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For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
PEDDLER. 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 personal property that the person is carrying or otherwise transporting. The term PEDDLER shall mean the same as the term HAWKER.
PERSON. 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.
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.
SOLICITOR. 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. 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 any one location within city limits.
(Ord. passed 1-8-2019; Ord. passed 4-13-2021)
(A) No peddler, solicitor, or transient merchant shall sell or offer for sale any goods, wares, services, or merchandise within the city unless a permit therefor shall first be secured as provided in this chapter.
(B) (1) Application for such permit shall be made to the City Clerk/Treasurer on a form supplied by the city. The application shall state and include:
(a) The name, address, date of birth, and copy of driver’s license or photo ID of all persons associated with the application in business;
(b) The type of business for which the permit is desired;
(c) Copy of appropriate county license as required by M.S. Chapter 329, as it may be amended from time to time;
(d) A certificate of insurance with the city listed as additional insured;
(e) In case of transient merchants, the place where the business is to be carried on and if the business will be conducted on private property, an approval letter from property owner along with a certificate of insurance with the city listed as an additional insured from the property owner;
(f) A general description of the thing or things to be sold;
(g) Whether the applicant complies with requirements of this chapter; and
(h) Such other information as the city may reasonably request.
(2) Every application shall bear the written report and recommendation of the Chief of Police after a driver’s license check. If issuance of the permit would not violate any city ordinance or state law and the Chief of Police recommends issuance of the permit, it will go to the City Council for final approval at their first regularly scheduled City Council meeting of the month. Applications must be received at least one week prior to the first regularly scheduled City Council meeting of the month. Once the permit has been approved by the City Council, the permit shall be issued by the City Clerk/Treasurer upon payment of the required fee.
(3) Fees for permits shall be set by ordinance by the City Council.
(4) Permits will be good for 30 days starting the first day of the following month after the City Council has approved the permit. No permit may extend beyond December 31 of the year in which it was granted.
(5) All permits shall be nontransferable. No refunds shall be made on unused portions of permits. Each peddler, solicitor, or transient merchant shall secure a separate permit.
(6) All permits shall be carried by the permittee or conspicuously posted in the permittee’s place of business and the permit shall be exhibited to any officer or citizen upon request.
(7) Permits will not be allowed on any property along Lake Avenue, public or private. The only public property where transient merchants will be allowed is Lions Park. No utilities will be provided at Lions Park.
(8) Transient merchants located in Lions Park must provide a $5,000 bond for the duration of their approved permit.
(C) Permittees must remove their garbage and dispose of it properly.
(D) No more than two permits will be active at one time.
(E) Permits will only be granted after review and approval of the City Council.
(Ord. passed 1-8-2019; Ord. passed 4-13-2021) Penalty, see § 111.99
No peddler, solicitor, or transient merchant shall conduct business in any of the following manners:
(A) 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, use of a speaker system, or by any other noise, so as to be unreasonably audible within an enclosed structure;
(B) Obstructing the free flow of either vehicular or pedestrian traffic on any street, alley, sidewalk, or other public right-of-way;
(C) Conducting business in a way as to create a threat to the health, safety, and welfare of any individual or the general public;
(D) Business will not be allowed in city parks unless the merchant has received special permission from the City Council;
(E) Conducting business before 7:00 a.m. or after 9:00 p.m., unless they have received a special event permit that designates additional hours;
(F) Failing to provide proof of license or registration, and identification, when requested; or using the license or registration of another person;
(G) 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 solely based on the city having issued a license or certificate of registration to that person;
(H) 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;
(I) Failure to provide proof of liability insurance when requested; and/or
(J) No peddler, solicitor, or transient merchant shall place any signs or advertising material in any public right-of-way. Any signs or advertising material may only be placed on private property with the owner’s permission and will only be allowed for the duration of the permit.
(Ord. passed 1-8-2019; Ord. passed 4-13-2021) Penalty, see § 111.99
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