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Chapter 50
LICENSES
Article I. In General
Sec. 50-1. Definitions.
Sec. 50-2. Penalties and remedies.
Sec. 50-3. Provisions complementary and supplemental.
Sec. 50-4. Moral character.
Secs. 50-5-50-30. Reserved.
Article II. Registration
Sec. 50-31. Purpose.
Sec. 50-32. Required.
Sec. 50-33. Application procedure.
Sec. 50-34. Terms.
Sec. 50-35. Renewal.
Sec. 50-36. Fees.
Sec. 50-37. Display.
Sec. 50-38. Transferability.
Sec. 50-39. General conditions for issuance and continuing in effect.
Sec. 50-40. Additional conditions for issuance.
Sec. 50-41. Inspections.
Sec. 50-42. Use of streets for business purposes.
Sec. 50-43. Denial, revocation and suspension.
Sec. 50-44. Procedure for revocation or suspension.
Secs. 50-45-50-70. Reserved.
Article III. Dances and Dance Halls
Sec. 50-71. Definitions.
Sec. 50-72. Penalties.
Sec. 50-73. Application of article.
Sec. 50-74. Licenses and permits.
Sec. 50-75. Floor manager; prohibited conduct.
Sec. 50-76. Closing hours.
Sec. 50-77. General restriction as to admission of persons under 17.
Sec. 50-78. Special provisions relative to teenage dances.
Secs. 50-79-50-100. Reserved.
Article Iv. Transient Business Activities
Sec. 50-101. Application and definitions.
Sec. 50-102. Application; activities not covered.
Sec. 50-103. Location restrictions.
Sec. 50-104. Registration certificate duration.
Sec. 50-105. Solicitors.
Sec. 50-106. Charitable and religious solicitors.
Sec. 50-107. Auctioneers.
Sec. 50-108. Display of business registration certificate.
Sec. 50-109. Hours of operation.
Sec. 50-110. Restrictions.
Sec. 50-111. Special event parking downtown.
Secs. 50-112-50-130. Reserved.
CD50:1
MUSKEGON CITY CODE
Article V. Alcoholic Liquor
Division 1. Generally
Secs. 50-131-50-145. Reserved.
Division 2. License Approval And Revocation Recommendations
Sec. 50-146. Applications for issuance or renewal, transfer of ownership or
location, or revocation of license to sell beer, wine or spirits-
Submission; contents.
Sec. 50-147. Same-Standards to be applied by the city commission in approv-
ing or denying applications.
Sec. 50-148. Procedure following objection to issuance, renewal, transfer to
new licensee or new location, and request for revocation.
Secs. 50-149-50-170. Reserved.
Article VI. Public Nuisances Near Business Establishments
Sec. 50-171.Definitions.
Sec. 50-172.Findings with respect to disorderly and/or dangerous conduct.
Sec. 50-173.Declaration of public nuisance.
Sec. 50-174.Abatement of nuisance and costs; posting; recording and listing of
public nuisances.
Sec. 50-175. Appeal.
Secs. 50-176-50-200. Reserved.
Article VII. Electronic Reporting: Pawn Shops, Secondhand Dealers
and Precious Metal/Gem Dealers
Sec. 50-201. Purpose of article.
Sec. 50-202. Electronic filing required.
Sec. 50-203. Penalty.
Secs. 50-204---50-300. Reserved.
Article VIII. Mobile Food Vending Ordinance
Sec. 50-301. Definitions.
Sec. 50-302. Scope.
Sec. 50-303. License required.
Sec. 50-304. Regulations.
CD50:2
LICENSES § 50-31
ARTICLE I. IN GENERAL and, unless otherwise prescribed or inconsistent
herewith, shall constitute a part of the regula-
Sec. 50-1. Definitions. tions and conditions of certificates of registration
under this chapter.
The following words, terms and phrases, when (Code 2002, § 50-3; Ord. No. 1166, § 1(5-1.2),
used in this chapter, shall have the meanings 8-11-1998)
ascribed to them in this section, except where the
context clearly indicates a different meaning: Sec. 50-4. Moral character.
Business activity means any act of buying, (a) In this chapter the phrase "good moral
selling, leasing, renting, or otherwise marketing, character" shall be construed to mean the propen-
any goods, services, merchandise or commodities sity of the person to serve the public in the
of any kind or description, whether or not con- licensed area in a fair, honest and open manner.
ducted from a business establishment.
(b) A judgment of guilt in a criminal prosecu-
Business establishment means any lot, building tion or a judgment in a civil action shall not be
or structure, or a part thereof, including, without used in and of itself as proof of a person's lack of
limitation, leased or occupied space in a mall, good moral character. It may be used as evidence
store or building, permanently located within the in the determination and when so used the person
corporate limits of the city, from which a person shall be notified and shall be permitted to rebut
engages in or causes to be engaged in any act of the evidence by showing that:
buying, selling, leasing, renting, or otherwise
disposing of, performing or marketing, any goods, (1) At the current time he has the ability to,
services, merchandise or commodities of any kind and is likely to, serve the public in a fair,
or description. honest and open manner; and
(Code 2002, § 50-1; Ord. No. 1166, § 1(5-2), 8-11- (2)
Such person is rehabilitated, or that the
1998) substance of the former offense is not
reasonable related to the occupation or
Sec. 50-2. Penalties and remedies. profession for which he seeks a license or
permit.
Any person violating any of the provisions of
(Code 2002, § 50-4)
this chapter shall be responsible for a municipal State law reference-Moral character, MCL 338.41 et
civil infraction. In addition, any property owner seq.
in which any of the violations is taking place shall
be responsible for a municipal civil infraction. Secs. 50-5-50-30. Reserved.
Each day on which any violation of this chapter
shall continue shall constitute a separate offense.
The city may utilize injunctive remedies to pre- ARTICLE II. REGISTRATION
vent further violations of this chapter and to
require compliance with this chapter. Sec. 50-31. Purpose.
(Code 2002, § 50-2; Ord. No. 1166, § 1(5-17),
(5-18), 8-11-1998; Ord. No. 2338, 3-24-2015) This chapter, concerning the registration of
businesses in the city, is enacted to protect the
Sec. 50-3. Provisions complementary and health, safety and welfare of persons in the city by
supplemental. providing the city with the information necessary
to ensure compliance with safety, structure and
The provisions of this chapter, together with fire laws, identify business activities and estab-
other relevant provisions of any other ordinance, lishments which affect or involve matters related
or provisions authorized or required by state or to traffic, congestion, occupancy and density of
federal law relative to business establishments or occupancy, the presence, storage and handling of
activity as defined in this chapter, shall be con- hazardous materials, the physical condition of
strued to be complementary and supplemental places where persons are employed or carry on
Supp. No. 2 CD50:3
§ 50-31 MUSKEGON CITY CODE
trade, and the enforcement of the law, including (5) The name, telephone number and address
local, state and federal laws, rules and regula- of the person to notify in the event of an
tions, applying to the business activities and emergency.
establishments located in the city. (6)Each application shall have attached a
(Code 2002, § 50-31; Ord. No. 1166, § 1(5-1.1), current fire safety audit worksheet or a
8-11-1998) document substituted by the city contain-
ing the same information. This form must
Sec. 50-32. Required. be approved and signed by the personnel
from the city fire department's fire pre-
No person shall operate or conduct, maintain
vention bureau, or successor division or
or manage any business establishment, or carry
bureau.
on business activity within the corporate limits of
(Code 2002, § 50-33; Ord. No. 1166, § 1(5-15),
the city without first obtaining a certificate of
8-11-1998)
registration in the manner provided in this chap-
ter. Any person licensed under a similar previous
Sec. 50-34. Terms.
ordinance on the effective date of Ordinance No.
1166 shall be deemed registered hereunder for the Each certificate of registration issued pursuant
balance of the current license year designated in to this chapter shall be of a duration not to exceed
this chapter. one year and shall terminate on May 1, following
(Code 2002, § 50-32; Ord. No. 1166, § 1(5-3), issuance thereof.
8-11-1998) (Code 2002, § 50-34; Ord. No. 1166, § 1(5-4),
8-11-1998)
Sec. 50-33. Application procedure.
Sec. 50-35. Renewal.
An applicant for a certificate of registration
(a) Any certificate of registration issued under
shall make application to the city clerk on a form
this chapter must be renewed in the manner set
prescribed by the city clerk, which shall contain
forth in this article on or before May 1 of each
at least the following information:
year of existence of the business establishment or
(1) The full names, business addresses and activity.
residence addresses of the owners, propri- (b) Applications for renewal of a certificate of
etors, officers and local addresses of all registration shall be filed, considered and issued
owners, proprietors and officers and man- in the same manner as an original application.
agers of the applicant's business; the names (Code 2002, § 50-35; Ord. No. 1166, § 1(5-5),
and addresses of each officer, if the appli- (5-16), 8-11-1998)
cant is a corporation; the names and ad-
dresses of all partners, if a partnership; Sec. 50-36. Fees.
and the names and addresses of all mem-
bers, if a limited liability corporation. The fee for a certificate of registration and the
fees for annual renewals thereof shall be set from
(2) The nature and character of the business time to time by resolution of the city commission.
which is conducted at the business estab- The city commission reserves the right, upon
lishment. proper application, to authorize the issuance of
(3) A list of all assumed, trade or firm names certificates of registration without fee or cost for
under which the registered applicant in- any nonprofit tax exempt organization. Registra-
tends to do business. tion fees not paid within 30 days of the due date
will be subject to a late fee of $15.00 per month for
(4) The location of the business establish- each month up to a maximum of six months, at
ment and the location of all personal which time all fees and late fees are due and then
property utilized in the conduct of the
business.
Supp. No. 2 CD50:4
LICENSES § 50-39
a municipal civil infraction violation may be is- (c) Conditions and activities on the premises.
sued each day thereafter until the registration is The holder of a certificate of registration shall
submitted and fees are paid. maintain a clean, neat and orderly establishment,
(Code 2002, § 50-36; Ord. No. 1166, § 1(5-6), take reasonable steps to provide security on the
8-11-1998) premises, and prevent unlawful conduct thereon.
(d) Advertising sales as executors, receivers,
Sec. 50-37. Display. close-out, damaged goods, etc. No person shall
advertise or represent that any sale is an assign-
Any certificate of registration issued pursuant ee's, executor's, administrator's, personal repre-
to this chapter shall be prominently displayed in sentative's, mortgagee's, receiver's, or closing-out
the business establishment. sale of goods, or of goods, wares and merchandise
(Code 2002, § 50-37; Ord. No. 1166, § 1(5-7), damaged by fire, smoke, water or otherwise, un-
8-11-1998) less he shall at the time of applying for a license,
make and file with the city clerk an affidavit
Sec. 50-38. Transferability. showing all facts in regard to the sale which he
proposes to conduct, including a true statement of
No certificate ofregistration issued pursuant to the names of the persons from whom the goods to
this chapter shall be transferable. Material changes be sold were obtained, the date of the delivery of
in operation or ownership of businesses shall such goods to the licensee, the place from which
require new certificates of registration. such goods were brought, and all details neces-
(Code 2002, § 50-38; Ord. No. 1166, § 1(5-8), sary to fully identify the goods.
8-11-1998) (e) Engaging in fraudulent conduct. A certifi-
cate ofregistration may be revoked if the holder is
Sec. 50-39. General conditions for issuance found to have engaged in fraudulent business
and continuing in effect. practices, misrepresented the nature of the goods
or services offered to the public, or has violated
(a) Compliance with other governmental re- the consumer protection act of the state, the retail
quirements; preemption. No certificate of registra- installment sales act of the state, or any other
tion shall be issued or continued in effect for any federal or state statute or law concerning busi-
person who is required to obtain a license or ness practices.
permit from the United States of America, the (f) Payment of amounts owed city. All personal
state, or the county, until such person shall sub- property taxes and outstanding debts to the city,
mit evidence that the required license or permit including, without limitation, fees for inspections
has been issued and continues in force, and that or property services, water or sewer bills, munic-
all fees pertaining to such license or permit have ipal civil infraction fines applicable to the busi-
been paid. The fact that a person has received a ness or its premises, current special assessment
license or permit from the United States, the installments, but not including real property or
state, the county, or other governmental entity for income taxes, due at the time of issuance or
the business activities or establishment involved renewal of a certificate related to the business
shall not exempt such person from the require- activity or establishment must be paid in full.
ments of this chapter unless these requirements
are clearly preempted by federal or state law. (g) Standards for licenses. Particular stan-
dards for licensees under this chapter may be
(b) Compliance with all other laws. A holder of determined, pursuant to section 50-40(b), from
a certificate of registration must be in continuing time to time in the form of regulations adopted by
compliance with all local, county, state and fed- the city commission which shall be appended to
eral laws as a condition of issuance or continued the certificate of registration. The violation of
effect of a certificate of registration under this such regulations will constitute a violation of this
chapter. chapter.
CD50:5
§ 50-39 MUSKEGON CITY CODE
(h) Standards in chapter. Each holder of a utes applicable to the premises, the business
certificate of registration shall comply with the establishment or the business activity. In the case
requirements found in additional applicable arti- of a proposed revocation or suspension, the holder
cles of this chapter. of the registration shall afford reasonable oppor-
(Code 2002, § 50-39; Ord. No. 1166, § 1(5-9), tunity for inspection by the city.
8-11-1998) (Code 2002, § 50-41; Ord. No. 1166, § 1(5-14),
8-11-1998)
Sec. 50-40. Additional conditions for issu-
ance. Sec. 50-42. Use of streets for business pur-
poses.
(a) Compliance with applicable codes and reg-
ulations. Any person applying for or holding a Certificates of registration issued under this
certificate of registration under this chapter shall chapter or other ordinances shall not be con-
demonstrate to authorized city personnel that the strued as granting the right to park a vehicle at
business establishment registered under this chap- the curb for a longer period than is necessary to
ter complies with all construction and fire and make deliveries. Persons who wish to sell or
safety codes of the city, all applicable health and demonstrate articles while parked at the curb, or
safety laws, zoning laws and environmental laws who desires to use the streets exclusively for their
and regulations of the city, the county, the state, business, except as otherwise provided in this
or the United States, and including all provisions Code, shall make application to the city.
of this chapter. Further, affiant shall comply with (Code 2002, § 50-42; Ord. No. 1166, § 1(5-10),
special conditions promulgated pursuant to sub- 8-11-1998)
section (b) of this section.
(b) Special conditions. In connection with the Sec. 50-43. Denial, revocation and suspen-
registrations pursuant to this chapter, regula- sion.
tions which are particularly adapted and appro-
Holders of a certificate of registration applied
priate to the business activity or establishment so
for under this chapter may be denied, suspended,
registered shall be promulgated by the city, ap-
or revoked by the city clerk for any of the follow-
proved by the city commission, and attached to or
ing causes:
printed upon the registration issued. Such attach-
ments and adoptions shall not be required for (1) The violation of any of the conditions of
codes, ordinances and other regulations of gen- issuance or continuation of a certificate of
eral applicability which are in effect from time to registration.
time in the city and which affect the registered
business. These regulations shall be uniform for (2) Fraud, misrepresentation or any false
all businesses of the same type and description. statement made in the application.
(Code 2002, § 50-40; Ord. No. 1166, § 1(5-13),
(3) Fraud, misrepresentation or any false
8-11-1998)
statement made in the operation of the
business.
Sec. 50-41. Inspections.
(4) Failure to pay personal property taxes, or
Every business establishment registered shall timely file documentation or returns re-
afford authorized personnel from the city full quired for such taxes.
access to the premises and the emergency plan
records of the business for the purpose of inspec- (5) Failure to pay any outstanding amounts
tion to determine compliance with the registra- owed the city (such as fees for inspections
tion which has been issued, for determination in or property services, water or sewer bills,
connection with the application for the issuance of municipal civil infraction fines applicable
the registration, and to determine continuing to the business or its premises, current
compliance with all ordinances, codes and stat- special assessment installments, etc.).
CD50:6
LICENSES § 50-71
(6) Failure to pay registration fees imposed the life, health or safety of any person exists in
pursuant to this chapter and resolution of the business establishment or is involved in the
the city commission. business activity. The action of the city manager
and his reasons therefor shall be stated in writ-
(7) Conducting a business in an unlawful
ing.
manner or in such manner as to consti-
tute a breach of peace or to constitute a (d) Any person aggrieved after decision by the
menace to the health, morals, safety or city commission designee shall have the right of
welfare of the public. review in the circuit court for the county. The
(8) Failure or inability of an applicant to circuit court shall review the determination made
meet and satisfy any of the requirements by the city manager de novo on the record, not
and provisions of this chapter. more than 21 days after the city manager's final
action, and either reverse or affirm by remand for
(9) Failure to allow inspection of the business further findings, retaining jurisdiction in its dis-
premises or hazardous material storage cretion.
records at a reasonable time. (Code 2002, § 50-44; Ord. No. 1166, § 1(5-12),
(Code 2002, § 50-43; Ord. No. 1166, § 1(5-11), 8-11-1998)
8-11-1998)
Secs. 50-45-50-70. Reserved.
Sec. 50-44. Procedure for revocation or sus-
pension.
(a) Written notice of suspension or revocation ARTICLE III. DANCES AND DANCE
stating the cause therefor shall be personally HALLS
delivered or mailed to the address as shown in the
application. Sec. 50-71. Definitions.
(b) Any person whose certificate or registra- The following words, terms and phrases, when
tion is revoked or suspended, or any person whose used in this article, shall have the meanings
application is denied, shall have the right to a ascribed to them in this section, except where the
hearing before the city manager, or a hearing context clearly indicates a different meaning:
officer appointed by the city manager, provided a
written request therefor is filed with the city clerk
Municipal dance means any teenage dance
which is sponsored by the department of leisure
within ten days following the mailing of a notice
services of the city.
of revocation or suspension, or within ten days
following the denial of the application. The hear- Person means any person, copartnership, firm,
ing shall be public, a record shall be made and corporation, society, club, organization or associ-
preserved, and the person or applicant shall have ation sponsoring or conducting any public or
the right to counsel. The hearing shall be held teenage dance.
within 30 days of the filing of the request.
Public dance means any dance to which admis-
(c) The city manager may reverse or affirm any sion is granted by payment of a fee, or by pur-
determination to deny, revoke or suspend the chase, possession or presentation of a ticket or
issuance of a certificate of registration. No person token, obtained for any consideration, or in which
may carry on or operate a business establishment a charge is made for checking clothing or other
or any business activity during any time when the property, or any other dance to which the general
certificate ofregistration for such activity or busi- public may gain admission, with or without pay-
ness has been suspended, revoked or denied, ment of a fee.
except that the filing of an appeal to the city
manager or, subsequently, to a court having juris- Public dance hall or area means any hall, room
diction, shall act to stay a suspension or revoca- or any other place at which a public or teenage
tion except in the event a condition threatening dance shall be held.
CD50:7
§ 50-71 MUSKEGON CITY CODE
Teenage dance means any dance where admis- form and manner required by the city clerk.
sion is granted exclusively to minors, 13 to 19 Before any license is granted, the application
years of age inclusive, and to which all such shall be approved by the chief of police and the
general teenage public may gain admission, with city manager.
or without payment of a fee .
(Code 1975, § 5-134; Code 2002, § 50-71; Ord. No. (b) Upon the approval of the application for a
1166, § l(art. IV), 8-11-1998) license under this section by the chief of police
and the city manager, the applicant shall pay to
the city treasurer the sum specified by resolution
Sec. 50-72. Penalties. of the city commission for each and every public or
Any person violating the prov1s1ons of this teenage dance conducted or held by the applicant,
article concerning licensing of dances and dance which fee shall be paid to the city treasurer at
halls shall be responsible for a municipal civil least one day previous to the day on which any
infraction. such dance is to be conducted or held, or the
(Code 1975, § 5-141; Code 2002, § 50-72; Ord. No. applicant shall pay the annual fee as prescribed
1166, § l(art. IV), 8-11-1998) by resolution of the city commission. Any annual
license issued under this article shall expire on
Sec. 50-73. Application of article. April 30 following the issuance of such annual
license.
The provisions of this article are intended to
apply to public and teenage dances, and such (c) No license for any public or teenage dance
provisions shall not apply to any dances given in or dance hall shall be issued until the city man-
private homes or by any religious, charitable, ager, or other duly authorized city officials ap-
fraternal or other society, association or organiza- pointed by the city manager, shall inspect the
tion, where the attendance is restricted to the premises and determine that such place where
members of such religious, charitable, fraternal the dance is to be held complies with and con-
or other society, association or organization. Mu- forms to all ordinances and health and fire regu-
nicipal dance sponsors, or the sponsors of any lations of the city, and that such place is properly
public or teenage dance, when such dance is ventilated and supplied with adequate toilet con-
sponsored by any of the public or parochial schools veniences, and is a safe, sanitary and proper place
of the city, or the student bodies thereof, or by for the purposes for which it is to be used.
religious or charitable organizations, including (d) Upon the approval of the application for a
the YMCA and YWCA, shall be exempted from license under this section, the city clerk shall
paying any license fee as required in section issue the license and the person in charge of
50-74, but shall be required to make application conducting or sponsoring the public or teenage
as stated in section 50-74 and shall be subject to dance shall post the license in a conspicuous place
all other restrictions, limitations and provisions in or about the area in which the dance is to be
contained within this article. held.
(Code 1975, § 5-135; Code 2002, § 50-73; Ord. No.
1166, § l(art. IV), 8-11-1998) (e) The license for any public or teenage dance
or dance hall may be suspended or revoked by the
Sec. 50-74. Licenses and permits. city manager for disorderly or immoral conduct
therein, or for the violation of any of the provi-
(a) It shall be unlawful for any person to hold sions set forth in this article, or in any ordinance,
a public or teenage dance in any place within the law or regulation affecting such dance hall or
limits of the city until such place in which the dance; and such dance hall may be entered for
dance is to be held shall first be licensed for that inspection at any time by the city manager or any
purpose. The owner, operator or sponsoring orga- member of the police department or any other
nization of such public or teenage dance or public person duly authorized by the city manager for
dance hall shall apply to the city clerk for a that purpose. Any police officer may cause any
license, which application shall be made in the such dance to be discontinued and the dance hall
CD50:8
LICENSES § 50-77
vacated during the progress of the dance for any (4) Permit gambling or the use, possession or
reason for which a license may be suspended or presence of gambling paraphernalia on
revoked, and if any license granted under the the premises.
provisions of this section shall be suspended or
revoked as provided in this article, at least six (5) Permit overcrowding in the area desig-
months shall lapse before another license is is- nated for dancing. For purposes of this
sued to the person having made application there- subsection, the term "overcrowding" shall
for. mean any number of persons in excess of
the maximum number approved for the
(f) It shall be unlawful for any person to hold hall or place by the city fire department.
any public or teenage dance in any place other
than one licensed for such purpose, without hav- (6) Permit any person under the influence of
ing first obtained a permit therefor from the city intoxicating liquor or narcotics to partici-
manager, and no person having been granted pate in, be admitted to, or remain on the
such license, who fails to enforce at such dances premises.
the requirements of any statute or ordinance
relative to such dances and public dance halls, (7) Employ any person who is under the age
shall be granted a second permit within six months of 18 years.
from the date of such dance. Any failure or ne-
glect, on the part of a manager, proprietor or other (8)Permit the possession or use of any alco-
person in charge of any place used for such holic liquor on the premises, nor shall the
dances, to secure the required license or permit licensed premises be accessible in any
shall be subject to the penalty provided in section way to any place where alcoholic liquor is
50-72. Failure of the owner of the premises upon sold, distributed or given away. This pro-
which such dance is held to ascertain that the hibition shall not apply while a state
license has been issued to the sponsoring organi- liquor commission special beer and wine
zation shall subject such owner to the same pen- license is in effect at the licensed prem-
alties as provided in this section. ises.
(Code 1975, § 5-136; Code 2002, § 50-74; Ord. No. (Code 1975, § 5-137; Code 2002, § 50-75; Ord. No.
1166, § l(art. IV), 8-11-1998) 1166, § l(art. IV), 8-11-1998)
Sec. 50-75. Floor manager; prohibited con- Sec. 50-76. Closing hours.
duct.
All public dances and public dance halls shall
Whenever any public or teenage dance is con- be closed between the hours of2:00 a .m. and 7:00
ducted in the city, a floor manager shall be pres- a .m. All such dances and dance halls shall be
ent at all times, as well as other adult supervision closed on or before 2:00 a.m. on Christmas Day
to be determined and approved by the chief of and remain closed until 7:00 a.m. of the following
police upon his investigation of the application for day.
the license under this article. No licensee, by (Code 1975, § 5-138; Code 2002, § 50-76; Ord. No.
himself, directly or indirectly, or by any servant, 1166, § l(art. IV), 8-11-1998)
agent, employee or floor manager, shall:
(1) Permit any disorderly conduct or any lan- Sec. 50-77. General restriction as to admis-
guage that will cause an immediate breach sion of persons under 17.
of the peace.
(2) Permit the licensed premises to become a No person under the age of 17 years shall be
resort for disorderly persons of any type. admitted to or allowed to remain at a public dance
or in a public dance hall after 9:00 p.m. of any day,
(3) Permit smoking in the area designated unless accompanied by a parent or legal guard-
for dancing. ian. This age limitation shall not apply to those
CD50:9
§ 50-77 MUSKEGON CITY CODE
persons licensed to conduct teenage dances, but sidered transient business activities (even if char-
shall be restricted by the provisions for such itable in nature) and are further defined as fol-
teenage dances as stated in this article. lows:
(Code 1975, § 5-139; Code 2002, § 50-77; Ord. No. Auctioneer means a person carrying on the
1166, § l(art. IV), 8-11-1998) business of auctions of tangible personal property,
State law reference-Children in dance halls serving
liquor, MCL 750.141. except for an auction house in the city utilized as
a permanent establishment for the carrying on of
Sec. 50-78. Special prov1s1ons relative to such auctions, or a person operating such an
teenage dances. establishment.
Charitable solicitor means a solicitor who goes
All teenage dances shall be subject, in addition from place to place, or appears in public, soliciting
to the other restrictive provisions of this article funds or services on behalf of licensed, registered
for any public dance or public dance hall, to the charitable organizations. A person, in order to
following restrictions: qualify as a charitable solicitor, must be able to
(1) No teenage dance or place where a teen- demonstrate that the charitable organization for
age dance is held shall permit dancing which or on whose behalf the charitable solicitor
between the hours of 11:00 p.m . and 7:00 acts is duly licensed or registered by the state, if
a.m., in addition to, and in further limita- required by law.
tion of, the closing hours of public dances Religious solicitor means a person who carries
and public dance halls as provided in on the activities of a charitable solicitor, but on
section 50-76. behalf of a religious organization duly incorpo-
(2)The licensee shall provide proper and rated or permitted to operate in the state and
adequate adult supervision. Such super- having one or more established locations or places
vision shall be determined and approved of worship in the state.
by the chief of police upon investigation of Solicitor means a person who goes from place
the application for the license. to place, or house to house, or who stands in any
(Code 1975, § 5-140; Code 2002, § 50-78; Ord. No. street or public place taking or offering to take
1166, § l(art. IV), 8-11-1998) orders for merchandise or services to be per-
formed in the future or for the making, manufac-
Secs. 50-79-50-100. Reserved. turing or repairing of any articles or things. The
term "solicitor" does not apply to persons selling
or delivering newspapers. The term "solicitor"
ARTICLE Iv. TRANSIENT BUSINESS includes the term "peddler."
ACTIVITIES* Transient merchant means a person who estab-
lishes, for a period less than 45 days, a business
Sec. 50-101. Application and definitions. activity at any location, building or lot.
(Code 2002, § 50-101; Ord. No. 1166, § 1(5-142),
This article applies to transient business activ-
8-11-1998; Ord. No. 2322, § 50-101, 4-22-2014)
ities, such as those carried on by persons solicit-
ing funds, providing services, or selling merchan- Sec. 50-102. Application; activities not cov-
dise door-to-door, or in the public, persons ered.
temporarily located in malls or shopping centers,
parking lots and on vacant lots at various places This article shall not apply, nor shall a busi-
in the city. The following activities shall be con- ness registration certificate be required, from the
following persons:
*State law references-Transient merchants, MCL (1) Veterans qualifying for a state peddlers
445.371 et seq.; home solicitation sales, MCL 445.111 et seq.;
exemption for a veteran's license, MCL 35.441; charitable license issued by the county clerk pursu-
organizations and solicitations act, MCL 400.271 et seq.; ant to Public Act No. 359 of 1921 (MCL
public safety solicitation act, MCL 14.301 et seq. 35.441 et seq.);
CD50:10
LICENSES § 50-106
(2) Newspaper or literature carriers selling ised by the solicitor. The security shall be
or delivering newspapers or literature to conditioned upon performance by the so-
subscribers; licitor or the company or entity repre-
(3) Farmers, truck gardeners, or their employ- sented by the solicitor in delivering the
ees or affiliates, selling merchandise and services or merchandise in accordance with
farm products in established farmers mar- the agreement. Such security shall re-
kets; main in full force and effect or retained by
the city for a period of 90 days after the
(4) Persons participating or selling merchan- expiration of the business registration is-
dise or food, or advertising, at organized
sued to the solicitor.
athletic events, conventions, or at commu-
nity celebrations or events; (2) All other requirements and information
(5) School sponsored events. required in connection with the applica-
(Code 2002, § 50-102; Ord. No. 1166, § 1(5-143), tion and issuance of a business registra-
8-11-1998; Ord. No. 2322, § 50-102, 4-22-2014) tion certificate shall be complied with
State law reference-Veteran's license for peddlers, MCL before issuance.
400.271 et seq.
(3)
No solicitor, except a charitable or reli-
Sec. 50-103. Location restrictions. gious solicitor, shall represent that any
The city commission may restrict locations of monies received from a customer will be
transient business activities or types of such devoted to charitable or religious pur-
activities by resolution or regulation stating the poses.
reasons for such restrictions. (Code 2002, § 50-105; Ord. No. 1166, § 1(5-144),
(Code 2002, § 50-103; Ord. No. 1166, § 1(5-149), 8-11-1998; Ord. No. 2322, § 50-105, 4-22-2014)
8-11-1998; Ord. No. 2322, § 50-103, 4-22-2014) State law references-Home solicitation sales, MCL
445.111 et seq.; refund of down payments, MCL 445.141 et
seq.; transient merchants, MCL 445.371 et seq.
Sec. 50-104. Registration certificate dura-
tion.
Sec. 50-106. Charitable and religious solici-
An annual license renewed on May 1 of each tors.
year.
(Code 2002, § 50-104; Ord. No. 1166, § 1(5-148), Charitable and religious solicitors shall be re-
8-11-1998; Ord. No. 2322, § 50-104, 4-22-2014) quired to have a business registration certificate,
provided that no fee shall be required for such
Sec. 50-105. Solicitors. business registration certificate. The applicant
Solicitors shall be required to have a business shall show, to the satisfaction of the city, the
registration certificate. No such certificate shall following:
be issued for such business activity, however,
except where the following requirements are met: (1) The charity being represented is fully
registered with the state to the extent
(1) In the event the solicitation is for advance required by law.
payment of services or merchandise to be
delivered later, the solicitor shall deposit (2) The religious organization meets the stan-
with the city clerk a bond, certified check dards set forth in the definitions in sec-
or cash in the amount of $1,000.00 in tion 50-101.
favor of the city, such bond, check or cash
(hereinafter "security") to be available for (3) Any merchandise or services involved in
any claim made by any person who has the solicitation are described in full and
not received the services or merchandise examples of such merchandise or services
within the time and in the manner prom- are supplied with the application.
Supp. No. 2 CD50:11
§ 50-106 MUSKEGON CITY CODE
(4) No security shall be required of a charita- tained permission from the event sponsor and or
ble or religious solicitor, provided the re- lessee. This license also does not allow for the sale
quirements of this section are met. of goods or services at any city-owned park/
(Code 2002, § 50-106; Ord. No. 1166, § 1(5-145), facility or farmer's market without a permit from
8-11-1998; Ord. No. 2322, § 50-106, 4-22-2014) the city.
State law reference-Charitable organizations and solic- (Ord. No. 2322, § 50-110, 4-22-2014)
itations act, MCL 400.271 et seq.
Sec. 50-111. Special event parking down-
Sec. 50-107. Auctioneers. town.
Auctioneers shall obtain a separate business Residents and businesses selling parking spaces
registration certificate for each auction held in on their property during a city approved special
the city. No auction shall be held at the same event in the downtown district are required to
location for a period of more than three successive obtain a license. At least one restroom facility
days in one period of 12 months, except that the must be made available to the public for 50-99
city clerk may, upon reasonable showing by the parking spaces being offered within 100 feet of a
auctioneer, provide for repeated licenses at a parcel and two restroom facilities be available
location of a sale of the contents of an estate or within 100 feet on parcels selling 100 or more
large building or property if the city clerk deter- parking spaces. Parcels may be combined as long
mines that the sale cannot be completed in one as they are contiguous. The license must be
period of three successive days. prominently displayed at the entrance to the
(Code 2002, § 50-107; Ord. No. 1166, § 1(5-146), parking facility and if the number of parking
8-11-1998; Ord. No. 2322, § 50-107, 4-22-2014) spaces meets or exceeds 50, a sign must be
State law references-Auctioneers and duties upon sales prominently displayed indicating to the public
at auctions, MCL 446.51 et seq.; sale by auction, MCL 40.2328. that a public restroom is available.
(Ord. No. 2322, § 50-111, 4-22-2014; Ord. No.
Sec. 50-108. Display of business registra- 2337, 3-24-2015)
tion certificate.
Secs. 50-112-50-130. Reserved.
Every person having a registration certificate
under this article shall be required to display
such registration certificate upon demand of any ARTICLE V. ALCOHOLIC LIQUOR*
other person who is approached as a customer, or
upon demand of the city clerk, his assistant, or a
city police officer. Failure to carry such registra- DIVISION 1. GENERALLY
tion certificate on the person by any solicitor, Secs. 50-131-50-145. Reserved.
whether regular, charitable or religious, shall
constitute a violation of this chapter.
(Code 2002, § 50-108; Ord. No. 1166, § 1(5-147), DIVISION 2. LICENSE APPROVAL AND
8-11-1998; Ord. No. 2322, § 50-108, 4-22-2014) REVOCATION RECOMMENDATIONSt
Sec. 50-109. Hours of operation. Sec. 50-146. Applications for issuance or re-
newal, transfer of ownership or
No peddler, solicitor, or canvasser shall engage location, or revocation of li-
in such business in the city after 8:00 p.m. or cense to sell beer, wine or spir-
sunset, whichever is earlier or before 9:00 a .m. its-Submission; contents.
(Ord. No. 2322, § 50-109, 4-22-2014)
Applications for approval by the city of the
issuance, transfer of owner or location, or renewal
Sec. 50-110. Restrictions.
*State law reference-Michigan Liquor Control Code of
Peddlers, solicitors, canvassers shall not oper- 1998, MCL 436.1101 et seq.
ate within 1,000 feet of any city approved special tState law reference-License approval and revocation
event or leased park, unless the vendor has ob- recommendations, MCL 436.1501.
Supp. No. 2 CD50:12
LICENSES § 50-146
of any license to sell beer, wine or spirits shall be cense by reason of any matter or
made to the city commission, in writing, signed by thing contained in this article or the
the applicant, and shall contain the following laws of the state;
information:
h. A statement that the applicant will
(1) Applications for issuance of a new license, not violate any of the laws of the
or transfer of an existing license to a new state or of the United States or any
licensee or transfer of an existing license ordinances of the city in the conduct
to a new location: of its business;
a. The name, age and address of the 1. The application shall be accompa-
applicant, in the case of an individ- nied by building and plot plans show-
ual; or, in the case of a copartner- ing the entire structure and prem-
ship, the persons entitled to share in ises and in particular the specific
the profits thereof, in the case of a areas where the license is to be uti-
corporation, the objects for which lized. The plans shall demonstrate
organized, the names and addresses adequate off-street parking, light-
of the officers and directors, and, if a ing, refuse disposal facilities and,
majority interest in the stock of such where appropriate, adequate plans
corporation is owned by one person for screening, and noise control;
or his nominee, the name and ad- j. A statement that the applicant is in
dress of such person; possession of a certificate of occu-
pancy, as required under city ordi-
b. The citizenship of the applicant, his
nances, permitting occupancy of the
place of birth, and, if a naturalized
licensed premises or of the premises
citizen, the time and place of his
to be licensed;
naturalization;
k. A statement from the applicant and,
c. The character of business of the ap- when applicable, the applicant's
plicant, and in the case of a corpora- transferor that all personal property
tion, the object for which it was taxes and other fees and charges
formed; lawfully due the city from either
d. The length of time such applicant applicant or the applicant's transferor
has been in business of that charac- are fully paid.
ter, or, in the case of a corporation, (2) Applications for renewal, if an existing
the date when its charter was is- license:
sued;
a. The length of time such applicant
e. The location and description of the has been in business of that charac-
premises or place of business which ter, or, in the case of a corporation,
is to be operated under such license; the date when its charter was is-
f. A statement of whether the appli- sued;
cant has made application for a sim- b. A statement that the applicant has
ilar or other license on premises other never been convicted of a felony and
than described in this application, is not disqualified to receive a li-
and the disposition of such applica- cense by reason of any in matter or
tion; thing contained in this article or the
laws of the state;
g. A statement that the applicant has
never been convicted of a felony and c. A statement that the applicant will
is not disqualified to receive a Ii- not violate any of the laws of the
CD50:13
§ 50-146 MUSKEGON CITY CODE
state or of the United States or any (3) The applicant must demonstrate, upon
ordinances of the city in the conduct request of the city manager, that he has
of its business; sufficient assets for the successful opera-
d. A statement that the applicant is in tion of the licensed premises.
possession of a current certificate of (4) The licensed premises has not caused nor
occupancy, as required under city will be likely to cause law enforcement
ordinances, permitting occupancy of problems to the degree or extent that
the licensed premises; effective law enforcement in the remain-
e. A statement from the applicant that der of the city has been, or will be, im-
all personal property taxes and other paired or denied.
fees and charges lawfully due the (5) The licensed premises, or premises pro-
city from the applicant are fully paid. posed to be licensed, has in full force and
effect a certificate of occupancy as re-
(3) Applications for revocation of an existing
quired pursuant to city ordinances.
license:
a. The name and address of the appli- (6) The applicant or applicant's transferor is
cant; current in payment to the city of personal
property taxes, assessments, utilities and
b. The name and address of the li- any other lawful charges due the city.
censee and the location of the li-
censed premises; (7) The licensed premises, or premises pro-
posed to be licensed, has adequate off-
c.
A statement of the reasons why the street and on-street parking, lighting, re-
city commission should recommend fuse disposal facilities, screening, and noise
revocation of the license. or nuisance control.
(Code 1975, § 5-270; Code 2002, § 50-146)
(8)
The licensed premises, or premises pro-
posed to be licensed, is reasonably harmo-
Sec. 50-147. Same-Standards to be applied
nious with adjacent land uses and with
by the city commission in ap-
the attitudes of adjacent residents and
proving or denying applications.
property owners; and that the premises
The following are standards which shall govern have convenient access from abutting roads
the city commission in granting or denying any which are capable of accommodating in-
application for issuance, renewal, transfer to a creased commercial activity.
new licensee or a new location, or revocation of (Code 1975, § 5-271; Code 2002, § 50-147)
any license to sell beer, wine and spirits:
Sec. 50-148. Procedure following objection
(1) The applicant, or the partners or share-
to issuance, renewal, transfer
holders of the applicant, must be of good
to new licensee or new location,
moral character whose criminal record
and request for revocation.
evidences the applicant's willingness and
ability to obey city ordinances, state and (a) Before filing an objection to the issuance,
federal laws, and the regulations of the renewal, or transfer to new licensee or new loca-
state liquor control commission. tion, or a request for revocation of a license with
the state liquor control commission, the city com-
(2) The chief of police has recommended grant-
mission shall serve the licensee, and, when appli-
ing of the application; provided, however,
cable, his transferor, by first class mail, mailed
that the chief of police, in determining
not less than ten days prior to hearing, with
whether or not to recommend granting of
notice of a hearing, which notice shall contain the
the application, shall apply as standards
following:
in so doing, those standards set forth in
this article. (1) Notice of proposed action;
CD50:14
LICENSES § 50-172
(2) Reasons for the proposed action; disorderly and/or dangerous behavior, including,
but not limited to, increased noise, loitering, lit-
(3) Date, time and place of hearing;
tering, fighting, jostling, roughly crowding, use
(4) A statement that the licensee or proposed and/or display of weapons, public intoxication,
licensee may present evidence and testi- public indecency, obscene conduct, collecting in
mony and confront adverse witnesses. crowds for unlawful purposes, or any other dis-
(b) Following the hearing, the city commission ruptive, obnoxious, offensive, threatening or in-
shall submit to the license holder and, when timidating behavior that contributes to the dis-
applicable, proposed licensee, and the state liquor turbance of the peace and quiet.
control commission, a written statement of the Owner means any person who possesses or has
city's findings and determination. any legal or equitable interest in a business
(Code 1975, § 5-272; Code 2002, § 50-148) establishment. The term "owner" also means any
person who has or exercises control, custody or
Secs. 50-149-50-170. Reserved. dominion over any property and/or business es-
tablishment. As used in this article, for purposes
of notification, the term "the owner," "an owner"
ARTICLE VI. PUBLIC NUISANCES NEAR or "owner" shall mean the owner/manager indi-
BUSINESS ESTABLISHMENTS cated on the business registration application
filed with the city clerk to obtain a certificate of
Sec. 50-171. Definitions. registration pursuant to section 50-33.
The following words, terms and phrases, when Property means any land, structure, house,
used in this article, shall have the meanings building, premises or any part thereof.
ascribed to them in this section, except where the (Ord. No. 2245, § 50-171, 7-22-2008)
context clearly indicates a different meaning:
Business activity means any action or acts of Sec. 50-172. Findings with respect to disor-
buying, selling, leasing, renting, or otherwise derly and/or dangerous con-
marketing, any goods, services, merchandise or duct.
commodities of any kind or description, whether
(a) The city determines that whenever re-
or not conducted from a business establishment.
peated instances of disorderly and/or dangerous
Business establishment means any lot, building behavior occur on or near any business establish-
or structure, or a part thereof, including, without ment, and that business establishment is repeat-
limitation, leased or occupied space in a mall, edly the site of disruptive public behavior, a
store or building, located within the corporate public nuisance results. Such a public nuisance
limits of the city, from which a person engages in results from the increased criminal activity that
or causes to be engaged in any act of buying, occurs in the neighborhood surrounding the rele-
selling, leasing, renting, or otherwise disposing vant business establishment, the fear engendered
of, performing or marketing, any goods, services, in the minds of the public and the disturbance of
merchandise or commodities of any kind or de- the peace and quiet of those people living, recre-
scription. ating, shopping and/or doing business in the neigh-
borhood surrounding the business establishment.
Nuisance means any act or omission to act on
the part of any person or group of people which (b) A public nuisance is created where a busi-
creates or permits the existence of a situation ness establishment or its effect on the neighbor-
which annoys, injures or endangers the peace, hood in which it is located is not reasonably
welfare, order, health or safety of the public in harmonious with adjacent land uses and with the
their persons, private property or public property, attitudes of adjacent residents and property own-
including public sidewalks, parking lots, streets ers. A public nuisance may be one that causes law
and alleyways surrounding business establish- enforcement problems to the degree that effective
ments within the city. A nuisance results from law enforcement in the remainder of the city has
CD50:15
§ 50-172 MUSKEGON CITY CODE
been or will be impaired or denied. A finding that determination based solely upon the evidence
a business establishment is a public nuisance is presented at the public evidentiary hearing. In
not dependent upon any wrongdoing attributed to conducting the public evidentiary hearing, the
the owner, bur rather a showing that the disor- hearing officer shall afford the owner, city person-
derly and/or dangerous conduct continues to exist nel, other witnesses, and interested parties an
at the owner's business establishment. opportunity to present relevant and material ev-
(Ord. No. 2245, § 50-172, 7-22-2008) idence and to make arguments as to factual or
legal issues. Cross examination of opposing wit-
Sec. 50-173. Declaration of public nuisance. nesses shall be permitted. The owner may appear
in person and be represented by an attorney. Lay
(a) Whenever repeated instances of disorderly representation is not permitted. In conducting its
and/or dangerous conduct, as outlined in section public evidentiary hearing, the hearing officer
50-172, occurs on or near any business establish- shall not be bound by the rules of evidence and
ment, the city commission may declare, by reso- may admit and give weight to probative evidence
lution, that the business establishment is a public of a nature that is commonly relied upon by
nuisance and order that the nuisance be abated reasonably prudent individuals in the conduct of
as provided in this article. Such a declaration may their affairs. Irrelevant, incompetent and imma-
occur only after there has been notice given to the terial evidence and unduly repetitious evidence
owner of the business establishment and the shall be excluded. A record of said hearing shall be
owner has had an opportunity to be heard at a made.
public hearing. (Ord. No. 2245, § 50-173, 7-22-2008)
(b) Notice of the public hearing shall be given Sec. 50-174. Abatement of nuisance and
to the owner and shall consist of personal service costs; posting; recording and
or the mailing of a certified letter to the owner at listing of public nuisances.
the mailing address indicated on the business
registration application filed with the city clerk to If the hearing officer determines by a prepon-
obtain a certificate ofregistration for the business derance of the evidence that a business establish-
establishment pursuant to section 50-33. The ment is a public nuisance, the city commission
notice shall state the nature of the alleged nui- may, by resolution, in addition to any other rem-
sance and the time, date and location of the edies available to the city at law or in equity,
hearing. If the notice is served by certified mail, it order abatement of the nuisance. The resolution
shall be delivered with a return receipt requested shall state the factual findings and the basis for
according to the practices of the post office. Re- the decision of the hearing officer in writing.
ceipt of the return receipt card by the city indi- (1) The abatement process shall be conducted
cating the owner or a representative of the owner as follows:
has received such notice shall be deemed notice to
the owner. It shall not be necessary that the card a. If it is determined that the business
be returned if the certified mail has been refused establishment is to be closed tempo-
or there is other evidence that the owner has rarily, the city commission shall or-
received notice. Such notice to an owner shall der that all business activity end
occur by the said mailing with postmark or per- and declare that all business activity
sonal delivery at least 14 calendar days prior to is prohibited and authorize the po-
the date of the public hearing. lice department to prohibit any busi-
ness activity from occurring at the
(c) The city commission may appoint a hearing business establishment for a period
officer to conduct the public hearing. The hearing of up to 30 days for the first offense,
officer, acting in a quasi-judicial capacity, shall up to 60 days for a second offense
make a determination as to whether a public committed by the same owner within
nuisance exists under the standards established 12 months from the last day of the
by this article. The hearing officer shall make this first closure, and up to 90 days for a
CD50:16
LICENSES § 50-202
third offense committed by the same Sec. 50-175. Appeal.
owner within 12 months from the
last day of the second closure; (a) An owner aggrieved by any final determi-
nation by the city commission under this chapter
b. Determine that the owner shall be may appeal the determination to the circuit court
liable for the full cost of any materi- within 21 days of the date of the decision.
als and personnel (including police
and any other city employees or con- (b) The circuit court shall review the city com-
tractors) involved in ensuring that mission's decision to determine whether it is in
no business activity occurs at the violation of the law, has been procured by fraud, if
business establishment; and/or an abuse of discretion exists, and whether the
decision is supported by competent, substantial
c. Determine that the costs set out
and material evidence on the record as a whole.
herein shall be a personal debt of the
The circuit court's review shall be made upon the
owner and/or assess those costs
record made before the hearing officer. It is the
against the business establishment
responsibility of the appealing party to demon-
as a lien as provided for in this
strate error, and to present and settle the record.
article and by law, or both.
The court may return the matter for further
(2) The posting, recording and listing of pub- hearing, reverse or modify the decision of the city
lic nuisances shall be as follows: commission, or affirm the same. If the court
a. Whenever the city commission shall affirms the action of the city, or modifies it, the
have ordered a business establish- court may provide any order or relief it deems
ment to be closed temporarily, the appropriate to enforce and aid in the enforcement
police department shall post a notice of this article and the action of the city.
so stating at each entrance to any (Ord. No. 2245, § 50-175, 7-22-2008)
building on the property and shall
replace any notices that are missing Secs. 50-176-50-200. Reserved.
or unreadable.
b. The city clerk shall maintain a list of ARTICLE VII. ELECTRONIC REPORTING:
those business establishments that PAWN SHOPS, SECONDHAND DEALERS
have been declared to be a public AND PRECIOUS METAUGEM DEALERS
nuisance and of the remedy ordered
by the city commission. Immediately Sec. 50-201. Purpose of article.
upon a declaration of public nui-
sance as provided for herein, the city The purpose of this article is to improve the
clerk shall add the business estab- system of reporting to law enforcement officials
lishment to the list. A list of such all items collected by pawn brokers, secondhand
properties shall be available for pub- dealers and precious metal/gem dealers for the
lic inspection at the city clerk's of- purpose of aiding law enforcement in locating and
fice. retrieving stolen property.
c. No person other than an authorized (Ord. No. 2311, § 50-201, 5-14-2013)
city employee shall tamper with, dam-
age, alter, destroy or remove any Sec. 50-202. Electronic filing required.
notice posted by the city. (a) Pursuant to state statutes, MCL 445.404,
d. The city may, at its discretion, record 445.405, 446.205 and 445.484, second hand or
an affidavit setting forth its findings junk dealers, pawnbrokers, and precious metal
under this article and the remedies and gem dealers are all required to keep detailed
determined to apply to the property records of all articles received during the course of
at the county register of deeds. business and to send a copy of all such records to
(Ord. No. 2245, § 50-174, 7-22-2008) local law enforcement.
Supp. No. 2 CD50:17
§ 50-202 MUSKEGON CITY CODE
(b) All such required reports shall be submit- clerk and conformance with the regulations estab-
ted electronically using the services of an elec- lished by this article may temporarily park and
tronic reporting service company selected by the engage in the service, sale, or distribution of
city. All such filings shall comply with all require- ready to eat food for individual portion service to
ments regarding the specific information to be the general public directly from the vehicle.
supplied and time frame for doing so, as outlined
within the applicable state statute. Each transac- Mobile food vehicle vendor means the regis-
tion report shall include a digital photograph of tered owner of a mobile food vehicle or the owner's
the article attached to the electronic transfer. agent or employee; and referred to in this article
(Ord. No. 2311, § 50-202, 5-14-2013) as "vendor".
(Ord. No. 2321, § 50-301, 4-22-2014)
Sec. 50-203. Penalty.
Sec. 50-302. Scope.
If a pawn broker, secondhand or junk dealer, or
a precious metal/gem dealer does not comply with The provisions of this article apply to mobile
this article and/or any applicable state law, their food vehicles/trailers/stands engaged in the busi-
license may be revoked for a period of up to one ness of cooking, preparing and distributing food
year. In addition, violation of this article shall or beverage with or without charge upon or in
result in the imposition of a civil fine, pursuant to public and private restricted spaces. This article
section 46-204. does not apply to vehicles which dispense food
(Ord. No. 2311, § 50-203, 5-14-2013) and that move from place to place and are sta-
tionary in the same location for no more than 30
Secs. 50-204-50-300. Reserved. minutes at a time, such as ice cream trucks.
(Ord. No. 2321, § 50-302, 4-22-2014; Ord. No.
2336, 3-24-2015)
ARTICLE VIII. MOBILE FOOD VENDING
ORDINANCE
Sec. 50-303. License required.
Sec. 50-301. Definitions. (a) It shall be unlawful for any person, includ-
The following words, terms and phrases, when ing any religious, charitable or nonprofit organi-
used in this article, shall have the meanings zation, to operate within the city a mobile food
ascribed to them in this section, except where the vehicle/trailer/stand without having obtained from
context clearly indicates a different meaning: the city clerk a license for that purpose.
Mobile food stand means a stand which may (b) A person desiring to operate a mobile food
upon issuance of a license by the city clerk and vehicle/trailer/stand shall make written applica-
conformance with the regulations established by tion for such license to the city clerk. The appli-
this article may temporarily park and engage in cation for a license shall be on forms provided by
the service, sale, or distribution of ready to eat the city clerk.
food for individual portion service to the general
public directly from the stand. (c) Proof of insurance in the amount of
$1,000,000.00 naming the city as additional in-
Mobile food trailer means a vehicle which may sured must be provided.
upon issuance of a license by the city clerk and
conformance with the regulations established by (d) All vendors receiving a license under this
this article may temporarily park and engage in article shall pay the monthly fee as set by the fee
the service, sale, or distribution of ready to eat resolution.
food for individual portion service to the general
(e) A license is valid for one vehicle/trailer/
public directly from the trailer.
stand only and shall not be transferred between
Mobile food vehicle means a motorized vehicle vehicles.
which may upon issuance of a license by the city (Ord. No. 2321, § 50-303, 4-22-2014)
Supp. No. 2 CD50:18
LICENSES § 50-304
Sec. 50-304. Regulations. (g) No flashing or blinking lights, or strobe
lights are allowed on mobile food vehicles/trailers/
(a) No operator of a mobile food vehicle/trailer/
stands or related signage when the vehicle/trailer/
stand shall park, stand or move a vehicle and
stand is parked and engaged in serving custom-
conduct business within areas of the city where
ers. All exterior lights with over 60 watts shall
the license holder has not been authorized to
contain opaque, hood shields to direct the illumi-
operate. The city commission shall by resolution
nation downward.
identify those streets and public areas where
parking by mobile food vehicles/trailers/stands is
permitted. (h) Mobile food vehicles/trailers/stands when
parked on public streets shall be parked in con-
(b) The customer service area for mobile food formance with all applicable parking restrictions,
vehicles/trailers/stands shall be on the side of the and shall not hinder the lawful parking or oper-
truck that faces a curb, lawn or sidewalk when ation of other vehicles.
parked on a street or right-of-way. No food service
shall be provided on the driving lane side of the (i) A mobile food vehicle/trailer/stand shall not
vehicle/trailer/stand when parked on a street or be parked on the street between the hours of 3:00
right-of-way. No food shall be prepared, sold, or a.m. and 6:00 a.m. or left unattended and unse-
displayed outside of mobile food vehicles/trailers/ cured at any time. Any mobile food vehicle/trailer/
stands when located on a city street or right-of- stand found to be unattended shall be considered
way. a public safety hazard and may be ticketed and
(c) No mobile food stand may be larger than impounded.
ten feet by ten feet nor more than 75 square feet
in size. A five foot clearance must be maintained (j) A vendor shall not operate within 1,000 feet
on all sides of the stand within the maximum of any city approved special event or leased park,
space allotted. unless the vendor has obtained permission from
the event sponsor and or lessee. This license also
(d) Customers shall be provided with single does not allow for the sale of goods or services at
service articles such as plastic utensils and paper any city-owned park/facility or farmer's market
plates and a waste container for their disposal. All without a permit from the city.
mobile food vehicle vendors shall offer a waste
container for public use which the vendor shall (k) The issuance of a mobile food vehicle/trailer/
empty at its own expense. All trash and garbage stand license does not grant or entitle the vendor
originating from the operation of mobile food to the exclusive use of any service route or park-
vehicles/trailers/stands shall be collected and dis- ing space to the license holder.
posed of off-site by the operators each day. Spills
of food or food by-products shall be cleaned up, (1) A vendor shall not operate on private prop-
and no dumping of gray water on the streets is erty without first obtaining written consent to
allowed. operate from the affected private property owner.
(e) No mobile food vehicle/trailer/stand shall A private property owner shall not permit park-
make or cause to be made any unreasonable or ing by a mobile food vehicle/trailer/stand until a
excessive noise. The operation of all mobile food license has been obtained to allow for such use.
vehicles/trailers/stands shall meet the city noise
ordinance, including generators. No loud music, (m) No mobile food vehicle/trailer/stand shall
other high-decibel sounds, horns, or amplified use external signage, bollards, seating or other
announcements are allowed. equipment not contained within the vehicle when
parked on city streets or right-of-ways. When
(f) Signage is only allowed when placed on extended, awnings for mobile food vehicles/trailer/
mobile food vehicles/trailers/stands. No separate stand shall have a minimum clearance of seven
freestanding signs are permitted on city streets, feet between the ground level and the lowest
right-of-ways, or city-owned property. point of the awning or support structure.
Supp. No. 2 CD50:19
§ 50-304 MUSKEGON CITY CODE
(n) Any power required for the mobile food
vehicle/trailer/stand located on a public way shall
be self-contained and a mobile food vehicle/trailer/
stand shall not use utilities drawn from the public
right-of-way. Mobile food vehicles/trailers/stands
on private property may use electrical power from
the property being occupied or an adjacent prop-
erty, but only when the property owner provides
written consent to do so. All power sources must
be self-contained. No power cable or equipment
shall be extended at or across any city street,
alley sidewalk, or right-of-way.
(o) Mobile food vehicles/trailers/stands shall
not be parked within 50 feet of an existing brick
and mortar restaurant during the hours when
such restaurant is open to the public for business,
or closer than 50 feet from another approved
mobile food vehicle/trailer/stand unless the ven-
dor has obtained permission from the restaurant.
(Ord. No. 2321, § 50-304, 4-22-2014; Ord. No.
2336, 3-24-2015)
Supp. No. 2 CD50:20
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