HomeMy WebLinkAboutOrd #058-3rd Ser/Amending code re: peddlers/solicitors r �
ORDINANCE NO. 58
CITY OF ORONO
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE AMENDING CHAPTER 30 OF THE ORONO CITY CODE
CONCEItNING PEDDLERS AND SOLICITORS
THE CITY COUNCIL OF THE CITY OF ORONO, MINNESOTA ORDAINS:
SECTION 1. Chapter 30,Peddlers and Solicitors, of the Orono City Code is amended
by adding the underlined language and deleting the s�lc��e�gl�language:
ARTICLE I. IN GENERAL
Sec. 30-1. Puraose.
The Citv Council finds that hawkers, peddlers, solicitors and transient merchants bv virtue
of the temporarv nature of their business and the lack of permanent location for their operations
present unique consumer protection problems In order to protect the health safetv and welfare
of the communitv and pursuant to the authoritv granted bv Minnesota Statutes section 329 15
the City of Orono herein licenses and re�ulates all hawkers peddlers solicitors and transient
merchants operating within the Cit�purpose of this chapter of the City Code is to prevent
fraud and criminal activity, such as burglary theft and assault and to nrotect the nrivacy of
residents in their homes bv re uiring hawkers,peddlers solicitors and transient merchants to be
licensed and to impose restrictions on their operations within the Citv that are narrowly tailored
to address the risks these operations pose to the nublic health safetv and welfare It is not the
purpose of this ordinance to burden interstate commerce or interfere with constitutionally
protected ri�hts under the First Amendment of the United States Constitution or Art. I Section 3
of the Minnesota Constitution.
ne .�-i Sec. 30-2. Definitions.
Except as may otherwise be provided or clearly implied by context, all terms shall be
given their commonly accepted definitions. For the purpose of this chapter, the following
definitions shall apply unless the context clearly indicates or requires a different meaning.
Canvasser means a person who gee�-�9�e�e-�e na�, a^� * a ,'� *
, , ,
, , , �
,
, .
�
�e��=�. .��� � `�e-�ke-�e�e�c�e�attempts to make personal contact
with a resident at his/her residence without specific invitation or appointment from the resident
iss3a2 1
}
for the rimar�purpose of(1) attem t�in�to enlist support for or against a particular reli i� on
philosonhv, ideolo�v, political�artv issue or candidate even if incidental to suchpurpose the
canvasser accents the donation of money for or aQainst such cause or(2) distributin�a handbill
or flver advertising a non-commercial event or service.
Goods means any tangible thing of value,but not including money, things in action or
intangible personal property other than merchandise certificates or coupons. The term includes
such chattels as are furnished or used at the time of sale or subsequently in the modernization,
rehabilitation, repair, alteration, improvement or construction of real property so as to become a
part of such property whether or not severable from such property. The term also includes
merchandise certificates or coupons, issued by a retail seller, not redeemable in cash and to be
used in their face amount in lieu of cash, in exchange for goods or services sold by such seller.
Hawker means a person who goes from house-to-house, door-to-door,business-to-
business, street-to-street, or any other type of place-to-place, for the purpose of offering for sale,
displaying or exposing for sale, selling or attempting to sell, and delivering immediately upon
sale, the goods, wares, products, merchandise, other personal property that the person is carrying
or otherwise transporting. The term hawker shall mean the same as the term "peddler."
Peddler means a person who goes from house-to-house, door-to-door, business-to-
business, street-to-street, or any other type of place-to-place, for the purpose of offering for sale,
displaying or exposing for sale, selling or attempting to sell, and delivering immediately upon
sale, the goods,wares,products, merchandise, other personal property that the person is carrying
or otherwise transporting. The term peddler shall mean the same as the term "hawker."
Person means any natural individual, group, organization, corporation,partnership or
association. As applied to groups, organizations, corporations, partnerships and associations, the
term shall include each member, officer, pariner, associate, agent or employee.
Regular business day means any day during which the city hall is normally open for the
purpose of conducting public business. Holidays defined by state law shall not be counted as
regular business days.
Services means work, labor or services of any kind.
Solicitee means a person who is solicited.
Solicitor means a person who goes from house-to-house, door-to-door, business-to-
business, street-to-street, or any other type of place-to-place, for the purpose of obtaining or
attempting to obtain orders for goods, wares,products, merchandise, other personal property or
services of which he or she may be carrying or transporting samples, or that may be described in
a catalog or by other means, and for which delivery or performance shall occur at a later time.
The absence of samples or catalogs shall not remove a person from the scope of this provision if
the actual purpose of the person's activity is to obtain or attempt to obtain orders as discussed
above. T'��*�-� ����� m�-t�-s�P-.�s�.�e+���e�-This definition also includes anv
person who, without invitation o�es upon np �vate propertv to request contribution of funds of
an n�of value or sell �oods or services for political charitable religious or other non
commercial purposes.
138342 2
< <
Transient merchant means any person engaging in transient merchant activities.
Transient merchant activities means the act of engaging in any temporary, intermittent, or
transient sales or exchanges of any goods, wares or services to other businesses by setting up an
outdoor stand or structure,by using any truck, automobile or any other vehicles, or by using an
empty store front for such purposes at any point or place in the city.
�ee�8-3 Sec. 30-3. Exceptions to definitions.
(a) For the purpose of the requirements of this chapter, the terms peddler, solicitor,
and transient merchant shall not apply to any person selling or attempting to sell
at wholesale any goods, wares, products, merchandise or other personal property
to a retailer of the items being sold by the wholesaler. The terms also shall not
apply to any person who makes initial contacts with other people for the purpose
of establishing or trying to establish a regular customer delivery route for the
delivery of perishable food and dairy products such as baked goods and milk, nor
shall they apply to any person making deliveries of perishable food and dairy
products to the customers on his or her established regular delivery route.
(b) In addition,persons conducting the type of sales commonly known as garage
sales, rummage sales, or estate sales, as well as those persons participating in an
� organized multi-person bazaar or flea market, shall be exempt from the definitions
of peddlers, solicitors, and transient merchants, as shall be anyone conducting an
auction as a properly licensed auctioneer, or any officer of the court conducting a
court-ordered sale. �"�""'+'^" �'�m thrir�n£nitinnr fn +� �'+1..' 1., +
r y +r�=.�spccr
(cl This ordinance does not a�plv to children age seventeen(17 or younger
solicitin� for school-sponsored activities or for charitable or�anizations
(d) Exemption from the definitions for the scope of this chapter shall not excuse any
person from comnlvin�with any other applicable statutor�provision or this
chanter.
Dee�A-�Sec. 30-4. Prohibited activities.
No peddler, solicitor or transient merchant shall conduct business in any of the following
manners:
(1) Calling attention to his or her business or items to be sold by means of
blowing any horn or whistle, ringing any bell, crying out, or by any other noise,
so as to be unreasonably audible within an enclosed structure.
(2) Obstructing the free flow of either vehicular or pedestrian traffic on any
street, alley, sidewalk or other public right-of-way.
(3) Conducting business in a way so as to create a threat to the health, safety and
welfare of any individual or the general public.
(4) Conducting business before 8:00 a.m. or after 8:00 p.m.
138342 3
(5) Failing to provide proof of license and/or identification, when requested; or
using the license of another person.
(6) No peddler, solicitor, or transient merchant shall claim to have the
endorsement of the city solely based on the city having issued a license to that
person.
(7) Transient merchant activities can only be conducted on commercially zoned
properties.
(8) Remaining on the property of another when requested to leave, or to
otherwise conduct business in a manner a reasonable person would find obscene,
threatening, intimidating or abusive.
ne�-3A-4 Sec. 30-5. Exclusion by placard.
No canvasser,peddler, solicitor or transient merchant,unless invited to do so by the
property owner or tenant, shall enter the property
b�Pss-�oQa=�Y, ��,;�;+�r^r*r�-��• * '� + � where the properly is marked with a
sign or placard with the words "Peddlers or Solicitors Prohibited" or other comparable statement.
No person other than the property owner or tenant shall remove, deface or otherwise tamper with
any sign or placard under this section.
�eE-383 Sec. 30-6. Violation a misdemeanor.
Every person violates a section, subdivision, paragraph or provision of the chapter when
he performs an act thereby prohibited or declared unlawful, or fails to act when such failure is
thereby prohibited or declared unlawful, and up conviction thereof, shall be punished as for a
misdemeanor except as otherwise stated in specific provisions hereof.
Secs.3A-�30-7-30-35. Reserved.
ARTICLE II. LICENSE *
Sec. 30-36. Licensing; exemption.
(a) County license required. No person shall conduct business as a peddler, solicitor
or transient merchant within the city limits without first having obtained the appropriate
license from the county if the county licenses peddlers, solicitors or transient merchants.
(b) City license required. Except as otherwise provided for by this chapter, no person
shall conduct business as ei�ke�a peddler,solicitor, or a transient merchant without first
having obtained a license from the city. ���Canvassers need not be licensed.
Sec. 30-37. Application.
Application for a city license�� ;,;,�����*'�••�;„��� � �aa��� r*--�r�;�r*� --����� shall
� "
be made at least 14 regular business days before the applicant desires to begin conducting
138342 4
business within the citv.
. Each individual seekin�to conduct business as a peddler, solicitor, or
transient merchant shall complete an application. Application for a license shall be made on a
form nrovided bv the city clerk and shall include the following information:
(1) Applicant's full legal name.
(2) All other names under which the applicant conducts business or to which
applicant officially answers.
(3) Full address of applicant's permanent residence.
� (4) Telephone nuxnber of applicant's permanent residence.
(5) Full legal name of any and all business operations owned,managed or
operated by applicant, or for which the applicant is an employee or agent.
(6) Full address of applicant's regular place of business (if any).
(7) Any and all business-related telephone numbers of the applicant.
(8) The type of business for which the applicant is applying for a license.
(9) The dates during which the applicant intends to conduct business (maximum
ten days).
(10) Any and all addresses and telephone numbers where the applicant can be
reached while conducting business within the city, including the location where a
transient merchant intends to set up business.
(11) A statement as to whether or not the applicant has been convicted within the
last five years of any felony, gross misdemeanor, or misdemeanor for violation of
any state or federal statute or any local ordinance, other than traffic offenses,
(12) A list of the three most recent locations where the applicant has conducted
business as a peddler, solicitor or transient merchant.
(13) Proof of any required county license.
(14) The current address of the a�plicant and addresses for five years immediatelv
preceding the date of application.
(15) Whether the applicant has been the subject of an investi ation by any
consumer nrotection a�ency, state attorney general better business bureau or
similar �roup, and if so, the type of investigation the date of the investigation the
a�encv or office conducting the investigation and the outcome.
138342 $
(16) Whether the a�plicant or anv of its agents emplovees or sub-contractors
has applied for a license pursuant to Minnesota Statutes chapter 326
�17) An executed data rivacy advisory and consent form authorizin�the
release of criminal historv information from each of the applicant's officers
partners, em�lo eY es, agents, and subcontractors.
{�4�- 18 Written permission of the property owner or the property owner's agent
for any property to be used by a transient merchant.
(�5-} 19 A general description of the items to be sold or services to be provided.
(� 20 All additional information deemed necessary by the city council.
{� 21 One of the following valid forms of legal identification of the applicant:
a. Driver's license or identification card issued by Minnesota, another
state, or a province of Canada, and including the photograph and date of
birth of the licensed person;
b. A military identification card issued by the United States Department
of Defense;
c. Passport issued by the United States; or
d. In the case of a foreign national,by a valid passport.
An expired photo ID will be accepted only with valid temporary permit showing
renewal of ID is in process.
(�S3 22 The license plate number, registration information and vehicle
identification number for any vehicle to be used in conjunction with the licensed
business and a description of the vehicle.
Sec. 30-38. Fee.
All applications for a license under this chapter shall be accompanied by the fee
established in the ordinance adopting the fee schedule, which may be amended from time to
time, except that anv solicitor takin�or attemptinQ to take orders to be filled by�oods wares or
merchandise delivered to the purchaser from other states shall not be required to pay a license
fee. No refunds shall be made on unused portions of licenses except by resolution of the citv
council.
Sec. 30-39. Bond.
All anplications for a solicitors license under this chapter shall be accom anp ied by a bond
in the nenal sum of one thousand dollars ($1 000) executed bv a suretv companv conditioned
u�on makin� a final delivery of the goods ordered or services to be nerformed in accordance
with the terms of such order, or failin�therein that the advance payment on such order be
refunded. Anv person iniured or dama�d bv the action of anv such solicitor shall have a ri t of
action on the bond for the recovery of monevs or dama�es or both
138342 (
Sc�-38-�g Sec. 30-40. Investigation, approval or disapproval.
(a) Upon receipt of the completed application and payment of the license fee, the city
clerk, within two regular business days, must determine if the application is complete. An
application is determined to be complete only if all required information is provided. If
the city clerk determines that the application is incomplete,the city clerk must inform the
applicant of the required necessary information that is missing. If the application is
complete, the city clerk must refer it to the chief of police, and by herlhim or other person
acting in his stead, investigate as to its truth, including background checks and criminal
historv necessary to verify the information provided with the application, and as to any
other factor which may result in a hazard or danger to persons or property. The chief of
police or designee shall have ten business days within which to investigate and make a
recommendation.
(b) If the chief of police or designee finds no past history of the applicant indicating
violations similar to those declared unlawful in this chapter, and if she/he finds that to
grant the application is not likely to result in hazard or danger to persons or property, he
shall recommend issuing a license; and the city c�e�l� administrator or desi ee shall
issue a license, upon payment of the fee, to the approved applicant.
(c) If the chief of police or desi ee finds a past history of the applicant indicating
violations similar to those declared unlawful in this chapter, or if he finds that to grant the
application is likely to result in a hazard or danger to persons or property, he shall
recommend denial of the license. In all matters of recommended denial, the applicant
shall be forthwith so advised; and the application shall be refened to the council and
considered by it at its next regular or special meeting occurring more than ten days
thereafter. The applicant shall be afforded an opportunity to be heard at such meeting.
nec�8-49 Sec. 30-41. Duration.
�''`"�""'"' � �+� " '� '' a All licenses issued under this
1+ �1LL11��V lIpVT[�7pQ
chapter shall be valid for a maximum of ten days per calendar year. The city council at its sole
discretion may grant an extension for up to 50 additional days per calendar year upon application
for an extension.
n��.�=Sec. 30-42. License exemptions.
(a) Farm products. No license shall be required for any person to sell or attempt to
sell, or to take or attempt to take orders for, any product grown,produced, cultivated, or
raised on any farm.
(b) Canvassers. No license, shall be required of any person going from house-to-
house, door-to-door,business-to-business, street-to-street, or any other type of place-to-
place when the activity is for the purpose of exercising that person's state or federal
Constitutional rights such as the freedom of speech, press, religion and the like, except
that this exemption may be lost if the person's exercise of Constitutional rights is merely
incidental to a commercial activity.
138342 ]
(c) Exempt Organizations. No license shall be required of any person g�
, , , ,
Y�'L �� Y:���•��''�"' *'"� ��*�•��*_��� solicitin�for a charitable, religious,political or
V YY lIVll
educational organization if such organization is registered with the secretary of state
pursuant to the provisions of Minn. Stat. § 309.52 as a charitable organization or is
exempted therefore pursuant to the provisions of Minn. Stat. § 309.515,
tt�o o..��o..��.• •a �� ,.c+�. •� •
..,....,.. ...� ip-urc-i�o�nzcn
(d) Professional fundraisers working on behalf of an otherwise exempt group shall
not be exempt from the licensing requirements of this chapter.
nec:39-4� Sec. 30-43. License ineligibility.
The following shall be grounds for denying a license under this chapter:
(1) The failure of the applicant to obtain and show proof of having obtained any
required county license.
(2) The failure of the applicant to truthfully provide any of the information
requested by the city as a part of the application, or the failure to sign the
application, or the failure to pay the required fee at the time of the application.
(3) The conviction of the applicant within the past five years from the date of the
application for any violation of any federal or state statute or regulation, or of any
local ordinance, which adversely reflects on the person's ability to conduct the
business for which the license is being sought in an honest and legal manner. .
Those violations shall include,but not be limited to,burglary, theft, larceny, drug,
swindling, fraud, unlawful business practices, and any form of actual or
threatened physical hann against another person.
(4) The revocation within the past five years of any license issued to the applicant
for the purpose of conducting business as a peddler, solicitor or transient
merchant.
(5) The applicant is found to have a history of poor business practices. Evidence
of a history of poor business practices shall include, but not be limited to, the
existence of more than three complaints against the applicant with the better
business bureau, the attorney general's office, or other similar business or
consumer rights office or agency,within the preceding 12 months, or within the
preceding five years.
Sec. 30-44. License Certificate.
�a) Unon the �rantin�of a license the city clerk shall issue to each individual
emplovee, a�ent renresentative or salesnerson a license certificate Such license certificate
shall contain a photoQraph of such emplo ey e a e�nt representative or salesperson hislher name
a�e, address, a brief phvsical description the name of the supplier for whom he/she is an
emplovee, a�ent representative or salesnerson and the trade or brand name of its oods or
138342 $
services bein� sold or nromoted bv him/her. On the license certification shall be printed the
word"solicitor,""peddler."or"transient merchant"the valid dates of the license and the
license certificate number registered with the citv clerk Everv solicitor licensed hereunder shall
have his/her license certification upon his/her nerson at all times while en�aged in solicitation
and shall exhibit the same in plain view.
(b) In the case of a license issued to an organization under this chapter such license
shall authorize anv member of such or�anization or anv dulv authorized volunteer worker the
ri�ht to solicit for said organization provided that each such member or volunteer worker shall
be required to have a license certificate in his or her possession as provided for this in section
(c) Everv person reQuired to obtain a license under the vrovisions of this chapter shall
exhibit the license when requested to do so bv an�prospective customer or Cit e�lovee
ne�3A-43 Sec. 30-45. Suspension and revocation.
(a) Generally. Any license issued under this section may be suspended or revoked at
the discretion of the city council for violation of any of the following:
(1) Fraud,misrepresentation or incorrect statements on the application form.
(2) Fraud, misrepresentation or false statements made during the course of the
licensed activity.
(3) Conviction of any offense for which granting of a license could have been
denied under section�8-�4� 30-43.
(4) Violation of any provision of this chapter.
t7^�ncinnt mnr^��+++� � 1+ 1+ 1F ��L, l;..o„ �t,..,ll � r
�11L 11Vt �� �
1
�7'}�1eL..,1F,.4'�L.e 1:..e,��oo...1�,..,e t;�.e .a .7 1 .a
--- -- -- "- ---_ "__'..,..� .......... .........�.. ,o ouo ,
f s-}� Notice. Prior to revoking or suspending any license issued under this chapter,
except in an emergency situation as prescribed in subdivision(e) of this section, the city
shall provide the license holder with written notice of the alleged violations and inform
the licensee of his or her right to a hearing on the alleged violation. Notice shall be
delivered in person or by mail to the permanent residential address listed on the license
application, or if no residential address is listed, to the business address provided on the
license application.
(�-}� Public hearing. Upon receiving the notice provided in subdivision (c) of this
section, the licensee shall have the right to request a public hearing. If no request for a
hearing is received by the city clerk within the ten regular business days following the
service of the notice,the city may proceed with the suspension or revocation. For the
purpose of mailed notices, service shall be considered complete as of the date the notice
138342 9
is placed in the mail. If a public hearing is requested within the stated timeframe, a
heaxing shall be scheduled within 20 days from the date of the request. Within three
regular business days of the hearing, the city council shall notify the licensee of its
decision.
(e�� Emergency. If, in the discretion of the chief of police or other person acting in
his/her stead, imminent harm to the health or safety of the public may occur because of
the actions of a peddler or transient merchant licensed under this chapter, the chief of
police may immec�iately suspend the person's license and provide notice of the right to
hold a subseq�ent public hearing as prescribed in subsection(c) of this section.
{�}� Appeals. Any person whose license is suspended or revoked under this section
shall have the right to appeal that decision in court.
nee�9-44 Sec. 30-46. Transferability.
No license issued under this chapter shall be transferred to any person other than the
person to whom the license was issued.
SECTION 2. Effective date. This ordinance shall be effective upon approval and
publication.
ADOPTED by the City Council of Orono on this 27`h day of April, 2009 by a vote of
�ayes and 0 nays.
CITY OF ORONO
<
71it . fiJ�2.�
J es M. White, Mayor
ATTEST:
„ . �'/
E �� � - G��-Qi
Linda S. Vee, City Clerk
Published the week of May 7, 2009 in the Sun Sailor newspapers.
138342 1 Q