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Chapter 50 LICENSES*
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*Cross reference(s)--Movers license, § 10-221; business license for collection and
disposal of solid waste, § 70-81 et seq.; taxicab vehicle license, § 102-56 et seq.; horse-
drawn vehicle for hire licenses, § 102-161 et seq.
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ARTICLE I. IN GENERAL
Sec. 50-1. Definitions.
The following words, terms and phrases when used in this chapter, shall have
the meanings ascribed to them in this section, except where the context clearly indicates
a different meaning:
Business activity means any action acts of buying, selling, leasing, renting, or
otherwise marketing, any goods, services, merchandise or commodities of any kind or
description, whether or not conducted from a business establishment.
Business establishment means any lot, building or structure, or a part thereof,
including, without limitation, leased or occupied space in a mall, store or building,
permanently located within the corporate limits of the city, from which a person engages
in or causes to be engaged in any act or acts of buying, selling, leasing, renting, or
otherwise disposing of, performing or marketing, any goods, services, merchandise or
commodities of any kind or description.
(Ord. No. 1166, § 1(5-2), 8-11-1998)
Cross reference(s)--Definitions generally, § 1-2.
Sec. 50-2. Penalties and remedies.
Any person violating any of the provisions of this chapter shall be responsible for
a civil infraction. Each day on which any violation of this chapter shall continue shall
constitute a separate offense. The city may utilize injunctive remedies to prevent further
violations of this chapter and to require compliance with this chapter.
(Ord. No. 1166, § 1(5-17, 5-18), 8-11-1998)
Sec. 50-3. Provisions complementary and supplemental.
The provisions of this chapter, together with other relevant provisions of any
other ordinance, or provisions authorized or required by state or federal law relative to
business establishments or activity as defined in this chapter, shall be construed to be
complementary and supplemental and, unless otherwise prescribed or inconsistent
herewith, shall constitute a part of the regulations and conditions of certificates of
registration under this chapter.
(Ord. No. 1166, § 1(5-1.2), 8-11-1998)
Sec. 50-4. Moral character.
(a) In this chapter the phrase "good moral character" shall be construed to mean the
propensity of the person to serve the public in the licensed area in a fair, honest
and open manner.
(b) A judgment of guilt is a criminal prosecution or a judgment in a civil action shall
not be used in and of itself as proof of a person's lack of good moral character. It
may be used as evidence in the determination and when so used the person
shall be notified and shall be permitted to rebut the evidence by showing that:
(1) At the current time he has the ability to, and is likely to, serve the public in
a fair, honest and open manner; and
(2) Such person is rehabilitated, or that the substance of the former offense
is not reasonable related to the occupation or profession for which he
seeks a license or permit.
State law reference(s)--Moral character, MCL 338.41 et seq.
Secs. 50-5--50-30. Reserved.
ARTICLE II. REGISTRATION
Sec. 50-31. Purpose.
This chapter, concerning the registration of businesses in the city, is enacted to
protect the health, safety and welfare of persons in the city by providing the city with the
information necessary to ensure compliance with safety, structure and fire laws, identify
business activities and establishments which affect or involve matters related to traffic,
congestion, occupancy and density of occupancy, the presence, storage and handling of
hazardous materials, the physical condition of places where persons are employed or
carry on trade, and the enforcement of the law, including local, state and federal laws,
rules and regulations, applying to the business activities and establishments located in
the city.
(Ord. No. 1166, § 1(5-1.1), 8-11-1998)
Sec. 50-32. Required.
No person shall operate or conduct, maintain or manage any business
establishment, or carry on business activity within the corporate limits of the city without
first obtaining a certificate of registration in the manner provided in this chapter. Any
person licensed under a similar previous ordinance on the effective date of Ordinance
No. 1166 shall be deemed registered hereunder for the balance of the current license
year designated in this chapter. Persons with valid licenses for taxicabs, taxi driver's
permit, or horse drawn vehicles shall not be required to register under this chapter.
(Ord. No. 1166, § 1(5-3), 8-11-1998)
Sec. 50-33. Application procedure.
An applicant for a certificate of registration shall make application to the city clerk
on a form prescribed by the city clerk, which shall contain at least the following
information:
(1) The full names, business addresses and residence addresses of the
owners, proprietors, officers and local addresses of all owners,
proprietors and officers and managers of the applicant's business; the
names and addresses of each officer, if the applicant is a corporation; the
names and addresses of all partners, if a partnership; and members, if a
limited liability corporation.
(2) The nature and character of the business which is conducted at the
business establishment.
(3) A list of all assumed, trade or firm names under which the registered
applicant intends to do business.
(4) The location or locations of the business establishment and the location
of all personal property utilized in the conduct of the business.
(5) The name, telephone number and address of the person to notify in the
event of an emergency.
(6) Each application shall have attached a current fire safety audit worksheet
or a document substituted by the city containing the same information.
This form must be approved and signed by the personnel from the city fire
department's fire prevention bureau, or successor division or bureau.
(Ord. No. 1166, § 1(5-15), 8-11-1998)
Sec. 50-34. Terms.
Each certificate of registration issued pursuant to this chapter shall be of a
duration not to exceed one year and shall terminate on May 1, following issuance
thereof.
(Ord. No. 1166, § 1(5-4), 8-11-1998)
Sec. 50-35. Renewal.
(a) Any certificate of registration issued under this chapter must be renewed in the
manner set forth in this article on or before May 1 of each year of existence of the
business establishment or activity.
(b) Applications for renewal of a certificate of registration shall be filed, considered
and issued in the same manner as an original application.
(Ord. No. 1166, § 1(5-5, 5-16), 8-11-1998)
Sec. 50-36. Fees.
The fee for a certificate of registration and the fees for annual renewals thereof
shall be set from time to time by resolution of the city commission. The city commission
reserves the right, upon proper application, to authorize the issuance of certificates of
registration without fee or cost for any nonprofit tax exempt organization. Registration
fees not paid within 30 days of the due date will be subject to a late fee of $15.00 per
month for each month up to a maximum of six months, at which time all fees and late
fees are due and then a civil infraction violation may be issued each day thereafter until
the registration is submitted and fees are paid.
(Ord. No. 1166, § 1(5-6), 8-11-1998)
Sec. 50-37. Display.
Any certificate of registration issued pursuant to this chapter shall be prominently
displayed in the business establishment.
(Ord. No. 1166, § 1(5-7), 8-11-1998)
Sec. 50-38. Transferability.
No certificate of registration issued pursuant to this chapter shall be transferable.
Material changes in operation or ownership of businesses shall require new certificates
of registration.
(Ord. No. 1166, § 1(5-8), 8-11-1998)
Sec. 50-39. General conditions for issuance and continuing in effect.
(a) Compliance with other governmental requirements; preemption. No certificate of
registration shall be issued or continued in effect for any person who is required
to obtain a license or permit from the United States of America, the state, or the
county, until such person shall submit evidence that the required license or
permit has been issued and continues in force, and that all fees pertaining to
such license or permit have been paid. The fact that a person has received a
license or permit from the United States, the state, the county, or other
governmental entity for the business activities or establishment involved shall not
exempt such person from the requirements of this chapter unless these
requirements are clearly preempted by federal or state law.
(b) Compliance with all other laws. A holder of a certificate of registration must be in
continuing compliance with all local, county, state and federal laws as a condition
of issuance or continued effect of a certificate of registration under this chapter.
(c) Conditions and activities on the premises. The holder of a certificate of
registration shall maintain a clean, neat and orderly establishment, take
reasonable steps to provide security on the premises, and prevent unlawful
conduct thereon.
(d) Advertising sales as executors, receivers, close-out, damaged goods, etc. No
person shall advertise or represent that any sale is an assignee's, executor's,
administrator's, personal representative's, mortgagee's, receiver's, or closing-out
sale of goods, or of goods, wares and merchandise damaged by fire, smoke,
water or otherwise, unless he shall at the time of applying for a license, make
and file with the city clerk an affidavit showing all facts in regard to the sale which
he proposes to conduct, including a true statement of the names of the persons
from whom the goods to be sold were obtained, the date of the delivery of such
goods to the licensee, the place from which such goods were brought, and all
details necessary to fully identify the goods.
(e) Engaging in fraudulent conduct. A certificate of registration may be revoked if the
holder is found to have engaged in fraudulent business practices,
misrepresented the nature of the goods or services offered to the public, or has
violated the consumer protection act of the state, the retail installment sales act
of the state, or any other federal or state statute or law concerning business
practices.
(f) Payment of amounts owed city. All personal property taxes and outstanding
debts to the city, including without limitation fees for inspections or property
services, water or sewer bills, civil infraction fines applicable to the business or its
premises, current special assessment installments, but not including real
property or income taxes, due at the time of issuance or renewal of a certificate
related to the business activity or establishment must be paid in full.
(g) Standards for licenses. Particular standards for licensees under this chapter may
be determined, pursuant to subsection 50-40(b), from time to time in the form of
regulations adopted by the city commission which shall be appended to the
certificate of registration. The violation of such regulations will constitute a
violation of this chapter.
(h) Standards in chapter. Each holder of a certificate of registration shall comply with
the requirements found in additional applicable articles of this chapter.
(Ord. No. 1166, § 1(5-9), 8-11-1998)
Sec. 50-40. Additional conditions for issuance.
(a) Compliance with applicable codes and regulations. Any person applying for or
holding a certificate of registration under this chapter shall demonstrate to
authorized city personnel that the business establishment registered under this
chapter complies with all construction and fire and safety codes of the city, all
applicable health and safety laws, zoning laws and environmental laws and
regulations of the city, the county, the state, or the United States, and including
all provisions of this chapter. Further, affiant shall comply with special conditions
promulgated pursuant to subsection (b) of this section.
(b) Special conditions. In connection with the registrations pursuant to this chapter,
regulations which are particularly adapted and appropriate to the business
activity or establishment so registered, shall be promulgated by the city,
approved by the city commission, and attached to or printed upon the registration
issued. Such attachments and adoptions shall not be required for codes,
ordinances and other regulations of general applicability which are in effect from
time to time in the city and which affect the registered business. These
regulations shall be uniform for all businesses of the same type and description.
(Ord. No. 1166, § 1(5-13), 8-11-1998)
Sec. 50-41. Inspections.
Every business establishment registered shall afford authorized personnel from
the city full access to the premises and the emergency plan records of the business for
the purpose of inspection to determine compliance with the registration which has been
issued, for determination in connection with the application for the issuance of the
registration, and to determine continuing compliance with all ordinances, codes and
statutes applicable to the premises, the business establishment or the business activity.
In the case of a proposed revocation or suspension, the holder of the registration shall
afford reasonable opportunity for inspection by the city.
(Ord. No. 1166, § 1(5-14), 8-11-1998)
Sec. 50-42. Use of streets for business purposes.
Certificates of registration issued under this chapter or other ordinances shall not
be construed as granting the right to park a vehicle at the curb for a longer period than is
necessary to make deliveries. Persons who wish to sell or demonstrate articles while
parked at the curb, or who desires to use the streets exclusively for their business,
except as otherwise provided in this Code, shall make application to the city.
(Ord. No. 1166, § 1(5-10), 8-11-1998)
Sec. 50-43. Denial, revocation and suspension.
Holders of a certificate of registration applied for under this chapter may be
denied, suspended, or revoked by the city clerk for any of the following causes:
(1) The violation of any of the conditions of issuance or continuation of a
certificate of registration.
(2) Fraud, misrepresentation or any false statement made in the application.
(3) Fraud, misrepresentation or any false statement made in the operation of
the business.
(4) Failure to pay personal property taxes, or timely file documentation or
returns required for such taxes.
(5) Failure to pay any outstanding amounts owed the city (such as fees for
inspections or property services, water or sewer bills, civil infraction fines
applicable to the business or its premises, current special assessment
installments, etc.).
(6) Failure to pay registration fees imposed pursuant to this chapter and
resolution of the city commission.
(7) Conducting a business in an unlawful manner or in such manner as to
constitute a breach of peace or to constitute a menace to the health,
morals, safety or welfare of the public.
(8) Failure or inability of an applicant to meet and satisfy any of the
requirements and provisions of this chapter.
(9) Failure to allow inspection of the business premises or hazardous
material storage records at a reasonable time.
(Ord. No. 1166, § 1(5-11), 8-11-1998)
Sec. 50-44. Procedure for revocation or suspension.
(a) Written notice of suspension or revocation stating the cause or causes therefor
shall be personally delivered or mailed to the address as shown in the
application.
(b) Any person whose certificate or registration is revoked or suspended, or any
person whose application is denied, shall have the right to a hearing before the
city manager, or a hearing officer appointed by the city manager, provided a
written request therefor is filed with the city clerk within ten days following the
mailing of a notice of revocation or suspension, or within ten days following the
denial of the application. The hearing shall be public, a record shall be made and
preserved, and the person or applicant shall have the right to counsel. The
hearing shall be held within 30 days of the filing of the request.
(c) The city manager may reverse or affirm any determination to deny, revoke or
suspend the issuance of a certificate of registration. No person may carry on or
operate a business establishment or any business activity during any time when
the certificate of registration for such activity or business has been suspended,
revoked or denied, except that the filing of an appeal to the city manager or,
subsequently, to a court having jurisdiction, shall act to stay a suspension or
revocation except in the event a condition threatening the life, health or safety of
any person exists in the business establishment or is involved in the business
activity. The action of the city manager and his or her reasons therefor shall be
stated in writing.
(d) Any person aggrieved after decision by the city commission designee shall have
the right of review in the circuit court for the county. The circuit court shall review
the determination made by the city manager de novo on the record, not more
than 21 days after the city manager's final action, and either reverse or affirm by
remand for further findings, retaining jurisdiction in its discretion.
(Ord. No. 1166, § 1(5-12), 8-11-1998)
Secs. 50-45--50-70. Reserved.
ARTICLE III. DANCES AND DANCE HALLS
Sec. 50-71. Definitions.
The following words, terms and phrases when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Municipal dance means any teenage dance which is sponsored by the
department of leisure services of the city.
Person means any person, copartnership, firm, corporation, society, club,
organization or association sponsoring or conducting any public or teenage dance.
Public dance means any dance to which admission is granted by payment of a
fee, or by purchase, possession or presentation of a ticket or token, obtained for any
consideration, or in which a charge is made for checking clothing or other property, or
any other dance to which the general public may gain admission, with or without
payment of a fee.
Public dance hall or area means any hall, room or any other place at which a
public or teenage dance shall be held.
Teenage dance means any dance where admission is granted exclusively to
minors, 13 to 19 years of age inclusive, and to which all such general teenage public
may gain admission, with or without payment of a fee.
(Code 1975, § 5-134; Ord. No. 1166, § 1(art. IV), 8-11-1998)
Cross reference(s)--Definitions generally, § 1-2.
Sec. 50-72. Penalties.
Any person violating the provisions of this article concerning licensing of dances
and dance halls shall be responsible for a civil infraction.
(Code 1975, § 5-141; Ord. No. 1166, § 1(art. IV), 8-11-1998)
Sec. 50-73. Application of article.
The provisions of this article are intended to apply to public and teenage dances,
and such provisions shall not apply to any dances given in private homes or by any
religious, charitable, fraternal or other society, association or organization, where the
attendance is restricted to the members of such religious, charitable, fraternal or other
society, association or organization. Municipal dance sponsors, or the sponsors of any
public or teenage dance, when such dance is sponsored by any of the public or
parochial schools of the city, or the student bodies thereof, or by religious or charitable
organizations, including the YMCA and YWCA, shall be exempted from paying any
license fee as required in section 50-74, but shall be required to make application as
stated in section 50-74 and shall be subject to all other restrictions, limitations and
provisions contained within this article.
(Code 1975, § 5-135; Ord. No. 1166, § 1(art. IV), 8-11-1998)
Sec. 50-74. Licenses and permits.
(a) It shall be unlawful for any person to hold a public or teenage dance in any place
within the limits of the city until such place in which the dance is to be held shall
first be licensed for that purpose. The owner, operator or sponsoring organization
of a such public or teenage dance or public dance hall shall apply to the city clerk
for a license, which application shall be made in the form and manner required by
the city clerk. Before any license is granted, the application shall be approved by
the chief of police and the city manager.
(b) Upon the approval of the application for a license under this section by the chief
of police and the city manager, the applicant shall pay to the city treasurer the
sum specified by resolution of the city commission for each and every public or
teenage dance conducted or held by the applicant, which fee shall be paid to the
city treasurer at least one day previous to the day on which any such dance is to
be conducted or held, or the applicant shall pay the annual fee as prescribed by
resolution of the city commission. Any annual license issued under this article
shall expire on April 30 following the issuance of such annual license.
(c) No license for any public or teenage dance or dance hall shall be issued until the
city manager, or other duly authorized city officials appointed by the city
manager, shall inspect the premises and determine that such place where the
dance is to be held complies with and conforms to all ordinances and health and
fire regulations of the city, and that such place is properly ventilated and supplied
with adequate toilet conveniences, and is a safe, sanitary and proper place for
the purposes for which it is to be used.
(d) Upon the approval of the application for a license under this section, the city clerk
shall issue the license and the person in charge of conducting or sponsoring the
public or teenage dance shall post the license in a conspicuous place in or about
the area in which the dance is to be held.
(e) The license for any public or teenage dance or dance hall may be suspended or
revoked by the city manager for disorderly or immoral conduct therein, or for the
violation of any of the provisions set forth in this article, or in any ordinance, law
or regulation affecting such dance hall or dance; and such dance hall may be
entered for inspection at any time by the city manager or any member of the
police department or any other person duly authorized by the city manager for
that purpose. Any police officer may cause any such dance to be discontinued
and the dance hall vacated during the progress of the dance for any reason for
which a license may be suspended or revoked, and if any license granted under
the provisions of this section shall be suspended or revoked as provided in this
article, at least six months shall lapse before another license is issued to the
person having made application therefor.
(f) It shall be unlawful for any person to hold any public or teenage dance in any
place other than one licensed for such purpose, without having first obtained a
permit therefor from the city manager, and no person having been granted such
license, who fails to enforce at such dances the requirements of any statute or
ordinance relative to such dances and public dance halls, shall be granted a
second permit within six months from the date of such dance. Any failure or
neglect, on the part of a manager, proprietor or other person in charge of any
place used for such dances, to secure the required license or permit shall be
subject to the penalty provided in section 50-20. Failure of the owner of the
premises upon which such dance is held to ascertain that the license has been
issued to the sponsoring organization shall subject such owner to the same
penalties as provided in this section.
(Code 1975, § 5-136; Ord. No. 1166, § 1(art. IV), 8-11-1998)
Sec. 50-75. Floor manager; prohibited conduct.
Whenever any public or teenage dance is conducted in the city, a floor manager
shall be present at all times, as well as other adult supervision to be determined and
approved by the chief of police upon his investigation of the application for the license
under this article. No licensee, by himself, directly or indirectly or by any servant, agent,
employee or floor manager, shall:
(1) Permit any disorderly conduct or any language that will cause an
immediate breach of the peace.
(2) Permit the licensed premises to become a resort for disorderly persons of
any type.
(3) Permit smoking in the area designated for dancing.
(4) Permit gambling or the use, possession or presence of gambling
paraphernalia on the premises.
(5) Permit overcrowding in the area designated for dancing. For purposes of
this subsection, "overcrowding" shall mean any number of persons in
excess of the maximum number approved for the hall or place by the city
fire department.
(6) Permit any person under the influence of intoxicating liquor or narcotics to
participate in, be admitted to, or remain on the premises.
(7) Employ any person who is under the age of 18 years.
(8) Permit the possession or use of any alcoholic liquor on the premises, nor
shall the licensed premises be accessible in any way to any place where
alcoholic liquor is sold, distributed or given away. This prohibition shall not
apply while a state liquor commission special beer and wine license is in
effect at the licensed premises.
(Code 1975, § 5-137; Ord. No. 1166, § 1(art. IV), 8-11-1998)
Sec. 50-76. Closing hours.
All public dances and public dance halls shall be closed between the hours of
2:00 a.m. and 7:00 a.m.. All such dances and dance halls shall be closed on or before
2:00 a.m. on Christmas Day and remain closed until 7:00 a.m. of the following day.
(Code 1975, § 5-138; Ord. No. 1166, § 1(art. IV), 8-11-1998)
Sec. 50-77. General restriction as to admission of persons under seventeen.
No person under the age of 17 years shall be admitted to or allowed to remain at
a public dance or in a public dance hall after 9:00 p.m. of any day, unless accompanied
by a parent or legal guardian. This age limitation shall not apply to those persons
licensed to conduct teenage dances, but shall be restricted by the provisions for such
teenage dances as stated in this article.
(Code 1975, § 5-139; Ord. No. 1166, § 1(art. IV), 8-11-1998)
State law reference(s)--Children in dance halls serving liquor, MCL 750.141.
Sec. 50-78. Special provisions relative to teenage dances.
All teenage dances shall be subject, in addition to the other restrictive provisions
of this article for any public dance or public dance hall, to the following restrictions:
(1) No teenage dance or place where a teenage dance is held shall permit
dancing between the hours of 11:00 p.m. and 7:00 a.m., in addition to,
and in further limitation of, the closing hours of public dances and public
dance halls as provided in section 50-76.
(2) The licensee shall provide proper and adequate adult supervision. Such
supervision shall be determined and approved by the chief of police upon
investigation of the application for the license.
(Code 1975, § 5-140; Ord. No. 1166, § 1(art. IV), 8-11-1998)
Secs. 50-79--50-100. Reserved.
ARTICLE IV. TRANSIENT BUSINESS ACTIVITIES
Sec. 50-101. Application and definitions.
This article applies to transient business activities, such as those carried on by
persons soliciting funds or selling merchandise door-to-door, or in the public, persons
temporarily located in malls or shopping centers, parking lots and on vacant lots at
various places in the city. The following activities shall be considered transient business
activities (even if charitable in nature) and are further defined as follows:
Auctioneer means a person carrying on the business of auctions of tangible
personal property, except for an auction house in the city utilized as a permanent
establishment for the carrying on of such auctions, or a person operating such an
establishment.
Charitable solicitor means a solicitor who goes from place to place, or appears in
public, soliciting funds or services on behalf of licensed, registered charitable
organizations. A person, in order to qualify as a charitable solicitor, must be able to
demonstrate that the charitable organization for which or on whose behalf the charitable
solicitor acts is duly licensed or registered by the state, if required by law.
Religious solicitor means a person who carries on the activities of a charitable
solicitor, but on behalf of a religious organization duly incorporated or permitted to
operate in the state and having one or more established locations or places of worship in
the state.
Solicitor means a person who goes from place to place, or house to house, or
who stands in any street or public place taking or offering to take orders for merchandise
or services to be performed in the future or for the making, manufacturing or repairing of
any articles or things. The term "solicitor" does not apply to persons selling or delivering
newspapers. The term "solicitor" includes the term "peddler."
Transient merchant means a person who establishes, for a period less than 90
days, a business activity at any location, building or lot.
(Ord. No. 1166, § 1(5-142), 8-11-1998)
Cross reference(s)--Definitions generally, § 1-2.
Sec. 50-102. Application; activities not covered.
This article shall not apply, nor shall a business registration certificate be
required, from the following persons:
(1) Veterans qualifying for a state peddlers license issued by the county clerk
pursuant to Public Act No. 359 of 1921 (MCL 35.441 et seq.);
(2) Newspaper or literature carriers selling or delivering newspapers or
literature to subscribers;
(3) Farmers, truck gardeners, or their employees or affiliates, selling
merchandise and farm products in established farmers markets;
(4) Persons participating or selling merchandise or food, or advertising, at
organized athletic events, conventions, or at community celebrations or
events.
(Ord. No. 1166, § 1(5-143), 8-11-1998)
State law reference(s)--Veteran's license for peddlers, MCL 400.271 et seq.
Sec. 50-103. Location restrictions.
The city commission may restrict locations of transient business activities or
types of such activities by resolution or regulation stating the reasons for such
restrictions.
(Ord. No. 1166, § 1(5-149), 8-11-1998)
Sec. 50-104. Registration certificate duration.
Except in the case of auctioneers, no registration certificate issued under this
article shall have a duration of more than 30 days, and no registration certificate shall be
issued more than twice per calendar year, and a period of at least 60 days shall pass
between the expiration of the first certificate and the issuance of the second.
(Ord. No. 1166, § 1(5-148), 8-11-1998)
Sec. 50-105. Solicitors.
Solicitors shall be required to have a business registration certificate. No such
certificate shall be issued for such business activity, however, except where the following
requirements are met:
(1) In the event the solicitation is for advance payment of services or
merchandise to be delivered later, the solicitor shall deposit with the city
clerk a bond, certified check or cash in the amount of $500.00 in favor of
the city, such bond, check or cash (hereinafter "security") to be available
for any claim made by any person who has not received the services or
merchandise within the time and in the manner promised by the solicitor.
The security shall be conditioned upon performance by the solicitor or the
company or entity represented by the solicitor in delivering the services or
merchandise in accordance with the agreement. Such security shall
remain in full force and effect or retained by the city for a period of 90
days after the expiration of the business registration issued to the
solicitor.
(2) All other requirements and information required in connection with the
application and issuance of a business registration certificate shall be
complied with before issuance.
(3) No solicitor, except a charitable or religious solicitor, shall represent that
any monies received from a customer will be devoted to charitable or
religious purposes.
(Ord. No. 1166, § 1(5-144), 8-11-1998)
State law reference(s)--Home solicitation sales, MCL 445.111 et seq.; refund of down
payments, MCL 445.141 et seq.; transient merchants, MCL 445.371 et seq.
Sec. 50-106. Charitable and religious solicitors.
Charitable and religious solicitors shall be required to have a business
registration certificate, provided that no fee shall be required for such business
registration certificate. The applicant shall show, to the satisfaction of the city, the
following:
(1) The charity being represented is fully registered with the state to the
extent required by law.
(2) The religious organization meets the standards set forth in the definitions
in section 50-101.
(3) Any merchandise or services involved in the solicitation are described in
full and examples of such merchandise or services are supplied with the
application.
(4) No security shall be required of a charitable or religious solicitor, provided
the requirements of this section are met.
(Ord. No. 1166, § 1(5-145), 8-11-1998)
Sec. 50-107. Auctioneers.
Auctioneers shall obtain a separate business registration certificate for each
auction held in the city. No auction shall be held at the same location for a period of
more than three successive days in one period of 12 months, except that the city clerk
may, upon reasonable showing by the auctioneer, provide for repeated licenses at a
location of a sale of the contents of an estate or large building or property if the city clerk
determines that the sale cannot be completed in one period of three successive days.
(Ord. No. 1166, § 1(5-146), 8-11-1998)
State law reference(s)--Auctioneers and duties upon sales at auctions, MCL 446.51 et
seq.; sale by auction, MCL 40.2328.
Sec. 50-108. Display of business registration certificate.
Every person having a registration certificate under this article shall be required
to display such registration certificate upon demand of any other person who is
approached as a customer, or upon demand of the city clerk, his assistant, or a city
police officer. Failure to carry such registration certificate on the person by any solicitor,
whether regular, charitable or religious, shall constitute a violation of this chapter.
(Ord. No. 1166, § 1(5-147), 8-11-1998)