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ORD 16-08ORDINANCE NO.: 2016-08 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE LICENSING PROVISIONS OF THE CITY CODE FOR PEDDLERS, SOLICITERS, TRANSIENT MERCHANTS THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Chapter 7, Section 10 of the City Code is hereby amended in its entirety to read as follows: 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". 7-1 PERSON: Any natural individual, group, organization, corporation, limited liability company, partnership, or association. As applied to groups, organizations, corporations, limited liability companies, 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, vehicle 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. 7-10-2: LICENSING OF PEDDLERS AND TRANSIENT MERCHANTS: A. 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. . B. 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. 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; 7-2 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 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. Written permission of the property owner or the property owner's agent for any property to be used by a transient merchant; 15. A general description of the items to be sold or services to be provided; 16. All additional information deemed necessary by the city council; 17. A list of all individuals to be covered by a group license; 18. Source of items sold and the item's location at the time of licensing and time of sale; 19. License plate and registration information for any vehicle to be used in conjunction with the licensed business and a description of the vehicle; 20. Applicant's driver's license number or other acceptable form of identification; 7-3 21. Recent passport style photograph of applicant; 23. Proof of any required State license for transient merchant activities (not applicable to door-to-door solicitations). 24. Written consent authorizing the City to request a criminal history background investigation in accordance with Chapter 2, Section 8 of the City Code. C. 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. D. Procedure: 1. An application shall be determined to be complete only if all required information is provided. If the City determines that an application is incomplete, it shall inform the applicant of the information required to be provided prior to issuance of a license. 2. The City shall review the application and order any investigation, including background investigations, necessary to verify the information provided with the application. a. Applicants for a license under this Section shall be subject to a criminal history background investigation, as required by Section 2- 8-4 of the City Code and processed in accordance with Section 2-8- 5 of the City Code. 3. The City shall either approve or deny the license within thirty (30) business days after receipt of a complete application. 4. If the application is denied, the applicant shall be notified in writing of the decision, the reason for the denial (including the provisions of Section 2-8- 6 of the City Code), and the applicant's right to appeal the denial by requesting, within seven (7) days of the date of the denial a hearing pursuant to Minnesota Statutes 14.57 to 14.69 to be heard by the the City Administrator, other designated staff or a hearing officer appointed by the City Council within thirty (30) days of the date of the request. The final decision of the City Council following the hearing shall be appealed by petitioning the Minnesota Court of Appeals for a writ of certiorari. (Ordinance 2013-08, adopted February 25, 2013). 7-4 E. Duration: A license granted under this chapter shall be valid until the end of the calendar year in which it is granted. 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 within the City. 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 or agents delivering goods in the regular course of business. 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 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 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. 7-5 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 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. Hearing: Upon receiving the notice provided in subsection B of this section, the licensee shall have the right to request a hearing. If no request for a c 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 shall notify the licensee of its decision. D. Emergency: If, in the discretion of the City , 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 may immediately suspend the person's license or registration and provide notice of the right to hold a subsequent hearing as prescribed in subsection B of this section. 7-6 E. Appeals: Any person whose license is suspended or revoked under this section shall have the right to appeal that decision in court. 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 7-10-7: REGISTRATION REQUIRED: All solicitors shall be required to register and be licensed by the City in accordance with the procedures set forth by Section 7-10- 2 of this Chapter. 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 local 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 or agents 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) 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. 7-10-10: PROHIBITED ACTIVITIES: No peddler, solicitor, or transient merchant shall conduct business in any of the following manners: 7-7 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. 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. 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 carry 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. 7-10-12: PENALTY: Violation of any provision of this chapter shall be a misdemeanor or a Code violation subject to Administrative enforcement. Section 2. This Ordinance shall become effective immediately upon its passage and publication. MOTION BY: Stockamp SECOND BY: Warehime ALL IN FAVOR: Stockamp, Warehime, Darkenwald, Heidner THOSE OPPOSED: None ADOPTED by the City Council of the City of Otsego this 9t" day of May, 2016. ATTEST: �4L — Tami Loff, City Clerk 7-9 CITY OF OTSEGO BY: Jessic L. Stockamp, Mayor SUMMARY OF ORDINANCE NO.: 2016-08 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE LICENSING PROVISIONS OF THE CITY CODE FOR PEDDLERS, SOLICITERS, TRANSIENT MERCHANTS THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Chapter 7, Section 10 of the City Code is hereby amended in its entirety to read as follows: 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 Section 2. This Ordinance shall become effective immediately upon its passage and publication. MOTION BY: Stockamp SECOND BY: Warehime ALL IN FAVOR: Stockamp, Warehime, Darkenwald, Heidner THOSE OPPOSED: None 7-1 ADOPTED by the City Council of the City of Otsego this 9th day of May, 2016. CITY OF OTSEGO BY: Jessica L. Stockamp, Mayor ATTEST: Tami Loff, City Clerk Pursuant to Minnesota Statutes 412.191, Subd. 4 and 331A.01, Subd.10, this Ordinance is published in summary form. Complete copies of the ordinance are available for inspection by contacting the Zoning Administrator/City Clerk, Otsego City Hall, 13400 901h Street NE, Otsego, Minnesota 55330 during regular office hours. 7-2 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF SHERBURNE Charlene Vold being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspaper(s) known as: Star News with the known office of issue being located in the county of: SHERBURNE with additional circulation in the counties of: WRIGHT and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for I successive week(s); the first insertion being on 05/14/2016 and the last insertion being on 05/14/2016. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By: tctJ Designated Agent Subscribed and sworn to or affirmed before me on 05/14/2016 by Charlene Vold. Notary Public DARLENE MARIE MACPHERSON Notary Public -Minnesota •; ..r; +� My Commission Explree Jan 31, 2010 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $23.00 per column inch Ad ID 547948 CITY OF OTSEGO COUNTY OF WRIGHT MINNESOTA SUMMARY OF ORDINANCE NO.: 2016-08 AN ORDINANCE AMENDING THE LICENSING PROVISIONS OF THE CITY CODE FOR PEDDLERS, SOLICITORS, TRANSIENT MERCHANTS THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Chapter 7, Sec- tion 10 of the City Code is hereby amended in its entirety to read as follows: 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 Section 2. This Ordinance shall become effective immediately upon its passage and publication. MOTION BY: Stockamp SECOND BY: Warehime ALL IN FAVOR: Stockamp, Warehime, Darkenwald, Heidner THOSE OPPOSED: None ADOPTED by the City Council of the City of Otsego this 9th day of May, 2016. CITY OF OTSEGO BY: Jessica L. Stockamp, Mayor ATTEST Temi Loff, City Clerk Pursuant to Minnesota Statutes 412.191, Subd. 4 and 331A.01, Subd.10, this Ordinance is pub- lished in summary form. Complete copies of the ordinance are avail- able for inspection by contact- ing the Zoning Administrator/City Clerk, Otsego City Hall, 13400 90th Street NE, Otsego, Minnesota 55330 during regular office hours. Published in the Star News May 14, 2016 547948