CHAPTER IV: LICENSING 1. CHRISTMAS TREE SALES 3. JUNK YARDS 4. LIQUOR REGULATIONS 5. PEDDLERS AND SOLICITORS 6. USED CAR LOTS

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1 CHAPTER IV: LICENSING Article 1. CHRISTMAS TREE SALES 2. DOGS 3. JUNK YARDS 4. LIQUOR REGULATIONS 5. PEDDLERS AND SOLICITORS 6. USED CAR LOTS V 1

2 V 2 Charter Township of Plymouth - Licensing

3 ARTICLE 1: CHRISTMAS TREE SALES State Law Reference: Public Act 359 of 1947, as amended. IV License required. It shall be unlawful for any person to engage in the business of selling Christmas trees on any open lot in the township without first obtaining a license from the Township Clerk and paying a license fee in an amount prescribed by the Township Board by resolution. IV Application. Applications for licenses required by this article shall be made upon forms provided by the Clerk, which shall be signed and verified under oath by the applicant, if an individual, or by the authorized agent for any firm, partnership, association, corporation, company or organization and shall set forth the following: (A) If an individual, the name, address and telephone number of the individual; (B) If a partnership, the names, resident and business address and telephone number of each partner; (C) If a corporation, the name, date and state under whose laws such corporation was organized and, if a foreign corporation, whether authorized to do business in the state, the names of the principal officers, directors and local representatives, their residences and business addresses and telephone numbers; (D) If an employee, the name residence and telephone number of the employee together with written credentials setting forth the exact nature of this employment; (E) The length of time for which the license is sought; (F) Legal description and tax identification number of the property on which sales will take place; (G) Evidence of lease, permission or ownership of licensed premises; (H) Permission for the township to enter upon the premises and clean them if necessary under the provisions of Section IV-1.04 hereof; V 3

4 V 4 Charter Township of Plymouth - Licensing (I) Cash deposit of $500 to cover any required clean up under the provisions of Section IV-1.04 hereof; (J) Evidence that a Michigan Sales Tax License has been applied for, granted or waived. IV Inspections. Upon receipt of an application, the Township Clerk shall forward a copy of the application to the Township Supervisor and the department heads of the Building, Planning, Fire and Police Department. The aforementioned department heads shall review the application and submit a written response to determine that the application complies with the provisions of this and all other ordinances of the township, including the Zoning Ordinance. IV Issuance of license. The Township Clerk shall not issue the appropriate license until after receiving a written response from all of the aforementioned department heads certifying that the applicant complies with the provisions of this and all other township ordinances, including the Zoning Ordinance. IV Clean up of premises. Each licensee shall clean up the licensed premises and remove unsold trees, branches, parts of trees, refuse or debris and all signs used in connection with the sales on or before December 28 of the year the license is issued. It shall be unlawful for a licensee to abandon the licensed premises without such cleaning and removal. If any licensee fails to do the cleaning and removing, the Department of Public Works shall enter upon the premises, do the cleaning and removing and charge the cost thereof to the cash deposit. The remainder of the deposit, if any, shall be refunded. Any licensee who performs his obligations shall be refunded his deposit on or before the next succeeding January 15. IV Locations. Christmas trees may be sold without the use of a building in OS, C-1, C-2 and IND Zoning Districts or by churches, schools or other non-profit organizations on property owned by such institution or organization in any zoning district. IV Exemption. Local charitable, benevolent or educational non-profit organizations shall not be required to pay a license fee, but shall deposit the clean up bond.

5 Christmas Tree Sales V 5 IV Hours of operation. Sales of Christmas trees may occur between 10:00 a.m. and 10:00 p.m. IV Lighting. No licensed premises may be lighted so as to distract or annoy passing motorists. IV Penalty. Any person, firm or corporation who shall violate any provision of this article shall be punished as provided in the General Provisions of the township code. Each day that the violation continues shall be deemed a separate offense.

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7 ARTICLE 2: DOGS State Law Reference: Public Act 339 of 1919, as amended. IV Purpose. The purpose of this article is to promote the public health, safety, comfort and general welfare of the community through the proper control of dogs by their owners and others. IV 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: AUDIBLY IMPAIRED. Audibly impaired as defined in Section 1 of Public Act 82 of 1981 (M.C.L.A ). BLIND PERSON. A blind person as defined in Section 1 of Public Act 260 of 1978 (M.C.L.A ). DANGEROUS DOG. (1) Any dog that bites or attacks a person or other domestic animal without being provoked; (2) Any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury to, or to otherwise endanger the safety of humans or other domestic animals; (3) Any dog deemed a dangerous dog by a court of law. (4) Exceptions: A dangerous dog does not include any of the following: owner; (a) A dog that bites or attacks a person who is trespassing on the property of the dog s (b) A dog that bites or attacks a person who provokes or torments the dog; (c) A dog that is responding in a manner that an ordinary and reasonable person would conclude was designed to protect a person engaged in a lawful activity or is the subject of an assault; V 7

8 V 8 Charter Township of Plymouth - Licensing (d) A dog being used by a law enforcement officer to carry out the law enforcement officer s official duties. DEAF PERSON. A deaf person as defined in Section 1 of Public Act 82 of 1981 (M.C.L.A ). DOG. Any dog of the species Canis familiaris. KENNEL. A place where more than three dogs are kept. OWNER. Any person or other legal entity having a right of property in a dog or who harbors, cares for, exercises control over, or knowingly permits any dog to remain on premises occupied by the person or entity. PERSON WITH DISABILITIES. A person who is audibly impaired, blind, deaf, or otherwise physically limited. PHYSICALLY LIMITED. Physically limited as defined in Section 1 of Public Act 1 of 1966 (M.C.L.A ). PROVOKE. To perform a willful act or omission that any ordinary or reasonable person would conclude is likely to precipitate the bite or attack by an ordinary animal. REASONABLE CONTROL. Keeping a dog on a suitable leash or under the oral control of the owner or custodian or some other person with the permission of the owner or custodian, in all cases other than while upon private property. RUNNING AT LARGE. Permitting any dog to leave the premises of its owner without being on a leash and under the control of a person physically able to control the dog or any dog on private property not enclosed, restrained, or kept in such a manner to prevent the dog from entering a street, public place, or premises of another. SERIOUS INJURY. Any physical injury that results in broken bones or lacerations that require sutures, cosmetic surgery, or other serious medical care and treatment. IV License required. It shall be unlawful for any person to own, possess or harbor any dog six months old or over in the township unless the dog is licensed as provided in this article or to own, harbor or possess any dog six months old or over that does not at all times wear a collar or harness with a tag approved by the township. On or before May 31 of each year, the owner of any dog six months old or older, except as provided in Section IV-2.06, shall apply to the township for a license for each dog owned or kept by him or her.

9 Dogs V 9 IV Application requirements. All applications for dog licenses shall contain and/or provide the following information: (A) The breed, sex and color of the dog; (B) The full name, address and telephone number of the owner; (C) A proof of vaccination of the dog for rabies by a valid certificate of vaccination for rabies signed by an accredited veterinarian. IV Term of license. All licenses issued under the terms of this article shall be valid and operative for a term beginning the first day of January in the calendar year for which the license is issued and terminating the 31st day of December of such year. IV Fees, exemptions. (A) The license fee for all dogs in accordance with this article shall be established by resolution of the Township Board. (B) A dog is not subject to any fee for licensing if any of the following apply: (1) The dog is a guide or leader dog for a blind person, a hearing dog for a deaf or audibly impaired person, or a service dog for a physically limited person. (2) The dog is owned by a partnership, corporation, or other legal entity who trains dogs for use as a guide or leader dog for blind persons, hearing dogs for the deaf or audibly impaired persons, or service dogs for physically limited persons. (3) The dog is owned and/or used by a law enforcement officer to carry out the law enforcement officer s official duties. IV Applications after June 1st.

10 V 10 Charter Township of Plymouth - Licensing Any person becoming the owner after the first day of June of any year of any dog six months old or over which has not already been licensed by the township or any person owning a dog which becomes six months old after the first day of June of any year shall apply for and secure a license for the dog. The license shall be issued without penalty, providing the application is made within 30 days after the owner has acquired the dog or after the dog has reached the age of six months. IV Issuance of dog license. Upon receipt of required documentation and fee payment, the dog owner will be issued a license for the dog for the calendar year and will be given a tag which will be inscribed with the year, license serial number and the words Dog License Plymouth Township, MI. The tag must be attached to the collar or harness of the dog at all times and no person shall remove any license tag from any dog without the consent of the owner or the person to whom the license was issued. No license or license tag issued for one dog shall be transferable to another dog. IV Lost tags. If the dog license tag is lost, it shall be replaced by the township, upon application by the owner of the dog, and upon production of the original licensing receipt. The cost of the replacement shall be established by resolution. IV Kennel license required. No person shall own or operate any dog kennel in the township without having first secured a kennel license. For purposes of this article, any person who keeps more than four dogs which are three months old or over on any one property in the township shall be deemed to be operating a dog kennel. No kennel shall be operated or maintained except in a district where permitted by zoning. IV Application for kennel license. Any person who shall keep or operate a kennel shall, in lieu of the individual license required under this article, make an application to the township for a kennel license, entitling the applicant to keep or operate a kennel. The application shall set forth the name and residence of the applicant and the number of dogs sought to be kept. The application shall also state the purpose for which the kennel is to be maintained. Other information may be requested by the township. IV Fees for kennel license.

11 Dogs V 11 The kennel license applicant shall pay to the township a license fee as set by Township Board resolution. If the kennel was established prior to the first day of March of the year in which the license is sought, and application is not made prior to the first day in March, fees for the kennel license shall be double the amounts set forth. If the kennel is established after the first day of March, there shall be no penalty if application is filed within 30 days after establishment of the kennel. IV Issuance of kennel license. Upon receipt of required documentation and fee payment, the township shall issue a kennel license setting forth the maximum number of dogs which may be kept and at the same time shall issue the applicant a number of suitable tags equal to the number of dogs authorized by the license. All dogs in the kennel shall wear a collar or harness with the license tag attached and the tags shall be used for no dogs other than those in the kennel. IV Maintenance required for a kennel. Any kennel operated or maintained in the township shall be kept in a sanitary condition at all times and is subject to inspection by any township authorized representative without notice. It shall be unlawful for any kennel operated within the township to operate in a way as to cause harm or endanger any person of the public. Failure to comply shall result in the license for operation of the kennel to be revoked. IV Offenses by dogs. It shall be unlawful within the township to: (A) Harbor or keep any dog, which by loud and/or frequent or habitual barking, yelping, or howling, is a severe nuisance in the neighborhood or to people passing by on the streets of the township. (B) Harbor or keep any dog which has been deemed to be a dangerous dog as described in this article, unless the dog is kept in a manner consistent with the requirements of this article. (C) Permit a dog to run at large as defined in this article. (D) Harbor or keep any dog that is not licensed pursuant to the requirements of this article. IV Yard cleanliness. All persons owning, keeping or harboring any dog shall maintain the premises on which the dog has access in a sanitary condition that will not create a health hazard or cause odors that will offend neighbors or persons that may pass in the street or will attract flies or vermin.

12 V 12 Charter Township of Plymouth - Licensing IV Confinement of dogs. Every dog shall be confined upon the premises of its owner except when the dog is leashed or otherwise under the reasonable control of the owner as designated in this article. IV Rabies prevention. Any person who shall have in his or her possession a dog which has contracted rabies, been exposed to rabies, is suspected of having rabies, or which has bitten any person, shall, upon demand of the Police Department surrender the dog to the Police Department or Health Department to be held for observation and treatment as required. It is the duty of every person owning or harboring a dog which has been attacked or bitten by another dog or animal showing the symptoms of rabies to immediately notify the Police Department or Health Department of the incident. Whenever a dog is brought to the pound after biting a person, the Police Department may, if deemed necessary and advisable, have the dog destroyed after holding the dog for a sufficient length of time to meet the requirements of the Health Department for investigation. IV Dog Pound. A dog pound for the township is to be located in suitable quarters in a place and location selected by the Township Board. IV Impounding of dogs. All dogs found running at large or being kept in any place within the township, contrary to the provisions of this article, shall be seized by the township appointed designee(s) and placed in the referenced dog pound. IV Release of dogs. An owner or his authorized agent may redeem a dog from the dog pound by executing a sworn statement of ownership, furnishing a license and tag as required by this article and state law, and paying for any costs incurred by the township for impoundment as set by resolution of the Township Board. If the dog is unlicensed, the dog must be properly immunized and licensed, at the owner s expense, prior to release of the dog and may be subject to additional fines. The Police Department shall keep a record of all seizures of dogs and the collection of fees and other monies and make monthly reports to the Township Board.

13 Dogs V 13 IV Disposition of seized dogs. When dogs are found running at large, and their ownership is known, an authorized township representative shall make every reasonable effort to notify the owner, by mail or otherwise, to inform the owner that the dog is impounded. If no owner has claimed the dog within five days of the seizure and impoundment, the animal may be sold or disposed of in the manner provided by law. Any dog sold at auction must be properly immunized and licensed at the cost of the purchaser. Dogs impounded that have been exposed to rabies or any dog that has attacked a person shall be kept until such time and under such conditions as required by the Police Department or Health Department. IV Quarantine. The Township Supervisor is hereby authorized to require that any dog be quarantined for any defined period when, in his or her opinion, such measures are necessary to protect the health of the inhabitants of the township. IV Penalty. Unless otherwise provided, any person, corporation, partnership or any other legal entity who violates the provisions of this ordinance shall be guilty of a misdemeanor and may be fined not more than $500 or imprisoned for not more than 90 days, or both, at the discretion of the court.

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15 ARTICLE 3: JUNK YARDS State Law Reference: Public Act 339 of 1919, as amended. IV 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. Any person duly authorized by the township to enforce the ordinances, laws and regulations of the township. JUNKYARD. An open area where waste, used, discarded or salvaged materials are bought, sold, exchanged, bailed, packed, disassembled, handled or stored, including, but not limited to, scrap iron and other metals, paper, rags, rubber tires, bottles and including automobile wrecking yards and any area of more than 200 square feet for storage keeping or abandonment of junk but does not include uses established entirely in an enclosed building. PERSON. Any person, employee, firm, partnership, association, company, corporation or organization of any kind. IV License and fees. (A) Licenses. Any person operating or maintaining a junkyard in the township shall obtain an annual license for operation of maintenance from the Township Clerk. All licenses granted under the provisions of the ordinance shall expire on December 31 of each year. Licenses shall not be transferable. Every license granted hereunder shall be displayed at all times by the licensee in a conspicuous place on the premises. (B) Fees. There shall be an annual fee for the license in an amount as shall be established from time to time by resolution of the Township Board. IV Application. (A) Form. The application for a junk yard license shall be submitted on a form prescribed by the Township Clerk. The application shall contain, as a minimum, the following information: V 15

16 V 16 Charter Township of Plymouth - Licensing (1) The applicant s name, address, date of birth, home telephone number, business telephone number, business address and applicant s previous address for the past five years; (2) The extent of operation expected, size of junk yard, lighting to be employed at night, size of signs to be erected, number and size of structures to be located thereon and the hours of operation per a 24-hour day; (3) The managers or agents to be employed, name address, date of birth, title and home telephone number; (4) The applicant s previous experience as a junk yard lot operator; (5) A signature and printed name. (B) Inspections. Upon receipt of an application, the Township Clerk shall notify all department heads of the application by forwarding a copy to the department heads and requesting from them a review of the application and a written response to determine that the premises complies with the provisions of this or any other ordinances of the township, including the Zoning Ordinance. IV Rules; Regulations and conditions. All licenses issued under this article shall be issued subject to the following rules, regulations and conditions: (A) All licensees shall maintain their junk yard and the property concerned therewith in an orderly, safe and neat appearing manner; (B) The licensee shall, at least once each month, prepare and mail to the Department of State in East Lansing, Michigan, at the Secretary of State at Lansing, Michigan, a sworn statement of all purchases and sales made by the licensee as is required by Public Act 12 of 1929 (M.C.L.A et seq.); (C) The enforcement officer shall have access at all times to all premises where a junk yard license is in effect and it shall be the duty of the officers to periodically investigate and inspect the premises and records of operation; (D) The Township Board reserves the right to revoke any license issued under this article and to refuse to issue a license hereunder if it appears to the Township Board that the operation of a junk yard would be against the public health, interest and general welfare or that this article has in any manner been violated.

17 Junk Yards V 17 IV Violations; Misdemeanor; Penalties. Any person, firm or corporation who shall violate any provision of this article shall be punished as provided in the General Provisions of the township code. Every act or violation and every day upon which such violation shall occur shall be considered a separate offense.

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19 ARTICLE 4: LIQUOR REGULATIONS State Law Reference: Public Act 58 of 1998, as amended. IV Purpose. The purpose of this article is to establish procedures and standards for review of applications, renewals and revocations of licenses to sell beer and wine or spirits and to provide for inspections of liquor establishments. IV Application for new license. (A) Application. Applications for a license to sell beer and wine or spirits shall be made to the Township Board, in writing, signed by the applicant, if an individual, or by a duly authorized agent thereof, if a partnership or corporation, verified by oath or affidavit and shall contain the following statements and information: (1) The name, age and address of the applicant in the cases of an individual; or, in the case of a co-partnership, the persons entitled to share in the profits thereof; in the case of a corporation, the objects for which it is organized, the names and addresses of its officers and directors, and, if a majority interest in the stock of such corporation is owned by one person or his nominee, the name and address of the person; (2) The citizenship of the applicant, his place of birth and, if a naturalized citizen, the date and place of his naturalization; (3) The character of business of the applicant and in the case of a corporation, the object for which it was formed; (4) The length of time the applicant has been in business of that character or, in the case of a corporation, the date when its charter was issued; (5) The location and description of the premises or place of business which is to be operated under the license; (6) A statement whether applicant has made application for a similar or other license on premises other than described in this application and the disposition of the application; V 19

20 V 20 Charter Township of Plymouth - Licensing (7) A statement that applicant has never been convicted of a felony and is not disqualified to receive a license by reason of any matter or thing contained in this article or the laws of the State of Michigan; (8) A statement that the applicant will not violate any of the laws of the State of Michigan or of the United States or any code of the township in the conduct of its business; (9) The application shall be accompanied by building and plat plans showing the entire structure and premises and in particular the specific areas where the license is to be utilized. The plans shall demonstrate adequate off-street parking, lighting, refuse disposal facilities and, where appropriate, adequate plans for screening and noise control. (B) Restrictions on licenses. No license shall be issued or renewed to: (1) A person whose license, under this article, has been revoked for cause; (2) Any person who, at the time of application or renewal of any license issued hereunder, would not be eligible for the license upon a first application; license; (3) A co-partnership, unless all of the members of the co-partnership shall qualify to obtain a (4) A corporation, if any officer or director thereof or a stock owner or stockholders owning in the aggregate more than 5% of the stock corporation would not be eligible to receive license hereunder for any reason; (5) A person whose place of business is conducted by a manager or agent unless the manager or agent possesses the same qualifications required of the licensee; (6) A person who has been convicted of a violation of any federal or state law concerning the manufacture, possession or sale of alcoholic liquor; (7) A person who does not have title to the premises for which a license is sought or does not have a lease therefor for the full period for which the license is issued; (8) Any law enforcement officer or any member of the Township Board; (9) For premises where there exists a violation of the applicable Building, Electrical, Mechanical, Plumbing or Fire Codes, applicable Zoning Regulations or applicable Public Health Regulations; (10) For any premises unless the sale of beer, wine or spirits is shown to be incidental and subordinate to other permitted business uses upon the site, such as, but not limited to, food sales and motel operations;

21 Liquor Regulations V 21 (11) For premises where it is determined by a majority of the Board that the premises do not or will not reasonably soon after commencement of operations have adequate off-street parking, lighting, refuse disposal facilities, screening, noise or nuisance control; (12) Where the Board determines by a majority vote that the proposed location is inappropriate considering: the desirability of establishing a location in developed, commercial areas in preference to isolated, undeveloped areas; the attitude or adjacent residents and property owners; traffic safety; accessibility to the site from abutting roads; capability of abutting roads to accommodate the commercial activity; distance from public or private schools for minors; proximity of an inconsistent zoning classification; and accessibility from primary roads or state highways. (C) Term of license. Approval of a license shall be for a period of one year, subject to annual renewal by the Township Board upon continued compliance with the regulations of this article. Approval of a license shall be with the understanding that any necessary remodeling or new construction for the use of the license shall be commenced within six months of the Township Board or the Michigan Liquor Control Commission approving the license, whichever last occurs. Any unusual delay in the completion of the remodeling or construction may subject the license to revocation. (D) License hearing. The Township Board shall grant a public hearing upon the license application. Following the hearing, the Board shall submit to the applicant a written statement of its findings and determination. The Board s determination shall be based upon satisfactory compliance with the restrictions set forth in Section IV-4.01 (A)(1) through (9). IV Objections to renewal and request for revocation. (A) Procedure. (1) Before filing an objection to renewal or request for revocation of a license with the Michigan Liquor Control Commission, the Township Board shall serve the license holder, by first class mail, mailed not less than ten days prior to hearing, a notice of hearing, which notice shall contain the following: (a) Notice of proposed action; (b) Reasons for the proposed action; (c) Date, time and place of hearing; (d) A statement that the licensee may present evidence and testimony and confront adverse witnesses. (2) Following a hearing by the Board, the Township Board shall submit to the license holder and the Commission a written statement of its findings and determination.

22 V 22 Charter Township of Plymouth - Licensing (B) Criteria for non-renewal or revocation. The Township Board shall recommend by majority vote non-renewal or revocation of a license upon a determination by it that, based upon competent, material and substantial evidence presented at a hearing, either of the following exists: (1) Violation of any of the restrictions on licenses set forth in Section IV-4.01 (B) (1) through (12) above; or, (2) Maintenance of a nuisance upon the premises. A nuisance is defined as follows: (a) Selling or furnishing alcoholic liquor, on at least three separate occasions in a single calendar year, to a person who is less than 21 years of age, provided that such sale and furnishing does not involve the use of falsified or fraudulent identification by the person who is less than 21 years of age; (b) Allowing the premises to be used for the unlawful manufacturing, bartering, using or furnishing of any controlled substance as defined by the laws of the State of Michigan; (c) Allowing the premises to be used for the purpose of lewdness, prostitution or gambling; or, (d) Any other acts or conduct which, by competent, material or substantial evidence, the Township Board declares to be a nuisance, provided, that the nuisance is subject to injunction and/or abatement as provided by the laws of the State of Michigan. IV Inspections. (A) The Township Police Department shall inspect not less than monthly all liquor establishments licensed under the Liquor Control Code of 1998 of the State of Michigan and report the results of all inspections promptly to the Township Board. The Police Department shall further promptly investigate all complaints received by it concerning violations of the Michigan Liquor Control Code of 1998 or improper operations and practices concerning alcoholic liquor traffic within the township and report the same to the Township Board and, when appropriate under the Michigan Liquor Control Code of 1998, to the Michigan Liquor Control Commission for appropriate proceedings against the violator. (B) Police officers shall have the right to inspect any place in the township where alcoholic liquor is manufactured, sold, offered for sale, kept for sale, possessed or transported or where the inspector suspects the same is being thus manufactured, sold, offered for sale, kept for sale, possessed or transported. Whenever possible, all inspection reports shall be made on Liquor Law Enforcement Inspection forms furnished by the Michigan Liquor Control Commission or on similar forms otherwise obtained by the Township Liquor Control Enforcement Department.

23 Liquor Regulations V 23 IV Penalties. (A) Any person, other than persons required to be licensed under the Michigan Liquor Control Code of 1998, who shall violate any of the provisions of the article shall be guilty of a misdemeanor and punished as provided in the General Provisions of the township code. (B) Any licensee who shall violate any of the provisions of the Michigan Liquor Control Code of 1998 or any rule or regulation of the Michigan Liquor Control Commission promulgated thereunder or who shall violate any of the provisions of this ordinance and any person who shall prohibit or interfere with the authorized inspection by a township police officer shall be guilty of a misdemeanor and punished as provided in the General Provisions of the township code.

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25 ARTICLE 5: PEDDLERS AND SOLICITORS State Law Reference: Public Act 359 of 1947, as amended. IV 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: PEDDLER. Any person who goes from place to place selling or offering for sale goods, wares, merchandise and all kinds of property, traveling on foot or in vehicles and selling from house to house or by crying his wares from the street. This shall include any individual taking or attempting to take orders for sale of goods, wares and merchandise, books or magazines, insurance policies of any kind, personal property of any nature whatsoever for future delivery or for services to be furnished or performed in the future. The term shall include street vendors, hawkers and hucksters. PEDDLING. Going from place to place selling or offering for sale goods, wares, merchandise and all kinds of property, traveling on foot or in vehicles and selling from house to house or by crying your wares from the street. This shall include taking or attempting to take orders for sale of goods, wares and merchandise, books or magazines, insurance policies of any kind, personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future. SOLICITATION. Traveling either by foot, wagon, automobile, motor truck or any other type of conveyance from place to place, from house to house or from street to street for the purpose of soliciting funds or pledges. SOLICITOR. Any individual, group, association or non-profit corporation, whether a resident of the township or not, traveling either by foot, wagon, automobile, motor truck or any other type of conveyance from place to place, from house to house or from street to street for the purpose of soliciting funds or pledges. TRANSIENT MERCHANT. Any person, firm or corporation engaged temporarily in a retail sale of goods, wares or merchandise, excluding the sale of Christmas trees, in any place in the township and who, for the purpose of conducting the business, occupies or uses any lot, building, room, structure or any kind of vehicle. The terms shall include: (1) Itinerant merchants ; (2) Itinerant vendors ; V 25

26 V 26 Charter Township of Plymouth - Licensing (3) Persons, firms or corporations who shall be engaged in selling goods, wares or merchandise at retail in this township and who are not on the tax rolls of this township; (4) Any person, firm or corporation who commences a business of selling goods, wares and merchandise at retail within this township after the first day of January in any year and who is not assessed on the tax roll for the year. The person, firm or corporation so engaged shall not be relieved from complying with the provisions of this article merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer or by conducting the transient business in connection with, as a part of or in the name of any local dealer, trader, merchant or auctioneer; and, (5) TRANSIENT MERCHANT shall not include any produce merchants to whom a food handler s license shall have been issued. IV Prohibited activity. (A) Meat sales prohibited. No person shall sell or peddle fresh meat upon any street, alley or public place. (B) Transient merchant; prohibited activity. It shall be unlawful for any transient merchant, itinerant merchant, or itinerant vendor to engage in the business within the township. IV Peddlers; license requirements. No person shall engage in the business of peddling without first obtaining a peddlers license from the Township Clerk. IV Peddlers; helpers. No licensed peddler shall be entitled to more than one helper on foot for each vehicle used in the business. IV Peddling; restriction; schools. No peddler shall stop for the purpose of selling or offering to sell any food products within a distance of 500 feet from any public, private or parochial school building or the lands on which the school buildings are located in the township on any days during which the school is in session or on any days during which the building is being used for educational or recreational purposes. No licensee operating as a peddler shall unreasonably interfere with traffic or cause or permit large numbers of persons, particularly children, to congregate upon the public streets of this township.

27 Peddlers and Solicitors V 27 IV Peddling; hours of operation. No person shall engage in the business of peddling between the hours of 6:00 p.m. and 9:00 a.m. IV Peddlers license; application. (A) Applications for licenses required by this article shall be made upon forms provided by the Clerk, which shall be signed and verified under oath by the applicant, if an individual, or by the authorized agent for any firm, partnership, association, corporation, company or organization and shall set forth the following: (1) If an individual, the name, address and telephone number of the individual; partner; (2) If a partnership, the name, resident and business address and telephone number of each (3) If a corporation, the name, date and state under whose laws the corporation was organized and, if a foreign corporation, whether authorized to do business in the state, the names of the principal officers, directors and local representatives, their residences and business addresses and telephone numbers; (4) If an employee, the name, residence and telephone number of the employee together with written credentials setting forth the exact nature of his employment; (5) The length of time for which the right to do business is sought; (6) A copy of the drivers license or state identification card and a photograph of the applicant or the agent for the applicant who is to do the actual, peddling, which photograph shall be two inches by two inches showing head and shoulders of applicant or agent; (7) A copy of the applicant s computerized criminal history (CCH); (8) A copy of the applicant s master driving record; A lessee, tenant, or portable vending equipment operator vending with the permission of and within a commercial establishment and not using a motor vehicle regulated under the Michigan Vehicle Code, Public Act 300 of 1949 (M.C.L.A et seq.), is exempt from the requirement to include a copy of his master driving record with the application, but only to the extent that the application is restricted to the vending without the use of a motor vehicle regulated under the Michigan Vehicle Code, Public Act 300 of 1949 (M.C.L.A et seq.) (9) A brief description of the product, products or services involved;

28 V 28 Charter Township of Plymouth - Licensing (10) If any peddling is to be carried on by a minor or minors between the ages of 14 and 17 years, an approved copy of the State Department of Labor Form L52 showing the approved hours of work and the type of soliciting, canvassing or peddling to be done shall be attached to the application; (11) The name, address and telephone number of a Michigan resident who is the registered agent of the individual, corporation or association, who has the full power and authority to accept service of process for and on behalf of applicant in respect to any matters connected with or arising out of the business transacted under the license with the result that service on the agent shall be valid as if personally served in the applicant; (12) A history of the applicant s peddler s license revocations and ordinance violations. (B) The application shall be accompanied by a nonrefundable application fee to be established by resolution of the Township Board. The Township Board may, from time to time, modify the established fee schedule. The application fee is separate from the license fee described in Section IV IV Inspections. Upon receipt of an application for a peddlers license, the Township Clerk may request the assistance of the Township Departments to determine that the premises comply with the provisions of this and any other ordinance of the township, including the Zoning Ordinance, and that the applicant or the activity to be licensed do not constitute an apparent danger to the health, safety and welfare of the people of the township. IV Issuance of peddlers license; term. The Township Clerk shall issue a license and an identification card to the applicant and the applicant s employees unless the Clerk finds reason for denial including that the applicant s license has previously been revoked. The license shall be no more than six months in term. The Standards for denial of the application by the Township Clerk are as follows: (A) The application is not completely filled out as required by Section IV-5.06(A). (B) The applicant s Computerized Criminal History (CCH) shows convictions for activities that pose a threat or a danger to the residents of the township should a license be granted. By way of example, but not exclusively, the convictions would include reckless driving, drunk driving, disturbing the peace, assault and battery or simple assault, domestic violence, stalking, theft, dishonesty or deception, fraud, obstruction of justice, disorderly person, trespassing, window peeping, criminal sexual conduct, felonious assault, murder, assault with intent to commit any other crime, breaking and entering and/or any other violation of the Criminal Code of the State of Michigan, United States Code and/or any other violation of the Criminal Code of the State of Michigan, the United States Codes or local ordinances pertaining to criminal conduct.

29 Peddlers and Solicitors V 29 (C) The product or services being offered violate any provision of federal, state or local laws, rules or regulations. (D) The applicant proposes to use peddlers who are minors under the age of 14 years or, if between the ages of 14 and 17 years, do not have an approved copy of the State Department of Labor form L52. (E) Verification of any of the information required by Section IV-5.06 shows the information provided by the applicant to be fraudulent, a misrepresentation, or a false statement. (F) An investigation through the Township Police Department or any other law enforcement agency shows a pattern and history of conduct which would justify a revocation of the applicant s license under Section IV (G) The applicant or any of the proposed employees of the applicant have a history of peddler s and/or solicitor s license/permit violations, revocations, or a history of ordinance violations regardless of whether they have resulted in conviction. (H) Failure to pay the nonrefundable application fee. (I) No license shall be issued to any applicant as a solicitor or peddler until the applicant shall have obtained the age of 18 years, except that a person between the ages of 12 and 18 years may be issued a license as a solicitor or peddler, if the applicant is accompanied by a sponsoring adult at both the time of applying for the license and at the actual time of selling the products. (J) Any other competent, material and substantial evidence indicating the applicant or any of the applicant s proposed employees pose an apparent danger to the health, safety and welfare of the people of the township and/or the activity proposed to be licensed constitutes an apparent danger to the health, safety and welfare of the people of the township. IV Denial of peddlers license application; appeal hearing. (A) The Clerk may refuse to issue a license for the reasons stated in Section IV (B) Any person whose license application has been denied shall have the right to petition the Board of Trustees of the township for an appeal. The Township Board shall grant a public hearing on this appeal, and the applicant shall have the right to appear and present evidence on his/her behalf. Following the hearing, the Board shall submit to the applicant a written statement of its findings and determinations. The Board s determination shall be based upon competent, material and substantial evidence establishing the reasons stated in Section IV-5.08.

30 V 30 Charter Township of Plymouth - Licensing IV Peddling; exempt persons. (A) Any person under 18 years of age, when engaged in peddling on foot in the neighborhood of his residence under the direct supervision of any school or recognized charitable or religious organization, shall be exempt from the licensing requirements of Section IV-5.02, but shall be subject to the other provisions of this article. (B) Any person who has obtained a peddler s license from the state pursuant to Public Act 359 of 1921 (M.C.L.A et seq.), on account of such person being honorably discharged from the armed forces of the United States of America shall be exempt from the peddlers licensing provisions of this article. IV Revocation of license; appeal. (A) Licenses issued pursuant to Section IV-5.08 may be revoked by the Township Clerk upon the Clerk s findings based upon competent, material and substantial evidence of any of the following causes: (1) Any fraud, misrepresentation or false statement contained in the application for license; (2) Any fraud, misrepresentation or false statement made in connection with the selling of goods, wares or merchandise; (3) Any violation of this Article; (4) Conviction by the licensee of any felony; or, peace. (5) Conducting the business in an unlawful manner or in a manner as to constitute breach of the (B) Notice of the revocation of a license shall be given in writing, setting forth specifically the grounds for the revocation. The notice shall be mailed, postage prepaid, to the licensee at the address provided in the application. (C) Any licensee whose license has been revoked as herein provided shall have the right to appeal the revocation to the Township Board as provided in Section IV IV Surrender of license on demand; return. The license shall be surrendered on demand to a police officer based upon a probable cause belief by the officer that the licensee is in violation of this article. The license shall be returned to the licensee within 72 hours upon failure of the Township Clerk to find cause to revoke the license as provided in Section IV-5.11.

31 Peddlers and Solicitors V 31 IV Solicitor; registration requirement. No person shall engage in soliciting or as a solicitor within the township without first registering with the Township Clerk. IV Solicitor; registration application. The Solicitor s registration application shall be made upon forms provided by the Clerk, which shall be signed and verified under oath and shall contain the following information: (A) Name and a description of the applicant; (B) The permanent home address and local address of the applicant; (C) The name of the organization the applicant represents or will be soliciting on behalf of, the organization s local address and the address of the headquarters or the organization; (D) The length of time for which the right to solicit is desired; (E) A brief description of the non-exempt solicitation to be performed, including the topic; (F) A color copy of the drivers license or state identification card of the applicant, and a copy of the identification badge and card from the organization (if any) for which the applicant is to do the actual soliciting; (G) The applicant s signed affidavit as to bona fide religious, charitable or non-profit status of the organization the applicant represents. IV Solicitation without registration. Except as exempted herein, any individual, group, association or non-profit corporation who engages in solicitation without first registering with the Township Clerk and obtaining a registration form shall receive a warning and shall not continue to solicit without duly registering. Any individual, group, association or non-profit corporation who receives two or more warnings for unregistered solicitation shall, upon conviction thereof, be guilty of a misdemeanor. IV Soliciting; hours of operation. No individual, group, association or non-profit corporation shall engage in solicitation between the hours of 9:00 p.m. and 8:00 a.m.

32 V 32 Charter Township of Plymouth - Licensing IV Solicitation; exempt persons. Any person involved only in religious proselytizing, political speech (anonymous or otherwise) or distribution of handbills, but not fundraising, shall be exempt from the regulations contained in this article. IV Property owners posted prohibition of soliciting or peddling. It shall be unlawful for an individual, group, association, partnership or corporation to engage in solicitation, peddling, religious proselytizing, political speech (anonymous or otherwise), or distribution of handbills at any time on premises where the property owner, or person in control of the property, has clearly posted a notice that solicitors and peddlers are prohibited or otherwise not allowed. IV License fees. For each license issued under the provisions of this article, the applicant shall pay the fee, as set by resolution of the Township Board, for the month(s) or part thereof during which the license shall be valid. IV Transfer or misuse of license, badge or identification. No license, badge or identification card issued under the provisions of this article shall be used or worn at any time by any person other than the one to whom it was issued and only when engaged in the activities for which the license or identification card was issued. IV Display. (A) Unless exempt, it shall be unlawful for any person to operate as a peddler or solicitor without displaying on the outer clothing the identification card issued by the Township Clerk s office. Unless exempt, each vehicle, conveyance and container must have a license attached to it so it can be seen from the outside of the vehicle, conveyance or container. (B) Peddlers and solicitors are required to exhibit their license and/or registration form at the request of any citizen or public official. IV Violation and penalty. Unless otherwise provided, any person, corporation, partnership or any other legal entity who violates the provisions of this ordinance shall be guilty of a misdemeanor and may be fined not more than $500 or imprisoned for not more than 90 days, or both, at the discretion of the court.