(A) County license required. No person shall conduct business as a peddler, or transient merchant within the city limits without first having obtained the appropriate license from the county as may be required by M.S. 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 chapter, no person shall conduct business within this jurisdiction as a peddler or transient merchant without first obtaining a city license. Solicitors need not be licensed, but are required to register with the city pursuant to § 96.08.
(C) 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. Any fraud, misrepresentation, or false statement on the application shall constitute a violation of this chapter. All applications shall be signed by the applicant.
(D) 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) A physical description of the applicant (hair color, eye color, height, weight, and distinguishing marks or 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 operations owned, managed, or operated by applicant, or for which the applicant is an employee or an agent.
(7) Full address of applicant's regular place of business, if any exists.
(8) Any and all business-related telephone numbers of the applicant, including cellular phones and facsimile (fax) machines.
(9) The type of business for which the applicant is applying for a license.
(10) The dates during which the applicant intends to conduct business.
(11) 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.
(12) A statement as to whether or not the applicant has been convicted within the previous five years of any felony, gross misdemeanor or misdemeanor for violating any state or federal statute or any local ordinance, other than minor traffic offenses.
(13) A list of the three most recent locations where the applicant has conducted business as a peddler or transient merchant.
(14) Proof of any required county license.
(15) Written permission of the property owner or the property owner's agent for any location to be used by a transient merchant.
(16) A general description of the items to be sold or services to be provided.
(17) Any and all additional information as may be deemed necessary by the City Council.
(18) The applicant's driver's license number or other form of identification acceptable to the city.
(19) 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 chapter shall be accompanied by the fee established in the city licensing fee schedule ordinance as it may be amended from time to time by the City Council.
(F) Procedure. Upon receipt of the completed application and payment of the license fee, the City Clerk, or its designee, shall within ten business days determine if the application is complete. An application will be considered complete if all required information is provided. If the City Clerk, or its designee, determines that the application is incomplete, the City Clerk, or its designee, must inform the applicant of the required, necessary information that is missing. The City Clerk, or its designee, shall review a complete application and order any investigation, including background checks, necessary to verify the information provided with the application. Within ten regular business days of receiving a complete application the City Clerk, or its designee, shall issue the license unless grounds exist for denying the license application under § 96.05 of this chapter, in which case the Clerk, or its designee, shall deny the request for a city peddler or transient merchant license. If the City Clerk, or its designee, denies the license application, the applicant must be notified in writing of the decision, the reason for denial and the applicant's right to appeal the denial by requesting, within 20 days of receiving notice of rejection, a hearing before the City Council. The City Council shall hear the appeal within 20 days of the date of the request for a hearing. The decision of the City Council following the hearing may be appealed by petitioning the Minnesota Court of Appeals for a writ of certiorari.
(G) Duration. A license granted under this chapter shall be valid for one calendar year from the date of issuance.
(H) Professional fundraisers not exempt. A professional fundraiser working on behalf of an otherwise exempt organization shall not be exempt from the licensing requirements of this chapter.
(Ord. 1005, passed 9-28-10; Am. Ord. 1706, passed 12-26-17) Penalty, see § 96.99