(A) No hawker or peddler shall sell, offer for sale, or solicit orders for, by sample or otherwise any goods, wares, merchandise refreshments or any kind of property or thing whatsoever within the city, without first having paid for and obtained from the City Clerk a license so to do.
(B) The licensing provisions of this chapter shall not apply to sales of goods, wares and merchandise for religious or local charitable purposes; vendors approved by the City Council or operating with the consent of individuals or organizations sponsoring events approved by the City Council; commercial travelers employed by wholesale houses and selling staple articles of merchandise to city merchants to be retailed by such merchants; persons selling milk; delivery of goods sold by city businesses; or permanently employed and bonded route salespersons who solicit orders from and distribute goods to, regular customers on established routes. Such vendors or sponsors of city-approved events must provide general liability insurance with such limitations as the City Attorney approves. Proof of insurance, showing that such insurance is in force, shall be filed with the purchasing agent of the city prior to the approved event. Termination or alteration of the policy without approval of the City Attorney shall constitute grounds for the cancellation of the event by the City Council.
('77 Code, § 17.304)
(C) At the time of filing the application, a fee, which shall be from time to time set by the City Council and a schedule of which fee shall be available at the City Clerk's office for examination, shall be paid to the City Clerk to cover the cost of investigation and supervision. No fee shall be required from any person who is a war veteran, has proof of discharge papers, and who has first obtained a peddler's license pursuant to Public Act 359 of 1921, being M.C.L.A. §§ 35.441 through 35.443, as amended, provided that the goods, wares and merchandise proposed to be sold by such person are his or her own.
('77 Code, § 17.305)
(D) Applicants for a license under this chapter must file with the City Clerk a sworn application in writing (in duplicate) on a form to be furnished by the City Clerk, which form shall contain the following information.
(1) The name and a description of the applicant.
(2) The applicant's address (legal and local).
(3) A brief description of the nature of the business and the goods to be sold and, in the case of products of farm or orchard, whether produced or grown by the applicant.
(4) If employed, the name and address of the employer, together with credentials establishing the exact relationship.
(5) The length of time for which the right to do business is desired.
(6) If a vehicle is be to used, a description of the same, together with the license number or other means of identification.
(7) A photograph of the applicant, taken within 60 days immediately prior to the date of filing of the application, which picture shall be two inches by two inches showing the head and shoulders of the applicant in a clear and distinguished manner.
(8) The fingerprints of the applicant and the names of at least two reliable property owners of the county who will certify as to the applicant's good character and business responsibility, or, in lieu of the names of references, any other available evidence as to the good character and business responsibility of the applicant as will enable an investigator to properly evaluate such character and business responsibility.
(9) Statement as to whether or not the applicant has been convicted of any crime and, if so, the nature of the offense and the punishment or penalty assessed therefor.
('77 Code, § 17.306)
(E) Every application for a hawker’s or peddler’s license shall be accompanied by a bond in the penal sum of $500 executed by a surety company or by two responsible freeholders residing in the city; or in lieu thereof a cash bond of equal amount conditioned upon the making of final delivery of goods or services to be performed, in accordance with such order, or failing therein that the advance payment or such order be refunded.
(F) Any person aggrieved by the action of any such solicitation shall have the right of action on the bond for recovery of money or damages, or both. Such bond shall remain in full force and effect and in case of a cash deposit, such deposit shall be retained by the city for a period of 90 days after the expiration of any license, unless sooner revoked by the Council.
('77 Code, § 17.307)
(G) Upon the making and filing of the application and the payment of the necessary fee by the applicant, the City Clerk shall present the application to Council at its next regularly scheduled session for approval. If the application is approved by Council the City Clerk shall issue to the applicant the necessary license to conduct the business for which he has paid the license fee and made such application and deliver the same to the applicant, who under and by virtue thereof, shall have the right to pursue his business as set forth in the license during its continuance.
('77 Code, § 17.308)
(Ord. 39, passed 9-16-12; Am. Ord. passed 5-3-99) Penalty, see § 113.99