[HISTORY: Adopted by the Village Council of the Village of
Spring Lake 11-5-1990 by Ord. No. 196 (Ch. 54 of the 2000 Code
of Ordinances). Amendments noted where applicable.]
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Being open for and/or ready to do business as well as the
occurrence of any monetary or barter transaction.
Any peddler utilizing a motor vehicle, cart or other device
in excess of 42 inches and/or 72 inches long.
Any person who goes about from place to place, traveling
by foot, motor vehicle or any other type of conveyance, selling or
offering for sale any goods, wares or merchandise, including, without
limiting the generality of the foregoing, any person selling or offering
for sale by sample, catalog, list or otherwise any magazine or any
other publication or any goods, wares or merchandise. The term "peddler"
includes any person selling or offering for sale any goods, wares
or merchandise from a trailer, temporary shelter, or temporary location.
Any peddler utilizing a motor vehicle, cart or other device
not in excess of 42 inches and/or 72 inches long.
Any motor vehicle, cart or other device including other types
of conveyance, signboards, etc., whose chief purpose of the housing,
display for sales of any goods, wares, or merchandise.
Any person who violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of this chapter shall be responsible for a municipal civil infraction, subject to § 1-2. Increased civil fines may be imposed for “repeated violations,” which means a second or subsequent municipal civil infraction violation committed by a person within any twelve-month period and for which a person admits responsibility or is determined to be responsible. The increased civil fine for repeat violations is set forth in § 1-2.
Persons engaging in business as a peddler on behalf of a religious,
charitable or noncommercial corporation, organization or enterprise
shall not be required to obtain a license and shall be completely
exempt from the terms and provisions of this chapter. This exemption
shall include persons engaging in business as a peddler whose services
have been contracted for by a religious, charitable or noncommercial
corporation, organization or enterprise in connection with a festival
or similar activity. The term "noncommercial" means that such corporation,
organization or enterprise is exempt from income taxation pursuant
to Section 501(c)(3) of the Internal Revenue Code. In addition, any
person engaging in business as a peddler selling the individual's
own work or production shall not be required to obtain a license and
shall be completely exempt from the terms and provisions of this chapter.
No peddler shall have any exclusive right to any location in
the public streets or other public areas. It shall be unlawful for
any peddler to operate in a congested area where the peddler's operations
might impede pedestrian or vehicle traffic or inconvenience the public.
No peddler shall engage in any business, or make any call for
business purposes, before the hour of 9:00 a.m. or after 9:00 p.m.
No peddler shall conduct business in a congested area. No peddler
shall occupy a station or a location on a public street, sidewalk,
parkway, park, parking lot, or any other public property which is
used by pedestrians or persons operating motor vehicles. A peddler
shall be presumed to have occupied a stationary location if the individual
has conducted business in any such public place for a period in excess
of 10 minutes.
A.
It shall be unlawful for any licensee or any person on the licensee's
behalf to shout, cry, blow a horn, ring a bell, or use any sound device
including loud speakers or sound amplifiers, on any of the streets,
alleys, parks, or other public places of the Village, or upon any
private premises, for the purposes of attracting attention to any
goods, wares or merchandise which the licensee proposes to sell.
B.
It shall be unlawful for any licensee or any person on the licensee's
behalf to use or employ any flashing lights on any vehicle or any
other device for the purpose of attracting attention to any goods,
wares or merchandise which the licensee proposes to sell.
It shall be unlawful for any person to engage in business as
a peddler without first having obtained a license from the Village
Clerk/Treasurer.
[Amended 8-16-2021 by Ord. No. 371]
Application for license pursuant to this article shall be filed
with the Village Clerk/Treasurer in the form and manner required by
the Clerk/Treasurer. Such application shall contain, as a minimum,
the following information:
A.
The name and a physical description of the applicant;
B.
The address (permanent and/or temporary) of the applicant;
C.
A brief description of the nature of the business and the goods or
other items to be sold;
D.
If the applicant is employed, the name and address of the applicant's
employer, together with credentials establishing such relationship;
E.
The length of time for which a license is desired;
F.
If a vehicle, vehicle trailer, temporary shelter or temporary location
is to be used, a description, together with the license number and
other information that may be required;
G.
A copy of the applicant's driver's license, state-issued
identification card or passport. If the applicant does not have either
of these identification cards, then a photograph of the applicant
shall be provided, taken within 60 days immediately prior to the date
of filing such application, which photograph shall be two inches by
two inches and shall show the head and shoulders of the applicant
in a clear and distinguishing manner;
H.
The fingerprints of the applicant;
I.
A statement as to whether the applicant has ever been convicted of
any crime, misdemeanor or violation of any ordinance, and if so, the
nature of the offense; and
J.
A waiver signed by the applicant granting officials of the Village
authority to verify the information provided by the applicant regarding
the applicant's criminal history.
[Amended 8-16-2021 by Ord. No. 371]
A.
The Village Clerk/Treasurer shall forward the application to the
Ottawa County Sheriff's Department who shall cause an investigation
to be made of the applicant's character and business responsibility.
After such investigation is completed, the Ottawa County Sheriff's
Department shall endorse upon such application the recommendation
for approval or disapproval and forward the application to the Village
Manager. If the Ottawa County Sheriff's Department recommends
disapproval of such application, the Ottawa County Sheriff's
Department shall provide the Village Manager with a statement of reasons
for such recommendation of disapproval.
B.
If the Village Manager shall be satisfied that the applicant complies with the provisions of this chapter and all other pertinent ordinances of the Village and the results of the investigation by the Ottawa County Sheriff's Department indicate that the moral character and business responsibility of the applicant justifies the granting of such license and that any proposed location is compatible with surrounding land uses, the Village Manager shall return the application for license to the Village Clerk/Treasurer with instructions that a license be issued. On receipt of such instructions and upon payment of the fee required in § 256-11, the Village Clerk/Treasurer shall issue the applicant a peddler's license.
C.
If the Village Manager is not satisfied that the applicant complies
with the provisions of this chapter and all other pertinent ordinances
of the Village or if the results of the investigation by the Ottawa
County Sheriff's Department do not indicate moral character or
business responsibility which justifies the granting of such license
or if the proposed location is not compatible with surrounding land
use, the Village Manager shall deny the license and give notice of
such denial to the applicant with a copy to the Ottawa County Sheriff's
Department specifying the cause of such denial.
Before any license shall be issued pursuant to this article,
the applicant shall pay a fee as established by Village Council resolution.
The license fee provided in this article for an annual license shall
be the same whether for a full year or only a portion of a year.
Licenses may be issued under this article for a specified term
not to exceed one year.
Each peddler licensed pursuant to this article shall conspicuously
and prominently display the license granted to the peddler when the
peddler is engaged in the business of peddling.
No license issued under the provisions of this article shall
be transferable or assignable. No license granted under the provisions
of this article shall be used at any time by any person other than
the original licensee.
A.
A license may be revoked by the Village Manager for any of the following
causes:
(1)
Fraud, misrepresentation or false statement contained in the application;
(2)
Fraud, misrepresentation or false statement made when engaging in
business as a peddler;
(3)
Any violation of this chapter or of any other ordinance of the Village;
(4)
Conviction of any crime or misdemeanor involving moral turpitude;
or
(5)
Conducting the business of peddling in an unlawful manner or in such
a manner as to constitute a menace to the health, safety or general
welfare of the public.
B.
Whenever the Village Manager shall revoke any license, a notice specifying
the cause of such revocation shall be given to the peddler.
Any person believing they have been aggrieved by the Village
Manager in the denial or revocation of a license may, within 10 days
after receipt of notice of denial or revocation, file a written request
for a hearing with the Village Clerk/Treasurer. The Village Council
shall then set a time and place for a hearing, and notice shall be
given to the appellant. Upon such hearing, the Village Council shall
determine whether the license should be denied or revoked; and such
determination shall be final and conclusive.
