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ARTICLE VII. INITIAL MERCHANTS
INITIAL MERCHANT. Any person, firm or corporation engaging initially in the sales of goods, wares or merchandise and who, for the purpose of conducting the business, occupies either in whole or in part, a room, building, structure or vacant property for the exhibition and sale of such goods, wares and merchandise. The provisions of this ordinance shall not apply to commercial travelers making sales to dealers or selling agents in the usual course of business for resale nor to merchants having regularly established places of business within the City of Flint for incidental or temporary sales or deliveries from trucks or railroad cars; nor to any sales of goods, wares or merchandise during the continuance of any annual fair; nor to any sales by societies acting for charitable or religious purposes.
(Ord. 1876, passed 11-18-1965)
It shall be unlawful for any private property owner of nonresidential private property in the City of Flint to authorize a peddler or solicitor, whether by lease or otherwise, to transact or attempt to transact business on such private property in the City of Flint unless the private property owner first obtains a copy of the current license required by this article and issued to the peddler or solicitor. The private property owner shall be required to produce, upon demand of the authorized agents of the City of Flint, a copy of the license.
(Ord. 3187, passed 11-11-1991)
Cross-reference:
Application for an Initial Merchants License shall be made in writing on forms furnished by the City Clerk, and, shall contain the following statements under oath. Any false statements of false affirmations made in connection with an application for Initial Merchants License shall be cause for revocation of the license.
(a) Full name, age, permanent residence, and local address if other than the foregoing, of the applicant;
(b) The name of the firm or corporation represented, if any, together with the address of such central or district office of such firm or corporation.
(c) The address or location of the place within the City at which the applicant proposes to engage in business.
(d) A general description of the goods, wares or merchandise to be sold or offered for sale.
(e) A photograph of the applicant taken within sixty days immediately prior to the date of filing the application, which picture shall be two inches by two inches, showing the head and shoulders of the applicant in a clear and identifiable manner.
(f) The fingerprints of the applicant.
(g) A statement of any convictions of the applicant of any felony or misdemeanor, the nature of the offense and the punishment or penalty assessed therefor, excepting minor traffic offenses.
(Ord. 1876, passed 11-18-1965)
PREMISES. Includes the licensee’s building any adjoining areas open to the public or used by the public as access to the establishment.
REASONABLE BASIS FOR COMPLAINT. Determined upon review by the City Clerk - Licensing Division of the City of Flint.
(Ord. 3359, passed 11-24-1997)
Where an Initial Merchants License has been issued to a business establishment, and the establishment is the subject of ten or more verified police complaints which are found to have a reasonable basis for said complaint as determined by the Chief of Police or designee, Flint Police Department, the establishment shall be required, to provide/hire licensed uniformed security guards to patrol the premises during hours of operation as determined by the Chief of Police, based upon the time, nature, frequency and seriousness of the complaints received. After a determination by the Chief of Police, Flint Police Department, that ten or more police complaints have been filed which have a reasonable basis, the Police shall notify the City Clerk. The City Clerk shall notify the licensee of the determination that they will be required to provide licensed uniformed security guards as specified by the criteria established by the Chief of Police, Flint Police Department.
Within ten days of the mailing of the notice to licensee, an appeal may be made to City Council for reconsideration. A hearing on the appeal shall be heard at the next Council meeting following receipt of the appeal. Within seven (7) days of the hearing, the City Council shall render a written decision stating forth the reasons for the decision. The licensee shall be required to maintain the security guards for a period of three months from the day the licensed uniformed security guard is first posted unless otherwise notified by the City Clerk. Upon notification by the Clerk then until such time as the verified police complaints total less than ten (10) within a 30-day period, calculated at regular intervals, from the date of the first posting of the licensed uniformed security guard. The need to continue or discontinue the provision of said licensed uniformed security guard shall be determined by the Chief of Police, Flint Police Department. Each determination for continuance may be appealed by the licensee by filing written notice with the City Council, within ten days of the date of mailing of the notice.
Failure to comply with this section shall result in a revocation of the Initial Merchants License and the issuance of a “cease and desist doing business order.” Appeal the decision to invoke any and all remedies provided for by this section may be appealed to the City Council by the licensee within ten days of the date of mailing of the notice of said decision.
(Ord. 3359, passed 11-24-1997; Ord. 3375, passed 7-27-1998)
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