HomeMy WebLinkAbout9.a. Peddlers; Solicitors; Transient Merchants Ordinance t i
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CITY OF ROSEMOIINT
EXECiTT2VE SUD�l�RY FOR ACTION
CITY COUNCIL MEETING DATE: JUNE 1, 1993
AGENDA ITEM: CONSIDERATION OF PEDDLERS, AGENDA SECTION:
SOLICITORS, AND TRANSIENT MERCHANTS ORDINANCE NEW BUSINESS
PREPARED BYs JOHN MILLER, AGENDA ��� � n �
ECONOMIC DEVELOPMENT COORDINATOR y
ATTACI�IENTS: DRAFT PEDDLERS OR.DINANCE, VED BY:
REQUEST CHAMBER OF COMMERCE GAC TO BRING TO �
COUNCIL, RESOLUTION ESTABLISHING FEES
The Rosemount Chamber of Commerce, through if:s Government Action Committee,
is concerned of the activities of some peddlers and transient merchants.
In turn the committee, through its chair Lucy Holzer, has asked the city to
consider an ordinance regulating the activities of these mobile business
persons.
Attached please find a draft ordinance that requires licensing of persons
or organizations conducting this activity and regulates to some degree
their activities. Major points include:
l. Sales activities on public right-of-way and public land defined.
2 . Owner� s approval to operate from private property.
3 . Fifty dollar fee required of for profit organization. No fee for
non-profit. .
The ordinance as drafted contains language suggested by the League of
Cities and from ordinances presently in effect in Apple Va11ey, Eagan, and
Lino Lakes. Application and license forms from Eagan are attached. The
city clerk and police chief are comfortable with the use of similar forms .
Two actions for adoption are required: A motion to adopt the ordinance and
a motion to adopt the resolution establishing the fee. The ordinance would
become effective upon publication.
RECONIlylENDED ACTION: Motion to approve AN ORDINANCE�RELATING TO THE
LZCENSING OF PEDDLERS, SOLICITOR5, AND TRANSIENT MERCHANTS AND PROVIDTNG
PENALTIES FOR VIOLATIONS THEREOF. Motion to approve A RESOLUTION
SETTING THE LICENSE FEE FOR PEDDLERS, SOLICITORS, AND TR.ANSIENT
MERCHANTS.
COUNCIL ACTION:
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, ,
CITY OF ROSEMOUNT
DAKOTA COUNTY, l���t1VESOTA
. ORDINANCE NO. XVI.24
AN ORDINANCE RELATING TO THE LICENSING OF FEDDLERS,
SOLICITORS, AND fiR,ANSIENT MERCHANTS AND PROVIDING
PENALTIES FOR VIOLATION THEREOF
The City Council of the City of Rosemount, Dakota County, Minnesota does hereby
ordain as follows:
SECTION l. Pur,�ose. This Ordinance 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 ordinance 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 natural persons who, though they represent lawful
businesses and organizations, use such illegitimate solicitation
practices.
SECTION 2. Definitions. For the purpose of this Ordinance, the terms defined
herein shall have the following meanings:
A. "Peddler° means any persons who goes from house to house,
from place to place, or from street to street, conveying or
transporting goods, wares or merchandise or offering or
exposing the same for sa1e, or maki.ng sales and delivering
articles to purchasers.
B. "Solicitor" means any person who goes from house to house,
from place to place or from street to street, solicitia�g 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 helshe is calleeting advance
payments on such orders. Such definition includes any person,
who or himself/herself, or another persons, firm or carporation,
hires, leases, uses or occupies any building, motor vehicle,
structure or other place within the City for the primary purpose
of exhibiting samples and taking orders for future delivery.
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C. "Transient Merchant" means any person, individual,
copartnership and corporation, both as principal and agent, wha
engage in, do, or transact any temporary and transient business
in this state, either in one Iocality 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, structure, vacant lot, or railroad car
for the e�chibition 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 or
more sellers or exhibitors.
SECTION 3. License Required. �t is unlawful for any peddler, solicitor or
transient merchant to engage in any such business within the City of
Rosemount without first having obtained a license from the city clerk
in compliance with the pravisions of this chapter, except those
specifically excluded by Section 4.
SECTION 4. Exclusions. No person shall be required to obtain a license in the
following instances: ��e.s� �'0 2 �u.6�Pw�u. C� ;
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 cornmodities 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 30952 as a charitable organization or
exempted pursuant to the provisions of Minnesata Statutes
309.515, provided dacumentation is filed with the city clerk
giving the following information:
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(1) Name and address of the organizatian;
(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;
(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 M.S. 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.
SECTION 5. A�lication. 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 a11 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 af 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 lieensed 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 sarne 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 saie by
applicant, the invoice value and quality of such goods, wares,
3
and merchandise, whether the same are proposed to be sold
from stock in possession or by sample, at auction, by direct
sa1e, or by taking orders far future delivery.
I. The drivers license number of the applicant and all persons
listed in subparagraph A above.
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 xhe lease for such place or a
letter signed by the owner thereof authorizing the use.
SECTION 6. Investigation and Insurance.
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 iicense 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
invoiving moral turpitude or a violation of Minnesota Statutes,
Chapter 329, or of this ordinance.
SECTION 7. Duration of License. All licenses issued pursuant to this article shall
expire at midnight of Deeember 31st in the year when issued.
SECTION 8. License Fees. Fees shall be set from time to time by City Council
resolution.
SECTION 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 locatior�.thereon, nor sha11 any be permitted to 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.
SECTION 10. Exhibition 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,
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conspicuously posted in su�h merchant's place of business. Such
license shall be shown at the request of any citizen.
SECTION 11. Prohibited Practices. No person under this ordinance shalL•
A. Sell or solicit before the hours of 9 a.m. or after 9 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 1/2 inch 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-wa� for the purpose of advertising and/or conduchng
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.
SECTION 12. Revocation of License. Licenses issued under the provisions of this
ordinance may be revoked by the council of the City of Rosemount
after notice and hearing for any of the following causes:
A. Fraud, misrepresentation, or incorrect statement contained in the
application for license.
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 ordinance.
D. Conviction of any crirne 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.
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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 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
days prior to the date set for hearing.
SECTION 13. A�eal. 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 6 of
this ordinance may appeal to the council. Such appeal shall be taken
by filing with the council within fourteen 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 I2 af this
ordinance for notice of hearing on revocation.
SECTION 14. Rea,p�lication. No licensee whose license has been revoked shall
make further. application until at least six manths have elapsed since
the last previous revocation.
SECTION 15. Penaltv. Any person who violates any provision of this ordinance is
guilty of a misdemeanor and upon conviction thereof shall be
punished by a fine not exceeding $700 or by imprisonment for a
period not exceeding 90 days or both, plus in either case, the costs of
prosecution.
SECTION 16. This ordinance shall be effective immediately upon its passage and
publication.
ADOPTED this day of June, 1993.
E. B. Mcl�Ienotny, Mayor
Susan M. Walsh, City Clerk
Published this day of June, 1993 in "Dakota County Tribune."
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April 13, 1993
To: John Miller
This is a request for the presentation of the vendor
ordinance to be set before council, and the very earliest
date.
Thar�C;l you,
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Comnittee Chair
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ATTA�ti A CpMP�.ETE k,.lSY OF ALL SOLICRORS,INGUJDING EACH PERS�ON'$FtiLL NAME(fiRST,MIt1DLE,t.AB'I��►D�RE3S
(STREf�,GtM,£TATE,ZII�,pHONE NUMBER,AI�tD Dr1TE OF BIRTFtj.EAGM SQUCtT'QR MlI�S7 GOMPLETE ANp$iGiN A CONSENT
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TME APPUCAN'T. THE REGtSTRAT{ON MAY BE EFFECTNE MMEN THE FQREGOING INN�STIGA711�1i t$
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i SWEAa ANb A77E$T Tq TME FAC'Y'?'FlAT"f MiE PRECEDlNfi INFORMATION iS
TAl1E AND CrDiiRECT,TO THE 9EST OF MY ICl�lOWlEDGE !ALSO QiV�I�A'Y
PCRMtg�ION TO IMIESTlG�T'E MiY OR ALi.Of'1'ti�PERSOFiS L257'EQ�AS .
D�EMEp NECE8SARY BY TME CITY. -
Sit3NATURE OF/1PPUCANT ; pAT�
POUCE APPR4VAI,. DATE (7FF1GE�F THE�ITY qFRK APPFiOVAL , DATE
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CITY OF EAGAN �
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res�ding et _
address c[ty sta�e ztp
drivers #icense # date Qf blrt�
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�uthorize the Eagan Police Tfepartment ta disclose to the Esgs�!Gfty Administrs�r snd the
Eagan City Councjt all informatian cottec�ed as a r�sult of the ba�kground [a estigation
d�ne far the purpvse vf evgtuating the attachetl Iicense �tpplicetion.
I understsnd that failure to provide this release wttl result �n a d�nial of my
�PP�ir�tion. �
t understan�d th�t my records are sabject to state data ptsctices act&became
public doruments unless othenvise provided for by stsfe or federgt l�w. I atsa nderstand
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that i may revoke this consent at any time except to the ext�nt #hat action has been taken
in reiiance Qn it and Xhat in any event, the consent expires �utamatically as described
below•.
Cqnsent expires
(expirativr t19te)
I
(Natsrize8 signature of in�ivjdua�
SIIE�IOTjZ�IIg TE��RSS)
� Executed th'ss day of , ��_•
ritot�ry � ;
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CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 1993-
A RESOLUTION SETTING THE LICENSE FEE FOR PEDDLERS,
SOLICITORS AND TRANSIENT MERCI�[ANTS
WI3EREAS, the City Council of the City of Rosemount adopted Ordinance No.
XVI.24 to regulate the business activities of peddlers, solicitors and transient
merchants; and
WHEREAS, licenses are required of such business operations; and
WHEREAS, Ordinance No. XVI.24 allows for the City Council to set license fees
by resolution.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of
Rosemount hereby establishes the fee for licenses issued under Ordinance No. XVI.26
in the amount of Fifty ($50.00) Dollars.
ADOPTED this 1 st day of June, 1993.
E. B McMenomy, Mayor
ATTEST:
ti
- ��.
Susan M. Walsh, City Clerk
Motion by: Seconded by:
Voted in favor:
Voted against: