Vendors Regulation Ordinance

Ordinance 6-3-91: Amending Genoa Township Vendors' Regulation

Adopted: June 3, 1991
Effective Date: July 19, 1991

An Ordinance to Amend the Vendors' Regulations to cover persons or entities soliciting for sale of services.

Genoa Township Amendment Notice

On June 3, 1991, at the regular meeting of the Genoa Township Board certain provisions of the Genoa Township Vendors' Regulations were amended.

These amendments concern the meaning given to "Hawker", "Peddler", "Peddling", "Solicitor", "Vendor", and "Vending." Section 1. Was amended as follows:

• a. Hawker - Any person offering merchandise or services for sale from a fixed place not within a building.
• b. Hawking - The act of offering merchandise or services for sale from a fixed place not within a building.
• c. Peddler - Any person offering merchandise or services by going from door to door or by passing from house to house, not including regular route delivery person delivering products on a continuous order basis.
• d. Peddling - The act of offering merchandise or services for sale by going from door to door or by passing from house to house, not including regular route delivery person delivering products on 4 continuous order basis.
• e. Person - Shall mean any person acting independently or as agent or representative of any corporation or partnership.
• f. Soliciting - The act of offering merchandise or services for sale by sample or description for delivery at a future time, going door to door or passing from house to house, not including representatives of non-profit or charitable corporations organized under the laws of the State of Michigan.
• g. Solicitor - Any person offering merchandise or services for sale by sample or description for delivery at a future time, going from door to door or passing from house to house, not including representatives of non-profit or charitable corporations organized under the laws of the State of Michigan.
• h. Vending - The act of offering merchandise or services from a fixed place in a temporary structure or shelter.
• i. Vendor - Any person offering merchandise or services from a fixed place in a temporary structure of shelter.

These amendments take effect and have full force thirty (30) days after this publication. Copies of the Vendors' Regulations Ordinance and the amendments thereto are available for inspection or purchase at the Genoa Township Hall, 2980 Dorr Road, Brighton, Michigan 48116 (313/227-5225) during weekdays between 9:00 a.m. and 5:00 p.m.

Robert R. Murray, Township Supervisor

Paulette A. Skolarus, Township Clerk

Certification of Adoption

I, Paulette A. Skolarus, Genoa Township Clerk, do hereby certify that the foregoing is a true, correct and complete copy of the Genoa Township amendment to the Township Vendors' Regulations Ordinance adopted by the Township Board at a regular meeting held on the 3rd day of June , 1991, and further that public notice of the said meeting was given according to the requirements of the law, as made and provided.

Paulette A. Skolarus, Genoa Township Clerk

Vendors Regulation 1988

Section 2: License Necessity

It shall be unlawful for any person either as principal agent or representative to engage in the business of hawking, vending, peddling or soliciting as herein defined within the Township of Genoa without having first obtained a license therefore in the manner as herein provided.

Section 3: Application for License, Consent to Service, Bond, Fee, Expiration, Appeal from Denial, Exemption

• a. A person desiring to engage in the business of hawking, vending, peddling or soliciting shall file an application therefore with, and on a form provided by, the Township Clerk.
• b. The applicant shall also deposit with the Township Treasurer a cash deposit in the amount of $250.00 and pay a license fee in the amount of $5.00 per person per year, whereupon the Township Clerk shall issue a license to the applicant as herein provided.
• c. The license shall be valid for one (1) year from its date of issuance.
• d. If the clerk shall refuse to issue a license as herein provided, the applicant may appeal to the Township Board at its next regular meeting upon giving notice thereof in writing to the Township Clerk.
• e. No license shall be required of any person engaging in the retail sale of farm produce or timber providing that the produce or timber to be sold is sold at retail on the lands on which the produce or timber was grown and harvested.

Section 4: Deposits Subject to Claims

Deposits made with the Township Treasurer as required by the preceding Section shall be subject to claims in all cases where a suit has been brought against the applicant and garnishment proceedings brought against the Township. Any deposits remaining with the Township shall be returned to the applicant no sooner than six (6) months after the expiration of the license.

Section 5: Prohibited Conduct

The following conduct by a hawker, peddler, solicitor or vendor is prohibited:

• a. Entering a private residence under pretenses other than for peddling.
• b. Remaining in a private residence or on the premises thereof after the owner or occupant thereof has requested any such person to leave.
• c. Going in and upon the premise 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.
• d. Peddling or soliciting at a private residence prior to 10:00 a.m. and after official sunset time, or at any time on a Sunday or on a state or national holiday.

Section 6: Invalidation or Revocation of License

• a. A license shall become immediately void at the time a deposit required of the licensee by Section 3 shall be reduced to less than the amount required unless the applicant shall deliver to the Township additional deposits to fund the deposit to the required amount.
• b. Any such license may by revoked by the Township Board for engaging in conduct prohibited under this Ordinance after giving the applicant a hearing before the Township Board after reasonable notice of the time, date and place of hearing has been given to the licensee.

Section 7: Display of License

It shall be the duty of every person securing a license under the terms of this Chapter to display said license to any enforcement officer or any person when required to do so.

Section 8: Enforcement

It shall be the duty of the Ordinance Enforcement Officer and Constable of the Township to require any person seen selling or offering the sale goods, wares, and merchandise while traveling from place to place in the Township and who is not known by such Officer or Constable to be duly licensed to produce his license and to enforce the provisions of this Ordinance against any person found violating the same.

Section 9: Penalty

Any person, corporation, partnership or any other legal entity who shall violate or fail to comply with any of the provisions of this Ordinance or any of the regulations adopted in pursuance thereof, shall be guilty of a misdemeanor and upon conviction thereof, may be fined not more than Five Hundred ($500.00) Dollars or imprisoned not more than ninety (90) days, or both, in the discretion of the court.

Section 10: Severability

This Ordinance and the various parts, sections, and clauses thereof are hereby declared to be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a Court of competent jurisdiction, it is hereby provided that the remainder of this Ordinance shall not be affected thereby.

Section 11: Repeal

All Ordinances in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect.

Section 12: Effective Date

The provisions of this Ordinance are hereby ordered to take effect upon expiration of thirty (30) days after publication of the Ordinance.

Section 13: Enactment

This Ordinance is hereby declared to have been adopted by the Township Board of Genoa Township, Livingston County, Michigan, at a regular meeting thereof duly called and held on the 19 day of January, 1988, and ordered to be given publication in the manner prescribed by law.

I hereby certify that the foregoing Ordinance was duly passed and adopted at a meeting of the Genoa Township Board held on January 19, 1988, and was published in a newspaper of general circulation in the Township of Genoa, 1988.

Paulette A. Skolarus, Genoa Township Clerk