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The sale or distribution of Christmas trees by charitable institutions occupying property exempt from taxation pursuant to statutes of the State of Michigan, upon such tax exempt property, may take place notwithstanding the provisions set forth in Chapter 50 of this Code.
(Ord. 1835, passed 5-3-1965; Ord. 1881, passed 12-13-1965; Ord. 1943, passed 10-31-1966; Ord. 1977, passed 6-12-1967)
Every person, firm or corporation or charitable organization desiring to sell or distribute Christmas trees upon a vacant lot or other outdoor location within the City of Flint shall make application to the City Clerk of the City of Flint no later than two days prior to the commencement of such operations, setting forth the information hereinafter set forth; provided, however, that every person, firm or corporation regularly operating a florist shop, nursery or other business principally devoted to the sale, at retail, of nursery stock, flowers and gardening equipment, shall be exempt from the licensing and bonding requirements:
(a) The name, address or headquarters of the applicant;
(b) The location of the premises upon which operations are to be conducted, the owner of same, and the nature and extent of the applicant’s right to occupy the premises if the applicant is not the owner. The applicant shall furnish documentary evidence with reference to the latter requirement if, in the opinion of the Chief Legal Officer, such information is required.
An application fee as specified in Chapter 26 of this Code shall accompany the application for each location. This fee shall be for the purpose of covering the cost of processing the application and conducting the investigations and inspections hereinafter provided and shall not be returnable. Upon receipt of the foregoing information and the bond required by § 12-86, and upon ascertaining that the applicant is not in arrears in the payment of amounts properly charged under § 12-86, the City Clerk shall approve said application.
In the event the applicant is a corporation or charitable organization, the person signing said application on behalf of same shall assume personal responsibility for compliance with the provisions of this ordinance and shall be subject to the penalty provisions hereof.
(Ord. 1835, passed 5-3-1965; Ord. 1977, passed 6-12-1967)
In addition to the license fee provided in § 12-84, the applicant shall furnish a cash bond in the amount of one hundred dollars ($100.00) to insure full and faithful compliance with the following requirements:
(a) The applicant shall remove all unsold Christmas trees, limbs, brush and debris from the premises within seven (7) days after the termination of the operations.
(b) The applicant shall remove, within seven (7) days after termination of operations, any other material or conditions which constitute a public or private nuisance or which constitute a fire hazard or which are detrimental to the general health, safety and welfare of adjacent property owners and the general public.
(c) The City of Flint shall be empowered to use the amount of said bond for the purpose of performing the obligations hereinabove set forth.
If the City is required to perform the obligations hereby imposed upon the applicant, the cost of same shall be computed and charged to the applicant, together with a penalty charge of 10%. If the cost thereof exceeds the amount of the bond, the applicant shall remit same within ten (10) days of notification. Failure to thusly remit shall constitute just and sufficient cause to reject any future applications to sell or distribute Christmas trees within the City of Flint. If the costs and penalty hereinabove specified are less than the amount of the bond, the difference between the same and the amount of the bond shall be returned to the applicant. The applicant shall be required to appear in person, or by his duly authorized representative at the office of the City Clerk to claim this amount. An inspection shall be conducted by representatives of the City of Flint prior to the return, in full or in part, of the amounts hereinabove specified.
The bonds herein contemplated shall be signed by the applicant or his duly authorized agent and the owner or owners of the premises upon which the operations are to be conducted. The instrument shall further, by express terms, empower the City of Flint by its duly designated agents or employees, to enter upon the premises for the purpose of performing the obligations set forth in § 12-90; provided, however, that any person, firm or corporation selling Christmas trees upon property properly zoned therefor and upon which their principal use is situated shall not be required to post the bond as hereinabove set forth. In the event, however, that such person, firm or corporation shall fail to comply with the provisions hereinabove set forth, such failure shall constitute just and sufficient cause to reject any further applications to sell or distribute Christmas trees upon said property.
(Ord. 1835, passed 5-3-1965; Ord. 1977, passed 6-12-1967)
The applicant shall maintain the premises in a safe and sanitary condition. The applicant shall not allow combustible materials to accumulate upon the premises, and shall comply forthwith with the requirements of officials of the Fire Department, the Department of Public Works and Utilities and the Police Department of the City of Flint.
(Ord. 1835, passed 5-3-1965)
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