City Ords Chap 39 & 43 (Peddlers/Merchants & Recreational Waters)
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Questions and Answers

Under what circumstances can a City Clerk suspend or revoke a solicitation license?

  • If the license holder makes untrue statements in the application or conducts the solicitation against public health, safety, or welfare. (correct)
  • If the license holder makes minor clerical errors in the application.
  • If the license holder changes their business address without notifying the City Clerk.
  • If the license holder has a prior misdemeanor charge.

Within what timeframe does a licensee have the right to appeal a license suspension or revocation?

  • Within 14 days, with a hearing by the City Council within 14 days thereafter.
  • Within 30 days, with a hearing by the City Council within 30 days thereafter. (correct)
  • 60 days, with a hearing by the City Council within 60 days thereafter.
  • Immediately, with a hearing by the City Council the next day.

An itinerant merchant updates their product line. According to city regulations, what action must they take?

  • No action is required as long as the products are related to the original business type.
  • Submit a new license application with the updated product details.
  • Inform local law enforcement about the updated product line.
  • Notify the City Clerk in writing within seven calendar days if the change is material to the original application. (correct)

Which action would be considered a violation of the regulations regarding endorsement by the City?

<p>Claiming that the city's granting of a license implies the city endorses the merchant's products. (A)</p> Signup and view all the answers

An itinerant merchant sets up a table that partially blocks the sidewalk, causing pedestrians to walk into the street. What regulation does this violate?

<p>The regulation against obstructing pedestrian traffic. (C)</p> Signup and view all the answers

According to the regulations, which action by an itinerant merchant regarding interactions with the public is prohibited without permission?

<p>Accosting, interfering with, or touching a member of the public. (B)</p> Signup and view all the answers

An itinerant merchant uses a loudspeaker to announce their presence and special offers. Which regulation might this violate?

<p>The regulation concerning noise levels. (D)</p> Signup and view all the answers

An merchant advertises their product as 'organic' when it is not. What regulation does this violate?

<p>The regulation against misrepresentation. (A)</p> Signup and view all the answers

If a City Clerk denies a license to an applicant, what recourse does the applicant have?

<p>The applicant can appeal in writing to the City Council for a final determination. (B)</p> Signup and view all the answers

According to the guidelines, which of the following pieces of information must be displayed on a license issued to an itinerant merchant?

<p>A statement clarifying that the license is not an endorsement by the city. (B)</p> Signup and view all the answers

What recourse does a licensee have if they believe the license fee places an undue burden on interstate commerce?

<p>They may apply to the City Clerk for an adjustment of the fee. (B)</p> Signup and view all the answers

An itinerant merchant's application must include details about the parent organization. Which of the following is NOT required?

<p>Names and contact information for all board members. (B)</p> Signup and view all the answers

According to the guidelines, what photograph specifications are required to be submitted by each individual who will sell or solicit?

<p>A 2x2 inch photo showing the head and shoulders, taken within 60 days prior to filing. (A)</p> Signup and view all the answers

An itinerant merchant is conducting solicitations. What are the requirements related to displaying their license?

<p>The license must be prominently displayed so it is visible to anyone dealing with the merchant. (A)</p> Signup and view all the answers

The City Clerk is responsible for issuing licenses to itinerant merchants. Under which of the following circumstances should the City Clerk DENY a license application?

<p>The applicant has a prior conviction for a misdemeanor involving moral turpitude. (B)</p> Signup and view all the answers

According to the regulations, can a license issued to an itinerant merchant be transferred to another person?

<p>No, licenses issued are nontransferable. (D)</p> Signup and view all the answers

Which of the following pieces of personal information is an itinerant merchant required to provide on their application?

<p>Driver's license number. (D)</p> Signup and view all the answers

What is the consequence if a person represents that the granting of a license is an endorsement by the city?

<p>It is considered a misrepresentation of fact, a violation of the chapter, and subject to license revocation. (D)</p> Signup and view all the answers

An itinerant merchant, upon applying for a license, is asked by the City Clerk to provide an affidavit detailing the gross volume of their business. Why might the clerk request this information?

<p>To determine if the license fee places an undue burden on interstate commerce. (A)</p> Signup and view all the answers

An itinerant merchant is planning to sell goods in the city. They have been convicted of a misdemeanor involving fraud five years ago. According to the guidelines, can the City Clerk issue a license to this merchant?

<p>No, because the conviction involved moral turpitude. (C)</p> Signup and view all the answers

An itinerant merchant's application must include an 'outline of the method and methods to be used in conducting the sales'. Which of the following best describes what this requires?

<p>A brief description of whether sales will be conducted door-to-door, on street corners, or sidewalks. (D)</p> Signup and view all the answers

An applicant is seeking an adjustment to their license fee, claiming it unduly burdens interstate commerce. According to the content, within what timeframe must they apply for this adjustment after paying the prescribed fee?

<p>Within 90 days (B)</p> Signup and view all the answers

An organization applying for an itinerant merchant license has previously been legally restrained from soliciting in another city due to deceptive practices. How does that impact their current application?

<p>It must be disclosed on the application. (C)</p> Signup and view all the answers

An itinerant merchant is applying for a license and, in addition to other requirements, needs to provide details of sales. Which of the following does this entail?

<p>The dates, times, and locations where sales or solicitations will be made. (D)</p> Signup and view all the answers

Under what specific condition is sport fishing allowed in recreational waters other than the Clinton River?

<p>If the recreational waters are designated for sport fishing by the City Manager. (A)</p> Signup and view all the answers

Which activity is explicitly prohibited on recreational waters, regardless of City Manager designation?

<p>Operating a boat propelled by a motor or engine. (C)</p> Signup and view all the answers

What is the primary criterion for determining whether operating a boat constitutes 'reckless operation'?

<p>Whether the operation endangers or is likely to endanger life or property, with regard to other boats and people. (D)</p> Signup and view all the answers

Under what condition is sledding permitted on or adjacent to recreational waters?

<p>In areas specifically designated by the City Manager. (B)</p> Signup and view all the answers

What is the rule regarding the placement of litter in parks abutting recreational waters?

<p>Litter must be placed in public receptacles in a way that prevents it from being carried away by the elements. (D)</p> Signup and view all the answers

What action is strictly prohibited concerning substances in recreational waters?

<p>Placing any substance that may result in obstruction or pollution. (A)</p> Signup and view all the answers

What is required to operate a radio-controlled scale model boat on recreational waters?

<p>Operation in accordance with chapter terms and any regulations that the City Manager may create. (A)</p> Signup and view all the answers

Besides snowmobiles and motorcycles, what other type of vehicle is prohibited on recreational waters?

<p>Off-road vehicles (ORV). (C)</p> Signup and view all the answers

An itinerant merchant is asked to leave a private property by the homeowner. According to the ordinance, what action should the merchant take?

<p>The merchant must immediately leave the premises. (B)</p> Signup and view all the answers

What is the consequence for an individual who knowingly provides false information on a license application, according to the ordinance?

<p>The individual will be in violation of the chapter. (C)</p> Signup and view all the answers

According to the ordinance, how should an itinerant merchant position their vehicle when stopped to make a sale?

<p>Parallel to the curb, within 12 inches of the curb, and depart as soon as the sale is complete. (A)</p> Signup and view all the answers

Under what condition can a Sterling Heights Police Officer request an itinerant merchant to stop peddling in a specific area?

<p>If the area is experiencing congested or dangerous traffic conditions. (D)</p> Signup and view all the answers

Where is an itinerant merchant prohibited from engaging in business, according to the ordinance?

<p>In a commercially zoned district, outside of any building. (A)</p> Signup and view all the answers

What activity is prohibited regarding the operation of a business near a highway, according to the ordinance?

<p>Operating in a manner that causes customers to occupy or congregate within the limits of the street or highway. (A)</p> Signup and view all the answers

Which of the following activities regarding customer service is NOT allowed on public property?

<p>Using streets, alleys, or public places for the service of customers. (B)</p> Signup and view all the answers

Which of the following is exempt from the LICENSING requirements of the chapter, but still subject to other provisions?

<p>Any person exempt under law from local regulation. (D)</p> Signup and view all the answers

A property owner's land abuts recreational waters. Which action is permitted regarding litter?

<p>Maintaining authorized private receptacles in a way that prevents litter from being carried into recreational waters. (A)</p> Signup and view all the answers

What is required before constructing a dock on recreational waters?

<p>Securing approval from the City of Sterling Heights Building Department, according to City Manager regulations. (A)</p> Signup and view all the answers

Under what condition can a person lower the level of recreational waters?

<p>To maintain the growth of lawns, gardens, and shrubbery on their property, as long as it does not violate the Natural Resources and Environmental Protection Act. (A)</p> Signup and view all the answers

Which of the following commercial activities related to recreational waters is prohibited?

<p>Selling water obtained from recreational waters. (C)</p> Signup and view all the answers

Who is authorized to dredge material from a recreational waterway for public purposes?

<p>Governmental agencies, for maintenance, improvements, or other public purposes. (A)</p> Signup and view all the answers

After adoption or amendment, where are the rules and regulations promulgated by the City Manager filed and made available?

<p>With the City Clerk's office and available for public inspection. (A)</p> Signup and view all the answers

Consider a scenario where a resident wants to build a small extension to their existing dock on recreational waters. What steps must they take to comply with city ordinances?

<p>Secure approval from the City of Sterling Heights Building Department in accordance with the regulations promulgated by the City Manager. (C)</p> Signup and view all the answers

A local landscaping company is contracted to maintain the grounds of a property adjacent to recreational waters. What restrictions apply to their use of water from the waterway?

<p>They are prohibited from using the water for commercial activities, even for irrigation. (C)</p> Signup and view all the answers

Flashcards

License application form

Document required to apply for an itinerant merchant license.

Personal information needed

Name, address, phone number, driver's license, DOB, physical description.

Parent organization details

Organization's name, address, formation date, and structure.

Solicitation methods

Door-to-door, street corners, sidewalks, etc.

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Sales details required

Start/end dates, times, and locations for sales or solicitations.

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Types of goods

List of items or services being offered for sale.

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Previous restraint?

Has the organization been legally stopped from soliciting before?

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Photograph Requirements

Photograph taken within 60 days of the application date.

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Who makes the final determination?

If a license is denied, the applicant can appeal to them.

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What info is on the license?

The license must include the parent organization's info (if any), the itinerant merchant's info + photo, the issue date, solicitation times, and a disclaimer that the license isn't a city endorsement.

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How is the license fee determined?

Set by the annual appropriations ordinance.

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Can the license fee be adjusted?

If the license fee places an undue burden on interstate commerce, the City Clerk can adjust it.

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Where to display the license?

The merchant must visibly display the license while soliciting.

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Are Licenses Transferable?

Licenses are not transferable to another person.

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Is the license a city endorsement?

Representing the license as a city endorsement is a misrepresentation of fact and a violation.

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Who should an itinerant merchant apply to when a license fee places an undue burden on interstate commerce?

An itinerant merchant should apply to the City Clerk to adjust the fee.

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Misrepresentation in Solicitation

Making false statements or misrepresenting facts during solicitation.

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License Suspension/Revocation

The City Clerk has the power to temporarily stop or completely cancel a solicitation license.

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Right to Appeal

A formal process for addressing concerns, allowing the licensee to present their case.

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Reporting Changes

Itinerant merchants must inform the City Clerk about significant changes to application data within seven days.

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No City Endorsement

A license granted by the city should never be presented as an official endorsement.

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No Obstructions

Blocking or interfering with traffic flow on public roads or sidewalks.

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No Interference

Physically bothering or touching members of the public without their consent.

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Noise Restrictions

Making loud noises such as shouting or using loud devices to attract attention is prohibited.

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"No Solicitors" Rule

Door-to-door sales are not allowed where a "No Solicitors" or similar sign is posted, unless invited.

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Must Leave When Asked

Itinerant merchants must leave private property when asked by someone with lawful possession.

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False Application = Violation

Filing a license application with false information is a violation.

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Limited Time on Streets

License holders cannot stay in one place on public streets longer than necessary to serve a customer.

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Parking Rule

Vehicles must park parallel to and within 12 inches of the curb.

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Police Request to Desist

Peddling is prohibited if requested by a police officer due to traffic congestion.

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No Outdoor Business in Commercial Zones

Itinerant merchants cannot conduct business outside a building in a commercially zoned district.

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No Curb Service

Merchants cannot operate in a way that customers congregate or occupy public streets.

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Littering near recreational waters

It is illegal to dispose of any waste material on private property that borders recreational waters.

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Dock/pier construction

Docks and piers need permission from the Building Department.

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Water usage allowance

Adjacent property owners may extract water to maintain lawns, gardens, shrubbery and fire protection.

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Lowering water levels

It is illegal to lower the water level of any recreational waters.

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Commercial water usage

It is illegal to use any water obtained from recreational waters for commercial activities.

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Buying/selling water

It is illegal to buy or sell any water obtained from recreational waters.

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Dredging Restrictions

Removing material from waterways is restricted with an exception for government agencies.

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Rule Accessibility

Rules become public once filed with the City Clerk.

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Reckless Boat Operation

Operating a boat in a way that endangers life or property, disregarding other boats and people.

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Motors Prohibited

Prohibition of boats propelled by any motor or engine on recreational waters.

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Radio-Controlled Model Boats

Radio-controlled scale model boats are allowed only under specific city regulations.

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Sport Fishing Restrictions

Sport fishing is generally prohibited in recreational waters, unless designated by the City Manager.

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No Fishing for Profit

Fishing for profit is not allowed in any recreational waters.

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Ice Fishing Regulations

Ice fishing is only permitted in designated areas approved by the City Manager.

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Vehicles Prohibited

Snowmobiles, ORVs, motorcycles, or any motor vehicles are not allowed on recreational waters.

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No Dumping

It's illegal to throw any substance into recreational waters that could cause obstruction or pollution.

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