[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]