Peddler, Solicitor
and Transient Merchant Licensing and Control
Ordinance No.
070604
THE
CHARTER TOWNSHIP OF GENOA, LIVINGSTON COUNTY, MICHIGAN, ORDAINS:
ARTICLE I: IN GENERAL
Section 1: Operation or Use of Vehicles and Equipment on Streets and
Other Public Places Between Sunset and Sunrise
No vehicle or other equipment shall be operated, propelled, located, or
otherwise used on the public streets, sidewalks, parks or other public ways
or places between the hours of sunset and sunrise, by any person licensed
under this chapter, for the purpose of carrying on the licensed activity;
provided, however, that the township ordinance enforcement officer may
authorize the use of equipment for street vending within such hours, where
the occasion, location and circumstances are such that there is no danger to
the public or the operator, and on such terms and conditions as the
department finds necessary as to the time, location, equipment, and mode of
operation to protect the public and operator from hazard; and provided
further, that motor vehicles, licensed under the state statutes and meeting
their requirements, may be operated as authorized thereby.
Section 2: Misrepresentations by Solicitors
No person shall, directly or indirectly, solicit contributions for any
purpose, by misrepresentation of his/her name, occupation, financial
condition, social condition or residence, and no persons shall make or
perpetrate any other misstatement, deception, or fraud in connection with
any solicitation of any contribution for any purpose in the Township.
ARTICLE II: HAWKERS AND
PEDDLERS
Section 3: Definition
The term "hawker" or "peddler" as used in this article,
shall be construed to mean any person who travels from house to house or
place to place, or who, on the streets or alleys or open places, or in
public grounds or places, sells or offers for sale, or exposes for sale, any
goods, wares or merchandise to any person not a dealer therein, or who takes
orders for the purchase of goods, wares or merchandise by samples, lists, or
catalog, or subscription for magazines and books from any person not a
dealer therein.
The term “hawker” or “peddler,” as used in this article, shall not
be applicable to any party selling the products of his/her own farm, orchard
or garden.
Section 4: License Required
No person shall follow the business or occupation of a hawker or peddler
within the limits of the Township, unless he/she shall have obtained a
license in accord with this division. No person shall act as a helper or
assistant to a licensed peddler, unless he/she has a helper’s license.
Section 5: Application
Any person desirous of obtaining a license as a hawker or peddler shall
apply to the Township Clerk, upon proper blanks to be furnished by the Clerk
and signed by such applicant, and stating in what manner he/she intends to
travel and trade or to conduct business, his/her address, physical
description and the name and class of the license desired and a true
photograph of the applicant.
Section 6: Fee, Prescribed
Fees for licenses issued under this article shall be assessed and paid for,
at the time the application is filed, as follows:
a license fee of $100.00 per applicant plus $20.00 per agent, helper,
or employee.
Section 7: Issuance
The Township Clerk is authorized to issue licenses to those who have
complied with the provisions of this division, unless otherwise directed by
the Township Board.
Section 8: Contents; to be Carried by Licensee
Each license granted under this division shall be in such form as to contain
a true photograph of the licensee, address, and physical description, and
the name of the class of his/her license paid for. All licensees shall carry
with them, at all times while peddling, the license herein described.
Section 9: Alteration Prohibited
No licensee under this division shall alter, remove or obliterate any entry
made on his/her license.
Section 10: Expiration
All licenses issued under the provisions of this division shall expire on
the thirty-first day of December each year, unless a prior date is fixed
therein.
Section 11: Suspension or Revocation
The Township Clerk shall have the power to suspend any license issued under
this division for violation of a Township ordinance or any condition or
regulation under which the license was granted, or for undesirable business
practices.
The Township Clerk shall report all suspensions to the Township Board, which
may, for cause shown, revoke or reinstate the license after giving the
licensee reasonable notice and an opportunity to be heard. No person whose
license has been revoked shall receive another license for a period of one
year thereafter. In the event of revocation, the license fee shall not be
refunded.
Section 12: Records to be Kept
A full, complete record of each license issued under this division,
including renewals, suspensions, or revocation thereof, and serious
complaints and charges against the licensee, together with his/her
photograph, shall be kept on file by the Township Clerk.
ARTICLE III: TRANSIENT
MERCHANTS
Division 1: Generally
Section 13: Definition
The term "transient merchant," as used in this article, shall be
construed to mean and to include all persons, associations, firms, and
corporations, and their agents, servants, and employees, who engage
temporarily in a retail sale of goods, wares or merchandise within the
limits of the Township and, specifically, such terms shall include the
taking and sale of photographs at retail. The transaction of such business
by any person for a period of time of less than part of two separate days of
each week for six consecutive months shall be prima facie evidence
that such person was or is a transient merchant within the meaning of this
article.
Section 14: Association With Local Merchant Does Not Exempt Transient
Merchant From Article
No transient merchant shall be exempt from the provisions of this article by
reason of associating him/herself temporarily with any merchant,
tradesperson, or other person doing business permanently within the
Township, or by conducting his/her business in connection with or as a part
of the business of, or in the name of, any merchant, tradesperson or other
person doing business permanently in the Township.
Division 2: License
Section 15: Required
No person, either as a principal or an agent, shall engage in business as a
transient merchant within the limits of the Township without having first
obtained a license in the manner provided in this division. All agents and
employees must obtain separate licenses.
Section 16: Application
Any person desiring to engage in business as a transient merchant within the
limits of the Township shall make and file, with the Township Clerk, a
written application for a license to engage in business as a transient
merchant. Such application shall be signed by and sworn to by the applicant
and shall state his/her full name, his/her physical description, his/her
local and permanent business addresses and his/her local and permanent
residential addresses.
Such application shall also list the names of the last five cities in which
the applicant has worked and shall further state the nature of the business
proposed to be conducted within the limits of the Township. Such
application shall further state the name and address of the owner of such
business.
Section 17: Applicant to Furnish Photographs and Fingerprints
At the time of filing an application for a license under this division, the
applicant shall furnish the Township with two photographs of him/herself and
two complete sets of his/her fingerprints upon forms to be provided by the
Township Clerk.
Section 18: Applicant to Appoint Township Clerk as Agent for Service of
Process
At the time of filing an application for a license under this division, the
applicant shall cause to be filed with the Township Clerk a power of
attorney appointing the Township Clerk the agent of the applicant and of the
applicant’s principal, if such applicant is acting as the agent of another
person, upon whom service of process may be made in any suit commenced
against the applicant of his/her principal.
Section 19: Applicant’s Bond or Cash Deposit
A. At the time of filing an application for a license under this division,
the applicant shall deposit with the Township Clerk the sum of $250.00 as a
cash bond, or shall file a surety company bond in a like amount. Such cash
bond or surety bond shall be conditioned for the faithful performance of
his/her promises and contracts made during his/her course of business as a
transient merchant within the Township and for compliance with all
ordinances of the Township.
Such bond shall be further conditioned that any person injured by the breach
of any obligation that the bond is given to secure may sue upon such bond in
his/her own name in any court of competent jurisdiction to recover any
damages such person may have sustained by such breach. Such bond shall be
for a term of not less than six months.
B. Deposits of money or bonds made with the Township Clerk as required by
the provisions of this section shall be subject to the claims of creditors
in all cases where a judgment has been obtained against such transient
merchant and the date for the appeal of such judgment has expired. In such
cases, garnishment proceedings may be commenced against the Township Clerk.
It shall be the duty of the Township Clerk to remit to any court any balance
of such cash deposit remaining in his/her hands not exceeding the amount of
the judgment for the purpose of satisfying the same. Any balance of such
cash deposit remaining in the hands of the Township Clerk for a period of
six months after the expiration of the license shall be remitted to the
transient merchant.
C. Any license issued under the provisions of this division shall expire and
be void as soon as the amount of the bond filed with the Township Clerk
shall have been diminished or used in whole or in part because of suits as
provided for in subsection B.
Section 20: Fee
A. Fees for licenses issued
under this article shall be assessed and paid for, at the time the
application is filed, as follows: a
license fee of $100.00 per applicant plus $20.00 per agent, helper, or
employee.
B. No license fee shall be required under this section from any person
exempt from such fee by state or federal law, but such person shall be
issued a license without charge and shall comply with all other provisions
of this article.
Section 21: Issuance
Whenever the Township Clerk receives information from any source indicating
that the applicant has violated any law or ordinance of any state or
municipality, or whenever the Township Clerk shall receive information from
any source derogatory of the applicant’s character or honesty, the
Township Clerk shall refer the
application
to the Township Board, which shall determine whether the license shall be
granted. If the circumstances do not require the Township Clerk to refer
such application to the Township Board, the Township Clerk shall issue the
license.
Section 22: Contents; To Be Carried by Licensee
All licenses granted under this division shall be in such form as to contain
a true photograph of the licensee, his/her name, address, physical
description, and the period of time for which the license is issued. All
licensees shall carry with them at all times the license herein described.
Section 23: Alteration Prohibited
No licensee under this division shall alter, remove or obliterate any entry
made on such license.
Section 24: Expiration and Renewal
All licenses issued under the provisions of this division shall expire six
months from and after the date of issue and all licenses must thereafter be
renewed by compliance with the revisions of this article.
Section 25: Revocation; Suspension
The Township Clerk shall have the power to suspend any license issued under
this division for violation of a Township ordinance or any condition or
regulation under which the license was granted, or for undesirable business
practices.
The Township Clerk shall report all suspensions to the Township Board, which
may, for cause shown, revoke or reinstate the license after giving the
licensee reasonable notice and an opportunity to be heard.
No person whose license has been revoked shall receive another license for a
period of one year thereafter. In the event of revocation, the license fee
shall not be refunded.
Section 26: Records to Be Kept
A full, complete record of each license issued under this division,
including renewals or revocations thereof, and serious complaints and
charges against the licensee, together with his/her photographs and
fingerprints, shall be kept on file by the Township Clerk.
ARTICLE IV: CHARITABLE AND
RELIGIOUS SOLICITATIONS
Division 1: Generally
Section 27: Definitions
For the purpose of this article, the following definitions shall apply,
unless a different meaning is clearly indicated by the context:
"Charitable" shall mean and include the words patriotic,
philanthropic, social service, welfare, benevolent, educational, civic or
fraternal, either actual or purported.
"Contribution" shall mean and include the words alms, food,
clothing, money, subscription, property or donations under the guise of a
loan of money or property.
"Person"
shall mean any individual firm, co-partnership, corporation, company,
association or joint stock association, church, religious sect, religious
denomination, society, organization or league, and includes any trustee,
receiver, assignee, agent, or other similar representative thereof.
"Promoter" shall mean any person who promotes, manages,
supervises, organizes, or attempts to promote, manage, supervise, or
organize a campaign of solicitation.
As used in this article, the words "religious" and
"religion" shall not mean and include the word
"charitable" as herein defined, but shall be given their commonly
accepted definitions.
The terms "solicit" and "solicitation" shall mean the
request, directly or indirectly, of money, credit, property, financial
assistance, or other thing of value on the plea or representation that such
money, credit, property, financial assistance, or other thing of value will
be used for a charitable or religious purpose by means of going from door to
door.
Section 28: Solicitor’s Credentials
All persons to whom permits have been issued under this article shall
furnish proper credentials to their solicitors for such solicitation.
Such credentials shall include the name of the permit holder, the date, a
statement describing the holder’s charitable or religious activity, a
description of the purpose of the solicitation, the signature of the permit
holder or of the holder’s chief executive officer, and the name, address,
age, sex and signature of the solicitor to whom such credentials are issued
and the specific period of time during which the solicitor is authorized to
solicit on behalf of the permit holder.
A copy of such credentials must be filed with the Township Clerk at the time
the application for a permit is filed under this article and must be
approved by him/her as conforming to the requirements of this section.
No person shall solicit under any permit granted under this article, unless
he/she has such credentials in his/her immediate possession, and the same
shall be shown upon the request of any person solicited or any police
officer of the Township.
Section 29: Records of Donations and Disbursements
No person shall solicit any contributions for any charitable or religious
purpose for which a permit is required by this article, without maintaining
a system of accounting whereby all donations and all disbursements are
entered upon the books or records of such person’s Treasurer or other
financial officer.
Division 2: Permit
Section 30: Required; Exceptions
It shall be unlawful for any person, or for any agent, member, or
representative thereof, directly or indirectly to solicit money, donations
of money, property or financial assistance of any kind, or sell or offer to
sell any article, tag, service, emblem, publication, ticket, advertisement,
subscription, or anything of value, on the plea or the representation that
such sale or solicitation, or the proceeds or any part thereof, is for a
charitable or religious purpose, on the streets, in any office or business
building, by house to house canvass, or in any other public or private place
or personal solicitation unless such person shall have a permit issued in
accord with this division.
The provisions of this section shall not apply to any established society,
association or corporation that is organized and operated exclusively for
religious, philanthropic, benevolent, fraternal, charitable or reformatory
purposes, and not operated for pecuniary profit, where no part of the net
earnings of which benefits any person, private shareholder or individual,
and where the solicitation of such organization is conducted among the
members thereof by other members or officers thereof, voluntarily and
without remuneration for such solicitation, or where such solicitation is in
the form of collection or contributions at the regular exercises or services
of any church, religious society, lodge, benevolent order of fraternity or
similar organizations, or of any branch thereof.
Section 31: Application Generally
A. An application for a permit required by this division shall be made to
the Township Clerk upon forms provided by the Township. Such application
shall contain the following information or, in lieu thereof, a detailed
statement of the reason or reasons why such information cannot be furnished:
The name, address or headquarters of the person applying for the permit.
2. If the applicant is not an individual, the names and addresses of the
applicant’s principal officers and managers and a copy of the resolution,
if any, authorizing such solicitation, certified to as a true and correct
copy of the original by the officer having charge of the applicant’s
records.
3. The purpose and use for which such solicitation is to be made.
4. The name and address of the person who will be in direct charge of
conducting the solicitation, and the names of all promoters connected or to
be connected with the proposed solicitation.
5. An outline of the method or methods to be used in conducting the
solicitation.
6. The time when such solicitation shall be made, giving the preferred dates
for the beginning and ending of such solicitation.
7. The amount of any wages, fees, commissions, expenses or emoluments to be
expended or paid to any person in connection with such solicitation, and the
names and addresses of all such persons.
8. A statement that the actual cost of the solicitation will not exceed 25%
of the total amount to be raised.
9. A statement to the effect that, if a permit is granted, it will not be
used or represented in any way as an endorsement by the Township or by any
department or officer thereof.
10. Such other information as may be reasonably required by the Township in
order for the Township to determine the kind and character of the proposed
solicitation and whether such solicitation is in the interest of and not
inimical to the public welfare.
B. If, while any application is pending, or during the term of any permit
granted thereon, there is any change in fact, policy or method that would
alter the information given in the application, the applicant shall notify
the Township Clerk in writing thereof within twenty-four (24) hours after
such change.
C. No person shall, directly or indirectly, make or perpetrate any
misstatement, deception, or fraud in connection with any application or
report filed under this section.
Section 32: Investigation of Application and Applicant
A. The Township Clerk shall examine all applications filed under this
division and shall make or cause to be made such further investigation of
the application and the applicant as the Township Clerk shall deem
necessary.
B. The Township Clerk shall not issue a permit required by this division,
unless he/she finds:
1. That all of the statements made in the application are true.
2. That the applicant has a good character and reputation for honesty and
integrity, or, if the applicant is not an individual person, that every
member or co-partner, managing officer or agent of the applicant has a good
character and reputation for honesty and integrity.
3. That the control and supervision of the solicitation will be under
responsible and reliable persons.
4. That the applicant has not engaged in any fraudulent transaction or
enterprise.
5. That the solicitation will not be a fraud on the public.
6. That the solicitation is prompted solely by a desire to finance the
charitable or religious cause described in the application and will not be
conducted primarily for private profit.
7. That the cost of raising the funds will be reasonable. Any such cost in
excess of 25% of the amount collected shall be considered to be unreasonable
unless special facts are presented showing that peculiar reasons make a cost
higher than 25% reasonable in the particular case.
Section 33: Issuance
A permit required by this division shall be issued by the Township Clerk,
when all of the provisions of this division have been complied with and when
such issuance has been approved by the Township Clerk; provided that such
permit shall not be issued until the credentials of the applicant’s
solicitors have been approved.
Section 34: Contents; Duration
Permits issued under this article shall bear the name and address of the
person by whom the solicitation is to be made, the number of the permit, the
date issued, the dates within which the permit holder may solicit, and a
statement that the permit does not constitute an endorsement by the Township
or by any of its departments, officers or employees of the purpose or of the
person conducting the solicitation.
All permits must be signed by the Township Clerk. No permit may grant the
right to solicit longer than 90 days from its date, but the Township Clerk
may extend any permit for not more than 90 additional days, upon ashowing
that unnecessary hardship would be created by a failure to so extend the
original 90-day period, and upon approval of such extension by the Township
Board.
Section 35: Copy to Be Carried by Solicitors and Displayed Upon Request
No person shall solicit under a permit issued pursuant to this division,
unless he/she has in his/her immediate possession, a facsimile copy of such
permit, which copy must be shown upon the request of any person solicited or
any police officer of the Township.
Section 36: Nontransferable; Return Upon Expiration
Any permit issued under this division shall be nontransferable and shall be
returned to the Township Clerk within two days after its date of expiration,
together with all facsimile copies thereof.
Section 37: Suspension and Revocation
Whenever it shall be shown or whenever the Township Clerk has knowledge that
any person to whom a permit has been issued under this division has violated
any of the provisions of this article or has misrepresented the purpose of
the solicitation, the Township Clerk may revoke the license by mailing a
notice of revocation by certified mail to the licensee. The licensee shall
have the right to appeal to the Township Board at their next regular
meeting.
ARTICLE V: PENALTY SECTION
Section 38: Effect of Ordinance; Severability
If any part or parts of this ordinance are for any reason held to be invalid
or unconstitutional, such decision shall not affect the validity or
constitutionality of the remaining portions of this ordinance. The Township
Board hereby declares that it would have passed this ordinance and each part
or parts thereof, irrespective of the fact that any one part or parts be
declared invalid or unconstitutional.
Section 39: Penalties
In addition to the other penalties provided, any person, firm, or
corporation violating any of the provisions of this ordinance shall be
deemed a civil infraction and each such person shall be deemed guilty of a
separate offense for each occurrence thereof and upon a determination of
responsibility shall be punishable by a fine of not more than $500.00.
Section 40: Effective Date and Repeal of Conflicting Ordinances
This ordinance shall take effect on the date of publication. All ordinances
or parts of ordinances in conflict herewith are hereby repealed.
Adopted
June 4, 2007
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