Loading...
HomeMy WebLinkAbout0724 ORDINANCE NO. 724 .CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 3, CHAPTER 13 OF THE LAKEVILLE CITY CODE CONCERNING PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS: Section 1. Chapter 13, of Title 3 of the Lakeville City Code is amended in its entirety to read as follows: CHAPTER 13 PEDDLERS, SOLICITORS, TRANSIENT MERCHANTS 3-13-1: 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-ta-dwelling, business-to-business, street-to- street, or any other type ofplace-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 or more sellers or exhibitors. 101534.060 1 RNK:r12/30/2002 3-13-2: 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 Minn. Stat: ch. 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 Police Department. 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 fora license shall be made on a form provided by the Police Department. All applications shall be signed by the applicant.. 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 her 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 years of any felony, gross misdemeanor for violation of any state or federal statute or any local ordinance, other than traffic offenses; 13. A list of the 5 most recent locations where the applicant has conducted business as a peddler or transient merchant; 14. Proof of any required county license; 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; 101534.060 2 RNK:r12/30/2002 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. ordinance 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 Police Department 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 Chief of Police. or the Chief's designee shall. review the application and order any investigation, including background checks, necessary to verify the information provided with the application. The Chief of Police or the Chief's designee shall either approve or deny the license within seven (7) regular business days. If the application is approved the licensee 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 days (20) of the date of the request. The final decision of the. City Council following- the public hearing shall be appealable 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 (40) days in a calendar year. 3-13-3: 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 goads in the regular course of business. F. The sale of plants, flowers, or Christmas trees by anon-profit group. 3-13-4: INELIGIBILITY FOR LICENSE: The following shall be grounds for denying a license or registration under this Chapter: lols3a.o6c 3 RNK~r12l30/2002 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 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 years of any license issued to the applicant for the purpose of conducting business as a peddler, solicitor, or transient merchant. E. The failure of the applicant to return a prior license or registration to the Police Deparhnent within seven (7j days after its expiration. 3-13-5: SUSFENSIQN 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. 101534.060 4 RNK:r12/30/2002. C. Public Hearing. Upon receiving the notice provided in Subdivision 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 timeframe, 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. D. Emergency. If, in the discretion of the Chief of Police orthe Chief's designee, 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 Chief of Police 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 Sectan. E. Appeals. Any person whose license is suspended or revoked under this section shall have the right to appeal that decision. in court. 3-13-6: TRANSFERABILITY: No license issued under this Chapter shall be transferred to any person other. than the person to whom the license was issued. 3-13-7: REGISTRATItJN REQUIRED: All solicitors shall. be required to register with the City. Registration shall be made on the same form provided by the Police Department, 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 non-transferable. Registrationshall 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 Police Department. 3-13-8: TRANSIENT MERCIIANTS 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. 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. Transient merchants that are not prohibited must comply with City's zoning ordinance and any other applicable ordinances. 3-13-9: 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 (3-3/4) inches long and three and three-quarter 101534.060 S RNK:r12/30!2002 (3-314) inches wide with print of at least 48 point in size stating "No Peddlers, Solicitors, or Transient Merchants," or "Peddlers, Solicitors, and Transient Merchants Prohibited," orother comparable statement. No person other than the property owner or tenant shall remove, deface, or .otherwise tamper with any sign or placard under this Chapter. 3-13-10: 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 8:00 p.m. and 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 ar 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 Police Departmentin 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. 3-13-11: IDENTIFICATION: 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 heir 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. i 01534.06C 6 RNK:r12/30/2002 The certificate of registration or licensure issued by the City is the property of the Police Department and must be returned to the Police Department 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 12 months. 3-13-12: PENALTY: Violationof any provision of this Chapter shall be a misdemeanor. Section 2. Effective Date. This ordinance shall be effective immediately upon its passage and publication. ADOPTED this 6th day of January, 2003, by the City Council of the City of Lakeville. CITY OF LAKEVILLE .r.. BY: f~' tip. ~ Robert D. Joke son, Mayor ATTEST: t r `4"~harlene Fnedges, City Clerl~ 101534.O6C 7 RNK:r12l30l2002 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. .724 , AN ORDINANCE .AMENDING TITLE 3 CHAPTER 13 OF THE LAKEVILLE CITY CODE, CONCERNING PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS This ordinance is a comprehensive revision to the City's regulation of peddlers, solicitors, and transient merchants. The ordinance requires licensing of peddlers and transient merchants and registration of solicitors. The ordinance contains the following sections: Definitions Licensing of Peddlers and Transient Merchants License Exemptions Ineligibility far License Suspension and Revocation Transferability Registration. Required Transient Merchants Prohibited; Exceptions Exclusion by Placard Prohibited Activities Identification Penalty Violation of the ordinance is a misdemeanor. A printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk. APPROVED FOR PUBLICATION. this 6`" day of January 2003, by the City Council of the City of Lakeville, Minnesota. CITY OF LAKEVILLE ~3 Robert D. JohYrson, Mayor ATTES~: i ~1 1 ~ ~ ~ Y ~J '-..Charlene Friedges, City erk 104098.01 RNK:12l31/02 PUBLIC NOTICE CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 724, AN ORDINANCE AMENDING TITLE 3 CHAPTER 13 OF THE LAKEVILLE CITY CODE, CONCERNING PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS This ordinance is a comprehensive revision to the City's regulation of peddlers, solici- tors, and transient merchants. The ordinance requires licensing of peddlers and transient merchants and registration of solicitors. The ordinance contains the following sections: Definitions Licensing of Peddlers and Transient Merchants License Exemptions Ineligibility for License Suspension and Revocation Transferability Registration Required Transient Merchants Prohibited; Exceptions Exclusion by Placard Prohibited Activities Identification Penalty Violation of the ordinance is a misde- meanor. A printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the CityClerk. APPROVED FOR PUBLICATION this 6th day of January 2003, by the City Council of the City of Lakeville, Minnesota. CITY OF LAKEVILLE BY: Robert D. Johnson, Mayor ATTEST: Charlene Friedges, City Clerk T764 1/11/03 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ' ) SS County of Dakota ) ERIC OLSON. being duly sworn, on oath says that he is an authorized agent and employee of the publisher of the newspaper known as Thisweek Newspapers, and has full knowledge of the facts which are stated below: (A)The newspaper has complied with all of the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statutes 331A.02,331A.07 and other applic- able laws, as amended. (B) The printed which is attached was cut from the columns of said newspaper, and was printed and pub- lished once eat- :o:- sucomesive=weeks; it was first published on Saturday, the 't l_ L '� day of oRt- , and was thereafter printed and published on every Saturday to and including Saturday, the day of ; and print- ed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopgrstuvwxyz BY: TITLE: General Manager Subscribed and sworn to before me on this day of %N,.3 4 �vi['v2a..SG Notary Public ■A.A.A.A.ovonnovvgwvvvvvvvvvvvvvvvvvv‘go CAROL J. HAVERLAND NOTARY PUBLIC - MINNESOTA My Commission Expires 1-31-2005