[Adopted 7-1-2002 by Ord. No. 1737]
A. 
Application of section. The provisions of this section shall apply to licenses for peddlers and transient merchants issued under this chapter; provided, however, that if any provision of the section is in conflict with any provision of this chapter relating to a specific activity, the more specific terms shall prevail. This section shall not apply to permits required by Article V and Article VI of this chapter. No person shall engage in the activities regulated by this chapter without first obtaining a license for said activity from the City Clerk.
B. 
Expiration: license year. All annual licenses granted hereunder shall expire upon the 30th day of April following the day of their issuance. A "license year" is defined to be that period from the first day of May in each year to and including the 30th day of April following. For licenses of less than one year, the City Clerk shall designate on the license the time period that the license is in effect.
C. 
Fees, proration. The license fee shall be as set from time to time by the City Commission by motion or resolution. When annual licenses are applied for subsequent to November first of any year, the license fee shall be 1/2 of the annual fee for the balance of the license year. The City Clerk shall collect 1/2 of the license fee when the applicant initially applies. If the application is approved, the remainder of the license fee shall be paid before the license is issued. If the application is rejected, the portion of the fee paid shall be retained by the City of Kalamazoo to cover processing costs.
D. 
List of licenses to be provided to the Kalamazoo Department of Public Safety. The City Clerk shall promptly provide to the Kalamazoo Department of Public Safety a list of all licenses issued under this chapter unless informed otherwise by the Kalamazoo Department of Public Safety.
E. 
Display of license. All persons obtaining any license issued under this chapter shall place the license conspicuously in full public view, in the room or structure in which the licensed occupation or act is being performed, or upon the wagon, motorized vehicle or other type of conveyance used by the licensee in the performance of the licensed occupation or act, or upon the person of the licensee, as directed by the City Clerk.
F. 
License not transferable; suspension and revocation. Any license granted under this chapter shall not be transferable and is subject to suspension and revocation as provided in §§ 25-3 and 25-4.
G. 
Recognized religious or charitable organizations, license not required. A peddler's or transient merchant's license shall not be required for a person representing any recognized religious or charitable organization which has a valid license under the provisions of Act No. 169 of the Public Acts of 1975, MCLA § 400.271 et seq., as amended.
A. 
Application for a peddler's or transient merchant's license shall be made in writing to the City Clerk, who is authorized to create application forms and to receive and process applications and to thereafter grant, deny, suspend or revoke said licenses as set forth in this chapter. Applications shall be on forms supplied by and to be filed with the City Clerk. The application shall be signed and dated by the applicant. The applicant must prove his/her identification by means of a Michigan driver's license or Michigan identification card, or by similar identification from another state, or he/she must otherwise satisfy the City Clerk of his/her identity. The application shall contain the following minimum information, plus any other information deemed necessary by the City Clerk:
(1) 
The name and any alias used, and address and telephone number of the applicant and the supervisor of the applicant if the applicant is working for a firm, association, company or corporation;
(2) 
The area or location where the activity is to be carried on, including storage facilities if applicable, plus any subsidiary offices and a brief description of the items to be sold, and at what times and in what manner;
(3) 
The length of time for which the license is requested;
(4) 
The applicant's criminal record, if any, and if the applicant's employer is furnishing the goods to be sold, the names of the partners, officers or agents of the firm, association, company or corporation that will be engaged in the activity to be licensed or supervising the same;
(5) 
The applicant's prior experience as a peddler or transient merchant;
(6) 
An authorization for the City Clerk and/or the Kalamazoo Department of Public Safety to carry out a background investigation on the applicant and if the applicant's employer is furnishing the goods to be sold, the partners, officers or agents of the firm, association, company or corporation that will be engaged in the activity to be licensed or supervising the same;
(7) 
A statement as to whether the applicant has ever had any licenses required by the City of Kalamazoo or any other governmental entity relating in any manner to the sale of goods revoked, suspended or denied and the reasons for said action.
(8) 
A statement that the information provided is true and accurate and that, if a license is granted, the applicant will abide by all applicable ordinances, statutes, regulations and other applicable laws.
B. 
All licenses are subject to the following conditions, which shall be noted on the application form:
(1) 
The applicant shall permit inspection of the goods to be sold, and in the case of a transient merchant, the place the business is being conducted from, at reasonable times by any representative of the City of Kalamazoo;
(2) 
The applicant shall not engage in the business of a peddler or transient merchant at any time after the license has expired, without having been reissued, or at any time when the license is suspended or revoked;
(3) 
That the applicant shall post the license in a conspicuous location in the place where the business is being conducted, where it shall remain in plain sight at all times that the business is being carried on;
(4) 
No license shall be issued or renewed unless and until the applicant, and if the applicant's employer is furnishing the goods to be sold, the partners, officers or agents of the firm, association, company or corporation that will be engaged in the activity to be licensed or supervising the same, if deemed necessary by the Kalamazoo Department of Public Safety, submit to being fingerprinted and photographed as part of the background investigation.
(5) 
The license is subject to suspension or revocation pursuant to §§ 25-3 and 25-4 of the City Code.
C. 
The City Clerk shall issue a license to the applicant upon payment of the annual or prorated license fee or short term license fee, and if the City Clerk is satisfied that the applicant has met and will continue to meet the requirements of this chapter, and if the City Clerk is satisfied that the applicant's character and business history is satisfactory.
D. 
The City Clerk shall deny an application for a peddler's or transient merchant's license if the applicant or the applicant's employer or supplier has failed to pay real or personal property taxes assessed for which penalties or interest have begun to accrue or failed to pay other debts owing to the City of Kalamazoo. The City Clerk may deny an application if the City Clerk is not satisfied that the applicant has met and will continue to meet the requirements of this chapter, or if the City Clerk is not satisfied that the applicant's character and business history is satisfactory. The City Clerk shall deny an application for a peddler's or transient merchant's license if the applicant, or if the applicant's employer or supplier, or the partners, officers or agents of the firm, association, company or corporation that will be engaged in the activity to be licensed or supervising the same, have been convicted within the last 10 years of any violation of this chapter or Chapter 24 or any similar ordinance in another jurisdiction, or convicted of any crime involving theft, dishonesty, receipt of stolen property or embezzlement within the last 10 years, or convicted of any felony within the last five years. No peddler's license for door to door sales shall be granted to any person who has been convicted of a "listed offense" pursuant to the Sex Offenders Registration Act, MCLA § 28.722(d), as amended.
E. 
If the City Clerk denies the issuance of a license or a renewal thereof, a notice of denial including the reasons for the denial shall be hand delivered to or mailed first class to the applicant. If the application for a license has been denied, the applicant may appeal the denial by requesting a hearing pursuant to § 25-4 or may reapply at any time by submitting a new application and fee. The notice of denial shall provide that the applicant may request a hearing within 10 days to appeal the denial pursuant to § 25-4.
A. 
Any license issued pursuant to this chapter may be suspended by the City Clerk, which shall be deemed a suspension with intent to revoke. The suspension with intent to revoke shall automatically become a revocation of the license unless the licensee requests an appeal by requesting a hearing within 10 days pursuant to § 25-4 of the Kalamazoo City Code. The City Clerk shall issue a notice of suspension with intent to revoke to the licensee, who may not thereafter engage in the activities authorized by the license until the license is reinstated. Such notice shall provide the reasons for the suspension with intent to revoke and shall inform the licensee that the suspension with intent to revoke shall become a revocation of the license unless the licensee requests a hearing within 10 days pursuant to § 25-4 of the Kalamazoo City Code. The notice shall also provide that if the license is revoked and during the period of suspension, that the license holder may not engage in the business authorized by the license until the license is reinstated or reissued. The notice shall also provide that if the license is revoked, that the license may not be reissued or reinstated until a period of one year has expired and the applicant has fulfilled all the requirements of this chapter including the submission of a new application and application fee. The City Clerk is authorized to issue a notice of suspension with intent to revoke if any of the following exist:
(1) 
Violations of the license conditions or any requirements of this chapter, regardless of whether a conviction results;
(2) 
Violations of other applicable federal, state or local laws, ordinances, rules or regulations, regardless of whether a conviction results;
(3) 
Conducting business in a manner as to constitute a breach of the peace, or conducting business while intoxicated or under the influence of a controlled substance;
(4) 
Acts or omissions which are unlawful, fraudulent or deceptive or beyond and contrary to the scope of the license granted, regardless of whether a conviction results;
(5) 
That the licensee is selling or is attempting to sell stolen goods, or food that is not fit for human consumption;
(6) 
That statements made on the application were false and misleading;
(7) 
Failure to pay real or personal property taxes assessed against the licensee or the licensee's employer or supplier for which penalties or interest have begun to accrue or failure to pay other debts owing to the City.
(8) 
That the licensee or any employees, officers, partners or agents of the licensee have been convicted of any crime involving theft, dishonesty, receipt of stolen property or embezzlement within the last 10 years, or convicted of any felony within the last five years. The license shall not be subject to suspension if the conviction of an employee, officer, partner or agent of the licensee for such a crime does not relate to licensee's business, providing the individual is no longer associated with the licensee's business.
B. 
A license which has been suspended pursuant to this section by the City Clerk may subsequently be reinstated by the City Clerk upon a showing to the City Clerk's satisfaction that the problems giving rise to the suspension have been rectified.
C. 
A license which has been revoked pursuant to this chapter may not be reissued or reinstated until a period of one year has expired and the applicant has fulfilled all the requirements of this chapter, including the submission of a new application and application fee.
A. 
If the City Clerk has refused to issue a license or if a license is suspended with intent to revoke under this chapter, the aggrieved person is entitled to a de novo hearing by filing an appeal in writing with the City Manager within 10 days of the action by the City Clerk. The notice of appeal need not be on any particular form. The hearing shall be heard before the City Manager or his/her designate. The hearing shall commence at a time and place to be set by the City Manager's Office, but in any event within 20 days of the filing of the appeal. The City Manager's Office shall provide notice of the hearing to the aggrieved party, the City Clerk and the City Attorney.
B. 
The City of Kalamazoo shall be represented at the hearing by the City Attorney or his/her designate. The aggrieved party may be represented by counsel. The hearing officer shall hear and receive appropriate testimony and material evidence from each party, giving full and fair consideration to all the evidence presented. Both parties shall be entitled to submit evidence, to cross examine witnesses, and to make arguments concerning legal and factual issues. The Michigan Rules of Evidence shall be followed as far as practicable, but the hearing officer may admit and give probative effect to evidence of a type commonly relied upon by reasonably prudent people in the conduct of their affairs, and notice may be taken of facts within the general knowledge of the community. The hearing officer may limit arguments or the examination of witnesses if in the hearing officer's discretion the evidence or argument is irrelevant, repetitive or otherwise improper in the same manner that a judge could. The hearing officer shall ensure that the hearing is recorded unless both parties stipulate otherwise.
C. 
After completion of the hearing, the hearing officer shall issue a written opinion setting forth findings of fact and the decision. If the hearing relates to a suspension with intent to revoke, the decision shall be issued within seven days. If the hearing relates to the failure of the City Clerk to issue a license, the decision shall be issued within 14 days.
D. 
Any party aggrieved by the decision of the hearing officer may file leave to appeal said decision with the Kalamazoo County Circuit Court within 20 days of the decision of the hearing officer.
A. 
Any person, corporation, or member or members of a copartnership or firm or other entity violating any provision of this chapter shall be deemed guilty of a misdemeanor for each and every day such violation exists.
B. 
Prosecutions for violations of this chapter may be commenced by arrest, complaint and warrant, or the issuance of an appearance ticket by an officer of the Kalamazoo Department of Public Safety or other City employee as designated by the City Manager. Further, the City of Kalamazoo may commence an action in Circuit Court for injunctive or other equitable or legal relief to prevent a continuing violation of this Article.
[P&L Code §§ PL1204.10, PL1204.11]
A. 
It shall be unlawful for any peddler, whether licensed or not, to sell or expose for sale, or offer for sale, in any public street or alley or at any place within the limits of the City any stale, rotten, fermented, nauseous or unwholesome vegetables, fruit, berries or any other articles or provisions by them sold, under licenses or otherwise, or any unwholesome bread, cake or other bakery products.
B. 
It shall be the duty of the Chief of Police or the health officer, or such other officer as may be designated by the City Manager, to inspect all articles mentioned in this section, as shall be brought to him for inspection, or to which his attention shall have been called by any person. For the purpose of carrying out the provisions of this section, the Chief of Police, health officer or such other officer as may be designated by the City Manager shall have power, and it shall be his duty, to enter in and upon the premises of any person and detain any and all articles mentioned in this section, found in an unfit condition for sale, and, at the same time, to examine and see to the destruction of the same.