(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PEDDLER. Any person who travels from place to place for the purpose of distributing leaflets, pamphlets, fliers, or other literature, displaying, selling, making sales, offering for sale, or leasing with the option to buy, takes orders for, or attempts to take orders for the retail sale of any goods, property, or services whatsoever for current or future delivery. Peddler includes any person who travels by foot, vehicle, wagon, cart or any other means displaying, selling, offering for sale, taking orders for sale, or leasing with the option to buy, at retail, any food, goods, property, or service. PEDDLER also includes any person who operates a pushcart, or other structure powered by bicycles or human power, with at least two operational wheels, which can be easily moved and which is used by a vendor to conduct sales.
PERSON. Any natural person, corporation or partnership, including both principals and agents thereof, or two or more persons having a joint or common interest.
TRANSIENT MERCHANT. Any person, firm, association or corporation, while not traveling from place to place, engaging temporarily in a retail sale of goods, wares or merchandise in any place in the city and who for the purpose of conducting business temporarily occupies any private lot, building, room or structure of any kind. This section shall not be construed to permit sales on city-owned property unless authorized under a separate written agreement.
VENDORS. Any peddler or transient merchant, as provided in this section. VENDOR shall not include a person selling at an art fair, farmers’ market, festival or similar special event at the invitation of the event’s sponsor, if all of the following conditions are met:
(a) The sponsor has obtained a vendor’s license; and
(b) The person provides the sponsor with the person’s sales tax license number.
(B) License required. No vendor shall engage in such business within the city without first obtaining a license as provided under this chapter. Such licenses shall be subject to the application fees as may be set from time to time by the City Commission and paid in accordance with § 110.08 of this code. Transient merchant license fee waived if currently licensed and using truck/trailer as mobile food service provider.
(C) Regulations. In addition to the license requirements in this chapter, and except as otherwise provided, the following regulations apply to vendors:
(1) Vendors who conduct their business by going door-to-door shall not solicit at any premises posted with a “no solicitation” sign or other similar marking.
(2) No vendor shall have any exclusive right to any location in the public street, sidewalk, or right-of-way, or be permitted a permanent, stationary location, or be permitted to operate in any congested area where his or her operations impede or inconvenience the public. For the purpose of this section, the judgment of a police officer or Code Enforcement Officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public has been impeded or inconvenienced.
(3) Vendors shall dispose of their own trash including empty product containers into trash bags which shall be disposed of off-site by the vendor each day. The vendor shall keep the areas in which it operates clean, sightly, and free of trash. Vendors shall be completely self-contained, and are prohibited from utilizing any city electrical outlets, water from city hydrants, and disposing of liquid wastes, including but not limited to grease, into storm or sanitary sewers.
(4) Unless otherwise first authorized in wiring by the city, no vendor shall obstruct any street, alley, sidewalk or driveway, except as may be necessary and reasonable to consummate a sale or engage in any business regulated by this chapter. Except with prior written permission of appropriate school officials, no vendor shall conduct any sale within 150 feet of the entrance of any school building between the hours of 8:00 a.m. and 5:00 p.m. on the days when school is in session.
(5) Applicants for a vendors license who are selling, or offering to sell food, goods, wares, and merchandise owned by themselves, who furnish to the City Clerk, with all other license application materials, proof of an honorable discharge from the armed services and a copy of a license issued pursuant to 1921 PA 359, as amended, M.C.L.A. §§ 35.441 through 35.443, shall not be required to pay the annual license fee.
(6) Individuals or groups wishing to do their business under this section in any city park must first secure written permission from the Parks Director before applying for a license, and shall comply with all applicable park rental fees, rules, and regulations.
(7) Vendors shall present a valid license for inspection or examination when requested by any City Public Safety Officer or city official.
(8) No vendor shall sell or offer for sale any unsound, unripe or unwholesome food or drink or any defective, faulty or deteriorated article of food.
(D) Exceptions. The provisions of this chapter shall not apply to any of the following:
(1) Representatives of duly established businesses, located elsewhere, calling upon merchants or other established businesses for the purposes of selling them merchandise or services and who normally make repeated calls on such businesses at regular intervals, such as wholesale suppliers, office supply firms and similar businesses.
(2) Solicitations including sale or distribution of goods, wares, merchandise, leaflets, pamphlets or other materials for religious, charitable or political purposes.
(Ord. 753, passed 7-11-94; Am. Ord. 888, passed 2-24-03; Am. Ord. 982, passed 10-14-13; Am. Ord. 990, passed 10-13-14) Penalty, see § 110.99