[HISTORY: Adopted by the City Council of the City of Roseville as indicated in article histories. Amendments noted where applicable.]
Fees — See Ch. 133.
Article I Temporary Open-Air Sales
[Adopted 2-28-1984 by Ord. No. 895 as § 187-4E of Ch. 187 of the 1984 Code; amended 4-11-1989 by Ord. No. 991]
[Amended 10-14-2003 by Ord. No. 1182]
A temporary open-air retail sale is the displaying and/or selling by the licensee, his or her agent, servant or employee of any merchandise or services of any nature or kind, during a period of less than 90 continuous days, from the parking area or any other area not within the enclosed building located on the business premises of the licensee. A temporary open-air retail sale shall not constitute events performed by local charitable, civic or educational groups with the purpose of fund-raising for those local charitable, civic or educational groups.
[Amended 10-14-2003 by Ord. No. 1182]
Any licensee under this article or other ordinances of this City must obtain a permit from the Roseville Department of Buildings and Inspection to conduct any temporary open-air retail sales of merchandise or services at the licensee's business premises by submitting an application and site plan with a nonrefundable application fee as provided in Chapter 133, Fees, to the Department of Buildings and Inspection.
The application and site plan shall be submitted not less than 10 days prior to the first day of the proposed sale, and the proposed licensee shall be subject to and comply with the following conditions.
A statement of the nature, character and quality of the goods, wares, merchandise or services to be sold or offered for sale by the licensee at said temporary open-air retail sale; the proposed dates for the sale; the State of Michigan sales tax number of the licensee; and the invoice value and quality of such goods, wares, merchandise or services, whether the same are proposed to be from stock in possession and by sample, at auction, by direct sale or by direct sale by taking orders for future delivery, shall be set forth.
A brief statement of the nature and character of the advertising done or proposed to be done in order to attract customers shall be set forth, and if required by the Department of Buildings and Inspection, copies of all advertising, whether by handbills, circulars, newspaper advertising or otherwise, shall be attached to said application exhibits thereto.
An application shall be filed on a form specified by the Department of Buildings and Inspection, accompanied by a site plan drawn to scale and setting forth the size and dimensions of the common parking area and routes of ingress and egress for said business premises, the size and dimensions of the area or areas to be used for said open-air retail sales, the size and dimensions of the area to be used for off-street parking and ingress and egress for said temporary open-air retail sales and the size and dimensions and locations of signs, if any, to be used to advertise said sales. Said proposed temporary open-air retail sales use as set forth in the site plan must conform with all provisions of Roseville Zoning Ordinance and any other applicable City ordinances.
Written verification of ownership of the subject property of the site plan shall be provided.
[Amended 7-27-1999 by Ord. No. 1125]
Written permission of the property owner shall be furnished to the Department of Buildings and Inspection.
The proposed use shall be compatible with and shall not conflict with principal activities conducted on the site or upon any adjacent site.
The hours of operation shall be limited to specified hours which are consistent with the nature of the use and compatible with other activities on the site and adjacent parcels.
The period of operation of the proposed use shall be limited to dates specified in the application, which shall not exceed three days.
All sanitary service, electrical lines and all other operations shall comply with all applicable City codes, ordinances and regulations and other applicable statutes, rules or regulations of any governmental body having jurisdiction over the activity, and any permits required shall be obtained by the applicant. The proposed use shall comply with any other applicable written standards established and promulgated by the city. The Building Director may forward the application to various City departments to determine compliance with applicable City codes, regulations and standards.
Any temporary structures shall be erected in a safe manner in accordance with any applicable City codes, ordinances or standards.
The property shall be maintained in a neat and orderly condition and cleaned immediately after the close of each business day.
Final cleanup shall be the responsibility of the applicant and shall be assured by the posting of a cash deposit or irrevocable letter of credit in an amount determined by the Building Director to ensure performance of cleanup within 48 hours of termination of the temporary use.
The applicant shall provide proof of liability insurance in an amount no less than $300,000, with the City as an additional insured, along with a hold harmless agreement in favor of the City of Roseville in a form satisfactory to the city.
Signage for the temporary use shall be limited to 32 square feet and shall be set back not less than 12 feet from the right-of-way.
There shall be no existing violations of any applicable City code on the proposed site nor any past complaint filed for violation of any codes, conditions or restrictions placed upon the use if such use was previously approved by the City for the applicant for the subject site. The issuance of prior complaints shall be a basis for denial or administrative approval of a temporary use.
The use shall not be of such a scope, nature or size or shall not have any unusual or peculiar characteristics that necessitate special safety considerations or sanitary considerations, require special crowd control measures or involve hazardous material.
Applications for any variance of these regulations or an appeal by any person aggrieved by the decision of the Department of Buildings and Inspection regarding an application for a permit shall be made pursuant to the appeal process provided for in Chapter 187, Licensing, § 187-12B(7) of the Code, and any variance or reversal of a decision of the Department of Buildings and Inspection shall be granted upon a showing that a strict application of the regulations or the decision of the Department of Buildings and Inspection would result in peculiar or exceptional practical difficulties to or exceptional undue hardship upon the applicant, provided that such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this article. In granting a variance, the appeal board or the City Council may attach thereto such conditions regarding the location, character and other features of the proposed temporary use as it may deem reasonable in furtherance of the purpose of this article.
The Roseville Chief of Police, or representative, in addition to and not in lieu of any other penalties provided for violation of any City ordinances, may revoke any permit already issued for the operation of temporary open-air retail sales upon proof submitted of the violation of any provisions of this article regulating temporary open-air retail sales.
The Roseville Chief of Police, or representative, shall close down the operation of any temporary open-air retail sale upon the revocation of the permit to operate and may impound, as evidence, any merchandise, vehicles, signs or other apparatus used in connection with the temporary open-air retail sales; provided, however, that said evidence may not be impounded unless a violator is given an opportunity for trial on the violation charges before the 39th Judicial District Court within 10 business days of the date any evidence is impounded for any violation.