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§ 110.03 LICENSE REQUIREMENT.
   License required. No person shall engage in commercial vending, soliciting or peddling without a license authorized and issued by the Village Clerk, as required under this chapter. Applications shall be completed in person and given to the Village Clerk no later than seven days prior to the requested effective date. Commercial vendor applications shall be filed with the Village Clerk no later than 14 days prior to the requested effective date. In the event that the application is made by an organization, group, association, partnership, corporation, trust, business entity or any combination of the above, an application must be made for each and every agent or employee who shall be engaging in the act of soliciting. Special event vendors must comply with license requirements of Chapter 115 of the Village of Lake Orion Code of Ordinances.
(Ord. 13.01, passed 9-11-17; Ord. 13.06, passed 8-28-23)
§ 110.04 APPLICATION PROCEDURES.
   (A)   Form. The license application shall be made upon a form provided by the Village Clerk.
   (B)   Fees. License and application fees shall be set from time to time by the Village Council by resolution.
   (C)   The following persons shall be exempt from the licensing requirements, administration and/or license fee, and license identification card requirements of this chapter, but shall be subject to the other provisions herein:
      (1)   Persons engaging in the occupation of sale or of distribution of newspapers.
      (2)   Persons engaging in soliciting on foot within one-half mile of their residence.
      (3)   Persons engaged in noncommercial, religious or charitable canvassing.
      (4)   Persons engaged in the distribution of handbills, signed and unsigned, political or otherwise.
      (5)   Persons duly licensed under Act 359 of 1921, M.C.L.A. §§ 35.441 et seq. (Qualified veterans).
      (6)   Special event vendors.
   (D)   License period. The license term for special event vendors, solicitors, and peddlers shall be limited to the time frame as the application and permit fees allow. Amended only as specified above and in this Section, the Code of Lake Orion shall remain in full force and effect.
(Ord. 13.01, passed 9-11-17; Ord. 13.06, passed 8-28-23)
§ 110.05 REQUIREMENTS FOR ALL APPLICATIONS.
   Applications. All applicants for a license under this chapter shall pay to the village the fee required, and file with the Village Clerk a sworn application in the form required by the Village Clerk, which shall include the following:
   (A)   The name of the person(s) who will engage in vending, soliciting or peddling within the village, including the person's current address of residence and length of residence at such address, business address if other than the residence address, business and residence telephone numbers, driver's license number, and a physical description including height, weight, and color of hair and eyes.
   (B)   A brief description of the business or activity to be conducted including the methods to be used and a description of the types of goods or services to be sold.
   (C)   The dates, hours and location for which the right to engage in vending, soliciting or peddling is sought.
   (D)   Proof that the applicant has obtained all licenses or permits required by state law.
   (E)   The place where the wares, merchandise, services, items or personal property or real property are located, manufactured or produced, where such items are located at the times said application is filed and the proposed method of delivery.
   (F)   If employed and acting as an agent, the name, address and telephone number of the parent organization who is being represented, and when and where this organization was formed, including the form of its organization.
   (G)   A statement as to whether the applicant or its parent organization has ever been found to have violated a municipal ordinance regulating vending, soliciting or peddling.
   (H)   A statement as to whether the applicant or an officer or director of the applicant's parent organization has ever been convicted of a felony, and if so, the date and location of such conviction, and a brief description of the offense.
   (I)   One photograph of the applicant by state identification card or from the applicant's state driver's license, and a copy of said state driver's license or state identification card to be attached to the applicant's application.
   (J)   A statement as to whether or not the applicant has been convicted of any felony, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor.
   (K)   The application shall be signed by the applicant stating that the information contained therein is true and correct, that the village shall have the right to investigate and verify the information contained in the application, and that the applicant has read the vendors, solicitors and peddlers ordinance and agrees to abide by its terms.
   (L)   Such other information as the Village Clerk shall determine to be appropriate.
   (M)   The application will be denied if the applicant has had a conviction for any felony crime or any crime involving theft, embezzlement, larceny, home invasion, burglary, or crimes of indecencies, including misdemeanors.
   (N)   Any vehicle used in soliciting must be identified on the application, with a copy of the state registration.
(Ord. 13.01, passed 9-11-17)
§ 110.06 REQUIREMENTS OF ALL VENDORS, SOLICITORS AND PEDDLERS.
   (A)   Requirements of all vendors, solicitors and peddlers.
      (1)   No loud noises, speaking devices, lights, drums, loudspeaker, amplifier, or other instrument or device which creates noise, or flashing lights which are for the purpose of attracting attention to commercial or noncommercial enterprises so as to annoy or disturb the quiet, comfort or repose of persons in any office, dwelling or other residence, or other place of employment or repose shall be used and may be treated as a violation.
      (2)   Frozen confection vendors shall not utilize any bell, chime or other noisemaking device beyond a moderate noise level for the purpose of attracting persons to buy the frozen confection. This prohibition shall not be construed to exclude the customary horn required under the motor vehicle laws of the state.
      (3)   Off-limit locations. No vendor, peddler or solicitor shall conduct business within 50 feet of any school, church, synagogue or place of worship during services or within one hour of services; courthouse; police station; or other public location unless specifically authorized pursuant to the terms of the license. In addition, the Village Manager shall have power to designate such streets, sidewalks, parts of streets, or sidewalks, districts or areas where it shall be unlawful for any licensee to operate or conduct her/his business, such designation to be made based upon congested traffic conditions, character of the neighborhood, or if the conduct of such business constitutes a public nuisance.
      (4)   “No Soliciting” signs and “No Soliciting” list. No solicitor or peddler shall enter into property that has a posted “No Soliciting’ sign or shall remain on property after being requested to leave by the occupant. No solicitor or peddler shall solicit or peddle their wares or enter any property that is listed on the no soliciting list on file at the Village Clerk's office.
      (5)   Threatening or harassing behavior. No vendor, solicitor or peddler shall threaten or harass any citizen in the course of their activities or in any way engage in conduct that threatens the health and safety of another or causes a nuisance.
      (6)   Effect of delinquent personal property taxes. No vendor, solicitor or peddler license shall be granted to any person owing any personal property taxes or other indebtedness to the village, or who contemplates using any personal property on which personal property taxes are owed, in the operation of such business.
      (7)   Sales limited to products on application. Vendors, solicitors and peddlers shall be limited to the sale of products specified on their application. Amendments to originally approved applications must be submitted to the Village Clerk for review and approval, and shall not be effective prior to such approval. An application fee of an amount established in the schedule of fees, charges, bonds and insurance must accompany each request for an amendment.
      (8)   Licenses non-sellable and non-transferable. Vendor, solicitor and peddler's licenses issued under the authority of this chapter shall be non-sellable and non-transferable, either as to persons or as to location.
   (B)   Traffic regulations, obstructing public places.
      (1)   Vendors, solicitors and peddlers shall observe all traffic and parking regulations. Unless specifically approved, vendors, peddlers and solicitors shall not conduct business in a congested area, or occupy a stationary location on a public street, sidewalk, parkway, park, parking lot, or any other public property which is to be used by pedestrians or persons operating motor vehicles. Such vendors, peddlers and/or solicitors shall be presumed to have occupied a location if he/she has conducted business in any such public place for a period in excess of ten minutes.
      (2)   Solicitation from and sales to any person standing in roadway, vehicles at red lights and to vehicles in moving traffic lanes are prohibited.
   (C)   Display of license required. 
      (1)   All vendors, solicitors and peddlers shall display the license provided by the Village Clerk, on his or her person or in a prominent place on their vehicle or removable or non-permanent stand. The failure of a vendor, peddler and/or solicitor to conspicuously and constantly exhibit such license when engaged in his/her licensed business shall be sufficient cause for the suspension or revocation of his/her license.
      (2)   Any certificate or license required by the Oakland County Health Department shall also be prominently displayed on any vehicle or stand subject to this article.
   (D)   Prices posted. A vendor and frozen confection vendor shall have posted on their vehicle, removable stand or non-permanent stand, the current prices charged for each item sold and no item shall be sold for more than the posted price.
   (E)   Litter clean-up required. Vendors shall (at their own expense) keep the sidewalks, streets, and other public places adjoining and adjacent to their locations of business clean and free from any refuse generated or resulting from the operation of their business.
      (1)   Under no circumstances may any vendor, solicitor or peddler use any village trash can, dumpster or other receptacle, drain or sewer to dispose of any litter, refuse, substance, fluid, liquid or grease.
      (2)   Violation of this division more than twice during one license year may constitute license revocation.
   (F)   Cash deposit for litter clean-up. Vendors shall file with the village a cash deposit for the removal of any litter on any sidewalk, street and/or other public place adjoining and adjacent to their locations in the event the vendor fails to maintain such areas in compliance with this article. The amount of the cash deposit shall be set forth in the schedule of fees, charges, bonds and insurance. If the vendor fails to remove any such litter, the village may remove the litter and charge the costs against the cash deposit. In the event a vendor exhausts its cash deposit, the vendor shall be invoiced by the village for any restoration or litter on village property in excess of the amount of the deposit.
   (G)   Peddlers and solicitors shall obtain insurance as set forth in the schedule of fees, charges, and bonds. Insurance is required for permits for 90 days and more.
   (H)   Commercial vendors shall agree to indemnify and hold the village harmless, the language of which is set forth in the schedule of fees, charges, bonds.
(Ord. 13.01, passed 9-11-17)
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