Article 26-2 . ITINERANT AND TRANSIENT MERCHANTS AND SOLICITORS

ARTICLE II.
ITINERANT AND TRANSIENT MERCHANTS AND SOLICITORS¹²

26-19. 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:

Enforcement officer shall mean any code enforcement officer of the Charter Township of Port Huron and all Charter Township of Port Huron Administrative Officers and their designees.

Peddler shall mean any person, whether a resident of the township or not, or any firm, partnership, corporation or other business entity, traveling by foot, wagon, automotive vehicle or any other type of conveyance, from place to place, from house to house, or from street to street, carrying, conveying or transporting goods, wares, merchandise, magazines, meats, fish, vegetables, fruits, garden truck, farm products or provisions offering and exposing the same for sale or rent, or making sales or rentals and delivering articles to purchasers or renters; and further provided that one who solicits orders and, as a separate transaction, makes deliveries to purchasers or renters as part of a scheme or design to evade the provisions of this article, shall be deemed a "peddler" subject to the provisions of this article. The word "peddler" shall include the words "hawker" and "huckster."

Solicitor shall mean and include any person, whether a resident of the township or not, traveling either by foot, wagon, automotive vehicle or any other type of conveyance, from place to place, from house to house or from street to street, taking or attempting to take orders for the sale of goods, wares, merchandise, books, magazines or personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such person has, carries or exposes for sale a sample of the subject of such sale or whether he is collecting advance payments on such sales or not. The word "solicitor" shall include any person who, for himself or for another person, hires, leases, uses or occupies any building, structure, tent, railroad boxcar, boat, hotel room, lodging house, apartment, shop or any other place within the township for the sole purpose of exhibiting samples and taking orders for future delivery. The word "solicitor" shall include the word "canvasser."

Secondhand dealer means any person engaging in the business of purchasing, selling, exchanging, trading or receiving secondhand articles of any kind, but shall not be deemed to include any person operating as a used car dealer, pawnbroker, or precious metals and gem dealer.

Special transient merchant means any person, whether as owner, agent, consignee or employee, whether a resident of the township or not, who engages in a temporary business of selling and delivering food prepared and intended for immediate consumption, and in compliance with applicable health codes, from a fixed location within the township, and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, tent, railroad boxcar, or boat, public rooms in hotels, motels, lodging houses, apartments, shops, or other place within the township, for the exhibition and sale of such food prepared and intended for immediate consumption. The person so engaged shall not be relieved from complying with the provisions of this section merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such transient business in connection with, as a part of, or in the name of any local dealer, trader or merchant.

Transient merchant means any person, whether as owner, agent, consignee or employee, whether a resident of the township or not, who engages in a temporary business of selling and delivering goods, wares and merchandise from a fixed location within the township, and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, tent, railroad boxcar, or boat, public rooms in hotels, motels, lodging houses, apartments, shops, or other place within the township, for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction excluding any person who, while occupying such temporary location does not sell from stock, but exhibits samples only for the purpose of securing orders for future delivery only. The person so engaged shall not be relieved from complying with the provisions of this section merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such transient business in connection with, as a part of, or in the name of any local dealer, trader, merchant or auctioneer. Any person engaging in any of the activities identified in this definition for a period of less than six months consecutively shall be prima facie evidence that such person is a transient merchant within the meaning and intent of this article.

(Res. of 12-17-2007, Art. I(1))

26-20. Peddlers.

(a) License and certification required; fees; group permits.

(1) Required certification. No person shall engage in the business of a peddler without first obtaining a license therefor issued pursuant to this article. No such license shall be granted except upon certification of the township clerk. A license issued to an applicant under this section shall be in the form of a photo identification to be displayed when engaged in business of peddler.

(2) Fee; term. the fee for a peddler’s license shall be as set by resolution of the township board form time to time. The term of such license shall be determined by the amount of the license fee paid.

(3) Group permit. Whenever more than one person is involved in peddling on behalf of the same individual, business, organization or group, such person may apply for a group permit. Each peddler will be required to obtain an individual license and, accordingly, must supply the township clerk with the information required. There shall be an additional charge as set by resolution of the township board from time to time for each additional person.

(b) Application for permit and license.

(1) Applicants for a peddler’s permit and license required under this article must file with the township clerk a sworn application in writing on a form to be furnished by the township clerk, which shall give the following information:

a. The name and description of the applicant.

b. Address (legal and local).

c. A brief description of the nature of the business and the goods to be sold.

d. If employed, the name and address of the employer, together with credentials establishing the exact relationship.

e. The length of time for which the right to do business is desired.

f. If a vehicle is to be used, a description of the vehicle, together with the license number or other means of identification.

g. A date of birth establishing the applicant is at least 16 years of age. Any applicant under 16 years of age must have a parent or guardian apply as a co-applicant for such license.

(2) The applicant will be required to sign a privacy act release authorization form.

(1) Upon receipt of the application for a license or permit required under this article, the township shall cause its enforcement officer to conduct such investigation of the applicant’s business and moral character to be made as deemed necessary for the protection of the public good. The code enforcement officer shall also determine if the applicant’s proposed business activity would violate township ordinance or state law.

(2) If, as a result of such investigation, the applicant’s character or business responsibility of the applicant is found to be unsatisfactory and the proposed business activity is found to violate township ordinance or state law, the enforcement officer shall endorse on such application his disapproval and reasons for the disapproval and return the application to the township clerk, who shall notify the applicant that the application is disapproved and that no license shall be issued.

(3) If, as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory and the proposed business activity would not violate township ordinance or state law, the enforcement officer shall endorse on the application the approval and return such application to the township clerk, who shall, upon receipt of payment of the prescribed license fee, deliver to the applicant the license.

(4) Each applicant for an initial license shall pay, in advance, an investigation fee as set by resolution of the township board from time to time.

(5) A license application submitted under this article shall either be approved or denied within seven days from the date the application is submitted.

(d) Exhibition of license. A person licensed under this article shall display such license on his person so the license is clearly visible on casual inspection by any citizen or enforcement officer. This section shall be construed to mean the license shall be worn on a front shirt pocket or coat lapel where practicable.

(e) Stopping on or obstructing streets or other public places.

(1) No peddler shall stop or remain in any one place upon any street, alley or public place longer than necessary to make a sale to a customer wishing to buy. Any peddler using a vehicle, when stopped, shall place the vehicle parallel to and within 12 inches of the curb and shall depart from such place as soon as the sale has been completed with customers actually present.

(2) No peddler, in the sale of goods, wares and merchandise, shall obstruct any street, alley, sidewalk or driveway, except as may be necessary and reasonable to consummate a sale.

(f) Peddling prohibited in certain places; times of operation. No peddler shall remain or barter, sell, offer or expose for sale any goods, wares or merchandise in front of or at the side of any property against the wish or desire of the property owner or the tenant or occupant of such property nor within 500 feet of the entrance to any school building, between the hours of 8:00 a.m. and 5:00 p.m. on days when school is in session, nor on those portions of streets on which a public park abuts, provided, however, a peddler may conduct such authorized activity within a public park so long as there is no existing concession stand in operation within the park. No peddler shall engage in peddling on any street, alley or public place after having been requested to desist by any police officer because of congested or dangerous traffic conditions. No peddler shall engage in peddling anywhere within the township except between 9:00 a.m. and dusk. no peddler shall engage in business on any state trunk line highway or county road within the township.

(g) Creation of noise to attract attention. No peddler shall shout or cry out their goods or merchandise or blow any horn, ring any bell or use any other similar device to attract the attention of the public. This section shall not apply to ice cream trucks.

(h) Prohibited conduct. The following conduct, in addition to any other penalties imposed, shall be punishable as a violation of this article, and the license shall be subject to immediate suspension:

(1) Entering a private residence under pretenses other than for peddling;

(2) Remaining in a private residence or on the premises thereof after the owner or occupant thereof has requested any such person to leave;

(3) Going in and upon the premises of a private residence by such person to peddle when the owner or occupant thereof has displayed a no soliciting or no peddling sign on such premises;

(4) Peddling at a private residence prior to 9:00 a.m. or after 9:00 p.m;

(5) Peddling on a street or within an area which has been closed by the township for an art fair, street fair or other events, except where special permits are issued.

(6) Engaging in business activities that violate township ordinance and/or state law.

(i) Exemptions.

(1) The following shall be exempt from this article:

a. Newspaper peddlers;

b. Persons traveling on an established route at the request, express or implied, of their customers;

c. Salespersons calling on business establishments;

d. Any persons under 18 years of age when engaged in peddling on foot in the neighborhood of their residence under the direct supervision of any school or recognized charitable or religious organization;

(2) The following shall be exempt from the payment of license fees but shall be subject to all other sections of this article:

a. Church, charitable or labor organizations;

b. Educational or fraternal societies, their officers or agents; and

c. Any political group.

(3) Any person claiming an exemption under subsection (b), of this section shall provide proof satisfactory to the township clerk of his exempt status.

(Res. of 12-17-2007, Art. 2(1–9))

26-21. Solicitors.

(a) License and certification required; fees; group permits.

(1) Required certification. No person shall engage in the business of solicitor, within the township, without first obtaining a license therefor issued pursuant to this article. No such license shall be granted except upon certification of the township clerk. A license issued under this section to an applicant shall be in the form of a photo identification to be displayed when engaged in the business of solicitor.

(2) Fee; term. The fee for a solicitor’s license shall be as set by resolution of the township board from time to time. The term of such license shall be determined by the amount of the license fee paid.

(3) Group permit. Whenever more than one person is involved in soliciting on behalf of the same individual, business, organization or group, such person may apply for a group permit. Each solicitor will be required to obtain an individual license and, accordingly, must supply the township clerk with the information required. There shall be an additional charge as set by resolution of the township board from time to time for each additional person.

(b) Application for permit and license.

(1) Applicants for a solicitor’s license required under this article must file with the township clerk a sworn application in writing on a form to be furnished by the township clerk, which shall give the following information:

a. The name and description of the applicant;

b. Address (legal and local);

c. A brief description of the nature of the business and the goods to be sold;

d. If employed, the name and address of the employer, together with credentials establishing the exact relationship;

e. The length of time for which the right to do business is desired;

f. If a vehicle is to be used, a description of the vehicle, together with license number or other means of identification;

g. A date of birth establishing the applicant is at least 16 years of age. Any applicant under 16 years of age must have a parent or guardian apply as a co-applicant for such license;

(2) The applicant will be required to sign a privacy act release authorization form.

(1) Upon receipt of the application for the license required under this article, the township shall cause its enforcement officer to conduct such investigation of the applicant’s business and moral character as deemed necessary for the protection of the public good. The code enforcement officer shall also determine if the applicant’s proposed business activity would violate township ordinance or state law.

(2) If, as a result of such investigation, the applicant’s character or business responsibility of the applicant is found to be unsatisfactory and the proposed business activity is found to violate township ordinance or state law, the enforcement officer shall endorse on such application his enforcement officer to disapproval and reasons for the disapproval and return the application to the township clerk, who shall notify the applicant that the application is disapproved and that no license shall be issued.

(4) Each applicant for an initial license shall pay, in advance, an investigation fee as set by resolution of the township board from time to time.

(5) A license application submitted under this article shall either be approved or denied within seven days from the date the application is submitted.

(e) Prohibited conduct. The following conduct, in addition to any other penalties imposed, shall be punishable as a violation of this article, and the license shall be subject to immediate suspension under section 12-43(d):

(1) Entering a private residence under pretenses other than for soliciting;

(2) Remaining in a private residence or on the premises thereof after the owner or occupant thereof has requested any such person to leave;

(3) Going in and upon the premises of a private residence by such person to solicit when the owner or occupant thereof has displayed a no soliciting or no peddling sign on such premises;

(4) Soliciting at a private residence prior to 9:00 a.m. or after 9:00 p.m.;

(5) Soliciting on a street or within an area which has been closed by the township for an art fair, street fair or other events, except where special permits are issued.

(6) Engaging in business activities that violate township ordinance and/or state law.

(f) Exemptions.

(1) The following shall be exempt from this article:

a. Persons soliciting as the duly authorized representatives or agents of any church, charitable or labor organization; educational or fraternal organization; or any political group seeking funds or membership or contacting members or electors;

b. Persons traveling on an established route at the request, expressed or implied, of their customers;

c. Newspaper salespersons;

d. Salespersons calling on business establishments;

e. Any persons under 18 years of age, when engaged in soliciting in the neighborhood of their residence under the direct supervision of any school or recognized charitable or religious organization.

(Res. of 12-17-2007, Art. 3(1–6))

26-22. Transient merchants.

(a) License and certification required.

(1) Required certification. No person shall engage in the business of a transient merchant or a special transient merchant without first obtaining a license therefor issued pursuant to this article. No such license shall be granted except upon certification of the township clerk. A license issued to an applicant under this section shall be in the form of a photo identification to be displayed when engaged in business.

(2) Fee; term; maximum licenses. For each transient merchant’s license, the applicant shall pay in advance a license fee which shall cover up to a 30-consecutive-day sale period; however, no more than four shall be issued per year, per applicant. The license fee shall be set by resolution of the township board, from time to time.

(3) Multiple locations. When the applicant has more than one transient merchant location, there will be a fee assessed per additional location.

(b) Application for permit and license.

(1) Applicants for a license required under this article must file with the township clerk a sworn application in writing on a form to be furnished by the township clerk, which shall give the following information:

a. The name of the person in charge and responsible for conduct of the sale; the local address of such person while engaged in such business; the permanent address of such person; the name and address of the owner of goods to be sold.

b. The place in the township where the sale is to be held and the length of time during which it is proposed that such business shall be conducted.

c. The place, other than the permanent place of business of the applicant, where the applicant, within the six months next preceding the date of such application, conducted a transient business, stating the nature thereof and giving the post office and street address of any building or office in which such business was conducted.

d. Credentials from the person for which the applicant proposes to do business, authorizing the applicant to act as such representative.

e. Such other reasonable information as to the identity or character of the person having the management or supervision of the applicant’s business or the method or plan of doing such business as the township clerk may deem proper to fulfill the purpose of this article and article II of this chapter in the protection of the public good.

f. A date of birth establishing the applicant is at least 16 years of age. Any applicant under 16 years of age must have a parent or guardian apply as a co-applicant for such license.

(2) The applicant will be required to sign a privacy act release authorization form.

(1) Upon receipt of such application for a license or permit required under this article, the township shall cause its enforcement officer to conduct such investigation of the applicant’s business and moral character to be made as deemed necessary for the protection of the public good. The code enforcement officer shall also determine if the applicant’s proposed business activity would violate township ordinance or state law.

(2) If, as a result of the investigation, the applicant’s character or business responsibility of the applicant is found to be unsatisfactory and the proposed business activity is found to violate township ordinance or state law, the enforcement officer shall endorse on such application his disapproval and reasons for disapproval and return the application to the township clerk, who shall notify the applicant that the application is disapproved and that no license shall be issued.

(3) If, as a result of the investigation, the character and business reputation of the applicant appear to be satisfactory and the proposed business activity would not violate township ordinance or state law, the enforcement officer shall endorse on the application his approval and return such application to the township clerk, who shall, upon receipt of payment of the prescribed license fee, deliver to the applicant the license, a license shall be issued by the township clerk.

(4) Each applicant for an initial license shall pay, in advance, an investigation fee as set by resolution of the township board from time to time.

(5) A license application submitted under this article shall either be approved or denied within seven days from the date the application is submitted.

(d) Exhibition of license. A person licensed under this article shall display such license conspicuously in the place of business named therein and shall contain a photo identification of the applicant.

(e) Special transient merchant license; conditions.

(1) A special transient merchant license may be issued for a period of up to seven months under the following conditions:

a. The application for a special transient merchant license must meet all the requirements provided elsewhere in this article for a transient merchant;

b. The special transient merchant shall only vend food items prepared and intended for immediate consumption.

c. The issuance of a special transient merchant license shall not be approved unless the enforcement officer shall find in each case, that:

i. The business and the proposed location for the licensee to conduct business will not create any threat to the public’s health, safety and welfare and will not unduly aggravate any traffic problem in the area.

ii. The proposed use will not be injurious to the surrounding neighborhood.

iii. The proposed use shall not cause traffic congestion or movement out of proportion to that normally prevailing in the particular district.

iv. The proposed use shall provide sufficient space for the required off-street parking of all vehicles attracted by its presence and shall abide by the regulations set forth in this chapter for its particular district or use.

v. The proposed use will not violate any ordinance of Port Huron Charter Township, including but in now way limited to any zoning, building, electrical, plumbing, construction, or blight ordinances or laws.

(2) Fees for a special transient merchant license shall be the same as a transient merchant, which is set by resolution of the township board. If the special transient merchant has a permanent business location within the township for the sale of food products, no fee shall be required.

(f) Exceptions. This Article shall not apply to the following:

(1) Transient merchants making sales for charitable, religious or public purposes;

(2) Sales made by persons or organizations where such sale is sponsored and supervised by an organization conducted for charitable, religious or public purposes;

(3) Transactions commonly described as yard, garage, basement, and like sales;

(4) Any person foreclosing any chattel mortgage, when the property is disposed of under the power of sale contained in such instrument and not sold at retail; or

(5) Sales made under order of any court.

(Res. of 12-17-2007, Art. 4(1–6))

26-23. Secondhand dealers.

(a) License and certification required; fees.

(1) Required certification. No person shall engage in the business of a secondhand dealer, within the township, without first having obtained a license therefor issued pursuant to this article. No such license shall be issued except upon certification of the township clerk. In addition to any investigation conducted pursuant to subsection (c), of this section, the clerk shall consider whether the proposed business will tend to create a hazard to the public health, tend to unduly depreciate property in the area, retard the natural development of the area or be a violation of this Code.

a. A license issued to an applicant under this section shall be in the form of a photo identification to be displayed when engaged in business.

(2) Annual fee. The annual fee for such license shall be set by resolution of the township board from time to time.

(b) Application for permit and license.

(1) Applicants for a license required under this article must file with the township clerk a sworn application in writing on a form to be furnished by the township clerk.

a. The applicant will be required to sign a privacy act release authorization form.

(4) Each applicant for an initial license shall pay, in advance, an investigation fee as set by resolution of the township board from time to time.

(5) A license application submitted under this article shall either be approved or denied within seven days from the date the application is submitted.

(d) Exhibition of license; business sign. Every secondhand dealer shall post, in a conspicuous place in or upon his shop, store, wagon, boat or other place of business, a sign having his name and occupation legibly inscribed thereon and shall display a license issued hereunder in his place of business so the license is clearly visible on casual inspection by any citizen or enforcement officer.

(e) Record of transactions. Every secondhand dealer shall keep a separate book, to be known as the receipt book, which shall be open to inspection by any enforcement officer and in which shall be written, in the English language, at the time of the purchase or exchange of any secondhand article, a description of the article; the name, description and residence of the person from whom the article was purchased or received; and the day and hour when such purchase or exchange was made. Each entry shall be numbered consecutively commencing with number 1.

(f) Retention and tagging of articles purchased or received. Every article, with the exception of coins, purchased or received by any secondhand dealer shall be retained by him for at least 15 days before disposing of it, in an accessible place in the building where such article is purchased or received. Notwithstanding the above, there may be off-site storage with the approval and at the discretion of the enforcement officer. A tag shall be attached to such article in some visible and convenient place, with a number written thereupon corresponding with the entry number in the receipt book.

(g) Report of articles purchased or received. Every secondhand dealer shall prepare and deliver to the township clerk, before 12:00 noon on Monday of each week, a legible report, written in the English language and verified by the dealer, which report shall be taken from the book required to be kept by subsection (e), hereof, and shall contain a description of each article purchased or received during the preceding week, the hour and day when the purchase was made, and the description of the person from whom it was purchased.

(h) Exceptions.

(1) Subsections (f) and (g), above, shall not apply to the purchase and receipt of old rags, wastepaper and household goods, except radios; television sets; record players; tape or videocassette players; compact or laser disc players; electronic games; computers and computer accessories; electrical appliances; solid and plated platinum; gold and/or silver candlestick holders; silverware; and silver servicing items, to include but not be limited to trays, coffee and tea services, butter trays and like tableware items.

(2) Nothing contained in subsection (f) shall make it necessary for the purchaser to retain articles purchased from any individual, firm or corporation having a fixed place of business, after such articles have been reported pursuant to subsection (g).

(i) Business prohibited between certain hours. No secondhand dealer shall engage in business or purchase or receive, by sale, barter, exchange or otherwise, any secondhand articles from any person between the hours of 9:00 p.m. and 7:00 a.m.

(j) Purchases from certain persons prohibited. No secondhand dealer shall purchase or receive any article from any person who is at the time intoxicated, from any habitual drunkard, from any person known by the secondhand dealer to be a thief or any associate of thieves or receiver of stolen property or from any person he has reason to suspect of being such.

(Res. of 12-17-2007, Art. 5(1–10))

26-24. Precious metal and gem dealers.

(a) Fee for certificate of registration. In accordance with Public Act No. 95 of 1981 (MCL 445.481 et seq.), such act known as the precious metal and gem dealer act, a fee for a certificate of registration as set by resolution of the township board from time to time, as provided for under such act, is hereby set by the township.

(Res. of 12-17-2007, Art. 6(1))

26-25. Appeals.

(a) Fee appeals. In all cases, no fee for a license under this article shall be so applied as to occasion an undue burden upon interstate commerce. When such a license fee is believed by a licensee or applicant for a license to place an undue burden upon interstate commerce, the person may apply to the township clerk for an adjustment of the fee so that it shall not be discriminatory, unreasonable or unfair as to such commerce. Such application may be made before, at or within six months after payment of the prescribed license fee. The applicant shall, by affidavit and supporting testimony, show this method of business and gross volume or estimated gross volume of business and other such information as the township clerk may deem necessary in order to determine the extent, if any, of such undue burden on the interstate commerce. The township clerk shall then conduct an investigation, comparing the applicant’s business with other businesses of like nature, and shall make findings of fact from which the clerk shall determine whether the fee fixed for the solicitor’s license is unfair, unreasonable or discriminatory as to the applicant’s business and shall fix, as the license fee for the applicant, an amount that is fair, reasonable and nondiscriminatory or, if the fee has already been paid, shall order a refund of the amount over and above the fee so fixed. In fixing the fee to be charged, the township clerk shall have the power to base the fee upon a percentage of gross sales or any other method which will ensure that the fee assessed shall be uniform with that assessed on business of like nature, so long as the amount assessed does not exceed the fee prescribed by this subsection (a). Should the township clerk determine the gross sales measure of the fee to be the fair basis, the township clerk may require the applicant to submit, either at the time of termination of the applicant’s business in the township or at the end of each three-month period, a sworn statement of the gross sales and pay the amount of the fee therefor, provided that no additional fee during any one license year shall be required after the licensee has paid an amount equal to the annual license fee prescribed in this subsection (a).

(b) License appeals. Any applicant for a license or certification under sections 26-19 through 26-25 who are denied a license or certification by the township clerk may appeal such denial to the township board.

(Res. of 12-17-2007, Art. 9(1, 2))

26-26—26-45. Reserved.

Editor’s note—Resolution of Dec. 17, 2007, repealed Art. II, §§ 26-19–26-21, in its entirety and enacted new provisions to read as herein set out. Prior to amendment, Art. II pertained to similar subject matter and derived from Code 1987, §§ 3-04.02, 3-04.03.

Note—The resolution establishing fees and charges for this article is attached to a Resolution of Dec. 17, 2007 and is on file in the Office of the Township Clerk.

ARTICLE II.ITINERANT AND TRANSIENT MERCHANTS AND SOLICITORS12

26-19. Definitions.

26-20. Peddlers.

26-21. Solicitors.

26-22. Transient merchants.

26-23. Secondhand dealers.

26-24. Precious metal and gem dealers.

26-25. Appeals.

26-26—26-45. Reserved.

ARTICLE II.
ITINERANT AND TRANSIENT MERCHANTS AND SOLICITORS¹²