HomeMy WebLinkAbout2.d. Outside Sales & Peddlers License/Farmers Market CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR DISCUSSION
COMMITTEE OF THE WHOLE
DATE: MAY 12, 1999
AGENDA ITEM: OUTSIDE SALES &PEDDLERS LICENSE/ AGENDA NO. 2. D.
FARMERS MARKET
PREPARED BY: DAN ROGNESS, COMMLTNITY DEV. DIR.
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ATTACHMENTS: CITY CODE SECTION 3-5
Mayor Busho and Councilmember Cisewski have been working on bringing a fanners market to the City of
Rosemount. The location is tentatively the parking lot of the newly located Ace Hardware(old VonHanson's).
City Code and Planning Ordinance may have to be revised in order to accommodate this seasonal market.
Discussion will be held to update staff on details and determine areas needing to be explored.
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RECOMMENDED ACTION NOTES:
3-5-1 3-5-1
CHAPTER 5
LICENSING OF PEDDLERS, SOLICITORS AND
TRANSIENT MERCHANTS
SECTION:
3-5- 1: Purpose
3-5- 2: Definitions
3-5- 3: License Required
3-5- 4: Exclusions
3-5- 5: Application
3-5- 6: Investigation and License Issuance
3-5- 7: Duration of License
3-5- 8: License Fees
3-5- 9: Use of Streets
3-5-10: Exhibition of License
3-5-11: Prohibited Practices
3-5-12: Revocation of License
3-5-13: Appeal
3-5-14: Reapplication
3-5-15: Penalty
3-5-1: PURPOSE: This Chapter is not intended to in any way hinder,
delay or interfere with legitimate business or organizational
activities. The City Council finds, however, that solicitors have used public
streets and their direct contact with residents of the City for the illegitimate
solicitation practices of harassment, nuisance, theft, deceit or menacing,
troublesome or unlawful activities. This Chapter is intended to identify and
control: 1) businesses and organizations using solicitation as a means of
concealing unlawful activities; and 2) businesses and organizations which,
though its activities be lawful or even commendable, use such illegitimate
practices in solicitation; and 3) individual naturat persons who, though they
represent lawful businesses and organizations, use such illegitimate
solicitation practices. (Ord. XVI.24, 6-1-93)
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3-5-2: DEFINITIONS: For the purpose of this Chapter, the terms
defined herein shall have the following meanings:
PEDDLER: Any person who goes from house to house,
from place to piace or from street to street,
conveying or transporting goods, wares or
merchandise or offering or exposing the same
for sale, or making sales and delivering articles
to purchasers.
SOLICITOR: Any person who goes from house to house,
from place to place or from street to street,
soliciting or taking or attempting to take orders
for sale of goods, wares or merchandise,
including magazines, books, periodicals or
personal property of any nature whatsoever for
future delivery, or for service to be performed in
the future, whether or not such individual has,
� carries or exposes for sale a sample of the
subject of such order or whether he/she is
collecting advance payments on such orders.
Such definition includes any person, who or
himself/herself, or another person, firm or
corporation, hires, leases, uses or occupies any
building, motor vehicfe, structure or other place
within the City for the primary purpose of
exhibiting samples and taking orders for future
delivery.
TRANSIENT Any person, individual, copartnership and
MERCHANT: corporation, both as principal and agent, who
engage in, do or transact any temporary and
transient business in this State, either in one
locality or in traveling from place to place in this
State, selling goods, wares and merchandise;
and who for the purpose of carrying on such
businesses, hire, lease, occupy or use a
building, structu�e, vacant lot or railroad car for
the exhibition and sale of such goods, wares
and merchandise. The term "transient merchant"
does not include a seller or exhibitor in a
firearms collector show involving two (2) or
more sellers or exhibitors. (Ord. XV1.24, 6-1-93)
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3-5-3: LICENSE REQUIRED: It is unlawful for any peddler, solicitor
or transient merchant to engage in any such business within
the City without first having obtained a license from the City Clerk in
compliance with the provisions of this Chapter, except those specifically
excluded by Section 3-5-4 of this Chapter. (Ord. XVI.24, 6-1-93)
3-5-4: EXCLUSIONS: Except as provided in subsection G of this
Section, no person shall be required to obtain a license in the
following instances:
A. A solicitor doing business by appointment.
B. A solicitor taking orders for the future door-to-door delivery of
newspapers.
C. Salespeople selling goods to retail or wholesale stores or to
professional or industrial establishments.
D. The conduct of "garage sales° or "rummage sales".
E. No licenses shall be required for vendors as a preliminary step to the
establishment of a regular route service for the sale and delivery of
such commodities or the providing of such services to regular
customers. �
F. School aged children selling items for fundraisers.
G. Any canvassing, soliciting or fund raising for the purpose of
charitable organizations if such an organization is registered with the
State Department of Commerce pursuant to the provisions of
Minnesota Statutes 309.52 as a charitable organization or exempted
pursuant to the provisions of Minnesota Statutes 309.515, provided
� documentation is filed with the City Clerk giving the following
information:
1. Name and address of the organization;
2. Name, address and physical description of the person seeking to
register on behalf of the organization;
3. Names and addresses of all of the officers and no more than four
(4) directors of the organization;
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4. Period during which canvassing, solicitation or fund raising is to
be carried on;
5. Purpose of the cause for which registration is sought; and
6. Evidence of registration with the Department of Commerce or
exemption from registration pursuant to Minnesota Statutes 309.515.
Upon receipt of the statements required in this subsection and
receipt of evidence that such organization is a charitable
organization, the City Clerk shall issue a license without a license
fee. (Ord. XV1.24, 6-1-93)
3-5-5: APPLICATION: In addition to such information as the City
Clerk may require, the application shall also include:
A. The name and address of the applicant and all persons associated
with the applicant in the applicant's business.
B. A brief written description of the nature of the business, the goods to
be sold and the applicant's method of operation.
C. If employed, the name and address of the employer, together with
credentials establishing the exact relationship.
D. The length of time which the applicant intends to do business in the
City with the approximate dates.
E. The place where the goods or property proposed to be sold, or order
taken for the sale thereof, are manufactured or produced, where
such goods or products are located at the time said application is
filed and the proposed method of delivery.
F. A statement as to whether or not the applicant or the person
managing the business has been convicted of any crime,
misdemeanor or violation of any Municipal ordinance, involving
� activities licensed under this Chapter, the nature of the offense and
the punishment or penalty assessed therefore.
G. If a vehicle is to be used, a description of the same together with �
license number or other means of identification.
H. A statement of the nature, character and quality of the goods, wares
or merchandise to be sold or offered for sale by applicant, the
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invoice value and quality of such goods, wares and merchandise,
whether the same are proposed to be sold from stock in possession
or by sample, at auction, by direct sale or by taking orders for future
delivery.
I. The drivers license number of the applicant and all persons listed in
subsection A of this Section. '
J. Credentials from the person, for which the applicant proposes to do
business, authorizing the applicant to act as such representative.
K. In the case of transient merchants, the place where the business is
to be carried on and a copy of the lease for such place or a letter
signed by the owner thereof authorizing the use. (Ord. XV1.24,
6-1-93)
3-5-6: INVESTIGATION AND LICENSE ISSUANCE:
A. There will be a fourteen (14) day waiting period between the
application and issuance of the license during which period of time
the Chief of Police shall make such investigation of the applicant's
business moral character as he shall deem necessary for the
protection of the public good. The license may be issued by the City
Clerk when the foregoing investigation is completed.
B. The issuance of the license shall be denied if it appears that the
applicant has been convicted of a felony, a misdemeanor involving
moral turpitude or a violation of Minnesota Statutes, chapter 329 or
of this Chapter. (Ord. XV1.24, 6-1-93)
3-5-7: DURATION OF LICENSE: All licenses issued pursuant to this
Chapter shall expire at midnight of December 31 in the year
when issued. (Ord. XV1.24, 6-1-93)
3-5-8: LICENSE FEES: Fees shall be set from time to time by City
Council resolution. (Ord. XV1.24, 6-1-93)
3-5-9: USE OF STREETS: No peddler or solicitor shall have any
exclusive rights to any location in the public streets, nor shall
any be permitted a stationary location thereon, nor shall any be permitted to
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operate in a congested area where such operation might impede or
inconvenience the public use of such streets. For the purpose of this
Chapter, the judgment of a police officer, exercised in good faith, shall be
deemed conclusive as to whether the area is congested and public impeded
or inconvenienced. (Ord. XVI.24, 6-1-93)
3-5-10: EXffiBITION OF LICENSE: All licenses issued under this
Chapter, including those issued to company representatives,
shall be carried by the licensee upon the person or in the case of a
transient merchant, conspicuously posted in such merchant's place of
business. Such license shall be shown at the request of any citizen. (Ord.
XV1.24, 6-1-93)
3-5-11: PROHIBITED PRACTICES: No person under the provisions
of this Chapter shalL•
A. Se�l or solicit before the hours of nine o'clock (9:00) A.M. or after
nine o'clock (9:00) P.M., unless a previous appointment has been
made.
B. Enter or conduct business upon any premises where a sign or
plaque is conspicuously posted stating in effect that no peddlers or
solicitors are allowed. Such signs shall have �letters a minimum of
one-half inch ('/2") high.
C. Occupy for the purpose of advertising and/or conducting business
any area within a sight triangle, at any road intersection.
D. Occupy as a transient merchant, solicitor or peddler, any public right
of way for the purpose of advertising and/or conducting business.
E. Occupy as a transient merchant, solicitor or peddler public property
for the purpose of advertising and/or conducting business unless
approved by the City Council. (Ord. XV1.24, 6-1-93)
3-5-12: REVOCATION OF LICENSE: Licenses issued under the
provisions of this Chapter may be revoked by the Council of
the City after notice and hearing for any of the following causes:
A. Fraud, misrepresentation or incorrect statement contained in the
application for license.
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B. Fraud, misrepresentation or incorrect statement made in the course
of carrying on his business as solicitor, canvasser, peddler, transient
merchant, itinerant merchant or itinerant vendor.
C. Any violation of this Chapter.
D. Conviction of any crime or misdemeanor.
E. Conducting the business of peddler, canvasser, solicitor, transient
merchant, itinerant merchant or itinerant vendor, as the case may
be, in an unlawful manner or in such a manner as to constitute a
breach of peace or to constitute a menace to health, safety or
general welfare of the public.
Notice of hearing for revocation of a license shall be given by the City Clerk
in writing, setting forth specifically the grounds of complaint and the time
and place of hearing. Such notice shall be mailed, postage prepaid, to the
licensee at his last known address at least five (5) days prior to the date set
for hearing, or shall be delivered by a police officer in the same manner as
a summons at least three (3) days prior to the date set for hearing. (Ord.
XV1.24, 6-1-93)
3-5-13: APPEAL: Any person aggrieved by the action of the Chief of
Police or the City Clerk in the denial of a license as provided
in Section 3-5-6 of this Chapter may appeal to the Council. Such appeal
shall be taken by filing with the Council within fourteen (14) days after
notice of the action complained of, a written statement setting forth fully the
grounds for the appeal. The Council shall set a time and place for a hearing
on such appeal, and notice of such hearing shall be given to the appellant
in the same manner as provided in Section 3-5-12 of this Chapter for notice
of hearing on revocation. (Ord. XV1.24, 6-1-93)
3-5-14: REAPPLICATION: No licensee whose license has been
revoked shall make further application until at least six (6)
months have elapsed since the last previous revocation. (Ord. XVI.24,
6-1-93)
3-5-15: PENALTY: Any person who violates any provision of this
Chapter is guilty of a misdemeanor and upon conviction
thereof shall be punished by a fine not exceeding seven hundred dollars
($700.00) or by imprisonment for a period not exceeding ninety (90) days or
both, plus in either case, the costs of prosecution. (Ord. XV1.24, 6-1-93)
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