(a) License required; exceptions. It shall be unlawful for any person to vend, sell or distribute in any manner whatsoever any article, with the exception of synthetic prophylactics or condoms, or medicinal preparations primarily manufactured for, or which may be used as a contraceptive within the City, except regularly licensed practitioners of medicine or registered pharmacists. No person shall prescribe or designate in any manner the use of any such article or preparation, except licensed practitioners of medicine. It shall be unlawful to vend, sell or distribute in any manner whatsoever, any such articles or medicines on the streets, including peddling, canvassing or soliciting from house to house. Providing however, that synthetic prophylactics or condoms may be sold or distributed in the manner set forth in the following section.
(b) License. No person shall install, maintain or possess a machine dispensing condoms in a place open to the public without a license. A license shall be issued by the City Clerk if the requirements of this section, the Code of the City of Flint, and State and Federal law are met. Said license shall be renewed annually.
(c) Notices on machines. The messages on a condom vending machine shall be limited to the following information:
(1) The name, address and other identifying information, regarding the distributor of the dispensing machine who is responsible for machine maintenance.
(2) The condom manufacturer’s name, brand name, price and other descriptive information regarding the condoms sold in the machines.
(3) A statement that “abstinence is the best protection from pregnancy and the spread of sexually transmitted diseases.”
(4) A statement that “condoms may significantly decrease (but not eliminate) the chances of pregnancy or the spread of sexually transmitted diseases.”
(d) Investigation of applicant. Upon filing the application as provided in this article, the same shall be referred to the Chief of Police for an investigation. After investigation by the Chief of Police, the application shall be referred to the City Council.
(e) Time for license. License applications for all existing condom vending machines shall be filed within ten (10) days of the effective date of this ordinance and total compliance obtained within thirty (30) days or the machines shall be removed.
(f) Issuance of license; fee; license period. Upon approval of the license by the City Council, the City Clerk shall issue a license, provided that the applicant had complied with all sections of this article and this Code or any other ordinances applying to the applicant, and upon the payment of the fee prescribed in Chapter 26. All such licenses shall be for a period of one year and shall expire on April 30 next following the date of issuance, and there shall be no rebate for any lesser time.
(g) Suspension or revocation.
Any license issued by the City of Flint under the provisions of these Code sections may be suspended or revoked by the City Council at any time that the City Council may deem or determine that the holder of the license is not in compliance with this section, or has been convicted of any violation of this article.
Revocation shall be accomplished by a hearing held before the City Council, or a hearing panel of the Council in accordance with the rules for hearings as previously adopted by the Council.
In addition, where the holder of a license granted under this article is also the licensed owner or operator of an alcoholic liquor establishment, and in connection with the operation of such establishment, said licensee violates or allows another person to violate any rule or regulation promulgated by the Liquor Control Commission, or any law of the State of Michigan or any applicable ordinance of the City of Flint, the City Council may, after notice and hearing as previously adopted by the City Council, suspend or revoke any license granted under the provisions of this article.
(Ord. 476, passed 4-12-1934; Ord. 3064, passed 7-11-1988)