(a)
restrictions.
(1) Zoning compliance. No
shall display or offer for sale any merchandise at locations prohibited under Chapter 14, 19 or 21 of this code. Subject to code requirements,
sales are allowed in the following locations:
(A) As permitted accessory uses in parks in the R-1 and SC Districts when incidental and clearly subordinate to a special event;
(B) As permitted accessory uses when interior to hotels or motels in all zoning districts that allow hotels or motels;
(C) As permitted accessory uses when interior to buildings in the SC District; and
(D) As permitted accessory uses in the CX-2 District to permitted principal uses.
(2) Traffic hazards. No
shall display or offer for sale any merchandise at locations within 150 feet of any intersection.
(3) Setbacks. No
shall display or offer for sale any merchandise within or upon any public right-of-way or front or side yard setback when the side yard abuts a street.
(4) Parking. The space used by the
, including the space used for off-street parking, shall not exceed the space needed for the existing business at the site. Adequate off-street parking shall be available to serve both the principal use of the property and the
use of the property.
(5) Limitation on number of days. A
license shall be necessary for each event, and an event shall be limited to a maximum of three continuous days.
(6) Limitation on number of licenses. No person shall be granted more than four
licenses in one calendar year at the same location.
(7) Signage. No signage shall violate city code provisions relating to size, location and number of business signs.
(8) State/county license.
shall conspicuously post on the business premises the license issued under this Division E and the license issued under M.S. § 329.10, as it may be amended from time to time.
(9) Transfer of license prohibited. A license issued under this Division E to the applicant shall not be assigned or transferred to any person.
(10) Panhandling prohibited. No
shall solicit contributions of money or property other than in exchange for merchandise except on behalf of a nonprofit, religious, political or charitable organization as defined in this Division E.
(b)
or
restrictions.
(1) License card required. No person shall conduct peddling within the city unless the person is carrying a valid city license card identifying the person.
(2) Transfer of license prohibited. No person shall transfer his or her license card to another individual.
(3) Effect of license card. No person shall use a license card issued to someone other than that individual.
(4) Use of license card by another. The license card shall be displayed only while conducting peddling within the city and shall be used for no other purpose and in no other location.
(5) No trespassing. No
or
shall go onto private property for the purpose of peddling when there are signs prominently posted indicating that trespassing is prohibited or when there are placards prohibiting solicitors in compliance with this chapter.
(6) Traffic hazards. No
or
shall be on a street, highway or adjacent boulevard and solicit the occupants of any motor vehicle in transit.
(7) Health and safety hazards. No
or
shall peddle in a manner that creates a health or safety hazard.
(8) Consumer protection. No
or
shall make untrue statements to the people contacted regarding the goods and services offered.
(9) License not an endorsement. A licensed
or
shall not make statements to individuals he or she contacts indicating or implying that the city license card constitutes an endorsement of their activities or products by the city.
(10) Hours of operation. No
or
shall peddle between the hours of 9:00 p.m. and 9:00 a.m.
(11) Child labor laws. A licensed
or
and his or her affiliated firm shall obey all state and federal child labor laws and regulations.
(12) Setbacks. No
or
shall display or offer for sale any merchandise at locations within 150 feet of any intersection or within or upon any public right-of-way or front or side yard setback when the side yard abuts a street.
(13) License expiration. The
or
license shall be valid only for six months.
(14) Card required. Licensed
and
shall at all times carry the photo license issued under this Division E.
(15) State law compliance. A
or
shall comply with the applicable provisions of state and federal law.
(16) Aggressive sales techniques. No
or
shall enter any individual residential dwelling unit without the express permission of its owner or occupant. All
and
must refrain from aggressive sales tactics and must immediately cease hawking or peddling and depart the private property of another upon demand of the owner, occupant or any agent thereof and not return to the premises for a period of 30 days unless expressly invited back by the owner or occupant. A
or
must conduct the regulated activity in a reasonably courteous manner at all times, and must not engage in offensive, obscene or abusive language.
(17) Panhandling. No
or
shall solicit contributions of money or property other than in exchange for merchandise or personal services or on behalf of a nonprofit, religious, political or charitable organization.
(18) Buyer’s right to cancel. All licensees must honor the buyer’s right to cancel a home solicitation sale or lease until midnight of the third business day after the day on which the home solicitation sale or lease occurs. Cancellation is evidenced by the buyer giving written notice of cancellation to the seller at the address stated in the agreement or offer to purchase or lease. Notice of cancellation, if given by mail is effective upon deposit in a mailbox, properly addressed to the seller and postage prepaid. Notice of cancellation need not take a particular form and is sufficient if it indicates, by any form of written expression, the intention of the buyer not to be bound by the home solicitation sale or lease.
(19) Installation or alteration. No licensee, or person acting under their direction or control, may install or alter any goods, merchandise or wares sold or leased through home solicitation during the period in which the buyer has a right to cancel, as set forth in this subsection (b)(19). However, upon proper application, the
may waive this restriction in writing based upon the
finding that emergency installation is necessary for the health, welfare or safety of the buyer and with the buyer’s written, informed consent.
(1958 Code, § 138.05) (Ord. 70, passed 1-1-1956; Ord. 203, passed 9-21-1959; Ord. 74-106, passed 11-18-1974; Ord. 80-55, passed 12-15-1980; Ord. 87-77, passed 10-16-1987; recodified by Ord. 95-13, passed 8-7-1995; Ord. 2003-61, passed 12-15-2003; Ord. 2007-17, passed 4-9-2007; Ord. 2007-25, passed 8-6-2007; Ord. 2009-33, passed 11-2-2009; Ord. 2011-16, passed 8-1-2011; Ord. 2016-15, passed 8-1-2016; Ord. 2017-13, passed 5-22-2017)