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JOflJ <br />• « <br />May a 7 <br />REQUEST FOR COUNCII ACTION O/ycwy <br />DATE: May 20,2003 <br />ITEM NO: 23 <br />Department Approval: <br />Name Lin Vee <br />Title City Clerk <br />Administrator Reviewed:Agenda Section: <br />City Administrator’s <br />Report <br />Item Description: Amend Orono Municipal Xode Section 5.30, Solicitors and Transient <br />Merchants - Ordinance <br />Attachment: 1. <br />2. <br />Orono Municipal Code Section 5.30, Solicitors and Transient Merchants <br />Draft Ordinance Amending Orono Municipal Code Section 5.30, Solicitors <br />and Transient Merchants <br />3. Draft Application <br />Background <br />The need to amend the City code regarding solicitors, peddlers and transient merchants is a result <br />of recent findings from Supreme court cases and changes to Minnesota State Statutes. Currently, <br />the City licenses business solicitors (transactions to sell or distribute goods or services), peddlers and <br />transient merchants. For contribution solicitors (attempts to obtain donations/money for a cause or <br />purpose), the City follows a registration procedure, which is much the same as licensing but no fees <br />are collected. <br />Derinitions <br />Our current code defines solicitor as “any person making the solicitation, including such common <br />terms as ‘peddler ’, ‘transient merchant’ and ‘canvasser’. However, peddlers, solicitors, and transient <br />merchants are not recognized by the courts as being the same, and it is important to understand the <br />differences. <br />Peddlers, also known as hawkers, go from place to place to sell goods that are <br />delivered at the time of sale. <br />Solicitors, also known as canvassers, go from place to place to obtain orders for <br />goods or services that are to be delivered or performed at a later time, or to collect <br />donations. <br />Transient merchants are generally persons who sell their merchandise from a vehicle <br />or other portable shelter, or from an emotv storefront, and who do not intend to <br />remain in business at any one location for more than a temporary period of time. <br />4. <br />5. <br />6. <br />Solicitors <br />The courts have held that formal licensing procedures and fees for solicitors involved in interstate <br />commerce amount to an undue burden on interstate commerce and therefore violate the Federal