[HISTORY: Adopted by the Village Council of the Village of Spring Lake 11-5-1990 by Ord. No. 196 (Ch. 54 of the 2000 Code of Ordinances). Amendments noted where applicable.]
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
- CONDUCT BUSINESS
- Being open for and/or ready to do business as well as the occurrence of any monetary or barter transaction.
- LARGE-UNIT PEDDLER
- Any peddler utilizing a motor vehicle, cart or other device in excess of 42 inches and/or 72 inches long.
- Any person who goes about from place to place, traveling by foot, motor vehicle or any other type of conveyance, selling or offering for sale any goods, wares or merchandise, including, without limiting the generality of the foregoing, any person selling or offering for sale by sample, catalog, list or otherwise any magazine or any other publication or any goods, wares or merchandise. The term "peddler" includes any person selling or offering for sale any goods, wares or merchandise from a trailer, temporary shelter, or temporary location.
- SMALL-UNIT PEDDLER
- Any peddler utilizing a motor vehicle, cart or other device not in excess of 42 inches and/or 72 inches long.
- Any motor vehicle, cart or other device including other types of conveyance, signboards, etc., whose chief purpose of the housing, display for sales of any goods, wares, or merchandise.
Any person who violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of this chapter shall be responsible for a municipal civil infraction, subject to § 1-2. Increased civil fines may be imposed for “repeated violations,” which means a second or subsequent municipal civil infraction violation committed by a person within any twelve-month period and for which a person admits responsibility or is determined to be responsible. The increased civil fine for repeat violations is set forth in § 1-2.
Persons engaging in business as a peddler on behalf of a religious, charitable or noncommercial corporation, organization or enterprise shall not be required to obtain a license and shall be completely exempt from the terms and provisions of this chapter. This exemption shall include persons engaging in business as a peddler whose services have been contracted for by a religious, charitable or noncommercial corporation, organization or enterprise in connection with a festival or similar activity. The term "noncommercial" means that such corporation, organization or enterprise is exempt from income taxation pursuant to Section 501(c)(3) of the Internal Revenue Code. In addition, any person engaging in business as a peddler selling the individual's own work or production shall not be required to obtain a license and shall be completely exempt from the terms and provisions of this chapter.
No peddler shall have any exclusive right to any location in the public streets or other public areas. It shall be unlawful for any peddler to operate in a congested area where the peddler's operations might impede pedestrian or vehicle traffic or inconvenience the public.
No peddler shall engage in any business, or make any call for business purposes, before the hour of 9:00 a.m. or after 9:00 p.m.
No peddler shall conduct business in a congested area. No peddler shall occupy a station or a location on a public street, sidewalk, parkway, park, parking lot, or any other public property which is used by pedestrians or persons operating motor vehicles. A peddler shall be presumed to have occupied a stationary location if the individual has conducted business in any such public place for a period in excess of 10 minutes.
It shall be unlawful for any licensee or any person on the licensee's behalf to shout, cry, blow a horn, ring a bell, or use any sound device including loud speakers or sound amplifiers, on any of the streets, alleys, parks, or other public places of the Village, or upon any private premises, for the purposes of attracting attention to any goods, wares or merchandise which the licensee proposes to sell.
It shall be unlawful for any licensee or any person on the licensee's behalf to use or employ any flashing lights on any vehicle or any other device for the purpose of attracting attention to any goods, wares or merchandise which the licensee proposes to sell.
It shall be unlawful for any person to engage in business as a peddler without first having obtained a license from the Village Clerk/Treasurer.
Application for a license pursuant to this article shall be filed with the Village Clerk/Treasurer in the form and manner required by the Clerk/Treasurer. Such application shall contain, as a minimum, the following information:
The name and a physical description of the applicant;
The address (permanent and/or temporary) of the applicant;
A brief description of the nature of the business and the goods or other items to be sold;
If the applicant is employed, the name and address of the applicant's employer, together with credentials establishing such relationship;
The length of time for which a license is desired;
If a vehicle, vehicle trailer, temporary shelter or temporary location is to be used, a description, together with the license number and other information that may be required;
A photograph of the applicant, taken within 60 days immediately prior to the date of filing such application, which photograph shall be two inches by two inches and shall show the head and shoulders of the applicant in a clear and distinguishing manner;
The fingerprints of the applicant;
The names of two or more residents within the Village who will certify as to the good character and business responsibility of the applicant;
A statement as to whether the applicant has ever been convicted of any crime, misdemeanor or violation of any ordinance, and, if so, full particulars as to the nature of the offense, the court before whom conviction was had or a plea of guilty entered, and the punishment or penalty assessed; and
A waiver signed by the applicant granting officials of the Village authority to verify the information provided by the applicant regarding the applicant's criminal history.
The Village Clerk/Treasurer shall forward the application to the Chief of Police, who shall cause an investigation to be made of the applicant's character and business responsibility. After such investigation is completed, the Chief of Police shall endorse upon such application the Chief of Police's recommendation for approval or disapproval and forward the application to the Village Manager. If the Chief of Police recommends disapproval of such application, the Chief of Police shall provide the Village Manager with a statement of reasons for such recommendation of disapproval.
If the Village Manager shall be satisfied that the applicant complies with the provisions of this chapter and all other pertinent ordinances of the Village and the results of the investigation by the Chief of Police indicate that the moral character and business responsibility of the applicant justifies the granting of such license and that any proposed location is compatible with surrounding land uses, the Village Manager shall return the application for license to the Village Clerk/Treasurer with instructions that a license be issued. On receipt of such instructions and upon payment of the fee required in § 256-11, the Village Clerk/Treasurer shall issue the applicant a peddler's license.
If the Village Manager is not satisfied that the applicant complies with the provisions of this chapter and all other pertinent ordinances of the Village or if the results of the investigation by the Chief of Police do not indicate moral character or business responsibility which justifies the granting of such license or if the proposed location is not compatible with surrounding land use, the Village Manager shall deny the license and give notice of such denial to the applicant with a copy to the Chief of Police specifying the cause of such denial.
Before any license shall be issued pursuant to this article, the applicant shall pay a fee as established by Village Council resolution. The license fee provided in this article for an annual license shall be the same whether for a full year or only a portion of a year.
Licenses may be issued under this article for a specified term not to exceed one year.
Each peddler licensed pursuant to this article shall conspicuously and prominently display the license granted to the peddler when the peddler is engaged in the business of peddling.
No license issued under the provisions of this article shall be transferable or assignable. No license granted under the provisions of this article shall be used at any time by any person other than the original licensee.
A license may be revoked by the Village Manager for any of the following causes:
Fraud, misrepresentation or false statement contained in the application;
Fraud, misrepresentation or false statement made when engaging in business as a peddler;
Any violation of this chapter or of any other ordinance of the Village;
Conviction of any crime or misdemeanor involving moral turpitude; or
Conducting the business of peddling in an unlawful manner or in such a manner as to constitute a menace to the health, safety or general welfare of the public.
Whenever the Village Manager shall revoke any license, a notice specifying the cause of such revocation shall be given to the peddler.
Any person believing they have been aggrieved by the Village Manager in the denial or revocation of a license may, within 10 days after receipt of notice of denial or revocation, file a written request for a hearing with the Village Clerk/Treasurer. The Village Council shall then set a time and place for a hearing, and notice shall be given to the appellant. Upon such hearing, the Village Council shall determine whether the license should be denied or revoked; and such determination shall be final and conclusive.