Section
113.01 Definitions
113.02 Permit required; exceptions
113.03 Application procedure
113.04 Investigation and issuance; expiration
113.05 Form and published notice
113.06 Permits to be carried and exhibited
113.07 Permit fees
113.08 Prohibited practices
113.09 Use of public and private property
113.10 Revocation of permit; re-application
Cross-reference:
Nuisances, see Chapter 93
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
NUISANCE. Any person or thing which:
(1) Annoys, injures or endangers the health, safety, comfort or repose of the public;
(2) Offends public decency;
(3) Interferes with the use of or obstructs, or tends to obstruct or render dangerous for passage a lake, stream, navigable river or public water, park, square, sidewalk, street, alley or highway;
(4) Depreciates the value of the property of the inhabitants of the city; or
(5) In any manner, renders the inhabitants of the city insecure in life or in use of property.
PEDDLER. Any person, whether a resident of the city or not, who goes from house to house, from place to place or from street to street, conveying or transporting goods, wares or merchandise, including magazines, books, periodicals or personal property of any nature whatsoever, or offering or showing the same for sale, or making sales and delivering articles to purchasers.
TRANSIENT MERCHANT. Includes any person, firm or corporation, whether as owner, agent, consignee or employee, whether a resident of the city or not, who engages in a temporary business of selling and delivering goods, wares and merchandise, including magazines, books, periodicals or personal property of any nature whatsoever, within the city, and who, in furtherance of the purpose, hires, leases, uses or occupies any building, structure, motor vehicle, trailer, tent, railroad boxcar, boat, hotel or motel room, lodging house, apartment, shop or any street, alley, vacant lot or other place within the city for exhibition and sale of goods, wares and merchandise either privately or at public auction.
SOLICITORS.
(1) Any person, whether a resident of the city or not, who goes from house to house, from place to place or from street to street, soliciting or taking or attempting to take orders for sales of goods, wares or merchandise, including magazines, books, periodicals or personal property of any nature whatsoever, for future delivery, or for service to be performed in the future, including orders for the performance of maintenance or repair service on home or places of business, whether or not the individual has, carries or shows a sample of the subject of the order or whether or not he or she is collecting advance payments on the orders.
(2) The definition includes any person, firm or corporation, that hires, leases, uses or occupies any building, structure, motor vehicle, trailer, tent, railroad boxcar, boat, hotel or motel room, lodging house, apartment, shop, street, alley, vacant lot or other place within the city for the purpose of exhibiting samples and taking orders for organization, society, association or corporation, who solicits in its name money, donations of money or property or financial assistance of any kind or sells or distributes any item of literature or merchandise for which a fee is charged, or solicited from persons other than members of the organization, upon the streets, in office or business buildings, by house to house canvass, or in public places for a charitable, religious, patriotic or philanthropic purpose.
(Ord. 81, passed 7-12-93)
(A) It is unlawful for any peddler, solicitor or transient merchant to engage in any business or solicitation activities within the city without first obtaining a permit therefore in compliance with the provisions of this chapter.
(B) This chapter does not apply to the following:
(1) Sales of goods, merchandise or service to business, commercial or industrial users at their usual place of business;
(2) Deliveries of previously sold goods or services in the regular course of business or deliveries or sales made as a part of the regular established route to preexisting customers;
(3) Vendors who make an uninvited call upon the occupant of a residence as a preliminary step to the establishment of regular route services for the sale and delivery of commodities and services to regular customers such as vendors of milk, groceries and other perishable commodities, soft water services, laundry and dry cleaning pick-up and delivery and newspapers;
(4) Any sale under court order;
(5) Any bona fide auction sale by a city resident;
(6) Sidewalk sales authorized by the City Council;
(7) Garage sales or rummage sales when conducted by a non-profit organization, or when conducted upon the premises of the owner of the articles being offered for sale, provided that the sales do not last longer than 72 hours, and provided that no more than three sales be conducted on any given location within one year;
(8) Sale of goods and/or admissions by local school students to a school function or by local bona fide civic or non-profit organizations for entertainment functions sponsored by the organizations; and
(9) Sales or services provided by persons who are licensed by the State of Minnesota or the United States and who are exempt by law from the provisions of this section.
(Ord. 81, passed 7-12-93; Am. Ord. 148, passed 9-22-08)
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