[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.
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.
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.
