§ 118.071 LICENSING; EXEMPTIONS.

   (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)

§ 118.072 LICENSE INELIGIBILITY.

   The following shall be grounds for denying a peddler or transient merchant license:

   (A)   The failure of an applicant to obtain and demonstrate proof of having obtained any required county license;

   (B)   The failure of an applicant to truthfully provide any information requested by the city as part of the application process;

   (C)   The failure of an applicant to sign the license application before a notary public;

   (D)   The failure of an applicant to pay the required fee at the time of application;

   (E)   A conviction within the past five years of the date of application for any violation of any federal or state statute or regulation, or of any local ordinance, which adversely reflects upon the person’s ability to conduct the business for which the license is being sought in a professional, honest and legal manner. Such violations shall include, but are not limited to, burglary, theft, larceny, swindling, fraud, unlawful business practices and any form of actual or threatened physical harm against another person;

   (F)   The revocation within the past five years of any license issued to an applicant for the purpose of conducting business as a peddler, solicitor or transient merchant; and/or

   (G)   When an applicant has a bad business reputation. Evidence of a bad business reputation shall include, but is not limited to, the existence of more than three complaints against an applicant with the Better Business Bureau, the Office of the Minnesota Attorney General or other state attorney general’s office, or other similar business or consumer rights office or agency, within the preceding 12 months, or three complaints filed with the city against an applicant within the preceding five years.

(1992 Code, § 488:15) (Ord. 1463, passed 1-4-2011)

§ 118.073 LICENSE SUSPENSION AND REVOCATION.

   (A)   Generally. Any license issued under this section may be suspended or revoked at the discretion of the City Council for violation of any of the following:

      (1)   Subsequent knowledge by the city of fraud, misrepresentation or incorrect statements provided by an applicant on the application form;

      (2)   Fraud, misrepresentation or false statements made during the course of the licensed activity;

      (3)   Subsequent conviction for any offense for which the granting of the license could have been denied under § 118.071(B) of this chapter;

      (4)   Engaging in any prohibited activity as provided under § 118.076 of this chapter; and/or

      (5)   Violation of any other provision of this subchapter.

   (B)   Notice. Prior to revoking or suspending any license issued under this subchapter, the city shall provide a license holder with written notice of the alleged violations and inform the licensee of his or her right to a public hearing on the alleged violation. Such notice shall be delivered in person or by mail to the permanent residential address listed on the license application, or if no residential address is listed, to the business address provided on the license application.

   (C)   Public hearing.

      (1)   Upon receiving the notice provided in division (B) above, the licensee may request a public hearing by delivering a written request for hearing to the City Clerk-Treasurer. If no such request for a hearing is received by the City Clerk-Treasurer within ten days following the service of the notice, the city may suspend or revoke the license. Written notice of the suspension or revocation shall be mailed to the licensee. For the purpose of a mailed notice, service shall be considered complete as of the date the notice is placed in the mail. If a public hearing is requested within the stated time frame, a hearing shall be scheduled within 20 days from the date of the request for the public hearing.

      (2)   Within five regular business days of the hearing, the City Council shall notify the licensee of its decision.

   (D)   Emergency. If, in the discretion of the City Council, imminent harm to the health or safety of the public may occur because of the actions of any person licensed under this subchapter, the City Council may immediately suspend the person’s license and provide notice of the right to hold a subsequent public hearing as prescribed in this section.

   (E)   Appeal. Any person whose license is suspended or revoked by the City Council under this section shall have the right to appeal that decision by petitioning the State Court of Appeals for a writ of certiorari.

(1992 Code, § 488:20) (Ord. 1463, passed 1-4-2011)

§ 118.074 LICENSE NON-TRANSFERABLE.

   No license issued under this subchapter shall be transferred to any person other than the person to whom the license was issued.

(1992 Code, § 488:25) (Ord. 1463, passed 1-4-2011)

§ 118.075 REGISTRATION.

   (A)   All solicitors and any person exempt from the licensing requirements of this subchapter, under § 118.071 of this chapter, shall be required to register with the city prior to engaging in those activities. Registration shall be made on the same form required for a license application, but no fee shall be required. Immediately upon completion of the registration form, the City Clerk-Treasurer shall issue to the registrant a certificate of registration as proof of the registration. Certificates of registration shall be non-transferrable.

   (B)   Individuals that will be engaging in non-commercial door-to-door advocacy shall not be required to register.

(1992 Code, § 488:30) (Ord. 1463, passed 1-4-2011)

§ 118.076 PROHIBITED ACTIVITIES.

   No peddler, solicitor, transient merchant, non-commercial door-to-door advocate or other person engaged in other similar activities shall conduct business in any of the following manners:

   (A)   Calling attention to his or her business or the items to be sold by means of blowing any horn or whistle, ringing any bell, except doorbells, crying out or by any other noise, so as to be unreasonably audible within any residence or enclosed building;

   (B)   Obstructing the free flow of traffic, either vehicular or pedestrian, on any street, sidewalk, alleyway or other public right-of-way;

   (C)   Conducting business in a way as to create a threat to the health, safety and welfare of any specific individual or the general public;

   (D)   Conducting business before 8:00 a.m. or after 8:00 p.m., or any time on Sunday;

   (E)   Failing to provide proof of license or registration, and identification when requested;

   (F)   Using the license or registration of another person;

   (G)   Making false or misleading statements about the products or services being sold, including untrue statements of endorsement. No peddler, solicitor or transient merchant shall claim to have the endorsement of the city solely based on the city having issued a license or certificate of registration to that person;

   (H)   Remaining on the property of another when requested to leave;

   (I)   Otherwise conducting business in any manner that a reasonable person would find obscene, threatening, intimidating or abusive; and/or

   (J)   Transient merchants are prohibited from conducting business in any residential district and shall comply with Ord. 827, as now adopted and hereinafter amended.

(1992 Code, § 488:35) (Ord. 1463, passed 1-4-2011)

§ 118.077 EXCLUSION BY PLACARD.

   (A)   Unless specifically invited by the property owner or tenant, no peddler, solicitor, transient merchant, non-commercial door-to-door advocate or other person engaged in other similar activities shall enter onto the property of another for the purpose of conducting business as a peddler, solicitor, transient merchant, non-commercial door-to-door advocate or similar activity when the property is marked with a sign or placard:

      (1)   At least four inches long;

      (2)   At least four inches wide;

      (3)   With print of at least 48 point in size; and

      (4)   Stating “No Peddlers, Solicitors Transient Merchants or Door-to Door Advocates”, “Peddlers, Solicitors Transient Merchants and Door-to Door Advocates Prohibited” or other comparable statement.

   (B)   No person other than the property owner or tenant shall remove, deface or otherwise tamper with any sign or placard under this section.

(1992 Code, § 488:40) (Ord. 1463, passed 1-4-2011) Penalty, see § 118.999