As used in this article, the following terms shall have the
meanings indicated:
Any person who travels from house to house or place to place,
or who, on the streets or alleys or open places, or in public grounds
or places, sells or offers for sale, or exposes for sale, any goods,
wares or merchandise to any person not a dealer therein, or who takes
orders for the purchase of goods, wares or merchandise by samples,
lists, or catalog, or subscription for magazines and books from any
person not a dealer therein. The term "hawker" or "peddler," as used
in this article, shall not be applicable to any party selling the
products of his own farm, orchard or garden.
No person shall follow the business or occupation of a hawker
or peddler within the limits of the Township, unless he shall have
obtained a license in accord with this article. No person shall act
as a helper or assistant to a licensed peddler, unless he has a helper's
license.
Application for a license required by the provisions of this
article shall be filed with the Township Clerk on the form and manner
required by him. Such application shall contain, among other things,
the following information:
A.
The name and description of the applicant;
B.
The address, permanent and temporary, of the applicant;
C.
A brief description of the nature of the business and the goods to
be sold;
D.
If the applicant be employed, the name and address of his employer,
together with credentials establishing such relationship;
E.
The length of time for which a license is desired, but in no event
longer than one year;
F.
If a vehicle is to be used, a description of the same, together with
the license number and other information that may be required;
G.
Two photographs of the applicant, taken within 60 days immediately
prior to the date of filing such application, which photographs shall
be two inches by two inches and shall show the head and shoulders
of the applicant in a clear and distinguishing manner.
[Amended 9-13-2000 by Ord. No. 00-08]
Licenses issued under this article shall be paid for at the
time the application is filed. The license fee shall be as set forth
in the fee schedule established from time to time by the Township
Board.
[Amended 9-13-2000 by Ord. No. 00-08]
The Township Clerk shall make a record of all applications for
licenses required by this article received by him/her, and if the
Clerk shall find that the application is in proper form and the information
therein contained is correct and that the applicant does not intend
to use the license to engage in any activity that will cheat or defraud
the public, the Clerk shall issue the license applied for in the application,
upon the payment of the fee and/or the posting of a bond as hereinafter
provided. The Clerk shall present to the Township Board at the next
regular meeting thereof a record of all applications for licenses
received by him/her and the action taken on said applications.
Every person, while he is engaged in the business of peddling,
shall have in his possession the license issued by the Township, and
it shall be unlawful for any such licensee to refuse to exhibit such
license upon request of any private citizen or police officer.
No license issued under the provisions of this article shall
be transferable to any other individual and it shall be unlawful for
any other individual to possess and/or display such license while
engaged in the business of peddling.
No licensee under this chapter shall alter, remove or obliterate
any entry made on the license.
The Township Clerk, ordinance officer or police officer shall
have the power to suspend any license under this article for violation
of a Township ordinance or any condition or regulation under which
the license was granted, or for undesirable business practices. The
Township Clerk shall report all suspensions to the Township Board,
which may, for cause shown, revoke or reinstate the license after
giving the licensee reasonable notice and an opportunity to be heard.
No person whose license has been revoked shall receive another license
for a period of one year thereafter. In the event of revocation, the
license fee shall not be refunded.[1]
Nothing contained in this article shall be construed to prevent
any manufacturer, farmer, or nurseryman within the Township from selling
goods, wares or merchandise created or produced by sample or otherwise
without a license, provided that such manufacturer or person has established
a residence in the Township; nor shall any merchant who has been conducting
a regularly established mercantile business in the Township be prevented
from selling or offering for sale any goods, wares or merchandise.
Any honorably discharged member of the United States Army, Navy, Marines,
or Coast Guard, shall not be required to pay the fee provided in this
article, but they shall be required to file an application and in
all other respects, comply with the provisions of this article, and
in addition, to present an honorable discharge from one of the services
aforedescribed, and if a state license is required, present a state
license showing authority to engage in such activity before the Township
license can be issued.
A full, complete record of each license issued under this article,
including renewals, suspensions, or revocation thereof, and serious
complaints and charges against the licensee, together with his photograph,
shall be kept on file by the Township Clerk.
All licenses issued under the provisions of this article shall
expire on the 31st day of December, unless a prior date is fixed therein.
All provisions must be followed to provide for a safe selling
area if one is required. All parking shall be off-street and not shoulder
parking as to not create a safety situation.
Advertisements or signs shall be placed on premises for sales
of products and not protrude on rights-of-way as to create a visual
safety situation. All signs shall be removed at end of sales each
day and shall not become permanent.
There shall be enough trash cans, lined with plastic liners,
to accommodate all trash thrown away on the premises. All trash shall
be removed by the end of each day during which the facility is open.
Grounds, buildings and structures shall be maintained free of
insect and rodent harborage and infestation.
