For the purpose of this article the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMMERCIAL SOLICITING, COMMERCIAL SOLICITATION, or COMMERCIAL SOLICITOR
Shall include any of the following:
A. 
COMMERCIAL SOLICITINGThe selling or offering for sale of goods, merchandise, or property for future delivery from other than a fixed place of business on private property, except fund soliciting.
B. 
STREET SOLICITATIONThe selling or offering for sale of goods, merchandise, services or property for immediate delivery which occurs on any public right-of-way within the City.
A. 
It shall be unlawful for any person, firm, corporation or agent to engage in commercial solicitation without first securing a license as herein required. It shall be further required that any solicitor shall wear in a conspicuous place on his person a badge that can be readily seen by other persons at all times while engaged in soliciting.
B. 
The City Clerk shall have designed and shall procure on behalf of the City sufficient badges of a uniform type for uses as hereinafter set forth. An official solicitor's badge shall be issued to each person licensed as a solicitor hereunder, upon depositing adequate security as shall be set from time to time by the City Council, which shall be refunded to the licensee upon return of the badge to the City Clerk. The badge shall remain the property of the City at all times and shall be returned to the City Clerk upon the expiration, cancellation, or revocation of the license.
A. 
Application for a license shall be made, in writing, upon a form provided by the City. The applicant shall, under oath, state in full the information requested on the application as follows:
(1) 
Name and address of present place of residence and length of residence at that address; the business address if other than the residence address; and the applicant's social security number.
(2) 
Physical description of the applicant.
(3) 
Name and address of the person whom the applicant is employed by or represents and the length of time of such employment or representation.
(4) 
Description sufficient for identification of the subject matter of the soliciting in which the applicant will engage.
(5) 
Period of time for which the license is requested.
(6) 
The date or appropriate date of the latest previous application for a license under this article, or its predecessor, if any.
(7) 
Whether a license issued under this article, or its predecessor, has ever been revoked.
(8) 
Whether the applicant has ever been convicted of a violation of any provisions of this article, or its predecessor, or the ordinance of any other municipality, or any state statute regulating soliciting.
(9) 
Evidence that the applicant is authorized to solicit for the organization represented.
(10) 
Whether the applicant has ever been convicted of the commission of a felony under the laws of the State of Michigan or any other state or federal laws of the United States.
B. 
The City Clerk shall keep a record of every application received and acted upon, together with all other information and data pertaining thereto and all licenses under the provisions hereof, and of the denial of applications. Applications for licenses shall be numbered in consecutive order, as filed, and every license issued shall be identified with the duplicate number of the application upon which it was issued.
C. 
The license fee shall be set from time to time by the City Council, shall be nonrefundable, to be paid by every person, firm or corporation securing a license. A firm or corporation shall be required to pay only one license fee regardless of the number of badges issued to individuals employed by or acting as agents on behalf of the firm or corporation. Said firm or corporation shall, at the time of filing its application, provide to the City a list of names of the individuals that will be soliciting on its behalf. Regardless of whether an individual is soliciting on his or her behalf or on behalf of a firm or corporation, all individuals soliciting within the City are required to apply for and to obtain a solicitor's badge. Individuals soliciting on behalf of a firm or corporation must be listed on the application as soliciting on behalf of a licensed firm or corporation. The duration of a license for any individual, firm, or corporation shall not exceed one year. The fee shall be deposited with the City Clerk at the time of the filing of the application and, if a license is issued, it shall be paid over to the City Treasurer. However, if the license is denied, the deposit shall be returned to the applicant. Not-for-profit organizations shall be excused from paying the license fee, provided that at the time of filing the application, the organization files its not-for-profit charter or tax exempt letter.
D. 
No license shall be issued to any person who has been convicted of the commission of a felony under the laws of this state or any other state or federal laws of the United States within five years of the date of any of the provisions of this chapter; or whose license issued hereunder has previously been revoked as herein provided.
A. 
The City Clerk, upon receipt of a properly completed application, but in no event later than five working days after receipt of the application, shall either issue a license or notify the applicant, in writing, that the application has been denied for the following reasons:
(1) 
The applicant has failed to comply with the requirements of this article.
(2) 
The applicant has, within the previous year, been convicted of a violation of any of the provisions of this article, its predecessor, or the ordinance of any other municipality; of any state or federal statute regulating soliciting or peddling; or of a violation of any law where the offense for which the applicant was convicted took place in connection with the applicant's alleged soliciting.
(3) 
The applicant has within the past five years been convicted of a felony under the laws of the State of Michigan or any other federal laws of the United States.
(4) 
A license issued to the applicant under this chapter has been previously revoked.
B. 
In the event the application is issued, each license shall be signed by the City Manager and countersigned and sealed by the City Clerk, and shall recite that no one shall solicit hereunder without wearing the official solicitor's badge as required.