§ 113.02 PERMIT REQUIRED; EXCEPTIONS.

   (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)

§ 113.03 APPLICATION PROCEDURE.

   Applicants for a permit under this chapter shall file with the City Clerk a sworn application in writing on a form to be furnished by the city which will give the following information:

   (A)   The name and permanent home and business address of the applicant and all persons to be associated with the applicant in the business or activity;

   (B)   A brief description of the nature of the business or the purpose or cause for which the permit is sought;

   (C)   If the permit is sought to be issued in the name of an organization or other business entity, the names and addresses of the principal officers and directors of the main office and the address and phone number of the main office or headquarters of the organization conducting or sponsoring the activity and the names and addresses of the persons directly supervising and responsible for the business, solicitation or activity to be conducted;

   (D)   In the case of the transient merchants, the place where the business is the be carried on, the length of time for which the permit is sought and a description of the goods or merchandise to be sold;

   (E)   A list of the last three municipalities, if any, where the applicant carried on a business or activity similar to the one for which the permit is sought;

   (F)   The names and addresses of at least three references who will substantiate the applicants moral character and business responsibility or other evidence of the character and responsibility of the applicant; and

   (G)   Applicant’s Minnesota sales tax permit number, if applicable.

(Ord. 81, passed 7-12-93; Am. Ord. 94, passed 12-13-99)

§ 113.04 INVESTIGATION AND ISSUANCE; EXPIRATION.

   (A)   (1)   Upon receipt of a completed application, the City Clerk, or other person as may be designated by the City Council, shall institute an investigation of the applicant’s business and moral character as is deemed necessary for the protection of the public good. The investigation may include referral to and a report made by the city police or County Sheriff’s Office.

      (2)   Upon completion of such investigation and report as determined appropriate, the City Clerk or City Administrator may approve the application and issue the permit. If the application is not approved, the applicant shall be notified of such disapproval and the reasons therefor, and that no permit will be issued and that the applicant may appeal the decision to the City Council and that any such appeal will be placed on the agenda of the next regular Council meeting following receipt of the appeal.

      (3)   An appeal must be in writing and the applicant or its representative must appear in person at the Council meeting.

   (B)   All annual permits issued under the provisions of this chapter shall expire at midnight on December 31, in the year when issued. Non-annual licenses shall expire at midnight on the date specified on the license.

   (C)   All permits shall be nontransferable. No refund shall be made or unused portions of fees.

(Ord. 81, passed 7-12-93; Am. Ord. 94, passed 12-13-99; Am. Ord. 166, passed 6-28-10)

§ 113.05 FORM AND PUBLISHED NOTICE.

   The form of the permit to be issued and the notice to be published in the newspaper shall be as determined appropriate by the City Clerk.

(Ord. 81, passed 7-12-93; Am. Ord. 94, passed 12-13-99)

§ 113.06 PERMITS TO BE CARRIED AND EXHIBITED.

   Permits shall be carried by the permittee or conspicuously posted in its place of business and the permit shall be exhibited to any officer or citizen upon request. In the case where more than one individual shall be involved in the activity or solicitation, the applicant shall make sufficient copies of the permit to be made available to each peddler or solicitor acting on behalf of the group, organization or legal entity.

(Ord. 81, passed 7-12-93)

§ 113.07 PERMIT FEES.

   (A)   The fee for any permit required to be issued under this chapter shall be established annually by ordinance as part of the City Fee Schedule. Until the next fee schedule is adopted, the fee for a permit under this chapter shall be $100. The fee shall be payable at the time of the filing of the application.

   (B)   No fee shall be required from any bona fide charitable, religious, civic, educational or political organization, provided the proceeds of any sale or solicitation are being used for the legitimate purposes of the organization.

(Ord. 81, passed 7-12-93; Am. Ord. 148, passed 9-22-08)

§ 113.08 PROHIBITED PRACTICES.

   It is unlawful and a violation of this chapter for any peddler, solicitor or transient merchant to:

   (A)   Engage in solicitation for any unlawful business or organizational purpose or activity;

   (B)   Engage in harassment, intimidation, deception, exert pressure, threaten or any other unlawful practice during the course of solicitation or sale;

   (C)   Refuse to leave the premises when requested by the owner, lessee, person in charge thereof, or the person being solicited;

   (D)   Call attention to the business or activity by crying out, blowing a horn, ringing a bell or any loud or unusual noise;

   (E)   Display merchandise or make sales or solicitations directly from vehicles or trailers on city streets or alleys; or

   (F)   Engage in business after the hour of 8:00 p.m. or before 8:00 a.m., unless a previous appointment has been made for a different time.

(Ord. 81, passed 7-12-93) Penalty, see § 10.99