(A) Compliance required. It shall be unlawful for any person, either directly or indirectly, to conduct any business, non-profit enterprise, social club, or to use in connection therewith any vehicle, premises, machine or device, in whole or in part, for which a license or permit, is required by any law or ordinance of this city or state, without a license or permit therefor being first procured and kept in effect at all times as required by this subchapter or other law or ordinance of this city.
(B) Special sales. This subchapter shall apply to all business in the nature of special sales for which a license is required by any law or ordinance of this city and it shall be unlawful for any person, either directly or indirectly, to conduct any sale except in conformity with the provisions of this subchapter.
(1) One act constitutes doing business. For the purpose of this subchapter, any person shall be deemed to be in business or engaging in nonprofit enterprise, and thus subject to the requirements of divisions (A) and (B) of this section, when he or she does one act of:
(a) Selling or providing any goods or service;
(b) Soliciting business or offering goods or services for sale or hire;
(c) Acquiring or using any vehicle or any premises in the city for business purposes; or
(d) Occupying a commercial building for the use of a social club or similar activity.
(2) Agents responsible for obtaining license. The agents or other representatives of nonresidents who are doing business in this city shall be personally responsible for the compliance of their principals and of the businesses they represent with this subchapter.
(3) Separate license for branch establishments.
(a) Generally. A license shall be obtained in the manner prescribed herein for each branch establishment or location of the business engaged in, as if each branch establishment or location were a separate business; provided that warehouses and distributing plants used in connection with and incidental to a business licensed under the provisions of this subchapter shall not be deemed to be separate places of business or branch establishments.
(b) Rental real property. Each rental real property shall be deemed a branch establishment or separate place of business for the purposes of this subchapter when there is a representative of the owner or the owner's agent on the premises who is authorized to transact business for the owner or owner's agent or there is a regular employee of the owner or of the owner's agent working on the premises.
(4) No joint license. A person engaged in two or more businesses at the same location shall obtain separate licenses to conduct each of the businesses.
(5) No license required for mere delivery. No license shall be required of any person for any mere delivery in the city of any property purchases or acquired in good faith from the person at his or her regular place of business outside the city where no intent by the person is shown to exist to evade the provisions of this subchapter.
(6) No special permits to nonprofit enterprise. The City Clerk shall not issue special permits, without the payment of license fees, to any person or organization for the conduct or operation of a non-profit enterprise, either regularly or temporarily, when he or she finds that the applicant operates without private profit for religious purpose.
(a) Application for special permit. An applicant for a special permit shall submit an application therefor to the City Clerk, upon forms prescribed by the City Clerk, and shall furnish additional information and make affidavits as the City Clerk shall require.
(b) Special permittees must conform. A person or organization operating under a special permit shall operate his or her nonprofit enterprise in compliance with this subchapter and all other applicable rules and regulations except as provided herein.
(7) Consumer and low-impact fireworks permit. Retail sales of consumer grade/low-impact fireworks in the City of Hamtramck must be in compliance with Michigan Fireworks Safety Act PA 256, amended December 31, 2018, and follow these regulations:
(a) Retail sales of fireworks must obtain an additional special permit in addition to the business license.
1. The fee of the special fireworks permit shall be set by Council resolution annually.
(b) Professional grade display fire works remain illegal to buy and sell.
(c) Anyone selling consumer fireworks must be certified by the State of Michigan to do so and must prominently display the state certificate at the retail location.
(d) Anyone selling low-impact fireworks must be registered on the state's website before doing so.
(e) Anyone selling consumer or low-impact fireworks must file an application for permit with the City Clerk.
(f) Retail sellers of consumer fireworks must maintain insurance coverage of not less than $10,000,000 per occurrence.
(g) Any person or business selling, distributing or transporting fireworks shall otherwise comply with the Act, and is required to obtain the approvals that are necessary under the applicable provisions of the Ordinances of the City of Hamtramck and the Act. Failure to secure applicable approvals is subject to penalty as provided in the Act or the Ordinances of the City of Hamtramck.
(8) Sidewalk sales. Separate temporary permits may be applied for through the City Clerk's office. The fee shall be set annually by City Council. A sidewalk sale is defined as merchandise on display for sale on public right-of-way sidewalks. Properties with ingress entrances are not subject to sidewalk sale. Sidewalk sales are permitted in commercially zoned districts on Joseph Campau, Conant Ave, Holbrook Ave and Caniff only.
(a) The City Clerk shall develop a policy for the regulation of sidewalk sales containing, but not limited to the following:
1. Sidewalk sales shall be limited of the amount available, per business, per calendar year, and set for a duration of time for each permit approved;
2. The City Clerk shall have the authority to suspend or revoke this permit for any violation of any ordinance, law, violation of the policy.
3. The temporary use of the site must be consistent with the zoning ordinance, and not cause any disturbance to the neighboring properties.
4. Sidewalk sale merchandise may only be located directly in-front of the business holding the sale. The merchandise displayed shall not impede pedestrian traffic and a 48-inch wide minimum path shall be maintained at all times during the sales.
(Ord. 396, passed 1-29-1981; Am. Ord., passed 9-8-2020) Penalty, see §
110.999