CHAPTER 112: PEDDLERS, ITINERANT MERCHANTS, AND SOLICITORS
Section
   112.01   Definitions
   112.02   Provisions
   112.03   License requirement
   112.04   Application procedure
   112.05   Standards for issuance
   112.06   Revocation procedure
   112.07   Standards for revocation
   112.08   Appeal procedure
   112.09   Exhibition of identification
   112.10   City policy on soliciting
   112.11   Notice regulating soliciting
   112.12   Duty of solicitors
   112.13   Uninvited soliciting prohibited
   112.14   Time limit on soliciting
   112.15   Regulations regarding traffic and noise making
Statutory reference:
   Authority to regulate trades and occupations, see M.S.A. § 5.2082(4)
§ 112.01 DEFINITIONS.
   For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BUSINESS. The business carried on by any person who is an itinerant merchant, peddler, or solicitor as defined in this section.
   GOODS. Merchandise of any description whatsoever, and includes, but is not restricted to, wares and foodstuffs.
   ITINERANT MERCHANT. Any person, whether as owner, agent, or consignee, who engages in a temporary business of selling goods within the city and who, in the furtherance of such business, uses any building, structure, vehicle, or any place within the city.
   PEDDLER. Any person, not an itinerant merchant, who:
      (1)   Travels from place to place by any means carrying goods for sale, or making sales, or making deliveries; or
      (2)   Without traveling from place to place, sells or offers goods for sale from any public place within the city.
   SOLICITOR. Any person who travels by any means from place to place, taking or attempting to take orders for sale of goods to be delivered in the future or for services to be performed in the future. A person who is a solicitor is not a peddler.
§ 112.02 PROVISIONS
   The provisions of this chapter shall not be construed to apply to nor regulate commercial travelers employed by wholesale houses and selling staple articles of merchandise to merchants of the city to be retained by them; nor to persons selling milk; nor to the delivery of goods sold by business houses of the city; nor to sales for local charitable purposes or local nonprofit organizations.
§ 112.03 LICENSE REQUIREMENT.
   (A)   Any person who is an itinerant merchant, peddler, or solicitor shall obtain a license before engaging in such activity within the city.
   (B)   The fee for the license required by this chapter shall be as set from time to time by the City Council.
   (C)   No license issued under this chapter shall be transferable.
Penalty, see § 10.99
§ 112.04 APPLICATION PROCEDURE.
   (A)   All applicants for licenses required by this chapter shall file an application with the Clerk. This application shall be signed by the applicant if an individual, or by all partners if a partnership, or by the president if a corporation. The applicant may be requested to provide information concerning the following items:
      (1)   The name and address of the applicant;
      (2)   (a)   The name of the individual having management authority or supervision of the applicant's business during the time that it is proposed to be carried on in the city;
         (b)   The local address of such individual;
         (c)   The permanent address of such individual;
         (d)   The capacity in which such individual will act;
      (3)   The name and address of the person, if any, for whose purpose the business will be carried on, and, if a corporation, the state of incorporation;
      (4)   The time period or periods during which it is proposed to carry on applicant's business;
      (5)   (a)   The nature, character, and quality of the goods or services to be offered for sale or delivered;
         (b)   If goods, their invoice value and whether they are to be sold by sample as well as from stock;
         (c)   If goods, where and by whom such goods are manufactured or grown, and where such goods are at the time of application;
      (6)   The nature of the advertising proposed to be done for the business;
      (7)   Whether or not the applicant, or the individual identified in division (A)(2)(a) above, or the person identified in division (A)(3) has been convicted of any crime or misdemeanor and, if so, the nature of each offense and the penalty assessed for each offense.
   (B)   Applicants for peddler or solicitor licenses may be required to provide further information concerning the following items, in addition to that requested under division (A) above:
      (1)   A description of the applicant;
      (2)   A description of any vehicle proposed to be used in the business, including its registration number, if any.
   (C)   All applicants for licenses required by this chapter shall attach to their application, if required by the city, credentials from the person, if any, for which the applicant proposes to do business, authorizing the applicant to act as such representative.
Penalty, see § 10.99
§ 112.05 STANDARDS FOR ISSUANCE.
   (A)   Upon receipt of an application, an investigation of the applicant's business reputation and moral character shall be made.
   (B)   The application shall be approved unless such investigation discloses tangible evidence that the conduct of the applicant's business would pose a substantial threat to the public health, safety, morals, or general welfare. In particular, tangible evidence that the applicant:
      (1)   Has been convicted of a crime of moral turpitude; or
      (2)   Has made willful misstatements in the application; or
      (3)   Has committed prior violations of ordinances pertaining to itinerant merchants, peddlers, solicitors, and the like; or
      (4)   Has committed prior fraudulent acts; or
      (5)   Has a record of continual breaches of solicited contracts.
will constitute valid reasons for disapproval of an application.
§ 112.06 REVOCATION PROCEDURE.
   Any license or permit granted under this chapter may be revoked by the Clerk after notice and hearing, pursuant to the standards in § 112.07. Notice of hearing for revocation shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be mailed to the licensee at his last known address, at least ten days prior to the date set for the hearing.
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