(A) Purpose. The city has the authority under its police power to prevent public nuisances and public and safety hazards created by certain business practices under the police power. It is the purpose and intent of this section to establish regulations relating to peddlers, solicitors and transient merchants as specifically authorized by Minn. Stat. §§ 329.15, 412.221, Subd. 19, and 437.02, as they may be amended from time to time.
(B) Definitions. For purposes of this section, the terms defined have the following meanings.
PERSON. An 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.
PEDDLER. A person who meets the following criteria:
(a) Has no fixed place of business but goes from house-to-house, door-to-door, business-to-business, street-to-street, or place-to-place to conduct their activity;
(b) Carries the wares, goods, products, merchandise, personal property or tools with which to perform services being offered for sale;
(c) Sells the wares, goods, products, merchandise, personal property or services at the time of offer;
(d) Delivers the wares, goods, products, merchandise, or other personal property or performs the services immediately upon sale and the exchange of consideration;
(e) Makes sales only to consumers and not to dealers.
SOLICITOR. A person who meets the following criteria:
(a) Goes from house-to-house, door-to-door, business-to-business, street-to-street, or place-to-place to conduct their activity;
(b) May carry the wares, goods, products, merchandise, personal property being offered for sale as samples;
(c) Takes orders for sales of the wares, goods, products, merchandise, personal property or services to be delivered at a future date;
(d) Delivers or has delivered the wares, goods, products, merchandise, personal property or performs the services at a future date.
TRANSIENT MERCHANT. A person who meets the following criteria:
(a) Has a place where business is conducted from a building, structure, covering, tent, table, pavilion, vehicle or lot, either in one location or in multiple locations;
(b) Carries the wares, goods, products, merchandise, or personal property being offered for sale;
(c) Sells the wares, goods, products, merchandise, or personal property at the time of offer;
(d) Delivers the wares, goods, products, merchandise, or other personal property immediately upon sale and the exchange of consideration;
(e) Makes sales only to consumers and not to dealers.
(C) Exceptions. For the purpose of this section, the terms “peddler,” “solicitor” and “transient merchant” shall not apply and no license or registration shall be required for the following, unless otherwise indicated below.
(1) Auctions. Any person conducting an auction with a licensed auctioneer shall not be required to obtain license or to register with the city.
(2) Government sales. Any government agency conducting a sale, including a court-ordered sale, a sheriff’s sale or the sale of the government agency’s surplus property shall not be required to obtain license or to register with the city.
(3) Customer route sales. 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, frozen goods and milk, nor shall they apply to any person making deliveries of perishable food and dairy products to the customers on an established regular delivery route shall not be required to obtain license or to register with the city.
(4) Exercise of constitutional rights. Any person going from house-to-house, door-to-door, business-to-business, street-to-street, or other type of place-to-place when that activity is for the primary purpose of exercising that person’s State or Federal Constitutional rights (i.e., freedom of speech, press, religion, etc.), shall not be required to obtain license or to register with the city. However, if the exercise of Constitutional rights is merely incidental to the primary purpose of a commercial activity or if professional fundraisers, or fundraisers who receive a commission or a fee are working on behalf of an otherwise exempt person or group, then each person involved in the activity must obtain a license pursuant to division (D) below.
(5) Farmer’s produce or product. Any person or a sponsoring organization representing multiple vendors who sells or attempt to sell any products of a farm or garden occupied, rented or used by the person and cultivated by the person does not require a license; however, the person or sponsoring organization must register with the city pursuant to division (E) below and in addition to the information required therein, the person or sponsoring organization must provide the following information:
(a) The address or specific location of the farms or gardens upon which the product was cultivated or obtained;
(b) A signed affidavit from the registrant that the product that will be sold was from property occupied, rented or used by the registrant and the product was cultivated by the registrant. For a sponsoring organization, the sponsor will attest that it has received documentation from the participating vendors affirming that they comply with this requirement;
(c) Written confirmation from the Zoning Administrator that the property on which the product will be sold complies with all zoning requirements;
(d) The address or specific location on which the product will be sold and a written acknowledgment from the property owner that includes the following:
1. Consent from the property owner to use the property for the sale of the product;
2. A site map showing the location on the property that will be used for the sale of the product.
(e) A written acknowledgment from the registrant that the registrant has been provided with a copy of and will adhere to the following conditions:
1. Will comply with all condition of the registrant’s interim use permit;
2. The registrant shall not interfere with or obstruct the free-flow of vehicular or pedestrian traffic or any right-of-way in order to conduct the business activity, including loading and unloading the product;
3. All structures, tables, tents, canopies, pavilions, shelters or other coverings and areas, including the property used for the business activity, shall be maintained in a neat and professional manner during the hours of operation;
4. All vehicles used to assist with the business activity shall be properly licensed and operable and maintained in a neat and professional manner;
5. The property used for conducting the business activity shall be maintained in a neat and clean condition and no evidence of the business activity shall remain on the property upon removal of the business activity each day;
6. No door-to-door sales shall be permitted.
(6) Flea markets. Any persons participating in an organized multi-person bazaar or flea market, when there are no more than two such sales in each calendar year and the sale lasts no longer than one week.
(7) Garage sales. Any persons conducting the type of sales commonly known as garage sales, rummage sales, or estate sales, when there are no more than two such sales in each calendar year and the sale lasts no longer than one week.
(8) Isolated sale. Any isolated or singular sale of property.
(9) Non-profit, charitable, religious organizations or public and private schools who are conducting sales or other similar fundraising activities shall not be required to obtain a license but are subject to certain requirements as follows:
(a) Local organizations. All local non-profit, charitable, religious organizations or public and private schools that have a direct connection to or are located within the City shall be required to complete a notification form provided by the City containing:
1. Except for schools, written verification of the non-profit status of the organization;
2. The dates during which the activity will be conducted; the location where the activity will be conducted; and the nature of the goods or services to be sold or offered for sale;
3.
A written acknowledgment that the activity will be conducted in such a manner so as to comply with the conditions of division (E)(5)(c) below.
(b) Non-local organization. If the organization has no local connection or is not located within the city, then the organization shall be required to submit one registration application per activity, but otherwise shall comply with all the conditions of division (E) below.
(c) For all organizations, while conducting the activity all members of the organization shall wear clothing identifying the sponsoring organization or carry a form of identification from the sponsoring organization.
(10) Parade vendors. Sales conducted by peddlers or transient merchants in conjunction with and as part of a city-sponsored community event or parade.
(11) Sales to dealers. Transient merchants making direct sales to dealers.
(12) Solicitors engaged in interstate commerce. No license is required for a solicitor who takes orders for goods, wares or merchandise delivered to the purchaser from states other than Minnesota; however, the solicitor must register with the city pursuant to division (E) below and in addition to the information required therein, the registrant must provide written documentation, accompanied by an affidavit signed by the registrant, that the goods, wares or merchandise are being delivered from states other than Minnesota, and identifying the state or states from which they are being delivered.
(D) License requirements.
(1) County license. No person may conduct business as a transient merchant within the city without obtaining a license from Dakota County, as required by Minn. Stat. Chapter 329, as it may be amended from time to time.
(2) City license and application. Unless otherwise excepted, no person may conduct business as a peddler, solicitor or transient merchant in the city without a city license pursuant to City Code Chapter 110. Each person who desires to conduct the activity must complete an application and obtain a separate license even if more than one person represents the same individual, firm or corporation. The application shall be submitted at least 21 business days before the applicant desires to conduct business.
(4) Bond or letter of credit requirement in lieu of insurance. In lieu of a certificate of insurance, the applicant shall provide a bond or letter of credit payable to the city in the amount of $3,000, which shall be approved by the Finance Director.
(5) Photo identification card. Once a license has been issued, the licensee must obtain a photo identification card from the city.
(6) Fees. The license fee, investigation fee and photo identification card fee are established by the City Council resolution.
(7) License term. The term of the license begins on the date it is approved by the City Council and terminates on the first of the following:
(a) One hundred eighty days thereafter; or
(b) On the expiration date stated in the application; or
(c) On December 31 of that same year.
(8) Grounds for denial. In addition to the grounds for denial stated in City Code § 110.12(A), the City Council may deny an application if it finds that the applicant:
(a) Has been permanently or temporarily enjoined by any court of competent jurisdiction from engaging in or continuing any conduct or practice involving any aspect of the business activity;
(b) Fails the background investigation pursuant to a recommendation by the Police Chief;
(c) Has had an application rejected by the city or other governmental agency within three years prior to the date of application.
(9) Conditions of license. In addition to the requirements and conditions in City Code Chapter 110, every licensee shall comply with the following conditions:
(a) Every licensee shall clearly display the license and photo identification card on his or her person, basket, cart or vehicle in a conspicuous place. Every licensee shall produce and show the license number and photo identification card upon request.
(b) All transient merchants, who require a license, shall comply with the requirements of the Zoning Ordinance.
(c) No licensee shall conduct business in any of the following manners:
1. Calling attention to his or her business or items to be sold by means of blowing a horn or whistle, ringing a bell, crying out, or by any other noise so as to be unreasonably audible within an enclosed structure.
2. Obstructing the free flow of either vehicular or pedestrian traffic on any street, alley, sidewalk or other public right-of-way.
3. In such a way so as to create a threat to the health, safety and welfare of any individual or the public.
4. For peddlers and solicitors, they shall not go door-to-door before 10:00 a.m. or one half hour after sundown or after 7:00 p.m., whichever occurs first, Monday through Saturday and before 10:00 a.m. or after 3:00 p.m. on Sunday.
5. Failing to provide proof of license or identification, when requested.
6. Making any false or misleading statements about the product or service being sold, including untrue statements of endorsement. No licensee shall claim to have the endorsement of the city solely based on the city having issued a license.
7. Remaining on the property of another when requested to leave, or to otherwise conduct business in a manner a reasonable person would find obscene, threatening, intimidating or abusive.
(d) Exclusion by placard. Unless invited to do so by the property owner or tenant, no licensee shall enter the property of another when the property is marked with a sign or placard stating “No Peddlers, Solicitors or Transient Merchants,” or “Peddlers, Solicitors and Transient Merchants prohibited,” or other comparable statement. No person other than the property owner or tenant shall remove, deface or otherwise tamper with any sign or placard pursuant to this section.
(E) Registration requirements.
(1) Registration required. All person excepted from the licensing requirements of this section pursuant to division (C) above, but who are required to register with the city, must complete a registration application and submit it to the City Clerk at least 21 days before the person desires to begin its activity. Except as provided in division (C)(9)(b) above for non-local non-profit organizations, or farmers markets with a sponsoring organization, each person who desires to conduct the activity must complete a separate application and obtain a separate certificate of registration even if more than one person represents the same individual, firm, organization or corporation. Upon receiving a completed application, the City Clerk will issue a certificate of registration.
(2) Photo identification card. The registrant must obtain a photo identification card from the city. No photo identification card shall be required for individual vendors in a farmers market if there is a sponsoring organization, however, a list of vendors must be provided to the city and updated every week during the time when the activity is being conducted.
(3) Fees. The registration fee and photo identification card fee are established by City Council resolution.
(4) Registration term. The term of the registration begins on the date that a completed Registration Form is approved by the City Clerk and terminates on the first of the following:
(a) One hundred eighty days thereafter; or
(b) On the expiration date stated in the application; or
(c) On December 31 of that same year.
(5) Conditions of certificate of registration.
(a) Unless excepted, every registrant shall clearly display the certificate of registration and photo identification card on his or her person, basket, cart or vehicle in a conspicuous place and shall produce them upon request.
(b) Transient merchants shall be required to comply with the requirements of the Zoning Ordinance. One interim use permit may be obtained on behalf of all vendors for a farmer’s market in one location.
(c) No registrant shall conduct business in any of the following manners:
1. Calling attention to his or her business or items to be sold by means of blowing a horn or whistle, ringing a bell, crying out, or by any other noise so as to be unreasonably audible within an enclosed structure.
2. Obstructing the free flow of either vehicular or pedestrian traffic on any street, alley, sidewalk or other public right-of-way.
3. In such a way so as to create a threat to the health, safety and welfare of any individual or the public.
4. For peddlers and solicitors, they shall not go door-to-door before 10:00 a.m. or one half hour after sundown or after 7:00 p.m., whichever occurs first, Monday through Saturday and before 10:00 a.m. or after 3:00 p.m. on Sunday.
5. Failing to provide proof of registration, or identification, when requested.
6. Making any false or misleading statements about the product or service being sold, including untrue statements of endorsement. No registrant shall claim to have the endorsement of the city solely based on the city having issued a certificate of registration.
7. Remaining on the property of another when requested to leave, or to otherwise conduct business in a manner a reasonable person would find obscene, threatening, intimidating, or abusive.
(d) Exclusion by placard. Unless invited to do so by the property owner or tenant, no registrant shall enter the property of another when the property is marked with a sign or placard stating “No Peddlers, Solicitors or Transient Merchants,” or “Peddlers, Solicitors and Transient Merchants prohibited,” or other comparable statement. No person other than the property owner or tenant shall remove, deface or otherwise tamper with any sign or placard pursuant to this section.
(F) Conditions of licenses.
(1) Every licensee shall display the photo identification card on his or her person, basket, cart or vehicle in a conspicuous place showing the license number and photo identification card. Every licensee/registrant shall produce and show the photo identification card, license number or certificate of registration upon the request of a resident, police officer or city-identified staff person.
(2) Person selling or peddling from vehicles or pushcarts shall not stand upon any sidewalk, street or alley to dispose of goods.
(3) All sales involving open sales lots shall comply with the requirements of the Zoning Ordinance.
(4) No peddler, solicitor or transient merchant shall conduct business in any of the following manners:
(a) Calling attention to his or her business or items to be sold by means of blowing a horn or whistle, ringing a bell, crying out, or by any other noise so as to be unreasonably audible within an enclosed structure.
(b) Obstructing the free flow of either vehicular or pedestrian traffic on any street, alley, sidewalk or other public right-of-way.
(c) Conducting business in such a way so as to create a threat to the health, safety and welfare of any individual or the public.
(d) Conducting business before 8:00 a.m. or after 9:00 p.m.
(e) Failing to provide proof of license, registration, or identification, when requested.
(f) Using the license or registration of another person.
(g) Making any false or misleading statements about the product or service 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.
(h) Remaining on the property of another when requested to leave, or to otherwise conduct business in a manner a reasonable person would find obscene, threatening, intimidating, or abusive.
(5) Exclusion by placard. Unless invited to do so by the property owner or tenant, no peddler, solicitor, or transient merchant, shall enter the property of another for the purpose of conducting business as a peddler, solicitor or transient merchant when the property is marked with a sign or placard at least three and three-fourths inches long and three and three-fourths inches wide with print of at least 48 point in size stating “No Peddlers, Solicitors or Transient Merchants,” or “Peddlers, Solicitors and Transient Merchants Prohibited,” or other comparable statement. No person other than the property owner or tenant shall remove, deface or otherwise tamper with any sign or placard pursuant to this section.