[Adopted 5-20-1974 by Ord. No. 26; amended
in its entirety 4-20-2020]
As used in this article, the following terms shall have the
meanings indicated:
Includes all persons, both principals and agents, who engage
or conduct in this Township, either in one locality or in traveling
from place to place, a temporary or transient business of selling
goods, wares or merchandise with the intention of continuing in said
business, in one place for a period on not more than 21 days, and
who, for the purpose of carrying on such business, use, lease or occupy
either in whole or in part a room, building or other structure for
the exhibition and sale of such goods, wares or merchandise. The provisions
of this article shall apply to sales made to dealers by commercial
travelers or selling agents in the usual course of business, for resale,
and to hawkers on the streets or peddlers from vehicles, and to the
sale of goods, wares or merchandise during the continuance of any
annual fair.
[Amended 12-20-2021]
Nothing in this article shall be construed to prohibit the sale
of goods, wares or merchandise at wholesale to merchants and dealers
or manufacturers in business in the Township; nor to any persons foreclosing
any chattel mortgage when the property is disposed of under the power
of sale contained in such instrument; nor to sales made under order
of any court; nor where the property is already on the assessment
and tax rolls of the Township.
[Amended 12-20-2021]
Every itinerant vendor desiring to do business in the Charter
Township of Blackman shall make an application, in writing, to the
Township Clerk for a license to operate as an itinerant vendor, which
application shall be filed, along with a fee to be determined by resolution
of the Township Board but which shall not be less than $250 with said
Township Clerk at least seven days before such applicant shall be
authorized to begin such business. The application shall contain a
statement under oath, containing all facts relating to the reasons
for and character of the business which the applicant desires to transact,
including a true statement of the names and addresses of the persons,
firms, or corporations from whom the goods, wares or merchandise were
last obtained; the names and addresses of the owners or person or
persons in whose interest such business is conducted; also the places
and dates where said applicant, for the past 18 months, has been engaged
in business, stating the nature and character of said business; and
all details necessary to locate exactly and fully to identify all
goods, wares or merchandise so to be sold, and also the length of
time for which the store or place where said goods, wares or merchandise
are to be sold has been or is to be leased, and the fact that such
store or place of business has been or is to be leased for a period
up to one calendar year shall be in all cases prima facie evidence
that the business is of a temporary or transient character within
the meaning of this article.
[1]
Editor's Note: Former § 55-36, Assessment roll,
was repealed 12-20-2021.
[Amended 12-20-2021]
Upon receipt of such application, the Township Clerk may request
a background check of the applicant or business, prior to issuing
a license. If the Township Clerk’s office denies the license,
the applicant may present their application to the Township Board
for approval.
[1]
Editor's Note: Former § 55-38, Bond requirement,
was repealed 12-20-2021.
[Amended 12-20-2021]
A license fee to be determined by resolution of the Township
Board but no less than $250 for each calendar year or fraction thereof
during which he desires to sell his goods, wares or merchandise shall
be paid by such itinerant vendor prior to the issuance of such license.
No person shall conduct the business of itinerant vendor without
first securing a license for each place of business to be operated,
and no license issued hereunder shall be transferable, nor shall it
be used by any person, firm or corporation other than as named in
the license, and said licensee shall conspicuously display said license
in his place of business so that the same is plainly visible to the
public.
Every itinerant vendor who sells or exhibits for sale at public
or private sale any goods, wares or merchandise without first complying
with the provisions of this article, or who makes any false statement
in his application for his license, or who fails to comply with the
requirements of any provision of this article, and every person, whether
principal or agent, who by circular, handbill, newspaper, or in any
other manner advertises such sale as herein contemplated, before he
has complied with the provisions of this article, shall be guilty
of a violation of this article. Any person who shall violate any of
the provisions of this article shall be deemed guilty of a misdemeanor
and, upon conviction thereof, shall be punished by a fine of not more
than $500 or up to 90 days in jail, or both.
