City of Monroe, MI
Monroe County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and City Council of the City of Monroe 3-25-1996 by Ord. No. 96-002. Amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See § 1-27.
Charitable solicitations — See 256.
Handbills and billposting — See Ch. 370.
Ice cream sales vehicles — See Ch. 396.
Licensing — See Ch. 415.
STATUTORY REFERENCES
Power to license — See MCLA § 91.1.
Hawkers and peddlers — See MCLA § 445.371 et seq.
Transient merchants generally — See MCLA § 445.371 et seq.
Secondhand dealers — See MCLA § 445.401 et seq.
This chapter may be known, identified and cited as the "Hawker and Peddler and Transient Merchant Ordinance."
[Amended 3-7-2011 by Ord. No. 11-001]
As used in this chapter, the following terms shall have the meaning indicated:
HAWKER and PEDDLER
Any person who goes about to any private residence or residences, or upon the streets, sidewalks or public alleys, or on other public property in the City, carrying, selling, offering for sale or taking orders for the sale of any edible items, goods, wares, merchandise or any kind of property or thing.
PERSON
Any individual, firm, partnership, corporation, company, association or other business entity.
TRANSIENT MERCHANT
Any person engaged temporarily in the retail sale or delivery of edible items, goods, wares, merchandise or any kind of property or thing from any lot, premises, building, room or structure. The term shall not apply to the following:
A. 
A person selling goods, wares or merchandise of any description raised, produced or manufactured by the individual offering the same for sale.
B. 
A person handling vegetables, fruits or other perishable farm products at any established City market.
C. 
A person selling at an art fair or festival or similar event at the invitation of the event's sponsor if all of the following conditions are met:
(1) 
The sponsor is a governmental entity or nonprofit organization.
(2) 
The person provides the sponsor with the person's sales tax license number.
(3) 
The sponsor provides a list of the event's vendors and their sales tax license numbers to the Clerk/Treasurer.
D. 
A person soliciting orders by sample, brochure or sales catalog for future delivery or making sales at residential premises pursuant to an invitation issued by the owner or legal occupant of the premises.
A. 
No person shall engage in the business of a hawker and peddler or a transient merchant within the City without having first obtained a license therefor issued by the Clerk/Treasurer.
B. 
No person shall be so engaged in the business of a hawker and peddler within the City without having upon his or her person a license therefor issued by the Clerk/Treasurer. Any person so engaged in the business of a hawker and peddler shall display his or her license for review and inspection when so requested by any police officer, ordinance enforcement officer or citizen.
C. 
No person shall be so engaged in the business of a transient merchant without having a license therefor displayed in full view at the location of the business.
A. 
No person shall be issued a license to engage in the business of a hawker and peddler or a transient merchant without first having submitted a completed license application on a form provided by the office of the Clerk/Treasurer.
B. 
Upon submission of the license application, each person, unless otherwise exempt, shall pay a nonrefundable license application fee, as determined by the Clerk/Treasurer and approved by the Mayor and City Council by resolution.
C. 
Each application for a license shall contain the following information:
(1) 
The applicant's name, date of birth, social security number, permanent address, business address and telephone number at the time of submission of the application, and any prior business addresses used for the previous three years. If the application is for a transient merchant's license, the applicant shall also provide the applicant's federal taxpayer identification number, number of employees and state employer identification number.
(2) 
The name of the person, firm, partnership, corporation or other business entity represented, if different from the applicant, together with the address of the registered office of the business and registered agent designated in Michigan for service of legal process, and the address of the nearest local or district office.
(3) 
A description of the nature of the business represented and the goods, wares, items or merchandise to be sold.
(4) 
The exact locations within the City where the applicant will conduct his or her business as a hawker and peddler or a transient merchant.
(5) 
The length of time for which the license is required and the expected days and hours of operation.
(6) 
A complete listing of all such prior applications filed with the Clerk/Treasurer's office within the last five years.
(7) 
A statement indicating whether the licensee will operate from a lot, room, building, structure or vehicle or will be peddling on foot.
(8) 
A statement of all criminal offenses which the applicant has been convicted of within the last five years by any court.
(9) 
A statement stating whether or not the applicant has ever had any licenses required by this City or any state or municipal authority revoked, suspended or denied within the last five years and under what circumstances.
(10) 
A copy of a valid current Michigan sales tax license, or, if exempt, a copy of a current exemption certificate, if required for the goods, wares or merchandise sold.
(11) 
Any such other reasonable information that the Clerk/Treasurer deems necessary to process the application and fulfill the purposes of this chapter.
D. 
Unless otherwise exempt, all applicants shall, at the time of issuance of a license, pay to the Clerk/Treasurer a nonrefundable license fee. The Clerk/Treasurer shall determine a sum certain for all license fees required under this chapter, subject to the approval of the Mayor and City Council by resolution.
A. 
An application for a license under this chapter shall be accompanied by a bond to the City, approved as to form by the City Attorney and as to the surety by the Clerk/Treasurer, in the penal sum of $500, with sufficient surety or sufficient collateral security, and conditioned on the due observance of any and all City ordinances and state laws during the duration of the license.
B. 
Any person aggrieved by an action of any hawker and peddler or any transient merchant shall have a right of action on the bond for the recovery of money or damages, or both.
C. 
Any such bond shall remain in full force and effect during the duration of the license, and, in the case of a cash deposit, such deposit shall be retained by the City for a period of 90 days after the expiration of any such license or after the termination of any action upon such bond or deposit of which the Clerk/Treasurer shall have been notified, unless sooner released by the Clerk/Treasurer.
[Amended 3-7-2011 by Ord. No. 11-001]
A. 
The following persons are exempt from the provisions of § 374-4B and D:
(1) 
Any person engaged in the retail sale of goods, wares or merchandise at a permanent location in the City and subject to the City's ad valorem real or personal property taxes.
(2) 
Any person representing any recognized religious or charitable organization which has a valid license issued by the State of Michigan under the provisions of Act 169 of the Public Acts of 1975.[1]
[1]
Editor’s Note: See MCLA § 400.271 et seq.
(3) 
Any person representing any established public or private school, provided that sales are under the sponsorship of the school.
(4) 
Any honorably discharged member of the armed forces, pursuant to Act 20 of the Public Acts of 1989, being MCLA § 35.441 and § 35.442.
(5) 
Any person exempt from the licensing requirements of this section by virtue of state or federal law.
B. 
Any person requesting an exemption under Subsection A hereof shall bear the burden of proving, by a preponderance of the evidence, that he or she falls under the exemption provisions as contained in that subsection.
A. 
No later than 45 days after the receipt of a properly completed application, a satisfactory bond and any required fees, the Clerk/Treasurer, upon being satisfied that the applicant is of good moral character, shall issue a license to the applicant in a form hereinafter provided.
B. 
Except as herein provided, no license shall be refused except for a specific reason and for the protection of the public health, safety, morals, general welfare or good order. All license refusals shall be in writing, addressed to the applicant and stating, with particularity, the reason(s) for the refusal.
C. 
No license shall be granted to a minor.
D. 
Any applicant aggrieved by a final determination by the City Clerk/Treasurer in denying the issuance of a license or revoking a license may appeal said determination in writing to the Mayor and City Council within seven days from the decision. The Mayor and City Council shall then hold a hearing on the matter within 10 days of the date of the receipt of the appeal and make a final decision supported by findings of fact within 30 days from the date of the receipt of the appeal letter.
E. 
No applicant to whom a license has been refused or who has had a license which has been revoked shall make a further license application until a period of at least six months has elapsed since the last previous refusal or revocation.
A. 
Additional copies of licenses to replace those lost, spoiled, destroyed or rendered partially or wholly illegible may be obtained from the Clerk/Treasurer for a fee. Said fee shall be determined by the Clerk/Treasurer and approved by the Mayor and City Council by resolution. No more than one copy of a license shall be issued to or in the possession of any licensee at one time.
B. 
The original copy must be surrendered to the Clerk/Treasurer prior to the issuance of a replacement license. In the event that the original license is lost or destroyed, the license holder shall be required to execute an affidavit stating such fact and indicating the circumstances thereof.
C. 
The additional copy of the license shall be clearly marked "duplicate" in plain letters across the face thereof by the Clerk/Treasurer.
A. 
Upon receipt of the application for a license, the Clerk/Treasurer shall mark thereon the date the application was filed, the names of the sureties on the bond, a list of the securities deposited or the fact of a cash deposit.
B. 
If the license is granted, the Clerk/Treasurer shall mark on the application the number of the license granted, the amount of the fee collected and the date of expiration. If the application for the license is refused, the Clerk/Treasurer shall mark that fact upon the application, together with a statement of the reasons for refusing to grant the license.
C. 
Applications for a license shall be filed in a separate file in the office of the Clerk/Treasurer in alphabetical order according to the surnames of the applicants.
D. 
Each license issued shall be made in duplicate, displaying the issued number of the license. Said duplicates shall then be placed in a separate file, in numerical order, in the office of the Clerk/Treasurer.
E. 
All application and license files shall be open for inspection by members of the Police Department, ordinance enforcement officers and other administrative officers of the City. Any information contained in such files shall be given to any individual upon request.
A. 
Any license issued under the provisions of this chapter shall be in such form as to contain on its face the full name of the person licensed, the permanent address of the licensee, the local address of the licensee if it is other than the permanent address, the name and address of the persons whom the licensee represents as agent, and the address or location of the place within the City at which the licensee is authorized to conduct his or her business.
B. 
The license shall specify the articles to be sold and the date of issue and expiration.
C. 
Each license shall bear a serial number.
D. 
Each license shall be sealed with the seal of the City, signed by the Mayor and countersigned by the Clerk/Treasurer.
[Amended 3-7-2011 by Ord. No. 11-001]
A. 
Each applicant requesting a license to engage in the business of a hawker and peddler or a transient merchant shall be required to first execute a release of liability and hold harmless agreement releasing the City, its agents, officers and assigns from any and all liability for any and all incidents involving the applicant's presence on a street or sidewalk as a licensee under this chapter.
B. 
Each licensee under this chapter must provide proof of liability insurance, issued by an insurer licensed to do business in the state, naming the City as an additional insured in an amount to be determined as sufficient by the proper administrative entity. The applicant must maintain the insurance in full force and effect during the duration of the license, with a copy to be provided to the Clerk/Treasurer. The applicant shall be required to provide 30 days' written notice prior to the lapse of any such policy of insurance.
No person shall be engaged as a hawker and peddler or a transient merchant before 8:00 a.m. or after 8:00 p.m.
[Amended 3-7-2011 by Ord. No. 11-001]
A. 
No licensee, while acting as a hawker and peddler or a transient merchant, shall engage in the following prohibited actions, activities or conduct:
(1) 
Alter, remove or obliterate any entry made upon a license issued pursuant to this chapter, or deface such license in any way, or permit the alteration to be done by another.
(2) 
Refuse and/or fail to produce a valid license when requested by any police officer, ordinance enforcement officer or other individual.
(3) 
Transfer, with or without consideration, any license previously issued.
(4) 
Remain, while engaged in the business of a hawker and peddler, in any one place in the City for a period of time longer than 10 minutes.
(5) 
Remain in a private residence or upon any private property or premises after the owner, occupant or agent has requested, ordered or commanded the hawker and peddler or transient merchant to leave.
(6) 
Use any weighing or measuring device in the conduct of his or her business, or have in his or her possession any weighing or measuring device, unless the device has been examined, approved and sealed by the Inspector of Weights and Measures.
(7) 
Sell or offer for sale any unsound, unripe or unwholesome food, or any defective, faulty, incomplete or deteriorated item or article of merchandise, unless the goods are so represented to prospective customers.
(8) 
Use any noisemaking device, amplifier or the human voice to call attention to his or her wares, goods or items in such a manner as to create a disturbance, as provided for in Chapter 451 of this Code of the City of Monroe.
(9) 
Advertise or hold out that any sale is an insurance, assignee's, executor's, administrator's, mortgagee's, receiver's or closing-out sale, or a sale of mortgaged goods, or of goods, wares and merchandise damaged by fire, smoke, water or otherwise, or that the samples which he or she is advertising or exposing for sale are samples of any goods described heretofore, either as to their condition or the method of conducting the sale, unless he or she, at the time of applying for his or her license, makes and files with the Clerk/Treasurer an affidavit showing all the facts in regard to the sale which he or she proposes to conduct, including a true statement of the names of the persons from whom the goods to be sold were obtained, the date of the delivery of the goods to the licensee, the place from which the goods were bought and all the details necessary to fully identify the goods.
(10) 
Commit any act that is prohibited under the existing ordinances of the City.
(11) 
Commit any act that is prohibited under existing state and federal law.
B. 
Upon receipt of a complaint alleging prohibited conduct, as listed in Subsection A hereof, the Clerk/Treasurer, or his or her designee, shall conduct an immediate investigation to determine whether the complaint is valid. If the Clerk/Treasurer, or his or her designee, reasonably determines that the complaint is valid, he or she may take such reasonable action, including revoking the license of the hawker and peddler or transient merchant, as is warranted by the nature of the prohibited action, activity or conduct.
C. 
Any action taken pursuant to Subsection B hereof shall in no way affect, or is intended to affect, the imposition of any penalty described in § 1-27 of this Code of the City of Monroe.
Sections 396-1 to 396-4, 396-6 and 396-10 are hereby deemed unaffected by this chapter.[1]
[1]
Editor's Note: See Ch. 396, Ice Cream Sales Vehicles.