[4-28-2008 by Ord. No.
1290; 2-23-2009 by Ord. No. 1298]
(a) General. Transient merchants are authorized to engage in a temporary
business from a stationary location on commercially zoned private
property with written permission of the property owner/occupant, except
where otherwise prohibited, upon receipt of a license.
(b) License period. Licenses shall cover up to a thirty-consecutive-day
sale period; however, no more than four shall be issued per year,
per applicant. When the applicant has more than one transient merchant
location during the same sale period, there will be a fee assessed
per additional location.
(c) Exceptions to license period. Transient merchants selling food items
only, which items are prepared and intended for immediate consumption,
may be issued a license for up to seven months in a calendar year
if the City administration finds in each case that:
(1)
The business and the proposed location for the licensee to conduct
business will not create any threat to the public's health, safety
and welfare and will not unduly aggravate any traffic problem in the
area.
(2)
The proposed use will not be injurious to the surrounding neighborhood.
(3)
The proposed use shall not cause traffic congestion or movement
out of proportion to that normally prevailing in the particular district.
(4)
The proposed use shall provide sufficient space for the required
off-street parking of all vehicles attracted by its presence and shall
abide by the regulations set forth in this chapter for its particular
district or use.
(d) Exemptions from fees only. Any established business which sells a product/service at a permanent location within the City, or is a veteran or exempt organization (as defined in §
12-382) shall be exempt from payment of licensing fees only. All other provisions of this article apply.
(e) Exemptions. The following shall be exempt from this division in its
entirety:
(1)
Transactions commonly described as yard, garage, basement, and
like sales.
(2)
Sales made under order of any court.
(3)
Any person foreclosing any chattel mortgage, when the property
is disposed of under the power of sale contained in such instrument
and not sold at retail.
(4) Events held at the St. Clair County Blue Water Convention Center
and City of Port Huron McMorran Place.
[6-26-2017 by Ord. No.
17-005]