6.43 - Peddlers and Solicitors § 6.43
Section 6.43: Peddlers and Solicitors
Subdivision 1. Definitions
For the purpose of this Section, the following terms have the meanings stated:
A. Peddler: means any person who goes from place to place, or house to
house, in the City selling or taking orders for the immediate delivery upon
sale of (i) goods or services, or (ii) the making, manufacturing or repairing of
any article or thing whatsoever. The term does not include a person engaged
in the activity of selling or taking of orders on behalf of a Nonprofit
Organization when the selling is done to, or the taking of orders is from,
members of one specific Nonprofit Organization, nor does the term include
any person who sells or delivers goods or services to established customers
in the regular course of business.
B. Peddling: means the act of being a Peddler.
C. Solicitor: means any Peddling where the order for services or goods is for
future delivery or for the acceptance, demand, or receipt of payment or
deposit of money, and/or the solicitation of money or funds.
D. Soliciting: means the act of being a Solicitor.
E. Nonprofit Organization: means a charitable, religious, political or
educational organization if such organization is registered with the Secretary
of State pursuant to the provisions of Minnesota Statutes, Section 309.52 as
a charitable organization or is exempted therefor pursuant to the provisions
of Section 309.515.
F. Non-Commercial Advocate: means a person who goes place to place, or
house to house, for the primary purpose of disseminating religious, social, or
other ideological beliefs but not a person engaged in political canvassing.
Source: Ordinance No. 630, 2nd Series
Effective Date: 2-15-18
Subdivision 2. License Required
It is unlawful for any person to engage in the business of Peddler or Solicitor
without a license therefor from the City. Each person engaged as a Peddler or
Solicitor must secure an individual license. All applications for licenses shall be
issued or denied by the City Manager or his/her designee. Applications for a license
shall be on forms provided by the City and shall be accompanied by a fee in the
amount as set forth by City Ordinance, provided Solicitors dealing with
merchandise of any kind to be delivered to customers directly from points
outside the State of Minnesota shall be exempt from payment of the license fee.
Subdivision 3. Exempt Activities
A. The provisions of Subdivision 2 shall not apply to:
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§ 6.43
1. Any person selling or attempting to sell at wholesale any goods, wares,
products, merchandise, or other personal property to a retail seller of the
items being sold by the wholesaler;
2. Any person selling products of a farm or garden occupied and cultivated
by the person selling the same;
3. 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
or milk;
4. Any person making deliveries of newspapers, newsletters, or other similar
publications on an established customer delivery route, when attempting
to establish a regular delivery route, or when publications are delivered to
the community at large; and
5. Any person, age seventeen (17) and under, participating as a Peddler or
Solicitor in fundraising programs for, or sponsored by, a public or private
elementary, junior high, high school, or bona fide children's organization
including, without limitation, Boy Scouts, Girl Scouts, or youth sports, arts
or similar extracurricular activities.
B. All persons exempt from Subdivision 2 by virtue of Subdivision 3.A. shall
nevertheless comply with Subdivisions 7 and 9 of this Section.
Subdivision 4. License Application
A. Each application for a license required under this Section shall provide the
following information:
1. name of the applicant;
2. permanent address of the applicant;
3. local address of the applicant;
4. telephone number of the applicant;
5. date of birth of the applicant;
6. physical description of the applicant;
7. dates for which the right to do business is desired;
8. description of the nature of the business and goods or services to be sold;
9. description of vehicle(s) used in connection with work;
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§ 6.43
10. statement as to whether or not the applicant has been convicted, within
the past five (5) years, of any crime, misdemeanor, or violation of any
ordinance other than misdemeanor traffic violations, including nature of
the offense and the penalty or punishment assessed; and
11. statement as to whether or not the applicant has had a registration,
license and/or identification card for Peddler and/or Solicitor denied or
revoked by the City or any other government body within the past three
(3) calendar years prior to the application date.
B. If the applicant is working for a business, in addition to the above
information, each individual applicant shall provide the following information:
1. legal name of the business;
2. address of the business;
3. legal structure of the business; and
4. whether or not the business employing the applicant has, within the past
five (5) years, been the subject of an investigation by a consumer
protection agency and/or the attorney general's office of any state.
C. If the applicant is Soliciting funds for a cause, such applicant shall provide
information setting forth a description of the cause, its purposes, goals, the
location to which and persons to whom the funds will go.
D. The application shall be submitted in person by each individual applicant to
the City Manager or his/her designee. The identity of the applicant shall be
verified by photo identification (valid State driver's license or State
identification card). Information on the application may be verified by the
City prior to granting a license.
E. All applicants will have a criminal history query conducted, to ensure the
applicant does not have a disqualifying criminal event on their record.
F. Any changes in the information given by an applicant, which occur while the
license under which the person is Peddling or Soliciting is in force and effect,
shall be immediately reported in writing to the City Manager or his/her
designee.
Subdivision 5. Issuance
If the application is approved by the City Manager or his/her designee, the
applicant shall be issued a license and identification card which must be clearly
displayed on the front of the Peddler or Solicitor's outer garment when conducting
business in the City. The license and identification card are non-transferable. The
license shall be valid for not more than thirty (30) calendar days, which days must
be consecutive and begin within thirty (30) calendar days of the date the license is
issued.
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Subdivision 6. Denial
Any one of the following shall constitute grounds for denial of the license
application:
A. The failure of an applicant to truthfully provide any information requested by
the City as part of the application process.
B. Past fraud, misrepresentation or misstatement made in the course of
carrying on business as a Peddler or Solicitor.
C. Conviction of any crime directly related to carrying on business as a Peddler
or Solicitor, as provided in Minn. Stats. §364.03, Subd. 2, where the
applicant has not shown competent evidence of sufficient rehabilitation and
present fitness to perform the duties and responsibilities, as provided in
Minn. Stats. §364.03, Subd. 3. Crimes that are considered to be directly
related to the business of Peddling and Soliciting include, but are not limited
to: crimes involving assault, criminal sexual conduct, burglary, robbery,
fraud, theft or moral turpitude.
D. Revocation within the past five (5) years of a license issued under this
Section.
E. Violations of any provision of this Section within the past five (5) years.
Subdivision 7. Restrictions
No Peddler or Solicitor shall do any of the following:
A. Engage in Peddling or Soliciting without clearly displaying on the Peddler or
Solicitor's front outer garment the identification card issued by the City, if a
license is required under this Section.
B. Engaging in Peddling or Soliciting before 9 am or later than 8 pm.
C. Walk on or about any side or rear yard or attempt to make contact at any
point other than the main point of entrance or front door of a residence or
place of business.
D. Fail to promptly depart from the premises following completion of a
transaction or following an unsuccessful attempt to contact the resident of
the premises.
E. Commit any act or conduct constituting harassment, a nuisance, theft, deceit
or menacing or otherwise unlawful activities or violate any other provisions of
this Code or state law.
F. 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. Violate Subdivision 9 of this Section.
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Subdivision 8. Revocation of License
Notwithstanding anything to the contrary in this Chapter, if the holder of a license
granted under this Section violates any provision of this Section, the City Manager
or his/her designee may revoke such license. Revocation shall be effective upon
written notice thereof to the licensee. Notice shall be provided by personal delivery
to the licensee or by any manner otherwise permitted for the service of process
under the Minnesota Rules of Civil Procedure for the District Courts. Any person
that has a license granted under this Section revoked by the City Manager or
his/her designee shall have the right to appeal such revocation to a hearing officer
in an administrative hearing as provided for in City Code, Section 2.91.
Subdivision 9. Non-Commercial Advocate, Peddlers and Solicitors May Be
Prohibited by Placard
A. Any property owner or occupant who wishes to exclude Non-Commercial
Advocates, Peddlers and/or Solicitors from his/her/its premises may place
upon or near the principal entrance to the premises a printed placard or sign
bearing the following notice: "No Soliciting", "No Soliciting or Peddling", or
comparable statement. The printing on the placard or sign shall be large
enough to be visible from a distance of (5) five feet.
B. No Non-Commercial Advocate, Peddler or Solicitor, including those exempt
from license requirements as provided in Subdivision 3, shall ring any
doorbell, knock on any door and/or enter upon any premises in an attempt to
make personal contact with the owner or occupant, where such a placard or
sign is posted, unless the Non-Commercial Advocate, Peddler or Solicitor has
been previously invited by the owner or occupant.
C. No person other than the owner or occupant of the premises shall remove,
injure or deface the placard or sign.
Subdivision 10. Non-Commercial Advocate
Subdivisions 2 through 8 of this Section, inclusive, shall not apply to Non-
Commercial Advocates and such subdivisions shall not be interpreted to prohibit or
restrict Non-Commercial Advocates. Non-Commercial Advocates shall be subject to
Subdivision 9 of this Section.
Source: Ordinance No. 573, 2nd Series
Effective Date: 8-28-15
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