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It shall be unlawful to make any use for any purpose whatsoever of any motor vehicles parked in any open parking station unless such use shall first be expressly authorized by the owner or person having control of such vehicle.
(Ord. 156, passed 7-12-1937)
ARTICLE XXI. SOLICITOR’S, CANVASSER’S AND PEDDLER’S LICENSE
PEDDLER. Any person eighteen (18) years of age or older, engaged in the business or occupation of selling or offering for sale, goods, wares, merchandise, flowers, foods or beverages, or in the course of traveling from one location to another, on private or public property in the City of Flint.
RELIGIOUS ORGANIZATIONS. Any organization, church, body of communicants, or group not for pecuniary profit, gathered in common membership for mutual support and edification in piety, worship, and religious observances; or any society, not for pecuniary profit, of individuals united for religious purposes at a definite place, or a church- related private school, not for pecuniary profit.
SOLICITOR or CANVASSER. Any person eighteen (18) years of age or older engaged in the business or occupation of taking orders or attempting to take orders, in the course of traveling from one location to another, on private or public property in the City of Flint, for the sale and purchase of service, goods, wares, merchandise or any tangible property, for future delivery or for services to be performed in the future.
(Ord. 1428, passed 3-17-1958; Ord. 1792, passed 8-17-1964; Ord. 2853, passed 9-27-1982; Ord. 3185, passed 11-11-1991)
(a) It shall be unlawful for any solicitor, canvasser or peddler to engage in such business in the City without first having obtained a license therefor in the manner set forth in this article. Any license so issued shall not permit any person to engage in the business of peddling or vending any goods, wares or merchandise in areas in which such sales are prohibited.
(b) However, a property owner or lessee who is licensed to sell food on his premises may sell food on the sidewalk immediately in front of his premises, if done in such a manner as does not obstruct the free passage of persons along the sidewalk.
(Ord. 1428, passed 3-17-1958; Ord. 1792, passed 8-17-1964; Ord. 2837, passed 6-14-1982; Ord. 2992, passed 5-12-1986; Ord. 3476, passed 5-29-2001)
Each person, firm or corporation desiring to obtain a license to engage in business as a solicitor, canvasser or peddler shall make written application therefor to the City Clerk on a form furnished by said Clerk, and at the time of making application, shall pay to the City Clerk a sum specified in Chapter 26 of this Code, which shall be a fee for processing the application.
The application for license required herein shall contain the following items together with such additional information as the City Clerk may require.
(a) The 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 the 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 list or general description of the goods, wares or merchandise to be sold or offered for sale.
(e) The length of time for which the license is desired.
(f) Whether the applicant has held a solicitor’s, canvasser’s or peddler’s license from the City or has applied for said license previous to the present application, together with the years in which such previous licenses were held or applications were made.
(g) The place or places, other than the permanent place of business of the applicant, where the applicant has conducted business during the previous six months.
(h) A photograph of the applicant taken within 60 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.
(i) The fingerprints of the applicant.
(j) A statement of any convictions of the applicant of any crime or misdemeanor or violation of any city ordinance, the nature of the offense and the punishment or penalty assessed therefor.
(k) The affidavit of the applicant to the truth of the statements contained in the application, signed by the applicant.
If the business of the applicant shall require the use of weighing or measuring devices, the applicant shall be accompanied by a certificate from the Sealer of Weights and Measures stating that said devices have been examined and approved.
(Ord. 1428, passed 3-17-1958; Ord. 1792, passed 8-17-1964)
(a) For each license issued under the provisions of this article, the applicant shall pay the appropriate fee according to the schedule specified in Chapter 26 of this Code.
(b) The following classes of solicitors, canvassers and peddlers shall be exempt from the payment of license fees:
(1) Those engaged in interstate commerce.
(2) Those selling only products produced, grown or manufactured by their own labor. This exemption does not apply to the makers of baked goods.
(3) Those representing retail or wholesale establishments which have engaged in business in the City three months or longer.
(4) Those selling on a veterans license.
(c) This shall not apply to nonprofit ordinance organizations.
(Ord. 1428, passed 3-17-1958; Ord. 1458, passed 9-29-1958; Ord. 1792, passed 8-17-1964; Ord. 3476, passed 5-29-2001)
Upon receipt of such application,, together with the appropriate fee, the City Clerk shall make such investigation as he deems necessary for the protection of the public good. If as a result of the investigation, the applicant’s character and business reputation are found to be unsatisfactory, the application shall be denied. If as a result of the investigation, the character and business reputation appear to be satisfactory, the City Clerk shall issue a license.
No license shall be issued to a person under eighteen (18) years of age except that this limitation shall not apply to “street trades” as the term is defined in Act 90 of 1978 of the Statutes of the State of Michigan, as amended.
No applicant to whom a license has been refused or who has had a license revoked shall make further application until a period of at least six months shall have elapsed since the last previous rejection or revocation, unless he can show, to the satisfaction of the City Clerk, that the reason for such rejection or revocation no longer exists.
(Ord. 1428, passed 3-17-1958; Ord. 1499, passed 7-29-1959)
Statutory reference:
Youth Employment Standards Act, see MCLA 409.101 et seq.
(a) Each licensee, upon receipt of such license, and in the presence of the City Clerk, shall affix his signature thereon, accepting the license and all the conditions of its use as stated in this article or other provisions of this Code or other ordinances now in force or which may be enacted by the City Council, respecting the use of such license, and agreeing to the suspension and revocation of such license should any of the conditions be violated.
(b) The following conditions and regulations shall apply to the exercise of privileges granted by licenses issued under the provisions of this article, in addition to those set forth in other parts of this article, or this Code or other ordinances of the City:
(1) No licenses shall use any weighing or measuring device in the conduct of his business, or have in his possession any weighing or measuring device, unless such device shall have been examined and approved by the Sealer of Weights and Measures and in conformance with all State law requirements.
(2) All packages, articles and goods offered for sale must comply with State labeling requirements (MCLA §§ 289.8101 through 289.8111).
(3) No licensee shall sell or offer for sale any food without first having on file with the City Clerk’s office a food establishment license from the Michigan Department of Agriculture or food service establishment license from the Genesee County Health Department, whichever is necessary and/or required.
(4) Every vehicle used for peddling or vending shall have a tag attached to each side thereof, bearing the same number as the license issued to the owner, such tag to be furnished by the City Clerk, and to be marked “Peddler’s License.” Every owner licensed to sell or vend from a vehicle or vehicles, shall be entitled to one helper to each vehicle.
(5) The City Clerk may require that the goods, wares and merchandise of an applicant for a license hereunder be inspected by the Chief of the Fire Department or any inspector of the Fire Department designated by the Chief of the Fire Department to act for him, before issuing a license under the terms of this article. The City Clerk shall refuse a license to any applicant where the goods, wares or merchandise are found to be a fire hazard by the inspecting official.
(6) Persons peddling or vending goods under this article from a vehicle shall comply with the provisions of the traffic and parking regulations of the City relative to vehicles; a vehicle inspection must be performed by the City of Flint Police Traffic Division. A copy of the inspection must be on file with the City Clerk’s office.
(7) All vendors licensed in accordance with this article and operating from motorized vehicles shall operate or be permitted on the streets, sidewalks, and other public places of the City between the hours of 9:00 a.m. and 9:00 p.m., or dusk, whichever comes first.
(8) All vehicles licensed in accordance with this provision must turn off their music or sound system while transacting business and must, at all times, comply with the applicable provisions of §§ 31-70 et seq. Noise Control.
(9) A fine of $500.00 and/or 90 days in jail may be imposed upon the licensee if compliance is forfeited by the licensee.
(Ord. 1428, passed 3-17-1958; Ord. 3161, passed 3-25-1992; Ord. 3476, passed 5-29-2001)
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