26-1011 Hawker or peddler defined.

As used in this article, “hawker” or “peddler” means any person who goes from residence to residence, or from or upon the streets, alleys, or public and private places within the city selling or offering for sale goods, wares, merchandise or theater tickets or tickets of admission to shows, concerts, athletic events or public entertainments, or who takes orders for the same for future delivery. “Peddler” includes magazine salesmen, fruit and vegetable vendors, or persons selling household appliances, clothing, novelties or any other merchandise by the above method.

(Code 1985, § 8-117)

26-1012 License required.

No person shall engage in or assist as a helper in the business of hawking or peddling within the city without first obtaining a license from the city.

(Code 1985, § 8-118)

26-1013 Exceptions to article.

This article shall not apply to the sale of daily or weekly newspapers or to milk delivery licensed under state law, nor to hawking or peddling from or upon private property with the permission of the owner or manager of such private property.

(Code 1985, § 8-119)

26-1014 License application; contents.

Any person desiring to engage in the business of hawking or peddling shall file an application in writing with the administrator upon forms provided by the administrator. The administrator shall require the applicant to state in writing upon such forms:

(1)    His full name, residence and post office address.

(2)    The class of license for which he is applying.

(3)    The kind of goods, wares or merchandise he proposes to sell.

(4)    The length of time for which he wishes to obtain a license.

(5)    Whether the applicant expects to use a vehicle and the description of such vehicle together with the vehicle license number.

(6)    Whether the applicant is a farmer, artisan, war veteran, or blind person. If an artisan or farmer, he shall give the location of the shop or farm, and the size of the farm. If a war veteran, the date of discharge and the number of his county veteran’s license.

(7)    If the applicant is applying for a free license, he shall affirm that: in case of an artisan, that all of the merchandise to be sold is manufactured by him personally; in case of a farmer, that the products to be sold are produced by himself and his regularly employed farm help; if a war veteran, that all of the merchandise to be offered for sale by him are his own and that the license will be used by him personally and by no other person. If an applicant claims to be blind, proof of blindness shall be certified by the county health department. If the applicant is a dealer in merchandise being delivered through interstate commerce, he shall affirm that all of the merchandise being sold in the city is to be delivered directly to the customer from stocks of merchandise located outside the state. He shall also list the type of merchandise to be sold and the person by whom the orders will be filled.

(8)    Such application shall be accompanied by two photographs of the applicant at least two inches square and a set of fingerprints made by the police department.

(9)    Such applicant shall also give the names and addresses of two persons as references.

(Code 1985, § 8-120)

26-1015 Referral of applications for sale of food.

All applications for license for the sale of food for human consumption shall be referred to the county health department for approval and determination as to whether the applicant proposes to sell any foodstuffs, the peddling or vending of which is prohibited, and whether the applicant is free from communicable diseases and has provided for the carrying and storage of such foodstuffs in a sanitary manner. No such license shall be issued by the city under this article until the application has been approved by the county health department.

(Code 1985, § 8-121)

26-1016 License nontransferable; fees; term; exceptions.

(a)    Licenses granted under this article shall not be transferable or assignable.

(b)    The fees for a peddling license under this article shall be annual or daily as established from time to time by resolution of the city council.

(c)    All annual licenses issued under this article shall expire on May 31 of each year following the date of issuance.

(d)    All veterans shall obtain a license and shall comply with the provisions of this article; provided, that the fees for licenses issued to veterans shall not be collected under this article under the provisions of state law.

(Code 1985, § 8-122)

26-1017 Free licenses; compliance with article required.

This article is not intended to prohibit the sale by mechanics and artisans of products of their own manufacture; the sale by farmers of their own products, either produced by themselves or by their regular farm employees; the sale by any war veteran who has first obtained a license pursuant to Act No. 359 of the Public Acts of Michigan of 1921 (MCL 35.441 et seq.), as amended; sales by any persons who are taking orders for the sale of merchandise to be delivered through interstate commerce; or the sale by blind persons of any products whether made by themselves or not. All such persons must first obtain a license as required by this article and shall furnish satisfactory proof to the administrator that they are the persons that they represent themselves to be and are entitled to such classification, and they must comply with all the terms and conditions of this article. Upon so doing, the administrator shall furnish a license free of charge, entitling them to engage in the class of business and for the sale of the type of merchandise indicated in their application and no other.

(Code 1985, § 8-123)

26-1018 Revocation or suspension of license; hearings.

Any license issued under this article may be revoked or suspended for the violation of any of the terms of this article, the health and/or food laws of the state, or the criminal statutes of the state and/or the United States. Such revocation shall be made by giving written notice to the licensee. The licensee shall be entitled to a hearing before the council, if such hearing is demanded by him in writing and presented to the administrator within ten days from the date of revocation or suspension of license. The hearing shall be commenced within ten days of the filing of the written demand at the following regular meeting of the council or at a special meeting of the council called for such purpose. The council, after hearing both sides of the question, shall act as sole judge as to whether or not the revocation or suspension shall stand.

(Code 1985, § 8-124)

26-1019 License content; badge; display.

(a)    The license granted under this article shall be in such form as to contain a true photograph of the licensee, his address, his signature and physical description. All licensees shall carry the issued license with them while peddling.

(b)    No licensee shall change, remove or obliterate any entry made on such license.

(c)    Every licensee under this article while engaging in the licensed business shall wear conspicuously on his outer clothing a badge or emblem to be furnished by the administrator, stamped with the time for which the licensee has obtained the license to operate under this article. Failure to conspicuously and constantly exhibit the badge or emblem while engaged in the business shall be sufficient cause for suspension or revocation of such license.

(d)    It shall be the duty of every licensee under this article to exhibit his license and badge or emblem to any policeman or any person when requested to do so. The failure to show the license or badge upon request shall be deemed a violation of this article.

(Code 1985, § 8-125)

26-1020 Physical examination of peddlers; cessation of activity.

(a)    No person who is affected with any infectious disease or with any venereal disease in a communicable form shall work or be permitted to work as a hawker or peddler. Whenever required by the county health department, any person so employed shall submit to a physical examination by some physician approved by the county health department.

(b)    If, as a result of the examination required under this section, the person is found to be affected with any infectious disease, or with any venereal disease in a communicable form, such employment shall immediately cease. Such persons shall not engage in hawking and peddling until such time as the county health department will, after a physical examination, issue a permit entitling him to resume work.

(Code 1985, § 8-126)

26-1021 Rules and regulations.

(a)    All licensees under this article shall comply with the regulations contained in subsection (b) of this section.

(b)    No licensee under this article shall:

(1)    Sell or offer for sale any unsound or unripe or unwholesome food or defective, faulty, incomplete or deteriorated article of merchandise.

(2)    At any time in the sale of goods, wares, foodstuffs or any kind of merchandise, obstruct any street, alley, sidewalk or driveway.

(3)    Remain, barter, sell, offer or expose for sale any such 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.

(4)    Barter, sell, offer or expose for sale any such goods, wares or merchandise within 500 feet of the entrance of any school building between the hours of 9:00 a.m. and 5:00 p.m. on the days when school is in session.

(5)    Barter, sell, offer or expose for sale any such wares, goods or merchandise on those portions of streets on which a public park abuts.

(6)    Stop his vehicle for the purpose of consummating a sale within 50 feet of any street intersection in the city.

(7)    Fail to comply with all provisions of the traffic ordinance of the city.

(8)    Remain standing at any one place on any of the streets, alleys or public places in the city for a longer period of time than five minutes while engaging in the business.

(9)    Enter upon private premises without the express consent of the owner of such private premises for the purpose of making a sale or transacting any of the business of selling merchandise as a hawker or peddler.

(Code 1985, § 8-128)

26-1022 Articles prohibited or restricted.

(a)    No person shall hawk, peddle or vend any meat or meat products of any kind, and/or poultry or fresh, cured or smoked fish of any kind.

(b)    The peddling, selling, vending or giving away of wrapped frozen ice cream bars and frozen ices known as popsicles or any other type of ice cream from pushcarts or bicycles is prohibited as a necessary police measure for the prevention of traffic accidents and personal injuries on the streets in the city. The peddling of wrapped frozen ice cream bars and also frozen ices known as popsicles and other forms of ice cream products shall be in accordance with the regulations in this article.

(Code 1985, § 8-129)

26-1023 Inspection of food articles; ice cream sales.

(a)    The sale of fruits, vegetables or other perishable foodstuffs or wrapped frozen ice cream bars, frozen ices known as popsicles or other forms of ice cream shall be subject to inspection by the county health department.

(b)    The peddling of wrapped frozen ice cream bars, frozen ices known as popsicles and any other form of ice cream product shall be sold only from refrigerated trucks of modern design and approved by the county health department.

(Code 1985, § 8-130)

26-1024 Sales of ice cream products to minors; warning lights required on vehicle.

No person peddling wrapped frozen ice cream bars, frozen ices known as popsicles or other forms of ice cream products from vehicles shall make sales to minors under the age of 16 years unless there is displayed on the vehicle flashing warning lights visible from the front and rear and from each side of the vehicle which under normal atmospheric conditions are visible from a distance of 500 feet and unless such vehicle is stopped in a legal parking location not closer than 100 feet to the nearest intersecting street.

(Code 1985, § 8-131)

26-1025 Weights and measures; use.

No licensee shall sell or deliver any goods, wares, merchandise or foodstuffs which are ordinarily sold by weight or measure, by the use of any other than standard weight or measure.

(Code 1985, § 8-132)

26-1026 Obstructing traffic.

No licensee shall stand or be on any public street, alley or public place, or in any building or place of business abutting on any street, alley or public place, and attract persons or induce persons to congregate on any public sidewalk, street, alley or public place so as to tend to obstruct traffic, whether pedestrian or vehicular.

(Code 1985, § 8-133)

26-1027 Standing restricted.

Licensees under this article shall comply with all provisions of the traffic ordinance and shall not remain standing at one place on any of the streets, alleys or public places for a longer period of time than five minutes while engaging in the business.

(Code 1985, § 8-134)

26-1028 Noisemakers prohibited.

(a)    No licensee shall vend or peddle any merchandise in the city when such licensee has attached to his vehicle, from which the peddling is carried on, any bell, chime or other noisemaking device for the purpose of attracting persons to buy the merchandise the licensee has for sale. This prohibition shall not be construed to exclude the customary horn required under the motor vehicle law of the state.

(b)    No licensee shall call out or make any noise of any kind whatsoever, or use a bell, horn or other noisemaking device, with a view of attracting persons to buy the goods the licensee has for sale.

(Code 1985, § 8-135)

26-1029 Adoption of rules.

The city council may from time to time adopt such reasonable rules and regulations, not inconsistent with this article, as they may deem necessary to regulate and govern the peddling, hawking or vending of any foodstuffs intended for human consumption upon streets, sidewalks or public places of the city.

(Code 1985, § 8-127)