Section
111.01 Definitions; exceptions to definitions
111.02 License required
111.03 Application for license
111.04 License fee
111.05 License procedure
111.06 License duration
111.07 License exemptions
111.08 License ineligibility
111.09 License suspension and revocation
111.10 License transferability
111.11 Registration
111.12 Prohibited activities
111.13 Exclusion by placard
111.99 Penalty
(A) Definitions. 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.
NON-COMMERCIAL DOOR-TO-DOOR ADVOCATE. A person who goes door-to-door for the primary purpose of disseminating religious, political, social or other ideological beliefs. For the purpose of this chapter, the term door-to-door advocate shall fall under the term solicitor and include door-to-door canvassing and pamphleteering intended for non-commercial purposes.
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 movement, 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. For purpose of the chapter, the term peddler shall have the same common meaning as the term hawker.
PERSON. Any natural individual, group, organization, corporation, partnership or similar association.
REGULAR BUSINESS DAY. Any day city offices are normally open for conducting public business. Holidays defined by state law shall not be considered regular business days.
SOLICITOR. Any person who goes from house-to-house, door-to-door, business-to-business, street-to-street, or any other type of place-to-place movement, for the purpose of obtaining or attempting to obtain orders for goods, wares, products, merchandise, other personal property, or services 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 described in this definition. For purposes of this chapter, the term solicitor shall have the same meaning as the term canvasser.
TRANSIENT MERCHANT. A person who temporarily sets up business out of a vehicle, trailer, boxcar, 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 in any one location for more than 14 consecutive days.
(B) Exceptions to definitions. For the purpose of this chapter, the terms peddler, solicitor, and transient merchant shall not apply to:
(1) Non-commercial door-to-door advocates. Nothing in this language shall be interpreted to prohibit or restrict non-commercial door-to-door advocates. Persons engaging in non-commercial door-to-door advocacy shall not be required to register as a solicitor.
(2) Any person selling or attempting to sell at wholesale any goods, wares, products, merchandise, or other personal property to a retail seller of the items being sold by the wholesaler.
(3) 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 or milk.
(4) Any person making deliveries of perishable food and dairy products to the customers on his or her established delivery route.
(5) Any person making deliveries of newspapers, newsletters, or other similar publications on an established customer delivery route, when attempting to establish a regular delivery route, or when publications are delivered to the community at large.
(6) Any person conducting the type of sale commonly known as garage sales, rummage sales, or estate sales.
(7) Any person participating in an organized multi-person bazaar or flea market.
(8) Any person conducting an auction as a properly licensed auctioneer.
(9) Any officer of the court conducting a court-ordered sale.
(10) Exemption from these definitions shall not, for the scope of this chapter, excuse any person from complying with any other applicable statutory provision or requirement provided by another city ordinance.
(Ord. 225, 3rd Series, passed 9-10-2019)
(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 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.
(1) Except as otherwise provided for by this language, no person shall conduct business within the city as a peddler or a transient merchant without first obtaining a city license.
(2) Solicitors need not be licensed, but are required to register with the city pursuant to § 111.11.
(Ord. 225, 3rd Series, passed 9-10-2019)
(A) 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 business in the city.
(B) The application for a license shall be made on a form approved by the City Administrator and available from the City Administrator's office.
(C) 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, any 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) Whether the applicant is applying for an annual or daily license;
(11) 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;
(12) 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;
(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 violating any state or federal statute or any local ordinance, other than minor traffic offenses;
(14) A list of the three most recent locations where the applicant has conducted business as a peddler or transient merchant;
(15) Proof of any required county license;
(16) Written permission of the property owner or the property owner's agent for any location to be used by a transient merchant;
(17) A general description of the items to be sold or services to be provided;
(18) Any and all additional information as may be deemed necessary by the City Council;
(19) The applicant's driver's license number or other acceptable form of identification; and
(20) 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.
(Ord. 225, 3rd Series, passed 9-10-2019)
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