(A) Renewal; transfer. Applications for renewals shall be handled in the same manner as original applications. Licenses issued under this section are personal and may not be transferred.
(B) Prohibited practices.
(1) A direct seller shall be prohibited from: calling at any dwelling or other place between the hours of 8:00 p.m. and 9:00 a.m. nor on Sundays except by appointment; calling at any dwelling or other place where a sign is displayed bearing the words "No Peddlers," "No Solicitors" or words of similar meaning; calling at the rear door of any dwelling place; or remaining on any premises after being asked to leave by the owner, occupant or other person having authority over such premises.
(2) A direct seller shall not misrepresent or make false, deceptive or misleading statements concerning the quality, quantity or character of any goods offered for sale, the purpose of his visit, his identity or the identity of the organization he represents. A charitable organization direct seller shall specifically disclose what portion of the sale price of goods being offered will actually be used for the charitable purpose for which the organization is soliciting. Said portion shall be expressed as a percentage of the sale price of the goods.
(3) No direct seller shall impede the free use of sidewalks and streets by pedestrians and vehicles. Where sales are made from vehicles, all traffic and parking regulations shall be observed.
(4) No direct seller shall make or suffer to be made any loud noises or use any sound amplifying device to attract customers if the noise produced is capable of being plainly heard beyond a 100 foot radius of the sound source.
(5) No direct seller shall allow rubbish or litter to accumulate in or around the area in which the seller's business is conducted.
(6) Conducting the sale of goods of any and all kinds upon any part of any public right-of-way is prohibited, except the occasional use of a part of a public right-of-way adjacent to the property owned by the would-be merchant and which is the merchant's "home base of operations" and the goods displayed being of the kind marketed by the adjacent land owner.
(C) Disclosure requirements.
(1) After the initial greeting and before any other statement is made to a prospective customer, a direct seller shall expressly disclose his name, the name of the company or organization he is affiliated with, if any, and the identity of goods or services offered for sale, and have city license prominently displayed.
(2) If any sale of goods is made by a direct seller or any sales order for the later delivery of goods is taken by the seller, the buyer shall have the right to cancel said transaction if it involved the extension of credit or is a cash transaction of more than $25, in accordance with, and pursuant to applicable Minnesota Statutes; the seller shall give the buyer two copies of a typed or printed notice of rights of cancellation in form consistent with all applicable law and regulations.
(3) If the direct seller takes a sales order for the later delivery of goods, he shall, at the time the order is taken, provide the buyer with a written statement containing the terms of the agreement, the amount paid in advance, whether full, partial or no advance payment is made, the name, address and telephone number of the seller, the delivery or performance date and whether a guarantee or warranty is provided and, if so, the terms thereof.
(Ord. 340, passed 4-14-97; Am. Ord. 394, passed 4-28-03) Penalty, see § 112.99