(A) No person shall engage temporarily in the business of selling at retail any goods, wares, or merchandise from any lot, building, room, or structure of any kind on public or private property within the city without first obtaining a license/registration therefor.
(B) The term
TRANSIENT MERCHANT shall not include any persons selling goods, wares, or merchandise of any description raised, produced, or manufactured by the individual offering the same for sale nor to persons handling vegetables, fruits, or perishable farm products at any established city market nor to any stands located at the Saginaw Farmers Market. However, a person conducting business at any established city market shall register with the City Clerk by completing the application form described in division (D) below, provided that no fee shall be charged for any such registration.
(C) Transaction of business as described in division (A) by any person for a period of less than six months consecutively shall be prima facie evidence that such person was a transient merchant within the intent and meaning of this section.
(D) Any person applying for a transient merchant license/registration shall complete an application form provided by the City Clerk and pay the required license fee which shall not be refunded if no license is issued. The application form shall be submitted to the City Clerk at least 15 days prior to conducting any business requiring a license/registration hereunder. The application form shall include, but not be limited to:
(1) The name and address of the applicant;
(2) A listing of the precise locations within the city at which the applicant proposes to conduct business; and
(3) The signatures of the owners of the private property from which the business is to be conducted signifying the approval thereof.
(E) (1) Any honorably discharged member of the Coast Guard, Army, Navy, Air Force, or Marine Corps of the United States, who is a resident of the state and a veteran of any war in which the United States of America has been or shall be a participant, shall have the right to hawk, vend, or peddle their own goods, wares, and merchandise within the city by procuring a license therefor as herein prescribed. Application for such license shall be made in the form and manner prescribed in this section, and upon presentation of a certificate of honorable discharge from the Coast Guard, Army, Navy, Air Force, or Marine Corps of the United States, which certificate shall show that the applicant is a veteran of any war in which the United States has been or shall be a participant, a veteran’s license shall be issued to the applicant without cost.
(2) Any person exempt by law from the payment of license fees as prescribed herein shall comply with all other provisions of this chapter, and upon submission of satisfactory evidence to the city of such exemption, a license shall be issued to such applicant without requiring the payment of any fee, and the city shall indicate upon the face of the license that same was issued pursuant to such exemption without any fee being paid therefor.
(F) No license/registration shall be issued hereunder without the certification of the Fire Marshal if the applicant proposes to use any building or structure in conjunction with the business.
(G) Before any such license is issued to any person selling furs such as coats, scarfs, neck pieces, muffs, and the like, or rugs (oriental, domestic, handwoven, novelty), the applicant therefor shall furnish a license and permit bond in the penal sum of $10,000 with a surety who is listed on the Department of the Treasury’s listing of certified companies to be approved by the City Clerk, which bond shall be conditioned for the due observance during the time of the license/registration of all laws of the state and all ordinances of the city. Any person aggrieved by the action of any such licensee shall have a right of action on the bond for the recovery of money or damages, or both. Such bond shall remain in full force and effect for a period of 90 days after the expiration or cancellation of any such license/registration or after the termination of any action upon such bond.
(H) As a condition to obtaining a license to operate as a transient merchant, the licensee is required to acknowledge in writing receipt of a summary of materials regarding certain state statutes which regulate the licensing operation of such a business.
(Prior Code, § 110.27) (Ord. O-156, passed 2-17-2014, effective 2-27-2014) Penalty, see § 110.99