HomeMy WebLinkAbout0954 Ord (Peddlers and Solicitors)
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ORDINANCE NO. 954
AN ORDINANCE AMENDING CHAPTER 41, LICENSES, PERMITS AND PROHIBITIONS*,
SECTION 41-4 ENTITLED PEDDLERS AND SOLICITORS OF THE CITY CODE OF THE
CITY OF STILLWATER
THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN:
1. AMENDING: The current section of the City Code, Chapter 41, Section 41-4, entitled Peddlers
and Solicitors, is hereby deleted in its entirety and replaced with the following that reads:
Sec. 41-4, Peddlers and solicitors,
Subd. 1. Definitions and Interpretation, Except as may otherwise be provided or clearly implied by
context, all terms shall be given their commonly accepted definitions. The singular shall include
the plural and the plural shall include the singular. The masculine shall include the feminine and the
neuter, and vice-versa the term "shall" means mandatory and the term "may" is permissive. The
following terms shall have the definitions given to them:
Person, The term "person" shall mean any natural individual, group, organization, corporation,
partnership, or association. As applied to groups, organizations, corporations, partnerships, and
associations, the term shall include each member, officer, partner, associate, agent, or employee.
Peddler. The term "peddler" shall mean a person who goes from house-to-house, door to door,
business-to-business, street-to-street, or any other type of place-to-place, for the purpose of
offering for sale, displaying or exposing for sale, selling or attempting to sell, and delivering
immediately upon sale, the goods, wares, products, merchandise, or other personnel property, that
the person is carrying or otherwise transporting. The term peddler shall mean the same as the
term hawker. The term shall also apply to any person offering for sale any service that the person
can immediately provide.
Solicitor. The term "solicitor" shall mean a person who goes from house-to-house, door-to-door,
business-to-business, street-to-street, or any other type of place-to-place, for the purpose of
obtaining or attempting to obtain orders for goods, wares, products, merchandise, other personal
property, or services, of which he or she may be carrying or transporting samples, or that may be
described in a catalog or by other means, and for which delivery or performance shall occur at a
later time. The absence of samples or catalogs shall not remove a person from the scope of this
provision if the actual purpose of the person's activity is to obtain or attempt to obtain orders as
discussed above. The term solicitor shall mean the same as the term canvasser.
Transient Merchant, The term "transient merchant" shall mean a person who temporarily
sets up business out of a vehicle, trailer, boxcar, tent, other portable shelter, or empty store front
for the purpose of exposing or displaying for sale, selling or attempting to sell, and delivering,
goods, wares, products, merchandise, or other personal property, and who does not remain or
intend to remain in anyone location for more than ten (10) consecutive days.
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 counted as regular
business days.
Page 1 of5
Subd.2. Exceptions to Definitions. For the purpose of the requirements of this Section, the
terms "peddler," "solicitor," and "transient merchant" shall not apply to any person selling or
attempting to sell at wholesale any goods, wares, products, merchandise, or other personal property,
to a retailer of the item(s) being sold by the wholesaler. The terms also shall not apply to any
person who makes initial contacts with other people for the purpose of establishing or trying to
establish a regular customer delivery route for the delivery of perishable food and dairy products
such as baked goods and milk, nor shall they apply to any person making deliveries of perishable
food and dairy products to the customers on his or her established regular delivery route. In
addition, persons conducting the type of sales commonly known as garage sales, rummage sales,
estate sales, or lemonade stands operated by children, as well as those persons participating in an
organized multi-person bazaar or flea market, shall be exempt from the definitions of peddlers,
solicitors, and transient merchants, as shall be anyone conducting an auction as a properly licensed
auctioneer, or any officer of the court conducting a court ordered sale.
Subd.3. RegistrationlLicense. No solicitor, peddler, hauler or transient vendor of merchandise,
without having been requested or invited to do so by the owner or occupant, shall enter a private
residence of the city for the purpose of soliciting orders for the sale of goods, wares and merchandise, or
for the purpose of disposing of or peddling or hauling such goods, wares and merchandise, without first
registering/licensing with the city. The city police department is authorized to use the CJDN terminal to
run background checks on solicitors and peddlers that register with the city.
Subd. 4. Form; contents, The registration must be completed on a form approved by the city
clerk and must include the following information:
(1) Name, Address, Telephone Number of Employer/Applicant and any and all business
related telephone numbers of the Employer/Applicant (credentials required)
(2) Full Name (including full middle name) of individuals soliciting within the City
including: Address, Telephone number (cellular, if applicable) Date of Birth, Make,
Model, color, license number and state license issued of any vehicle used, if any.
(3) A copy of a picture ill (State Issued Driver's License or ill Card) must be attached to the
application for each applicant and individual soliciting within the City of Stillwater
(4) Location within the City for solicitation (business, residential or City Park). Park Board
permission required for any City Parks.
(5) General description of items being sold.
Subd. 5. Procedure. An application shall be determined to be complete only if all required
information is provided. If complete, a registration/license card, initialed by the City Clerk, will be
issued for each individual associated with the application. Each individual is required to show this
registration/license card and a picture ID to any resident, law enforcement officer or City of
Stillwater employee upon request.
Subd. 6,
Registration/License Exemptions.
(1) No registration/license shall be required of any person going from house-to-house, door-to-
door, business-to-business, street-to-street, or other type of place-to-place when such activity
is for the purpose of exercising that person's State or Federal Constitutional rights (i.e.,
freedom of speech, press, religion etc.) except that this exemption may be lost if the person's
Page 2 of5
exercise of Constitutional rights is merely incidental to a commercial activity. Professional
fundraisers working on behalf of an otherwise exempt person or group shall not be exempt from
the licensing requirements of this Section.
(2) Charitable organizations, and representatives thereof, duly registered under the laws of
Minnesota as set forth in Minnesota Statutes, Sections 309.50-309.61 or those specifically
exempted from registration under the provisions thereof, including schools, scouts or organized
youth athletic leagues and their representatives.
Subd.7, Ineligibility for Solicitation within the City, The following shall be grounds for not
allowing registration under this Section:
(1) The failure of the applicant to truthfully provide any of the information requested by the City as
a part of the application or the failure to sign the application.
(2) The conviction of the applicant within the past five years from the date of
registration/license, for any violation of any Federal or State statute or regulation, or of any
local Code provision or ordinance, which adversely reflects on the person's ability to conduct the
business for which the registration 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 shall
include but not be limited to: burglary, theft, larceny, swindling, fraud, unlawful business
practices, and any form of actual or threatened physical harm against another person.
(3) The revocation within the past five years of any registration/license issued to the applicant for
the purpose of conducting business as a peddler, solicitor, or transient merchant.
(4) The applicant is determined to have a bad business reputation. Evidence of a bad business
reputation shall include, but not be limited to, the existence of more than two (2)
complaint( s) against the applicant with the Better Business Bureau, the Attorney General's
Office, or other similar business or consumer rights office or agency, or the Stillwater Police
Department within the preceding twelve (12) months, or five (5) such complaints filed against
the applicant within the preceding five (5) years.
Subd. 8. Suspension and Revocation, Any registration issued under this section may be
suspended or revoked at the discretion of the City Council for violation of any of the following:
(1) Fraud, misrepresentation, or incorrect statements on the application form.
(2) Fraud, misrepresentation, or false statements made during the course ofthe registered/licensed
activity.
(3) Conviction of any offense for which granting of a registration/license could have been
denied under Subdivision 7 of this Section.
(4) Violation of any provision of this Section.
The suspension or revocation of any registration/license issued for the purpose of authorizing
multiple persons to conduct business as peddlers or transient merchants on behalf of the
Page 3 of5
applicant, shall serve as a suspension or revocation of each such authorized person's authority to
conduct business as a peddler or transient merchant on behalf of the application whose registration is
suspended or revoked.
Subd,9, Notice, Prior to revoking or suspending any registration/license issued under this
Section, the city shall provide the applicant with written notice of the alleged violation(s) 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.
Subd, 10. Public Hearing. Upon receiving the notice provided in Subdivision 1, the licensee shall
have the right to request a public hearing. If the City Clerk receives no request for a hearing within
ten (10) regular business days following the service of the notice, the city may proceed with the
suspension or revocation. For the purpose of mailed notices, 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 thirty (30) days from the date of the request. Within three
(3) regular business days ofthe hearing, the city council shall notify the licensee of its decision.
Subd. 11. Emergency. If in the discretion of the city council, imminent harm to the health or safety of
the public may occur because of the actions of a peddler or transient merchant registeredllicensed under this
Section, the council may immediately suspend the person's registration/license and provide notice of the right
to hold a subsequent public hearing as prescribed in Subdivision 10 of this section.
Subd. 12, Appeals. Any person whose registration/license is suspended or revoked under this
section shall have the right to appeal that decision in court.
Subd. 13, Transferability, No registration/license issued under this Section shall be transferred
to any person(s) other than the person(s) to whom the registration/license was issued.
S ubd, 14. Duration of Registration/License. The registration/license described in this section shall
be valid for 60 days from the date of issue.
Subd. 15, Prohibited Activities. No peddler, solicitor, or transient merchant shall conduct
business in any ofthe following manners:
(1) Calling attention to his or her business or items to be sold by means of blowing any horn
or whistle, ringing any bell, crying out, or by any other noise, so as to be unreasonably
audible within an enclosed structure.
(2) Obstructing the free flow of either vehicular or pedestrian traffic on any street, alley, sidewalk,
or other public right-of-way.
(3) Conducting business in such a way as to create a threat to the health, safety, and welfare of any
individual or the general public.
(4) Conducting business before eight o'clock in the morning (8:00 a.m.), or after eight o'clock at
night (8:00 p.m.).
Page 4 of5
~, ' '"
(S) Failing to provide proof of registration, and photo identification, when requested by resident,
law enforcement agency, city staff or others; or using the registration of another person.
(6) Making any false or misleading statements about the product or service being sold,
including untrue statements of endorsement. No peddler, solicitor, or transient merchant shall
claim to have the endorsement of the City of Stillwater solely based on the City having
issued a registration card/license to that person.
(7) Remaining on the property of another when requested to leave, or to otherwise conduct business
in a manner a reasonable person would find obscene, threatening, intimidating, or abusive.
(8) No peddler is permitted to operate at any location within the public parks of the city except by
permit given by the Parks Board.
Subd.16. Right to deny, The city council reserves the right to deny permission to any peddler if
the number of peddlers in any park or location will cause congestion, impede, or inconvenience the
public.
Subd. 17, Violations and Penalties, Any person who violates any provision of this Section shall be
guilty of a misdemeanor and upon conviction of any violation shall be subject to a fine not to
exceed seven hundred dollars ($700) or a jail sentence not to exceed ninety (90) days, or both,
plus the cost of prosecution. Each day a violation exists shall constitute a separate violation for the
purposes of this section.
2. SAVING. In all other ways, the City Code will remain in full force and effect.
3. EFFECTIVE DATE. This ordinance will be in effect from and after its passage and publication
according to law.
Adopted by the City Council ofthe City of Stillwater this Sth day of Ap '1, 200S
Alt~ g W???d
Diane F. Ward, City Clerk
Page S ofS
--
AFFIDAVIT OF PUBLICATION
Stillwater Gazette
4/12/05
1931 CUlVe Crest Blvd.
Stillwater, MN 55082
(651) 439-3130 Fax: (651) 439-4713
State of Minnesota}
ss.
COWlty of Washington}
The Wldersigned, being duly sworn, on oath, says that slhe is the Publisher or authorized agent and
employee of the Publisher known as the Stillwater Gazette, and has full knowledge of the facts which
are stated. (A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minnesota State Statute 331A02, 33lA07 and other applicable
laws as amended. Printed below is a copy of the lowercase Alphabet, from A to Z, both inclusive, which
is hereby acknowledged as being the size and kind type used in composition and publication of the of
notice. abcdefghijkImnopqrstuvwxyz
~ ~~-}~~
Publisher! Authorized Agent ~
JOHN LUTHER LUND
Notary Public
Minnesota
My Commission Expires January 31, 2010
Subscribed and sworn to or affirmed to me
on this / d- ~daY of A-- p (',' (
N_~~
,2005.
City of Stillwater
2164th St N.
Stillwater, MN 55082
Invoice #: 00004368
Terms: Net 30
Inches
58 Stillwater
Description
Ordinance #954, Published
4/11/05
Price
$4.05
Total
$234.90
$234.90
Sub Total
Payment
$234.90
$0.00
Maximum rate per column inch under
Mirmesota Law: $16.90 per 12-pica column
Balance Due
$234.90
StillWater Gazette, AptIl11, 2005
, ORDINANce,NO. '954
AN ORDINANce AMENDING CMAP'I1!R '1~ LICENSES, PERMITS ANOPROHI8t-
TlONS', SECTION 41... ENTITLEOPEDDLERS AND SOLICITORS OF THE CITY
' 'CODe OF. THE CI'tVOF STILLWATER
THE CITY COUNCIl. OF THE CITY OJ: STILLWATER DOES ORDAIN:
1. AMENDING' TI'Ie currentsectionof the City Code, Chapter 41, Section 41-
4, entitled Peddlers and Solicitors, is hereby deleted in Its entirety and replaced with the
following that reads:
Sec. 41.... Peddlers and solicitOrS.
, '
sUbcl.1., DefInitions and 1~1on.' Except as may otherWise be, provided or
clearly Implied by CQntext, all terma~ be ~.n their commonly accepted definitions.
The singular shall include the plural ,and \hj&'pJilI'al shall include the singular. The mas-
culine shalllnclude the feminine _lI1lii J1eUter. alld Yice-Versa the term "shall" means
mandatory and the telTfl 'mat.. ",rrni$SlVe. The following terms shall have the deflni-
- . tlons given to them: \,'
Person. The term "person' shall mean any natura/individual, group, organization, cor..
p(lration. partnership, or a~soclatlonlAs applied to groups, o~nizatlo~, corporations,
partnerships, and associations, the. term shalf include each member. officer, partner,
associate, agent, or employee. ,
- Peddler. The term "pepdler"shallmean a person who goes from tiouse-to-house, door
to door, business-to-busineSs, street-to-street, or any other type of tJlace.to-plaoe, for
the purp(lse of offering for sale, .displaying or exposing for sale, selling or allemptlngto
sell, and delivering immediately upon sale, the goods, wares, products, merchandise, or ,
other personnel property, that the person is carrying or otherwise transporting. The term
,tJfil;/dIer llhallll'leal'l"h9~arne as thet8flll 'haWker.' The term shall. aJl!OER31f to any per-
soltoffering for'sale anyservloe that1he person can immediately Pl'O.Vlde.
,. I~ S,bl\ .~:, ~ '~~.~:~ ~;.,_,~.iu:~ '-'-;.,'i'\ :; ~', ,~, ;J p, !
SOlicitor. The term "SOllcitor' shalf' mean It person who goes from house-to-house,
door~to-door, buslness-to-business, straeHo,street, or any other type of place-to-p1a98,
for the purpose of obtaining or atternpting to obtain orders for goods, wares, products,
mert:haOdise, other personal property, or services, of which he or she may be canylng
or transPOrting samples, or that may be descrlb8a in a, catalog or by ,other means, al'ld
for which delivery or performance shall occur at a later time. The absenceolsamptas or
catalogs shall not remove 'a person from the scope of this provision lftheactual ~e
of the person's activity is to obtain or attempt to obtain orders as discussed above. The
term solicitor shall mean the sarnelaS the term canvasser.
-
Transient Merchant The term }'transient merchant' shalf'rnean a person who tem.,
r p(lrarlly setsupbusinesa out of a vehicle, trailer, boxcar, tent, other portable shelter, df
empty store front for the purpose illlfexposing, or displaying for sale: se1ltng or allampt-
Ing to sell, and delivering, goods, wares, prodUCts, merchandise, or other personal prop-
erty, and who does not remain or intelldto remain in any one 19cation for more than fen
{1()) consecutive days.
Regular BuslneM Day. Any day during which the City Hall Is normally open for the pur-
Pose of COnducting public business. Holidays defined by State law shall not be counted,
as regular business clays.
Subd. 2.exce~lons to Definitions. For the purpOse of the requirements of this
SectIon, the terms 'peddler,' 'solicitor, ~ al'ld "transient, marchant. shall not ,apply to' any
person selling or attempting to sell at wholesale any go(lds, wares, products, ~hai1-
dlse, or other personal property, to a retailer of the itern(s) ~ng &(lid by the wholesaler.
TI'Ieterrns also shall not apply to any person who makes inltIaI ccmtacts with other peo-
ple for the purpose of establishing or trying to establlsh,a regular Clfstornef delivery roUte
for the delivery of perishable food and daily products such as baked goods and milk, nor
shaH they apply to any person making deliveries of perishable fOOClal'ld c1airy products
!O, the custorne,rs oQ,,1l.is Or ,her ~hed ~Iar delivery ~. In adclIUon' p$I.JOn$
, conducting the type 01 salas comlnonly known as garage safes,rumrnage sate'si Rtate
sales, or lemonade stands Clperated by children, es Well as thOSll persons participatIng
in an organized multi.personbazaar or flea market,' shall be exempt from the deflnltlons
of pedc!lers, solicitors, al1d transient merchants, as shall be anyone conductlngan lJl.lC-
lion as a properly licensed aUctioneer, or any offlc$r of the co.urt COftdUctlng.8 ~urt
ordered sele.' ' , .
Subel. 3., ~cense. No solicitor, peddler, hauler or transient vendor ,of
merchandISe, wlthouthavlng been requested or Invited to do So by the owner or occu-
pant, shall enter a private resk:l9nce of the city for the purpose oI,SOIicitlngorclers for the
sale of ,goodS; wares and merchandise. of for the ptIrpOSe of disposing of or peddling or
hauling such goods, wares and merchandise, without first registeringlllcensing With the
city; The city potloe department is authorized to use t/le CJDN terminal to run back.
ground checks on solicitors and peddlers that register with the City.
Subel. 4. Form; ~ts. The registration must be completed on a fottn appr(lved
by the city clerk and must Include ,the foUowlng information:
.
(1) Name, Address, Telephone Number of Employer/Applicant and any and all business
related telephone numbers of the Employer/Applicant (credentials required)
(2) Full Name (including full middle name) of Individuals sollcltlng Within the City inclUd-
ing: Ad<lresS, Telephone number (cellular, if applicable) Date OfBlIttl, Make, Model,
color. license nllmber al1d state Iloense issued of any vehicle used, If any.
(S) A copy 01 a picture ID (State 188~ Driver's License or 10 Card)inust be attacrled
ts the applICation for each applicant ,and Individual soliciting wlthIn the City of StIliMllel:.
(4) Location Withil\the City for sollcltatlon (busiriess, residential or City park). Pa1k
Board perrnissloll required for ~ny City Parks.
(5) General (/e$cilptiQn of items being SOld.
tion/lIcense, fot.any vlolation,of any Federal or ,State stetute o/r~, orof'8llyloca
Code provision or ordinance, which adversely )'elleels on the person'~ ability to cood
thebusiness5f which the registraf,lQnis being $OllShtin an
i that WIl' nOf' , "affeCt ttie heaIttl.safety, and welfare of
Sucll1Jolatloshall inclUde but t)qt be '/Jmite<l to: burglary, '~,
' fraud, unlawful business practices, al'ld anyforrn of aelual or threatened
against anot~r person. '
(3) Tn. revoJlltion within the past, five years of any registktionllloense Issue.<! to ihe
applicant lOrrepurpose ofcOl1dUcting busi~s as a Peddler, solicitor, or tran$1ent mer.
chant. ' " ,
(4) The applicant is detarrnined fohave a bad business reputation. Evidellce of a bad
business reputation shall include, b,ut not be limited tq, the existence of more than two
(2) CQrnPJ8~$)ageJilst tileapplicaJ'lt With ,the Beltlar' Bllsiness Bu....,l!l~ ~
GeneraVs OtlIce, or qlher similar business ,or conSumer, righ'ts office or' agent5'i 'Qr the
StillwatarPolic$ Department withintbe preceding twellle (12) months; or five (5) such
cornpialnts,liled against the applicant WittlinUle preceding "~ (5) ,years, '
Subcl; 8. SUs~en.l~n and Revocation. Any registration ~~f'!der ~section
may besu~ or revoked at the discretion of the Oity Council forviolaijon of 8Il)I 01
the fonowing: .
(1) Fraud; misrepresentation, or incorrect statements on the application form.
(2) Fraud, misrepresentation, or false sta~ments made during the C<lUrSe of ther8gis-
teredllic8nsed activity." , , " '
(3)Conl/lction of any offense forW~ich granting of a registrationlllcense COUld have b&Ein
deni~~,Sllbdivl$k)n 7 of !l!ls Sec!\<!n._, ' ' ,
"(4). VI~\lpIlof ,~Pl'Q~lon t>"i.M$SllCtJ&!!f:~~LI' ~,,),)
... . ", i,~ _ 1 'c 'i"
The suspension or revocation of, any registratioolllcense issual'.f for the purpose of
authoritlng multiple persons to conduct business as peddlers or transkintmerchantson '
behalf of the applicant, shall serve as a suspanslon orravocalion 01 each such author.
iZed person's authority to ,conduct business as a peddler or transient merchallt onbehlilf
of the application whose registration is suspended or reVOked. '
Subel. 9. ,Notice. Prior to revoking or suspending any registralionlllcense isSued
under this Section, ,the'city .e/lali provide theappllcatit with wAtten notllle of the ailegecl
viQlatlon(s) and inform thSf l/oElnsee of his or her right tOa hearing on the alleged ViOla.
tion. Notice shall b,e delivered in pe, rson or b, y malltotJ'le" perma."nt residentiai,~eS$
tisled on the license application, or if no msidentiei addt;e$S. i.llsted, to the ,bus1ri&s8
ackiress provided on the license application.
SiJbd,.10. Public Heari\'lg. Upon receiving the, noticeprovldedin Subdivision', the
licensee shall have the right to request a public hearing. If the City Clerk receives no
'request for, a heilring wltl'linfen (10) regular business days fOllowing the service of the,
notice, the city may proeeeci with the suspension or revocation. For the purpose of
mailed notloes, service shall ,be conSidered complete as of the date the notloe Is placed
In the mail. If a public hearing is request~ within the stated time frame, a hearing.~hall
be scheduled Within thirty (30) clays from the date of the request. Within three (3) regu_
lar business clays of the hearing,the city council shall notify the licensee of its decision.
Subd. 11. Emergency: if in the dIscretion of the city council, Imminent harm to the
health or safety of the public may occur because of the actions of a peddler or transient
merchantregisteredlllcensed uhder this Section, the council may ImmeQiately SI/SPel'ld
the person's reglstratloMicanse and provIde notice of the right to .hold a subsequent
public hearing as prascl'ibed In Sl,Il:ldivislon 10 of this sectlQn.
Any person whpse registration/license is suspended or revoked
. have the rIght to appeal tllat decision in court. '
Sube!. 13. Transfe ,ty. No registration/license issued uflder tIlis, Section Shall be
transferred to any p r$on(s) other than the person(s) to whom the leQlstratlon1license \
was issued.
Of R~.tratloMJc4in... The registrationllicense clescritleCt In
valid for 60 clays from tOe date of issue.
AcflvItles. No peddler,SOIicltor, or transient m~ sllall con.
Qf.tile follOwing mai:lners:
Ill> his or her business or Items .to be sold by means of b1Qwlng any
'ng any bell, crying out, or by any other noise, so as to be unrea- .
iO anencJoeed f!tructure.
tree flow of either vehicular or pedestrian traffic on any stIllet, alley,
Ublic right-of-way. ,',
in such a way as to create a threat to the health, safety; and
lOual or the generatpl.ibllc.
, (&) Falling to P
resident, law
er person.
\
proof 01 registration, 'and~,~tk3'l"When'~'!,)y
em agency, city staff oi'others; or u$ing the rElgistratJOOl)f,ai1ofh.,
u::n' ;l~_,.,_,_ ___,