[HISTORY: Adopted by the Village Council of the Village of Bellevue
at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Includes one or more natural persons, corporations, partnerships,
associations, joint-stock companies and societies and all other entities of
any kind capable of being sued.
Includes any person who goes from place to place or house to house
or stands in any public place taking or offering to take orders for goods,
wares or merchandise, except newspapers, milk, meats, fish, fruit and farm
produce, or for services to be performed in the future for making, manufacturing
or repairing any article or thing whatsoever for future delivery.
Include, except as hereinafter expressly provided, any person, either
principal or agent, who, from any vehicle or boat or on a railroad track or
in any public place or by going from house to house or place of business to
place of business on foot, sells or barters, offers for sale or barter or
carries or exposes for sale or barter any goods, wares or merchandise, except
milk, newspapers, meats, fish, fruits and farm produce.
A.
Nothing in this chapter shall apply to sales conducted
pursuant to statute or by order of any court or to any person selling personal
property at wholesale to dealers.
B.
The licensing provisions of this chapter shall not apply
to merchants having an established place of business within the Village of
Bellevue or their employees; to farmers and truck gardeners who themselves
or through their employees vend, sell or dispose of the products of their
own farms or gardens; to party plans; or to calls in response to a prior invitation.
C.
This chapter shall not be construed to prevent route
salesmen or other persons having established customers from soliciting a request
for future periodic route deliveries.
D.
This chapter shall not apply to solicitations by charitable,
religious, civic organizations, or schools which have or maintain regular
places of worship, chapters, lodges, troops or other regular meeting places
within the Village of Bellevue or contiguous to the Village of Bellevue.
It shall be unlawful for any person within the Village limits of the
Village of Bellevue to act as a vendor, hawker, peddler or solicitor, as herein
defined, without first having obtained and paid for and having in force and
effect a license therefor.
A.
Any person desiring to procure a license as herein provided
shall file with Village Hall a written application upon a form furnished by
Village Hall. Such application shall state, at a minimum, the following:
(1)
The number and kind of vehicle to be used by the applicant
in carrying on the business for which the license is desired.
(2)
The kind of goods, wares, and merchandise that the applicant
desires to sell or the kind of services that he desires to perform.
(3)
The method of distribution.
(4)
The name, address and age of the applicant.
(5)
The name and address of the person, firm or corporation
that the applicant represents.
(6)
The length of time that the applicant desires to be licensed.
(7)
Such other information as may be required by Village
Hall.
B.
Such application shall be accompanied by the following:
(1)
A certificate from the Sealer of Weights and Measures
certifying that all weighing and measuring devices to be used by the applicant
have been examined and approved.
(2)
A letter of authorization from the person, firm or corporation
that the applicant purports to represent.
(3)
Two photographs, at least two inches by two inches in
size, clearly showing the head and shoulders of the applicant, one of which
shall be attached to the license and the other of which shall be retained
by Village Hall.
(4)
An application for a license as a solicitor who demands,
accepts or receives payment or deposit of money in advance of final delivery
shall also be accompanied by a bond to the Village of Bellevue, approved as
to form by the Village Attorney, in the sum of $5,000, with a sufficient surety
or sureties or sufficient collateral security, conditioned for making a final
delivery of the goods, wares or merchandise ordered or services to be performed
in accordance with the terms of such order or, failing therein, that the advance
payment of such order be refunded. Any person aggrieved by the action of any
licensed solicitor shall have the right of action on said bond for the recovery
of money or damages, or both. Such bond shall remain in full force and effect,
and in case of a cash deposit, the Village of Bellevue shall retain such deposit
for a period of 90 days after the expiration of any such license unless sooner
released by Village Hall.
A.
Upon filing of the application, bond and certificate as provided in § 104-4 of this chapter, the Village Hall shall, upon its approval of such application, issue to the applicant a license as provided in § 104-3 of this chapter, signed by a Village official. Except as hereinafter provided, no license shall be refused, except for a specific reason and for the protection of the public safety, health, morals or general welfare. A license shall not be assignable. Any holder of such license who permits it to be used by any other person and any person who uses such license granted to any other person shall be guilty of a violation of this chapter. All licenses shall state clearly the kind of vehicle to be used, the kinds of goods, wares and merchandise to be sold or services to be rendered, the number of the license, the date of issuance and expiration of the license fee paid and the name and address of the licensee. Such license shall automatically expire on December 31 following the date of its issuance, but such license may specifically state and provide for an earlier expiration date.
B.
Such license shall include the right to use only one
vehicle in carrying on the business for which the person is licensed.
C.
No license shall be granted to a person less than 18
years of age.
D.
No applicant to whom a license has been refused or who
has had such a license revoked shall make further application until a period
of at least six months shall elapse since said rejection or revocation unless
he can show that the reason for such rejection no longer exists.
E.
Every licensee shall carry the license with him while
exercising his license and shall exhibit the same upon demand.
The license fee shall be as set by resolution of the Village Council
from time to time. There shall be an additional fee as set by resolution of
the Village Council for each duplicate license issued.
Every vehicle used by a licensed vendor, hawker, peddler or solicitor
to conduct his business shall have the name and address of the licensee legibly
printed in a conspicuous place on the outside of every such vehicle.
Village Hall may, for a violation of this chapter, revoke any license
issued hereunder. If a license shall be revoked, no refund of the unearned
portion of the license fee shall be made. Notice of said revocation and the
reason or reasons therefor, in writing, shall be served by Village Hall upon
the person named in the application or by mailing the same to the address
given in the application.
A licensed vendor, hawker, peddler or solicitor shall comply with all
State of Michigan Department of Health rules and regulations concerning maintenance
of vehicles, foodstuffs and edibles in a clean and sanitary condition; shall
behave in an orderly and peaceful manner; shall immediately depart the premises
of a householder, owner or occupant upon being requested to do so; and shall
not engage in any of the following conduct:
A.
Falsely or fraudulently misrepresenting the quantity,
character or quality of any article offered for sale nor offer for sale any
unwholesome, tainted or diseased provisions or merchandise.
B.
Using the license after its expiration or revocation.
C.
Standing or permitting the vehicle used by him to stand
in one place in any public place or street for more than 10 minutes or in
front of any premises for any time if the owner or lessee of the ground floor
thereof objects.
D.
Selling any confectionery or ice cream within 250 feet
of any school between the hours of 8:00 a.m. and 4:00 p.m. on school days.
E.
Permitting any vehicle used by him to stop or remain
on any crosswalk.
F.
Creating or maintaining any booth or stand nor placing
any barrels, boxes, crates or other obstructions upon any street or public
place for the purpose of selling or exposing for sale any goods, wares or
merchandise.
G.
Hawking, peddling, vending or soliciting orders for goods,
wares or merchandise door to door before 10:00 a.m. or after sunset.
H.
Hawking, peddling, vending or soliciting orders for goods,
wares or merchandise on private property without having obtained the prior
written consent of the owners thereof and having proof of such written consent
available if asked to present it.
I.
Remaining stopped or standing at any one place for a
period of time in excess of four hours within a twenty-four-hour period.
All orders taken by licensed solicitors who demand, accept or receive
payment for deposit of money in advance of final delivery shall be in writing,
in duplicate, stating the terms thereof and the amount paid in advance, and
one copy shall be given to the purchaser at the time that the deposit is paid
to the solicitor.
It shall be the duty of Village Hall to keep a record of all the applications
made and of all licenses granted under the provisions of this chapter, which
records shall state the number and date of each license, the name and residence
of the person licensed, the amount of license fee paid and the date of revocation
of all licenses revoked.
A violation of this chapter is a municipal civil infraction. The penalty
for a violation that is a municipal civil infraction shall be a civil fine
in an amount set by resolution of the Village Council from time to time.
