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*Editor's note: Ord. No. 07-10, § 1, adopted May 21, 2007, repealed the former Art. IX, §§ 10-271--10-285, and enacted a new Art. IX as set out herein. The former Art. IX pertained to similar subject matter and derived from Code 1984, §§ 470:00, 470:05, 470:10, 470:15, 470:20, 470:25, 470:30, 470:35, 470:50, 470:55, 470:45, 470:60, 470:65, 470:70, and 1020:00--1020:15.
Cross references: Streets, sidewalks and other public places, ch. 28.
State law references: Hawkers, peddlers and transient merchants, Minn. Stats. §§ 329.06; 412.221, subd. 19; 437.02.
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Sec. 10-270. Purpose.
The city finds that in some cases unscrupulous individuals have posed or may pose as legitimate peddlers and solicitors for the purpose of harassment, nuisance, theft, and other unlawful acts committed against residents of the city. The purpose of this article is to impose reasonable regulations and restrictions on peddlers and solicitors so as to prevent illegitimate individuals who may be engaged in unlawful activities from posing as legitimate peddlers and solicitors. This article is not intended to interfere with legitimated business activities, whether local or interstate.
(Ord. No. 07-10, § 1, 5-21-2007)
Sec. 10-271. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Canvasser or solicitor means a person who:
(1) Goes from door to door or place to place to sell merchandise or other personal property, real estate or any interest therein or any property whatsoever, or personal services; and
(2) Sells such merchandise, property or services by soliciting, taking or attempting to take orders, or by entering into or attempting to enter into contracts, whereby possession or delivery of or transfer of title to any such property or performance of such personal service is or must take place in the future whether or not samples are in the possession of such person or whether or not partial or full payment is made when such order is taken or the contract is made.
Hawker and peddler mean a person who goes from door to door or place to place to sell merchandise or other property which is in the possession of such person, or personal service, and to deliver such merchandise or other personal property or perform such service contemporaneously with such sale thereof.
License means a license or permit issued by the city under this article allowing activities included in this article.
Transient merchant means a person who:
(1) Hires, leases or occupies or uses a building, structure, vacant lot, vehicle or railroad car for the exhibition or sale of merchandise or other property or personal services; and
(2) Is engaged in a temporary business in this state, either traveling from place to place or in one locality selling merchandise or other property, or personal services.
(Ord. No. 07-10, § 1, 5-21-2007)
Cross references: Definitions generally § 1-2.
Sec. 10-272. License or registration required.
(a) No person shall engage in the activities of a hawker, peddler, solicitor, canvasser, transient merchant or transient vendor of merchandise within the city without having first obtained a license unless they are exempt under section 10-273 or meet the requirements of subsection (b) below.
(b) No person shall engage in the activities of a transient merchant or canvasser who solicits orders within the state, which orders are to be filled at a later date with goods yet to be shipped from any state or locale other than the State of Minnesota, without first registering with the city pursuant to section 10-276.
Sec. 10-273. Exempt status.
(a) The requirement to be licensed pursuant to this article shall not apply to the following persons, and such persons shall be granted exempt status:
(2) Farm and garden product vendors who sell or peddle the products of the farm or garden occupied and cultivated by such vendor.
(3) Charitable, political, educational, or religious vendors or solicitors for a corporation unless done for financial gain of the individual, corporation or other business entity so engaged in such activity.
(4) Milkmen, icemen, bakermen or other vendors of perishable food products who have regular routes within the corporate limits of the city.
(5) Persons having licenses or permits under other applicable ordinances of the city or under state laws or regulations which allows them to carry on the activity being investigated.
(6) Persons conducting the type of sales commonly known as garage sales, rummage sales, or estate sales.
(b) The exemptions in subsection (a) of this section shall not relieve any person from compliance with the state laws and regulations or other applicable ordinances.
(Ord. No. 07-10, § 1, 5-21-2007)
Sec. 10-274. Application for license.
(a) Before any license pursuant to this article shall be issued or approved for any person to vend, sell, hawk, peddle or perform any of the acts described in this article, the person desiring such license shall file a written application with the police department upon a form supplied by the police department.
(b) The application shall be completed in all respects by the applicant and shall supply all information deemed necessary or advisable by the city and shall include, but not be limited to, the following:
(1) Name, address, and telephone number of the applicant.
(2) Any other names under which the applicant conducts business or to which the applicant officially answers.
(3) Corporate or trade name, if any.
(4) Date of birth and state driver's license or identification card passport information and visa status if the applicant is not a United States citizen.
(5) Any and all telephone numbers and addresses where the applicant can be reached while conducting business within the city.
(6) Proof of any required county license.
(7) State and county of incorporation or registration.
(8) Principal place of business, registered place of business, and local place of business, if any.
(9) Position with the corporation or other business entity, and if an employee of an independent contractor with such corporation or other business entity, credentials shall be supplied showing such position.
(10) Name and address of the supplier or owner of the property or provider of services to be sold.
(11) Description of the property or services to be sold and the days and the hours during the day sale thereof is intended.
(12) A list of the three most recent locations where the applicant has conducted business as a peddler or transient merchant.
(13) A statement as to whether or not the applicant has been convicted within the last five years of any felony, gross misdemeanor, or misdemeanor for violations of any state or federal statute or any local ordinances, other than traffic violations.
(14) A physical description of the applicant.
(15) A photograph (two copies) of the applicant, taken within 60 days immediately prior to the date of filing of the application. The pictures shall be two inches by two inches showing the head and shoulder of the applicant in a clear and distinguishing manner.
(16) Make, model, year, color, and state license number of each motor vehicle to be used in connection with the proposed activity.
(17) Such other and further information as may be deemed necessary by the city.
(c) The license application shall include evidence of any license required under Minn. Stats. ch. 329.
(Ord. No. 07-10, § 1, 5-21-2007)
Sec. 10-275. Issuance of license; fee.
(a) [Investigation required.] Every application for a license under this article shall be investigated as deemed necessary by the city and a written approval thereof shall be affixed thereto by the chief of police or the city clerk indicating the results of an investigation of the business and moral character of the applicant.
(b) License ineligibility . In addition to the results of any investigation and at the discretion of the city council, the following are grounds for denying a license under this chapter:
(1) The failure of the applicant to obtain and show proof of having obtained any required county license.
(2) The failure of the applicant to truthfully provide any of the information requested by the city as a part of the application, or failure to sign the application, or the failure to pay the required fee at the time of the application.
(3) Violation by the applicant, or a violation by a representative of the applicant, of a provision of this section within three years before the application date, or who violates a provision of this section during the application period pending the issuance of the license.
(4) The conviction of the applicant within the past three years from the date of the application for any violation of any federal or state or regulation, or of any local ordinances, which adversely reflects on the person's ability to conduct business for which the license is being sought in an honest and legal manner or that will not adversely affect the health, safety, and welfare of the residents of the city. Such violations include but are not limited to burglary, theft, larceny, swindling, fraud, unlawful business practices, and any form of actual or threatened physical harm against another person.
(5) The revocation within the past three years of any license issued to the applicant for the purpose of conducting business as a peddler, solicitor or transient merchant (this includes a revocation by another governmental body).
(6) The applicant is determined to have a bad business reputation. Evidence of a bad business reputation includes, but is not limited to, the existence of three or more complaints against the applicant with the Better Business Bureau, the Attorney Generals Office, or other similar business or consumer rights office or agency, within the preceding 12 months, or more than three such complaints filed against the applicant within the preceding five years.
(c) If as a result of such investigation the applicant's business and moral character are found to be unsatisfactory, the chief of police shall endorse on such application disapproval and reasons for the same. The applicant will be advised that his/her application is disapproved and that no license will be issued. Any applicant's business and moral character may be found to be unsatisfactory for reasons including, but not solely limited to:
(1) Fraud, misrepresentation or incorrect statement contained in the application for permit.
(2) Past fraud, misrepresentation or incorrect statement made in the course of carrying on business as a solicitor, canvasser, peddler, or transient merchant.
(3) Past conviction of any crime or misdemeanor involving fraud, theft, or moral turpitude.
(4) Conducting the business of a peddler, solicitor, or transient merchant, as the case may have been, in an unlawful manner or in such a manner as to constitute a breach of peace or constitute a menace to health, safety, or general welfare of the public.
(d) Upon payment of the fee in the amount duly established by ordinance and set forth in section 16-81 and upon approval of the application and moral character of the applicant, the police chief may issue to the applicant a license to conduct or pursue the business for which the license application was made for the period of time requested, if in the police chief's opinion the requirements of this article have been fully met and the public health, safety, welfare or peace shall not suffer therefrom and the public is not defrauded thereby.
(Ord. No. 07-10, § 1, 5-21-2007)
Sec. 10-276. Registration for permit.
(a) Before any permit pursuant to subsection 10-272(b) shall be issued, application shall be made for registration for the permit.
(b) The application shall be completed in all respects by the applicant and shall supply all information deemed necessary or advisable by the city and shall include, but not be limited to:
(1) Name, address, and telephone number of the applicant.
(2) Any other names under which the applicant conducts business or to which the applicant officially answers.
(3) Corporate or trade name, if any.
(4) Date of birth and state driver's license or identification card. Passport information and visa status if the applicant is not a United States citizen.
(5) Any and all telephone numbers and addresses where the applicant can be reached while conducting business within the city.
(6) Proof of any required county license.
(7) State and county of incorporation or registration.
(8) Principal place of business, registered place of business, and local place of business, if any.
(9) Position with the corporation or other business entity, and if an employee of an independent contractor with such corporation or other business entity, credentials shall be supplied showing such position.
(10) Name and address of the supplier or owner of the property or provider of services to be sold.
(11) Description of the property or services to be sold and the days and the hours during the day sale thereof is intended.
(12) A list of the three most recent locations where the applicant has conducted business as a peddler or transient merchant.
(13) A statement as to whether or not the applicant has been convicted within the last five years of any felony, gross misdemeanor, or misdemeanor for violations of any state or federal statute or any local ordinances, other than traffic violations.
(14) A physical description of the applicant.
(15) A photograph (two copies) of the applicant, taken within 60 days immediately prior to the date of filing of the application. The pictures shall be two inches by two inches showing the head and shoulder of the applicant in a clear and distinguishing manner.
(16) Make, model, year, color, and state license number of each motor vehicle to be used in connection with the proposed activity.
(17) Such other and further information as may be deemed necessary by the city.
(c) Ineligibility for permit.
(1) The failure of the applicant to obtain and show proof of having obtained any required county license.
(2) The failure of the applicant to truthfully provide any of the information requested by the city as a part of the application, or failure to sign the application.
(3) Violation by the applicant, or a violation by any member of the applicant's company, of a provision of this section within three years before the application date, or who violates a provision of this section during the application period pending the issuance of the license.
(4) The conviction of the applicant within the past three years from the date of the application for any violation of any federal or state or regulation, or of any local ordinances, which adversely reflects on the person's ability to conduct business for which the license is being sought in an honest and legal manner or that will not adversely affect the health, safety, and welfare of the residents of the city. Such violations include but are not limited to burglary, theft, larceny, swindling, fraud, unlawful business practices, and any form of actual or threatened physical harm against another person.
(5) The revocation within the past three years of any license issued to the applicant for the purpose of conducting business as a peddler, solicitor or transient merchant (this includes a revocation by another governmental body).
(6) The applicant is determined to have a bad business reputation. Evidence of a bad business reputation includes, but is not limited to, the existence of three or more complaints against the applicant with the Better Business Bureau, the Attorney Generals Office, or other similar business or consumer rights office or agency, within the preceding 12 months, or more than three such complaints filed against the applicant within the preceding five years.
(d) Upon satisfactory completion of the application and determination that the requirements of this article have been met, the police chief shall issue a permit.
(Ord. No. 07-10, § 1, 5-21-2007)
Sec. 10-277. Conditions of license; conditions of permit.
(a) Term. A license issued under this article shall have a specific duration specified thereon and shall expire no later than the following January 1. Permits shall be valid for one month from being issued.
(b) License or permit to be applicable to only one individual. A license or permit shall be issued to only one individual, or, if issued to a corporation or other business entity, shall apply to only one individual, who shall be named in the license or permit together with such other corporation or other business entity. A corporation or other business entity may apply for more than one license or permit.
(c) Possession. A license or permit shall be kept in the possession of the individual to whom it applies or to whom issued at all times during which the activities thereunder are conducted.
(d) Days and times of operation. Activities shall be conducted under a license or permit only during the times of the day and days of the week which are stated in the applicant's application. The times of the day and days of the week shall, upon approval of the application and issuance of the license, become the time and date limitations incorporated therein. No activities will be permitted between the hours of 8:00 p.m. and 9:00 a.m.
(e) Display. The license or permit shall be displayed upon request of any person solicited within the city or to any employee of the city. No reference to the license or permit in any solicitation shall state or imply that the city, because of its issuance thereof, makes endorsement of the merchandise or the property or services offered.
(Ord. No. 07-10, § 1, 5-21-2007)
Sec. 10-278. Revocation of license; revocation of permit.
(a) A license or permit issued under the provisions of this article may be revoked by the council after notice and hearing for any of the following causes:
(1) Fraud, misrepresentation or incorrect statement contained in the application for license or certificate of exempt status.
(2) Fraud, misrepresentation or incorrect statement made in the course of carrying on business as a hawker, peddler, solicitor, canvasser, transient merchant, or transient vendor.
(3) Any violation of this article.
(4) Conviction of any crime or misdemeanor.
(5) Conducting the business of hawker, peddler, solicitor, canvasser, transient merchant or transient vendor, as the case may be, in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to health, safety or general welfare of the public.
(b) Notice of the hearing for revocation of a license shall be given by the city clerk in writing, setting forth the specific grounds for complaint and the time and place of the hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least five days prior to the date set for hearing or shall be delivered by a police officer in the same manner as a summons at least three days prior to the date set for hearing.
(Ord. No. 07-10, § 1, 5-21-2007)
Sec. 10-279. Appeals.
Any person aggrieved by the action of the chief of police or the city clerk in the denial of a license or a permit as provided in this article may appeal to the city council. Such appeal shall be taken by filing with the council, within 14 days after notice of the action complained of, a written statement setting forth fully the grounds for the appeal. Failure to request an appeal within the time required shall constitute a waiver. The council shall set a time and place for a hearing on such appeal, and notice of the hearing shall be given to the appellant in the same manner as provided in section 10-278 for notice of hearing on revocation.
(Ord. No. 07-10, § 1, 5-21-2007)
Sec. 10-280. Reapplication for license or permit.
No licensee or permitee under this article whose license or permit has been revoked shall make further application until at least three years have elapsed since the last previous revocation.
(Ord. No. 07-10, § 1, 5-21-2007)
Sec. 10-281. Loud noises and speaking devices.
No person to whom a license or permit has been issued under this article, or any person on his behalf, shall shout, cry out, blow a horn, ring a bell or use any sound-amplifying device upon any of the streets, alleys, parks or other public places of the city or upon private premises where sound of sufficient volume is emitted or produced therefrom to be capable of being heard upon the streets, alleys, avenues, parks or other public places for the purpose of attracting attention to any goods, wares or merchandise proposed to be sold.
(Ord. No. 07-10, § 1, 5-21-2007)
Sec. 10-282. Use of streets.
No licensee or permitee under this article shall have exclusive right to any location in the public streets, nor shall any be permitted a stationary location thereon, nor shall any be permitted to operate in a congested area where such operation might impede or inconvenience the public use of such streets. For the purpose of this article, the judgment of a police officer exercised in good faith shall be deemed conclusive as to whether the area is congested and the public impeded or inconvenienced.
(Ord. No. 07-10, § 1, 5-21-2007)
Sec. 10-283. Vehicles.
(a) Vehicle information. A licensee or permitee under this article shall specify if he intends to carry on business by wagon, by vehicle or on foot. If a vehicle is said to be used in the licensee's or permitee's endeavor, full and complete identification of the vehicle shall be supplied to the city at the time of the application. If the vehicle is changed at any time during the licensed or permitted period, the licensee must inform the city of the change of the vehicle.
(b) Prohibited vehicles. No licensee or permitee may use a vehicle to carry on business which is more than a single unit vehicle or which has a registered gross weight of 12,000 pounds or more.
(Ord. No. 07-10, § 1, 5-21-2007)
Sec. 10-284. Consumer fraud.
Any applicant or licensee or permitee under this article who is found to have been convicted of any form of consumer fraud shall be denied a license or permit, or have the previously issued license or permit revoked.
(Ord. No. 07-10, § 1, 5-21-2007)
Sec. 10-285. Referral selling.
Every plan, scheme, or other means whereby the sale of goods, property, services, or other thing of value is induced in whole or in part by any statement or promise that the purchaser of such goods, property, services or other thing of value can earn or obtain payments in money, goods, or credit by obtaining, attempting to obtain, or suggesting the names of additional purchasers of goods, property or other things of value is a lottery and every person who commits or perpetrates such a scheme shall be guilty of a misdemeanor. No license or permit shall be issued under this article to any person contemplating the sale of such a scheme and a license or permit may be revoked if it is found that the person is committing or perpetrating such a scheme.
(Ord. No. 07-10, § 1, 5-21-2007)
Sec. 10-286. Nuisances affecting right of privacy.
(a) Prohibited acts. The practice of going in and upon private premises in the city by solicitors, peddlers, hawkers, itinerant merchants and transient vendors for the purpose of soliciting orders for the sale of goods, wares, merchandise, or services of any kind, or for the purpose of peddling such goods, wares, merchandise, or services, upon private premises whose owners or occupants have placed upon or near the usual entrance thereto a sign bearing the notice "No Solicitors" or "No Soliciting" or words substantially similar thereto or upon private premises whose owners or occupants have not requested or invited them to do so, is hereby declared to be a nuisance. It is unlawful for a peddler, solicitor, or transient merchant to conduct business in any of the following manners:
(1) Obstructing the free flow of either vehicular or pedestrian traffic on any street, alley, sidewalk, or other public right of way.
(2) Conducting business in such a way as to create a threat to the health, safety, or welfare of any individual or the general public.
(3) Harass, intimidate, abuse, or threaten a person or continue to offer merchandise for sale to any persons after being told not to do so by that person.
(4) Engage in solicitation, peddling, or transient merchandizing for any unlawful business or organizational purpose or unlawful activity.
(5) Engage in any conduct constituting harassment, nuisance, theft, deceit, or menacing, troublesome, or otherwise unlawful activities during the course of their activity.
(6) Attempt to gain entrance to any residential or business premises which display(s) at such entrance a sign prohibiting any solicitation.
(7) Attempt to conduct business with anyone other than the adult(s) responsible for the residence.
(8) Walk on or about any side or rear yard or attempt to make contact at any point other than the main point of entrance or front door of the residence.
(9) Refuse to leave any premises when requested by the owner, lessee, or person in charge thereof.
(10) Engage in any activity constituting that of a solicitor, peddler, or transient merchant without first being registered with the city as herein provided.
(11) Not carrying their photo identification when engaging in sales activity.
(12) Transfer registration identification to another person.
(13) Conduct sales activity between 8:00 p.m. and 9:00 a.m.
(14) Use unreasonably loud noises or amplifying devices while engaged in sales activities.
(15) Claim to have the endorsement of the city based on the city having issued a permit of registration to that person.
(16) Failing to provide proof of license or registration and identification when requested.
(17) Conduct business in a manner a reasonable person would find obscene, threatening, intimidating, or abusive.
(b) Penalty. Any person who shall commit, cause, or create a nuisance as defined in this section shall be guilty of a misdemeanor, and, upon conviction, shall be punished in accordance with section 1-13.
(c) Damaging or defacing signs. Any person, other than the person occupying such premises, who shall remove, injure, damage, or deface the placard or sign referred to in subsection (a) of this section shall be guilty of a misdemeanor, and, upon conviction, shall be punished in accordance with section 1-13.
(d) Exceptions. This section shall not apply to the following:
(1) Persons duly licensed or specifically exempted from licensing under the constitution and laws of the state or the ordinances of the city, at such times as such persons are conducting only the activity described in such laws and ordinances.
(2) Persons making an initiatory uninvited call upon householders of the city as a preliminary to the subsequent establishment of a regular route service for the sale and delivery to customers of the daily necessities of life which are perishable or subject to spoiling within a reasonably short time.
(3) Charitable organizations and representatives thereof duly registered pursuant to Minn. Stats. §§ 309.50--309.61, or those specifically exempted from registration under the provisions thereof.
(Ord. No. 07-10, § 1, 5-21-2007)
Cross references: Nuisances, § 14-31 et seq.