BUSINESSES*
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*Cross reference(s)‑‑Health and sanitation, ch. 42; planning, ch. 62; secondhand goods, ch. 66; vehicles for hire, ch. 90.
State law reference(s)‑‑Home solicitation sales, MCL 445.111 et seq., MSA 19.416(201) et seq.; transient merchants, MCL 445.371 et seq., MSA 19.691 et seq.; exemption for veteran's license, MCL 35.441, MSA 4.1241.
‑‑‑‑‑‑‑‑‑‑
Secs. 14-1‑‑14-25. Reserved.
Article II. Business Licenses
Division 1. Generally
Sec. 14-26. Required.
Sec. 14-27. Application.
Sec. 14-28. Signing, sealing, numbering, posting.
Sec. 14-29. Reserved.
Sec. 14-30. Denial, revocation, suspension; causes enumerated.
Sec. 14-31. Fees.
Secs. 14-32‑‑14-40. Reserved.
Division 2. Specific Occupations
Sec. 14-41. Reserved.
Sec. 14-42. Pawnbrokers.
Secs. 14-43—14-44. Reserved.
Sec. 14-44.1. Title
Sec. 14-44.2. Definition
Sec. 14-44.3. Number of licenses for each vending area.
Sec. 14-44.4. Festival/event blanket vendor licenses.
Sec. 14-44.5. Vendor operation from private property prohibited; exemptions.
Sec. 14-44.6. License; fees and application.
Sec. 14-44.7. Penalty.
Sec. 14-44.8. Severability.
Sec. 14-45. Peddlers and Canvassers.
Secs. 14-46—14-54. Reserved.
Sec. 14-55. Vessels for hire.
Sec. 14-56. Bicycles.
Secs. 14-57—14-58. Reserved
Sec. 14-59. Solicitations, nonprofit organizations.
Sec. 14-60 – 14-62. Reserved.
Sec. 14-63. Horse-drawn carriages.
Sec. 14-64 – 14-70. Reserved
Sec. 14-71. Short title.
Sec. 14-72. Applications; contents; fees.
Sec. 14-73. Public hearing; approval.
Sec. 14-74. Refusal to approve.
Sec. 14-75. Length of approval.
Sec. 14-76. Standards and guidelines for objection to renewal of or request for revocation to Michigan Liquor Control Commission
Sec. 14-77. Public hearing for non renewal or revocation.
Sec. 14-78. Procedure at public hearing; findings and determination; notification.
ARTICLE I. IN GENERAL
Secs. 14-1‑‑14-25.
Reserved.
ARTICLE II. BUSINESS LICENSES
DIVISION 1. GENERALLY
Sec. 14-26. Required.
No person shall, directly or indirectly, operate, conduct, maintain, manage, or engage in any trade, profession, business, occupation or privilege on premises in the city for which a license is required by this Code, without first obtaining such license in the manner prescribed in this article unless otherwise specifically provided in this article.
(Ord. No. 893, 3-11-02)
Sec. 14-27. Application.
Each person or entity required to procure a license from the city shall make application for such license to the city clerk in the form and manner prescribed by the clerk and shall state, under oath, such facts as may be required for, or applicable to, the granting of such license, including but not limited to the following:
(1) Full names, business addresses and residence addresses of all owners, providers, officers, managers and local employees of applicant's business; the names and addresses of each officer if applicant is a corporation;
(2) The place or places in the city where it is proposed to maintain applicant's business, the length of time during which it is proposed that such business be conducted, and whether the activity complies with all zoning regulations and other similar requirements imposed by this Code;
(3) The nature, character and quality of the goods, wares, merchandise or services to be sold or offered for sale by applicants;
(4) The nature and kind of business which applicant proposes to conduct and the manner of operating same;
(5) List of all assumed, trade or firm names under which applicant intends to do business;
(6) The nature and character of advertising done or proposed to be done in order to attract customers;
(7) Whether or not the applicant or person conducting or managing applicant's business has been convicted of a crime, misdemeanor or the violation of any municipal ordinance, and, if so, full particulars in connection therewith.
(Ord. No. 893, 3-11-02)
Sec. 14-28. Signing, sealing, numbering, posting.
Each license shall be signed by the city clerk and be attested by the seal of the city. Each license so issued shall be numbered and each license shall be posted in a conspicuous place in or about the premises so licensed, where such posting is practicable. The city clerk shall keep a full record in the clerk's office of all licenses issued. Such record shall contain the number of the license, the date the same is issued, the nature of the business authorized to be carried on, the amount of the license fee paid, the expiration date of the license, the place where the business may be carried on under the license, and the name of the person authorized to conduct the business.
(Ord. No. 893, 3-11-02)
Sec. 14-29. Reserved.
Sec. 14-30. Denial, revocation, suspension; causes enumerated.
(a) The issuance of licenses applied for under this code may be denied by the city clerk, and licenses issued may be revoked or suspended by the city manager at any time, for any of the following causes:
(1) Fraud, misrepresentation or any false statement made in the application for license;
(2) Fraud, misrepresentation or any false statement made in the operation of a business;
(3) Any violation of this Code;
(4) Failure to obtain any license or permit required by the state to operate such business or trade;
(5) Conducting a business in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, morals, safety or welfare of the public;
(6) Failure or inability of an applicant to meet and satisfy the requirements and provisions of this Code.
(b) Written notice of suspension or revocation, stating the cause or causes therefore, shall be delivered to the licensee personally or mailed to the licensee's address as shown in the application for license.
(c) Any person whose license is revoked or suspended or any person whose application is denied shall have the right to a hearing before the city council, or such officer or board as the council may designate, provided written request therefore is filed with the city clerk within ten days following the delivery or mailing of the notice of revocation or suspension, or within ten days following the denial of the application for license.
(d) The city council may reverse any determination to issue or to deny the issuance of a license or any revocation of a license, and the city council may grant or reinstate any license. No person shall operate any business during any time when the license therefore has been suspended, revoked or canceled.
(Ord. No. 893, 3-11-02)
Sec. 14-31. Fees.
(a) No license shall be issued until the required fees shall be paid.
(b) The fees required to be paid under this section shall be paid in accordance with the fee schedule adopted from time to time by resolution of the city council.
(Ord. No. 893, 3-11-02)
Sec. 14-32‑‑14-40. Reserved.
Sec. 14-41. Reserved
No person shall pursue the business of
pawnbroker or of operating a pawnshop within the city without a license
therefore. The business must adhere to all state licensing requirements. The
license fee is $100.00 per year.
(MCLA 446.201.; Ord. No. 893, 3-11-02)
Sec. 14-44.1. Title.*
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*Editors note – Ord. No.
858, adopted May 18, 1998, amended Section 14-44 in its entirety to read ad
herein set out in Sections 14-44.1 – 14-44.10 and repealed Sections 14-45,
14-47, 14-54, 14-60, 14-61, 14-62. The former Section 14-44 derived from Code
1965, Sec. 31.05 and Ord. No. 776, Sec. 2(301.05) adopted February 1, 1993. The
former Sections 14-45, 14-47, 14-54, 14-60-14-62 derived from Code 1965.
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This Ordinance shall be known and may be
cited as the “Street Vendor Ordinance.”
(Ord. No. 858, 5-18-98; Ord. No. 893, 3-11-02)
Sec. 14-44.2. Definitions.
(a) Street Vendor Definitions.
(1) Cart Vendor: Operator of a mobile vending cart between the hours of 8:00 a.m. and 10:00 p.m. in specified street vending areas on the public right of way or on public property.
(2) Concession Vendor: Operator of a stationary, removable stand which may remain on a single site for the entire period of the vendor license, and which may have water, sewer and power hook-ups.
(3) Day Vendor: Operator of a removable stand or mobile vending cart from a single location approved by the City Council. The removable stand or mobile vending cart must be removed every evening after the vending hours. The day vendor shall be located on public right of way or public property.
(4) Festival Vendor: Operator of a removable stand or mobile vending cart licensed for a limited, specific period in association with a festival blanket vendor license. The removable stand or mobile vending cart may be left on the site for the duration of the license, and may be located on private property. The festival vendor shall be licensed by the festival organization which has been approved by the City Council to organize a special event with a blanket vendor license.
(5) Vendor: For purposes of this Article, Vendor shall be defined as a Concession Vendor, Festival Vendor, Day Vendor or Cart Vendor.
(6) Established Business: A business legally occupying a permanent structure.
a. A business operator located on the right-of-way adjacent to an established business selling goods, wares and merchandise on outdoor display, which are not available in the established business, shall be considered a vendor for the purpose of this ordinance.
b. A business operator located on the right-of-way adjacent to an established business selling goods, wares and merchandise on outdoor display, which are not the property of or not on consignment to the established business, shall be considered a vendor for the purpose of this ordinance.
c. An established business operator selling goods, wares and merchandise from an established business, on outdoor display in the right-of-way adjacent to the established business, is not considered a vendor for the purpose of this ordinance.
(b) Definitions of Vending Stands and Carts.
(1) Mobile Vending Cart shall mean a structure not exceeding forty-two (42) inches in width with at least two (2) operation wheels and which is movable by one (1) person without assistance, the primary purpose of which is for vending purposes.
(2) Removal Stand means a non-motorized vending trailer or shed, tent or other removable vending stand.
(c) Definitions of Vending Location.
(1) Concession Location: A site where a concession vendor places a removable stand for the duration of the vending season. Concession locations are established by City Council Resolution, and are valid for up to one vending season. The fee may be a flat concession fee, a negotiated fee, or the location may be offered to the highest bidder. The location may be on any City property or right of way, as approved by the City Council. Vendors may request that a location be considered for a concession.
(2) Day Vendor Location: Sites suitable for a removable stand or mobile vending cart to remain stationary on site all day, removing the stand or cart after vending hours. The location may be on City property or right of way, as established by City Council Resolution. Approval of the Day Vendor location means the Vendor has an exclusive right to the location for the period of the license. The license, however, is personal to the Day Vendor and not transferable or assignable. Vendors may request a specific location be considered for Day Vending.
(3) Festival/Event Blanket Vendor License Location: Vendor sites in an area approved under a Festival Blanket Vendor License for a specified period of time. The area in which may Vendors may operate is designated in a festival special event application. The City Council shall approve the special event and festival blanket vendor license by resolution. The festival organization approves vendors based upon their own criteria.
(4) Street Vending Areas: Areas specified for mobile vending carts as established by resolution of the City Council. They may include parks, right of ways, public parking areas, parkways, city buildings and grounds, sidewalks, public institutions, or vacant city property at the option of the City council. Mobile vending cars may remain in one location in an area all day, or they may move in or between street vending areas. Cart Vendors do not have an exclusive right to location. Cart Vendors shall not block sidewalks, cause traffic congestion, or operate within 200 feet of an established business, concession vendor or day vendor.
(Ord. No. 858, 5-18-98; Ord. No. 893, 3-11-02)
Sec. 14-44.3. Number of licenses for each
vending area.
The City Council shall by resolution establish the number and types of vendors by area. Except for Festival/Event Blanket Vendor Licenses, no Vendor licenses shall be granted in the Central Business District as indicated on the zoning map of the South Haven Zoning Ordinance.
(Ord.
No. 858, 5-18-98; Ord. No. 893, 3-11-02)
Sec.
14-44.4. Festival/event blanket vendor license.
The license limitations may be expanded or waived during the following annual events, and other events which the City Council may determine by resolution. During any of these events, the City Council, by resolution, may authorize the issuance of additional street vendor licenses to such a number as deemed to be in the best interests of the City.
(1) Harborfest, Blueberry Festival: No Vendors shall be allowed in the Central Business District except by City Council approval.
(2) The City Manager shall be empowered to issue a special event blanket vendor license to a valid local not-for-profit organization sponsoring and operating a special community event within a specified area of the City. No person, group or organization shall sell any food, merchandise, goods, services, amusements, rides or other items on any public street, alley, sidewalk or other public property within the special event area during the time of the special event without first being approved by the sponsoring not-for-profit organization overseeing the special community event.
(Ord. No. 858, 5-18-98; Ord. No. 893, 3-11-02)
Sec. 14-44.5. Vendor operation from private
property prohibited; exceptions.
No license shall be granted for sales from a removable stand, mobile vendoring cart, vehicle or other method of selling or display operating on private property, except for:
(1) Farmers or nursery owners selling his or her own production, and
(2) Vendors associated with a festival/event blanket vendors license, and
(3) Vendors on private property in the B-2 General Business District and B-4 Major Thoroughfare Business District who have met the standards of the zoning ordinance for outdoor display of goods; however no more than two such licenses shall be issued for a lot of record per year, and no such license shall be issued for a period of more than two (2) weeks.
(Ord.
No. 858, 5-18-98; Ord. No. 893, 3-11-02)
Sec.
14-44.6. License; fees and application.
(a) License required; exceptions: It
shall be unlawful for any person to engage in business as a Vendor within the
City without first having obtained a license from the City Clerk as provided in
this division.
(b) License term: The term for a
Vendor License shall be April 1 through October 31 of the year issued.
(c) Application:
Before any license shall be issued:
(1) The application must be approved by the
Director of Public Safety;
(2) The applicant shall obtain a Michigan
Sales Tax Number;
(3) An applicant selling food shall have a
permit from the Van Buren County Health Department; and,
(4) The applicant shall provide the City
Clerk with satisfactory proof of insurance in an amount and kind deemed
sufficient by the City Council and naming the City of South Haven as an
additional insured.
(d) Delinquent personal property taxes:
No license shall be granted to any person owing any personal property taxes or
other indebtedness to the City, or who contemplates using any personal
property, in the operation of such business, on which personal property taxes
are owing.
(e) Fees: Fees for the various
categories of Vendors shall be established by the City Council by resolution.
(f) Application: An applicant shall
file with the City Clerk a written application, upon a form provided for that
purpose. The following information is required in the application:
(1) Name, address, date of birth, driver’s
license number, and telephone number of the applicant;
(2) The criminal history of the applicant;
(3) The nature, c