[Code 1974, § 64-2; amended by Ord. No. 2015-04, 5-19-2015]
(a) It shall be unlawful for any person or organization, either as principal,
agent, or representative, to engage in vending, as herein defined,
within the Township without having first obtained a license therefor
in the manner provided herein, except as set forth in this section.
(b) The provisions of Subsection
(a) of this section do not apply to:
(1)
Any person under the age of 19 years.
(2)
Any person selling goods on his/her property that were grown
upon lands leased or owned by him/her.
(3)
Any person selling goods and/or services at the Township farmer's
market.
(4)
Any person engaging in vending upon commercial premises, provided:
a.
That such person shall have written permission to do so from
the owner or operator of such premises maintained with the Police
Department; and
b.
That the owner or operator of such premises shall in writing
acknowledge legal responsibility and liability for the acts of such
person upon such premises, and the consequences thereof maintained
with the Police Department; and
c.
That the owner or operator of such premises shall be required
to obtain a license under this ordinance, except that no bond shall
be required.
(5)
Any person vending as the duly authorized representative or
agent of any church, charitable, educational, or fraternal organization
or of any political group seeking funds or membership or of any nonprofit
organization duly authorized under the laws of the state.
(6)
Any person vending as the authorized agent or representative
of a principal which is licensed under this article; provided, that:
a.
The principal shall issue each such agent or representative
an identification card, which the agent or representative shall produce
upon request; and
b.
If an authorized agent or representative is an organization, the principal shall file with the Township Treasurer a cash bond of $500 for each organization vending within the Township, as required by §
38-155; and
c.
The principal shall maintain with the Police Department a current
roster of all individuals authorized by the principal as its agents
or representatives within the Township, which roster shall be produced
upon request.
(7)
Any owner or operator of a retail business establishment conducting
an off-premises sale on commercial property of another. Such off-premises
sales shall be limited to two per year for each owner or operator
of such a retail business establishment.
(8)
Mobile food vending units.
[Added by Ord. No. 2016-02, 1-5-2016]
[Code 1974, § 64-3(1)]
Any person required to obtain a license under the provisions of this article shall file an application therewith and on a form provided by the Township Police Department. The applicant shall state under oath or affirmation such facts as may be required for or applicable to the granting of such license and shall be subject to and shall comply with the provisions of §§
38-37,
38-39,
38-40, and
38-41.
[Code 1974, § 64-3(2)]
If the applicant is acting as an agent or representative of
a principal, the principal shall also file with the Township Clerk
a power of attorney appointing the Township Clerk or any successor
thereof as an agent of the applicant and principal upon whom service
of process may be made in any suit filed against the applicant or
principal.
[Code 1974, § 64-3(3)]
Any site and/or structure used for vending shall be subject
to approval of the Chief Building Inspector and the Fire Marshal before
a license is issued. Persons applying for a license for the vending
of food products shall furnish the Police Department with a written
document from the county Health Department that the food products
are safe for human consumption.
[Code 1974, §§ 64-3(4), (6), 64-4; amended by Ord. No. 2015-04, 5-19-2015]
(a) The applicant shall deposit with the Township Treasurer a cash bond in the amount of $500 and pay a license fee in the appropriate amount as set forth in §
38-156 below, whereupon the Police Department shall issue a license to the applicant upon finding the applicant has complied with the provisions of this article. Deposits made with the Township Treasurer as required by this subsection shall be subject to claims in all cases where a suit has been brought against the applicant and garnishment proceedings brought against the deposit. At the discretion of the Chief Building Inspector, deposits may also be used to pay for cleaning up debris left by the vendor on any premises used for vending. Any deposits in the hands of the Township Treasurer shall be returned to the applicant within six months after the expiration of the license or the date of the settlement of all pending claims, whichever date shall be later.
(b) If the Police Department refuses to issue a license as provided herein,
the applicant may appeal to the Township Board upon giving notice
thereof in writing to the Township Clerk within 10 days of such refusal.
[Code 1974, § 64-3(7); amended by Ord. No. 2015-04, 5-19-2015]
Each person required to be licensed under this article shall
pay the fee established by resolution prior to being issued a license.
[Code 1974, § 64-3(5)]
Such license shall be valid for not more than 120 days from
its date of issuance.
[Code 1974, § 64-3(8) ; amended by Ord. No. 2015-04, 5-19-2015]
The Police Department shall issue to each licensed vendor a
license and an identification tag. The license and identification
tag shall bear the words "Licensed Vendor," the period for which the
license is issued, and the number of the license, all in letters and
figures which are plainly discernable. The license shall be prominently
displayed on the structure or vehicle used by the licensee. The identification
tag shall be worn constantly by the licensee on the front of his/her
hat or outer garment in such a way as to be conspicuous during such
time as such licensee is engaged in vending.
[Code 1974, § 64-3(12)]
The Police Department may revoke a license for a vendor's violation
of this article or any other applicable ordinance of the Township
or law of the state. The vendor may appeal such revocation to the
Township Board upon giving notice thereof in writing to the Township
Clerk within 10 days of such revocation.