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A. License Required; Separate Licenses: It shall be unlawful for any person to engage in the activity of peddling, soliciting, or transient selling without first having obtained a license in compliance with the provisions of this section. A separate license shall be secured for each individual person engaged as a peddler, solicitor or transient merchant.
B. Application For License: The application for the license provided for in this section shall be made to the City Clerk by filing the license fee and by completing an application form as provided by the City Clerk. In addition to such information as the City Clerk may require, the application shall include:
1. The name and date of birth of the applicant and the name of the business that the applicant is associated with.
2. The permanent home address and full local address of the applicant, and the permanent and local telephone numbers of the applicant.
3. A brief written description of the nature of the business, the goods to be sold, and the applicant’s method of operation.
4. If employed, the name and address of the applicant’s employer, together with credentials establishing the exact relationship.
5. The length of time during which the applicant intends to do business in the city, with the approximate dates.
6. The place where the 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 the application is filed, and the proposed method of delivery.
7. A government issued form of identification which includes a photograph of the applicant.
8. A statement as to whether or not the applicant has been convicted within the last five (5) years of any felony, gross misdemeanor or misdemeanor for violating any state, federal statute or any local ordinance, other than minor traffic offenses. The City shall conduct a background check including, but not limited to, a criminal history on all individuals listed on the permit to verify the statement.
9. If a vehicle is to be used, a description of the vehicle, together with the license number or other means of identification.
10. A general description of the items to be sold or services to be provided.
11. For transient merchants, the addresses of all places where the business is to be located, along with written permission of the property owner or the property owner’s agent for any location to be used by the transient merchant, along with a site plan of the premises upon which they will be conducting business.
12. Any and all additional information as may be deemed necessary by the City Council.
C. License Fee: The license fee for engaging in a transient business, peddling, or soliciting, established in section 3-1-3 of this code, shall be paid at the time of application for a license.
D. Restrictions On Issuance To Transient Merchants:
1. Off Street Parking Required: No license for a transient merchant shall be issued for sales from any location which does not have sufficient parking for customers and for areas where customer parking would interfere with normal traffic flow. The zoning administrator must determine that there is adequate off-street parking to serve both the principal use of the property and the transient merchant use of the property.
2. Location Near Intersection: No transient merchant license shall be issued, and no sales shall take place, if the proposed location for transient merchant sales is within one hundred fifty feet (150') of any intersection.
3. Duration Of Sales: No transient merchant license shall be issued for more than one hundred eighty (180) days, during which time period sales shall be limited to no more than thirty (30) days. At the time of the application for the transient merchant license, the applicant shall state the times within the license period to be used by the applicant.
E. Unlawful Use Of License: No license issued under the provisions of this section shall be used at any time by any person other than the one to whom it is issued. No permit issued under this section shall be transferred to any other person or entity.
F. Time of Issuance: A decision on the license will be made within the later of 1) ten business days from receipt of completed application, or 2) five business days after return of background check results unless grounds exist under this section for immediately denying the permit. In the case of a denial the City shall notify the applicant in writing that his/her application is denied, the reason for denial, and that the applicant has the right to appeal the denial as set forth below. Notice shall be delivered in person or by mail to the permanent residential address listed on the permit application, or if no residential address is listed, to the business address provided on the permit application.
G. Grounds for Denial: The following shall be grounds for denying a permit:
1. The applicant has failed to truthfully provide any of the information requested by the City as part of the application or failed to pay the permit fee.
2. Conviction of any crime or crimes directly related to carrying on business as a peddler, solicitor or transient merchant as provided in Minn. Stat. § 364.03, Subd. 2, as it may be amended from time to time, where the applicant has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties and responsibilities as provided in Minn. Stat. § 364.03, Subd. 3, as it may be amended from time to time. Crimes that are considered to be directly related to the business of peddlers, solicitors and transient merchants include but are not limited to crimes involving assault, criminal sexual conduct, burglary, robbery, fraud, theft murder, manslaughter, rape, child abuse, incest, kidnapping, arson, blackmail, embezzlement, extortion, forgery or larceny.
3. The revocation of any permit issued to the applicant for the purpose of conducting business as a peddler, solicitor or transient merchant within the past five years.
4. The applicant is determined to have a bad business reputation. Evidence of a bad business reputation shall include, but is not limited to, the existence of substantiated complaints against the applicant with the Better Business Bureau, the Attorney General’s office, or other similar business or consumer rights office or agency, within the preceding 12 months; a rating of C or less with the Better Business Bureau or other similar business or consumer rights office or agency; or the existence of substantiated complaints against the applicant with the City or with any other jurisdiction where the applicant performed permit activities within the preceding 3 years.
5. Failure to follow all Federal, State and Local laws, rules and regulations related to permit activities.
6. If the permit activities are to be performed on another person’s behalf, the person on whose behalf the permit activities are to be performed would be disqualified under any of the above.
H. Appeal of Denial of License: Any person to whom the City refuses to issue a license may appeal such decision to the City Council by requesting, in writing, to have the decision reviewed by the City Council at the next regularly scheduled City Council meeting. Any person whose license is denied by the City Council under this section shall have the right to appeal that decision in court.
(Ord. 2004-14; amd. Ord. 2021-05, 3-15-2021)