City of Coldwater, MI
Branch County
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Table of Contents
Table of Contents
[Ord. No. 392, passed 7-11-1983]
The following definitions shall apply to the interpretation of this chapter:
(a) 
CITY — Means the City of Coldwater, Michigan.
(b) 
PERSON — Means an individual person, firm, corporation, partnership or association.
(c) 
RESIDENCE — Means every separate living unit occupied for residential purposes by one or more persons, which unit is contained within any type of building or structure.
(d) 
TRANSIENT MERCHANT — Means any person intending to remain in business in the City for less than one year who:
(1) 
Offers for sale tangible personal property or personal services; or
(2) 
Takes or attempts to take orders for the sale of tangible personal property or services, including advertising or subscriptions to be furnished or performed in the future.
[Ord. No. 392, passed 7-11-1983]
The purpose of this chapter shall be to regulate transient merchants and other temporary businesses in the City in order to protect the health, safety and welfare of the citizens of Coldwater; to maintain a record of transient merchants doing business within the City in order to protect the citizens of Coldwater from fraudulent business practices; and to prevent persons convicted of fraudulent or dishonest business practices from doing business within the City.
[Ord. No. 392, passed 7-11-1983; Ord. No. 463, passed 9-9-1991]
It shall be unlawful for any person to engage in the business of a transient merchant in the City without first obtaining a license as herein provided. However, no license shall be required for solicitors, peddlers, hawkers, itinerant merchants or transient vendors of merchandise who go in or upon private residences at the request of the owner or owners, occupant or occupants of such residences for the purposes of soliciting orders for the sale of goods, wares and merchandise and/or disposing of and/or peddling or hawking the sales.
[Ord. No. 392, passed 7-11-1983]
Each transient merchant shall, at all times while doing business in this City, keep in his or her possession the license required by this chapter and shall, upon request, display the license as evidence of compliance with the requirements of this chapter.
[Ord. No. 392, passed 7-11-1983; Ord. No. 463, passed 9-9-1991]
An application for a transient merchant license shall give the following information:
(a) 
The name or names of the person or persons having the management or supervision of the applicant's business during the time that it is proposed it will be carried on in the City, and the local address or addresses of such person or persons while engaged in such business.
(b) 
The permanent address or addresses of such person or persons; whether such person will act as proprietor, agent, consignee or employee, and the credentials establishing such relationship; the name and address of the person, firm or corporation for whose account the business will be carried on, if any; and if a corporation, under the laws of that state in which the same is incorporated.
(c) 
The place or places in the City where it is proposed that the applicant's business will be carried on, and the length of time during which it is proposed that said business shall be conducted.
(d) 
The place or places, other than the permanent place of business of the applicant, where the applicant, within three years next preceding the date of said application, conducted a transient business, stating the nature thereof and giving the post office box number and street address of any building or office in which said business was conducted.
(e) 
A statement of the nature and character of the tangible personal property or service to be sold or offered for sale by the applicant in the City; whether the goods are new, damaged or rejects; whether the same are proposed to be sold from stock in possession or by sample, at auction, by direct sales or by taking orders for future delivery; where the goods or property proposed to be sold are manufactured or produced, and where such goods or products are located at the time said application is filed.
(f) 
A current State of Michigan sales tax license number and a copy of such license.
(g) 
A statement acknowledging that the applicant understands that a criminal records check on the applicant and all employees of the applicant who will carry out the business of the applicant in the City will be conducted by the City.
[Ord. No. 463, passed 9-9-1991]
If the application contains a complete statement of the information required, and if all material required to be submitted therewith is filed with the Police Chief, the Police Chief shall, subject to the provisions of Section 870.99, within 21 days determine whether or not to issue a license and charge the fee in accordance with the current fee schedule. If the decision of the Police Chief is to issue the license, the license shall be issued three days after such decision and payment of the fee. The license issued hereunder shall not be transferable. There shall be no refund of the license fee.
[Ord. No. 463, passed 9-9-1991]
Before a transient merchant license shall be issued, the applicant shall pay a license fee according to a schedule of fees which shall be adopted by the City Council from time to time by resolution.
[Ord. No. 392, passed 7-11-1983]
A transient merchant license may be issued to a person carrying on the business of transient merchant in this City through employees. Such employees shall carry a duplicate license issued to the person, which license shall be obtained at the Police Department. If the business of transient merchant in this City is carried on through agents who are not employees, by consignees or by an unincorporated firm or association, each person so conducting the business of transient merchant in this City shall be required to have a separate license.
[Ord. No. 392, passed 7-11-1983]
A religious, charitable, patriotic, social service, civic or political nonprofit organization shall receive a license for activities regulated under this chapter where its authorized representative volunteers to undertake such activities without remuneration and where the entire proceeds of the activities will go to the organization and not for private profit. The organization shall file the information required for a transient merchant license in the Police Department office. The Police Department shall issue, free of charge, a license for the requested activity. The license shall be valid for a period of one year and may be renewed on or before the expiration date.
[Ord. No. 392, passed 7-11-1983]
Persons engaged in the following described activities are exempt from the duty of applying for a transient merchant license:
(a) 
Persons selling at wholesale to merchants for the purpose of resale.
(b) 
Persons selling or distributing newspapers.
(c) 
Persons selling tangible personal property or services to business enterprises.
(d) 
Persons who sell, at their permanent residence in the City, works of art or crafts made or created by such person or a member of such person's immediate family.
(e) 
Persons selling or delivering tangible personal property or services through a permanent business licensed through the City.
(f) 
Persons selling at events for which a blanket license has been obtained.
(g) 
Persons selling tangible personal property at a garage, basement or yard sale held at one of the person's premises, if permitted under the terms of the Zoning Code.
(h) 
Persons conducting and selling admissions to or for theatricals, shows, rides, sports and games, concerts, circuses, carnivals or any other public amusement where no sales of other products are involved, and where the sale of such admissions are made on the premises where the event is to be conducted.
(i) 
Persons selling food and beverages at a food service establishment regulated pursuant to the Michigan Public Health Code.
[Ord. No. 392, passed 7-11-1983; Ord. No. 463, passed 9-9-1991]
(a) 
Denial of license. The Chief of Police may deny a license to an applicant only:
(1) 
If the applicant has failed to complete the application; or
(2) 
If the applicant or his or her officers, agents or employees have, within two years of the date of application under consideration:
A. 
Held a license under this chapter that was revoked under subsection (b) hereof;
B. 
Been denied a license as a transient merchant or its equivalent in another jurisdiction, or had such a license revoked; or
C. 
Been convicted of a crime involving fraud, deceit, misrepresentation, moral turpitude or injury to a person.
(3) 
If the applicant does not have a current State of Michigan sales tax license.
(b) 
Revocation of license. The Chief of Police may revoke a license issued under this chapter by sending a Notice of Revocation, by certified mail to the license holder at the holder's last known address, or by personal service on the holder or his or her agents or officers. A license may be revoked only:
(1) 
If the license holder made false or misleading statements on the application; or
(2) 
Upon the conviction of the license holder or his or her officers, agents or employees for:
A. 
Violations of the provisions of this chapter;
B. 
Violations of any ordinance or statute regulating the sales activities of the license holder; or
C. 
A crime involving fraud, deceit, misrepresentation, moral turpitude or injury to a person.
[Ord. No. 392, passed 7-11-1983]
(a) 
No person shall engage in activities regulated under this chapter on public property without first procuring special authorization from Council.
(b) 
No person shall shout or use any sound device upon any of the public places of the City, or upon any private premises in said City where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard from the public places, for the purpose of attracting attention to any goods, wares, merchandise or services which such person proposes to sell.
[Ord. No. 392, passed 7-11-1983]
(a) 
No transient merchant shall engage in business at a fixed location without the written permission, by lease or otherwise, of the owner or person in control of the property. This written agreement shall be signed by the parties and shall include the dates the transient merchant shall be conducting business. This agreement shall be displayed by the transient merchant at such fixed location when he or she is doing business there.
(b) 
A transient merchant doing business at a fixed location shall provide sufficient off-street parking spaces for his or her employees and customers.
(c) 
Any display of tangible personal property, or signs or advertisements therefor, shall be at least fifteen feet from the curbline. All signs and advertisements used in connection with the business licensed herein shall comply with the appropriate sections of the Zoning Code and Chapter 1462 of these Codified Ordinances.
(d) 
The owner or person in control of the property shall furnish bathroom facilities for the use of the transient merchant.
[Ord. No. 500, passed 12-12-1994]
The Director of Police and Fire Services and his or her designated representative, and/or the Zoning Administrator and his or her designated representative, are hereby designated as the authorized City officials to issue Municipal civil infraction citations (directing alleged violators to appear in court) or Municipal civil infraction violation notices (directing alleged violators to appear at the City of Coldwater Municipal Ordinance Violations Bureau) as provided in Chapter 211 of the Administration Code.
[Ord. No. 500, passed 12-12-1994]
A person who violates any provision of this chapter is responsible for a Municipal civil infraction and shall be subject to the payment of a civil fine of not less than $50, plus costs and other sanctions, for each infraction. A second offense, within a period of 90 days, shall be subject to a civil fine of not less than $100, plus costs and other sanctions, for each infraction. Third and subsequent offenses, within 90 days, shall be subject to a civil fine of $250, plus costs and other sanctions, for each infraction.