[HISTORY: Adopted by the Village Board of the Village of Black Earth 5-1-1990
by Ord. No. 90-O-7 as § 10.01 of the 1990 Code.
Amendments noted where applicable.]
GENERAL REFERENCES
Licenses and permits — See Ch. 179.
As used in this chapter, the following terms shall have the meanings
indicated:
Includes all individuals, whether principals, agents or employees,
who go about the Village or from place to place transporting goods, wares
or merchandise for the purpose of vending, selling, disposing of or delivering
the same to any person or persons.
Includes all individuals, whether principals, agents or employees,
who engage in, do or transact any temporary or transient business in this
Village either in one location or by moving their place of business from place
to place in the Village selling goods, wares or merchandise, and whether or
not for the purpose of carrying on such business such individual hires, leases,
occupies or uses a building, structure, vacant lot, or railroad car or vehicle
for the exhibition and/or sale of such goods, wares or merchandise.
A.
The terms of this chapter shall not be held to include
the acts of persons selling personal property at wholesale to dealers in such
articles, nor to newsboys, nor to the acts of merchants or their employees
in taking orders at the houses of their customers, for goods held by them
in stock at established places of business within the Village, nor the acts
of said merchants or their employees in delivering such goods in the regular
course of business, nor shall the terms of this chapter be held to include
or apply to any farmer or truck gardener who shall vend, sell or dispose of,
or offer to sell, vend, or dispose of, the products of the farm or garden
occupied and cultivated by him.
B.
Nothing contained in this chapter shall be held to prohibit
any sale required by statute or by order of any court or to prevent any person
from conducting a bona fide auction sale pursuant to law.
It shall be unlawful for any transient merchant, hawker or peddler to
vend, sell or dispose of, or to solicit from house to house for sale at retail,
or to offer to vend, sell or dispose of, any goods, wares, merchandise, produce,
goods or any other thing about the streets, avenues, alleys, or at any place
whatsoever within the Village without first having obtained a license from
said Village for that purpose and having paid the license fee therefor as
hereinafter provided and prescribed.
A.
Any person desiring to engage in business as aforesaid shall obtain a license application form from the Village Clerk-Treasurer. He shall fill out this application form stating the nature of and the place or places generally where his business is to be carried on, the length of time for which the license is desired, a general description of the things intended to be sold, disposed of or contracted for, the kind of vehicle to be used by the applicant in carrying on the business for which the license is desired, the name and permanent address of the applicant for such license, the name and address of the person, firm or corporation he represents, and the place or places of residence of the applicant for the two years previous. No license shall be granted until all the provisions of § 243-9 of this chapter shall have been complied with.
B.
Whenever the business of the applicant shall require
the use of weighing or measuring devices, the application shall be accompanied
by a certificate from the Sealer of Weights and Measures stating that said
devices have been examined and approved.
Upon filing of the application properly filled out and, in a proper
case, a certificate as provided by this chapter, the Village Clerk-Treasurer
shall issue to the applicant a license. All licenses shall be issued from
a bound book with proper reference stubs kept for that purpose numbered in
the order in which they are issued and shall state clearly the kind of vehicle
to be used, the kind of goods, wares and merchandise to be sold, disposed
of or contracted for, the number of the licensee's badge and license
plate, the dates of issuance and expiration of the license, the fee paid and
the name and address of the licensee, and the date of revocation of all licenses
revoked.
A.
Such licenses shall automatically expire on January 1
following the date of issuance of such license, but such licenses 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 under 18 years
of age, and no applicant to whom a license has been refused or who has had
a license which has been revoked shall make further application until a period
of at least six months shall have elapsed since the last previous rejection
or revocation no longer exists.
D.
Every licensee, while exercising his license, shall carry
the license with him and shall exhibit the same upon demand of an officer
or a customer or prospective vendee.
E.
A license shall not be assignable, and any holder of
such license who permits it to be used by any other person, and also any person
who uses a license granted to any other person, shall be guilty of a violation
of this chapter.
F.
Whenever a license, badge or vehicle plates shall be
lost or destroyed, a duplicate in lieu thereof under the original application
may be issued by the Clerk-Treasurer upon the filing by the licensee of an
affidavit setting forth the circumstances of the loss and what, if any, search
has been made for its recovery.
Any licensee using a motor vehicle may employ two persons, and no more,
to assist in transporting and delivering the goods, wares, and merchandise,
but such persons shall so act only while accompanying a licensed transient
merchant, hawker or peddler.
The Village Clerk-Treasurer will supply badges and/or vehicle plates
to licensed transient merchants, hawkers, and peddlers. Such badges and plates
shall not be transferred or assigned.
A.
On the expiration of the license, the licensee shall
surrender his badge to the Village Clerk-Treasurer. It shall be unlawful for
any person to destroy, deface or injure such badge in any manner or change
the number or date thereon. It shall also be unlawful for any person to wear
or have in his possession such badge unless he is the licensed transient merchant,
hawker or peddler in whose name the license is issued. Such licensee, while
exercising his license, shall wear on the front of his outermost garment the
badge so provided, which badge shall state the number and character of the
license.
B.
The vehicle plates shall be displayed by every licensee
operating a vehicle, one on each side of the body of the vehicle used by him
in the exercise of his license. Such vehicle plates shall state the character
and number of the license and the date of expiration. The color of the vehicle
plates shall be changed each license year.
C.
The wearing of the badge and the display of the vehicle
plates are hereby made a condition of every license to which such badge or
plates apply, and failure by the licensee to wear the badge or to display
the vehicle plates aforesaid, while in the exercise of his license, shall
be cause for the revocation of such license.
The Village President may at any time, for a violation of this chapter
or any other ordinance or any law, revoke any license. When a license shall
be revoked, no refund of any unearned portion of the licensee fee shall be
made. Notice of such revocation and the reason or reasons therefor in writing
shall be served personally upon the person named in the application or by
mailing the same to the latest address given in the application and by filing
a copy of such notice with the Village Clerk-Treasurer.
No individual shall carry on any business included in this chapter involving
the handling or sale of foodstuffs without first securing from the Health
Officer a certificate stating that such person is apparently free from any
contagious or infectious disease and agreeing in writing to submit to a further
physical examination upon request of the Health Officer, but not more often
than once in six months.
