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No person, firm or corporation shall bargain, sell, contract for or deliver coal or coke, at retail within the City of Flint without first having obtained a license so to do, as hereinafter set forth, and without complying with the provisions of this ordinance.
(Ord. 370, passed 1-29-1931)
Any person, firm or corporation desiring to bargain, sell, contract for or deliver coal or coke at retail within the City of Flint shall make application under oath and in writing to the City Clerk for a license so to do, on blanks which shall be supplied for that purpose, giving the following information:
(a) The name under which such business is to be conducted.
(b) Nature of the organization, whether an individual, firm, corporation or association.
(c) Proposed location or address of all storage yards and of the principal business office if it is at a different location than the yards.
(d) Name of the person to be actively in charge of the proposed business.
(e) The applicant possesses, leases or has continuous access to sufficient and necessary scales and weighing facilities that have been sealed by the Sealer of Weights and Measures, and the location of the scales and weighing facilities.
Such application shall thereafter be transmitted to the City Administrator who shall investigate the same, the result of which shall be reported in writing with his recommendation of approval or denial of the license to the City Clerk within thirty days after he has received such application. If the license is approved by the City Administrator and the said applicant has not had a fuel license theretofore revoked, the City Clerk, upon payment by the applicant of a fee as specified in Chapter 26 of this Code, shall forthwith issue a license to such applicant, which license shall be indexed by the City Clerk and shall bear a distinct number which shall be retained from year to year provided the license is properly renewed. If the City Administrator shall refuse to approve the application for license, the City Clerk, upon petition by the applicant, shall refer such application to the City Council for such action as it sees fit to take. Such license after its issuance, and all licenses shall be deemed to expire on April 30 of each year, and shall be renewed by the City Clerk upon the payment of the annual fee without filing a new application. The license fee shall be paid for any part or portion of the year while the license is in force.
(Ord. 370, passed 1-29-1931; Ord. 1072, passed 3-24-1953)
Statutory reference:
Weights and Measures Act, Act 283 of 1964, see MCLA 290.601 et seq.
The license herein granted may be revoked by the City Council at any time upon due showing that the licensee has been guilty of fraudulent practices of any kind, either by intentionally delivering less coal or coke than as shown on their weight certificate or by delivering coal or coke of a quality inferior to that ordered, or has violated a provision of this ordinance, when a license has been revoked for cause, no refund of license fee shall be made, and said licensee shall not thereafter be licensed except by resolution of the City Council duly passed.
(Ord. 370, passed 1-29-1931)
(a) No person, firm or corporation, except as hereinafter provided, shall deliver any coal or coke, which is sold by weight, unless the driver or person actually making the delivery, shall be possessed of a certificate in writing, or partly written and partly printed, together with a duplicate or carbon copy thereof, which certificate shall contain the following:
(1) Name of licensee coal merchant and number of license.
(2) Address of location of office from which the fuel is delivered.
(3) Address of purchaser.
(4) Name of person actually making the delivery.
(5) Weight of vehicle.
(6) Name or identifying initials of the party who weighed it.
(7) Net weight of the fuel.
(8) Kind of fuel delivered.
(9) Kinds of weight of each, if fuel is mixed.
Said certificate shall be in exact conformity with the facts and weight of the vehicle shall have been ascertained on the day of delivery.
(b) No person shall engage in the delivery of fuel sold by weight except as provided, without having at all times with him the duplicate certificates above mentioned and he shall deliver one of said duplicate certificates to the purchaser at the same time the delivery of the fuel is made, and shall show such certificate, or certificates or duplicates thereof, to the Sealer of Weights and Measures or any of his deputies, or to any police officer of the City, whenever demanded and both the driver and the licensee for whom he is working may be proceeded against for any violation of these provisions.
(c) This section shall not be applicable in those cases in which the licensee has sold and is delivering the entire carload of fuel to one party without reweighing or measuring the same but in those cases the licensee shall deliver to the purchaser immediately upon delivery of such fuel a duplicate copy of the licensee’s bill of lading or invoice of the weight, or an invoice of the quantity of such fuel in case the sale is made other than by weight.
(Ord. 370, passed 1-29-1931)
It shall be unlawful for any person, firm or corporation to substitute or mix fuels or cause the substitution or mixing of fuel sold at retail by said person, firm or corporation except when the fuel has been sold as such and so indicated on the delivery certificate.
(Ord. 370, passed 1-29-1931)
It shall be unlawful for any person, firm or corporation to sell, offer for sale, deliver or advertise any coal or coke by any name which is not the true, usual and customary name of the same without giving the true, usual and customary name of such fuel or the name of the State from which it comes, together with the name or number of the district, mine or seam from which it was mined, and a description which will indicate the size and character of its preparation.
(Ord. 370, passed 1-29-1931)
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