[HISTORY: Adopted by the Township Board of the Township of
Cannon as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-14-2009 by Ord. No. 2009-6]
The purpose of this article is to protect the public health,
safety and welfare of the citizens of Cannon Township by the regulation,
licensing and control of solicitors, peddlers, transient merchants
and similar sales persons conducting business within the Township.
As used in this article, the following terms shall have the
meanings indicated:
Any person traveling from place to place carrying goods,
wares or merchandise and offering the same for sale, or making sales
and delivering articles to purchasers, or offering to provide services
either immediately or in the future. "Peddler" also includes the driver
of any conveyance used for or associated with peddling.
Any person traveling from place to place who solicits, asks
for or invites donations of money or goods, or who takes or attempts
to take orders for the sale of goods, wares or merchandise for future
delivery, or for services to be furnished or performed in the future.
The term "solicitor" also includes the driver of any conveyance used
for or associated with soliciting.
Any person who engages in the temporary business of the retail
sale and delivery of goods, wares or merchandise within the Township
and who, for the purpose of conducting such business, uses or occupies
any lot, premises, building, room or structure. This definition shall
not include merchants having regularly established places of business
within the Township if they are operating from their established place
of business, persons making sales at any annual fair, street fair,
festival, annual celebration or observance, or regularly employed
route salespeople.
Except as otherwise provided in this article, it shall be unlawful
for any solicitor, peddler or transient merchant, whether a person,
firm or corporation, to solicit, peddle or engage in business within
Cannon Township without first having secured a permit to conduct such
business from the Township. The agents or other representatives of
an applicant doing business in the Township shall be responsible for
compliance with this article by their principals and by the businesses
they represent.
The following are exempted from the required permit:
A.
Any person 18 years of age or younger, when engaged in soliciting
or selling on foot under the direct supervision of a school or a recognized
charitable, religious organization, or 501(c)(3) nonprofit group,
when such soliciting is solely for the benefit of their respective
schools, classes, activity groups or athletic teams.
B.
Members of churches, synagogues, mosques and other religious organizations
when such soliciting is solely for the benefit of the respective religious
organization.
C.
Persons or their agents engaged in farming that are selling or offering
for sale agricultural products grown and harvested on their own farmlands,
if such activity is otherwise in compliance with Township ordinances.
D.
Persons or their agents who display and sell used household goods at their own dwelling (garage/yard sales), if such activity is in compliance with Chapter 450, Zoning, of this Code..
E.
Persons soliciting at private homes to obtain orders for the sale
of goods or merchandise, if such persons are on the premises of such
homes because of prior invitation by the owner or resident.
F.
Any person who is exempt from such license under the terms of state
or federal law. These persons shall remain subject to the other provisions
of this article, except as to those provisions which may be preempted
by state or federal law.
G.
A person soliciting exclusively to canvass or petition for a public
official, political candidate, public policy or initiative being promoted
for purposes of public referendum, initiative, or election, or a person
canvassing solely for the limited purpose of distributing religious,
political or other noncommercial information.
H.
A veteran
possessing a license issued by the County Clerk pursuant to Public
Act 359 of 1921, MCL 35.441 et seq.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
A.
An application for a permit under this division shall be filed with
the Clerk, upon forms provided for that purpose, and shall contain
the following information:[1]
(1)
Name and description of the applicant (nature of the organization
and business and the goods or services to be sold or solicited), and
names of those persons soliciting for the applicant. The driver's
license number or other form of personal identification shall be provided
for each individual who will be soliciting on behalf of the applicant.
(2)
The permanent home address and local address, if different, of all
persons soliciting on behalf of the applicant.
(3)
At a minimum, the applicant shall provide a complete description
for each vehicle to be used by or on behalf of the applicant, license
plate numbers, make, model, and year.
(4)
A photograph of each person who will be soliciting on behalf of the
applicant. Photographs shall have been taken no more than 60 days
prior to the date of the filing of the application and shall clearly
depict the head and face of the person.
(5)
A full disclosure of criminal background of each person who will
be associated with the solicitation on behalf of the applicant.
(6)
If the applicant proposes to handle or sell food or other items for
human consumption, the applicant shall provide proof of all required
health permits issued by the Kent County Health Department or Michigan
Department of Agriculture.
(7)
The applicant shall provide the address of the place at which any
proposed transient merchant sales are to be conducted. If the property
owner is different from the transient merchant, written permission
of the property owner shall be provided.
(8)
The hours of the day and the days of the week during which the applicant
and all employees, agents and independent contractors will be engaging
in the proposed soliciting, peddling or other sales activities. (No
person shall travel from place to place, street to street or door
to door within the boundaries of Cannon Township for the purposes
of soliciting, peddling or other sales activity, nor operate a transient
business from any location within the Township except Monday through
Saturday, not before the hour of 9:00 a.m. and no later than 6:00
p.m.)
(9)
Any other information the Township Clerk may reasonably determine
is necessary to verify the character and nature of the proposed soliciting,
peddling or other sales activity.
[1]
Editor's Note: The application for solicitation is on
file in the office of the Township Clerk.
B.
A nonrefundable permit fee of $25 for the first solicitor and $20
for each individual thereafter shall accompany the application. Each
permit shall allow up to a maximum of four persons to engage in soliciting,
peddling or other sales activity within the Township.
C.
A permit issued under the terms of the article shall be valid for
no longer than 45 days from the date of issue. No more than four permits
per calendar year shall be issued to the same applicant.
[Amended 8-9-2010 by Ord.
No. 2010-6]
A.
Upon receipt of a completed application, the Township Clerk shall
determine whether all requirements of the application have been submitted.
If all required contents of the application have been submitted and
the application fee has been paid, the Clerk will determine, in his/her
discretion, whether to investigate the applicant, the applicant's
business and other matters as the Clerk deems necessary for the protection
of the public with respect to soliciting, peddling and any other sales
activity governed by this article.
B.
If, as a result of such investigation, the applicant and application
are found to be in compliance for purposes of issuing a permit under
the provisions of this article, such approval shall be endorsed on
the application by the Township Clerk. Permits issued shall be subject
to all terms and conditions contained in this article. The Clerk shall
then issue the permit on the prescribed form and forward it to the
applicant.
C.
Upon issuance of a permit, each person actively soliciting, peddling
or engaging in sales activity shall have a copy of the endorsed permit
in their possession and readily available for inspection if requested
to do so by law enforcement, Township enforcement officers, or the
resident.
A.
No solicitor, peddler or transient merchant shall enter a dwelling
or place of business under false pretenses or remain upon the premises
of a private residence or place of business after the owner or occupant
has requested the solicitor, peddler or transient merchant to leave.
B.
No solicitor, peddler or transient merchant shall call upon, without
an appointment, at any dwelling or place of business where the owner
or resident has displayed signage indicating the owner's or resident's
desire not be solicited.
C.
No solicitor, peddler or transient merchant shall, while conducting
their business, obstruct any street, alley, sidewalk or driveway.
