[HISTORY: Adopted by the City Council of the City of Grand Ledge 3-23-2009 by Ord. No. 521. Amendments noted where applicable.]
Editor's Note: This ordinance also repealed former Ch. 151, Peddling and Soliciting, comprised of Art. I, Auctioneers, Hawkers and Peddlers, adopted 8-13-1906 by Ord. No. 23, as amended.
It is the purpose of this chapter to regulate vendors, peddlers, solicitors, etc., as defined herein; to require and provide licensing for same; and to provide a penalty for violations in order to protect the public health, safety and welfare.
For the purposes of this chapter, the following words and terms shall have the meanings respectively ascribed:
- SALES ACTIVITY
- The act of offering merchandise for immediate sale, or for sale by sample, description or otherwise for delivery or sale at a future time, by going door to door, house to house, person to person or car to car, or the exchange of goods or services in any other manner related to the vending activity.
- SPECIAL EVENT
- An organized activity, held on public property, specific to an identifiable place, occurring for a limited period of time and for which appropriate permission has been obtained from the City.
- The act of offering merchandise for sale from a fixed place not within a building, from a vehicle or from a fixed place in a tent, canopy or similar shelter, not including merchants offering merchandise for sale upon commercial premises permanently occupied by them; and the act of offering merchandise for immediate sale, or for sale by sample, description or otherwise for delivery or sale at a future time, by going from door to door, house to house, person to person or car to car; not including the act of offering merchandise for wholesale to retailers or for resale to manufacturers for use in their processes; also not including regular route delivery persons delivering products.
- VENDING LICENSE or LICENSE
- A license which allows a person to conduct an approved vending activity within the City, as permitted under this chapter.
- Any person engaged in the act of vending as defined herein. For the purposes of this chapter, the terms "canvasser," "drummer," "hawker," "huckster," "itinerant merchant," "itinerant vendor," "peddler," "solicitor" and "transient merchant" shall be included as persons herein defined as "vendors."
Identification shall be presented by the vendor upon request of any citizen, law enforcement officer, representative of the City or the county.
The vendor's City vending license and state sales tax license shall be displayed at all times by the vendor so as to be conspicuous during the time of the vending operation.
Vending, soliciting or peddling, as defined herein, is prohibited at a private residence prior to 9:00 a.m. and after 9:00 p.m. and shall not be conducted on property zoned commercial, office or industrial under City ordinance after 9:00 p.m. and prior to 9:00 a.m.
Vending is not permitted on property where the owner or occupant thereof has displayed a "no soliciting" or similar sign on such premises.
The proposed vending activity shall not create a fire hazard and may be subject to approval by the Fire Department.
The proposed vending activity shall not create a structural safety hazard and may be subject to approval by the City building official.
The proposed vending activity shall not create traffic circulation and/or parking problems and may be subject to approval by the City Zoning Administrator.
Upon termination of the vending activity, which shall mean cessation of sales activity or expiration of vendor permit, whichever shall come first, all items generated or used by the vending activity shall be removed from the site, including any and all litter, debris, refuse, signs, structures, temporary buildings, display tables, etc., which were related to the vending activity on the site.
The display of goods, merchandise, vehicles, services or other items permitted by this chapter are prohibited upon any public property located within the City, except during a special event in and around the location of the special event, or within the limits of the public road right-of-way of any street or highway located within the City. Tents, canopies, trailers, sales stands and other similar structures and/or shelters relating to the vending activity are also prohibited upon any public property located within the City, except during a special event in and around the location of the special event, or within the limits of the public road right-of-way of any street or highway located within the City.
The use of any sign, banner, flag or similar device intended to attract attention to the vending activity shall be prohibited within the road right-of-way and shall be in compliance with the City sign ordinance.
The display of goods, merchandise, vehicles, services or any other items permitted by this chapter shall be conducted at a minimum setback of 20 feet from the edge of any road right-of-way or from the edge of the property line if said property does not border a roadway. This section shall also apply to tents, canopies or similar shelters, trailers, sales stands or any manner whatsoever of display relating to vending activity.
If the proposed vending activity intends to use a tent, canopy or similar structure and/or shelter, vendors shall be in compliance with all applicable laws, City ordinances and regulations, including but not limited to the City Fire Code. The vendor may be required to obtain a permit for said tent, canopy or similar structure and/or shelter and allow for an inspection by the Fire Department. Any permit fee associated with this section shall be in addition to the vending permit fee of this chapter.
A vendor, while conducting vending activity, shall remain a minimum distance of 1,320 feet, measured in a straight line, apart from any other vendor on the same side of any roadway.
The use of any portable or vehicle-mounted generator, or any similar portable energy-producing device, shall comply with all applicable City ordinances.
No vending license shall be issued for vendors in any area controlled by the City Parks and Recreation Commission, unless first authorized, in writing, by the Parks Commission, its authorized agent or the appropriate governmental agency.
It shall be the responsibility of the City Clerk to administer the terms of this chapter.
It shall be the responsibility of the Grand Ledge Police Department, the City Administrator, or a City official appointed by the City Administrator to enforce the terms of this chapter. The Grand Ledge Police Department, City Administrator or City official appointed by the City Administrator shall have the authority to issue cease-and-desist orders immediately upon evidence that a vending activity is being conducted within the City prior to the issuance of a vending license by the City Clerk or that licensed vending activities are occurring in violation of any of the terms of this chapter. In all arrests and prosecutions for violation of this chapter, appearance tickets and the appropriate procedures set forth in Act No. 147, Michigan Public Acts of 1968, as amended, may be used.
Violation of the provisions of this chapter shall be punishable as a municipal civil infraction as prescribed within the City Code of ordinances.
The City shall hold the legal property owner responsible for the cleanup and/or repair of any property within the City due to debris or damage caused by the vending activity. The property owner shall be notified by certified mail of the City's concerns regarding the cleanup and/or repair of any property due to a vending activity and shall be given 14 days to clean up and/or repair the property to its original condition as documented in the photographs kept on file by the Clerk. If the Clerk determines that sufficient cleanup and/or repair has not commenced within the allotted time, the Clerk shall cause the cleanup and/or repair of the property to commence and shall pay for the cost of same out of the City's contingency fund. The property owner shall be billed for the cost of the cleanup and/or repair. The City may use any means necessary to recover the cost of the cleanup and/or repair from the property owner.
No person, either as principal, agent or representative, shall engage in vending as defined in this chapter within the City without first having obtained a vending license in compliance with the provisions of this chapter, except those persons identified under § 151-9.
Persons identified under this section shall not be required to obtain a vending license under the terms of this chapter. In addition, all fees associated with the granting of such license shall also be waived. It is expected that persons operating in the capacities listed below shall respect the terms of this chapter in good faith and shall otherwise comply with the regulations outlined herein.
No vending license shall be required for those persons operating yard sales, garage sales, bakes sales or other similar types of activities from their own residentially zoned property or from property on which they currently legally reside. These activities must be temporary in nature so as to comply with all applicable City ordinances.
No vending license shall be required to sell produce on the same property on which it was grown. An activity permitted by this subsection must comply with all other applicable City ordinances.
No vending license shall be required for regular route delivery persons, not including ice cream peddlers and similar vendors.
No vending license shall be required for licensed food catering trucks that visit multiple private commercial and/or industrial properties on a daily basis and which remain at each property for no more than 30 minutes on any day. For purposes of this section "multiple" shall mean at least three.
No vending license shall be required for sale of products by charities and nonprofit organizations. The City Council or its designee may require any entity alleged to be a charity or a nonprofit organization to produce a valid IRS Code 501(c)(3) certification.
Applicants for a license under this chapter shall submit a verified written application on a form to be provided by the City Clerk containing the following information:
The applicant's name, date of birth, social security number, driver's license number, address, vehicle description, license plate number, home and work phone number.
If the applicant intends to have persons other than himself participate in the proposed vending activity, a list of such persons, including the information listed above, shall also be submitted to the City Clerk prior to the approval of the vending license.
The name of the business represented, if different than the applicant, together with the address of the business, phone number and name of the owner or representative for the service of legal process.
A description of the nature of the business represented, indicating the goods to be sold, method of delivery, structure to be used, parking available, date the permit is desired, hours of operation, location and the name and phone number of the property owner.
If a lot, tent, canopy or similar shelter is to be used, or if a vehicle is to be placed upon property that is not owned by the applicant, the name, phone number and signature of the legal owner of the property shall be provided on the application.
The names, addresses and phone numbers of three local references. If the applicant has never lived or done business within the City, then references from where the applicant lives or has done business may be used.
A statement as to whether or not the applicant has ever had any occupational license revoked by any other municipal authority. If so, the name of the municipality and the circumstances of the revocation shall be submitted.
The signature of the applicant acknowledging his understanding of the regulations contained within this chapter and acknowledging that failure by the applicant to comply with any of these regulations may result in revocation of the vending license.
The signature of the property owner granting permission for the proposed vending activity and acknowledging his understanding that the City shall hold the property owner responsible for the cleanup and/or repair of the site to its original condition prior to commencement of the vending activity, as established in § 151-7B.
The applicant shall also submit a copy of his valid current state sales tax license or, if exempt, a copy of a current exemption certificate for all goods or services sold other than nonprepared food for human consumption.
If prepared food for human consumption is to be sold, the applicant shall submit a copy of the certificate of approval issued by the Barry-Eaton District Health Department.
Upon receipt of an application, the City Clerk shall cause an investigation of the applicant to be made, which is intended to ensure the protection of the public health, safety and welfare.
The investigation of the applicant may include the following:
Verification of the applicant's identification, driving record and criminal history by the sheriff's department.
Contact with the references listed on the application for background information regarding the applicant.
Review of the proposed vending activity by the Fire Department, Building Official and Zoning Administrator.
Verification of the property owner's consent for the applicant to operate the proposed vending activity.
The City Clerk may contact any other source deemed necessary by the Clerk to help determine the applicant's business responsibility and/or criminal history.
The City Clerk, or his or her designee, shall photograph the location of the proposed vending activity. The photograph is for the purpose of documenting the condition and appearance of the subject property prior to the establishment of the vending activity.
Before considering any application submitted in accordance with the requirements of this chapter, a nonrefundable fee shall be collected by the City Clerk, except from those persons exempt from the license fee as identified by §§ 151-9 and 151-13, in order to defray the cost of the investigation of the applicant as mandated by § 151-11. The application fee shall be set from time to time by the City Council by resolution. There shall be two fees established, one being an application fee and the other being a renewal fee. The renewal fee shall be charged to renew any vending license for the same applicant to conduct the same activity at the same site within six months of the issuance of the original license. In all other instances, the full application fee shall be charged for the investigation of the applicant as mandated by § 151-11.
Persons identified under this section shall be required to obtain a vending license under the terms of this chapter. However, all fees associated with the granting of such license shall be waived.
Any persons operating a vending activity, as defined herein, by attempting to solicit sales of goods, wares or merchandise thereafter to be transported to the customer in interstate commerce.
Any person obtaining a vending license as the duly authorized representative or agent of any political group seeking funds or membership.
Veterans who have been issued a vending license under State of Michigan Act 359 of 1921, as amended.
If, as a result of the Clerk's investigation, the business responsibility and/or criminal history of the applicant are satisfactory, the Clerk shall approve the license and issue a certificate bearing the words "licensed vendor" and the signature of the City Clerk or Deputy Clerk. The license and certificate shall be issued within 10 business days from the day the application was originally filed. The certificate shall also stipulate the period for which the license is valid and the license number. The certificate shall be displayed by the vendor so as to be conspicuous during the time of the vending operation.
If, as a result of the Clerk's investigation, the business responsibility and/or criminal history of the applicant are unsatisfactory, the Clerk shall deny the application within 10 business days from the day the application was originally filed. The Clerk shall notify the applicant, in writing, of the specific reason(s) why the application was denied. The notice shall be sent by certified mail, return receipt requested, postage prepaid, to the address as stated on the application.
The denial of the license by the Clerk may be appealed to the City Council, if so desired by the applicant, provided that a written request to appeal is filed with the Clerk within 20 days of the receipt of license denial. A failure to file a request for appeal within 20 days shall be deemed to constitute a waiver of appeal. Upon proper filing of a timely request for appeal by the applicant, the Clerk shall take the appropriate steps necessary to place the applicant's appeal on the next City Council agenda. The City Council shall deny, approve or approve with conditions the application as determined by the board to be in the best interests of the public health, safety and welfare.
If, after an appeal to the City Council, the application is approved, the Clerk shall issue a certificate bearing the words "licensed vendor" and the signature of the City Clerk or Deputy Clerk. The license and certificate shall be issued on the next business day following the City Council meeting. The certificate shall stipulate the period for which the license is valid, the number of the license and shall note any special conditions the board may have attached to the issuance of the license. The certificate shall be displayed by the vendor so as to be conspicuous during the time of the vending operation.
If the City Council denies the application, the City Clerk shall notify the applicant thereof, in writing, by certified mail, return receipt requested, postage prepaid, sent to the address as stated on the application with a statement of the specific reason(s) for denial. Any decision made by the City Council shall be final.
No vending license issued to any person under the provisions of this chapter shall be used by any person other than the person to whom it was issued.
Term. Vending licenses shall be valid for a maximum of 15 consecutive days from the day the license was originally issued, except as provided by § 151-17G.
Number per persons and property. No more than two fifteen-day vending licenses shall be issued to the same person, firm, corporation or other entity, including any agent or representative thereof, and vending shall not be allowed to be conducted upon property zoned commercial, office or industrial under City ordinance for longer than the terms of two fifteen-day vending licenses within a one-year time period. The prescribed fee shall be required to be paid for each license, as determined by § 151-2.
Number per site. No more than one license may be issued for the same site for the same time period by the City Clerk. The issuance of more than one license for a site shall be as determined by the City Council. The following criteria shall be used by the City Council to reach its decision:
Copies to be filed. A copy of the vending license application and a copy of the state sales tax license issued by the county treasurer shall be mailed to the registration section of the State Department of Treasury by the City Clerk within 10 days of the issuance of the vending license.
The City Clerk may suspend any license issued under the provisions of this chapter upon evidence being presented to the Clerk alleging any of the following:
A violation of any of the regulations or provisions outlined within this chapter.
Fraud, misrepresentation or false statement contained in the application for the license.
Fraud, misrepresentation or false statement made in the course of carrying on the vending activity.
Conviction of a felony.
Operation of the vending activity in an unlawful manner or in such a manner as to constitute a breach of the peace or a menace to the public health, safety and welfare.
The City Clerk shall notify the sheriff's department of the suspension and request that a certified letter drafted by the Clerk, notifying the licensee of his license suspension with a statement of the specific reason(s) for same, be immediately hand-delivered to the licensee by the sheriff's department.
Upon notice of license suspension by the City Clerk, all vending activity on the site must cease immediately. If the person aggrieved by such action fails to contact the City Clerk within five days from the day of the license suspension, the vending license shall be revoked.
The person aggrieved by the suspension of the license shall have the right to a hearing before the City Council, provided that a written request thereof is filed with the City Clerk within five days of the receipt of the notice of license suspension. The hearing shall be conducted at the next City Council meeting.
The City Council shall, after the holding of a hearing, reinstate, reinstate with conditions or revoke the vending license. Any decision made by the City Council shall be final.
Upon revocation of the license, the fee therefor shall not be refunded.
If the license is reinstated by the City Council, the aggrieved licensee shall be credited with the number of days during which the license was suspended, such that the licensee will not lose any business days permitted by the issuance of the original thirty-day license.
No person whose vending license has been revoked shall be eligible to receive another vending license to do business within the City for two years from the date of license revocation.