City Ordinance Chapter 050 - Licenses

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                                 Chapter 50


                            Article I. In General
Sec. 50-1.    Definitions.
Sec. 50-2.    Penalties and remedies.
Sec. 50-3.    Provisions complementary and supplemental.
Sec. 50-4.    Moral character.
Secs. 50-5-50-30. Reserved.

                           Article II. Registration
Sec. 50-31.   Purpose.
Sec. 50-32.   Required.
Sec. 50-33.   Application procedure.
Sec. 50-34.   Terms.
Sec. 50-35.   Renewal.
Sec. 50-36.   Fees.
Sec. 50-37.   Display.
Sec. 50-38.   Transferability.
Sec. 50-39.   General conditions for issuance and continuing in effect.
Sec. 50-40.   Additional conditions for issuance.
Sec. 50-41.   Inspections.
Sec. 50-42.   Use of streets for business purposes.
Sec. 50-43.   Denial, revocation and suspension.
Sec. 50-44.   Procedure for revocation or suspension.
Secs. 50-45-50-70. Reserved.

                   Article III. Dances and Dance Halls
Sec. 50-71.   Definitions.
Sec. 50-72.   Penalties.
Sec. 50-73.   Application of article.
Sec. 50-74.   Licenses and permits.
Sec. 50-75.   Floor manager; prohibited conduct.
Sec. 50-76.   Closing hours.
Sec. 50-77.   General restriction as to admission of persons under 17.
Sec. 50-78.   Special provisions relative to teenage dances.
Secs. 50-79-50-100. Reserved.

                 Article Iv. Transient Business Activities
Sec. 50-101.   Application and definitions.
Sec. 50-102.   Application; activities not covered.
Sec. 50-103.   Location restrictions.
Sec. 50-104.   Registration certificate duration.
Sec. 50-105.   Solicitors.
Sec. 50-106.   Charitable and religious solicitors.
Sec. 50-107.   Auctioneers.
Sec. 50-108.   Display of business registration certificate.
Sec. 50-109.   Hours of operation.
Sec. 50-110.   Restrictions.
Sec. 50-111.   Special event parking downtown.
Secs. 50-112-50-130. Reserved.

                           MUSKEGON CITY CODE

                         Article V. Alcoholic Liquor

                             Division 1. Generally
Secs. 50-131-50-145. Reserved.

         Division 2. License Approval And Revocation Recommendations
Sec. 50-146.  Applications for issuance or renewal, transfer of ownership or
              location, or revocation of license to sell beer, wine or spirits-
              Submission; contents.
Sec. 50-147.  Same-Standards to be applied by the city commission in approv-
              ing or denying applications.
Sec. 50-148.  Procedure following objection to issuance, renewal, transfer to
              new licensee or new location, and request for revocation.
Secs. 50-149-50-170. Reserved.

        Article VI. Public Nuisances Near Business Establishments
Sec.   50-171.Definitions.
Sec.   50-172.Findings with respect to disorderly and/or dangerous conduct.
Sec.   50-173.Declaration of public nuisance.
Sec.   50-174.Abatement of nuisance and costs; posting; recording and listing of
              public nuisances.
Sec. 50-175.  Appeal.
Secs. 50-176-50-200. Reserved.

 Article VII. Electronic Reporting: Pawn Shops, Secondhand Dealers
                   and Precious Metal/Gem Dealers
Sec. 50-201.    Purpose of article.
Sec. 50-202.    Electronic filing required.
Sec. 50-203.    Penalty.
Secs. 50-204---50-300. Reserved.

                 Article VIII. Mobile Food Vending Ordinance
Sec.   50-301.   Definitions.
Sec.   50-302.   Scope.
Sec.   50-303.   License required.
Sec.   50-304.   Regulations.

                                                 LICENSES                                               § 50-31

              ARTICLE I. IN GENERAL                    and, unless otherwise prescribed or inconsistent
                                                       herewith, shall constitute a part of the regula-
Sec. 50-1. Definitions.                                tions and conditions of certificates of registration
                                                       under this chapter.
  The following words, terms and phrases, when         (Code 2002, § 50-3; Ord. No. 1166, § 1(5-1.2),
used in this chapter, shall have the meanings          8-11-1998)
ascribed to them in this section, except where the
context clearly indicates a different meaning:         Sec. 50-4. Moral character.
   Business activity means any act of buying,             (a) In this chapter the phrase "good moral
selling, leasing, renting, or otherwise marketing,     character" shall be construed to mean the propen-
any goods, services, merchandise or commodities        sity of the person to serve the public in the
of any kind or description, whether or not con-        licensed area in a fair, honest and open manner.
ducted from a business establishment.
                                                          (b) A judgment of guilt in a criminal prosecu-
   Business establishment means any lot, building      tion or a judgment in a civil action shall not be
or structure, or a part thereof, including, without    used in and of itself as proof of a person's lack of
limitation, leased or occupied space in a mall,        good moral character. It may be used as evidence
store or building, permanently located within the      in the determination and when so used the person
corporate limits of the city, from which a person      shall be notified and shall be permitted to rebut
engages in or causes to be engaged in any act of       the evidence by showing that:
buying, selling, leasing, renting, or otherwise
disposing of, performing or marketing, any goods,           (1)   At the current time he has the ability to,
services, merchandise or commodities of any kind                  and is likely to, serve the public in a fair,
or description.                                                   honest and open manner; and
(Code 2002, § 50-1; Ord. No. 1166, § 1(5-2), 8-11-          (2)
                                                              Such person is rehabilitated, or that the
1998)                                                         substance of the former offense is not
                                                              reasonable related to the occupation or
Sec. 50-2. Penalties and remedies.                            profession for which he seeks a license or
   Any person violating any of the provisions of
                                                       (Code 2002, § 50-4)
this chapter shall be responsible for a municipal         State law reference-Moral character, MCL 338.41 et
civil infraction. In addition, any property owner      seq.
in which any of the violations is taking place shall
be responsible for a municipal civil infraction.       Secs. 50-5-50-30. Reserved.
Each day on which any violation of this chapter
shall continue shall constitute a separate offense.
The city may utilize injunctive remedies to pre-                  ARTICLE II. REGISTRATION
vent further violations of this chapter and to
require compliance with this chapter.                  Sec. 50-31. Purpose.
(Code 2002, § 50-2; Ord. No. 1166, § 1(5-17),
(5-18), 8-11-1998; Ord. No. 2338, 3-24-2015)              This chapter, concerning the registration of
                                                       businesses in the city, is enacted to protect the
Sec. 50-3. Provisions complementary and                health, safety and welfare of persons in the city by
           supplemental.                               providing the city with the information necessary
                                                       to ensure compliance with safety, structure and
   The provisions of this chapter, together with       fire laws, identify business activities and estab-
other relevant provisions of any other ordinance,      lishments which affect or involve matters related
or provisions authorized or required by state or       to traffic, congestion, occupancy and density of
federal law relative to business establishments or     occupancy, the presence, storage and handling of
activity as defined in this chapter, shall be con-     hazardous materials, the physical condition of
strued to be complementary and supplemental            places where persons are employed or carry on

Supp. No. 2                                       CD50:3
§ 50-31                                      MUSKEGON CITY CODE

trade, and the enforcement of the law, including             (5)   The name, telephone number and address
local, state and federal laws, rules and regula-                   of the person to notify in the event of an
tions, applying to the business activities and                     emergency.
establishments located in the city.                          (6)Each application shall have attached a
(Code 2002, § 50-31; Ord. No. 1166, § 1(5-1.1),                 current fire safety audit worksheet or a
8-11-1998)                                                      document substituted by the city contain-
                                                                ing the same information. This form must
Sec. 50-32. Required.                                           be approved and signed by the personnel
                                                                from the city fire department's fire pre-
   No person shall operate or conduct, maintain
                                                                vention bureau, or successor division or
or manage any business establishment, or carry
on business activity within the corporate limits of
                                                         (Code 2002, § 50-33; Ord. No. 1166, § 1(5-15),
the city without first obtaining a certificate of
registration in the manner provided in this chap-
ter. Any person licensed under a similar previous
                                                         Sec. 50-34. Terms.
ordinance on the effective date of Ordinance No.
1166 shall be deemed registered hereunder for the           Each certificate of registration issued pursuant
balance of the current license year designated in        to this chapter shall be of a duration not to exceed
this chapter.                                            one year and shall terminate on May 1, following
(Code 2002, § 50-32; Ord. No. 1166, § 1(5-3),            issuance thereof.
8-11-1998)                                               (Code 2002, § 50-34; Ord. No. 1166, § 1(5-4),
Sec. 50-33. Application procedure.
                                                         Sec. 50-35. Renewal.
   An applicant for a certificate of registration
                                                            (a) Any certificate of registration issued under
shall make application to the city clerk on a form
                                                         this chapter must be renewed in the manner set
prescribed by the city clerk, which shall contain
                                                         forth in this article on or before May 1 of each
at least the following information:
                                                         year of existence of the business establishment or
   (1)    The full names, business addresses and         activity.
          residence addresses of the owners, propri-        (b) Applications for renewal of a certificate of
          etors, officers and local addresses of all     registration shall be filed, considered and issued
          owners, proprietors and officers and man-      in the same manner as an original application.
          agers of the applicant's business; the names   (Code 2002, § 50-35; Ord. No. 1166, § 1(5-5),
          and addresses of each officer, if the appli-   (5-16), 8-11-1998)
          cant is a corporation; the names and ad-
          dresses of all partners, if a partnership;     Sec. 50-36. Fees.
          and the names and addresses of all mem-
          bers, if a limited liability corporation.         The fee for a certificate of registration and the
                                                         fees for annual renewals thereof shall be set from
   (2)    The nature and character of the business       time to time by resolution of the city commission.
          which is conducted at the business estab-      The city commission reserves the right, upon
          lishment.                                      proper application, to authorize the issuance of
   (3)    A list of all assumed, trade or firm names     certificates of registration without fee or cost for
          under which the registered applicant in-       any nonprofit tax exempt organization. Registra-
          tends to do business.                          tion fees not paid within 30 days of the due date
                                                         will be subject to a late fee of $15.00 per month for
   (4)    The location of the business establish-        each month up to a maximum of six months, at
          ment and the location of all personal          which time all fees and late fees are due and then
          property utilized in the conduct of the

Supp. No. 2                                         CD50:4
                                                 LICENSES                                             § 50-39

a municipal civil infraction violation may be is-           (c)   Conditions and activities on the premises.
sued each day thereafter until the registration is     The holder of a certificate of registration shall
submitted and fees are paid.                           maintain a clean, neat and orderly establishment,
(Code 2002, § 50-36; Ord. No. 1166, § 1(5-6),          take reasonable steps to provide security on the
8-11-1998)                                             premises, and prevent unlawful conduct thereon.
                                                          (d) Advertising sales as executors, receivers,
Sec. 50-37. Display.                                   close-out, damaged goods, etc. No person shall
                                                       advertise or represent that any sale is an assign-
   Any certificate of registration issued pursuant     ee's, executor's, administrator's, personal repre-
to this chapter shall be prominently displayed in      sentative's, mortgagee's, receiver's, or closing-out
the business establishment.                            sale of goods, or of goods, wares and merchandise
(Code 2002, § 50-37; Ord. No. 1166, § 1(5-7),          damaged by fire, smoke, water or otherwise, un-
8-11-1998)                                             less he shall at the time of applying for a license,
                                                       make and file with the city clerk an affidavit
Sec. 50-38. Transferability.                           showing all facts in regard to the sale which he
                                                       proposes to conduct, including a true statement of
   No certificate ofregistration issued pursuant to    the names of the persons from whom the goods to
this chapter shall be transferable. Material changes   be sold were obtained, the date of the delivery of
in operation or ownership of businesses shall          such goods to the licensee, the place from which
require new certificates of registration.              such goods were brought, and all details neces-
(Code 2002, § 50-38; Ord. No. 1166, § 1(5-8),          sary to fully identify the goods.
8-11-1998)                                                (e) Engaging in fraudulent conduct. A certifi-
                                                       cate ofregistration may be revoked if the holder is
Sec. 50-39. General conditions for issuance            found to have engaged in fraudulent business
            and continuing in effect.                  practices, misrepresented the nature of the goods
                                                       or services offered to the public, or has violated
  (a) Compliance with other governmental re-           the consumer protection act of the state, the retail
quirements; preemption. No certificate of registra-    installment sales act of the state, or any other
tion shall be issued or continued in effect for any    federal or state statute or law concerning busi-
person who is required to obtain a license or          ness practices.
permit from the United States of America, the             (f) Payment of amounts owed city. All personal
state, or the county, until such person shall sub-     property taxes and outstanding debts to the city,
mit evidence that the required license or permit       including, without limitation, fees for inspections
has been issued and continues in force, and that       or property services, water or sewer bills, munic-
all fees pertaining to such license or permit have     ipal civil infraction fines applicable to the busi-
been paid. The fact that a person has received a       ness or its premises, current special assessment
license or permit from the United States, the          installments, but not including real property or
state, the county, or other governmental entity for    income taxes, due at the time of issuance or
the business activities or establishment involved      renewal of a certificate related to the business
shall not exempt such person from the require-         activity or establishment must be paid in full.
ments of this chapter unless these requirements
are clearly preempted by federal or state law.            (g) Standards for licenses. Particular stan-
                                                       dards for licensees under this chapter may be
   (b) Compliance with all other laws. A holder of     determined, pursuant to section 50-40(b), from
a certificate of registration must be in continuing    time to time in the form of regulations adopted by
compliance with all local, county, state and fed-      the city commission which shall be appended to
eral laws as a condition of issuance or continued      the certificate of registration. The violation of
effect of a certificate of registration under this     such regulations will constitute a violation of this
chapter.                                               chapter.

§ 50-39                                    MUSKEGON CITY CODE

   (h) Standards in chapter. Each holder of a          utes applicable to the premises, the business
certificate of registration shall comply with the      establishment or the business activity. In the case
requirements found in additional applicable arti-      of a proposed revocation or suspension, the holder
cles of this chapter.                                  of the registration shall afford reasonable oppor-
(Code 2002, § 50-39; Ord. No. 1166, § 1(5-9),          tunity for inspection by the city.
8-11-1998)                                             (Code 2002, § 50-41; Ord. No. 1166, § 1(5-14),
Sec. 50-40. Additional conditions for issu-
            ance.                                      Sec. 50-42. Use of streets for business pur-
   (a) Compliance with applicable codes and reg-
ulations. Any person applying for or holding a            Certificates of registration issued under this
certificate of registration under this chapter shall   chapter or other ordinances shall not be con-
demonstrate to authorized city personnel that the      strued as granting the right to park a vehicle at
business establishment registered under this chap-     the curb for a longer period than is necessary to
ter complies with all construction and fire and        make deliveries. Persons who wish to sell or
safety codes of the city, all applicable health and    demonstrate articles while parked at the curb, or
safety laws, zoning laws and environmental laws        who desires to use the streets exclusively for their
and regulations of the city, the county, the state,    business, except as otherwise provided in this
or the United States, and including all provisions     Code, shall make application to the city.
of this chapter. Further, affiant shall comply with    (Code 2002, § 50-42; Ord. No. 1166, § 1(5-10),
special conditions promulgated pursuant to sub-        8-11-1998)
section (b) of this section.
   (b) Special conditions. In connection with the      Sec. 50-43. Denial, revocation and suspen-
registrations pursuant to this chapter, regula-                    sion.
tions which are particularly adapted and appro-
                                                          Holders of a certificate of registration applied
priate to the business activity or establishment so
                                                       for under this chapter may be denied, suspended,
registered shall be promulgated by the city, ap-
                                                       or revoked by the city clerk for any of the follow-
proved by the city commission, and attached to or
                                                       ing causes:
printed upon the registration issued. Such attach-
ments and adoptions shall not be required for              (1)   The violation of any of the conditions of
codes, ordinances and other regulations of gen-                  issuance or continuation of a certificate of
eral applicability which are in effect from time to              registration.
time in the city and which affect the registered
business. These regulations shall be uniform for           (2)   Fraud, misrepresentation or any false
all businesses of the same type and description.                 statement made in the application.
(Code 2002, § 50-40; Ord. No. 1166, § 1(5-13),
                                                           (3)   Fraud, misrepresentation or any false
                                                                 statement made in the operation of the
Sec. 50-41. Inspections.
                                                           (4)   Failure to pay personal property taxes, or
   Every business establishment registered shall                 timely file documentation or returns re-
afford authorized personnel from the city full                   quired for such taxes.
access to the premises and the emergency plan
records of the business for the purpose of inspec-         (5)   Failure to pay any outstanding amounts
tion to determine compliance with the registra-                  owed the city (such as fees for inspections
tion which has been issued, for determination in                 or property services, water or sewer bills,
connection with the application for the issuance of              municipal civil infraction fines applicable
the registration, and to determine continuing                    to the business or its premises, current
compliance with all ordinances, codes and stat-                  special assessment installments, etc.).

                                                  LICENSES                                           § 50-71

  (6)   Failure to pay registration fees imposed        the life, health or safety of any person exists in
        pursuant to this chapter and resolution of      the business establishment or is involved in the
        the city commission.                            business activity. The action of the city manager
                                                        and his reasons therefor shall be stated in writ-
  (7)   Conducting a business in an unlawful
        manner or in such manner as to consti-
        tute a breach of peace or to constitute a          (d) Any person aggrieved after decision by the
        menace to the health, morals, safety or         city commission designee shall have the right of
        welfare of the public.                          review in the circuit court for the county. The
  (8)   Failure or inability of an applicant to         circuit court shall review the determination made
        meet and satisfy any of the requirements        by the city manager de novo on the record, not
        and provisions of this chapter.                 more than 21 days after the city manager's final
                                                        action, and either reverse or affirm by remand for
  (9)  Failure to allow inspection of the business      further findings, retaining jurisdiction in its dis-
       premises or hazardous material storage           cretion.
       records at a reasonable time.                    (Code 2002, § 50-44; Ord. No. 1166, § 1(5-12),
(Code 2002, § 50-43; Ord. No. 1166, § 1(5-11),          8-11-1998)
                                                        Secs. 50-45-50-70. Reserved.
Sec. 50-44. Procedure for revocation or sus-
   (a) Written notice of suspension or revocation            ARTICLE III. DANCES AND DANCE
stating the cause therefor shall be personally                            HALLS
delivered or mailed to the address as shown in the
application.                                            Sec. 50-71. Definitions.

   (b) Any person whose certificate or registra-          The following words, terms and phrases, when
tion is revoked or suspended, or any person whose       used in this article, shall have the meanings
application is denied, shall have the right to a        ascribed to them in this section, except where the
hearing before the city manager, or a hearing           context clearly indicates a different meaning:
officer appointed by the city manager, provided a
written request therefor is filed with the city clerk
                                                           Municipal dance means any teenage dance
                                                        which is sponsored by the department of leisure
within ten days following the mailing of a notice
                                                        services of the city.
of revocation or suspension, or within ten days
following the denial of the application. The hear-         Person means any person, copartnership, firm,
ing shall be public, a record shall be made and         corporation, society, club, organization or associ-
preserved, and the person or applicant shall have       ation sponsoring or conducting any public or
the right to counsel. The hearing shall be held         teenage dance.
within 30 days of the filing of the request.
                                                           Public dance means any dance to which admis-
   (c) The city manager may reverse or affirm any       sion is granted by payment of a fee, or by pur-
determination to deny, revoke or suspend the            chase, possession or presentation of a ticket or
issuance of a certificate of registration. No person    token, obtained for any consideration, or in which
may carry on or operate a business establishment        a charge is made for checking clothing or other
or any business activity during any time when the       property, or any other dance to which the general
certificate ofregistration for such activity or busi-   public may gain admission, with or without pay-
ness has been suspended, revoked or denied,             ment of a fee.
except that the filing of an appeal to the city
manager or, subsequently, to a court having juris-        Public dance hall or area means any hall, room
diction, shall act to stay a suspension or revoca-      or any other place at which a public or teenage
tion except in the event a condition threatening        dance shall be held.

§ 50-71                                    MUSKEGON CITY CODE

   Teenage dance means any dance where admis-          form and manner required by the city clerk.
sion is granted exclusively to minors, 13 to 19        Before any license is granted, the application
years of age inclusive, and to which all such          shall be approved by the chief of police and the
general teenage public may gain admission, with        city manager.
or without payment of a fee .
(Code 1975, § 5-134; Code 2002, § 50-71; Ord. No.         (b) Upon the approval of the application for a
1166, § l(art. IV), 8-11-1998)                         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
Sec. 50-72. Penalties.                                 of the city commission for each and every public or
   Any person violating the prov1s1ons of this         teenage dance conducted or held by the applicant,
article concerning licensing of dances and dance       which fee shall be paid to the city treasurer at
halls shall be responsible for a municipal civil       least one day previous to the day on which any
infraction.                                            such dance is to be conducted or held, or the
(Code 1975, § 5-141; Code 2002, § 50-72; Ord. No.      applicant shall pay the annual fee as prescribed
1166, § l(art. IV), 8-11-1998)                         by resolution of the city commission. Any annual
                                                       license issued under this article shall expire on
Sec. 50-73. Application of article.                    April 30 following the issuance of such annual
   The provisions of this article are intended to
apply to public and teenage dances, and such              (c) No license for any public or teenage dance
provisions shall not apply to any dances given in      or dance hall shall be issued until the city man-
private homes or by any religious, charitable,         ager, or other duly authorized city officials ap-
fraternal or other society, association or organiza-   pointed by the city manager, shall inspect the
tion, where the attendance is restricted to the        premises and determine that such place where
members of such religious, charitable, fraternal       the dance is to be held complies with and con-
or other society, association or organization. Mu-     forms to all ordinances and health and fire regu-
nicipal dance sponsors, or the sponsors of any         lations of the city, and that such place is properly
public or teenage dance, when such dance is            ventilated and supplied with adequate toilet con-
sponsored by any of the public or parochial schools    veniences, and is a safe, sanitary and proper place
of the city, or the student bodies thereof, or by      for the purposes for which it is to be used.
religious or charitable organizations, including          (d) Upon the approval of the application for a
the YMCA and YWCA, shall be exempted from              license under this section, the city clerk shall
paying any license fee as required in section          issue the license and the person in charge of
50-74, but shall be required to make application       conducting or sponsoring the public or teenage
as stated in section 50-74 and shall be subject to     dance shall post the license in a conspicuous place
all other restrictions, limitations and provisions     in or about the area in which the dance is to be
contained within this article.                         held.
(Code 1975, § 5-135; Code 2002, § 50-73; Ord. No.
1166, § l(art. IV), 8-11-1998)                            (e) The license for any public or teenage dance
                                                       or dance hall may be suspended or revoked by the
Sec. 50-74. Licenses and permits.                      city manager for disorderly or immoral conduct
                                                       therein, or for the violation of any of the provi-
   (a) It shall be unlawful for any person to hold     sions set forth in this article, or in any ordinance,
a public or teenage dance in any place within the      law or regulation affecting such dance hall or
limits of the city until such place in which the       dance; and such dance hall may be entered for
dance is to be held shall first be licensed for that   inspection at any time by the city manager or any
purpose. The owner, operator or sponsoring orga-       member of the police department or any other
nization of such public or teenage dance or public     person duly authorized by the city manager for
dance hall shall apply to the city clerk for a         that purpose. Any police officer may cause any
license, which application shall be made in the        such dance to be discontinued and the dance hall

                                                 LICENSES                                              § 50-77

vacated during the progress of the dance for any            (4)   Permit gambling or the use, possession or
reason for which a license may be suspended or                    presence of gambling paraphernalia on
revoked, and if any license granted under the                     the premises.
provisions of this section shall be suspended or
revoked as provided in this article, at least six           (5)   Permit overcrowding in the area desig-
months shall lapse before another license is is-                  nated for dancing. For purposes of this
sued to the person having made application there-                 subsection, the term "overcrowding" shall
for.                                                              mean any number of persons in excess of
                                                                  the maximum number approved for the
   (f) It shall be unlawful for any person to hold                hall or place by the city fire department.
any public or teenage dance in any place other
than one licensed for such purpose, without hav-            (6)   Permit any person under the influence of
ing first obtained a permit therefor from the city                intoxicating liquor or narcotics to partici-
manager, and no person having been granted                        pate in, be admitted to, or remain on the
such license, who fails to enforce at such dances                 premises.
the requirements of any statute or ordinance
relative to such dances and public dance halls,             (7)   Employ any person who is under the age
shall be granted a second permit within six months                of 18 years.
from the date of such dance. Any failure or ne-
glect, on the part of a manager, proprietor or other        (8)Permit the possession or use of any alco-
person in charge of any place used for such                    holic liquor on the premises, nor shall the
dances, to secure the required license or permit               licensed premises be accessible in any
shall be subject to the penalty provided in section            way to any place where alcoholic liquor is
50-72. Failure of the owner of the premises upon               sold, distributed or given away. This pro-
which such dance is held to ascertain that the                 hibition shall not apply while a state
license has been issued to the sponsoring organi-              liquor commission special beer and wine
zation shall subject such owner to the same pen-               license is in effect at the licensed prem-
alties as provided in this section.                            ises.
(Code 1975, § 5-136; Code 2002, § 50-74; Ord. No.      (Code 1975, § 5-137; Code 2002, § 50-75; Ord. No.
1166, § l(art. IV), 8-11-1998)                         1166, § l(art. IV), 8-11-1998)

Sec. 50-75. Floor manager; prohibited con-             Sec. 50-76. Closing hours.
                                                          All public dances and public dance halls shall
   Whenever any public or teenage dance is con-        be closed between the hours of2:00 a .m. and 7:00
ducted in the city, a floor manager shall be pres-     a .m. All such dances and dance halls shall be
ent at all times, as well as other adult supervision   closed on or before 2:00 a.m. on Christmas Day
to be determined and approved by the chief of          and remain closed until 7:00 a.m. of the following
police upon his investigation of the application for   day.
the license under this article. No licensee, by        (Code 1975, § 5-138; Code 2002, § 50-76; Ord. No.
himself, directly or indirectly, or by any servant,    1166, § l(art. IV), 8-11-1998)
agent, employee or floor manager, shall:
  (1)   Permit any disorderly conduct or any lan-      Sec. 50-77. General restriction as to admis-
        guage that will cause an immediate breach                  sion of persons under 17.
        of the peace.
  (2)   Permit the licensed premises to become a          No person under the age of 17 years shall be
        resort for disorderly persons of any type.     admitted to or allowed to remain at a public dance
                                                       or in a public dance hall after 9:00 p.m. of any day,
  (3)   Permit smoking in the area designated          unless accompanied by a parent or legal guard-
        for dancing.                                   ian. This age limitation shall not apply to those

§   50-77                                          MUSKEGON CITY CODE

persons licensed to conduct teenage dances, but                  sidered transient business activities (even if char-
shall be restricted by the provisions for such                   itable in nature) and are further defined as fol-
teenage dances as stated in this article.                        lows:
(Code 1975, § 5-139; Code 2002, § 50-77; Ord. No.                  Auctioneer means a person carrying on the
1166, § l(art. IV), 8-11-1998)                                   business of auctions of tangible personal property,
    State law reference-Children in dance halls serving
liquor, MCL 750.141.                                             except for an auction house in the city utilized as
                                                                 a permanent establishment for the carrying on of
Sec. 50-78. Special prov1s1ons relative to                       such auctions, or a person operating such an
            teenage dances.                                      establishment.
                                                                    Charitable solicitor means a solicitor who goes
   All teenage dances shall be subject, in addition              from place to place, or appears in public, soliciting
to the other restrictive provisions of this article              funds or services on behalf of licensed, registered
for any public dance or public dance hall, to the                charitable organizations. A person, in order to
following restrictions:                                          qualify as a charitable solicitor, must be able to
     (1)    No teenage dance or place where a teen-              demonstrate that the charitable organization for
            age dance is held shall permit dancing               which or on whose behalf the charitable solicitor
            between the hours of 11:00 p.m . and 7:00            acts is duly licensed or registered by the state, if
            a.m., in addition to, and in further limita-         required by law.
            tion of, the closing hours of public dances             Religious solicitor means a person who carries
            and public dance halls as provided in                on the activities of a charitable solicitor, but on
            section 50-76.                                       behalf of a religious organization duly incorpo-
     (2)The licensee shall provide proper and                    rated or permitted to operate in the state and
        adequate adult supervision. Such super-                  having one or more established locations or places
        vision shall be determined and approved                  of worship in the state.
        by the chief of police upon investigation of                Solicitor means a person who goes from place
        the application for the license.                         to place, or house to house, or who stands in any
(Code 1975, § 5-140; Code 2002, § 50-78; Ord. No.                street or public place taking or offering to take
1166, § l(art. IV), 8-11-1998)                                   orders for merchandise or services to be per-
                                                                 formed in the future or for the making, manufac-
Secs. 50-79-50-100. Reserved.                                    turing or repairing of any articles or things. The
                                                                 term "solicitor" does not apply to persons selling
                                                                 or delivering newspapers. The term "solicitor"
      ARTICLE Iv. TRANSIENT BUSINESS                             includes the term "peddler."
                ACTIVITIES*                                         Transient merchant means a person who estab-
                                                                 lishes, for a period less than 45 days, a business
Sec. 50-101. Application and definitions.                        activity at any location, building or lot.
                                                                 (Code 2002, § 50-101; Ord. No. 1166, § 1(5-142),
   This article applies to transient business activ-
                                                                 8-11-1998; Ord. No. 2322, § 50-101, 4-22-2014)
ities, such as those carried on by persons solicit-
ing funds, providing services, or selling merchan-               Sec. 50-102. Application; activities not cov-
dise door-to-door, or in the public, persons                                  ered.
temporarily located in malls or shopping centers,
parking lots and on vacant lots at various places                   This article shall not apply, nor shall a busi-
in the city. The following activities shall be con-              ness registration certificate be required, from the
                                                                 following persons:
   *State law references-Transient merchants, MCL                    (1)   Veterans qualifying for a state peddlers
445.371 et seq.; home solicitation sales, MCL 445.111 et seq.;
exemption for a veteran's license, MCL 35.441; charitable                  license issued by the county clerk pursu-
organizations and solicitations act, MCL 400.271 et seq.;                  ant to Public Act No. 359 of 1921 (MCL
public safety solicitation act, MCL 14.301 et seq.                         35.441 et seq.);

                                                       LICENSES                                              § 50-106

   (2)   Newspaper or literature carriers selling                       ised by the solicitor. The security shall be
         or delivering newspapers or literature to                      conditioned upon performance by the so-
         subscribers;                                                   licitor or the company or entity repre-
   (3)   Farmers, truck gardeners, or their employ-                     sented by the solicitor in delivering the
         ees or affiliates, selling merchandise and                     services or merchandise in accordance with
         farm products in established farmers mar-                      the agreement. Such security shall re-
         kets;                                                          main in full force and effect or retained by
                                                                        the city for a period of 90 days after the
   (4)   Persons participating or selling merchan-                      expiration of the business registration is-
         dise or food, or advertising, at organized
                                                                        sued to the solicitor.
         athletic events, conventions, or at commu-
         nity celebrations or events;                             (2)   All other requirements and information
   (5) School sponsored events.                                         required in connection with the applica-
(Code 2002, § 50-102; Ord. No. 1166, § 1(5-143),                        tion and issuance of a business registra-
8-11-1998; Ord. No. 2322, § 50-102, 4-22-2014)                          tion certificate shall be complied with
   State law reference-Veteran's license for peddlers, MCL              before issuance.
400.271 et seq.
                                                                    No solicitor, except a charitable or reli-
Sec. 50-103. Location restrictions.                                 gious solicitor, shall represent that any
   The city commission may restrict locations of                    monies received from a customer will be
transient business activities or types of such                      devoted to charitable or religious pur-
activities by resolution or regulation stating the                  poses.
reasons for such restrictions.                               (Code 2002, § 50-105; Ord. No. 1166, § 1(5-144),
(Code 2002, § 50-103; Ord. No. 1166, § 1(5-149),             8-11-1998; Ord. No. 2322, § 50-105, 4-22-2014)
8-11-1998; Ord. No. 2322, § 50-103, 4-22-2014)                  State law references-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. 50-104. Registration certificate dura-
                                                             Sec. 50-106. Charitable and religious solici-
  An annual license renewed on May 1 of each                              tors.
(Code 2002, § 50-104; Ord. No. 1166, § 1(5-148),                Charitable and religious solicitors shall be re-
8-11-1998; Ord. No. 2322, § 50-104, 4-22-2014)               quired to have a business registration certificate,
                                                             provided that no fee shall be required for such
Sec. 50-105. Solicitors.                                     business registration certificate. The applicant
   Solicitors shall be required to have a business           shall show, to the satisfaction of the city, the
registration certificate. No such certificate shall          following:
be issued for such business activity, however,
except where the following requirements are met:                  (1)   The charity being represented is fully
                                                                        registered with the state to the extent
   (1)   In the event the solicitation is for advance                   required by law.
         payment of services or merchandise to be
         delivered later, the solicitor shall deposit             (2)   The religious organization meets the stan-
         with the city clerk a bond, certified check                    dards set forth in the definitions in sec-
         or cash in the amount of $1,000.00 in                          tion 50-101.
         favor of the city, such bond, check or cash
         (hereinafter "security") to be available for             (3)   Any merchandise or services involved in
         any claim made by any person who has                           the solicitation are described in full and
         not received the services or merchandise                       examples of such merchandise or services
         within the time and in the manner prom-                        are supplied with the application.

Supp. No. 2                                             CD50:11
§ 50-106                                           MUSKEGON CITY CODE

   (4) No security shall be required of a charita-               tained permission from the event sponsor and or
       ble or religious solicitor, provided the re-              lessee. This license also does not allow for the sale
       quirements of this section are met.                       of goods or services at any city-owned park/
(Code 2002, § 50-106; Ord. No. 1166, § 1(5-145),                 facility or farmer's market without a permit from
8-11-1998; Ord. No. 2322, § 50-106, 4-22-2014)                   the city.
    State law reference-Charitable organizations and solic-      (Ord. No. 2322, § 50-110, 4-22-2014)
itations act, MCL 400.271 et seq.
                                                                 Sec. 50-111. Special event parking down-
Sec. 50-107. Auctioneers.                                                     town.
   Auctioneers shall obtain a separate business                    Residents and businesses selling parking spaces
registration certificate for each auction held in                on their property during a city approved special
the city. No auction shall be held at the same                   event in the downtown district are required to
location for a period of more than three successive              obtain a license. At least one restroom facility
days in one period of 12 months, except that the                 must be made available to the public for 50-99
city clerk may, upon reasonable showing by the                   parking spaces being offered within 100 feet of a
auctioneer, provide for repeated licenses at a                   parcel and two restroom facilities be available
location of a sale of the contents of an estate or               within 100 feet on parcels selling 100 or more
large building or property if the city clerk deter-              parking spaces. Parcels may be combined as long
mines that the sale cannot be completed in one                   as they are contiguous. The license must be
period of three successive days.                                 prominently displayed at the entrance to the
(Code 2002, § 50-107; Ord. No. 1166, § 1(5-146),                 parking facility and if the number of parking
8-11-1998; Ord. No. 2322, § 50-107, 4-22-2014)                   spaces meets or exceeds 50, a sign must be
    State law references-Auctioneers and duties upon sales       prominently displayed indicating to the public
at auctions, MCL 446.51 et seq.; sale by auction, MCL 40.2328.   that a public restroom is available.
                                                                 (Ord. No. 2322, § 50-111, 4-22-2014; Ord. No.
Sec. 50-108. Display of business registra-                       2337, 3-24-2015)
             tion certificate.
                                                                 Secs. 50-112-50-130. Reserved.
   Every person having a registration certificate
under this article shall be required to display
such registration certificate upon demand of any                     ARTICLE V. ALCOHOLIC LIQUOR*
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 registra-                        DIVISION 1. GENERALLY
tion certificate on the person by any solicitor,                 Secs. 50-131-50-145. Reserved.
whether regular, charitable or religious, shall
constitute a violation of this chapter.
(Code 2002, § 50-108; Ord. No. 1166, § 1(5-147),                     DIVISION 2. LICENSE APPROVAL AND
8-11-1998; Ord. No. 2322, § 50-108, 4-22-2014)                       REVOCATION RECOMMENDATIONSt

Sec. 50-109. Hours of operation.                                 Sec. 50-146. Applications for issuance or re-
                                                                              newal, transfer of ownership or
   No peddler, solicitor, or canvasser shall engage                           location, or revocation of li-
in such business in the city after 8:00 p.m. or                               cense to sell beer, wine or spir-
sunset, whichever is earlier or before 9:00 a .m.                             its-Submission; contents.
(Ord. No. 2322, § 50-109, 4-22-2014)
                                                                    Applications for approval by the city of the
                                                                 issuance, transfer of owner or location, or renewal
Sec. 50-110. Restrictions.
                                                                    *State law reference-Michigan Liquor Control Code of
   Peddlers, solicitors, canvassers shall not oper-              1998, MCL 436.1101 et seq.
ate within 1,000 feet of any city approved special                  tState law reference-License approval and revocation
event or leased park, unless the vendor has ob-                  recommendations, MCL 436.1501.

Supp. No. 2                                                CD50:12
                                                  LICENSES                                             § 50-146

of any license to sell beer, wine or spirits shall be                   cense by reason of any matter or
made to the city commission, in writing, signed by                      thing contained in this article or the
the applicant, and shall contain the following                          laws of the state;
                                                                   h.   A statement that the applicant will
  (1)   Applications for issuance of a new license,                     not violate any of the laws of the
        or transfer of an existing license to a new                     state or of the United States or any
        licensee or transfer of an existing license                     ordinances of the city in the conduct
        to a new location:                                              of its business;

        a.   The name, age and address of the                      1.   The application shall be accompa-
             applicant, in the case of an individ-                      nied by building and plot plans show-
             ual; or, in the case of a copartner-                       ing the entire structure and prem-
             ship, the persons entitled to share in                     ises and in particular the specific
             the profits thereof, in the case of a                      areas where the license is to be uti-
             corporation, the objects for which                         lized. The plans shall demonstrate
             organized, the names and addresses                         adequate off-street parking, light-
             of the officers and directors, and, if a                   ing, refuse disposal facilities and,
             majority interest in the stock of such                     where appropriate, adequate plans
             corporation is owned by one person                         for screening, and noise control;
             or his nominee, the name and ad-                      j.   A statement that the applicant is in
             dress of such person;                                      possession of a certificate of occu-
                                                                        pancy, as required under city ordi-
        b.   The citizenship of the applicant, his
                                                                        nances, permitting occupancy of the
             place of birth, and, if a naturalized
                                                                        licensed premises or of the premises
             citizen, the time and place of his
                                                                        to be licensed;
                                                                   k.   A statement from the applicant and,
        c.   The character of business of the ap-                       when applicable, the applicant's
             plicant, and in the case of a corpora-                     transferor that all personal property
             tion, the object for which it was                          taxes and other fees and charges
             formed;                                                    lawfully due the city from either
        d.   The length of time such applicant                          applicant or the applicant's transferor
             has been in business of that charac-                       are fully paid.
             ter, or, in the case of a corporation,          (2)   Applications for renewal, if an existing
             the date when its charter was is-                     license:
                                                                   a.   The length of time such applicant
        e.   The location and description of the                        has been in business of that charac-
             premises or place of business which                        ter, or, in the case of a corporation,
             is to be operated under such license;                      the date when its charter was is-
        f.   A statement of whether the appli-                          sued;
             cant has made application for a sim-                  b.   A statement that the applicant has
             ilar or other license on premises other                    never been convicted of a felony and
             than described in this application,                        is not disqualified to receive a li-
             and the disposition of such applica-                       cense by reason of any in matter or
             tion;                                                      thing contained in this article or the
                                                                        laws of the state;
        g.   A statement that the applicant has
             never been convicted of a felony and                  c.   A statement that the applicant will
             is not disqualified to receive a Ii-                       not violate any of the laws of the

§ 50-146                                      MUSKEGON CITY CODE

                state or of the United States or any           (3)   The applicant must demonstrate, upon
                ordinances of the city in the conduct                request of the city manager, that he has
                of its business;                                     sufficient assets for the successful opera-
           d.   A statement that the applicant is in                 tion of the licensed premises.
                possession of a current certificate of         (4)   The licensed premises has not caused nor
                occupancy, as required under city                    will be likely to cause law enforcement
                ordinances, permitting occupancy of                  problems to the degree or extent that
                the licensed premises;                               effective law enforcement in the remain-
           e.   A statement from the applicant that                  der of the city has been, or will be, im-
                all personal property taxes and other                paired or denied.
                fees and charges lawfully due the              (5)   The licensed premises, or premises pro-
                city from the applicant are fully paid.              posed to be licensed, has in full force and
                                                                     effect a certificate of occupancy as re-
   (3)     Applications for revocation of an existing
                                                                     quired pursuant to city ordinances.
           a.   The name and address of the appli-             (6)   The applicant or applicant's transferor is
                cant;                                                current in payment to the city of personal
                                                                     property taxes, assessments, utilities and
           b.   The name and address of the li-                      any other lawful charges due the city.
                censee and the location of the li-
                censed premises;                               (7)   The licensed premises, or premises pro-
                                                                     posed to be licensed, has adequate off-
            A statement of the reasons why the                       street and on-street parking, lighting, re-
            city commission should recommend                         fuse disposal facilities, screening, and noise
            revocation of the license.                               or nuisance control.
(Code 1975, § 5-270; Code 2002, § 50-146)
                                                                 The licensed premises, or premises pro-
                                                                 posed to be licensed, is reasonably harmo-
Sec. 50-147. Same-Standards to be applied
                                                                 nious with adjacent land uses and with
             by the city commission in ap-
                                                                 the attitudes of adjacent residents and
             proving or denying applications.
                                                                 property owners; and that the premises
  The following are standards which shall govern                 have convenient access from abutting roads
the city commission in granting or denying any                   which are capable of accommodating in-
application for issuance, renewal, transfer to a                 creased commercial activity.
new licensee or a new location, or revocation of          (Code 1975, § 5-271; Code 2002, § 50-147)
any license to sell beer, wine and spirits:
                                                          Sec. 50-148. Procedure following objection
   (1)     The applicant, or the partners or share-
                                                                       to issuance, renewal, transfer
           holders of the applicant, must be of good
                                                                       to new licensee or new location,
           moral character whose criminal record
                                                                       and request for revocation.
           evidences the applicant's willingness and
           ability to obey city ordinances, state and        (a) Before filing an objection to the issuance,
           federal laws, and the regulations of the       renewal, or transfer to new licensee or new loca-
           state liquor control commission.               tion, or a request for revocation of a license with
                                                          the state liquor control commission, the city com-
   (2)     The chief of police has recommended grant-
                                                          mission shall serve the licensee, and, when appli-
           ing of the application; provided, however,
                                                          cable, his transferor, by first class mail, mailed
           that the chief of police, in determining
                                                          not less than ten days prior to hearing, with
           whether or not to recommend granting of
                                                          notice of a hearing, which notice shall contain the
           the application, shall apply as standards
           in so doing, those standards set forth in
           this article.                                       (1)   Notice of proposed action;

                                                LICENSES                                          § 50-172

  (2)   Reasons for the proposed action;              disorderly and/or dangerous behavior, including,
                                                      but not limited to, increased noise, loitering, lit-
  (3)   Date, time and place of hearing;
                                                      tering, fighting, jostling, roughly crowding, use
  (4)   A statement that the licensee or proposed     and/or display of weapons, public intoxication,
        licensee may present evidence and testi-      public indecency, obscene conduct, collecting in
        mony and confront adverse witnesses.          crowds for unlawful purposes, or any other dis-
   (b) Following the hearing, the city commission     ruptive, obnoxious, offensive, threatening or in-
shall submit to the license holder and, when          timidating behavior that contributes to the dis-
applicable, proposed licensee, and the state liquor   turbance of the peace and quiet.
control commission, a written statement of the           Owner means any person who possesses or has
city's findings and determination.                    any legal or equitable interest in a business
(Code 1975, § 5-272; Code 2002, § 50-148)             establishment. The term "owner" also means any
                                                      person who has or exercises control, custody or
Secs. 50-149-50-170. Reserved.                        dominion over any property and/or business es-
                                                      tablishment. As used in this article, for purposes
                                                      of notification, the term "the owner," "an owner"
ARTICLE VI. PUBLIC NUISANCES NEAR                     or "owner" shall mean the owner/manager indi-
    BUSINESS ESTABLISHMENTS                           cated on the business registration application
                                                      filed with the city clerk to obtain a certificate of
Sec. 50-171. Definitions.                             registration pursuant to section 50-33.
  The following words, terms and phrases, when          Property means any land, structure, house,
used in this article, shall have the meanings         building, premises or any part thereof.
ascribed to them in this section, except where the    (Ord. No. 2245, § 50-171, 7-22-2008)
context clearly indicates a different meaning:
   Business activity means any action or acts of      Sec. 50-172. Findings with respect to disor-
buying, selling, leasing, renting, or otherwise                    derly and/or dangerous con-
marketing, any goods, services, merchandise or                     duct.
commodities of any kind or description, whether
                                                         (a) The city determines that whenever re-
or not conducted from a business establishment.
                                                      peated instances of disorderly and/or dangerous
   Business establishment means any lot, building     behavior occur on or near any business establish-
or structure, or a part thereof, including, without   ment, and that business establishment is repeat-
limitation, leased or occupied space in a mall,       edly the site of disruptive public behavior, a
store or building, located within the corporate       public nuisance results. Such a public nuisance
limits of the city, from which a person engages in    results from the increased criminal activity that
or causes to be engaged in any act of buying,         occurs in the neighborhood surrounding the rele-
selling, leasing, renting, or otherwise disposing     vant business establishment, the fear engendered
of, performing or marketing, any goods, services,     in the minds of the public and the disturbance of
merchandise or commodities of any kind or de-         the peace and quiet of those people living, recre-
scription.                                            ating, shopping and/or doing business in the neigh-
                                                      borhood surrounding the business establishment.
  Nuisance means any act or omission to act on
the part of any person or group of people which          (b) A public nuisance is created where a busi-
creates or permits the existence of a situation       ness establishment or its effect on the neighbor-
which annoys, injures or endangers the peace,         hood in which it is located is not reasonably
welfare, order, health or safety of the public in     harmonious with adjacent land uses and with the
their persons, private property or public property,   attitudes of adjacent residents and property own-
including public sidewalks, parking lots, streets     ers. A public nuisance may be one that causes law
and alleyways surrounding business establish-         enforcement problems to the degree that effective
ments within the city. A nuisance results from        law enforcement in the remainder of the city has

§   50-172                                   MUSKEGON CITY CODE

been or will be impaired or denied. A finding that       determination based solely upon the evidence
a business establishment is a public nuisance is         presented at the public evidentiary hearing. In
not dependent upon any wrongdoing attributed to          conducting the public evidentiary hearing, the
the owner, bur rather a showing that the disor-          hearing officer shall afford the owner, city person-
derly and/or dangerous conduct continues to exist        nel, other witnesses, and interested parties an
at the owner's business establishment.                   opportunity to present relevant and material ev-
(Ord. No. 2245, § 50-172, 7-22-2008)                     idence and to make arguments as to factual or
                                                         legal issues. Cross examination of opposing wit-
Sec. 50-173. Declaration of public nuisance.             nesses shall be permitted. The owner may appear
                                                         in person and be represented by an attorney. Lay
   (a) Whenever repeated instances of disorderly         representation is not permitted. In conducting its
and/or dangerous conduct, as outlined in section         public evidentiary hearing, the hearing officer
50-172, occurs on or near any business establish-        shall not be bound by the rules of evidence and
ment, the city commission may declare, by reso-          may admit and give weight to probative evidence
lution, that the business establishment is a public      of a nature that is commonly relied upon by
nuisance and order that the nuisance be abated           reasonably prudent individuals in the conduct of
as provided in this article. Such a declaration may      their affairs. Irrelevant, incompetent and imma-
occur only after there has been notice given to the      terial evidence and unduly repetitious evidence
owner of the business establishment and the              shall be excluded. A record of said hearing shall be
owner has had an opportunity to be heard at a            made.
public hearing.                                          (Ord. No. 2245, § 50-173, 7-22-2008)
   (b) Notice of the public hearing shall be given       Sec. 50-174. Abatement of nuisance and
to the owner and shall consist of personal service                    costs; posting; recording and
or the mailing of a certified letter to the owner at                  listing of public nuisances.
the mailing address indicated on the business
registration application filed with the city clerk to      If the hearing officer determines by a prepon-
obtain a certificate ofregistration for the business     derance of the evidence that a business establish-
establishment pursuant to section 50-33. The             ment is a public nuisance, the city commission
notice shall state the nature of the alleged nui-        may, by resolution, in addition to any other rem-
sance and the time, date and location of the             edies available to the city at law or in equity,
hearing. If the notice is served by certified mail, it   order abatement of the nuisance. The resolution
shall be delivered with a return receipt requested       shall state the factual findings and the basis for
according to the practices of the post office. Re-       the decision of the hearing officer in writing.
ceipt of the return receipt card by the city indi-            (1)   The abatement process shall be conducted
cating the owner or a representative of the owner                   as follows:
has received such notice shall be deemed notice to
the owner. It shall not be necessary that the card                  a.   If it is determined that the business
be returned if the certified mail has been refused                       establishment is to be closed tempo-
or there is other evidence that the owner has                            rarily, the city commission shall or-
received notice. Such notice to an owner shall                           der that all business activity end
occur by the said mailing with postmark or per-                          and declare that all business activity
sonal delivery at least 14 calendar days prior to                        is prohibited and authorize the po-
the date of the public hearing.                                          lice department to prohibit any busi-
                                                                         ness activity from occurring at the
   (c) The city commission may appoint a hearing                         business establishment for a period
officer to conduct the public hearing. The hearing                       of up to 30 days for the first offense,
officer, acting in a quasi-judicial capacity, shall                      up to 60 days for a second offense
make a determination as to whether a public                              committed by the same owner within
nuisance exists under the standards established                          12 months from the last day of the
by this article. The hearing officer shall make this                     first closure, and up to 90 days for a

                                                  LICENSES                                           § 50-202

              third offense committed by the same       Sec. 50-175. Appeal.
              owner within 12 months from the
              last day of the second closure;             (a) An owner aggrieved by any final determi-
                                                        nation by the city commission under this chapter
         b.   Determine that the owner shall be         may appeal the determination to the circuit court
              liable for the full cost of any materi-   within 21 days of the date of the decision.
              als and personnel (including police
              and any other city employees or con-         (b) The circuit court shall review the city com-
              tractors) involved in ensuring that       mission's decision to determine whether it is in
              no business activity occurs at the        violation of the law, has been procured by fraud, if
              business establishment; and/or            an abuse of discretion exists, and whether the
                                                        decision is supported by competent, substantial
         c.   Determine that the costs set out
                                                        and material evidence on the record as a whole.
              herein shall be a personal debt of the
                                                        The circuit court's review shall be made upon the
              owner and/or assess those costs
                                                        record made before the hearing officer. It is the
              against the business establishment
                                                        responsibility of the appealing party to demon-
              as a lien as provided for in this
                                                        strate error, and to present and settle the record.
              article and by law, or both.
                                                        The court may return the matter for further
   (2)   The posting, recording and listing of pub-     hearing, reverse or modify the decision of the city
         lic nuisances shall be as follows:             commission, or affirm the same. If the court
         a.   Whenever the city commission shall        affirms the action of the city, or modifies it, the
              have ordered a business establish-        court may provide any order or relief it deems
              ment to be closed temporarily, the        appropriate to enforce and aid in the enforcement
              police department shall post a notice     of this article and the action of the city.
              so stating at each entrance to any        (Ord. No. 2245, § 50-175, 7-22-2008)
              building on the property and shall
              replace any notices that are missing      Secs. 50-176-50-200. Reserved.
              or unreadable.
         b.   The city clerk shall maintain a list of   ARTICLE VII. ELECTRONIC REPORTING:
              those business establishments that         PAWN SHOPS, SECONDHAND DEALERS
              have been declared to be a public          AND PRECIOUS METAUGEM DEALERS
              nuisance and of the remedy ordered
              by the city commission. Immediately       Sec. 50-201. Purpose of article.
              upon a declaration of public nui-
              sance as provided for herein, the city       The purpose of this article is to improve the
              clerk shall add the business estab-       system of reporting to law enforcement officials
              lishment to the list. A list of such      all items collected by pawn brokers, secondhand
              properties shall be available for pub-    dealers and precious metal/gem dealers for the
              lic inspection at the city clerk's of-    purpose of aiding law enforcement in locating and
              fice.                                     retrieving stolen property.
         c.   No person other than an authorized        (Ord. No. 2311, § 50-201, 5-14-2013)
              city employee shall tamper with, dam-
              age, alter, destroy or remove any         Sec. 50-202. Electronic filing required.
              notice posted by the city.                   (a) Pursuant to state statutes, MCL 445.404,
         d. The city may, at its discretion, record     445.405, 446.205 and 445.484, second hand or
            an affidavit setting forth its findings     junk dealers, pawnbrokers, and precious metal
            under this article and the remedies         and gem dealers are all required to keep detailed
            determined to apply to the property         records of all articles received during the course of
            at the county register of deeds.            business and to send a copy of all such records to
(Ord. No. 2245, § 50-174, 7-22-2008)                    local law enforcement.

Supp. No. 2                                        CD50:17
§   50-202                                  MUSKEGON CITY CODE

   (b) All such required reports shall be submit-       clerk and conformance with the regulations estab-
ted electronically using the services of an elec-       lished by this article may temporarily park and
tronic reporting service company selected by the        engage in the service, sale, or distribution of
city. All such filings shall comply with all require-   ready to eat food for individual portion service to
ments regarding the specific information to be          the general public directly from the vehicle.
supplied and time frame for doing so, as outlined
within the applicable state statute. Each transac-         Mobile food vehicle vendor means the regis-
tion report shall include a digital photograph of       tered owner of a mobile food vehicle or the owner's
the article attached to the electronic transfer.        agent or employee; and referred to in this article
(Ord. No. 2311, § 50-202, 5-14-2013)                    as "vendor".
                                                        (Ord. No. 2321, § 50-301, 4-22-2014)
Sec. 50-203. Penalty.
                                                        Sec. 50-302. Scope.
   If a pawn broker, secondhand or junk dealer, or
a precious metal/gem dealer does not comply with           The provisions of this article apply to mobile
this article and/or any applicable state law, their     food vehicles/trailers/stands engaged in the busi-
license may be revoked for a period of up to one        ness of cooking, preparing and distributing food
year. In addition, violation of this article shall      or beverage with or without charge upon or in
result in the imposition of a civil fine, pursuant to   public and private restricted spaces. This article
section 46-204.                                         does not apply to vehicles which dispense food
(Ord. No. 2311, § 50-203, 5-14-2013)                    and that move from place to place and are sta-
                                                        tionary in the same location for no more than 30
Secs. 50-204-50-300. Reserved.                          minutes at a time, such as ice cream trucks.
                                                        (Ord. No. 2321, § 50-302, 4-22-2014; Ord. No.
                                                        2336, 3-24-2015)
                                                        Sec. 50-303. License required.
Sec. 50-301. Definitions.                                 (a) It shall be unlawful for any person, includ-
  The following words, terms and phrases, when          ing any religious, charitable or nonprofit organi-
used in this article, shall have the meanings           zation, to operate within the city a mobile food
ascribed to them in this section, except where the      vehicle/trailer/stand without having obtained from
context clearly indicates a different meaning:          the city clerk a license for that purpose.

   Mobile food stand means a stand which may               (b) A person desiring to operate a mobile food
upon issuance of a license by the city clerk and        vehicle/trailer/stand shall make written applica-
conformance with the regulations established by         tion for such license to the city clerk. The appli-
this article may temporarily park and engage in         cation for a license shall be on forms provided by
the service, sale, or distribution of ready to eat      the city clerk.
food for individual portion service to the general
public directly from the stand.                           (c) Proof of insurance in the amount of
                                                        $1,000,000.00 naming the city as additional in-
   Mobile food trailer means a vehicle which may        sured must be provided.
upon issuance of a license by the city clerk and
conformance with the regulations established by            (d) All vendors receiving a license under this
this article may temporarily park and engage in         article shall pay the monthly fee as set by the fee
the service, sale, or distribution of ready to eat      resolution.
food for individual portion service to the general
                                                           (e) A license is valid for one vehicle/trailer/
public directly from the trailer.
                                                        stand only and shall not be transferred between
  Mobile food vehicle means a motorized vehicle         vehicles.
which may upon issuance of a license by the city        (Ord. No. 2321, § 50-303, 4-22-2014)

Supp. No. 2                                        CD50:18
                                                 LICENSES                                           § 50-304

Sec. 50-304. Regulations.                                 (g) No flashing or blinking lights, or strobe
                                                       lights are allowed on mobile food vehicles/trailers/
   (a) No operator of a mobile food vehicle/trailer/
                                                       stands or related signage when the vehicle/trailer/
stand shall park, stand or move a vehicle and
                                                       stand is parked and engaged in serving custom-
conduct business within areas of the city where
                                                       ers. All exterior lights with over 60 watts shall
the license holder has not been authorized to
                                                       contain opaque, hood shields to direct the illumi-
operate. The city commission shall by resolution
                                                       nation downward.
identify those streets and public areas where
parking by mobile food vehicles/trailers/stands is
permitted.                                                (h) Mobile food vehicles/trailers/stands when
                                                       parked on public streets shall be parked in con-
   (b) The customer service area for mobile food       formance with all applicable parking restrictions,
vehicles/trailers/stands shall be on the side of the   and shall not hinder the lawful parking or oper-
truck that faces a curb, lawn or sidewalk when         ation of other vehicles.
parked on a street or right-of-way. No food service
shall be provided on the driving lane side of the         (i) A mobile food vehicle/trailer/stand shall not
vehicle/trailer/stand when parked on a street or       be parked on the street between the hours of 3:00
right-of-way. No food shall be prepared, sold, or      a.m. and 6:00 a.m. or left unattended and unse-
displayed outside of mobile food vehicles/trailers/    cured at any time. Any mobile food vehicle/trailer/
stands when located on a city street or right-of-      stand found to be unattended shall be considered
way.                                                   a public safety hazard and may be ticketed and
   (c) No mobile food stand may be larger than         impounded.
ten feet by ten feet nor more than 75 square feet
in size. A five foot clearance must be maintained         (j) A vendor shall not operate within 1,000 feet
on all sides of the stand within the maximum           of any city approved special event or leased park,
space allotted.                                        unless the vendor has obtained permission from
                                                       the event sponsor and or lessee. This license also
   (d) Customers shall be provided with single         does not allow for the sale of goods or services at
service articles such as plastic utensils and paper    any city-owned park/facility or farmer's market
plates and a waste container for their disposal. All   without a permit from the city.
mobile food vehicle vendors shall offer a waste
container for public use which the vendor shall           (k) The issuance of a mobile food vehicle/trailer/
empty at its own expense. All trash and garbage        stand license does not grant or entitle the vendor
originating from the operation of mobile food          to the exclusive use of any service route or park-
vehicles/trailers/stands shall be collected and dis-   ing space to the license holder.
posed of off-site by the operators each day. Spills
of food or food by-products shall be cleaned up,          (1) A vendor shall not operate on private prop-
and no dumping of gray water on the streets is         erty without first obtaining written consent to
allowed.                                               operate from the affected private property owner.
  (e) No mobile food vehicle/trailer/stand shall       A private property owner shall not permit park-
make or cause to be made any unreasonable or           ing by a mobile food vehicle/trailer/stand until a
excessive noise. The operation of all mobile food      license has been obtained to allow for such use.
vehicles/trailers/stands shall meet the city noise
ordinance, including generators. No loud music,           (m) No mobile food vehicle/trailer/stand shall
other high-decibel sounds, horns, or amplified         use external signage, bollards, seating or other
announcements are allowed.                             equipment not contained within the vehicle when
                                                       parked on city streets or right-of-ways. When
   (f) Signage is only allowed when placed on          extended, awnings for mobile food vehicles/trailer/
mobile food vehicles/trailers/stands. No separate      stand shall have a minimum clearance of seven
freestanding signs are permitted on city streets,      feet between the ground level and the lowest
right-of-ways, or city-owned property.                 point of the awning or support structure.

Supp. No. 2                                       CD50:19
§ 50-304                                   MUSKEGON CITY CODE

   (n) Any power required for the mobile food
vehicle/trailer/stand located on a public way shall
be self-contained and a mobile food vehicle/trailer/
stand shall not use utilities drawn from the public
right-of-way. Mobile food vehicles/trailers/stands
on private property may use electrical power from
the property being occupied or an adjacent prop-
erty, but only when the property owner provides
written consent to do so. All power sources must
be self-contained. No power cable or equipment
shall be extended at or across any city street,
alley sidewalk, or right-of-way.
  (o) Mobile food vehicles/trailers/stands shall
not be parked within 50 feet of an existing brick
and mortar restaurant during the hours when
such restaurant is open to the public for business,
or closer than 50 feet from another approved
mobile food vehicle/trailer/stand unless the ven-
dor has obtained permission from the restaurant.
(Ord. No. 2321, § 50-304, 4-22-2014; Ord. No.
2336, 3-24-2015)

Supp. No. 2                                       CD50:20

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