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s `go from place to place to sell goods interstate commerce amount to an
<br /> that are delivered at the time of sale. ( undue burden on interstate commerce
<br /> Solicitors,also known as canvassers,go and therefore violate the U.S.Constitu- w
<br /> from place to place to obtain orders for tion. Solicitors of purely Minnesota W flatdo
<br /> goods or services that are to be deliv- made products would appear eligible
<br /> ered or performed at a later time,or to for licensing as they would not be all these
<br /> collect donations. Transient merchants involved in interstate commerce.
<br /> are generally persons who sell their Other cases,however,indicate that to • ip
<br /> • •merchandise from a vehicle or other require different requirements for lll��ca ties
<br /> portable shelter,or from an empty different people conducting essentially
<br /> storefront,and who do not intend to the same business for the purpose of
<br /> remain in business at any one location controlling a nuisance amounts to have 4
<br /> for more than a temporary period of arbitrary,and thus unenforceable,
<br /> time,usually no more than a few weeks. regulations.
<br /> Exempt specific groups from the -- Provide Due Process. Licenses must onamon.
<br /> definitions. The courts have held that be issued as quickly as possible.
<br /> ,,,
<br /> those who make initial contacts with Anyone denied a license should be
<br /> property owners or occupants for the informed of the reason for denial and
<br /> purpose of establishing a regular of any right to appeal the decision
<br /> delivery route,as well as people making through the city or ultimately in 4 s.deliveries to customers on a regular district court. These provisions should
<br /> route,are not the type of nuisances be clearly spelled out in the city's
<br /> intended to be defined and regulated ordinance. •
<br /> by peddler,solicitor,and transient Exempt certain peddlers and
<br /> merchant regulations. Likewise, transient merchants from licensing.
<br /> wholesalers making direct sales to The Minnesota State Constitution •
<br /> retailers,have also been exempted prohibits the licensing of farmers •
<br /> from the definitions of peddlers, selling the products of their own farms. ''q • •••i.
<br /> •
<br /> solicitors,and transient merchants. The caselaw discussed above about •
<br /> Differentiate between licensing and imposing different requirements on •
<br /> •
<br /> registering. Licensing is a formal different people conducting essentially • . •
<br /> process involving an application,a fee, the same business,has made it clear • •
<br /> and the right of the council to grant or that a city also can not license anyone
<br /> refuse the license. A background who re-sells any product purchased
<br /> check is common before a license is from an exempt farmer. In addition,
<br /> granted. Registration is the simple anyone going place-to-place for the
<br /> process of recording a person's name primary purpose of exercising their Software solutions and
<br /> and any other pertinent information general state or federal constitutional
<br /> the council believes necessary to ensure rights should not be licensed because, support services from
<br /> the good faith of the registering party. as with the commerce clause,licensing
<br /> No fees are involved with registrations imposes undue burdens on these Precision Computer
<br /> and the whole process should only take constitutional rights. Systems,
<br /> a few minutes instead of several days. Most of the existing caselaw involves
<br /> Only require licenses of peddlers people who were exercising First PCS provides software solutions for
<br /> and transient merchants. Even though Amendment rights by distributing
<br /> the statutes authorize the licensing of religious or political information and municipalities throughout Minnesota
<br /> solicitors,caselaw dictates that they not pamphlets. The fact that a small fee or and the Midwest, including
<br /> be licensed. The courts'concern is the contribution may be requested for the budgetary,accounting, payroll,
<br /> impact of local regulations on inter- pamphlets has not been enough to inventory, utility billing and others.
<br /> state commerce. Because peddlers and remove the constitutional protection. Call for more information.
<br /> transient merchants have their goods in The courts have indicated that these Discover why municipalities across
<br /> the state before they are sold, the chain groups could lose their exemption for Minnesota rely on PCS every day.
<br /> of interstate commerce has ended and the sale of books or other goods sold If you haven't looked at PCS lately,
<br /> licensing has no impact on it. Solici- only for revenue raising purposes,or if maybe it's time you did.
<br /> tors,however,make their sales before professional fund raisers were used.
<br /> obtaining their goods. If the goods are It has been a common practice for
<br /> subsequently shipped from another cities to also exempt all non-profit
<br /> state,the chain of interstate commerce organizations,and some cities have %`'
<br /> remains unbroken. The courts have inquired about exempting minors from
<br /> held that formal licensing procedures their regulations. Such practices,while ��
<br /> and fees for solicitors involved in of good intention,could put a city at
<br /> PCS
<br /> CONTINUED ON PAGE 34 Precision Computer Systems
<br /> 4501 S.Technology Dr.,Sioux Falls,SD 57106
<br /> 1.800-643-8831
<br /> tit'?,NESOTA CITIES ! APRIL 199 *t"*" - -w- ,a 33
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