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HomeMy WebLinkAboutCOUNCIL MINUTES 1950-07-31 Page 77 MINUTES OF THE TENTH '?EGULAR MRF.T]NG OF THE COUNCIL OF THE CITY OF LIVONIA JULY 31, 1950 The tenth regular meeting of the Council of the City of Livonia was held on July 31, 1950, at 33110 Five Mile Road, Livonia, Michigan The meeting was called to order at approximately 8.01 P M by the President of the Council, Harry S Wolfe Roll was called with the following result- Present—Harry esult•Present-Harry S Wolfe, Wilson W Edgar, John Whitehead, Nettie Carey, Harvey Jahn and William Taylor Absent—Raymond E Grimm The minutes of the ninth regular meeting of the Council held on July 24, 1950 were read and approved. George E Harmon, Chief of Police presented information as to the ILM necessity and costs of radio equipment On motion of Harvey Jahn, seconded by John Whitehead, and unanimously carried by the affirmative vote of all of the Councilmen named above as present at this meeting, it was H-/O ? RESOLVED, that the Police Department be and hereby is authorized to purchase Motorola Radio receiving and sending sets, described as follows . 1 Fixed st xmtr & rcvr 1 Andrews Unipole, RG8u adapter, Mtg Clamps 1 1001 ft Coax with fittings 2 Mobile xmtr. and Rcvr. and the additional sum of Two Thousand Dollars ($2,000 00) is here- by appropriated for the purchase of said equipment. Mayor Jesse Ziegler stated to the Council the urgent need for working space for the departments of the City Government A letter from the City Planning Commission was read as follows: Page 78 At a meeting of the Planning Commission held on the 19th day of of July, 1950, a motion was duly made, seconded, and unanimously carried, it was RESOLVED, to request the City Council to investigate the possibility of purchasing the vacant property on Five Mile Road directly east of the City Hall extending to Woodring Avenue, for the purpose of enlarging City offices and other facilities On motion of John Whitehead, seconded by William Taylor and unanimously carried by the affirmative vote of all of the Councilmen named above as present at this meeting, it was io9 RESOLVED, that the Mayor investigate and obtain a price on the property mentioned in the letter from the City Planning Commission Mr Waring of Waring and Johnson, Planning Consultants, explained the procedure of the Planning Commission in creating a Civic Center The budget of the City Planning Commission was discussed On motion of William Taylor, seconded by Wilson W Edgar and unanimously carried by the affirmative vote of all of the Councilmen named above as present at this meeting, it was 110 RESOLVED, that the following revised budget submitted by the Planning Commission, covering its operation for the period beginning June 1, 1950 to December 1, 1950 Waring and Johnson, Consultants, retaining fee for 6 months at $50.00 per mo. not to exceed $ 300 00 Waring and Johnson, Consultants, special engineering services, not to exceed 1500 00 Recording Secretary, not to exceed 250.00 Postage expense, not to exceed 50.00 Stationery and supplies, not to exceed 50 00 Traveling expenses, not to exceed 100 00 Miscellaneous, not to exceed 50.00 Advertising expense 400.00 Total $2700 00 be and hereby is approved Judge Leo 0 Nye requested that his needs be ascertained and satisfied On motion of Harvey Jahn, seconded by Wilson W Edgar, and unanimously carried by the affirmative vote of all of the Councilmen named above as present at this meeting, it was Page 79 HI RESOLVED, that a committee by appointed to investigate the needs of the Justice Court. The President thereupon appointed the following committee: Wilson W Edgar, Harvey Jahn, and William Taylor Mr. Leonard Broquet, Superintendent of the Redford Township Department of Building and Safety Engineering informed the Council as to the operations of the Redford Building Department and invited Livonia officials to visit Redford A fifteen minute recess was called, following which the meeting was resumed Councilman Wilson W Edgar presented a report on the behalf of the Insurance committee On motion of John Whitehead, seconded by Nettie Carey, and unanimously carried by the affirmative vote of all of the Councilmen named above as present at this meeting, it was R tJa• RESOLVED, that the Insurance committee, Nilson W Edgar, William Taylor, and Raymond E Grimm, be continued as a standing committee of the Council; that William Wood, of Livonia, be designated as the writing agent of all Insurance of the City, that the manner and means of distributing the commissions between the writing agent and other agents in the City be determined by the Insurance committee in accordance with approved procedure, that a statement of all insurance to be issued and the cost thereof be submitted to the Council for approval; that this resolution be effective as of August 1, 1950; that immediate action be taken to protect the City in all respects with binder insurance, and the City Mayor and Clerk be and hereby are authorized to do such other things as may be reasonably necessary to the complete performance of this resolution. The Council next discussed the advisibility of terminating the contract between the City and the Board of Road Commissioners for the County of Wayne, for the care and maintenance of the City's roads. On motion of Harvey Jahn, seconded by Wilson W Edgar, and unanimously carried by the affirmative vote of all of the Councilmen named above as present at this meeting, it was A-,13 RESOLVED, that the contract hereof made between the City of Livonia and the Board of County Road Commissioners of the County of Wayne, Aichigan, dated the 14th day of February, A D 1950, be and hereby is terminated as of the 31st day of August, A. D 1950, and that a thirty day notice be given to the Board of County Road Commissioners of the County of Wayne, Michigan Page 80 On motion of Harvey Jahn, seconded by William Taylor, and unanimously carried by the affirmative vote of all of the Councilmen named above as present at this meeting, it was A ►►y RESOLVED, the request of Benford N. and Dorothy 0 Rosbolt, 27710 Plymouth Road to transfer their SDM license to Salvatore Venturi, be and hereby is granted Communication from the Housing Expediter was read and tabled, in order to give the City Attorney, 17illiam Brashear, time for investigation On motion of Wilson IT Edgar, seconded by John Whitehead, and unanimously carried by the affirmative vote of all of the Councilmen named above as present at this meeting, it was 13 lis RESOLVED, that the petition of Donald E Butler, and Lillian J Butler be referred to the City Planning Commission for hearing and recommendations On motion of Wilson Vi Edgar, seconded by William Taylor, and unanimously carried by the affirmative vote of all of the Councilmen named above as present at this meeting, it was 6- 114, RESOLVED, that the following budget of the City Election Commission Primary Election, September 12, 1950. . . $1200.00 General Election, November 7, 1950 1800.00 $3000 00 be and hereby is approved A letter from Miller, Canfield, Paddock and Stone dated July 2L , 1950 was read On motion of Harvey Jahn, seconded by John Whitehead, and unanimously carried by the affirmative vote of all of the Councilmen named above as present at this meeting, it was /3-1/7 RESOLVED, that the proposal of Miller, Canfield, Paddock, and Stone dated July 2L , 1950 for furnishing legal services in con- nection with a certain Bond Issue, pertaining to a sewer project in sections 25, 26, 35, and 36, for the sum of Two Thousand Dollars ($2,000 00), be and hereby is approved, provided that if the Bond Issue exceeds ($750,000 00) Seven Hundred Fifty Thousand Dollars, the amount of such fee will be increased portionately Councilman Wilson W Edgar introduced the following Ordinance (ORDINANCE # 12 ) Page 81 AN ORDINANCE REGULATING AND LICENSING CERTAIN BUSINESSES IN THE CITY OF LIVONIA AND PROVIDING PENALTIES FOR VIOLATION THEREOF THE CITY OF LIVONIA ORDAINS• Section 1 0 Licenses Required 1 1 No person shall engage in the operation, conduct or carrying on of any business for which any license is required by any provision of this ordinance without first obtaining a license from the City in the manner provided for in this ordinance 1.2 The fact that a license or permit has been granted to any person by the State of Michigan to engage in the operation, conduct, or carrying on of any business shall not exempt such person from the necessity of securing a license or permit from the City if such license is required by the ordinance. 1 3 Every person required to obtain a license from the City shall make application for said license to the City Clerk upon forms provided by the City Clerk and shall state under oath such facts as may be required for, or applicable to, the granting of such license, including the following: (a) The full names, business addresses and residence addresses of all owners, proprietors, officers, managers and local employees of applicant's business; (b) The place or places in the City of Livonia where it is proposed to carry on applicant's business, and the lenth of time during which it is proposed that such business be conducted, (c) The nature, character and quality of the goods, wares, merchandise or services to be sold or offered for sale by applicant in the City of Livonia; (d) The nature and kind of business which applicant proposes to conduct and the manner of operating same, (e) A list of all assumed, trade or firm names under which applicant intends to uo business, (f) The nature and character of advertising done or proposed to be done in order to attract customers; (g) Whether or not the person or persons conducting or managing applicant's business have been convicted of a crime, misdemeanor or the violation of any municipal ordinance, and, if so, full particulars in connection therewith. Page 82 Section 2 0 license Year 2.1 The license year shall begin December first of each year and shall terminate at midnight on November 30th of the following year 2.2 In all cases where the provisions of this ordinance permit the issuance of licenses for periods of less than one year, the effective date of such licenses shall commence with the date of issuance thereof. Section 3 0 Approval of Licenses. 3 1 No license or permit required by this ordinance shall be issued to any person who is required to have license or permit from the State of Michigan until such person shall submit evidence of such State license or permit and proof that all fees appertaining thereto have been paid. 3.2 No license shall be granted to any applicant therefor until such applicant has complied with all of the provisions of this ordinance pertaining to the business for which application for license is made, nor shall any license be granted where the certification of any officer of the City is required prior to the issuance thereof until such certification is made. Section 4.0 Fees 4 1 No license shall be issued until the fees as set forth in Section 30 0 of this ordinance shall be paid by the applicant to the City Clerk for trans— mission to the City Treasurer 4 2 All fees for the renewal of any license which are not paid at the time said fees shall be due, shall be paid as "late fees" at the rate of one hundred and ten per cent (110%) of the license fee required for such licenses under the provisions of Section 30.0. k 3 No license fee shall be required from any person exempt from such fee by State or Federal. law Such persons shall comply with all other provisions of this ordinance The City Clerk shall, in all such cases, issue to such persons licenses which are clearly marked as to said exemption and the reason therefor Section 5 0 Refusal To Issue Licensesand Revocation 5 1 Licenses requested under this ordinance may be refused by the City Clerk, and licenses issued under the provisions of this ordinance may be revoked by the Mayor or City Clerk at any time, for any of the following causes• (a) Fraud, misrepresentation or false statement contained in the application for license; (b) Fraud, misrepresentation or false statement made in the operation of a business; (c) Any violation of this ordinance, Page 83 (d) Conducting a business in an unlawful manner or in such manner as to constitute a breach of the peace or to constitute a menace to the health, morals, safety or welfare of the public; (e) The failure or inability of an applicant to meet and satisfy the requirements and provisions of this ordinance 5.2 Written notice of revocation stating the cause or causes therefor shall be delivered to a licensee personally or mailed to his address stated in his application for license 5 3 Any person whose license is revoked or any person whose request for a license is refused shall have the right to a hearing before the Council provided a written request therefor is filed with the City Clerk within ten days following the delivery or mailing of notice of revocation or within ten days following such refusal 5.4 The Council shall have the right to approve any refusal to issue a license or any revocation of a license, and the Council may grant or reinstate any license Section 6.0 Renewal. 6 1 Unless otherwise provided in this ordinance, an application for renewal of a license shall be considered in the same manner as an original appli- cation Section 7.0 Exhibition of License. 7 1 No licensee shall fail to carry any license issued in accordance with the provisions of this ordinance upon his person at all times when engaged in the operation, conduct or carrying on of any business for which the license was granted; except that where such business is operated, conducted or carried on at a fixed place or establishment, said license shall be exhibited at all times in some conspicuous place in his place of business; and he shall produce the same for examination when applying for a renewal thereof or when requested to do so by any City police officer or by any person representing the issuing authority 7.2 No licensee shall fail to display conspicuously on each vehicle or mechanical device or machine required to be licensed by this ordinance such tags or stickers as are furnished by the City Clerk. 7 3 No person shall display any expired license or any license for which a duplicate has been issued Section 8.0 Transferability 8 1 No license or permit issued under the provisions of this ordinance shall be transferable unless specifically authorized by the provisions of this ordinance Page 8I Section 9.0 Miscellaneous 9 1 No license to sell any food which may be consumed on the premises where sold without subsequent cooking shall be issued unless the applicant there- for and all persons assisting him possess certificates issued by the Health Department showing that they have been examined by a registered physician of the State of Michigan and found not to be afflicated with or a carrier of any infec- tious or communicable disease in an infectious or communicable form 9 2 No licensee shall use any weighing or measuring device in the conduct of his business or have in his possession aruy weighing or measuring device, unless said device shall have been examined and approved by the Police Chief. 9.3 No licensee shall sell or offer for sale any article or commodity purporting to be in quantities of standard weight or measure, unless the same shall be actually of the weight or measure purported 9 4 No licensee shall sell or offer for sale any defective, faulty, incomplete or deteriorated articles of merchandise, unless the goods are so represented to prospective customers Section 10 0 Processing of Food 10 1 The word "food" shall mean any matter, including milk and other liquids, commonly consumed by persons Section 11 0 State Law, Rules, Regulations. 11 1 No person shall violate any law of the State of Michigan nor any rule or regulation adopted by any duly authorized agency of the State of Michigan pertaining to the production, processing, storage, handling, or sale of any food. Section 12 0 Contaminated or Spoiled Food 12.1 No person shall process, sell, prepare or serve any contaminated or spoiled food 12 2 The Health Officer is hereby empowered to destroy any food which in his opinion is contaminated or spoiled 12 3 No physician, visiting nurse, public health nurse, or superinten- dent or other person in charge of any school, hospital, institution, dispensary, laboratory or camp, who shall have knowledge of the occurrence of a number or group of cases of illness believed to have been due to the consumption of contami- nated or spoiled food, shall fail to report the same at once by telephone to the Health Officer Section 13 0 Sanitary Facilities; Cleanliness 13.1 No person producing, transporting, processing, storing, selling, preparing or serving food shall fail to effectively protect same against contami- nation or spoilage Page 85 13 2 Every establishment where food is produced, processed, stored, prepared, sold or served shall be fitted with sanitary toilet and lavatory accomodations conveniently located and properly ventilated and maintained so that the waste is not accessible to flies and does not pollute the surface soil or contaminate any water supply The opening to any such toilet shall be arranged in manner that the interior thereof is protected at all times from public view Soap, running water and individual towels shall be provided for the proper cleansing of the hands 13 3 No person shall expectorate upon any floor or wall of any building in which any food is produced, processed, stored, prepared, sold or served 13 4 No person shall buy, sell or use any polish, article or substance containing any cyanide preparation or other poison for the cleansing of articles or utensils used for the service or preparation of food Section 14 0 License Required 114.1 No person shall engage in the business of processing or selling at retail or wholesale any food without first obtaining a license therefor in the manner provided for in Section 30.0 of this ordinance No such license shall be granted except upon certification of the Health Officer Section 15 0 Bowling, Pool and Billiards. 15 1 No person shall conduct, maintain or operate any place open to the public for bowling or playing pool or billiards without first obtaining a license in the manner provided for in Section 30 0 of this ordinance No such license shall be granted except upon certification of the Police Chief, the Fire Chief and the Health Officer 15.2 No person shall be granted a license under this section unless he be an American citizen over twenty-one years of age 15 3 No person shall keep open any room, hall or building licensed hereunder for a pool or billiard table therein between the hours of two o'clock A M. ana seven o'clock of the succeeding morning, nor shall any bawling alley licensed hereunder be kept open between the hours of two o'clock A M and seven o'clock A.M 15 4 No person who is less than seventeen years of age may remain or loiter in or about any pool or billiard room unless accompanied by a parent or guardian; nor shall the licensee thereof permit any such minor to remain or loiter therein 15.5 No licensee shall permit on the licensed premises any obstruction of the public view by the use of drawn shades or blinds or screens, either per- manent or moveable 15.6 No license to operate a pool or billiard table or a bowling alley shall be granted to an establishment licensed to sell intoxicating liquors unless the sale and consumption of such liquors is confined to a room or rooms entirely lio separate from the room or rooms in which the pool or billiard table or bowling alley is operated. Page 86 Section 16 0 Public Dance Halls, Public Dances. 16 1 The term "public dance" shall include any dance to which admission may be gained by the general public but shall not include any dance to which admis— sion is restricted to invited guests. 16 2 No person shall conduct, operate or maintain any place in or on which public dances are held without first obtaining a dance hall license in the manner provided for in Section 30 0 of this ordinance. No such license shall be granted except upon certification of the Police Chief, the Fire Chief and the Health Officer. 16 3 No person shall conduct a public dance except in or on premises licensed under the provisions of Section 16 0 of this ordinance. 16 14 No person leaving any premises in or on which a public dance is being conducted shall be readmitted except on payment again of the original admission charge 16 5 No person shall conduct any public dance without providing the services of a special police officer who shall enforce the provisions of this ordinance for the duration of the dance Section 17.0 Dancing Schools 17 1 No person shall teach dancing professionally without first obtaining a Dancing School license in the manner provided for in Section 30 0 of this ordinance, which license shall designate the premises in which the school is to be conducted No such license shall be granted except upon certification of the Police Chief, the Fire Chief and the Health Officer Section 18 0 Theatres 18 1 The word "theatre" as used in this ordinance shall include any structure or parcel of land used primarily for entertainment on the stage or screen 18 2 No person shall conduct, maintain or operate any theatre without first obtaining a license therefor in the manner provided for in Section 30 0 of this ordinance No such license shall be granted except upon certification of the Police Chief, the Fire Chief and the Health Officer 18 3 The scale of prices for admission to any theatre shall be framed and hung at some conspicuous place at the entrance of said theatre. Section 19 0 Skating Rinks 19 1 No person shall operate a skating rink without first obtaining a license therefor in the manner provided for in Section 30 0 of this ordinance No such license shall be granted except upon certification of the Police Chief, the Fire Chief and the Health Officer t Page 87 Section 20 0 Boxing and Wrestling Exhibitions. 20 1 No person shall conduct any sparring, boxing or wrestling exhibition or match, or any entertainment whereof such exhibition or match constitutes a part or whereat such an exhibition or match is reported by telegraph or telephone without first obtaining a license therefor in the manner provided for in Section 31 0 of this ordinance No such license shall be granted except upon certification of the Police Chief and the Fire Chief Section 21 0 Dry Cleaning, Dyeing or Operating a Laundry. 21 1 No person shall violate any law of the State of Michigan nor any rule or regulation adopted by any duly authorized agency of the State of Michigan pertaining to dry cleaning, dyeing or operating a laundry 21.2 No person shall carry on any business of dry cleaning, dyeing or operating a laundry without first obtaining a license therefor in the manner provided for in Section 31 0 of this ordinance 21 3 No such license shall be granted except upon certification by the Fire Chief that the premises comply with all the requirements of the State and of the City pertaining thereto Section 22 0 Coal and Coke 22.1 No person shall sell or deliver any coal or coke unless he furnish the driver of the conveyance used in delivering such coal or coke a certificate signed by him showing the weight of the coal or coke intended to be delivered, the weight of the conveyance and the name of the purchaser 22 2 No person driving any such conveyance shall refuse to exhibit such certificate to any official inspector nor fail to deliver the same to the purchaser, nor, if demanded by any official inspector or the purchaser, fail to verify the weights shown thereon by weighing said conveyance, loaded and unloaded, at some scales not owned by the vendor If verification is demanded by an official inspector, the scales shall be used at the expense of the driver If verification is demanded by the purchaser, charges for use of scales shall be born by the driver of such conveyance if under weight is shown, or by the purchaser if full weight if shown 22.3 No person shall sell, transport or deliver any coal or coke of less weight than stated on such certificate 22.L No person shall deliver coal or coke without first obtaining a license therefor in the manner provided in Section 31 0 of this ordinance. Section 23 0 Employment Agencies 23 1 No person shall operate an employment agency for profit or remuneration without first obtaining a license theref or No such license shall be granted except upon certification of the Police Chief Page 88 Section 214 0 Junk Dealers 24 1 No person shall engage in the business of dealer in scrap. iron, scrap metal, scrap wood, used auto parts or any form of goods commonly considered as junk, nor assemble same at one location for the purpose of sale without first obtaining a license therefor. 21i. 2 No such license shall be granted, (a) except upon certification of the Police Chief, the Fire Chief and the Health Officer, (b) unless the applicant therefor files with his application the written consent of seventy per cent of the owners of exclusively residential property within a radius of 1000 feet of the property where such business is to be conducted; or (c) for conducting such business on a vacant lot or in a partially enclosed structure unless such property is enclosed with a properly maintained, tight, board or other type fence at least seven feet above the street grade or, if the fence line grade is higher than that of the street, at least seven feet above the fence line grade, and erected in such a manner as to conceal the premises from public view. 2I 3 Each such license granted shall designate the particular place where said business is to be conducted and no licensee shall engage in said busi- ness at any place other than that so designated. 24 4 No licensee shall purchase or receive any article (a) between the hours of 7:00 P M. and 7.00 A .,i ; (b) on any Sunday, (c) from any person under the age of 17 years, without the written consent of parent or guardian; and (d) from a person known or suspected to be a thief or a receiver of stolen property Section 25.0 Mechanical Amusement and Vending Machines 25 1 No person shall display for use any mechanical amusement device, vending machine or music device without first obtaining a license for each such device or machine No such license shall be granted except upon certification of the Police Chief Section 26 0 Pawn Brokers 26 1 No person shall engage in the business of pawn broker without first obtaining a license therefor. No such license shall be granted except upon certification of the Police Chief and the Fire Chief Page 89 26.2 Before any such license is issued, the applicant therefor shall furnish a corporate surety bond in the penal sum of Three Thousand Dollars ($3,000 00) with sufficient surty to be approved by the City Clerk, which bond shall be con— ditioned for the due observance during the time of the license of all laws of the State of Michigan and all ordinances of the City Any person aggrieved by the action of any such licensee shall have a right of action of the bond for the recovery of money or damages or both Such bond shall remain in full force and effect for a period of ninety days after the expiration or cancellation of any such license or after the termination of any action upon such bond 26.3 No licensee shall fail to keep a daily record of all persons with whom he does business and of all property coming into his possession together with a record of the disposition of each article, nor shall any licensee fail to report same weekly to the Police Chief on forms prescribed by said Police Chief. The Police Chief shall at all times have access to such daily record Section 27 0 Peddlers and Transient Merchants 27 1 The term "peddler" as used in this ordinance shall mean any person who goes about from place to place, selling or offering for sale, goods, wares, merchandise and all kinds of property, traveling on foot or in vehicles, and selling from house to house or by crying his wares from the street Such term shall include "hawkers" and "hucksters". 27 2 The term "transient merchant" as used in this ordinance shall mean any person, firm, or corporation engaged temporarily in a retail sale of goods, wares, or merchandise, in any place in this City and who, for the purpose of conducting such business, occupies or uses any lot, building, room, structure of any kind or any vehicle Such term shall include: (a) "itinerant merchant," (b) "itinerant vendors," (c) persons, firms or corporations who shall be engaged in selling goods, wares or merchandise at retail in this City and who are not on the tax rolls of this City , and (d) any person, firm or corporation who commences a business of selling goods, wares and merchandise at retail within this City after the first day in January in any year and who is not assessed on the tax roll for such year The term "transient merchant" shall not include any person or persons selling vegetables, fruits, eggs and farm products of all kinds which have been wholly raised or produced by such person or persons, nor shall the term "transient merchant" include any person handling vegetables, fruits or perishable farm products at any established City market. 27 3 It shall be unlawful for any person, firm or corporation, either as principal or agent, to engage in business as a peddler or transient merchant in the City of Livonia without having first obtained a license in the manner herein provided Page 90 27.4 No license shall be granted except upon certification of the Chief of Police and Health Officer 27.5 Before any license, as provided by this ordinance, shall be issued for engaging in the business of a peddler or a transient merchant, the applicant shall file with the City Clerk the following instruments: (a) A cash or surety company bond running to the City of Livonia in the sum of One Thousand Dollars ($1,000 00), conditioned on full compliance by applicant with all the provisions of the ordinances of the City of Livonia and the statutes of the State of Michigan, regulating and concerning the sale of goods, wares and merchandise, and further conditioned on prompt payment by applicant of all judgments rendered against applicant for any violation of said ordinances or statutes, or any of them, together with all judgments and costs that may be recovered against such applicant by arty person or persons for damage growing out of arty misrepresentations of applicant or of appli- cant s agents or servants, either at the time of sale or through arty advertisement of any character whatsoever, (b) An instrument appointing the City Clerk as the true and lawful agent of applicant with full power and authority to accept service of process for and on behalf of applicant in respect to ary matters connected with or arising out of the business transacted under said license and the bond required by this ordinance, or for the per- il or breach of any of the provisions thereof, with the result that service on said agent shall be as valid as if personally served on the applicant Said instruments shall be in such form as may be approved by the City Attorney Action on said bond may be brought in the name of the City for the use of the aggrieved persons. On receipt of any process, the City Clerk shall promptly send a copy to applicant, by registered mail directed to the address stated in the application for such license.. 27.6 No license to engage in business as a peddler or transient merchant shall be granted to any person unless a complete set of fingerprints of such person and any person assisting him are on file in the non-criminal identification file of the Police Department 27 7 No licensee shall be entitled to more than one helper on foot for each vehicle used in said business 27.8 No person shall sell or peddle fresh meat upon any street, alley or public place 27.9 No peddler shall stop or remain in any one place upon any street, alley or public place longer than necessary to make a sale for a customer wishing to buy Page 91 Section 28.0 Second-Hand Merchants 28 1 No person shall engage in the business or occupation of dealing in second-hand or used personal property, including second-hand automobiles without first obtaining a license therefor No such license shall be granted except upon certification of the Police Chief and the Fire Chief 28 2 No licensee shall purchase or receive any article, (a) from any person under the age of 17 years, without the written consent of parent or guardian, or (b) from a person known or suspected to be a thief or a receiver of stolen property 28 3 No licensee shall fail, to keep a daily record of all persons with whom he does business and of all property coning into his possession together with a record of the disposition of each article, nor shall apy licensee fail to report same weekly to the Police Chief on forms prescribed by the State or by the Police Chief The Police Chief shall at all times have access to such daily record. Section 29 0 Gasoline Service Stations. 29.1 No person shall violate any law of the State of Michigan nor any rule or regulation adopted by any duly authorized agency of the State of Michigan pertaining to gasoline service stations 29 2 The term "gasoline service station" shall mean any premises, including all buildings and structures thereon, devoted to selling or dispensing at retail or wholesale gasoline or volatile liquids as fuel for any motor pro- pelled vehicle, watercraft or aircraft. 29 3 No person shall conduct, operate or manage a gasoline service station without first obtaining a license therefor in the manner provided for in Section 30 0 of this ordinance 29.4 No license required by this ordinance shall be granted except upon certification by the Fire Chief and Police Chief. 29.5 No gasoline service station, doing business at retail or wholesale, shall hereafter be constructed or opened for business within a radius of 100 feet of any school building, public park or playground, church, theatre, or any other public place where the public frequently gathers in large numbers; provided, that this sub-section shall not extend to any gasoline station operating or in the process of being constructed at the time of the adoption of this ordinance. 29 6 No fuel tank shall be filled at a retail gasoline service station except through a hose connected to a pump of a type approved by the Underwriters Laboratories, Incorporated Page 92 29 7 No gasoline or inflammpble liquid shall be kept or conveyed in open receptacles or in glass bottles or other breakable containers on the pre- mises of a gasoline service station, except in glass bottles of not more than eight ounces capacity used for sample purposes, and shall not be used for cleaning purposes on such premises. No glass container gasoline pump shall be installed in any building 29.8 All combustible waste and rubbish, including crankcase drainings, shall be kept in metal receptacles fitted with a tight cover until removed from the premises 29.9 No gasoline, oil, grease or inflammable liquid shall be allowed to flow into or be placed in the drainage system Oil and grease shall not be allowed to accumulate on the floor Sawdust shall not be kept in any gasoline service station or place of storage, and sawdust or other combustible material shall not be used to absorb oil, grease or gasoline 29.10 All gasoline service station proprietors and attendants upon being notified by the Fire Chief of the presence of gasoline or volatile liquids in sewers shall cooperate in ascertaining the reason therefor Any expense to the City in tracing gasoline leaks shall be paid by the owner of the station or the equipment to which such gasoline leak is traceable. 29 11 There shall be constantly maintained in good working order at least two (2) two and one-half (2-1/2) gallon fully charged, portable form type fire extinguishers at each gasoline service station 29.12 When a gasoline service station is discontinued or dismantled, the owner thereof shall forthwith remove all underground tanks that were used in connection therewith Section 30.0 Fees and Bonds Required. 30 1 The fee required to be paid and the amount of any bond required to be posted to obtain any license to engage in the operation, conduct or carrying on of any business for which a license is required by the provisions of this ordinance shall be based upon the type of orders taken, number of facilities or employees, goods or merchandise sold, or inspection or regulation required and upon the length of time for which such license is issued, and no license shall be issued to any applicant unless he first pays to the proper authority the fee and posts a bond in the amount required for the type of license desired, as indicated in the following schedule: LICENSE AMOUNT OF FEE AMOUNT OF BOND Bowling Alley: First alley $ 5.00 per year Each additional alley 1 00 per year Boxing and Wrestling Exhibition 10 00 per year Coal and Coke Each truck 2.00 per year Dance Hall 15 00 per year Dance School 5 00 per year Page 93 LICENSE AMOUNT OF FEE AMOUNT OF BOND Dry Cleaning, Dyeing or Laundry3.00 per year Employment Agency 15 00 per year Gasoline Service Station First Pump 5.00 per year Each additional pump 1 00 per year Junk Yard 100 00 per year Mechanical Amusement Device 10.00 per year Mechanical Music Device 5.00 per year Mechanical Vending Device: Machines taking pennies and nickles 2 50 per year Machines taking pennies, nickles & dimes 5.00 per year Machines taking coins in excess of dimes10.00 per year Peddlers ( 5 00 per day, $1,000 00 ( 25 00 per month; ( 100 00 per year Pool and Billiard Rooms . First table 5 00 per year Each additional table 1.00 per year Processing of Food (not otherwise licensed) 10 00 per year Second-Hand merchant 25.00 per year Skating Rink 15.00 per year Theatre (per seat) 03 per year Transient Merchant ( 10 00 per day; 1,000.00 ( 35.00 per month; ( 150.00 per year 30 2 Each peddler licensed under this ordinance shall be entitled to not more than one helper or assistant who shall pay a license fee equal to one-half of the fee paid by such peddler 30 3 A separate license and fee shall be required for each place of busi- ness, location or vehicle used by any transient merchant. 31 0 Delivery of Merchandise 31.1 This ordinance shall not in any way affect or regulate trucks or motor vehicles operated within the City for the following purposes: (a) for the wholesale distribution and delivery of goods, wares and merchandise; (b) for the delivery to residences of milk, cream, dairy products and baked goods; and (c) for the collection and delivery of articles to be cleaned, pressed, dyed, or laundered 31.2 This ordinance shall not affect or regulate the sale or distribution lim of newspapers Page 91i. 32 0 Signs Required 32.1 All persons having a license issued under the provisions of this ordinance, who are engaged in the selling of vegetables, fruit, produce, eggs, farm products of all kinds and manufactured articles, shall post on their premises where such merchandise is being sold, and in a conspicuous place, a legible sign in such form as may be approved by the Police Chief, clearly stating whether or not the merchandise so offered for sale was actually grown, produced or manufactured by the licensee. 33 0 Compliance with Ordinances, Rules and Regulations 33 1 No license shall be issued under this ordinance until the applicant shall have complied with all ordinances, rules and regulations of the City, the Fire Department, the Police Department and the Department of Health, pertaining to the business or property of the applicant, and passed or adopted for the protection of the public health, safety, morals, peace and general welfare 33 2 Every licensee shall comply with all of said ordinances, rules and regulations prior to issuance of his license and while such license is in effect 31 .0 Certification 34 1 The "certification" of the Police Chief, Fire Chief and Health Officer, or any of them, required by any of the provisions of this ordinance, shall be construed to include the following procedure: (a) Such certification may be made by any of the officers above named or by any of their authorized assistants, (b) Prior to certification, each officer of whom such certification is required, or his authorized assistant, shall make a reasonable investigation and a determination that the provisions of this ordinance have been satisfied; (c) Certification shall be indicated by writing on the application the word "approved" followed by the mama of the certifying officer through himself or an authorized assistant and the date of such approval 35 0 Penalty 35 1 Every person convicted of a violation of this ordinance shall be punished by a fine of not more than One Hundred Dollars ($100.00) or by imprisonment for not more than ninety days or both such fine and imprisonment Each act of violation and every day upon which any such violation shall occur shall constitute a separate offense Page 95 36 0 Repeal lim 36.1 Any and all ordinances or parts of ordinances in conflict or inconsistent herewith are hereby repealed 37 0 Severability 37.1 In the event any portions of this ordinance be held invalid for any reason, then such holding shall not affect the remaining portion of this ordinance 38 0 Effective Date 38.1 This ordinance is declared by the City Council to be an emergency ordinance requiring immediate passage and it shall take effect immediately upon the publication thereof A roll call vote on the above ordinance was taken with the following result. YEAS: Harvey Jahn, William Taylor, Wilson WW Edgar, Nettie Carey, John Whitehead, and Harry S Wolfe. NAYS: None The President declared the above ordinance passed and effective as of the date of publication, August 11, 1950. On motion of Harvey Jahn, seconded by John Whitehead, and unanimously carried by the affirmative vote of all of the Councilman named above as present at this meeting, it was RESOLVED, that Mason's Restaurant be paid by the Treasurer the sum of $21 22 for meals furnished to the Examiners at the recent Civil Service Examination On motion of Harvey Jahn, seconded by William Taylor and unanimously passed, the meeting was adjourned at 12:52 A. M August 1, 1950 Marie W. Clark, City Clerk Attested. Harir (-, President