Transient Merchant License Application

 Transient Merchant License Information

According to Ordinance 2-3C-1, a transient merchant or vendor is any person or firm who engages in a temporary business exhibiting goods in a booth, tent, or other definable physical space.  Application must be made at least forty five (45) days before the commencement of such activities.  Any application must include the name and description of applicant, local and legal address, a brief description of the nature of the business and goods to be sold, the name and address of the employer together with credentials establishing the exact relationship, the length of time the business will operate, a description and license number of any vehicle to be used, a 2″ x 2″ photograph of applicant taken within sixty (60) days and a photograph of the intended structure  in which to display goods, fingerprints of the applicant, statement as to whether the applicant has been convicted of any crime, misdemeanor, or violation of municipal ordinance, and if, the applicant intends to handle food, a statement by a registered physician, dated not more than ten (10) days before submission of application, that the applicant is free of infectious, contagious, or communicable disease.  

The permit fee is $50. 

2-3C-1: DEFINITION:

A “transient merchant”, “itinerant merchant”, or “itinerant vendor”, is defined as any person, firm or corporation, whether as owner, agent, consignee or employee, whether a resident of the Township or not, who engages in a temporary business of selling and delivering goods, wares, merchandise and provisions within Thomas Township and who, in furtherance of such purpose, hires, leases, uses or occupies any booth, building, structure, vehicle, tent, boat, motel, hotel, lodging house, apartment, shop or space upon any street or alley, parking lot, or other place within the Township for the exhibition and sale of such merchandise, either privately or at public auction. The person, firm or corporation so engaged shall not be relieved from complying with the provisions of this Article merely by reason of association temporarily with any local dealer, trader, merchant or auctioneer or by conducting such transient business in connection therewith, as a part of, or in the name of, any local dealer, trader, merchant or auctioneer. (Ord. 97-G-26, 10-6-1997, eff. 11-14-1997)

2-3C-2: LICENSE REQUIRED:

It shall be unlawful for a “transient merchant”, “itinerant merchant”, or “itinerant vendor”, as defined herein to engage in such business within Thomas Township without first obtaining a license therefor in compliance with provisions of this Article. (Ord. 97-G-26, 10-6-1997, eff. 11-14-1997)

2-3C-3: EXEMPTIONS FROM LICENSE:

The licensing provisions of this Article shall not apply to:

A. A person selling goods, wares, or merchandise of any description raised, produced, or manufactured by the individual offering the same for sale.

B. 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:

1. The sponsor is a governmental entity or nonprofit organization.

2. The person provides the sponsor with the person’s sales tax license number.

3. The sponsor provides a list of the event’s vendors and their sales tax license numbers to the County Treasurer and the State Treasurer. (Ord. 97-G-26, 10-6-1997, eff. 11-14-1997)

2-3C-4: APPLICATION:

A. Information Required: At least forty five (45) days prior to the date of the commencement of the period for which the license is intended to be used, applicants for a license must file with the Township Clerk a sworn application in writing, on a form to be furnished by the Township Clerk, which shall give the following information:

1. Name and description of the applicant;

2. Address (legal and local);

3. A brief description of the nature of the business and the goods to be sold;

4. If employed, the name and address of the employer together with credentials establishing the exact relationship;

5. The length of time for which the right to do business is desired:

6. If a vehicle is to be used, a description of the same, together with license number or other means of identification;

7. One photograph of the applicant, taken within sixty (60) days immediately prior to the date of the filing of the application, which pictures shall be two inches by two inches (2″ x 2″) showing the head and shoulders of the applicant in a clear and distinguishing manner; and also a photograph of the booth, structure, vehicle or other base or station used in merchandising which portrays the applicant’s intended display or exhibit;

8. The fingerprints of the applicant;

9. A statement as to whether the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor;

10. If applicant intends to handle or sell anything edible by human beings, he shall also file with his application a statement by a registered physician in the County of Saginaw, dated not more than ten (10) days prior to submission of the application of the applicant, certifying the applicant to be free of infectious, contagious or communicable disease.

B. Fee: At the time of filing the application, an application fee set by Board resolution shall be paid to the Township Clerk.

C. Form Contracts: Applicant shall file with the complete application a copy of any form contracts to be used in the course of applicant’s business under this Ordinance.

D. Additional Information: Applicants for a permit or license to do business as a “transient merchant” as defined herein shall, besides the information in this Section 2-3C-4 file a statement showing:

1. The name(s) of the person(s) having the management or supervision of applicant’s business during the time that it is proposed it will be carried on in Thomas Township; the local address(s) of such person(s); the capacity in which such person(s) will act (that is, whether as proprietor, agent or otherwise); the name and address of the person, firm or corporation for whose account the business will be carried on, if any; and if a corporation, under the laws of what state the same is incorporated.

2. The place(s) in Thomas Township where it is proposed to carry on the applicant’s business.

3. The place(s), other than the permanent place of business of the applicant where applicant, within the six (6) months preceding the date of said application, conducted a transient business, stating the nature thereof and giving the post office and street address of any building or office in which such business was conducted.

4. A statement of the nature, character and quality of the goods, wares or merchandise to be sold or offered for sale by applicant in Thomas Township, whether same are proposed to be sold from stock in possession or from stock in possession and by sample, at auction, by direct sale or by direct sale and by the taking of orders for future delivery; where the goods or property proposed to be sold are manufactured or produced and where such goods or products are located at the time said application is filed.

5. A brief statement of the nature and character of the advertising done or proposed to be done in order to attract customers, and, if required by the Township, copies of all said advertising, whether by handbills, circular, newspaper advertising, or otherwise, shall be attached to said application as exhibits thereto;

6. Credentials from the person, firm or corporation for which the applicant proposes to do business, authorizing the applicant to act as such representative; and two (2) references in writing from someone who has known the applicant personally;

7. Such other reasonable information as to the identity or character of the person(s) having the management or supervision of applicant’s business or the method or plan of doing such business as the Township Clerk may deem proper to fulfill the purpose of this Article in the protection of the public good;

8. Completion of site plan review by the Zoning Administrator in accordance with the Zoning Ordinance; and

9. The length of time the applicant wishes to do business in the Township. (Ord. 97-G-26, 10-6-1997, eff. 11-14-1997)

2-3C-5: ACTION UPON SUBMISSION OF APPLICATION:

A. Investigation Of Applicant: Upon receipt of the application for a license, the Township Clerk shall forward a copy thereof to the Chief of Police, Fire Chief, Director of Community Development, and the Superintendent of Public Works for their respective recommendations. The Chief of Police shall cause such investigation of the applicant’s business and moral character to be made as he deems necessary for the protection of the public good and welfare. Business and moral character shall include but not be limited to those items of cause for license revocation specified in this Ordinance.

B. Approval Or Denial Of License: Upon receipt of the foregoing recommendations the Township Clerk shall approve or deny the license.

C. Issuance Of License: If approved, the Clerk shall issue a transient merchant license to the applicant upon receipt of the license fee.

D. Notice Of Denial Of License; Appeal: If denied, the Clerk shall notify the applicant of such action by certified mail, return receipt requested, and mailed to the address listed on the application. The notice of denial shall include a statement of the reasons therefor. Denials may be appealed to Township Board. (Ord. 97-G-26, 10-6-1997, eff. 11-14-1997)

2-3C-6: POSTING OF LICENSES:

Licenses issued to transient merchants under this Article shall be posted conspicuously in the place of business named therein. In the event that such person(s) applying for said license shall desire to do business in more than one place within the Township, separate licenses may be issued for each place of business, and shall be posted conspicuously in each place of business. Persons licensed under this Article are required to exhibit their licenses at the request of any citizen. (Ord. 97-G-26, 10-6-1997, eff. 11-14-1997)

2-3C-7: LOUD NOISES AND SOUND AMPLIFYING DEVICES:

No person licensed under this Article nor any person in his behalf, shall blow a horn, ring a bell or use any sound device, including any loud-speaking radio or sound amplifying system upon any of the roads, parks or other public places, for the purpose of attracting attention to any goods, wares or merchandise which such licensee proposes to sell. (Ord. 97-G-26, 10-6-1997, eff. 11-14-1997)

2-3C-8: USE OF PUBLIC AREAS:

A. Roads And Sidewalks: No person licensed under this Article, nor any person on his behalf, shall have any exclusive right to any location in the public roads or rights of way. No license shall be permitted a stationary location within a congested area if said location operates to impede or inconvenience the public use and enjoyment of Township roads and sidewalks. In furtherance thereof, the Planning Commission shall prescribe, as a condition of the license granted, specific setback areas from the Township sidewalk to assure the unimpeded flow of pedestrian movement in the vicinity of applicant’s sales exhibit.

B. Parking Lots And Driveways: No sales activity or exhibit, whether mobile or stationary, shall be conducted in, upon or so near the entrance to parking lots or driveways as to obstruct or impede the free ingress and egress of vehicular traffic therewith.

C. Exercise Of Police Powers: For the purpose of this Ordinance, the judgment of the Police Department, exercised in good faith, shall be deemed conclusive as to whether an area is congested or impeded or inconvenienced. In the processing of applications, the Township Board shall have the power to withhold and refuse to grant further permits if, in its judgment, overcrowding of thoroughfares would result, should additional licenses be granted. (Ord. 97-G-26, 10-6-1997, eff. 11-14-1997)

2-3C-9: DUTY OF POLICE TO ENFORCE:

It shall be the duty of the police officers of the Township of Thomas to examine all places of business and persons in their respective locations subject to the provisions of this Article, to determine if this Article has been complied with and to enforce this Article against any person found to be violating the same. (Ord. 97-G-26, 10-6-1997, eff. 11-14-1997)

2-3C-10: EVIDENCE OF INSURANCE:

A. Public Liability Insurance: The Township Board shall require each applicant hereunder to give evidence of the fact that such applicant is adequately insured for public liability protection; and it shall be a condition of the granting of a license hereunder that the applicant holds harmless the Township of Thomas for any loss or damage sustained by third persons through the conduct, activity or negligence of the applicant.

B. Indemnity Bond: The Township Board may also require applicant to file an indemnity bond with the Township Clerk in the penal amount of one thousand dollars ($1,000.00) to indemnify the Township of Thomas for any and all damage to Township property of any kind whatsoever, and conditioned also upon the promise that the applicant will pay to the Township of Thomas all fines and penalties which may be assessed against said applicant for the breach of any provision of this Code related to the business carried on by such person within the Township of Thomas. (Ord. 97-G-26, 10-6-1997, eff. 11-14-1997)