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BUSINESS, LICENSING, LIQUOR REGULATION
<br />Sec. 4.04.490. Penalties.
<br />A violation of this article is a misdemeanor
<br />under state law. In addition, the city may impose
<br />a civil penalty in the amount of $1,000.00 for
<br />renting, leasing, or occupying a rental residential
<br />building or rental dwelling unit or part thereof
<br />without a license. Failure to pay civil fines or
<br />penalties may result in future license ineligibil-
<br />ity. Nothing in this article may be construed to
<br />limit the city's other available legal remedies for
<br />any violation of law. Each day that the property
<br />owner or license holder is in violation of this
<br />article constitutes a separate violation.
<br />(Code 2003, § 26-88; Ord. No. 204(3rd series),
<br />§ 1, 3-27-2018)
<br />CHAPTER 4.08. TEMPORARY
<br />SHORT-TERM MERCHANTS
<br />ARTICLE I. IN GENERAL
<br />Sec. 4.08.010. Purpose.
<br />The city council finds that hawkers, peddlers,
<br />solicitors and transient merchants, by virtue of
<br />the temporary nature of their business and the
<br />lack of permanent location for their operations,
<br />present unique consumer protection problems.
<br />In order to protect the health, safety, and welfare
<br />of the community and pursuant to the authority
<br />granted by Minn. Stats. § 329.15, the city herein
<br />licenses and regulates all hawkers, peddlers,
<br />solicitors, and transient merchants operating
<br />within the city. The purpose of this chapter is to
<br />prevent fraud and criminal activity, such as
<br />burglary, theft, and assault and to protect the
<br />privacy of residents in their homes by requiring
<br />hawkers, peddlers, solicitors and transient
<br />merchants to be licensed and to impose restric-
<br />tions on their operations within the city that are
<br />narrowly tailored to address the risks these
<br />operations pose to the public health, safety and
<br />welfare. It is not the purpose of this article to
<br />burden interstate commerce or interfere with
<br />constitutionally protected rights under the First
<br />Amendment of the United States Constitution or
<br />Minn. Const. art. I, § 3.
<br />(Code 2003, § 30-1; Ord. No. 58(3rd series), § 1,
<br />4-27-2009)
<br />Sec. 4.08.020. Definitions.
<br />§ 4.08.020
<br />Except as may otherwise be provided or clearly
<br />implied by context, all terms shall be given their
<br />commonly accepted definitions. The following
<br />words, terms and phrases, when used in this
<br />chapter, shall have the meanings ascribed to
<br />them in this section, except where the context
<br />clearly indicates a different meaning:
<br />Canvasser means a person who attempts to
<br />make personal contact with a resident at his/her
<br />residence without specific invitation or appoint-
<br />ment from the resident, for the primary purpose
<br />of:
<br />(1) Attempting to enlist support for or against
<br />a particular religion, philosophy, ideol-
<br />ogy, political party, issue, or candidate,
<br />even if incidental to such purpose the
<br />canvasser accepts the donation of money
<br />for or against such cause; or
<br />(2) Distributing a handbill or flyer advertis-
<br />ing a non-commercial event or service.
<br />Goods means any tangible thing of value, but
<br />not including money, things in action or intangible
<br />personal property other than merchandise
<br />certificates or coupons. The term "goods" includes
<br />such chattels as are furnished or used at the
<br />time of sale or subsequently in the moderniza-
<br />tion, rehabilitation, repair, alteration, improve-
<br />ment or construction of real property so as to
<br />become a part of such property whether or not
<br />severable from such property. The term "goods"
<br />also includes merchandise certificates or coupons,
<br />issued by a retail seller, not redeemable in cash
<br />and to be used in their face amount in lieu of
<br />cash, in exchange for goods or services sold by
<br />such seller.
<br />Hawker or peddler means a person who goes
<br />from house -to -house, door-to-door, business -to -
<br />business, street -to -street, or any other type of
<br />place -to -place, for the purpose of offering for
<br />sale, displaying or exposing for sale, selling or
<br />attempting to sell, and delivering immediately
<br />upon sale, the goods, wares, products,
<br />merchandise, other personal property that the
<br />person is carrying or otherwise transporting.
<br />Person means any natural individual, group,
<br />organization, corporation, partnership or associa-
<br />CD4:13
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