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(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)
The City Administrator shall have power to suspend any license issued under the provisions of this ordinance whenever in his judgment it is for the best interests of the community to do so, having in mind the welfare, safety and health of the City.
The City Administrator may revoke any license for the same causes as above specified, after giving the licensee reasonable notice and an opportunity to be heard.
Violation of the express conditions and regulations under which said license was granted shall be sufficient cause for the suspension and revocation of said license.
In case the license is revoked for violation of the express conditions and regulations under which it was granted, the amount of the fee paid therefor shall be forfeited to the City and no licensee shall have the right to a refund of any part of said fee.
(Ord. 1428, passed 3-17-1958)
The City Clerk shall issue to all persons making application under this section and obtaining a license hereunder and who sell their goods from a vehicle, a tag to be attached to their vehicle which shall be marked “Producer’s License” and shall bear the same number as the license issued to the owner, except veterans who shall be issued a tag marked “Veterans License.”
(Ord. 1428, passed 3-17-1958; Ord. 1792, passed 8-17-1964)
ARTICLE XXII. CHARITABLE SOLICITATIONS AND THE LIKE
No person shall obtain contributions or solicit contributions or sell or offer for sale any cookies, candy, poppies, tags, buttons, forget-me-nots, flags, ribbons or any other such tokens, whether real or artificial, for any charitable, patriotic or other purpose on the streets or in public places or by a door-to-door campaign, in the City without complying with the provisions of this article and without obtaining a permit authorized by the City Clerk for conducting the solicitation or sale at the particular time and place involved, and without paying a fee, which 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. 598, passed 10-8-1945; Ord. 2710, passed 6-11-1979; Ord. 2853, passed 9-27-1982; Ord. 3430, passed 2-22-1999)
(a) An application for a permit to obtain funds or to solicit or sell as provided in § 12-180 shall be filed with the City Clerk not later than one (1) day prior to the commencement of any solicitation or sale. The application shall contain the following information, or in lieu thereof, a detailed statement of the reason or reasons why that information cannot be furnished.
(1) The name, address or headquarters of the applicant.
(2) If applicant is not an individual, the names and addresses of applicant’s principal officers and managers, and whether the organization is part of an international, or State agency or organization, or entirely local.
(3) Length of time the organization has been in continuous existence in the City.
(4) If the organization is a new organization, a detailed statement of the type and kind of organization, its objectives and the service it will render in the City or elsewhere.
(5) The names and addresses of the person who will be in direct charge of conducting the solicitation or sale and of the person by whom the receipts will be dispersed.
(6) The purpose for which solicitation or sale is to be made, the total goal or amount of funds proposed to be raised thereby and the use or disposition to be made of any receipt therefrom.
(7) An outline of the methods to be used in conducting the solicitations or sale, and a description of any device, token or article to be given or sold, together with a sample thereof, if practicable, and information as to its place of origin and manufacture.
(8) The time when such solicitations or sales shall be made giving the preferred dates for the beginning and ending thereof, and the area within the City in which the solicitation or sale will be conducted.
(9) The estimated cost of the solicitation and the amount of any wages, fees, commissions, expenses or gifts to be expended, paid or given to any person in connection with the solicitations or sales, and the names and addresses of the persons.
(10) A full statement of the character and extent of the charitable work being done by the applicant within the City and elsewhere, if the applicant is a charitable or nonprofit corporation.
(11) A statement to the effect that if a permit is granted it will not be used or represented in any way as an endorsement by the City, by any department or officer thereof.
(12) Attached to the application shall be the form of identification card which shall be the credentials of all persons participating in the solicitation or sale and the application shall show the name of the person authorized by the applicant to sign such identification cards.
(13) Such other information as may be reasonably required by the City Clerk to determine the kind and character of the proposed solicitation or sale, and whether the solicitation or sale is in the best interest of, and not contrary to, the public welfare.
(b) If, while any application is pending, or during the term of any permit granted thereon, there is any change in fact, policy or method that would alter the information given in the application, the applicant shall notify the City Clerk in writing thereof within twenty-four (24) hours after the change.
(Ord. 598, passed 10-8-1945; Ord. 2710, passed 6-11-1979; Ord. 2853, passed 9-27-1982)
(a) The City Clerk shall issue a permit provided for in § 12-180 when the City Clerk shall find the following facts exist:
(1) That all of the statements made in the application are true;
(2) That the applicant has a good reputation for honesty and integrity, or if the applicant is not an individual, that every officer, manager or agent of the applicant has a good reputation for honesty and integrity;
(3) That the control and supervision of the solicitation or sale will be under responsible and reliable persons;
(4) That the applicant has not engaged in any fraudulent transaction or enterprise.
(5) That the applicant has not been previously granted more than one permit during the calendar year.
(b) The City Clerk shall notify the Police Department, the Chief Legal Officer, the Chief Administrator and the City Council of any action taken under this chapter.
(c) No permit issued under this chapter shall be valid for a period exceeding seven (7) consecutive days for street solicitations or fourteen (14) consecutive days for all other types of solicitations governed by this article.
(d) No door-to-door solicitation or sales shall occur prior to 10:00 a.m. or after 7:00 p.m. on any day.
(e) If the City Clerk denies the applicant’s request for a permit under this article, the City Clerk shall provide the applicant with written notice of the denial and the reasons for the denial. The applicant shall have the right to appeal to the City Council, or a committee of Council, within fourteen days after receiving notice of denial. The appeal shall be made by writing a letter and filing it with the City Clerk stating that an appeal from the denial of the permit by the City Clerk is desired. The City Council, or a committee of Council, shall convene to hear an appeal at their next regular meeting after written notice of appeal has been filed with the City Clerk. If an appeal is not made within the fourteen-day period the right to make the appeal is waived.
(Ord. 598, passed 10-8-1945; Ord. 2710, passed 6-11-1979; Ord. 2853, passed 9-27-1982; Ord. 3532, passed 5-10-2004)
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