ORD 04-18ORDIINANCE NO.: 2004-18
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE REGULATING PEDDLERS, SOLICITORS AND TRANSIENT
MERCHANTS WITHIN THE CITY OF OTSEGO.
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. Chapter 7 of the Otsego City Code is hereby amended to
include the following Section:
SECTION 10
PEDDLERS, SOLICITORS, TRANSIENT MERCHANTS
Section:
7-10-1
Definitions
7-10-2
Licensing of Peddlers and Transient Merchants
7-10-3
License Exemptions
7-10-4
Ineligibility for License
7-10-5
Suspension and Revocation
7-10-6
Transferability
7-10-7
Registration Required
7-10-8
Transient Merchants Prohibited; Exceptions
7-10-9
Exclusions by Placard
7-10-10
Prohibited Activities
7-10-11
Identification
7-10-12
Penalty
7-10-1: DEFINITIONS: Unless otherwise expressly stated, whenever used
in this chapter, the following words shall have the meaning given to them by this
section:
PEDDLER: Any person who goes from dwelling to dwelling, 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, or
other personal property that the person is carrying or otherwise transporting. The
term "peddler" shall mean the same as the term "hawker".
PERSON: 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, partner, associate,
agent, or employee.
SOLICITOR: A person who goes from dwelling to dwelling, 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. The term "solicitor" shall mean the same as the term
"canvasser".
TRANSIENT MERCHANT: Any person who engages in any temporary and
transient business in this state, either in one locality, or in traveling from place to
place in this state, selling goods, wares, and merchandise; and who, for the
purpose of carrying on such business, hires, leases, occupies, or uses a building,
structure, vacant lot, or railroad car for the exhibition and sale of such goods,
wares, and merchandise. The term "transient merchant" does not include a seller
or exhibitor in a firearms collector show involving two (2) or more sellers or
exhibitors. (Ord. 2004-18, June 28, 2004)
7-10-2: LICENSING OF PEDDLERS AND TRANSIENT MERCHANTS:
A. County License Required: No person shall conduct business as a peddler
or transient merchant within the City limits without first having obtained
any license required by the county pursuant to Minnesota statutes chapter
329, as amended.
B. City License Required: Except as otherwise provided for by this chapter,
no person shall conduct business as either a peddler or a transient
merchant without first having obtained a license from the city. Within
seven (7) days after the expiration of a license the license must be
returned to the City.
C. City License Application: Application for a license to conduct business as
a peddler or transient merchant shall be made at least fourteen (14)
regular business days before the applicant desires to begin conducting
business within city limits. Application for a license shall be made on a
form provided by the City Clerk. All applications shall be signed by the
applicant. Any fraud, misrepresentation, or false statement on the
application shall constitute a violation of this Section. All applications shall
include the following information:
1. Applicant's full legal name, and any other names used or known by
in the past;
2. All other names under which the applicant conducts business or to
which applicant officially answers;
3. A physical description of the applicant (hair color, eye color, height,
weight, distinguishing marks and features, etc.);
4. Full address of applicant's permanent residence;
5. Telephone number of applicant's permanent residence;
6. Full legal name of any and all business operation(s) owned,
managed, or operated by applicant, or for which the applicant is an
employee or agent;
7. Full address of applicant's regular place of business (if any);
8. Any and all business related telephone number(s) of the applicant;
9. The type of business for which the applicant is applying for a
license;
10. The dates during which the applicant intends to conduct business
and the number of days he or she will be conducting business in
the city;
11. Any and all address(es) and telephone number(s) where the
applicant can be reached while conducting business within the city,
including the location where a transient merchant intends to set up
business;
12. A statement as to whether or not the applicant has been convicted
within the last five (5) years of any felony, gross misdemeanor or
misdemeanor, for violation of any state or federal statute or any
local ordinance, other than traffic offenses;
13. A list of the five (5) most recent locations where the applicant has
conducted business as a peddler or transient merchant;
14. Proof of any required county license;
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15. Written permission of the property owner or the property owner's
agent for any property to be used by a transient merchant;
16. A general description of the items to be sold or services to be
provided;
17. All additional information deemed necessary by the city council;
18. A list of all individuals to be covered by a group license;
19. Source of items sold and the item's location at the time of licensing
and time of sale;
20. License plate and registration information for any vehicle to be used
in conjunction with the licensed business and a description of the
vehicle;
21. Applicant's driver's license number or other acceptable form of
identification;
22. Recent passport style photograph of applicant;
23. Applicant's social security number.
D. License Fees: All applications for a license under this chapter shall be
accompanied by the fee established in the city's fee schedule as adopted
from time to time by resolution of the City Council.
E. Procedure: An application shall be determined to be complete only if all
required information is provided. If the City Clerk determines that an
application is incomplete, it shall inform the applicant of the information
required to be provided prior to issuance of a license. The City Clerk shall
review the application and order any investigation, including background
checks, necessary to verify the information provided with the application.
The City Clerk shall either approve or deny the license within seven (7)
regular business days. If the application is approved the license shall be
issued. If the application is rejected, the applicant shall be notified in
writing of the decision, the reason for the denial, and the applicant's right
to appeal the denial by requesting, within twenty (20) days of the date of
the denial, a public hearing to be heard by the city council within twenty
(20) days of the date of the request. The final decision of the city council
following the public hearing shall be appealed by petitioning the Minnesota
court of appeals for a writ of certiorari.
F. Duration: A license granted under this chapter shall be valid for up to
ninety (90) days in a calendar year. (Ord. 2004-18, June 28, 2004)
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7-10-3: LICENSE EXEMPTIONS: The licensing requirements of this
chapter shall not apply to:
A. Any person selling or attempting to sell, or to take or attempt to take
orders for, any product grown, produced, cultivated, or raised on any farm
or garden. Such person must comply with the City's zoning ordinance and
other applicable ordinances;
B. Persons exercising that person's state or federal constitutional rights,
except if that person's exercise of constitutional rights is merely incidental
to a commercial activity;
C. Persons selling personal property at wholesale to retailers;
D. Daily newspaper sales; or
E. Merchants or their employees delivering goods in the regular course of
business. (Ord. 2004-18, June 28, 2004)
7-10-4: INELIGIBILITY FOR LICENSE: The following shall be grounds for
denying a license or registration under this chapter:
A. The failure of the applicant to obtain and show proof of having obtained
any required county license;
B. 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 application;
C. The conviction of the applicant within the past five (5) years from the date
of 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 that will not adversely affect the health, safety, and
welfare of the residents of the City. Such violations shall include, but not
be limited to: burglary, theft, larceny, swindling, fraud, unlawful business
practices, and any form of actual or threatened physical harm against
another person; or
D. The revocation within the past five (5) years of any license issued to the
applicant for the purpose of conducting business as a peddler, solicitor, or
transient merchant.
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E. The failure of the applicant to return a prior license or registration to the
City within seven (7) days after its expiration. (Ord. 2004-18, June 28,
2004)
7-10-5: SUSPENSION AND REVOCATION:
A. City Council Action: Any license or registration issued under this chapter
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 license activity;
3. Conviction of any offense for which granting of a license could have
been denied under this chapter;
4. Violation of any provision of this chapter; or
5. Conducting the business in an unlawful manner or in such a
manner as to constitute a breach of the peace or to constitute a
menace to the health, safety, or general welfare of the public.
B. Notice: Prior to revoking or suspending any license issued under this
chapter, the City shall provide the license holder with written notice of the
alleged violation(s) and inform the licensee of the licensee's 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, the business address provided on the
license application.
C. Public Hearing: Upon receiving the notice provided in subsection B of this
section, the licensee shall have the right to request a public hearing. If no
request for a public hearing is received by the city within ten (10) 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 is placed in
the mail. If a public hearing is requested within the stated time frame, a
hearing shall be scheduled within twenty (20) days from the date of the
request. Within three (3) regular business days of the hearing, the city
council shall notify the licensee of its decision.
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D. Emergency: If, in the discretion of the City Clerk, imminent harm to the
health or safety of the public may occur because of the actions of a
peddler, solicitor, or transient merchant licensed or registered under this
chapter, the City Clerk may immediately suspend the person's license or
registration and provide notice of the right to hold a subsequent public
hearing as prescribed in subsection B of this section.
E. Appeals: Any person whose license is suspended or revoked under this
section shall have the right to appeal that decision in court. (Ord. 2004-
18, June 28, 2004)
7-10-6: TRANSFERABILITY: No license issued under this chapter shall
be transferred to any person other than the person to whom the license was
issued. (Ord. 2004-18, June 28, 2004)
7-10-7: REGISTRATION REQUIRED: All solicitors shall be required to
register with the City. Registration shall be made on the same form provided by
the City, but no fee shall be required. Immediately upon completion of the
registration form, the City shall issue to the registrant a certificate of registration
as proof of the registration. Certificates of registration shall be nontransferable.
Registration shall be valid for a period of up to ninety (90) days. Within seven (7)
days after the expiration of a registration the registration must be returned to the
City. (Ord. 2004-18, June 28, 2004)
7-10-8: TRANSIENT MERCHANTS PROHIBITED; EXCEPTIONS:
Transient merchants are specifically prohibited within the City except in the
following circumstances:
A. Transient merchants operating within a building;
B. The sale of plants, flowers or Christmas trees; and
C. Persons selling farm or garden products.
D. This chapter does not apply to persons selling personal property at
wholesale to retailers, to daily newspaper sales, to merchants or their
employees delivering goods in the regular course of business, or to a
person selling or peddling the products of the farm or garden.
E. Transient merchants that are not prohibited must comply with City's zoning
ordinance and any other applicable ordinances. (Ord. 2004-18, June 28,
2004)
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7-10-9: EXCLUSION BY PLACARD: No peddler, solicitor, or transient
merchant, unless invited to do so by the property owner or tenant, shall enter the
property of another for the purpose of conducting business as a peddler, solicitor,
or transient merchant when the property is marked with a sign or placard at least
three and three-quarter inches (3 3/4") long and three and three-quarter inches (3
3/4") wide with print of at least 48 -point in size stating "No Peddlers, Solicitors, or
Transient Merchants", or "Peddlers, Solicitors, and Transient Merchants
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. (Ord. 2004-18, June 28, 2004)
7-10-10: PROHIBITED ACTIVITIES: No peddler, solicitor, or transient
merchant shall conduct business in any of the following manners:
A. Obstructing the free flow of either vehicular or pedestrian traffic on any
street, alley, sidewalk, or other public right of way.
B. Conducting business in such a way as to create a threat to the health,
safety, or welfare of any individual or the general public.
C. Entering upon any residential premises for the purpose of carrying on the
licensee's or registrant's trade or business between the hours of eight
o'clock (8:00) P.M. and nine o'clock (9:00) A.M. of the following day,
unless such person has been expressly invited to do so by the owner or
occupant thereof.
D. Failing to provide proof of license or registration and identification when
requested or using the license or registration of another person.
E. Failing to wear or display the certificate of registration or licensure
provided by the City on the licensed or registered individual's outermost
clothing or to return the certificate to the City in accordance with the
requirements of this chapter.
F. Making any false or misleading statements about the product or service
being sold, including untrue statements of endorsement. No peddler,
solicitor, or transient merchant shall claim to have the endorsement of the
City solely based on the city having issued a license or certificate of
registration to that person.
G. 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.
:
H. Entering upon any premises or attempting to enter in or upon any
premises wherein a sign or placard bearing the notice "peddlers or
solicitors prohibited" or language similar thereto, is located.
I. Selling or soliciting sales by transient merchants from public property or
right of way or from private property unless they own the property or have
written permission from the owner. (Ord. 2004-18, June 28, 2004)
7-10-11: IDENTIFICATION:
A. All solicitors, peddlers and transient merchants must wear some type of
identification conspicuously showing their name and the organization for
which they are soliciting or peddling, must cant' their City and/or County
issued license or registration certificate when conducting the business or
activity required to be licensed or registered under this chapter, and must
wear or display on their outermost clothing the certificate of registration or
licensure provided by the City.
B. The certificate of registration or licensure issued by the City is the property
of the City of Otsego and must be returned to the City within seven (7)
days after the expiration date of the registration or license. Failure to do so
may result in prosecution and will result in the denial of any future license
or registration application for twelve (12) months. (Ord. 2004-18, June 28,
2004)
7-10-12: PENALTY: Violation of any provision of this chapter shall be a
misdemeanor. (Ord. 2004-18, June 28, 2004)
Section 2. This Ordinance shall be effective upon its adoption and
publication as provided for by Statue.
ADOPTED by the Otsego City Council this 28th day of June, 2004.
CITY OF OTSEGO
ATTEST,��X� &LM:
Judy Hud , Ci Jerk
Published: Elk River Star News-U-V,�-04
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