As used in this chapter, the following terms shall have the meanings
indicated:
PERSON
Includes one or more natural persons, corporations, partnerships,
associations, joint-stock companies and societies and all other entities of
any kind capable of being sued.
SOLICITOR
Includes any person who goes from place to place or house to house
or stands in any public place taking or offering to take orders for goods,
wares or merchandise, except newspapers, milk, meats, fish, fruit and farm
produce, or for services to be performed in the future for making, manufacturing
or repairing any article or thing whatsoever for future delivery.
VENDOR, HAWKER and PEDDLER
Include, except as hereinafter expressly provided, any person, either
principal or agent, who, from any vehicle or boat or on a railroad track or
in any public place or by going from house to house or place of business to
place of business on foot, sells or barters, offers for sale or barter or
carries or exposes for sale or barter any goods, wares or merchandise, except
milk, newspapers, meats, fish, fruits and farm produce.
It shall be unlawful for any person within the Village limits of the
Village of Bellevue to act as a vendor, hawker, peddler or solicitor, as herein
defined, without first having obtained and paid for and having in force and
effect a license therefor.
The license fee shall be as set by resolution of the Village Council
from time to time. There shall be an additional fee as set by resolution of
the Village Council for each duplicate license issued.
Every vehicle used by a licensed vendor, hawker, peddler or solicitor
to conduct his business shall have the name and address of the licensee legibly
printed in a conspicuous place on the outside of every such vehicle.
Village Hall may, for a violation of this chapter, revoke any license
issued hereunder. If a license shall be revoked, no refund of the unearned
portion of the license fee shall be made. Notice of said revocation and the
reason or reasons therefor, in writing, shall be served by Village Hall upon
the person named in the application or by mailing the same to the address
given in the application.
A licensed vendor, hawker, peddler or solicitor shall comply with all
State of Michigan Department of Health rules and regulations concerning maintenance
of vehicles, foodstuffs and edibles in a clean and sanitary condition; shall
behave in an orderly and peaceful manner; shall immediately depart the premises
of a householder, owner or occupant upon being requested to do so; and shall
not engage in any of the following conduct:
A. Falsely or fraudulently misrepresenting the quantity,
character or quality of any article offered for sale nor offer for sale any
unwholesome, tainted or diseased provisions or merchandise.
B. Using the license after its expiration or revocation.
C. Standing or permitting the vehicle used by him to stand
in one place in any public place or street for more than 10 minutes or in
front of any premises for any time if the owner or lessee of the ground floor
thereof objects.
D. Selling any confectionery or ice cream within 250 feet
of any school between the hours of 8:00 a.m. and 4:00 p.m. on school days.
E. Permitting any vehicle used by him to stop or remain
on any crosswalk.
F. Creating or maintaining any booth or stand nor placing
any barrels, boxes, crates or other obstructions upon any street or public
place for the purpose of selling or exposing for sale any goods, wares or
merchandise.
G. Hawking, peddling, vending or soliciting orders for goods,
wares or merchandise door to door before 10:00 a.m. or after sunset.
H. Hawking, peddling, vending or soliciting orders for goods,
wares or merchandise on private property without having obtained the prior
written consent of the owners thereof and having proof of such written consent
available if asked to present it.
I. Remaining stopped or standing at any one place for a
period of time in excess of four hours within a twenty-four-hour period.
All orders taken by licensed solicitors who demand, accept or receive
payment for deposit of money in advance of final delivery shall be in writing,
in duplicate, stating the terms thereof and the amount paid in advance, and
one copy shall be given to the purchaser at the time that the deposit is paid
to the solicitor.
It shall be the duty of Village Hall to keep a record of all the applications
made and of all licenses granted under the provisions of this chapter, which
records shall state the number and date of each license, the name and residence
of the person licensed, the amount of license fee paid and the date of revocation
of all licenses revoked.
A violation of this chapter is a municipal civil infraction. The penalty
for a violation that is a municipal civil infraction shall be a civil fine
in an amount set by resolution of the Village Council from time to time.