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2002 - PUD agreement and transient merch. lic.
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2002 - PUD agreement and transient merch. lic.
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Last modified
8/22/2023 4:56:16 PM
Creation date
1/15/2020 1:37:42 PM
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x Address Old
House Number
2350
Street Name
Wayzata
Street Type
Boulevard
Street Direction
West
Address
2350 Wayzata Boulevard West
Document Type
Correspondence
PIN
3411823220014
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and some cities have inquired about exempting minors from their regulations. Such <br /> practices, while of good intention, could put a city at risk. Such a provision could be <br /> challenged on the grounds that it once again treats people differently for doing <br /> essentially the same thing. While homeowners may not be as upset by a member of a <br /> non-profit organization selling candy ringing their doorbells as they are by vacuum <br /> cleaner salespeople, the courts have generally looked at the act of going place-to-place <br /> itself as the nuisance, not the product being sold. If the sale itself is secondary to <br /> expressing the belief of the group, then the constitutional rights exception would apply <br /> and no special exception would apply. If the sale is primarily commercial in nature, <br /> which the sale of candy etc. could easily be found to be, then upholding a <br /> classification's exemption would depend on the city being able to convince the courts <br /> that place-to-place sales by minors or non-profit groups is somehow different from <br /> similar sales by adults and regular businesses and therefore is not a nuisance. Given <br /> the tone of existing caselaw, it could be difficult to convince the courts of this <br /> distinction. Of course, rather than license each person, one license could be granted <br /> to the group. <br /> -- Require solicitors and license-exempt peddlers and transient merchants to <br /> register. Because registration is a simple process and no fee is charged, the courts <br /> have said that requiring solicitors and otherwise exempt peddlers and transient <br /> merchants to register does not have an undue burden on interstate commerce or other <br /> constitutional rights. Registration does help a city track those involved in such <br /> business practices and reduces the risk of scam artists as the city will know who each <br /> person is and how to contact them should a citizen have a complaint. <br /> -- Green River or modified Green River ordinances. A Green River ordinance, <br /> named for the city where it was first used and upheld, declares it to be a nuisance for <br /> any person to go onto the property of another for the purpose of peddling or <br /> soliciting, without first being invited to do so by the land owner or tenant. Such an <br /> ordinance is not applicable to regular route deliveries, and probably could not be <br /> enforced against otherwise valid exercises of Constitutional rights. In addition, there <br /> are questions as to the applicability of such an ordinance to non-residential settings, <br /> although it probably is ok. Further, the nuisance created under a Green River <br /> ordinance has been held to be a private nuisance meaning enforcement is basically up <br /> to the affected land owner or tenant. <br /> A modified Green River ordinance makes it a trespass to enter onto any property, <br /> whether residential or not, for the purpose of soliciting or peddling, where the land <br /> owner has posted a sign stating to the effect "No Peddlers or Solicitors". One <br /> advantage of this provision is that it applies everywhere a posting is made, is <br /> enforceable against all peddlers and solicitors, including those involved in interstate <br /> commerce and those attempting to exercise Constitutional rights, as the prohibition is <br /> actually made by the private land owner or tenant and not a governmental agency. In <br /> fact, the provision should be enforced equally to avoid legal challenges of favoring <br /> otherwise protected groups or persons. This approach also allows for criminal <br /> prosecution of violators for trespass. <br />
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