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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)
A religious organization as defined by § 12-171 hereof shall be exempt from payment of any fee as may be required by this chapter when making application for a permit to solicit contributions or sell or offer for sale any item for any charitable, religious or other purpose on the streets or in public places or by a door-to-door campaign in the City.
(Ord. 2853, passed 9-27-1982)
(a) Upon complaint with the Flint Police Department or with the City Clerk or by any person or organization or upon his own notice, the City Clerk may suspend the permit of any person or organization, or upon his motion, the City Clerk may suspend the permit of any person or organization granted a permit under this article for any of the following:
(1) Any material misrepresentation in the application for a permit or any fraud in its procurement, or failure to carry out any commitment or representation contained in the application.
(2) Any cause which would have prevented the granting of the permit in the first place.
(3) Misconduct of the permittees, such as the violation of any of the requirements of this article, the commission of any unlawful act prohibited by this article, or any other law involving honesty, good faith, integrity, responsibility or moral turpitude.
(b) After the City Clerk has made his findings and suspends a permit, the holder of the permit shall have the right to appeal to the City Council, or a committee thereof, within ten (10) days after receiving notice of such suspension. Such appeal shall be made by writing a letter and filing it with the City Clerk stating that an appeal from the ruling of the City Clerk is desired. If an appeal is not made within the ten-day period the permit shall be revoked. The City Council or a committee thereof shall convene to hear an appeal at their next regular meeting after written notice of appeal has been filed with the City Clerk.
(Ord. 598, passed 10-8-1945; Ord. 2710, passed 6-11-1979; Ord. 2853, passed 9-27-1982)
It shall be the duty of the applicant to attach to the application filed a proposed identification card and the name of one person, which person will be the only person authorized to sign and issue such cards. All solicitors or salesmen shall be furnished the cards, properly signed and dated on the person or the solicitor or salesman. Such identification card shall be worn in plain view at all times while the person is selling or soliciting under a permit issued by the City Clerk.
(Ord. 598, passed 10-8-1945; Ord. 2710, passed 6-11-1979)
It shall be prohibited for any person to do:
(a) Solicit for a charitable, patriotic or other nonprofit organization unless the organization shall have previously applied for and obtained a permit as set forth in this chapter;
(b) Solicit under this article after 7:00 p.m.
(c) Solicit without the express prior permission of an occupant, at any residence address or apartment complex where there is posted a sign stating: “No Solicitors or Peddlers.”
(d) Engage in door-to-door solicitation or sales prior to 10:00 a.m. or after 7:00 p.m. on any day.
(e) No person shall solicit in the street in such a way so as to obstruct traffic.
(Ord. 2710, passed 6-11-1979; Ord. 3534, passed 5-10-2004)
ARTICLE XXIII. SALE OF ICE CREAM FROM VEHICLES AND THE LIKE
(a) License. No person shall operate a motor vehicle, cart, pushcart, or any other type of vehicle for the purpose of engaging in the business or occupation of selling ice cream or ice cream products on the streets, sidewalks and other public places of the City without a license for that purpose from the City issued by the City Clerk.
(b) Definitions.
CART or PUSHCART. All such forms of conveyance not included within the definition of “vehicle” as used herein.
ICE CREAM, ICE CREAM PRODUCTS or CONFECTIONS. Any frozen product made from cream and/or milk of any kind in connection with any other substance; and sherbet, ice or any imitation ice cream made of water, milk solids or substances, mixtures or compounds offered for sale in imitation of or to resemble ice cream or sherbet.
VEHICLE. Any vehicles which are self- propelled by self-contained mechanical means such as internal combustion engines, but shall not include those which are propelled merely by pushing, pedaling or other means of manpower.
(Ord. 856, passed 5-2-1949; Ord. 1327, passed 5-7-1956; Ord. 3073, passed 9-26-1988)
(a) Required. No person, firm or corporation shall operate or engage in the business or occupation of operating any vehicle, or cart, or pushcart for the purpose of sale of ice cream, ice cream products, or confections on the streets, sidewalks and other public places of the City without a license for that purpose from the City, issued as provided in this article. Before a license may be issued for such operation of a vehicle classed as a motor vehicle under the Michigan Motor Vehicle Code, it must first be properly licensed and equipped under the Michigan Motor Vehicle Code. A separate license shall be necessary for each vehicle or pushcart.
(b) Documentation. Under this section for a vehicle classed as a motor vehicle under the Michigan Motor Vehicle Code, documentation must be provided to the City Clerk showing that the vehicle is properly licensed and equipped under the Michigan Motor Vehicle Code, and that all persons who shall drive said vehicle possess a current valid Michigan driver’s license.
(Ord. 856, passed 5-2-1949; Ord. 1892, passed 3-21-1966; Ord. 3073, passed 9-26-1988)
The City Council shall refuse a license when in its opinion there are licensed a sufficient number of such vehicle or vehicles, to adequately serve the public, or when the use of streets, sidewalks or public places congest traffic or endanger the person or property of pedestrians or others using streets, sidewalks or public places.
(Ord. 856, passed 5-2-1949; Ord. 1892, passed 3-21-1966)
Any license issued under and by virtue of the authority of this ordinance may be suspended by the City Administrator or revoked by the City Council at any time, and a violation of any of the provisions of this ordinance or of any traffic ordinance of the City of Flint or of State or Federal statutes, shall be sufficient grounds for the revocation of any license issued hereunder and shall be considered sufficient grounds for the refusal to grant a license in the first instance.
(Ord. 856, passed 5-2-1949)
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