As used in this chapter, the following definitions shall apply:

Canvassing shall mean going door to door, place to place, or house to house without invitation to convey a noncommercial message, to discuss, examine or survey public opinion, to solicit support or votes, or to distribute handbills for any charitable, religious, civic or political purpose.

Commercial solicitation shall mean going door to door, place to place, or house to house without invitation, to take or attempt to take orders for either the immediate or future sale of goods, merchandise or services for immediate or future delivery.

Employee shall mean any person who engages in peddling, soliciting or vending on behalf of another on a full-time, part-time, or contract basis, whether or not the person is denominated an employee, independent contractor, agent, or otherwise.

Handbill shall mean any written or printed commercial or noncommercial notice distributed by hand for the purpose of conveying information, including but not limited to, any pamphlet, booklet, leaflet or flyer.

Invitation shall mean a request from an owner or occupant.

Noncommercial solicitation shall mean going door to door, place to place, or house to house without invitation, to seek or attempt to seek financial contributions for charitable, religious, civic, political or other nonprofit purposes; or to sell any merchandise for a charitable, religious, civic, political or other nonprofit purpose.

Peddling shall mean going from door to door, place to place, or house to house without invitation offering for sale any goods, merchandise, or services, except, regular route delivery-persons delivering products on a continuous order basis are excluded.

Person shall mean an individual, proprietorship, partnership, firm, corporation, association, organization, group or other legal entity.

Vending shall mean the offering of services, goods or merchandise for sale from either a fixed place in a temporary structure or from a motor vehicle, except those persons offering goods or merchandise raised, produced or manufactured by the seller on the same premises where offered for sale.

(Ord. No. C-795, § 1, 4-20-15)

Cross reference— Definitions and rules of construction generally, § 1-2.

The following persons shall be exempt from the permit requirements of this article, but shall be subject to the applicable regulatory provisions of division 2:

(1)

Persons engaged in charitable, religious, civic, political or other nonprofit canvassing or non-commercial soliciting.

(2)

Duly qualified veterans licensed by the county clerk under the License to Sell Goods Act, Public Act 359 of 1921, MCL 35.441 et seq.

(3)

Out-of-state commercial sellers that demonstrate that they are not subject to the State of Michigan sales tax license or use tax registration requirements.

(Ord. No. C-795, § 3, 4-20-15)

(a)

Business permit. It shall be unlawful for any person to engage in commercial solicitation, peddling or vending without a valid peddler, solicitor or vendor permit issued by the township clerk. In the event that the application is made by an organization, group, association, partnership, corporation, trust, or business entity, a separate application must be made for each agent or employee who will be engaging in solicitation, peddling or vending.

(b)

Employee permit. It shall be unlawful for any person to engage in commercial solicitation, peddling or vending as an employee as defined herein without a separate employee peddler, solicitor or vendor permit issued by the township clerk.

(c)

Application. An applicant for a permit shall file in person at the office of the township clerk a completed application on a form provided by the township clerk. The application shall be signed and shall be notarized. An application shall be considered complete when it contains the information and/or items required and is accompanied by the required fee.

(Ord. No. C-795, § 3, 4-20-15)

The permit application shall include the following information:

(1)

The applicant's full true name and any other names used by the applicant in the preceding five (5) years.

(2)

Current home and local address of the applicant.

(3)

If the application is for an organization, group, association, partnership, corporation, trust, or business entity, the entity name, address, legal description, mailing address and phone number.

(4)

For each applicant, written proof of age in the form of a driver's license or a copy of a birth certificate accompanied by a picture identification document issued by a governmental agency.

(5)

For each applicant, a physical description and a photograph of the applicant taken at the clerk's office showing the head and shoulders of the applicant in a clear and distinguishing manner.

(6)

If the application is for an organization, group, association, partnership, corporation, trust, or business entity, the name and business address of the statutory agent or other agent authorized to receive service of process.

(7)

If the applicant is an employee or agent, the name and address of the employer, together with documentation of employment and position.

(8)

A statement as to whether or not the applicant has been convicted of any felony, misdemeanor or violation of a municipal ordinance, the nature of the offense and the punishment or penalty assessed. This statement shall be accompanied by a release allowing the township, including the township police department, to access the Internet Criminal History Access Tool (ICHAT).

(9)

The names of at least two (2) reliable property owners of the county who will certify the applicant's good character and business respectability; or in lieu of the name of references, such other available evidence of the good character and business responsibility of the applicant to enable an investigator to properly evaluate such character and business responsibility.

(10)

A description of the nature of the peddling, commercial solicitation, or vending to be undertaken in the township.

(11)

The dates the applicant requests to engage in peddling, commercial soliciting or vending in the township, not to exceed ninety (90) days per year.

(12)

The place where the goods or property proposed to be sold or orders taken for the sale thereof are manufactured or produced, where such goods or products are located at the time the application is filed, and the proposed method of delivery.

(13)

The federal tax identification number.

(14)

Copy of required State of Michigan sales/use tax license.

(15)

Proof of payment of the fee and posting of the required bond.

(Ord. No. C-795, § 3, 4-20-15)

(a)

Required. The applicant for a permit under this division shall deposit with the township treasurer a cash bond and pay a permit fee in the amount established by resolution of the township board. The fee resolution shall be placed on file and made available at the office of the township clerk. If the permit is denied, the township clerk shall return the bond to the applicant.

(b)

Bond. The cash bond shall provide security for the faithful performance of the duties and obligations of the permittee while engaging in commercial solicitation, peddling or vending pursuant to the permit issued. Upon expiration of the permit, any remaining amount of the cash bond shall be returned to the applicant.

(Ord. No. C-795, § 3, 4-20-15)

Upon the filing of a completed application, the township clerk shall forward a copy to the police department to investigate and review the application for compliance with the requirements of this chapter as follows:

(1)

An investigation of any part of the vehicle or mobile unit used in the process of furnishing goods or services to ensure compliance with existing provisions of this Code, the Michigan Motor Vehicle Code, or other applicable provisions of Michigan Compiled Laws.

(2)

A criminal background check.

(3)

A review of the application.

(Ord. No. C-795, § 3, 4-20-15)

Upon approval of the application, the township clerk shall issue a permit in the form of an identification card including the name, address and photo of the permittee. The permit shall include the issuance date and the expiration date. The permittee shall visibly display on their person the permit identification card while engaged in commercial solicitation, peddling or vending. The permittee shall produce and present the identification card upon the request of any township official or person solicited. Failure to visibly display on their person and/or present their permit identification card may result in revocation of the permit and/or prosecution.

(Ord. No. C-795, § 3, 4-20-15)

A permit issued under this article shall not be transferable.

(Ord. No. C-795, § 3, 4-20-15)

A permit shall expire in ninety (90) days from the issue date. The issue date and the expiration date shall be printed on the face of the permit.

(Ord. No. C-795, § 3, 4-20-15)

(a)

Denial. In the event the township clerk issues a written notice to deny for failure to comply with the requirements of this article the applicant may request an appeal hearing as provided herein.

(b)

Suspension. The township clerk shall suspend the permit for a period of thirty (30) days if the permittee has knowingly violated this article or has knowingly allowed an employee to violate this article. Upon receiving notice of a violation, the clerk shall issue a written notice to suspend, which shall include the grounds for the suspension, the effective date of the suspension, and that the permittee may, within twenty (20) days, request in writing an appeal hearing before the township board. The suspension shall take effect twenty-one (21) days after the date of the notice of suspension unless a timely request for appeal hearing is received.

(c)

Revocation. The township clerk shall issue a written notice of revocation if the permittee knowingly or recklessly engaged in commercial solicitation, peddling or vending during a period of time when the permit was suspended. The revocation/nonrenewal shall take effect twenty-one (21) days from the date of the notice of revocation/nonrenewal, unless a timely request for appeal hearing is received.

(d)

Appeal. The written notice to deny, suspend or revoke a permit shall include the grounds for the decision, the effective date, and notice that the permittee may request in writing, within twenty (20) days of the date of the notice of denial, suspension or revocation, an appeal hearing before the township board. If not appealed, the denial, suspension or revocation shall take effect twenty-one (21) days after the date of the notice.

(Ord. No. C-795, § 3, 4-20-15)

(a)

Notice of hearing. Upon receipt of a request for appeal, the township board shall provide the permittee with notice and an opportunity to be heard. The township board shall serve notice upon the permittee by certified mail not less than ten (10) days prior to the hearing date. The notice shall state:

(1)

The date, time and place of the hearing.

(2)

A statement that the permittee may present evidence and testimony, and may be represented by an attorney.

(b)

Hearing and decision. The hearing shall be conducted by the township board and shall be open to the public. The township board shall submit to the permittee a written statement of its findings, decision, specific grounds for its decision, and a statement that the decision may be appealed to a court of competent jurisdiction.

(Ord. No. C-795, § 3, 4-20-15)

(a)

Posted or notified. No person shall enter upon private property of a residence or business after having been expressly notified by the occupant, or where there is placed on such premises a sign bearing the words "No Soliciting," "No Peddlers," "No Agents," "No Canvassing," or any similar notice indicating in any manner that the occupants of such premises do not desire to have solicitors or canvassers call upon them.

(b)

No solicitation list. Any person who owns and/or occupies a residence and/or business in the township who does not wish to have persons engaged in commercial or noncommercial solicitation to enter upon and/or call upon the residence or business may notify the township clerk of the same in writing. The township clerk shall keep on file a list of the addresses of those persons that do not want persons engaged in commercial or noncommercial solicitation to enter upon and/or call upon their residence and/or place of business which will be referred to as the no solicitation list. All persons who notify the township clerk to include their address on the no solicitation list shall also post a notice of no solicitation upon the premises. The no solicitation list shall be given to each person who files an application for a peddler, solicitor or vendor permit. The list shall also be made available upon request.

(Ord. No. C-795, § 3, 4-20-15)

Cross reference— Trespass generally, § 15-86 et seq.

No person engaging in commercial or noncommercial soliciting, peddling, canvassing, or handbill distribution shall call upon any residence within the township on any day prior to 9:00 a.m., nor after 9:00 p.m., except upon prior specific request of an occupant.

(Ord. No. C-795, § 3, 4-20-15)

For the protection of the public from fraud, any person engaging in commercial or noncommercial soliciting, peddling, canvassing, or handbill distribution shall visibly display on their person an identification card which includes the name and photo of the person, and the name and address of the organization, group, association, corporation or business entity that the person is soliciting, peddling, canvassing or distributing on behalf of.

(Ord. No. C-795, § 3, 4-20-15)

The following acts or activities shall be prohibited:

(1)

Enter residence. No solicitor, peddler, canvasser, vendor or handbill distributor shall enter any residence within the township without the express invitation of an adult resident thereof.

(2)

Nuisance. No solicitor, peddler, canvasser, vendor or handbill distributor shall threaten or annoy any resident of the township in the course of their activities or in any way engage in any conduct which is or tends to create a nuisance.

(3)

Fixed stands prohibited. No solicitor, peddler, canvasser or vendor shall stop or remain in one place upon any street, alley or public place.

(4)

Prohibited areas. No solicitor, peddler, canvasser, vendor or handbill distributor shall obstruct any street, alley, sidewalk or driveway.

(5)

Litter. No solicitor, peddler, canvasser, vendor or handbill distributor shall intentionally litter any street, alley, sidewalk, driveway or private property in the township.

(6)

Curb service prohibited. No person shall use any street, alley or public place of the township to solicit, peddle or vend; or to engage in any transaction that requires the person wishing to participate in the transaction to stand within the limits of a street, highway or alley.

(Ord. No. C-795, § 3, 4-20-15)

Misdemeanor. A person who violates or fails to comply with any of the provisions of this article shall be guilty of a misdemeanor punishable by a fine up to five hundred dollars ($500.00) and/or up to ninety (90) days' imprisonment, plus court costs and fees.

(Ord. No. C-795, § 3, 4-20-15)

For the purposes of this chapter, the following definitions shall apply:

(a)

Frozen confection shall mean ice cream, ice, popsicles, ice cream bars, frozen candy, frozen dairy products and all other ice cream or other frozen sugar items.

(b)

Mobile food vending shall mean vending, serving, or offering for sale any food, frozen confections, and/or beverages from a mobile food vending unit which meets the definition of a food establishment under the Michigan Food Law, PA 92 of 2000; MCL 289.1107 and may include the ancillary sales of branded items consistent with food such as t-shirts which bear the name of the organization engaged in mobile food vending.

(c)

Mobile food vending unit shall mean catering trucks, food trailers, ice cream trucks, motorized or non-motorized vehicles, pushcarts, wheel mounted carts, or similar devices designed to be portable and not permanently attached to the ground from which food, beverages, or frozen confections are vended or offered for sale.

(d)

Operate shall mean all activities associated with the conduct of the business, including set up and take down, and/all actual hours when the mobile food vending unit is open for business.

(e)

Township event shall mean any event approved by the Township of West Bloomfield, in whole or in part, which takes place on township property.

(f)

Vendor shall mean a person engaged in the business of mobile food vending.

(Ord. No. 619-C, § 1, 3-18-24; Ord. No. 619-D, § 1, 2-10-25)

(a)

Required. A person shall not engage in mobile food vending in the township without first demonstrating compliance with all requirements of this chapter and obtaining the required annual license.

(b)

Expiration. The annual mobile food vending license shall expire January 31 of each year.

(c)

Transfer of license prohibited. A mobile food vending license is not transferable. It shall be unlawful to transfer a license to any other person or mobile food vending unit. Any transfer shall be grounds for revocation.

(d)

Display of license. The annual mobile food vending license shall be displayed on the mobile food vending unit near the service window clearly visible to the public.

(Ord. No. 619-C, § 1, 3-18-24; Ord. No. 619-D, § 1, 2-10-25)

An application for a mobile food vending license shall include all of the following:

1.

Proof of compliance with all application requirements listed in section 17-4.

2.

A copy of applicant's current driver's license and proof of automobile liability insurance.

3.

A copy of applicant's current Special Transitory Food Unit (STFU) license from the State of Michigan.

4.

A copy of the current year health department inspection for the mobile food vending unit from a licensing county in the State of Michigan

5.

A copy of the approved fire safety inspection in the current year from the township or another department acceptable to the township fire marshal.

6.

Proof of general liability insurance in the amount of one million dollars ($1,00,000.00) naming the Charter Township of West Bloomfield, all elected and appointed officials, all employees and agents, all boards, commissions, authorities and board members, including employees and volunteers thereof as additional insured; and proof of automobile liability insurance, which must be kept current during the lifetime of the license.

7.

A statement as to whether or not the applicant has been convicted of any felony, or misdemeanor, the nature of the offense and the punishment or penalty assessed. This statement shall be accompanied by a release allowing the township, including the township police department, to access the Internet Criminal History Access Tool (ICHAT).

8.

If the applicant 1) will be engaged in mobile food vending on behalf of another person or entity; 2) if the mobile food unit to be used by the applicant is owned by another person or entity, the applicant shall set forth on its application the name, address, and telephone number of such person or entity, and if the entity is a corporation, the applicant shall set forth the state of incorporation, as well as the registered agent of the corporation.

9.

Certification that the information in the application is true; authorization for the Township of West Bloomfield to 1) conduct an inspection of the mobile vending unit; 2) conduct a background investigation, including criminal history; 3) investigate the truth of the statements set forth in the application; and 4) an agreement to pay for the cost for the ICHAT report.

10.

A non-refundable license fee in an amount established by resolution of the township board shall be included with the application submission.

(Ord. No. 619-C, § 1, 3-18-24; Ord. No. 619-D, § 1, 2-10-25)

(a)

The township clerk shall issue the mobile food vendor's license only upon demonstrated compliance with all of the following requirements:

1.

All documentation required by section[s] 17-36 and 17-4 was submitted.

2.

The applicant has a valid and unrestricted driver's license, automobile liability insurance, and is authorized to drive a mobile vending unit in the State of Michigan.

3.

Proof of an approved current year Special Transitory Food Unit (STFU) license from the State of Michigan.

4.

Proof of an approved current year health department inspection for the mobile food vending unit from a licensing county in the State of Michigan

5.

Proof of the approved current year fire safety inspection.

6.

Proof of current general liability insurance in the required amounts; and that names the township additional insured as required.

7.

The applicant paid the required fees.

8.

The applicant has not made a material misrepresentation of fact and/or falsified any of the contents of the application.

9.

The applicant has not had a mobile food vendor's license denied or revoked by West Bloomfield Township within a period of one (1) year prior to the date of the application.

10.

The applicant has not been convicted of any of the following offenses:

i)

A misdemeanor offense under MCL 257.625(1) for operating a motor vehicle while impaired or intoxicated within the last three (3) years.

ii)

An offense punishable by death or imprisonment in excess of one (1) year for which less than seven (7) years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date.

iii)

A criminal offense against a person under the age of eighteen (18), for which less than seven (7) years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date.

11.

The applicant has met all other requirements of this chapter.

(b)

The township clerk shall deny the application for the mobile food vendor's license if any of the requirements set forth in subsection 17-37 are not met.

(c)

In the event that the application is denied by the township clerk, written notice of such denial shall be given to the applicant specifying the ground or grounds for such denial, and advising the applicant that the applicant may request in writing, within twenty (20) days of the date of the denial notice, a hearing before the township board appealing the denial of the license. The township board shall hold a hearing at the next available township board meeting after receipt of the applicant's written request for a hearing appealing the denial of the license.

(Ord. No. 619-D, § 1, 2-10-25)

Editor's note— Ord. No. 619-D, § 1, adopted Feb. 10, 2025, repealed the former § 17-37 and enacted a new § 17-37 as set out herein. The former § 17-37 pertained to issuance/denial of license and derived from Ord. No. 619-C, § 1, adopted March 18, 2024.

(a)

A mobile food vending license issued under this division may be revoked by the township for any of the following:

(1)

The licensee violating and/or failing to comply with any of the terms, provisions and/or requirements of this division.

(2)

The licensee violates any health and/or food laws of the State of Michigan.

(3)

The licensee is convicted of operating a motor vehicle while under the influence of liquor, operating a motor vehicle with an unlawful blood alcohol content, operating a motor vehicle while under the influence of narcotics and/or other controlled substances, operating a motor vehicle while visibly impaired and/or any other drinking and driving offenses and/or any other offenses pertaining to driving and narcotics and/or controlled substances after the license has been issued.

(4)

The licensee has been convicted of a sexual offense against a person under the age of eighteen (18) after the license has been issued.

(5)

The licensee has made a material misrepresentation of fact in and/or has falsified any of the contents of its application.

(6)

The licensee no longer has a valid and unrestricted driver's license.

(7)

The licensee refuses to allow the township officials to enter into during normal business hours for purposes of enforcement of this division, including inspection purposes, any vehicle from which the licensee will be selling and/or offering to sell food, beverages, or frozen confections from.

(b)

The township clerk shall give written notice of the revocation of the licensee's mobile food vendor's license to the licensee and such written notice shall specify the ground or grounds of such revocation. The licensee may request a hearing before the township board to appeal the revocation if such hearing is requested by the licensee in writing. The township board shall hold a hearing on the licensee's appeal of the revocation within thirty (30) days from the date that the licensee requests the hearing in writing.

(Ord. No. 619-C, § 1, 3-18-24)

(a)

Except as otherwise provided herein mobile food vending in the township shall only be permitted from 9:00 a.m. to 8:00 p.m. during Eastern Standard Time and from 9:00 a.m. to 10:00 p.m. during [State of] Michigan daylight savings time. All mobile food vendors shall comply with the regulations of section (b).

(b)

No mobile food vendors shall:

(1)

Sell or offer for sale any unsound, unwholesome, defective, rotted, expired faulty, or deteriorated food, beverage, or frozen confection.

(2)

At any time operate or sell any a food, beverage, and frozen confection in a manner which obstructs any street, alley, sidewalk or driveway.

(3)

Leave their mobile food unit parked on the street or residential driveway overnight or left unattended and unsecure at any time.

(4)

Remain 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.

(5)

Engage in the sale of and/or the offer of sale of food, beverages, or frozen confection within five hundred (500) feet of the entrance of any school building between the hours of 9:00 a.m. and 6:00 p.m. on the days when school is in session.

(6)

Engage in the sale of and/or the offer of sale of food, beverages, or frozen confection on those portions of streets on which a public park abuts and/or engage in the sale of and/or offer of sale of any food, beverage, frozen confection in any public park, unless prior approval for the sale is granted by the West Bloomfield Parks and Recreation Commission.

(7)

Stop its vehicle any street, road, or alleyway for the purpose of engaging in the sale of and/or offer for sale of any food, beverage, or frozen confection within fifty (50) feet of any street intersection in the township.

(8)

Fail to comply with all provisions of the traffic ordinances and/or any other ordinances of the township.

(9)

Sell and/or offer to sell food, beverages, or frozen confection from push carts or bicycles, with the township's prohibition of selling and/or offering to sell frozen confections from push carts or bicycles being a necessary police measure for the prevention of traffic accidents and personal injuries in the streets of the township.

(10)

Sell or offer to sell food, beverages, or frozen confections from vehicles to minors under the age of sixteen (16) unless there is displayed on the vehicle properly operating 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 five hundred (500) feet unless such vehicle is stopped in a legal parking location not closer than one hundred (100) feet to the nearest intersecting street.

(11)

If selling frozen confections, utilizing any bell, chime, or other noisemaking device beyond a moderate noise level for the purpose of attracting persons to buy the frozen confection. This prohibition shall not be construed to exclude the customary horn required under the motor vehicle laws of the State of Michigan.

(c)

Food trucks approved as part of a township event are excluded from subsections (5)—(7) and (10) of section 17-39 of this division.

(Ord. No. 619-C, § 1, 3-18-24)

(a)

Any item sold by a mobile food vendor shall be subject to inspection by the county health department.

(b)

Frozen confection products and other items requiring refrigeration shall be sold only from properly working and operating refrigerated trucks of modern design approved by the county health department and the township.

(Ord. No. 619-C, § 1, 3-18-24)

The township clerk shall annually forward to each school in the township having any students who are age three (3) years old through twelve (12) years old and to each group home in the township a written notice indicating that the township board has adopted this division, and said notice shall also include a copy of this division, with the purpose of advising the schools and group homes of the contents of this division and also fostering the schools' and group homes' consideration of this division and relevant safety issues pertaining thereto.

(Ord. No. 619-C, § 1, 3-18-24)

The provisions of this division shall be enforced by the township police department, code officials, and any authorized township representative, police department and/or code officials shall be authorized to enter, during normal business hours, for the purposes of enforcement of this division, including inspection purposes, any vehicle for which a current license is in effect or for which a license has been applied. A license can be denied, revoked, or suspended if entry to the vehicle where the license would be in effect is refused during normal business hours.

(Ord. No. 619-C, § 1, 3-18-24)

Any person, persons or entity violating any of the provisions of this division shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than five hundred dollars ($500.00) in costs for prosecution or by imprisonment for not more than ninety (90) days, or by both fine, costs and imprisonment at the discretion of the court. Separately, the mobile food vending license shall be revoked.

(Ord. No. 619-C, § 1, 3-18-24)