(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 as may be required by Minn. Stat. Ch. 329, as it may be amended from time to time, if the county issues a license for the activity.
(B) City license required. Except as otherwise provided for by this subchapter, no person shall conduct business within this jurisdiction as a peddler or a transient merchant without first obtaining a city license. Solicitors need not be licensed, but are required to register with the city pursuant to § 118.075 of this chapter.
(C) Separate license. Each person engaged in the business of a peddler or transient merchant shall secure a separate license. No license is transferrable.
(D) Application. An application for a city license 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 a business operation within the city. Application for a license shall be made on a form approved by the City Council and available from the office of the City Clerk-Treasurer. All applications shall be signed by the applicant in the presence of a notary public. All applications shall include the following information:
(1) The applicant’s full legal name;
(2) Any and all other names under which the applicant has or does conduct business or to which the applicant will officially answer to;
(3) Full address of applicant’s permanent residence;
(4) A physical description of the applicant (hair color, eye color, height, weight, any distinguishing marks or features and the like);
(5) A copy of the applicant’s driver’s license, including the applicant’s photograph, and driver’s license number or other acceptable form of identification;
(6) An informed consent form signed by the applicant in the presence of a notary public authorizing the State Bureau of Criminal Apprehension to disclose all criminal history record information relating to the applicant to the city for the purposes of applying for a license under this subchapter;
(7) Telephone number of the applicant’s permanent residence;
(8) Full legal name of any and all business operations owned, managed or operated by applicant, or for which the applicant is an employee or an agent;
(9) Full address of applicant’s regular place of business, if any exists;
(10) Any and all business-related telephone numbers of the applicant, including cellular phones and facsimile (fax) machines;
(11) The type of business for which the applicant is applying for a license;
(12) Whether the applicant is applying for an annual or daily license;
(13) The dates during which the applicant intends to conduct business. If the applicant is applying for a daily license, the number of days he or she will be conducting business within the city, with a maximum of 14 consecutive days;
(14) Any and all addresses and telephone numbers where the applicant can be reached while conducting business within the city, including the location where a transient merchant intends to set up his or her business;
(15) A statement as to whether or not the applicant has been convicted with the last five years of any felony, gross misdemeanor or misdemeanor for violating any federal or state statute or any local ordinance, other than minor traffic offenses;
(16) A list of the three most recent locations where the applicant has conducted business as a peddler or transient merchant;
(17) Proof of any required county license;
(18) Written permission of the property owner or the property owner’s agent for any location to be used by a transient merchant;
(19) A general description of the items to be sold or services to be provided;
(20) Any and all additional information as may be requested and deemed necessary by the City Council; and
(21) The license plate number, registration information, vehicle identification number (VIN) and physical description for any vehicle to be used in conjunction with the licensed business operation.
(E) Fee. All applications for a license under this subchapter shall be accompanied by the fee established in the city licensing fee schedule ordinance, as it may be amended from time to time.
(F) Procedure. Upon receipt of the application and payment of the license fee, the City Clerk- Treasurer will determine if the application is complete. An application will be considered complete if all required information is provided. If the City Clerk-Treasurer determines that the application is incomplete, the City Clerk-Treasurer shall inform the applicant of the required, necessary information that is missing. If the application is complete, the City Clerk-Treasurer shall refer the applicant to the Chief of Police who shall conduct an investigation, including background checks, including a criminal history background investigation, necessary to verify the information provided with the application. Unless there is an unforeseen delay in receiving the necessary background information, the City Clerk- Treasurer must issue the license within 14 regular business days after receiving a completed application unless grounds exist for denying the license application under § 118.072(B) of this chapter, in which case the Clerk-Treasurer shall deny the application. If the application is denied, the applicant must be notified in writing of the decision and the reason for the denial. The applicant may appeal the denial by delivering to the City Clerk-Treasurer a written request for a public hearing which shall be had before the City Council or by a committee of the Council designated by the Council President. A public hearing shall be held within 30 days of the date of the request for hearing. The applicant may appeal the decision of the City Council following such public hearing by petitioning the State Court of Appeals for a writ of certiorari.
(G) Duration. An annual license granted under this subchapter shall be valid for one calendar year from the date of issuance. All other licenses granted to peddlers and transient merchants under this subchapter shall be valid only during the time period indicated on the license.
(H) Professional fundraisers not exempt. A professional fundraiser working on behalf of an otherwise exempt group or person shall not be exempt from the licensing requirements of this subchapter.
(I) License exemptions.
(1) No license shall be required for any person to sell or attempt to sell, or to take or attempt to. take orders for, any product grown, produced, cultivated or raised on any farm.
(2) (a) No license shall be required for any person going from house-to-house, door-to-door, business-to-business, street-to-street or any other type of place-to-place movement for the primary purpose of exercising that person’s state or federal constitutional rights such as the freedom of speech, freedom of the press, freedom of religion and the like.
(b) This exemption will not apply if the person’s exercise of constitutional rights is merely incidental to what would properly be considered a commercial activity.
(1992 Code, § 488:10) (Ord. 1463, passed 1-4-2011)