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The purpose of this Division R of the city code is to prevent fraud and criminal activity, such as burglary, theft and assault and to protect the privacy of residents in their homes by requiring commercial
to be licensed and to impose narrowly tailored restrictions on the activity of all
operating
that balance the city’s legitimate concern with crime prevention and the health, safety and welfare of its residents against the right of persons to engage in solicitation as a form of constitutionally protected free expression or religious proselytizing. It is not the purpose of this Division R to burden interstate commerce or interfere with constitutionally protected rights under the First Amendment of the United States Constitution or Article I, § 3 of the Minnesota Constitution.
(1958 Code, § 142.38) (Ord. 35, passed 3-9-1954; Ord. 74-110, passed 11-18-1974, renumbered to § 142.36; Ord. 93-22, passed 4-26-1993; recodified by Ord. 95-13, passed 8-7-1995; Ord. 2003-61, passed 12-15-2003)
The City Council makes the following findings regarding the need to license and regulate
operating
.
(a) Because solicitation entails the procuring of orders for goods and services to be provided to a consumer at a future date, consumer protection regulations are necessary. By licensing
as herein prescribed, consumer complaints can be forwarded to the permanent address of the licensed
conducting the temporary business
.
(b) Because
can have access to private residential properties, criminal background checks of
and the regulation of hours of operation are warranted. Burglars and thieves frequently pose as
, either in order that they have a pretense to discover whether a house is empty and therefore ripe for burglary or for the purpose of viewing the premises, its layout, security or lack thereof, as well as the property contained thereon so that they may return later to burglarize or steal.
(c) Because solicitation can entail the use of public rights-of-way, provisions prescribing safety practices and hours of operation are necessary.
(d) Persons in their homes have a greater expectation of privacy and to be free from the intrusive nature of a stranger demanding their personal attention at their threshold during the non-daylight or non-business hours.
(1958 Code, § 142.39) (Ord. 35, passed 3-9-1954; Ord. 67-16, passed 4-17-1967; Ord. 74-110, passed 11-18-1974, renumbered to § 142.37; Ord. 93-22, passed 4-26-1993; recodified by Ord. 95-13, passed 8-7-1995; Ord. 2003-61, passed 12-15-2003)
The following words and terms, when used in this Division R shall have the following meaning, unless the context clearly indicates otherwise.
CANVASSER. An individual who goes from place-to-place, including private property and private residences, without an invitation from the owner or occupant, for the purpose of asking for votes, opinions, signatures, membership, etc. or distributing or dispersing information, data, opinions, messages, etc. CANVASSERS also include persons who seek to obtain funds, contributions or donations as a secondary purpose to their canvassing.
DWELLING UNIT. One or more rooms arranged for residential use containing cooking, living, sanitary and sleeping facilities and physically separated from any other rooms or dwelling units which may be in the same structure.
EXEMPT ORGANIZATION IDENTIFICATION. Identification card, business card or other documentation, including printed information on the order sheet, sales receipt, invoice or on the goods being offered for sale, that identifies the on whose behalf the hawking, peddling or transient merchant sales are being conducted with sufficient specificity to enable follow-up verification by the
of the organization’s tax exempt status.
EXEMPT ORGANIZATIONS. Tax-exempt, nonprofit, charitable, religious and educational organizations pursuant to § 501(c) of the Internal Revenue Code or tax-exempt political organizations under § 527 of the Internal Revenue Code and registered pursuant to M.S. § 10A.14, as it may be amended from time to time. Exempt political
also include candidates for public office, members of a candidate’s election committee or persons working on behalf of a candidate or any political issue, including without limitation, initiative, referendum, recall, levy or special ballot question. Charitable organizations, religious organizations and educational organizations must also fall within the definitions therefore of Minnesota Rules part 8130.6200, subparts 2, 3 and 4.
ISSUING AUTHORITY. The City of Bloomington License Section.
REGULATED ACTIVITY. Going from place-to-place (1) advertising or selling any product, service or procuring orders for the sale of merchandise or personal services for future delivery or future performance; or, (2) seeking donations of money or property on behalf of any person, organization or cause; and, (3) including the door-to-door activity of and exempt organizations.
SOLICITOR. An individual who goes from place-to-place, including private property and private residences, without an invitation from the owner or occupant, for the purpose of: (1) advertising, promoting, selling, leasing, installing or explaining any product, service, organization or cause; and (2) seeking donations of money or property on behalf of any nonprofit, political or educational organization or for the purpose of procuring orders for the sale of merchandise or personal services for future delivery or future performance, whether or not the individual has a sample of the merchandise or is collecting advance payments for the orders. SOLICITOR shall also include the activity which has as its ultimate purpose the obtaining of orders.
WITHIN THE CITY. A physical presence within the corporate limits of the City of Bloomington.
(1958 Code, § 142.40) (Ord. 35, passed 3-9-1954; Ord. 74-110, passed 11-18-1974, renumbered to § 142.38; Ord. 93-22, passed 4-26-1993; recodified by Ord. 95-13, passed 8-7-1995; Ord. 2003-61, passed 12-15-2003; Ord. 2007-25, passed 8-6-2007; Ord. 2016-12, passed 6-6-2016)
No individual, except as set forth in § 14.356 of this Division R, shall engage in the
without first being duly licensed in accordance with this Division R.
(1958 Code, § 142.41) (Ord. 35, passed 3-9-1954; Ord. 65-15, passed 3-15-1965; Ord. 74-110, passed 11-18-1974, renumbered to § 142.39; Ord. 93-22, passed 4-26-1993; recodified by Ord. 95-13, passed 8-7-1995; Ord. 2003-61, passed 12-15-2003)
(a) Individuals engaging in canvassing shall not be required to be licensed pursuant to this Division R but must have on them at all times while canvassing some form of exempt organization identification as defined in this Division R.
(b) Individuals holding a valid license pursuant to M.S. Chapter 326, as it may be amended from time to time, by the terms of which the city is preempted from separate license.
(1958 Code, § 142.42) (Ord. 35, passed 3-9-1954; Ord. 74-110, passed 11-18-1974, renumbered to § 142.40; Ord. 93-22, passed 4-26-1993; recodified by Ord. 95-13, passed 8-7-1995; Ord. 2003-61, passed 12-15-2003; Ord. 2007-25, passed 8-6-2007; Ord. 2016-12, passed 6-6-2016)
An application for a license pursuant to this Division R shall request the following information and be submitted to the
at least seven working days before the
is to commence
:
(a) Name and physical description of the applicant;
(b) Complete home and business address of the applicant;
(c) A brief description of the proposed solicitation and the merchandise or service to be solicited;
(d) The dates and hours of the day during which the solicitation will be conducted;
(e) Name and permanent address of the firm or business on whose behalf the orders are solicited, together with credentials establishing the applicant’s relationship to the firm or business;
(f) Whether or not the applicant has been convicted of any crime other than petty traffic violations; the nature, time and location of each such offense and the punishment or penalty imposed;
(g) The last cities or other localities, not exceeding five, where the applicant conducted the solicitation immediately preceding the date of the application and where within those areas the activity took place;
(h) Make, model, year, color and state license number of each motor vehicle to be used in connection with the proposed solicitation;
(i) Date of birth, and, if the applicant is of sufficient age, a state driver’s license or identification card number of the applicant;
(j) Passport information and visa status if the applicant is not a United States citizen;
(k) The name and location of the nearest supervisor or manager overseeing the solicitation in the city;
(l) Whether the applicant or the firm employing the applicant has been the subject of an investigation by a consumer protection agency or State Attorney General’s office, and the dates and outcome of such an investigation;
(m) A recent photograph of the applicant taken by the
at the time the license is being processed depicting the head and shoulders of the person in a clear and distinguishable manner;
(n) An executed data privacy advisory and consent form authorizing the release of criminal history information from each of the applicant’s officers, partners, employees, agents and subcontractors;
(o) Whether the applicant or any officer, partner or subcontractor of the applicant has previously had a business license or registration denied, revoked or suspended by any governmental unit, identifying that governmental unit;
(p) Whether the applicant or any of its agents, employees or subcontractors has applied for a license pursuant to M.S. Chapter 326, as it may be amended from time to time;
(q) The names, addresses and telephone numbers of any installer or subcontractor involved in the installation, monitoring or operation of the merchandise to be sold, leased or installed by the applicant.
(1958 Code, § 142.43) (Ord. 35, passed 3-9-1954; Ord. 74-110, passed 11-18-1974, renumbered to § 142.41; Ord. 93-22, passed 4-26-1993; recodified by Ord. 95-13, passed 8-7-1995; Ord. 2003-61, passed 12-15-2003; Ord. 2007-25, passed 8-6-2007; Ord. 2016-12, passed 6-6-2016)
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