(A) County license required. No person shall conduct business as a peddler, solicitor, or transient merchant within the city limits without first having obtained the appropriate license from the county as may be required by M.S. Chapter 329 as it may be amended from time to time, if the county issues a license for the activity.
(B) City license required. Except as otherwise provided for by this chapter, no person shall conduct business within this jurisdiction as a peddler, solicitor or a transient merchant without first obtaining a city license.
(C) Application. An application for a city license to conduct business as a peddler, solicitor, or transient merchant shall be made at least 21 regular business days before the applicant desires to begin conducting a business operation within the city. Application for a license shall be made on a form approved by the City Council and available from City Hall. All applications shall be signed by the applicant. All applications shall include the following information:
(1) The applicant's full legal name and that of all persons selling under the license.
(2) Copies of driver's licenses or other valid legal identification of all persons selling under the license.
(3) Any and all other names under which the applicant has or does conduct business, or to which the applicant will officially answer to.
(4) A physical description of the applicant (hair color, eye color, height, weight, any distinguishing marks or features, and the like).
(5) Full address of applicant's permanent residence.
(6) Primary telephone number of the applicant.
(7) Full legal name of any and all business operations owned, managed, or operated by applicant, or for which the applicant is an employee or an agent.
(8) Full address of applicant's regular place of business, if any exists.
(9) Any and all business-related telephone numbers of the applicant, including cellular phones and facsimile (fax) machines.
(10) The type of business for which the applicant is applying for a license.
(11) Whether the applicant is applying for an annual or daily license.
(12) The dates during which the applicant intends to conduct business. If the applicant is applying for a daily license, the number of days he or she will be conducting business within the city, with a maximum of 14 consecutive days.
(13) Any and all addresses and telephone numbers where the applicant can be reached while conducting business within the city, including the location where a transient merchant intends to set up his or her business.
(14) A statement as to whether or not the applicant has been convicted with the last five years of any felony, gross misdemeanor or misdemeanor for violating any state or federal statute or any local ordinance, other than minor traffic offenses.
(15) A list of the three most recent locations where the applicant has conducted business as a peddler or transient merchant.
(16) Proof of any required county license.
(17) Written permission of the property owner or the property owner's agent for any location to be used by a transient merchant.
(18) A general description of the items to be sold or services to be provided.
(19) Any and all additional information as may be deemed necessary by the City Council.
(20) The applicant's driver's license number or other acceptable form of identification.
(21) The license plate number, registration information, vehicle identification number (VIN) and physical description for any vehicle to be used in conjunction with the licensed business operation.
(22) Any other information deemed necessary by the city.
(D) Fee. All applications for a license under this chapter shall be accompanied by the fee established in the city licensing fee schedule as it may be amended from time to time.
(E) Procedure. Upon receipt of the application and payment of the license fee, the city clerk will determine if the application is complete within a reasonable allotted time. An application will be considered complete if all required information is provided. If the City Clerk determines that the application is incomplete, the City Clerk must inform the applicant of the required, necessary information that is missing. If the application is complete, the City Clerk must order any investigation, including background checks, necessary to verify the information provided with the application. The City Council must consider the application at its next regularly scheduled meeting after the investigation is complete. The City Clerk must notify the applicant in writing of the decision, the reason for denial and the applicant's right to appeal the denial by requesting, within 20 days of receiving notice of rejection, a public hearing before the City Council. The City Council shall hear the appeal with 20 days of the date of the request for a hearing. The decision of the City Council following the public hearing can be appealed by petitioning the Minnesota Court of Appeals for a writ of certiorari.
(F) Duration. An annual license granted under this section shall be valid for one calendar year from the date of issuance. All other licenses granted to peddlers, solicitors, and transient merchants under this section shall be valid only during the time period indicated on the license.
(G) License exemptions.
(1) No license shall be required for any person to sell or attempt to sell, or to take or attempt to take orders for, any product grown, produced, cultivated, or raised on any farm.
(2) No license shall be required for any person going from house-to-house, door-to-door, business-to-business, street-to-street, or any other type of place-to-place movement for the primary purpose of exercising that person's state or federal constitutional rights such as the freedom of speech, freedom of the press, freedom of religion, and the like. This exemption will not apply if the person's exercise of constitutional rights is merely incidental to what would properly be considered a commercial activity.
(Am. Ord. 107, passed 5-19-2020)