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Draft ordinance for vendors

Draft ordinance for vendors

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Published by Jennifer Bowman
Proposed changes to the city of Battle Creek's vendors ordinance to allow for food trucks in its downtown area.
Proposed changes to the city of Battle Creek's vendors ordinance to allow for food trucks in its downtown area.

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Published by: Jennifer Bowman on Nov 13, 2013
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11/27/2013

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CHAPTER 864 Vendors
864.01 864.02 864.03 864.04 864.05 864.06 864.07 864.08 864.09 864.10 864.11 840.99 Definitions. License required. Exempt activities. License applications. Investigations. Fee and bond requirements. Miscellaneous rules. Food peddlers. Exhibition of licenses. Suspension or revocation of licenses. License Review Board. Penalty.

CROSS REFERENCES Solicitors, peddlers and tTransient merchants generally - see M.C.L.A. Secs. 445.371 et seq. Licensing in general; fees, bonds and insurance - see B.R. & T. Ch. 802 Solicitations, sales and distributions in the Central Business District - see B.R. & T. 814.10

864.01 DEFINITIONS.
As used in this chapter: (a) "PeddlerVendor" includes the terms "hawker" and "solicitor" “transient merchant” and means any of the following: (1) A person who travels by foot, motor vehicle or any other type of conveyance carrying or transporting merchandise of any nature, or food, whether prepared for immediate
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consumption or not, for the purpose of selling or offering to sell such wares to purchasers, or who offers contemporaneous performance of a trade or service; (2) A person who, without traveling from place to place, sells or offers to sell from a vehicle, railroad car or other type of conveyance, merchandise of any nature, including food, whether prepared for immediate consumption or not, to prospective purchasers; (3) A person who travels by foot, motor vehicle or any other type of conveyance from place to place, house to house, or street to street, taking or attempting to take orders for the sale of merchandise of any nature 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 merchandise, and whether or not such person is collecting advance payments on such sale; or (4) Any person who leases or occupies any building, structure, tent, room or conveyance for the purpose of exhibiting samples and taking orders for future delivery. (b) "Transient merchant" means any person, firm, association or corporation engaging temporarily in a retail sale of goods, wares or merchandise, in any place in the City, and who, for the purpose of conducting business, occupies any lot, building, room or structure of any kind. The term shall not apply to any of the following: (1) A person selling goods, wares or merchandise of any description, raised, produced or manufactured by the individual offering the same for sale; (2) A person soliciting orders by sample, brochure or sales catalogue for future delivery, or making sales on residential preomises pursuant to an invitation issued by the owner or legal occupant of the premises; (3) A person handling vegetables, fruits or perishable farm products at an established City market; (4) A person operating a store or refreshment stand at a resort or having a booth on or adjacent to property owned or occupied by such person; (5) A person operating a stand on any fairground; or

(6) A person selling at an art fair or festival or similar event at the invitation of the event's sponsor, if all of the following conditions are met: A. B. The sponsor is a governmental entity or nonprofit organization. The person provides the sponsor with the percent, sales tax license number.

C. The sponsor provides a list of the event's vendors and their sales tax license numbers to the County Treasurer and the State Treasurer.

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(c) "Person" means any natural person, corporation or partnership, including both principals and agents thereof, or two or more persons having a joint or common interest. (d) “Stage or staging” means the locating of any equipment, display, trailer, or carts in any one location for longer than two hours. (ed) "Vendor" means a peddler or a transient merchant.

(f) “Nonprofit Organization” means a nonprofit organization in good standing with the state of Michigan for religious or charitable purposes. (Ord. 11-89. Passed 5-30-89.)

864.02 LICENSE REQUIRED.
No vendor shall engage in such business within the City without first obtaining a vendor’s license therefor from the City and any other license required by state or local law. (Ord. 11-89. Passed 5-30-89.)

864.03 Locations
Licensed vendors are permitted to locate on properties, streets, and sidewalks within the City of Battle Creek, subject to the following regulations: a) The proposed location must be in compliance with zoning district regulations pertaining to outdoor sales and display. b) If located on private property, the vendor must submit written permission from the property owner indicating that the applicant has permission to locate on his/her property. c) If located on public property, vendors may utilize any one location for not more than two hours, except as follows: 1) In a municipal parking lot, vendors may stage in parking spaces, the number of which shall be necessary to maintain a 5’ setback on all sides but not to exceed two for each vendor, or four for each parking lot. The vendor shall pay a parking permit fee established for the applicable number of parking spaces used in that municipal parking lot.   2) On a public sidewalk, mobile vendor carts are permitted, providing they are not located in any one location for a period in excess of two hours in an eight-hour period.   3) Except for motor vehicle vending, vendors are prohibited from utilizing on-street parking spaces for business transactions.   4) No vendors may be located in a public park, except as provided in Chapter 815, Special Events.  5) No vendor shall have any exclusive right to any location in the public street or be permitted a stationary location or be permitted to operate in any congested area where his or her operations impede the public. For the purpose of this section, the
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judgment of a police official, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public has been impeded.   6) Vendors staging in one location for longer than two hours must be located at least 100 feet from the front door of any business providing a similar commodity. These minimum distance requirements shall be measured in a straight line from the closest point of the proposed food truck location to the closest point from the buffered object.   d) No person selling under this chapter shall obstruct any street, alley, sidewalk or driveway, or conduct any sale within 1,000 feet of the entrance of any school building between the hours of 8:00 a.m. and 5:00 p.m., local time, on the days when school is in session.  e) Equipment intended for transient vending cannot be left unattended at any time; no equipment or vehicles shall be parked or placed within 15 feet of any intersection or within 25 feet of a fire hydrant. 

864.043 EXEMPT ACTIVITIES.
The provisions of this chapter shall not apply to any of the following: (a) The sale of goods, wares or merchandise, or solicitations by nonprofit organizationsfor religious or charitable purposes; (b) Vendors approved by the City Commission or operating with the consent of individuals or organizations sponsoring events approved by the City CommissionThe sale of goods, wares or merchandise at an event approved under Chapter 815, Special Events; (c) Commercial travelers employed by wholesale houses, who take or seek to take orders from merchants for goods, wares or merchandise and other personal property retailed by such merchants; (d) Permanently employed and bonded route salespersons who solicit orders from and distribute goods to regular customers on established routes; or (e) Persons licensed under Public Act 328 of 1978, as amended, being the Food Processing Act of 1977. (d) A person selling goods, wares or merchandise of any description, raised, produced or manufactured by the individual offering the same for sale; (e) A person soliciting orders by sample, brochure or sales catalogue for future delivery, or making sales on residential premises pursuant to an invitation issued by the owner or legal occupant of the premises; (f) A person handling vegetables, fruits or perishable farm products at an established City market;
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(g) A person operating a store or refreshment stand at a resort or having a booth on or adjacent to property owned or occupied by such person; or (h) A person operating a stand on any fairground.

(Ord. 11-89. Passed 5-30-89.)

864.054 LICENSE APPLICATIONS.
Applicants for the license required by Section 864.02 must file with the City Clerk a written, sworn application, signed by the applicant, if an individual, or by a person with authority on behalf of a partnership or corporation, on a form to be furnished by the City Clerk, which shall contain the following information: (a) The name of the applicant and, if an individual, and his or her birth date, and a description of the applicant; (b) The applicant's permanent and local addresses, along with the proposed location of the applicant's transient business or stationary peddling; (c) A brief description of the nature of the business, the food or merchandise to be sold and, in the case of farm or orchard products, whether or not the same are produced or grown by the applicant; (d) If applicant is vending on behalf of a partnership or corporationemployed, applicant shall provide the name and address of the employer, together with proof establishing the relationship; (e) The length of time for which the right to do business is desired and, in the case of transient merchants, the proposed location or locations of the business; (f) If a vehicle is to be used, a description of the same, together with the license number and vehicle identification number; (g) Two copies of a photograph of the applicant taken within the sixty days immediately prior to the date of the filing of the application, which picture shall be at least two inches by two inches showing the head and shoulders of the applicant in a clear and distinguished manner; and (hg) A statement as to whether or not the applicant, or any person listed under subsection h of this section, has been convicted of any crime and, if so, the nature of the offense and the punishment or penalty assessed therefor.; and

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(h) If the applicant is a partnership or corporation, the applicant shall provide a list of all persons who will be vending on their behalf, including the name, address, and date of birth of each person. (Ord. 11-89. Passed 5-30-89.)

864.065 INVESTIGATIONS.
(a) Upon receipt by the City Clerk of an application for the license required by Section 864.02, it shall be referred to the Chief of Police, or his or her designee, who shall cause an investigation of the applicant's business and moral character to be made for the protection of the public good. (b) If, as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory in accordance with the Standards for Business and Moral Character Administrative Policy, the disapproval of the Chief of Police and the reasons for the same shall be indicated on the application. The Chief shall return the application to the City Clerk, who shall notify the applicant that his or her application is disapproved and that no license will be issued. (c) If, as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the Chief shall endorse on the application his or her approval and return such application to the City Clerk who, upon payment of the prescribed license fee and filing of proof of insurance, shall issue a license.

(Ord. 11-89. Passed 5-30-89.)

864.076 FEE AND BOND REQUIREMENTS.
(a) The fee which shall be charged by the City Clerk for the license required by Section 864.02 shall be prescribed in the schedule provided for in Section 802.24. Where the application is disapproved, the fee shall be refunded, except for a non-refundable processing fee equivalent to a one month fee. (b) Licenses issued under this chapter shall not be valid for a period of more than one year and may, for administrative convenience, be set to expire on the same day by the Clerk. In those instances where a license be issued for less than the period of one year, the license fee shall be figured on a monthly basis. Any period of one or more calendar days and not more than thirty calendar days shall be considered one month. (c) No fee shall be required from a person who sells products actually grown, raised or produced on his or her own farm or orchard.

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(dc) No fee shall be required from any person who is an honorably discharged veteran, who has secured a license pursuant to Public Act 359 of 1921, as amended, and who otherwise has fulfilled the obligations of this chapter, and when the goods, wares and merchandise proposed to be sold by such person are his or her own. (ed) Vendors must provide general liability insurance with such limitations and in such amounts as set forth in the schedule provided for in Section 802.24. Proof of insurance, showing that such insurance is in force, shall be filed with the City Clerk prior to the issuance of a license or prior to the holding of an approved event. Termination or alteration of a policy without approval of the City Attorney shall constitute grounds for the cancellation of the event or revocation of the license. (fe) Before any license is issued for engaging in the business of a vendor, the applicant shall file with the City Clerk a bond running to the City in an amount set forth in the schedule provided for in Section 802.24, secured by the applicant as principal, together with a surety upon which service of process may be made in the State. Such bond shall be conditioned on the applicant's full compliance with the provisions of this chapter and the statutes of the State. A further condition shall be the payment by the applicant of all judgments rendered against him or her for any violation of this chapter or State statutes. (Ord. 11-89. Passed 5-30-89.)

864.087 MISCELLANEOUS RULES.
(a) Vendor shall comply with all state, local, and federal law. No vendor or other person acting on a vendor's behalf shall shout, make any outcry, blow a horn, ring a bell, or use any other sound device, including a loudspeaker, radio or sound amplifying equipment, upon the streets, alleys, parks or other public places of the City, or upon any private premises in the City where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the streets, avenues, alleys, parks or other public places, for the purpose of attracting attention to any such goods, wares or merchandise, where such licensee proposes to sell after 9:00 p.m. local time until 8:00 a.m. of the following day, local time. (b) Vendors who conduct their business by going door to door may so operate between the hours of 9:00 a.m. to sunset, local time. (c) No vendor may use City utilities, unless qualifying under Chapter 815. (d) No person less than eighteen years of age may be a vendor under this Chapter unless supervised by a parent or guardian. (e) No person shall make a sale to any person on any property near the traveled portion of any street, on the side of the public sidewalk nearest the pavement or, where there is no public sidewalk, nearer than ten feet from the outer edge of such pavement. Where streets are unpaved, this restriction shall be deemed to apply to that portion of the street set aside for or used by vehicular traffic.
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(f) Persons licensed under this chapter are required to display said license at all times so that it is visible to customers. (c) No vendor shall have any exclusive right to any location in the public street or be permitted a stationary location or be permitted to operate in any congested area where his or her operations impede or inconvenience the public. For the purpose of this section, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public has been impeded or inconvenienced. (d) No person licensed under this chapter shall engage in the business of a vendor or transient merchant in the McCamly Square area, whose boundary is as follows: Beginning at the intersection of the Michigan Mall and Capital Avenue, S.W., southwesterly to the point where Liberty Street intersects Capital Avenue, S.W., then northwesterly along the south side of Liberty Street to the point where it intersects with South McCamly Street, then northeasterly to the point where South McCamly and the Michigan Mall intersect, then southeasterly on the Michigan Mall to the point of beginning. Such area shall include both sides of the boundary streets and any parking lots or parking structures located within or adjacent to the boundary lines. (e) No person selling under this chapter shall obstruct any street, alley, sidewalk or driveway, except as may be necessary and reasonable to consummate a sale or engage in any business regulated by this chapter, or conduct any sale within 1,000 feet of the entrance of any school building between the hours of 8:00 a.m. and 5:00 p.m., local time, on the days when school is in session, or any time within the Central Business District, as defined in the Zoning Code. (Ord. 11-89. Passed 5-30-89.)

864.098 FOOD PEDDLERS.
(a) No person less than sixteen years of age shall peddle food under this chapter.

(b) No person shall use any vehicle in selling food unless such vehicle is registered with the City Clerk for such sales. (c) No person shall sell or offer for sale any unsound, unripe or unwholesome food or drink, or any defective, faulty or deteriorated article of food. (d) No person shall peddle any food or drink upon or within a public park unless such person has been granted a concession therefor by the City Commission pursuant to an agreement entered into between the Commission and the vendor. (e) No person shall make a sale to any person under the age of twelve years on any property near the traveled portion of any street, on the side of the public sidewalk nearest the pavement or, where there is no public sidewalk, nearer than ten feet from the outer edge of such pavement. Where streets are unpaved, this restriction shall be deemed to apply to that portion of the street set aside for or used by vehicular traffic.
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(Ord. 11-89. Passed 5-30-89.)

864.09 EXHIBITION OF LICENSES.
(a) Persons licensed under this chapter are required to exhibit their license at the request of any resident of the City. (b) Persons licensed under this chapter shall produce and exhibit their license to a City police officer upon request. (c) A license issued under this chapter to a transient merchant shall be posted conspicuously in the place of the business named therein. If a person applying for such a license desires to do business in more than one place within the City, separate licenses shall be issued for each place of business and shall be posted conspicuously in each. (Ord. 11-89. Passed 5-30-89.)

864.109 SUSPENSION OR REVOCATION OF LICENSES.
(a) Any license issued under this chapter may be suspended or revoked for any of the following reasons: (1) (2) (3) Fraud or misrepresentation on the application for the license; Fraud or misrepresentation in the course of conducting the business of the vendor; Conducting the business of the vendor contrary to the conditions of the license; or

(4) Conducting the business of the vendor in such a manner as to create a public nuisance or constitute a danger to the public health, safety or welfare. (b) Upon suspension or revocation of the license, the City Clerk shall deliver written notice to the license holder by first class mail to the address listed in the licensee's application, stating the action taken and the reasons supporting such action. (c) Persons who are denied licenses or whose licenses are suspended or revoked may appeal by filing a written notice of appeal with the License Review Board. The appeal must be filed within seven days after receipt of the notice of denial, suspension or revocation. The Board shall hear and determine the appeal and the decision of the Board shall be final. (Ord. 11-89. Passed 5-30-89.)

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864.110 LICENSE REVIEW BOARD.
(a) The License Review Board shall be composed of five residents of the City, with one representative drawn from each ward. Members shall be appointed to the Board by the City Commission and shall serve for a term of one year. (b) The Board shall meet from time to time as needed, and members shall be compensated at the rate of fifteen dollars ($15.00) per day. (c) A quorum of the Board necessary to conduct a hearing shall be three members, and the vote of a majority of the Board shall be required to overturn any denial, suspension or revocation of a license. (d) Evidence of a type commonly relied upon by reasonable prudent persons in the conduct of their affairs, is to be admitted and given probative effect. The decision of the Board shall be based upon the evidence produced and admitted in the course of a hearing. (e) Appeals of decisions of the Board may be reviewed in the County Circuit Court to determine whether sufficient evidence exists in the record to support the decision of the Board. (Ord. 11-89. Passed 5-30-89.)

864.99 PENALTY.
In addition to any other remedies provided for by law, Aa person who violates or fails to comply with any of the provisions of this chapter is responsible for a Class B Municipal civil infraction and shall be subject to the civil fines provided in Section 202.98 and any other relief that may be imposed by the court. (Ord. 16-95. Passed 6-20-95.)

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