(a) Solicitor Defined. The word "solicitor," as used in this chapter, shall include any individual, whether a resident of the City or not, traveling either by foot, wagon, automobile, motor truck, or any other type of conveyance, from place to place, from house to house, or from street to street, taking or attempting to take orders for the sale of goods, wares and merchandise, books or magazines, personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether he or she is collecting advance payments on such sales or not. Such definition shall include any person who, for himself or herself, or for another person, hires, leases, uses, or occupies any building, structure, tent, railroad box car, boat, hotel room, lodging house, apartment, shop, or any other place within the City for the sole purpose of exhibiting samples and taking orders for future delivery. The word "solicitor" shall include the word "canvasser."
(1981 Code § 7.81)
(b) License Required. No person shall engage in the business of a solicitor within the City without first obtaining a license therefor; and no such license shall be granted except upon certification of the Chief of Police.
(1981 Code § 7.82)
(c) License Application. The license application filed under the provisions of Section 802.04 shall furnish the following information:
(1) Name and description of the applicant.
(2) Permanent home address and full local address of the applicant.
(3) A brief description of the nature of the business and the goods to be sold.
(4) If employed, the name and address of the employer, together with credentials establishing the exact relationship.
(5) The length of time for which the right to do business is desired.
(6) The place where the goods or property proposed to be sold, or orders taken for the sale thereof, are manufactured or produced; where such goods or products are located at the time said application is filed; and the proposed method of delivery.
(7) A photograph of the applicant, taken within sixty days immediately prior to the date of the filing of the application, which picture shall be two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner.
(8) The fingerprints of the applicant and the names of at least two reliable property owners of the County of Osceola, State of Michigan, who will certify as to the applicant's good character and business respectability, or in lieu of the names of references, such other available evidence as to the good character and business responsibility of the applicant as will enable an investigator to properly evaluate such character and business responsibility.
(9) A statement as to whether or not the applicant has been convicted of any crime (felony or misdemeanor, including any violation of a municipal ordinance), the nature of the offense, and the punishment or penalty assessed therefor.
(1981 Code § 7.83)
(d) License Fee. The fee for the license required by subsection (b) hereof shall be:
(1) Per day $ 2.00
(2) Per week 10.00
(3) Per year 30.00
No fee for a solicitor's license shall be so applied as to occasion an undue burden upon interstate commerce. In any case where a license fee is believed by a licensee or applicant for a license to place an undue burden upon interstate commerce, he or she may apply to the City Manager for an adjustment of the fees so that it shall not be discriminatory, unreasonable, or unfair as to such commerce. Such application may be made before, at or within six months after payment of the prescribed license fee. The applicant shall, by affidavit, and supporting testimony, show his or her method of business and gross volume or estimated gross volume of business and such other information as the City Manager may deem necessary in order to determine the extent, if any, of such undue burden on such commerce. The City Manager shall then conduct an investigation, comparing the applicant's business with other businesses of like nature and shall make findings of fact from which he or she shall determine whether the fee fixed for the solicitor's license is unfair, unreasonable or discriminatory as to applicant's business and shall fix as the license fee for the applicant an amount that is fair, reasonable and nondiscriminatory, or, if the fee has already been paid, shall order a refund of the amount over and above the fee so fixed. In fixing the fee to be
charged, the City Manager shall have the power to base the fee upon a percentage of gross sales, or any other method which will assure that the fee assessed shall be uniform with that assessed on businesses of like nature, so long as the amount assessed does not exceed the fee prescribed in this subsection. Should the City Manager determine the gross sales measure of the fee to be the fair basis, he or she may require the applicant to submit, either at the time of termination of the applicant's business in the City of Reed City or at the end of each three-month period, a sworn statement of the gross sales and to pay the amount of the fee therefor, provided that no additional fee during any one license year shall be required after the licensee shall have paid an amount equal to the annual license fee as prescribed in this subsection.
(1981 Code § 7.84)
(e) Exempt Persons. Persons under eighteen years of age, when engaged in soliciting on foot in the neighborhood of their residence under the direct supervision of any school or recognized charitable or religious organization, shall be exempt from the requirements of this chapter.
(1981 Code § 7.85)