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, 40,_ , i , <br /> _NOW K ? 1 <br /> _ ____., ..___ _ _. ,Regulating merchants above and beyond the Because this is a highly litigated <br /> statutory requirement for them to matter,and because cities risk being <br /> peddlers obtain county licenses. M.S.412.221, held liable for federal penalties if they <br /> subd.19,echoes the provisions of adopt and try to enforce an unconstitu- <br /> solieitors and chapter 329 for statutory cities. Most tional regulation, cities should involve <br /> charters provide home rule charter their city attorney before adopting any <br /> transient cities with the same type of explicit regulation. Further,before a city <br /> authority. M.S.437.02 restates the decides it must do something,it should <br /> merchants authority to regulate and license balance the extent of its current or <br /> transient merchants in all cities. In potential problems against the risk of <br /> addition, the courts have held that litigation over any attempted enforce- <br /> KENT SULEM reasonable regulations of peddlers, ment of a regulation. Cities that <br /> solicitors,and transient merchants are decide they have to do something <br /> - valid exercises of a city's police powers should carefully consider the following <br /> ities have both statutory and in protecting the health, safety,and suggestions and develop regulations <br /> common law authority to welfare of the public against an activity similar to those that have either been <br /> regulate peddlers,solicitors, that can become a nuisance. While it is upheld in court or that are defendable <br /> and transient merchants. clear that cities can not totally ban if challenged. <br /> Minnesota Statutes,sections peddlers,solicitors,and transient Define all terms. Peddlers,solicitors, <br /> 329.06 and 329.15, grant merchants, it is not clear how far cities and transient merchants are not <br /> cities the right to regulate and license can go_in exercising their regulatory recognized by the courts as being the <br /> peddlers,solicitors,and transient authority. same. Peddlers,also known as hawkers, <br /> • First We Listen To What 111 <br /> GOLo . _ You Need. Then We Respond <br /> DUAL-WALL PIPE -;:;, <br /> Corrugated PE Pipe With Proven Solutions. <br /> with a • Roadways, Bridges & Traffic Engineering <br /> Smooth Interior • Transportation Planning <br /> • Wastewater Collection & Treatment <br /> 'STRONG • Water Supply, Storage& Distribution <br /> 'COST-EFFECTIVE • Water Treatment & Treatment Plant Operations <br /> 'DURABLE Storm Drain or p <br /> GOLDFLO'S light weight Culvert Applications • Surface Water Resources Management <br /> and superior strength • Architecture: Community Buildings of all types <br /> can lower total project I Manufactured in Minnesota I <br /> • Recreation Design:Parks,Aquatic Facilities&Ice Arenas <br /> costs by minimizing labor and machinery outlays,advancing • Hazardous Waste Investigations <br /> construction schedules and reducing downtime due to ad- <br /> verse weather. Easier to install in tight places. in Bonestroo <br /> Meets or exceeds AASHTO M 294 and ASTM F 667 Rosene <br /> and SCS 606 specifications. Anderlik& <br /> 111 <br /> Pf�l NSCO INC u <br /> Associates <br /> Prinsburg, Minnesota 56281 Engineers 6.Architects <br /> 1-800-992-1725 <br /> St.Paul Office:612-636-4600 IICall for a free catalog. J <br /> . .. <br />