[1]
Editor's Note: Ord. No. 1290, adopted 4-28-2008, repealed the former Art. X, §§ 12-381, 12-382, 12-406 — 12-414, 12-436 — 12-441, 12-466 — 12-469, 12-476 — 12-481, and enacted a new Art. X as set out herein. The former Art. X pertained to peddlers, solicitors, transient merchants and special events vendors and derived from Code 1975, §§ 27-1, 27-13 — 27-21, 27-29 — 27-34, 27-43 — 27-45; Code 1992, §§ 18-206, 18-221 — 18-229, 18-241 — 18-246, 18-256 — 18-258; Ord. No. 1100, adopted 6-24-1996; Ord. No. 1227, adopted 5-10-2004; Ord. No. 1261, adopted 3-27-2006.
Ord. No. 1298, adopted 2-23-2009, amended the title of Art.
X to read as herein set out. Prior to inclusion of said ordinance,
Art. X was entitled "Peddlers/Solicitors or Transient Merchants."
[4-28-2008 by Ord. No.
1290; 2-23-2009 by Ord. No. 1298]
The purpose of this article is to license and regulate the movement,
location, business practices and hours of operation of peddlers/solicitors,
transient merchants or vendors in the City; to promote the safe use
of the streets, sidewalks and public areas of the City; and to protect
the health, safety and welfare of the people of the City.
[4-28-2008 by Ord. No.
1290; 2-23-2009 by Ord. No. 1298]
The following words, terms and phrases when used in this article
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Includes any Port Huron City police officer and all City
of Port Huron administrative officers and their designees.
A business engaged in sales of substantially similar products/services
at a permanent location, whether they own or lease the property or
otherwise have a written agreement with the City to be in this location.
Any recognized St. Clair County nonprofit organizations or
societies making sales for charitable, educational, religious, fraternal,
labor, political groups or for public purpose. If requested, persons
or groups in this category shall provide proof of such exemption or
status.
A person or business authorized under this article to sell
in the City as a peddler/solicitor, transient merchant or vendor.
Any person who travels about by foot, wagon, automotive vehicle
or any other type of conveyance, from place to place, from house to
house, or from street to street, selling his/her product/service.
The word "peddler" shall include the words "hawker" and "huckster."
Any person, firm, association, corporation, limited liability
company, partnership, corporation or other business entity, regardless
of whether a resident of the City or not.
Goods, wares, merchandise, flowers, food items, meats, fish,
vegetables, fruits, garden truck, farm products, etc., or work done
for others as an occupation or business.
A nonmotorized cart, kiosk, or other unit capable of being
pushed by one person, with at least two functional wheels, and must
be self-contained and capable of mobility at all times.
Includes any person traveling about by foot, wagon, automotive
vehicle or any other type of conveyance, from place to place, from
house to house or from street to street, engaged in the business of
taking orders, making contracts for the purchase of products/services
for future delivery or any person who shall employ a representative,
agent, or crew to engage in such activity. The word "solicitor" shall
also include the word "canvasser."
A committee of administrative officers or their designees
as designated in the Administrative Regulations Manual of the City
of Port Huron.
Any person, whether as owner, employee, agent or consignee,
who engages in a temporary business from a stationary location on
commercially zoned private property to sell and deliver a product/service,
display examples and take orders or make contracts for the purchase
of a product/service for future delivery, and who, in furtherance
of such purpose, hires, leases, uses or occupies any building, structure,
motor vehicle, tent, railroad boxcar, or boat, public rooms in hotels,
motels, lodging houses, apartments, shops, etc., for the exhibition
and sale of such product/service, either privately or at public auction.
The person so engaged shall not be relieved from complying with the
provisions of this section merely by reason of associating temporarily
with any local dealer, trader, merchant or auctioneer, or by conducting
such transient business in connection with, as a part of, or in the
name of any local dealer, trader, merchant or auctioneer.
Any person or business licensed as a vendor under this article
to sell food, beverages, merchandise or services from a specific location
on property owned by the City of Port Huron.
Any veteran qualifying for a state peddler's license issued
by the County Clerk pursuant to Public Act No. 359 of 1921 as amended
(MCL 35.441 et seq.) who has provided a copy of said state license
to the City Clerk.
[4-28-2008 by Ord. No.
1290; 2-23-2009 by Ord. No. 1298]
(a)
Applications. All applicants for a license under this article must
file with the City Clerk a sworn application, in writing, on a form
to be furnished by the City Clerk. The application may include, but
is not limited to, applicant's name, address, date of birth and contact
telephone numbers; felony convictions; brief description of the nature
of the business and/or product/service to be sold; a description of
any vehicle or removable stand to be used, if applicable; a privacy
release authorization and any other information deemed appropriate
to ascertain. If an applicant is under 16 years of age, a parent or
guardian must also apply as a co-applicant for such license.
(b)
Investigation of applicant. Upon receipt of an application, the Clerk
shall cause an investigation of the applicant's business responsibility
and moral character to be made as deemed necessary for the protection
of the public good as provided for in this chapter.
(c)
Approval/denial of application. If as a result of such investigation the character and business responsibility of the applicant is found to be satisfactory, the Clerk shall issue said license upon receipt of full payment of the prescribed license fee. If as a result of such investigation the applicant's character or business responsibility is found to be unsatisfactory, pursuant to § 12-46, the Clerk shall notify the applicant that the application is disapproved and that no license shall be issued. Applications submitted under this article shall either be approved or denied within seven days from the date the application is submitted.
(d)
Other license requirements. A copy of the county health certificate
approval must be submitted prior to issuance of a license by the City,
if applicable. In addition, it will be the obligation of the licensee
to obtain any other required licenses from the county and/or state.
(e)
Fees. The processing and licensing fees for each applicant shall
be set by resolution of the City Council from time to time. Processing
fees are nonrefundable.
(f)
Display of license. Licensees under this article shall display said
license issued by the City Clerk's office on his/her person or otherwise
be clearly visible by any citizen or authorized officer upon casual
inspection during the entire time such business is carried on.
(g)
License nontransferable. Licenses issued under this article shall
not be transferable, either as to individuals or as to location.
(h)
Revocation of license. A license issued under this article may be
revoked at any time for failure to comply with City code or conditions
set forth in this chapter.
(i)
Creation of noise, sound and lights to attract attention. No licensee
shall create a nuisance by shouting, crying, blowing a horn, ringing
a bell, using any sound device including loud speakers or sound amplifiers,
using or employing any flashing lights on any vehicle or any other
device upon any private premises, street, alley, park or other public
place of the City for the purpose of attracting attention to any product/service
which the licensee proposes to sell.
(j)
Litter and/or trash. Licensees shall keep the sidewalks, streets
and other public and private places adjacent to their locations clean
and free from any litter and/or trash generated from the operation
of their business.
