HomeMy WebLinkAbout1026 Ord (Peddler Solicitor background check)ORDINANCE NO. 1026
AN ORDINANCE AMENDING CHAPTER 41,
OF THE STILLWATER CITY CODE, SECTION 41-4 ENTITLED
PEDDLERS AND SOLICITORS
The City Council of the City of Stillwater does ordain:
AMENDING. The Stillwater City Code, Section 41-4, entitled "Peddlers and Solicitors" is
deleted in its entirety and hereby replaced with the following:
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 teini "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 teini "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 teii,i 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 described 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, empty store front, motel or hotel
room 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 any one location for more than ten 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.
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. License Required. 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 or enter upon private or public property within 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; and no person may conduct business as a Transient Merchant without
first obtaining a license with the City.
Subd. 4. Form; contents. The license application must be completed on a form approved by the
City Clerk and must include the following information:
(1) Application
a) Name and description of applicant.
b) Permanent home address and full local address of the applicant.
c) A brief written description of the nature of the business, the goods to be sold,
and the applicant's method of operation.
d) If employed, the name and address of the employer, together with credentials
establishing the exact relationship.
e) The length of time which the applicant intends to do business in the City with
the approximate dates.
f) The place where goods or property proposed to be sold, or orders taken for the
sale thereof, are manufactured or produced, where such goods or products are
located at the time said application is filed, and the proposed method of
delivery.
g) A copy of a picture ID (state issued driver's license or ID card), no other form
of ID is acceptable.
h) A statement as to whether or not the applicant or the person managing the
business has been convicted of any crime, misdemeanor or violation of any
municipal ordinance, involving activities licensed under this Chapter, the
nature of the offense and the punishment or penalty assessed therefore.
i) If a vehicle is to be used, a description of the same, together with license
number or other means of identification.
j) A statement of the nature, character, and quality of the goods, wares, or
merchandise to be sold or offered for sale by the applicant, the invoice value
and quality of such goods, wares, and merchandise, whether the same are
proposed to be sold from stock in possession or by sample, at auction, by
direct sale, or by taking orders for future delivery.
k) A brief statement of the nature, character, and content of the advertising done
or proposed to be done in order to attract customers (samples may be
requested).
1) Credentials from the person, for which the applicant proposes to do business,
authorizing the applicant to act as such representative.
m) Transient merchants shall include the addresses of all places where the
business is to be located, along with written consent of the owners or
occupants.
(2) Personal History
a) Each applicant and representative(s) of the applicant who will be going door-
to-door must submit a Personal History application to be included with the
License Application.
b) Personal History will include a Data Practices Advisory for Protected
Information and Consent for Release of Information
c) Personal History must include a copy of a picture ID (State issued driver's
license or ID card). No other form of identification is acceptable.
(3) Background and Drivers License Check.
a) The City Police Department is authorized to run criminal background checks
using the CJDN terminal and perform driver's license checks on solicitors and
peddlers that are licensed with the City.
b) Fees. Fees for criminal background check and Drivers License Check of
applicant and each representative(s) of the applicant for licenses will be set
from time to time by City Council resolution.
Subd. 5. Procedure.
(1) An application shall be determined to be complete only if all required information
is provided and background check fee(s) are paid, as determined by the City
Clerk.
(2) Application review, Criminal History Background and Drivers License Check,
and possible issuance of license will be completed within three (3) business days.
(3) No license will be issued until information stated in this Section is completed.
If approved, a license card, initialed by the City Clerk, will be issued for each
individual associated with the application. The applicant and each representative
is required to show this license card and a picture ID to any City resident, law
enforcement officer or City of Stillwater employee upon request.
Subd. 6. License exemptions.
(1) No 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 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 license under the provisions thereof, including
schools, scouts or organized youth athletic leagues and their representatives.
(3) A solicitor or canvasser doing business by appointment.
(4) A solicitor or canvasser taking orders for the future door-to-door delivery of
newspapers.
(5) Salesmen selling foods to retail or wholesale stores or to professional or industrial
establishments.
(6) The conduct of "garage sales", "rummage sales" or "estate sales".
(7) No license shall be required for vendors as a preliminary step to the establishment
of a regular route service for the sale and delivery of such commodities or the
providing of such services to regular customers.
(8) Religious organizations that maintain a building within the City of Stillwater
conducting legitimate fundraising activities.
(9) Any candidate campaigning for political office or others campaigning on their
behalf.
Subd. 7. Ineligibility for solicitation within the City. The following shall be grounds for not
allowing licensing 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/representative within the past three years from the
date of 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 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 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 three years of any previous registration and/or
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 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 12 months, or
five such complaints filed against the applicant within the preceding three years.
Subd. 8. Suspension and revocation. Any license issued under this Section shall be suspended or
revoked at the discretion of the City Council, City Administrator or City Clerk 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 of the
licensed activity.
(3) Conviction of any offense for which granting of a 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 license issued for the purpose of authorizing
multiple persons to conduct business as peddlers or transient merchants on behalf of
the 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 license is suspended or revoked.
Subd. 9. Notice. Prior to revoking or suspending any 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
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 30 days from the date of the request. Within three regular business days of the
hearing, the City Council shall notify the licensee of its decision.
Subd. 11. Emergency. If in the discretion of the City Administrator or Police Chief, 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 Section, the City Administrator or Police Chiefshall immediately suspend
the person's license and provide notice of the right to hold a subsequent public hearing as prescribed in
Subdivision 9 of this Section.
Subd. 12. Appeals. Any person whose license is suspended or revoked under this Section shall
have the right to appeal that decision in court.
Subd. 13. Transferability. No license issued under this Section shall be transferred to any
person(s) other than the person(s) to whom the license was issued.
Subd. 14. License Period.. Licenses shall run from approval date through December 31 of the
current year.
Subd. 15. Prohibited activities. No peddler, solicitor, or transient merchant shall conduct
business in any of the 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 ten o'clock in the morning (10:00 a.m.), or after seven
o'clock at night (7:00 p.m.).
(5) Failing to provide proof of license, and photo identification (as stated in Subd. 4
(g), when requested by any resident, law enforcement agency, City staff or others;
or using the license 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 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
$700.00 or a jail sentence not to exceed 90 days, or both, plus the cost of prosecution. Each day a
violation exists shall constitute a separate violation for the purposes of this Section.
`-- 2. SAVING. In all other ways, the City Code will remain in full force and effect.
3. EFFECTIVE DATE. This ordinance will be in effect from and after its passage and publication
according to law.
Adopted by the Stillwater City Council this 1st day of February 2011.
arycki, Mayor
ATTEST:
44t7 ja A66 -
Diane F. Ward, City Clerk
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
COUNTY OF WASHINGTON
Julie Athey,
being duly sworn on oath, says: that she is,
and during all times herein states has been,
Clerk of Sun Newspapers
Publisher of the newspaper known as the
Stillwater Gazette, a newspaper of
general circulation within the City of
Stillwater and the County of Washington.
That the notice hereto attached was cut from
the columns of said newspaper and was
printed and published therein on the
following date(s):
3n' of February 2011
Newspaper Ref./Ad #1035323
Subscribed and sworn to before me this
3'd day of February 2011
Mark Berriman
Cs—
NOTARY P BLIC
Washington County, Minnesota
My commission expires January 31, 2016
ERRIMAN
NOTARY PUBLIC
NINNI$OTA
tIowooneen IxpInS,kn.81,2018
City of Stillwater
Stillwater Gazette • February 3, 2011
6
AN ORDINANCE AMENDING CHAPTER 41 ORDINANCCOODE,NCDE,
OF THE STILLWATER CITY SEC'I+11.4 ENTITLED PEDDLERS AND SOLICITORS
The City Council of the City of Stillwater does ordain:
i1. AMENDING. The Stillwater City Code, Section 41-4, entitled
Peddlers and Solicitors" is deleted in its entirety and hereby replaced
with the following:
Subd. 1. Definitions and interpretation. Except as may otherwise be
provided or clearly implied by context, all terms shag be given their com-
monly accepted definitions. The singular shall incl a the plural and the
plural shall include the singular. The masculine shalyinclude the feminine
and the neuter, and vice -versa, the term 'shall meat% 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, dis-
playing 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 pro-
vision if the actual purpose of the person's activity is to obtain or attempt
to obtain orders as described above. The term solicitor shall mean the
same as the term canvasser.
Transient merchant. The term 'transient merchant" shall mean a per-
son who temporarily sets up business out of a vehicle, trailer, boxcar, tent,
other portable shelter, empty store front, motel or hotel room for the pur-
pose of exposing or displaying for sale, selling or attempting to sell, and
delivering, goods, wares,products, merchandise, or other personal proper-
ty, and who does not remain or intend to remain in any one location for
more than ten 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.
Subd. 2. Exceptions to definitions. For the purpose of the require-
ments of this Section, the terms 'peddler," °solicitor" and 'transient mer-
chant" shall not apply to any person selling or attempting to sell at whole-
sale any goods, wares, products, merchandise, or other personal property,
to a retailer of the item(s) being sold by the wholeseler.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 customer$ on his or her estab-
lished regular delivery route. In addition, persons clonducting the type of
sales commonly known as garage sales, rumma - sales, estate sales, or
lemonade_ stands operated by children, as well* • ns,par t-
ing in an' organized multi -person bazaar or fled -} = 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. License Required. 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 or enter upon pri-
vate or public property within 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; and no per-
son may conduct business as a Transient Merchant without first obtaining
a license with the City.
shall not be exempt from the licensing requirements of this
Section.
(2) Charitable organizations, and representatives thereof, duly
reglstered under the laws of Minnesota, as set forth in
Minnesota Statutes, Sections 309.50-309.61 or those
specifically exempted from license under the provisions
thereof, including schools, scouts or organized youth ath-
letic leagues and their representatives.
(3) A solicitor or canvasser doing business by appointment.
(4) A solicitor or canvasser taking orders for the future door-to-
door delivery of newspapers.
(5) Salesmen selling foods to retail or wholesale stores or to
professional or industrial establishments.
(6) The conduct of "garage sales", "rummage sales" or "estate
sales".
(7)° No license shall be required for vendors as a preliminary
step to the establishment of a regular route service for the
sale and delivery of such commodities or the providing of
such services to regular customers.
(8) Religious organizations that maintain a building within the
City of Stillwater conducting legitimate fundraising activi-
ties.
(9) Any candidate campaigning for political office or others
campaigning on their behalf.
Subd. 7. Ineligibility for solicitation within the City. The following shall
be grounds for not allowing licensing 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 applica-
tion or the failure to sign the application.
(2) The conviction of the applicantrepresentative within the
past three years from the date of 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
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 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 three years of any previous
registration and/or 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 reputa-
tion. Evidence of a bad business reputation shall include,
but not be limited to, the existence of more than two com-
plaint(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 12
months, or five such complaints filed against the applicant
within the preceding three years.
Subd. 8. Suspension and revocation. Any license issued under this
Section shall be suspended or revoked at the discretion of the City Council,
City Administrator or City Cleric 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 of the licensed activity.
13) Conviction of any offense for which granting of a license
--,9Q1410 , hays leen , defiled under Subdivision 7 of this
Section.
(4) Violation of any provision of this Section.
The suspension or revocation of any license issued for the pur-
pose of authorizing multiple persons to conduct business as
peddlers or transient merchants on behalf of the applicant;
shall serve as a suspension or revocation of each such author-
ized person's authority to conduct business as a peddler or
transient merchant on behalf of the application whose license
is suspended or revoked.
Subd. 9. Notice. Prior to revoking or suspending any license issued
under this Section, the City shall provide the applicant with written notice
Subd. 4. Form; contents. The license application must be completed
on a form approved by the City Clerk and must include the following infor-
mation:
t (1) Application
a) Name and description of applicant.
b) Permanent home address and full local address of the appli-
cant.
c) A brief written description of the nature of the business, the
goods to be sold, and the applicant's method of operation.
d) If employed, the name and address of the employer, togeth-
er with credentials establishing the exact relationship.
e) The length of time which the applicant intends to do busi-
ness in the City with the approximate dates.
f) The place where goods or property proposed to be sold, or
orders :taken for the sale thereof, are manufactured or pro-
duced, where such goods or products are located at the time
said application is filed, and the proposed method of delivery.
g) A copy of a picture ID (state issued driver's license or ID
card), no other form of ID is acceptable.
h) A statement as to whether or not the applicant or the per-
son managing the business has been convicted of any crime,
misdemeanor or violation of any municipal ordinance, involving
activities licensed under this Chapter, the nature of the offense
and the punishment or penalty assessed therefore.
1) If a vehicle is to be used, a description of the same, togeth-
er with license number or other means of identification.
j) A statement of the nature, character, and quality of the
goods, wares, or merchandise to be sold or offered for sale by
the applicant, the invoice value and quality of such goods,
wares, and merchandise, whether the same are proposed to be
sold from stock in possession or by sample, at auction, by
direct sale, or by taking orders for future delivery.
k) A brief statement of the nature, character, and content of the
advertising done or proposed to be done in order to attract cus-
tomers (samples may be requested).
I) Credentials from the person, for which the applicant propos-
es to do business, authorizing the applicant to act as such rep-
resentative.
m) Transient merchants shall include the addresses of all
places where the business is to be located, along with written
consent of the owners or occupants.
(2) Personal History
a) Each applicant and representative(s) of the applicant who
will be going door-to-door must submit a Personal History
application to be included with the License Application.
b) Personal History will include a Data Practices Advisory for
Protected Information and Consent for Release of Information
c) Personal History must include a copy of a picture ID (State
issued driver's license or ID card). No other form of identifica-
tion is acceptable.
(3) Background and Drivers License Check.
a) The City Police Department is authorized to run criminal
background checks using the CJDN terminal and perform dri-
vers license checks on solicitors and peddlers that are
licensed with the City.
b) Fees. Fees for criminal background check and Drivers
Ucense Check of applicant and each representative(s) of the
applicant for licenses will be set from time to time by City
Council resolution.
Subd. 5. Procedure.
(1) An application shall be determined to be complete only '1
all required information is provided and background check
fee(s) are paid, as determined by the City Clerk.
(2) Application review, Criminal History Background and
Drivers License Check, and possible issuance of license will be
completed within three (3) business days.
(3) No license will be issued until information stated in this
Section is completed.
If approved, a license card, initialed by the City Clerk, will be
issued for each individual associated with the application. The
applicant and each representative is required to show this
license card and a picture ID to any City resident, law enforce-
ment officer or City of Stillwater employee upon request.
Subd. 6. License exemptions.
(1) No 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 exercise of Constitutional rights is merely
incidental to a commercial activity. Professional fundraisers
working on behalf of anotherwtse exempt person or group
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 regular busi-
ness 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 30 days from the date of the request. Within three regu-
lar business days of the hearing, the City Council shall notify the licensee
of its decision.
Subd. 11. Emergency. If in the discretion of the City Administrator or
Police Chief, 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 Section, the City Administrator or Police Chiefshall immediately sus-
pend the person's license and provide notice of the right to hold a subse-
quent public hearing as prescribed in Subdivision 9 of this Section.
Subd. 12. Appeals. Any person whose license is suspended or
revoked under this Section shall have the right to appeal that decision in
court.
Subd. 13. Transferability. No license issued under this Section shall be
transferred to any person(s) other than the person(s) to whom the license
was issued.
Subd. 14. License Period. Licenses shall run from approval date
through December 31 of the current year.
Subd. 15. Prohibited activities. No peddler, solicitor, or transient mer-
chant shall conduct business in any of the 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 gen-
eral public.
(4) Conducting business before ten o'clock in the morning
(10:00 a.m.), or after seven o'clock at night (7:00 p.m.):
(5) Failing to provide proof of license, and photo identification
(as stated in Subd. 4 (g), when requested by any resident,
law enforcement agency, City staff or others; or using the
license of another person.
(6) Making any false or misleading statements about the prod-
uct 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 license to that per-
son.
(7) Remaining on the property of another when requested to
leave, or to otherwise conduct business in a manner a rea-
sonable person would find obscene, threatening, intimidat-
ing, 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 pro-
vision of this Section shall be guilty of a misdemeanor and upon conviction
of any violation shall be subject to a fine not to exceed $700.00 or a jail
sentence not to exceed 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 Stillwater City Council this lst day of February 2011.
/s/ Ken Harycki
Ken Harycki, Mayor
ATTEST:
/s/ Diane F. Ward
Diane F. Ward, City Clerk
(Feb. 3, 2011) City of Stillwater, Ordinance No. 1026