City of Holland, MI
Ottawa County
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Table of Contents
Table of Contents
[Ord. No. 883]
For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
DRUMMER
Any person engaged in the business of taking orders or making contracts for the purchase of goods, wares or merchandise for future delivery or any person who shall employ a representative, agent or crew or representatives or agents to engage in such activity. The term "drummer" shall not include any person engaged in the business of selling at retail if done by prior appointment.
PEDDLER
A person over the age of 17 years engaged in the business of selling at retail any goods, wares, merchandise or services, or taking orders or making contracts for the purchase and immediate delivery thereof, except when such activity is conducted from a fixed place on private property within the City. Peddling shall also include any person engaged in selling or exposing for sale any goods, wares, merchandise or any kind of property or thing from any cart, vehicle or other device upon the streets or public places of the City. The term "peddler" shall also include any person who shall employ a representative, agent or crew of representatives or agents to engage in such activity. The term "peddler" shall not include any person engaged in the business of selling at retail if done by prior appointment.
[Code 1955, § 7-5.1; Ord. No. 883]
(a) 
No person shall engage in peddling unless he has first secured a license to peddle from the City Clerk, in the manner provided in this article and in Chapter 17 of this Code. Any license issued to an agent or representative shall be valid and in effect only so long as the license of the employer remains in full force and effect.
(b) 
No person shall engage in drumming without first providing the City Clerk with the following information:
(1) 
The full name of the person taking orders or making contracts.
(2) 
Such person's permanent address, business address and local address.
(3) 
The full name and address of the person's employer and a general list of the types of goods, wares or merchandise to be delivered.
(4) 
The full name and address of the person who will supply the goods, wares or merchandise.
(c) 
Any physically handicapped peddler, any person offering for sale any products of his own farm or any person peddling for a religious organization, educational institution or nonprofit community service organization which receives the entire proceeds of sales made shall be exempted from the payment of fees for licenses issued under this article if he can establish the fact upon which he bases his claim of such exemption to the satisfaction of the City Clerk. Each such person shall submit an application for a license hereunder and shall be subject to all other provisions of this article as if such person had obtained a license and paid the fee required for the same.
(d) 
A peddler or drummer need not obtain a license or register with the City if the peddling or drumming is accessory or incidental to a business conducted at a fixed place within the City.
[Code 1955, § 7-5.2; Ord. No. 883]
The application for a license under this article shall contain, in addition to the information required by Chapter 17 of this Code, the following items, and any others that the City Clerk may require:
(a) 
The full name, permanent address, business address, local address and age and occupation of the applicant at the time of filing the application;
(b) 
If an agent's or representative's application, the name of the person, firm or corporation represented, together with the address of the central or district office;
(c) 
A list or general description of the articles or services to be sold or offered for sale;
(d) 
The length of time for which a license is desired;
(e) 
The proposed measure of sale, whether by weight, measure, package or otherwise;
(f) 
The proposed method of peddling or vending, whether on foot or by handcart, pushcart or other vehicle.
[Code 1955, § 7-5.5]
The regulations set forth in Sections 24-6 to 24-12 shall be either printed in full on the back of, or attached to, each license issued under this article, and each licensee shall comply with such regulations.
[Code 1955, § 7-5.4; Ord. No. 883]
The Department of Environmental Health may require an applicant who proposes to peddle anything to be used as food to submit to the Department of Environmental Health for examination a medical certificate obtained from a physician who is licensed to practice medicine in the state, to the effect that the holder is free from all communicable disease and infectious disease in communicable form and is not a carrier of any such disease. If the Department of Environmental Health requests such a certificate, no license shall be issued until the medical certificate has been submitted and is approved by the Department of Environmental Health.
[Code 1955, § 7-5.5; Ord. No. 798; Ord. No. 883; 1-3-2018 by Ord. No. 1701]
(a) 
No licensee or drummer under this article using any cart, wagon, truck, automobile or other vehicle in peddling or drumming under the provisions of this article shall occupy the street or sidewalk in such manner as to interfere with or interrupt travel, or when stopping his vehicle upon the streets or public places in the City for the purpose of selling or offering for sale any goods, wares or merchandise, shall stop otherwise than parallel with and within one foot of the curbline. No peddler or drummer shall conduct his business in front of or next to any premises for a longer period of time than 10 minutes.
(b) 
No person shall engage in peddling or drumming at any time on the following streets:
(1) 
Seventh, Eighth and Ninth Streets between Van Raalte and Fairbanks Avenues, and the avenues or streets between those streets.
(2) 
Tenth and Twelfth Streets between Central and River Avenues.
(3) 
River and Central Avenues between Ninth and Twelfth Streets.
(c) 
In addition, no person shall engage in peddling or drumming during the week of Tulip Time on Van Raalte Avenue from Lake Macatawa to 28th Street.
(d) 
Notwithstanding the above, a licensed peddler who is contracted by the Holland Tulip Time Festival, Inc., may engage in peddling bottled water and pre-packaged snacks in the bleachers along Eighth Street and along Van Raalte Avenue during any event organized, coordinated, or administered by Tulip Time, and during the one hour before or after such event.
(e) 
For the purposes of this section, peddling and drumming shall not include the sale or distribution of newspapers or periodicals for immediate delivery by individual carriers or at established distribution sites or informational brochures or publications distributed by Holland Tulip Time Festival, Inc., as long as such publication predominately relates to the informational activities of Tulip Time.
[Code 1955, § 7-5.5; Ord. No. 883]
No person shall continue to engage in peddling or drumming on any street, alley or public place in the City when requested by a police officer to refrain therefrom because of congested traffic conditions, evacuation, fire, police investigation, storm damage or other similar reason, when it is necessary to protect the health, welfare and safety of the persons of the City.
[Code 1955, § 7-5.5; Ord. No. 883]
No person shall shout or call his wares in a loud, boisterous or indecent manner, or in such a manner as to disturb the public, nor shall any licensee or drummer under this article use any loud or harsh horn or bell or other noisemaking device to call attention to his wares or to his presence for the purpose of conducting the business or acts for which his license was granted.
[Code 1955, § 7-5.5; Ord. No. 1246, 3-24-1999]
No person shall use any weighing or measuring device in the conduct of his business, or have in his possession any weighing or measuring device, unless such device shall have been examined and approved by the sealer of weights and measures.
[Code 1955, § 7-5.5; Ord. No. 1246, 3-24-1999]
No person shall sell or offer for sale any article or commodity purporting to be in quantities of standard weight or measure, whether or not in original or other packages, unless the same shall be actually of the weight or measure purported.
[Code 1955, § 7-5.5; Ord. No. 1246, 3-24-1999]
No person shall sell or offer for sale any unsound, unripe or unwholesome food, or defective, faulty, incomplete or deteriorated article or merchandise, unless the goods are so represented to prospective customers.
[Ord. No. 1246, 3-24-1999]
A person who violates or fails to comply with Section 24-8 of this article is responsible for a Class I municipal civil infraction and subject to the civil fines set forth in the schedule of civil fines in Section 2-118 of this Code and any other relief that may be imposed by the court. A person who violates or fails to comply with Sections 24-6, 24-9, 24-10 or 24-11 of this article is responsible for a Class II municipal civil infraction and subject to the civil fines set forth in the schedule of civil fines in Section 2-118 of this Code and any other relief that may be imposed by the court. Each act of violation and each day upon which said violation occurs shall constitute a separate violation.
[Code 1955, § 7-10.1; Ord. No. 687; Ord. No. 828; Ord. No. 1209, 3-18-1998]
For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
PERSON
Includes any person, firm, association, corporation, limited liability company, partnership or two or more persons having a joint or common interest.
TULIP TIME
Not only the official, designated days of the Tulip Time festival each year, but also the three days immediately before the commencement of the festival and the one day immediately after the conclusion of the festival.
TULIP TIME TRANSIENT MERCHANT
Any person engaging temporarily in the business of selling goods, wares, merchandise or services from or at a fixed place of business in the City during Tulip Time in any year. A person so engaged shall not be relieved from complying with the provisions of this article by temporarily associating with a local dealer, trader or merchant, or by temporarily conducting business in connection with, as part of, or in the name of a local dealer, trader or merchant.
[Code 1955, § 7-10.2; Ord. No. 428; Ord. No. 828; Ord. No. 1209, 3-18-1998; Ord. No. 1581, 3-7-2012]
(a) 
A person shall not engage in business as a Tulip Time transient merchant in the City of Holland during Tulip Time of any year without having first obtained a Tulip Time transient merchant license for each location where business is to be conducted. A Tulip Time transient merchant license shall be obtained under the provisions of this article and Chapter 17. A person, being a Tulip Time transient merchant, shall not peddle or engage in business in any manner in which a license is required by Article I of this chapter, unless the person is also licensed in accordance with the requirements of that article.
(b) 
The provisions of this section shall not apply to a person who has a regularly established place of business within the City of Holland and who is on the City tax rolls.
(c) 
The provisions of this section shall not apply for any event organized, coordinated, or administered by Holland Tulip Time Festival, Inc., d/b/a Tulip Time, for which such organization is responsible for contracting with individual merchants involving the sale of nonfood items.
[Code 1955, § 7-10.4; Ord. No. 828; Ord. No. 1209, 3-18-1998]
Applications for a Tulip Time transient merchant license under the provisions of this article shall include, in addition to the information required by Chapter 17 and other information that the City Clerk may require, the following information:
(a) 
The full name and mailing address of the applicant at the time of the filing of the application.
(b) 
The full name and mailing address of the business or organization, if any, that will be engaged in business as a Tulip Time transient merchant.
(c) 
The period of time or the number of days during Tulip Time for which the license is requested.
(d) 
If the business of the applicant shall require the use of weighing or measuring devices, then the application shall be accompanied by a certificate from the sealer of weights and measures stating that such devices have been examined and approved.
(e) 
The full name of the owner of the property or the owner's agent and the property address of the location where the Tulip Time transient merchant shall conduct business.
(f) 
The application shall also be accompanied with the written permission of the owner or the owner's agent of the property where the Tulip Time transient merchant's business is to be located.
[Code 1955, § 7-10.4; Ord. No. 828; Ord. No. 1069, 10-7-1992; Ord. No. 1209, 3-18-1998]
For each Tulip Time transient merchant license issued under the provisions of this article, the licensee shall pay the fee as established by a resolution adopted by City Council. A licensee who sells goods, wares, merchandise or services for a religious organization, educational institution or other nonprofit organization shall be exempt from the payment of a Tulip Time transient merchant license fee.
[Code 1955, § 7-10.6; Ord. No. 687; Ord. No. 828; Ord. No. 1209, 3-18-1998]
Each Tulip Time transient merchant license issued under this article shall be for all or a part of Tulip Time as requested in the application for the license.
[Code 1955, § 7-10.5; Ord. No. 828]
No licensee under the provisions of this article shall do or perform any of the following things or acts:
(a) 
Posting license. Fail to post the license issued under the terms of this article in a conspicuous location at the place where his business is conducted, where it shall remain in plain sight during the entire time during which such business is carried on.
(b) 
Zoning; public areas. Conduct his business in any zone district prohibited by Chapter 39 of this Code nor on any street right-of-way, including sidewalks, streets or curb areas.
(c) 
Building entrance or exit. Place or operate his business in the entrance or exit areas of any building so as to hinder ingress or egress.
(d) 
Compliance with Code, etc. Violate any provision of this Code or any state or federal law relating to the business in which he is engaged, or any regulation which is promulgated and operative under any such law.
[Ord. No. 828]
The City Manager shall be the enforcing officer of this article or any City employee or officer designated by him.
[Ord. No. 1209, 3-18-1998]
A person who violates a provision of this article is guilty of a misdemeanor punishable under Section 1-10 of this Code.