6.01: DEFINITIONS:
Unless the language or context clearly indicates that a different meaning is intended, the following words, terms and phrases, for the purpose of this chapter, shall have the following meanings:
APPLICANT: Any person making an application for a license under this chapter.
BILLABLE TRANSACTION: Every reportable transaction conducted by a pawnbroker is a "billable transaction", except renewals, redemptions or extensions of existing pawns on items previously reported, voided transactions and confiscations.
BOND: A corporate surety document in the form and with the provisions acceptable and specifically approved by the city.
BUSINESS: Any activity, occupation, sale of goods or services, or transaction that is either licensed or regulated, or both licensed and regulated, by the terms and conditions of this chapter.
BUSINESS SOLICITATION: An attempt by a solicitor, engaging in transactions of the same kind, to sell or distribute for a consideration any goods or services primarily for personal, family or household purposes, when either the solicitor or person acting for him contacts the solicitee by telephone or in person, other than at the established place of business of solicitor, except: a) an attempted solicitation in which the solicitee personally knows the identity of the solicitor, the name of the business firm or organization he represents, and the identity or kind of goods, services or things of value offered; or b) an attempted solicitation in which the solicitee has first initiated the contact with the solicitor; or c) an attempted solicitation of a newspaper subscription in which the solicitor is a minor child engaged in both the delivery and sale of the newspaper; or d) an attempted solicitation for the sale of products of a farm, garden or orchard.
CONTRIBUTION SOLICITATION: An attempt by a solicitor to obtain money from a solicitee for any cause or purpose, when either the solicitor or person acting for him contacts the solicitee by telephone or in person other than at the established place of meeting, business, service or activity of the organization represented by the solicitor, except: a) an attempted solicitation in which the solicitee personally knows the identity of the solicitor, the name of the organization he represents, and the identity of the services performed or offered by the organization; or b) an attempted solicitation in which the solicitee has first initiated the contact with the solicitor or the organization represented by him.
ESTABLISHED PLACE: Real estate in the city owned, leased on a month to month or term certain, longer than thirty (30) days. The term includes a booth, compartment or area leased or assigned during and for the length of an event or occasion.
FIREWORKS: Any fireworks that cannot be sold under state law pursuant to Minnesota statutes sections 624.20 through 624.25 are not considered "fireworks" for the purposes of this chapter since they cannot be sold, possessed or used in the city in any manner. For the purposes of this chapter, "fireworks" shall mean those types of fireworks that are now legal to sell, possess and use under state law, which are: wire or wood sparklers of not more than one hundred grams (100 g) of mixture per item, other sparking items which are nonexplosive and nonaerial and contain seventy five grams (75 g) or less of chemical mixture per tube or a total of two hundred grams (200 g) or less for multiple tubes, snakes and glow worms, smoke devices, or trick noisemakers which include paper streamers, party poppers, string poppers, snappers and drop pops, each consisting of not more than twenty five hundredths (25/100) grain of explosive mixture.
FOOD/BEVERAGE VENDOR: Any person who sells food or beverages for periods of less than five (5) days annually as part of a large-scale street and sidewalk event at a single location, or as a peddler.
GOODS: Any tangible thing of value, but not including money, things in action or intangible personal property, other than merchandise certificates or coupons as herein described. The term includes such chattels as are furnished or used at the time of sale or subsequently in the modernization, rehabilitation, repair, alteration, improvement or construction of real property so as to become a part thereof, whether or not severable therefrom. The term also includes merchandise certificates or coupons, issued by a retail seller, not redeemable in cash and to be used in their face amount in lieu of cash, in exchange for goods or services sold by such seller.
ITINERANT MERCHANT: Any person who sells merchandise, either new or used, for periods of less than five (5) days annually at a single location, or as a peddler. A person selling merchandise on property owned by them or leased by them under a lease of at least thirty (30) days' duration, which property is outside of the large scale street and sidewalk event established under subsection 6.28C of this chapter, shall not be considered an "itinerant merchant". A person selling merchandise on property owned by them or leased by them under a lease of at least thirty (30) days' duration, which property is within the large scale street and sidewalk event district established under subsection 6.28C of this chapter, shall not be considered an "itinerant merchant" if such merchandise is similar to the type or kind of merchandise ordinarily sold at such location.
LARGE SCALE STREET AND SIDEWALK EVENT: A special event held during a period of time designated in the license under the sponsorship of a nonprofit organization which requires the full or partial obstruction of streets or sidewalks, or parks or municipal parking lots, to pedestrian or vehicular traffic and attracts an unusual number of visitors to the city, requiring special efforts by the city to control traffic and protect the public.
LARGE SCALE STREET AND SIDEWALK EVENT PERIOD: The period of time designated within the license application for the large scale street and sidewalk event.
LICENSE: A document issued by the city to an applicant permitting him to carry on and transact a business.
LICENSE FEE: The money paid to the city pursuant to an application and prior to issuance of a license to transact and carry on a business.
LICENSEE: An applicant who, pursuant to his application, holds a valid, current, unexpired and unrevoked license from the city for carrying on a business.
MINOR: Any natural person who has not yet reached the age of eighteen (18) years.
MOBILE FOOD CART: A self-contained food service operation, located in a non-motorized vehicle self-propelled by the operator. Mobile food carts are not a mobile food unit. Mobile food cart operators are solicitors and must obtain a solicitor license pursuant to city code chapter 6, Section 6.35.
MOBILE FOOD UNIT:
   A.   A self-contained food service operation, located in a motorized wheeled or towed vehicle that is readily movable without disassembling and that is used to store, prepare, display, or serve food intended for individual portion service; or
   B.   A mobile food unit as defined in M.S. 157.15, Subdivision 9. A mobile food unit is a restaurant or deli for purposes of city code chapter 6, Section 6.37, Restaurant Sales Tax.
MOVABLE PLACE OF BUSINESS: Any form of business, other than a mobile food unit as defined herein, operated out of a truck, van, automobile, or other type of vehicle or transportable shelter and not fixed address storefront or other permanent type of structure authorized for sales transactions.
OPERATOR: The person or persons who are the proprietors of a restaurant or deli, whether in the capacity of owner, lessee, sublessee, licensee or otherwise.
PAWNBROKER: Any natural person, partnership or corporation, either as principal, or agent or employee thereof, who loans money on deposit or pledge of personal property, or other valuable thing, or who deals in the purchasing of personal property, or other valuable thing on condition of selling the same back again at a stipulated price, or who loans money secured by chattel mortgage on personal property, taking possession of the property, or any part thereof, so mortgaged. To the extent that a pawnbroker's business includes buying personal property previously used, rented or leased, or selling it on consignment, the provisions of this chapter shall be applicable.
PET GROOMER: Any person, firm, or corporation offering as the primary service the bathing, trimming, clipping, or combing of pets for the purposes of maintaining the pet's aesthetic appearance or health.
PET TRAINING FACILITY: Any place, building, tract of land, abode, or vehicle wherein or whereupon dogs or cats are kept, congregated, or confined for the purpose of animal training, other than a person's dwelling where cats or two (2) or fewer dogs are kept as pets.
RECREATIONAL VEHICLES: All vehicles and trailers designed or modified to allow sleeping accommodations within them, including, but not limited to, motor homes, campers, camper trailers, travel campers, live in vans, sleeper vans, conversion vans and buses.
REPORTABLE TRANSACTION: Every transaction conducted by a pawnbroker in which merchandise is received through a pawn, purchase, consignment or trade, or by which a pawn is redeemed, or for which a unique transaction number or identifier is generated by their point of sale software, or an item is confiscated by law enforcement, is reportable except:
   A.   The bulk purchase or consignment of new or used merchandise from a merchant, manufacturer or wholesaler having an established permanent place of business, and the retail sale of said merchandise, provided the pawnbroker must maintain a record of such purchase or consignment which describes each item, and must mark each item in a manner which relates it to that transaction record.
   B.   Retail and wholesale sales of merchandise originally received by a pawn or purchase, and for which all applicable hold and/or redemption periods have expired.
   C.   Items purchased from a Minnesota city, county or other political subdivision's law enforcement agency as an alternative to disposing of unclaimed, impounded, seized or confiscated items through public auction or sale, as allowed by state statute or local ordinance.
RESTAURANT OR DELI: Every building, structure, vehicle, sidewalk cart, or any part thereof, used as, maintained as, or advertised as, or held out to be a place where meals, lunches or food are served or prepared for service elsewhere, except schools, churches and organizations not liable for payment of state sales tax.
SALE: Any transfer of goods for money, trade, barter or other consideration.
SERVICES: Work, labor or services of any kind.
SOLICITEE: The person solicited.
SOLICITOR: Any person making the solicitation, including such common terms as "peddler", "transient merchant" and "canvasser". A mobile food cart is a solicitor.
TOBACCO OR TOBACCO PRODUCTS: Any substance or item containing tobacco leaf, including, but not limited to, cigarettes; cigars; pipe tobacco; snuff; fine cut or other chewing tobacco; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff flowers; cavendish; shorts; plug and twist tobacco; dipping tobaccos; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kind and forms of tobacco leaf prepared in such manner as to be suitable for chewing, sniffing or smoking.
VENDING MACHINE: Any mechanical, electric or electronic, or other type of device, which dispenses tobacco, tobacco products or tobacco related devices upon the insertion of money, tokens or other form of payment directly into the machine by the person seeking to purchase the tobacco, tobacco product or tobacco related device.
(1976 Code; amd. Ord. 124, 2nd Series, eff. 9-24-1984; Ord. 136, 2nd Series, eff. 12-3-1984; 1992 Code; Ord. 53, 4th Series, eff. 2-13-1995; Ord. 65, 4th Series, eff. 12-18-1995; Ord. 75, 4th Series, eff. 7-1-1996; Ord. 102, 4th Series, eff. 1-1-1998; Ord. 144, 4th Series, eff. 8-23-1999; Ord. 69, 5th Series, eff. 6-9-2003; Ord. 98, 5th Series, eff. 5-17-2004; Ord. 104, 5th Series, eff. 10-18-2004; Ord. 136, 5th Series, eff. 2-26-2007; Ord. 21, 6th Series, eff. 7-1-2011; Ord. 44, 6th Series, eff. 10-15-2012; Ord. 25, 7th Series, eff. 6-14-2021; Ord. 38, 7th Series, eff. 2-6-2023)