regularly employed in another business or is the owner or operator of a different business, the name and address of the employer and/or the name and address of such business.
(5) A brief description of the activity regulated under this chapter to be engaged in.
(6) If any vehicle is to be used, directly or indirectly, with the activity regulated under this chapter, a description of such vehicle, including the vehicle registration number and the license registration number, together with a copy of the insurance policy currently in effect for public liability and property damage for such vehicle.
(7) A statement as to whether the applicant has ever been convicted of any criminal offense, except traffic violations, and, if so, a statement as to when and where and an identification of the offense.
(8) A statement as to whether any civil judgment is outstanding and unpaid against the applicant, and, if so, an identification of the court case number and the nature of the claim.
(9) The street address or specific location area, if door-to-door sales are contemplated, where the activity for which the license is requested, is to be conducted, together with the nature of the applicant's interest in such premises as an owner or purchaser or as a tenant or licensee.
(10) Ten copies of a drawing to a scale of not less than one inch equals 150 feet depicting the following minimum information:
A. The dimensions of the property;
B. The locations and dimensions of all buildings and structures on the property;
C. The locations and dimensions of all parking areas, driveways and other lanes for motor vehicle travel;
D. The locations and dimensions of areas where merchandise will be located for sale;
E. The locations and dimensions of buildings and structures on adjacent property situated within fifty feet of any property lines;
F. All right-of-way lines, sidewalks, roadways and shoulders and distances dimensioned and noted from the same to the location where the regulated activity will occur;
G. The locations for parking of vehicles and the identification or number of parking spaces;
H. The locations for entrances and exits of vehicles and an indication of where they cross a public right of way. Included shall also be the written approval, by separate written document or on the drawing, of the Macomb County Road Commission or the Michigan Department of Transportation, whichever has jurisdiction of the roadway.
(11) A brief description and the number of any Michigan sales tax license, transient merchant's license or other license or permit required for the business activity to be conducted.
(12) If the business is to be conducted in a temporary or other structure, the following information:
A. A description or photograph of the structure;
B. The dimensions of the structure and materials of which the structure is constructed;
C. The specific location of the structure on the premises where it will be situated;
D. If the structure is not of a nature to be disassembled and transported from the premises on a daily basis, written certification from the Building Department and the Township that such structure complies with any applicable ordinance relating to buildings and structures that are not portable or readily removable in nature; and
E. A statement that the applicant has received a copy of this chapter and agrees to comply with all of its provisions, as well as the provisions of all other applicable laws.
(f) Authority of Police Department. Upon receipt of a written, signed and fully completed application and all other required documents, a photostatic copy of the photograph provided and currently issued by a governmental agency, showing front of face, shall be forwarded to the Police Department which shall then make an investigation to verify the accuracy of the information provided and that the applicant meets the requirements of this chapter. Upon completion thereof, the Police Department shall advise the Township Clerk or his or her designee, recommending approval or disapproval. If disapproval is recommended, reasons shall be noted.
(g) Partial Refund of Fees in the Event of Denial. In the event of the denial of a license or badge, the applicant may obtain a refund of one-half of the full fees paid to the Township Clerk by written request to the Township Clerk.
(h) Badge Required. All natural persons who are applicants and employees of applicants are required to wear a valid and current badge.
(1) Content. Badges shall be issued by the Township Clerk, or his or her designee, and shall contain the following:
A. A two-inch by two-inch color photograph of the person to whom issued.
B. The name, address and birthdate of the person to whom issued.
C. The name, address and telephone number of the applicant.
D. The expiration date of the badge, which coincides with the expiration date of the applicant's license, in bold print.
(2) Procedure for issuance. Persons desiring issuance of a badge shall complete an application therefor, unless all pertinent information has been set forth upon the original approved application of an applicant. The applicant shall submit:
A. A completed application.
B. Three color photographs, head and shoulders only, two inches by two inches.
C. All required fees.
D. A current and valid photo identification card and a valid drivers license or other government issued card showing the head and shoulders and the front of the face.
(3) Nonissuance. The badge shall be issued unless the person seeking the badge does not meet the minimum requirements otherwise set forth for issuance of a license, has otherwise violated any section of this chapter or any other similar ordinance in another community within the past three years or has otherwise made any false or erroneous statements in any application, pursuant to this chapter, to the Township. Persons who have previously been revoked or suspended pursuant to this chapter or any similar chapter or ordinance, shall at minimum, be withheld a badge for a period of six months if previously suspended and for a period of one year if previously revoked.
(i) License Suspension, Revocation. Any license or badge issued pursuant to this chapter to any business or person may be suspended and/or recommended for revocation by the Township Clerk upon recommendation by a representative of either the Police Department or Building Department or both. The Township Clerk shall furnish notice of the proposed reason for such suspension and/or recommendation of revocation to the address on the application and allow an opportunity to be heard and present evidence to the Township Clerk before such suspension becomes effective. Following such suspension or recommendation of revocation, a hearing before the Township Board shall be scheduled no sooner than seven days, no later than twenty-one days at which time the Township Board may act to affirm or modify the action of the Clerk and may act to revoke. Notice of the hearing date shall be furnished to the person holding the badge or license at the address furnished in the application or as updated within the application documents sent by first class mail no later than seven days before such hearing date. Suspension or revocation may occur for the following reasons:
(1) Fraud, misrepresentation, false or inaccurate statement in any application.
(2) A violation of the provisions of this chapter or any other similar ordinance or law.
(3) A conviction for any felony, or any misdemeanor involving underlying assaultive behavior, dishonesty, theft, breaking and entering, criminal sexual conduct, fraud, misrepresentation, deception, cheating, or dishonesty.
(4) Default in a payment of any taxes or fees to the Charter Township of Clinton by the applicant or any business in which the applicant is a member or shareholder other than a publicly traded company when the interest is less than ten percent.
(j) Procedure for Appeal. In the event either a license or badge is denied, suspended, or revoked, the applicant is entitled to an appeal from the decision of the Clerk upon written request delivered to the Township Clerk within ten days of such action. The Clerk shall place the matter upon the agenda before the Township Board not later than twenty-eight days following receipt of such request. The applicant may appear and present evidence supporting the applicant’s request for relief. The Board shall also inquire of and receive evidence which may be presented by any person or department of the Township or any other person having information relevant. The Township Board shall render its decision within thirty days from the close of any proceeding before it, which decision shall be provided in writing to the applicant.
(Ord. 308. Passed 3-20-95; Ord. 391. Passed 7-19-10; Ord. 435. Passed 6-26-17.)