Chapter 20
PEDDLERS; SOLICITORS; TRANSIENT MERCHANTSlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=22126
3-20-1: DEFINITIONS:
3-20-2: REGISTRATION REQUIRED:
3-20-3: EXEMPTIONS:
3-20-4: REGISTRATION:
3-20-5: FEE:
3-20-6: PERSONS WORKING FOR OR ASSISTING REGISTRANT:
3-20-7: REGISTRATION CARD:
3-20-8: IDENTIFICATION:
3-20-9: PRACTICES PROHIBITED:
3-20-10: REGISTRATION PERIOD:
3-20-11: REGISTRATION NONTRANSFERABLE:
3-20-12: REVOCATION OR DENIAL OF REGISTRATION:
3-20-13: TRANSIENT MERCHANTS PROHIBITED; EXCEPTIONS:
3-20-14: CIVIC AND RELIGIOUS AND CHARITABLE ORGANIZATION EXCEPTION:

3-20-1: DEFINITIONS:linklink


Unless otherwise expressly stated, whenever used in this chapter, the following words shall have the meanings given to them by this section:

NONCOMMERCIAL DOOR TO DOOR ADVOCATE: A person who goes door to door for the primary purpose of disseminating religious, political, social, or other ideological beliefs. For the purpose of this chapter, the term noncommercial door to door advocate shall fall under the term "solicitor" and include door to door canvassing and pamphleteering intended for noncommercial purposes.

PEDDLER: A person who goes from dwelling to dwelling, business to business, place to place, or from street to street, carrying or transporting food, goods, wares or merchandise and offering or exposing the same for sale. Peddlers seek out customers and are only stopped while engaged in a business transaction. They are not stopped or parked waiting for customers to come to them.

PERSON: Any natural individual, group, organization, corporation, partnership, or similar association.

PROFESSIONAL FUNDRAISER: A person who, for compensation, performs any solicitations or other services for a religious, political, social, or other charitable organization.

REGULAR BUSINESS DAY: Any day during which the city hall is normally open for the purpose of conducting public business. Holidays defined by state law shall not be considered regular business days.

SOLICITOR: A person who goes from dwelling to dwelling, business to business, place to place, or from street to street soliciting donations other than for political campaigns, or taking or attempting to take orders for any goods, wares or merchandise, including books, periodicals, magazines, or personal property of any nature whatever for future delivery.

TRANSIENT MERCHANT: A person, firm or corporation who engages temporarily in the business of selling and delivering food, goods, wares or merchandise within the city, and who, in furtherance of such purpose, hires, leases, uses or occupies any private property, vacant lot, parking lot, motor vehicle, trailer, structure, tent or temporary or portable shelter. (Ord. 1297, 4-16-2013)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=22126#s894529
3-20-2: REGISTRATION REQUIRED:linklink

It is unlawful for any peddler, solicitor, or transient merchant to engage in any such activity within the city without first registering with the police department in compliance with the provisions of this chapter. Registration does not exempt compliance with all other applicable local, state, and federal laws. (Ord. 1271, 7-17-2012)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=22126#s894530
3-20-3: EXEMPTIONS:linklink

This chapter does not apply to persons selling personal property at wholesale to dealers in such articles, to daily newspapers sales, or to merchants or their employees delivering goods in the regular course of business. It also does not apply to businesses that obtain a temporary seasonal sales permit or special event permit as regulated in title 10 of this code or to merchants operating as part of an antique/flea market wherein the organizer of the sale has the required license and assumes responsibility for the vendors as regulated by this title and that is operated pursuant to and in accordance with city land use approvals. (Ord. 1271, 7-17-2012)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=22126#s894531
3-20-4: REGISTRATION:linklink

Persons registering under this chapter shall file with the police department a sworn written statement on a form to be furnished by the department. The statement shall provide:


(A) The applicant's full legal name, other names the applicant uses or is known by, date of birth and driver's license number or other acceptable identification of the person registering;


(B) The permanent and any temporary home and business address and phone numbers of the applicant and in the case of transient merchants, the local address from which proposed sales will be made;


(C) A description of the nature of the business and the goods to be sold and the license plate number and description for any vehicle to be used in conjunction with the activity;


(D) The length of time for which the right to do business is required;


(E) A recent color photograph of the registrant which picture shall be approximately two inches by two inches (2" x 2") showing the head and shoulders of the person in a clear and distinguishing manner;


(F) The names of at least two (2) references who will substantiate the person's good character and business respectability or other evidence of the good character and business responsibility of the person;


(G) A statement as to whether or not the person has been convicted of any crime, misdemeanor or violation of any municipal ordinance, other than traffic violations, the nature of the offense and the punishment or penalty assessed, written authorization for the city to conduct a criminal history background check, and acknowledgment that failure to disclose previous convictions will disqualify the applicant;


(H) The two (2) preceding municipalities, if any, where the person carried on his or her activity prior to the current registration. (Ord. 1271, 7-17-2012)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=22126#s894532
3-20-5: FEE:linklink


(A) Registration Fee: Except as otherwise provided in this section, the person registering shall pay a fee to cover the administrative costs of processing and investigation at the time of registration. The fee shall be in an amount determined by council resolution or ordinance and is not refundable if the registration is denied.


(B) Exception: Solicitors who solicit orders from consumers within the city for goods to be shipped to the consumer from out of state are exempt from the registration fee requirement, provided that the goods are not purchased by the solicitor prior to final sale to the consumer who places an order. (Ord. 1271, 7-17-2012)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=22126#s894533
3-20-6: PERSONS WORKING FOR OR ASSISTING REGISTRANT:linklink

The registrant shall also supply the information required in section 3-20-4 of this chapter for all persons working for or assisting the registrant. (Ord. 1271, 7-17-2012)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=22126#s894534
3-20-7: REGISTRATION CARD:linklink

The police department shall issue a registration card upon the filing of a properly signed and completed form and satisfactory completion of the investigation and criminal history background check for the registrant and for all persons working for or assisting the registrant. (Ord. 1271, 7-17-2012)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=22126#s894535
3-20-8: IDENTIFICATION:linklink

All solicitors and peddlers must wear some type of identification conspicuously showing their name and the organization for which soliciting or peddling. (Ord. 1271, 7-17-2012)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=22126#s894536
3-20-9: PRACTICES PROHIBITED:linklink


(A) No peddler, solicitor or transient merchant shall call attention to his or her business or to his or her merchandise by crying out, by blowing a horn, by ringing a bell or other noise or by displaying any sign or device except flat mounted signs affixed to a vehicle or trailer.


(B) No peddler or solicitor shall enter in or upon any premises or attempt to enter in or upon any premises wherein a sign or placard bearing the notice "Peddlers Or Solicitors Prohibited", or language similar thereto, is located. No peddler or solicitor shall remain in or upon any premises when told by the owner to leave the premises.


(C) No peddler or solicitor shall enter upon any residential premises for the purpose of carrying on his or her trade or business without having been expressly or impliedly invited to do so by the owners or occupants thereof.


(D) No peddler or solicitor shall enter upon any residential premises for the purpose of carrying on his trade or business between the hours of one-half (1/2) hour after sundown, but no later than eight o'clock (8:00) P.M., until nine o'clock (9:00) A.M. of the following day, unless such person has been expressly invited to do so by the owner or occupant thereof. (Ord. 1271, 7-17-2012)


(E) Transient merchants shall not occupy any right of way or public or private property without proper approvals. Vending on private property shall comply with section 3-20-13 of this chapter. Vending in the ROW shall comply with chapter 30 of this title. Vending in parks shall comply with park policy 3.045. (Ord. 1297, 4-16-2013)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=22126#s894537
3-20-10: REGISTRATION PERIOD:linklink

Registration shall be valid for the calendar year. All registrations shall expire on December 31 after their issue. (Ord. 1271, 7-17-2012)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=22126#s894538
3-20-11: REGISTRATION NONTRANSFERABLE:linklink

A registration may not be transferred. Each peddler, solicitor or transient merchant and those working for or assisting shall separately register. (Ord. 1271, 7-17-2012)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=22126#s894539
3-20-12: REVOCATION OR DENIAL OF REGISTRATION:linklink


(A) Regulations: A person registered under the provisions of this chapter shall be allowed to conduct activity within the city; provided, that none of the following occurs:

1. Fraud, misrepresentation or false statement contained in the application for registration.

2. Fraud, misrepresentation or false statement made in the course of carrying on the activity.

3. Any violation of this chapter.

4. Conviction of any felony, gross misdemeanor, or a misdemeanor or of any local ordinance, which adversely reflects upon the person's ability to conduct the business for which the license is being sought in a professional, honest and legal manner. Such violations shall 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. Conducting the business in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.

6. Conducting the business in a disreputable manner. Evidence of a bad business reputation shall include, but is not limited to, the existence of more than three (3) complaints against an applicant with the Better Business Bureau, the office of the Minnesota attorney general or other state attorney general's office, or other similar business or consumer rights office or agency, within the preceding twelve (12) months, or three (3) complaints filed with the city against an applicant within the preceding five (5) years.


(B) Denial/Revocation: A registration shall be denied or revoked if any of the conduct listed in subsection (A) of this section shall occur.


(C) Notice: Prior to revoking or suspending any license issued under this chapter, the city shall provide a license holder with written notice of the alleged violations and inform the licensee of his or her right to a hearing on the alleged violation. Notice shall be delivered in person or by mail to the permanent residential address listed on the license application, or if no residential address is listed, to the business address provided on the license application.


(D) Public Hearing: Upon receiving the notice provided in subsection (C) of this section, the licensee shall have the right to request a public hearing. If no request for a hearing is received by the city clerk within ten (10) days following the service of the notice, the city may proceed with the suspension or revocation. For the purpose of a mailed notice, service shall be considered complete as of the date the notice is placed in the mail. If a public hearing is requested within the stated time frame, a hearing shall be scheduled within twenty (20) days from the date of the request for the public hearing. The city manager may designate the neutral hearing officer or board or may, with the consent of the licensee, hear the matter personally or by his or her designee. Within three (3) regular business days of the hearing, the city shall notify the licensee of its decision.


(E) Emergency: If, in the discretion of the city manager or city council, imminent harm to the health or safety of the public may occur because of the actions of a peddler or transient merchant licensed under this chapter, the city manager or council may immediately suspend the person's license and provide notice of the right to hold a subsequent public hearing as prescribed in subsection (C) of this section.


(F) Appeal: Any person whose license is suspended or revoked under this section shall have the right to appeal that decision to district court. (Ord. 1271, 7-17-2012)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=22126#s894540
3-20-13: TRANSIENT MERCHANTS PROHIBITED; EXCEPTIONS:linklink

Transient merchants are specifically prohibited within the city except in the following circumstances:


(A) Transient merchants operating in accordance with the zoning and other applicable codes, ordinances and policies.


(B) An individual transient merchant, not including a farmers' market, operating in other than a building is allowed if he/she secures a valid conditional use permit and otherwise complies with the provisions of this chapter and all other applicable codes and ordinances. (Ord. 1271, 7-17-2012)


(C) In lieu of a conditional use permit for a transient merchant, a transient merchant license may be allowed for one or multiple sites where solicitations are made to employees of a business if the following provisions are met:

1. The business is located in an industrial zoning district or an office building in a commercial zoning district. This exception does not apply to general retail or commercial locations.

2. The solicitation is to employees and visitors otherwise on the premises during the normal business operation and solicitations are not made to the general public.

3. The transient merchant is operating while the business is open and no truck, trailer, tent, or cart shall be on the site when not in operation or stored overnight.

4. No signage, other than on the truck, trailer, tent or cart is permitted.

5. No noise or other devices to attract the general public are permitted.

6. Fire lanes, emergency ingress and egress, sidewalks, and handicapped parking shall not be obstructed.

7. Permission and/or invitation from the owner of the business or property must be obtained and the registrant shall provide suitable contact information to allow the city to verify owner approval. (Ord. 1297, 4-16-2013)


(D) The sale of Christmas trees is permitted as a temporary use in any district between November 15 of any year and January 3 of the following year, subject to approval by the department of community development and compliance with the following conditions:

1. Storage and display of trees shall be set back not less than ten feet (10') from the edge of any right of way.

2. All temporary structures, utility poles, signs, trash, including any unsold trees, etc., shall be removed and the site completely restored to its original condition not later than January 3 of the following year.

3. No operation of a Christmas tree sales lot shall commence until permission has been granted by the fire department after an on site inspection has been made to ensure that all conditions of local and state codes are met.

4. Ingress and egress to the site shall be reviewed by the department of community development to ensure that no undue traffic safety hazard will be created.

5. Off street parking shall be provided.


(E) Persons selling products of the farm or garden occupied and cultivated by him/her, and farmers' markets as permitted under section 10-7-47 of this code. (Ord. 1271, 7-17-2012)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=22126#s894541
3-20-14: CIVIC AND RELIGIOUS AND CHARITABLE ORGANIZATION EXCEPTION:linklink

The provisions of this chapter shall not apply to noncommercial door to door advocates or civic events (such as legacy events as established by the city council or for vendors in parks with approved park permits), religious or nonprofit charitable organizations (such as Boy Scouts, Girl Scouts, animal humane society, or blood mobiles) except that they are subject to sections 3-20-8 and 3-20-9 of this chapter. Such organizations are also exempt from conditional use permit requirements as stated in this title or any other title of this code. (Ord. 1316, 4-8-2014)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=22126#s894542