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It shall be unlawful for any person, firm or corporation to use or cause to be used, any building, part of building property, stand, shelter or equipment for the sale of fruits, vegetables, ice cream, soft drinks, candy, magazines, flowers, oils, merchandise, commodities or things without first having obtained the written permit of the Chief Inspector of the Division of Safety Inspections.
(Ord. 422, passed 6-28-1932)
The said Chief Inspector shall not issue any permit for the construction, use and/or occupation of any building, part of building, property, stand, shelter or equipment, which is to be used for the sale of the above mentioned articles, that has less than one hundred fifty (150) square feet of floor area (outside measurements) or less than twelve hundred seventy-five (1,275) cubic feet of air space within the four walls and ceiling, nor more than 600 square feet of floor area and must be a permanent building and shall conform in all respects to the zoning ordinance, Building, Plumbing and Electrical Codes of the City of Flint. Such places or businesses displaying or selling fruits, vegetables, ice cream, soft drinks or any other food stuffs or employing three or more persons therein shall have sewer, toilet and water connections.
(Ord. 422, passed 6-28-1932)
ARTICLE XIV. WRECKERS AND WRECKER AND TOWING SERVICE
The following words, when used in this chapter, shall, for the purpose of this Chapter mean:
CRUISING. The driving of a wrecker on a street, alley or public places of the City of Flint in a fashion or manner calculated for the purpose of soliciting or seeking business.
OPERATOR. Any person operating a wrecker or towing vehicle for a wrecker and towing service.
PERSON. A natural person, firm, partnership, association or corporation and their legal successors.
WRECKER. Any motor vehicle adapted to or designed for towing, transporting, conveying or moving any and all types of vehicles which are unable to be, or actually are not operated under their own power, such towing or transporting being accomplished by means of lifting the towed vehicle totally or partially off the ground.
WRECKER OR TOWING SERVICE. A person engaged in the business of providing the services of one or more wreckers for hire or use to tow, transport or move motor vehicles on public streets.
(Ord. 2655, passed 8-14-1978)
No person shall keep for use on the streets of the City of Flint any wrecker or operate a wrecker or towing service on the streets of the City of Flint without obtaining a wrecker license from the City Clerk for such purpose. Such license shall expire on April 30 of each year. The fee for license shall be established from time to time by resolution of the City Council, kept on file by the City Clerk, and contained in Appendix A of the City Code. The City Clerk shall issue a sticker or card for each licensed wrecker indicating that said vehicle is licensed for the current term. Recorded on such sticker by the City Clerk for the current term will be the license plate number, vehicle identification number and the name of the vehicle owner. Each sticker or card shall be affixed to the inside of the lower right-hand corner of the windshield. Wrecker licenses are not transferrable from one person to another but may be transferred from one wrecker to another upon application to the City Clerk and the payment of a transfer fee as shall be established from time to time by resolution of the City Council, kept on file by the City Clerk, and contained in Appendix A of the City Code.
(Ord. 2655, passed 8-14-1978; Ord. 3401, passed 2-8-1999)
Each application for a license shall be made upon a form to be supplied by the City Clerk and shall be accompanied by the fee as specified in Chapter 26 of this Code; insurance as hereinafter required: and a report from the Police Department that the vehicle and its equipment meet the safety standards hereafter prescribed. The application form shall include space to provide the full name and address of the owner of the vehicle, the name and address of the wrecker and towing service making application for the license, location of all vehicle storage lots, as well as the year, license number, vehicle number for which the license is desired, a certificate by applicant of an intent to comply with such other pertinent rules and regulations as may be published by the Mayor. Upon receipt of the properly executed form with required documentation, the City Clerk, in the absence of information of cause not to do so, shall issue the license or renewal applied for.
(Ord. 2655, passed 8-14-1978)
(a) Basis for refusal to grant, suspension, revocation or denial of a license. The City Council may refuse to grant, suspend, revoke or deny renewal of a wrecker license for any one or more of the following reasons:
(1) If the application thereof, or holder thereof, attempts to obtain or obtains a wrecker license by fraud or misrepresentation; or
(2) If the applicant therefor, or holder thereof, shall violate any provision of this ordinance, or shall violate other ordinances of this City, or laws of the State of Michigan, the violations of which reflect unfavorably on the fitness of the applicant therefor, or holder thereof, to offer wrecker service; or
(3) If the applicant therefor, or the holder thereof, shall fail to provide capable, qualified, reasonable prompt or courteous wrecker service to the residents of and visitors to the City of Flint; or
(4) If the applicant therefor, or holder thereof, shall fail to take out and maintain in full force and effect during the period for which the license is issued, the policies of insurance as required in § 12-107.
(5) If the applicant therefor, or holder thereof, shall be or become financially irresponsible or shall at any time declare bankruptcy or be declared bankrupt.
(b) Procedure to grant, revoke, suspend or deny renewal of license.
(1) The City Clerk, upon receiving a written complaint of the Police Department or other reliable evidence that there is cause to refuse to grant an application, or to suspend, revoke or deny the renewal of a wrecker license, shall not grant any application or renewal but shall notify the applicant therefor or holder thereof, in writing and shall forward to the City Council a full report of the matter.
(2) The applicant therefore, or holder of the wrecker license, may by written request bring the matter to the attention of the City Council for a decision on an application.
(3) In the case of a suspension, revocation or denial or renewal, upon receipt of the request, or evidence to support a suspension or revocation, the City Council shall set a date for the public hearing and shall provide at least ten (10) days written notice of the time and place thereof to the applicant for or holder of the wrecker license along with a written statement of the charges or reasons for the City Clerk’s decision.
(4) At the public hearing, the applicant therefor, or holder of the wrecker license, may appear with legal counsel, may present witnesses in his behalf and may question witnesses speaking against his interest.
(5) A vote of a majority of the Council members present shall be required to grant a license renewal, or to impose a suspension or revocation.
(Ord. 2655, passed 8-14-1978)
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