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Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PEDDLER. A person who goes from house-to-house, door-to-door, business-to-business, street-to-street or any other type of place-to-place, for the purpose of offering for sale, displaying or exposing for sale, selling or attempting to sell, and delivering immediately upon sale, the goods, wares, products, merchandise or other personal property that the person is carrying or otherwise transporting. PEDDLER shall mean the same as the term “hawker.”
PERSON. Any natural individual, group, organization, corporation, partnership or association. As applied to groups, organizations, corporations, partnerships and associations, the term shall include each member, officer, partner, associate, agent or employee.
REGULAR BUSINESS DAY. Any day during which the City Hall is normally open for the purpose of conducting public business. Holidays, defined by state law, shall not be counted as REGULAR BUSINESS DAYS.
SOLICITOR. A person who goes from house-to-house, door-to-door, business-to-business, street-to-street or any other type of place-to-place, for the purpose of obtaining or attempting to obtain orders for goods, wares, products, merchandise, other personal property or services of which he or she may be carrying or transporting samples, or that may be described in a catalog or by other means, and for which delivery or performance shall occur at a later time. The absence of samples or catalogs shall not remove a person from the scope of this provision if the actual purpose of the person's activity is to obtain or attempt to obtain orders as discussed above. The term shall mean the same as the term "canvasser."
TRANSIENT MERCHANT. A person who temporarily sets up business out of a vehicle, trailer, tent, other portable shelter or empty store front for the purpose of exposing or displaying for sale, selling or attempting to sell, and delivering goods, wares, products, merchandise or other personal property and who does not remain or intend to remain in any one location permanently.
(Ord. 113, passed 6-9-14; Am. Ord. 113B, passed 6-9-14)
(A) For the purpose of the requirements of this chapter the terms PEDDLER, SOLICITOR, and TRANSIENT MERCHANT shall not apply to:
(1) Any person selling or attempting to sell at wholesale any goods, wares, products, merchandise, or other personal property, to a retailer of the item(s) being sold by the wholesaler;
(2) The terms also shall not apply to any person who makes initial contacts with other people for the purpose of establishing or trying to establish a regular customer delivery route for the delivery of perishable food and dairy products such as baked goods and milk, nor shall they apply to any person making deliveries of perishable food and dairy products to the customers on his or her established regular delivery route;
(3) Garage sales. A garage sale in residentially zoned districts of the city can only be held for three consecutive days. No more than six garage sales can be held at any one location during any 12 month period.
(4) Anyone conducting an auction as a properly permitted auctioneer, or any officer of the court conducting a court ordered sale or persons selling goods or wares related to the main business at the location; and
(5) Any person participating in a sponsored event in town, so long as the person has registered with the event sponsor as an approved vendor.
(B) Exemption from the definitions for the scope of this chapter shall not excuse any persons from complying with any other applicable statutory provision or local ordinance.
(Ord. 113, passed 6-9-14; Am. Ord. 113B, passed 6-9-14)
(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 if the county licenses the business.
(B) City permit required. Except as otherwise provided for by this chapter, no person shall conduct business as either a peddler or a transient merchant without first having obtained a permit from the city.
(C) Application. Application for a city permit to conduct business as a peddler or transient merchant shall be made at least 14 regular business days before the applicant desires to begin conducting business. Failure to meet the required 14 day timeframe will result in a double fee. Applications for a permit shall be made on a form approved by the City Council and available from the office of the City Clerk. All applications shall be signed by the applicant. All applications shall include the following information:
(1) Applicant's full legal name;
(2) All other names under which the applicant conducts business or to which applicant officially answers;
(3) A physical description of the applicant (hair color, eye color, height, weight, distinguishing marks and features, and the like);
(4) Full address of applicant's permanent residence;
(5) Telephone number of applicant's permanent residence;
(6) Full legal name of any and all business operation(s) owned, managed, or operated by applicant, or for which the applicant is an employee or agent;
(7) Full address of applicant's regular place of business (if any);
(8) And all business related telephone number(s) of the applicant;
(9) The type of business for which the applicant is applying for a license;
(10) Whether the applicant is applying for an annual or daily license;
(11) The dates during which the applicant intends to conduct business, and if the applicant is applying for a daily license, the number of days he or she will be conducting business in the city;
(12) Any and all address(es) and telephone number(s) where the applicant can be reached while conducting business within the city, including the location where a transient merchant intends to set up business;
(13) A statement as to whether or not the applicant has been convicted within the last five years of any felony, gross misdemeanor, or misdemeanor for violation of any state or Federal statute or any local ordinance, other than traffic offenses;
(14) A list of the most recent locations where the applicant has conducted business as a peddler or transient merchant;
(15) Proof of any required county permit;
(16) Written permission of the property owner or the property owner's agent for any property to be used by a transient merchant;
(17) A general description of the items to be sold or services to be provided; and
(18) All additional information deemed necessary by the city.
(Ord. 113, passed 6-9-14; Am. Ord. 113B, passed 6-9-14)
Upon receipt of the completed application and payment of the permit fee, the City Administrator, or the City Administrator's designee, shall within two regular business days of receipt, issue the permit or inform the applicant of the reasons for denial of the application. An application shall be determined to be complete only if all required information is provided. If the Administrator or designee determines that the application is incomplete, the Clerk shall inform the applicant of the required necessary information which is missing. The City Clerk shall inform the City Council, at its next regular meeting date of applications received and permits issued or denied, in the event of denial of the permit, the applicant will be notified in writing of the denial and the reasons therefor and further be notified of his or her right to appeal the denial by requesting a hearing within ten days of receiving notice of rejection. Upon receipt of a request for a hearing, the City Clerk will schedule the hearing within ten days. The hearing will be conducted by three people including the Mayor or one of the Council whom the Mayor may designate, the Director of the Park Rapids Area Chamber of Commerce and one other person appointed by the Director of the Chamber of Commerce. The final decision of the hearing body will be issued within five days, shall be in writing, and shall state its findings. The decision of the three member body is viewed as the city's final decision and shall be appealable by petitioning the Minnesota Court of Appeals for a writ of certiorari.
(Ord. 113, passed 6-9-14)
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