[Ord. No. 392,
passed 7-11-1983]
The following definitions shall apply to the interpretation
of this chapter:
(a)
CITY — Means the City of Coldwater, Michigan.
(b)
PERSON — Means an individual person, firm, corporation, partnership
or association.
(c)
RESIDENCE — Means every separate living unit occupied for residential
purposes by one or more persons, which unit is contained within any
type of building or structure.
(d)
TRANSIENT MERCHANT — Means any person intending to remain in
business in the City for less than one year who:
[Ord. No. 392,
passed 7-11-1983]
The purpose of this chapter shall be to regulate transient merchants
and other temporary businesses in the City in order to protect the
health, safety and welfare of the citizens of Coldwater; to maintain
a record of transient merchants doing business within the City in
order to protect the citizens of Coldwater from fraudulent business
practices; and to prevent persons convicted of fraudulent or dishonest
business practices from doing business within the City.
[Ord. No. 392,
passed 7-11-1983; Ord. No. 463, passed 9-9-1991]
It shall be unlawful for any person to engage in the business
of a transient merchant in the City without first obtaining a license
as herein provided. However, no license shall be required for solicitors,
peddlers, hawkers, itinerant merchants or transient vendors of merchandise
who go in or upon private residences at the request of the owner or
owners, occupant or occupants of such residences for the purposes
of soliciting orders for the sale of goods, wares and merchandise
and/or disposing of and/or peddling or hawking the sales.
[Ord. No. 392,
passed 7-11-1983]
Each transient merchant shall, at all times while doing business
in this City, keep in his or her possession the license required by
this chapter and shall, upon request, display the license as evidence
of compliance with the requirements of this chapter.
[Ord. No. 392,
passed 7-11-1983; Ord. No. 463, passed 9-9-1991]
An application for a transient merchant license shall give the
following information:
(a)
The name or names of the person or persons having the management
or supervision of the applicant's business during the time that
it is proposed it will be carried on in the City, and the local address
or addresses of such person or persons while engaged in such business.
(b)
The permanent address or addresses of such person or persons; whether
such person will act as proprietor, agent, consignee or employee,
and the credentials establishing such relationship; the name and address
of the person, firm or corporation for whose account the business
will be carried on, if any; and if a corporation, under the laws of
that state in which the same is incorporated.
(c)
The place or places in the City where it is proposed that the applicant's
business will be carried on, and the length of time during which it
is proposed that said business shall be conducted.
(d)
The place or places, other than the permanent place of business of
the applicant, where the applicant, within three years next preceding
the date of said application, conducted a transient business, stating
the nature thereof and giving the post office box number and street
address of any building or office in which said business was conducted.
(e)
A statement of the nature and character of the tangible personal
property or service to be sold or offered for sale by the applicant
in the City; whether the goods are new, damaged or rejects; whether
the same are proposed to be sold from stock in possession or by sample,
at auction, by direct sales or by taking orders for future delivery;
where the goods or property proposed to be sold are manufactured or
produced, and where such goods or products are located at the time
said application is filed.
(f)
A current State of Michigan sales tax license number and a copy of
such license.
(g)
A statement acknowledging that the applicant understands that a criminal
records check on the applicant and all employees of the applicant
who will carry out the business of the applicant in the City will
be conducted by the City.
[Ord. No. 463,
passed 9-9-1991]
If the application contains a complete statement of the information required, and if all material required to be submitted therewith is filed with the Police Chief, the Police Chief shall, subject to the provisions of Section 870.99, within 21 days determine whether or not to issue a license and charge the fee in accordance with the current fee schedule. If the decision of the Police Chief is to issue the license, the license shall be issued three days after such decision and payment of the fee. The license issued hereunder shall not be transferable. There shall be no refund of the license fee.
[Ord. No. 463,
passed 9-9-1991]
Before a transient merchant license shall be issued, the applicant
shall pay a license fee according to a schedule of fees which shall
be adopted by the City Council from time to time by resolution.
[Ord. No. 392,
passed 7-11-1983]
A transient merchant license may be issued to a person carrying
on the business of transient merchant in this City through employees.
Such employees shall carry a duplicate license issued to the person,
which license shall be obtained at the Police Department. If the business
of transient merchant in this City is carried on through agents who
are not employees, by consignees or by an unincorporated firm or association,
each person so conducting the business of transient merchant in this
City shall be required to have a separate license.
[Ord. No. 392,
passed 7-11-1983]
A religious, charitable, patriotic, social service, civic or
political nonprofit organization shall receive a license for activities
regulated under this chapter where its authorized representative volunteers
to undertake such activities without remuneration and where the entire
proceeds of the activities will go to the organization and not for
private profit. The organization shall file the information required
for a transient merchant license in the Police Department office.
The Police Department shall issue, free of charge, a license for the
requested activity. The license shall be valid for a period of one
year and may be renewed on or before the expiration date.
[Ord. No. 392,
passed 7-11-1983]
Persons engaged in the following described activities are exempt
from the duty of applying for a transient merchant license:
(a)
Persons selling at wholesale to merchants for the purpose of resale.
(b)
Persons selling or distributing newspapers.
(c)
Persons selling tangible personal property or services to business
enterprises.
(d)
Persons who sell, at their permanent residence in the City, works
of art or crafts made or created by such person or a member of such
person's immediate family.
(e)
Persons selling or delivering tangible personal property or services
through a permanent business licensed through the City.
(f)
Persons selling at events for which a blanket license has been obtained.
(g)
Persons selling tangible personal property at a garage, basement
or yard sale held at one of the person's premises, if permitted
under the terms of the Zoning Code.
(h)
Persons conducting and selling admissions to or for theatricals,
shows, rides, sports and games, concerts, circuses, carnivals or any
other public amusement where no sales of other products are involved,
and where the sale of such admissions are made on the premises where
the event is to be conducted.
(i)
Persons selling food and beverages at a food service establishment
regulated pursuant to the Michigan Public Health Code.
[Ord. No. 392,
passed 7-11-1983; Ord. No. 463, passed 9-9-1991]
(a)
Denial of license. The Chief of Police may deny a license to an applicant
only:
(1)
If the applicant has failed to complete the application; or
(2)
If the applicant or his or her officers, agents or employees
have, within two years of the date of application under consideration:
A.
Held a license under this chapter that was revoked under subsection
(b) hereof;
B.
Been denied a license as a transient merchant or its equivalent
in another jurisdiction, or had such a license revoked; or
C.
Been convicted of a crime involving fraud, deceit, misrepresentation,
moral turpitude or injury to a person.
(3)
If the applicant does not have a current State of Michigan sales
tax license.
(b)
Revocation of license. The Chief of Police may revoke a license issued
under this chapter by sending a Notice of Revocation, by certified
mail to the license holder at the holder's last known address,
or by personal service on the holder or his or her agents or officers.
A license may be revoked only:
[Ord. No. 392,
passed 7-11-1983]
(a)
No person shall engage in activities regulated under this chapter
on public property without first procuring special authorization from
Council.
(b)
No person shall shout or use any sound device upon any of the public
places of the City, or upon any private premises in said City where
sound of sufficient volume is emitted or produced therefrom to be
capable of being plainly heard from the public places, for the purpose
of attracting attention to any goods, wares, merchandise or services
which such person proposes to sell.
[Ord. No. 392,
passed 7-11-1983]
(a)
No transient merchant shall engage in business at a fixed location
without the written permission, by lease or otherwise, of the owner
or person in control of the property. This written agreement shall
be signed by the parties and shall include the dates the transient
merchant shall be conducting business. This agreement shall be displayed
by the transient merchant at such fixed location when he or she is
doing business there.
(b)
A transient merchant doing business at a fixed location shall provide
sufficient off-street parking spaces for his or her employees and
customers.
(c)
Any display of tangible personal property, or signs or advertisements therefor, shall be at least fifteen feet from the curbline. All signs and advertisements used in connection with the business licensed herein shall comply with the appropriate sections of the Zoning Code and Chapter 1462 of these Codified Ordinances.
(d)
The owner or person in control of the property shall furnish bathroom
facilities for the use of the transient merchant.
[Ord. No. 500,
passed 12-12-1994]
The Director of Police and Fire Services and his or her designated representative, and/or the Zoning Administrator and his or her designated representative, are hereby designated as the authorized City officials to issue Municipal civil infraction citations (directing alleged violators to appear in court) or Municipal civil infraction violation notices (directing alleged violators to appear at the City of Coldwater Municipal Ordinance Violations Bureau) as provided in Chapter 211 of the Administration Code.
[Ord. No. 500,
passed 12-12-1994]
A person who violates any provision of this chapter is responsible
for a Municipal civil infraction and shall be subject to the payment
of a civil fine of not less than $50, plus costs and other sanctions,
for each infraction. A second offense, within a period of 90 days,
shall be subject to a civil fine of not less than $100, plus costs
and other sanctions, for each infraction. Third and subsequent offenses,
within 90 days, shall be subject to a civil fine of $250, plus costs
and other sanctions, for each infraction.
