HomeMy WebLinkAbout116-04 Peddlers
4646 Dakota Street SE
Prior Lake, MN 55372
CITY OF PRIOR LAKE
ORDINANCE NO. 116-04
AN ORDINANCE AMENDING PART 3 OF THE PRIOR LAKE CITY CODE BY REPLACING
SECTION 302 RELATING TO PEDDLERS AND ADOPTING BY REFERENCE CITY CODE
SECTION 104 WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA, ORDAINS:
1. City Code Section 302 is deleted in its entirety and replaced with the following:
302.100 PURPOSE: This section is not intended to interfere with the legitimate
business activities of peddlers, solicitors, and transient merchants, as the
same are defined herein, whether same be local or interstate. These
provisions are intended only to, as nearly as possible, ferret out all
illegitimate or confidence operators and to regulate and control all those
who, in person, would use their unique presence on property within the City
of Prior Lake, or their unique proximity to its residents, for purposes of fraud,
harassment, nuisance, theft, or other unlawful activities.
302.200 DEFINITIONS: When used in this Section, the following terms have the
following meanings unless the context clearly indicates otherwise:
Applicant: A person who files an application with the City Clerk for a permit
pursuant to this subchapter.
Chief of Police: The Chief of Police of the City of Prior Lake and/or the
Chief of Police’s designee.
City Clerk: The City Clerk appointed by the City Council pursuant to City
Code Section 107.200 and/or the City Clerk’s designee.
City Manager: The City Manager appointed by the City Council pursuant to
City Code Section 106 and/or the City Manager’s designee.
Non-Commercial Door-to-Door Advocate: A person who goes door-to-
door for the primary purpose of disseminating religious, political, social, or
other ideological beliefs. For purposes of this Section, the term door-to-door
advocate shall include door-to-door canvassing, pamphleteering intended for
non-commercial purposes, and seeking donations for which no product or
service is given in return.
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Peddler: A person, whether a resident of the City of Prior Lake or not, who
goes from house to house, from place to place, or from street to street,
conveying or transporting goods, wares or merchandise or offering or
exposing the same for sale, or making sales where payment is received
immediately for future delivery to purchasers.
Permit Activities: All activities included in the definitions of peddler,
solicitor and transient merchant.
Person: Any natural individual, group, organization, corporation,
partnership, or similar association.
Solicitor: 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 movement,
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.
Transient Merchant: A person who engages in, does, or transacts 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, hire,
lease, occupy, or use 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.
302.300 PERMIT REQUIRED: It is unlawful for any peddler, solicitor, or transient
merchant to engage in permit activities within the City of Prior Lake without
first obtaining a permit therefor in compliance with the provisions of this
Section. Each peddler, solicitor, or transient merchant engaged in permit
activities, whether independently or on behalf of another, must have a
separate permit.
302.400 EXEMPTIONS
302.401 The permit requirement in Subsection 302.300 and the General Permit
Requirements in Subsection 302.700 of this Section do not apply to the
following: (i) the acts of persons selling personal property at wholesale to
dealers in such articles, nor the delivery of newspapers, nor to the acts of
merchants or of their employees in delivering goods in the regular course of
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business, nor to the sale of farm or garden products by the person producing
the same at the location where such products are produced, which
production shall be proven by the vendor; or (ii) persons employed at a
bakery, dairy, or grocery making an uninvited initiatory visit in an effort to
establish regular route service for future delivery of perishables.
302.402 The permit requirement in Subsection 302.300 and the General Permit
Requirements in Subsection 302.700 of this Section do not apply to non-
commercial door-to-door advocates. This exemption will not apply if the
person’s exercise of constitutional rights is merely incidental to a commercial
activity.
302.403 The permit requirement in Subsection 302.300 and the General Permit
Requirements in Subsection 302.700 of this Section do not apply to peddlers
or solicitors who are 17 years of age or younger, who are engaged in permit
activities on behalf of a public school or a private school, philanthropic
organization, or community organization, which private school, philanthropic
organization or community organization or its parent organization is on file
with the Minnesota Secretary of State as a Minnesota domestic or a foreign
business organization or has filed an assumed name, where the proceeds of
the sales are mainly devoted to the benefit of the children engaged in permit
activities.
302.404 Nothing contained in this Section prohibits any sale required by statute or by
order of any court, or prevents any person conducting a bona fide auction
sale pursuant to law.
302.500 APPLICATION AND FEE
302.501 Applicants for a peddler, solicitor, or transient merchant permit under this
Section shall file with the City Clerk a sworn application in writing on a form
to be furnished by the City Clerk.
302.502 At the time of filing an application for a peddler, solicitor, or transient
merchant permit, a fee shall be paid to the City Clerk to cover the cost of
administering the permit and investigation of the facts stated therein. The fee
shall be as set forth in the City fee schedule and may be amended from time
to time. No fees are required of individuals taking orders for the shipment of
goods through interstate commerce.
302.600 INVESTIGATION AND ISSUANCE
302.601 Upon receipt of each peddler, solicitor or transient merchant application, it
shall be referred to the Chief of Police who shall institute such investigation
of the applicant as s/he deems necessary including, but not limited to, a
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driver’s license check and a criminal history and wan ted persons check with
the Bureau of Criminal Apprehension, for the protection of the public good,
and shall approve or deny the application in the manner prescribed in this
Section within a reasonable period of time.
302.602 If grounds exist under subsection 302.603 for denying the permit the Chief of
Police shall deny the permit, otherwise the Chief of Police shall immediately
issue the permit to the applicant. In the case of a denial the Chief of Police
shall notify the applicant in writing that his/her application is denied, the
reason for denial, and that the applicant has the right to appeal the denial as
set forth below. Notice shall be delivered in person or by mail to the
permanent residential address listed on the permit application, or if no
residential address is listed, to the business address provided on the permit
application.
302.603 The following shall be grounds for denying a permit:
(1) Fraud, misrepresentation or incorrect statement contained in the permit
application.
(2) The failure of an applicant to fully complete or to sign the permit application.
(3) The failure of an applicant to pay the required fee at the time of application.
(4) A conviction or adjudication within five (5) years of the date of application for
any violation of any federal or state statute or regulation, or of any local
ordinance, which adversely reflects upon the person’s ability to conduct the
business for which the permit is being sought in a legal manner and where
the applicant has not shown competent evidence of sufficient rehabilitation
and present fitness to perform the duties and responsibilities as provided in
M.S. § 364.03, Subd. 3, as it may be amended from time to time. Such
violations shall include, but are not limited to, burglary, theft, larceny,
swindling, fraud, unlawful business practices, and any form of actual or
threatened physical harm against another person.
(5) The revocation, within the past five (5) years, of any license or permit issued
to an applicant for the purpose of conducting b usiness as a peddler,
solicitor, or transient merchant.
(6) The denial, within the last year, of any license or permit application for the
purpose of conducting business as a peddler, solicitor, or transient
merchant.
(7) The applicant has a bad business reputation, evidence of which shall
include, but is not limited to, the existence of more than three (3)
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substantiated complaints against an applicant with the Better Business
Bureau, the Office of the Minnesota Attorney General or another state’s
regulatory office or department (such as another state’s attorney general’s
office), or other business or consumer rights office or agency, within the
preceding twelve (12) months, or three (3) substantiated complaints filed
with the City of Prior Lake or another city, town, or other political subdivision
against an applicant within the preceding five (5) years.
(8) Failure to follow all Federal, State and Local regulations, including failure to
be registered, licensed or permitted if such registration, license o r permit is
required by any Federal, State or Local regulation.
302.604 Any permit applicant aggrieved by the denial of a permit may appeal by filing
with the City Clerk within ten (10) days of the date of mailing of the notice of
denial, a written statement requesting a hearing before the City Council and
setting forth fully the grounds for the appeal. A hearing shall be held within
thirty (30) days of receipt of the request. Notice of the hearing shall be given
by the City Clerk in writing, setting forth the time and place of hearing. Such
notice shall be mailed, postage prepaid, to the permit applicant at his/her
last known address at least five (5) days prior to the date set for hearing, or
shall be delivered by a police officer in the same manner as a summons at
least three (3) days prior to the date set for hearing.
302.700 GENERAL PERMIT PROVISIONS
302.701 Each person engaged in permit activities must be permitted as provided
herein and may not be accompanied by a person who is not permitted while
engaging in such activities. No permit may be transferred between persons
or businesses.
302.702 Each person engaged in permit activities must carry the City-issued permit
on his or her person and must display the permit between the waist and the
neck on the front of his or her outer garment while engaged in permit
activities.
302.703 All permits shall expire on December 31 in the year the permit is issued.
302.704 The permit issued by the City is the property of the City and must be
returned to the City within seven (7) days of its expiration or surrendered
immediately upon suspension or revocation, whichever occurs sooner.
302.705 Each person engaged in permit activities must provide a sales slip, receipt,
or other documentation to any person to whom th ey make a sale, or from
whom they take an order or receive funds. The sales slip, receipt, or
documentation must include the name of the person engaged in permit
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activities, his or her affiliated organization, the organization’s address and
phone number, and a description of the transaction.
302.800 RESTRICTIONS
302.801 No peddler, solicitor, transient merchant, non-commercial door-to-door
advocate, any person acting on his or her behalf, or other person engaged in
similar activities shall, while engaged in such activities:
(1) Shout, cry out, blow a horn, ring a bell, or use any sound -amplifying
device upon any of the streets, alleys, parks, or other public places of
the City or upon private property where sound of sufficient volume is
emitted or produced therefrom to be capable of being plainly heard
upon the streets, avenues, alleys, parks, or other public places.
(2) Enter in or upon the property of another or attempt to enter in or upon
the property of another if a placard or sign has been posted exc luding
peddlers and solicitors. The printed placard or sign must state
“Peddlers and Solicitors Prohibited” or other comparable statement.
Such placard shall be at least 4 inches long and 4 inches wide and
the printing thereon shall not be smaller than 48-point type. No
person other than the person occupying such property shall remove,
injure, or deface such placard or sign.
(3) Enter in or upon the property of another or attempt to enter in or upon
the property of another before 9:00 a.m. or after 9:00 p.m. local time
year-round.
(4) Obstruct the free flow of traffic, either vehicular or pedestrian in any
public right of way.
(5) Make false or misleading statements about the activities or products
or services being sold.
(6) State or imply that the City, by issuance of a permit, has endorsed
his/her activities or products.
(7) Operate in a manner a reasonable person would find harassing,
intimidating, abusive, or threatening.
(8) Operate in a manner a reasonable person would find offensive,
obscene, or abusive, push open a door not opened by an occupant,
place any portion of the person’s body through an opened doorway
without the invitation of an occupant, or physically attempt to stop an
occupant from closing a door.
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(9) Enter onto the property of another through any side or rear yard or
attempt to make contact with a person at any point other than the
main point of entrance of the building or property being approached.
(10) Remain on the property of another after instructed to leave.
(11) Act in a manner that threatens the health, safety, or welfare of any
person or the general public.
(12) Conduct permit activities in any city park without prior written
authorization from the City Manager.
302.900 REVOCATION OF PERMIT
302.901 Permits issued under the provisions of this Section may be revoked after
notice and a hearing conducted by the City Manager, for any of the following
causes: violation of this Section; violation of federal, state, or local law, rule,
or regulation relating to peddlers, solicitors, or transient merchants; or any
action identified in Subsection 302.603.
302.902 The Chief of Police may recommend revocation of a permit to the City
Manager. Notice of the hearing for revocation of a permit shall be given by
the City Clerk in writing, setting forth specifically the grounds of complaint
and the time and place of hearing. Such notice shall be mailed, postage
prepaid, to the permit holder at his/her last known address at least five (5)
days prior to the date set for hearing, or shall be delivered by a police officer
in the same manner as a summons at least three (3) days prior to the date
set for hearing.
302.1000 APPEAL: The decision of the City Manager following a hearing as provided
for in this Section can be appealed by petitioning the Prior Lake City Council.
The appeal must be delivered to the City Clerk in writing within ten (10) days
of the date of mailing of the City Manger’s decision.
302.1100 EMERGENCY: If, in the discretion of the City Manager, imminent harm to the
health or safety of the public may occur because of the actions of any
person permitted under this Section, the City Manager may immediately
suspend the person’s permit and in such event shall provide notice to the
person of the right to a post-suspension hearing pursuant to the procedures
in Subsection 309.902.
302.1200 SEVERABILITY: If any provision of this Section is found to be invalid for any
reason by a court of competent jurisdiction, the validity of the remaining
provisions shall not be affected.
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302.1300 PENALTY: A person who violates any provision of this Section shall be
deemed guilty of a misdemeanor and shall be punished in accordance with
the penalties established by Minnesota Statutes.
2. City Code Section 104 entitled “General Penalty” is hereby adopted in its entirety, by
reference, as though repeated verbatim herein.
3. This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 14th day of March 2016.
ATTEST:
_________________________ __________________________
Frank Boyles, City Manager Kenneth L. Hedberg, Mayor
Published in the Prior Lake American on the 19th day of March 2016.
Affidavit of Publication
Southwest Newspapers
State of Minnesota)
SUMMARY OF CITY OF )SS.
PRIOR LAKE County of Scott )
ORDINANCE NO.116-04
AN ORDINANCE AMENDING'
PART 3 OF THE PRIOR LAKE'.
CITY CODE BY REPLACING
SECTION 302 RELATING TO Laurie A.Hartmann,being duly sworn,on oath says that she is the publisher or the authorized
PEDDLERS AND ADOPTING agent of the publisher of the newspapers known as the Shakopee Valley News,Jordan Indepen-
BY REFERENCE CITY dent,Prior Lake American and Savage Pacer,and has full knowledge of the facts herein stated as
CODE SECTION 104 WHICH, follows:
AMONG OTHER THINGS,
CONTAINS PENALTY (A)These newspapers have complied with the requirements constituting qualification as a legal
PROVISIONS. newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as
The following is only a'' amended.
summary of Ordinance No.116-
04. The full text will be available I ;
for public inspection after Marchi (B)The printed public notice that is attached to this Affidavit and identified as No.
19 2016 by any person during' was published on the date or dates and in the newspaper stated in the attached Notice and said
regular office hours at City Hall Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of
or in the Document Center on the the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both
City of Prior Lake Website. inclusive,and is hereby acknowledged as being the kind and size of type used in the composition
SUMMARY: The Ordinanceand publication of the Notice:
amends Subsection 302 relating
to peddlers by amending the
permitting requirements, the abcdefghijklmnopgrstuvwxyz
process for issuance,the process' 101
for revocation and suspension and
other related matters.'
This ordinance shall become By:'
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effective from and after its ? Laurie A.Hartmann
passage and publication.
Passed by the City Council of
the City of Prior Lake this 14th
Day of March 2016. Subscribed and sworn before me on
ATTEST:
Frank Boyles,City Manager
Kenneth L.Hedberg,Mayor e?
(Published in the Prior Lake' this '$ day of ✓ _ ,2016
American on Saturday,March 19, "`�`� ...
2016;No.7650)
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RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space....$31.20 per column inch
Maximum rate allowed by law for the above matter.................................$31.20 per column inch
Rate actually charged for the above matter.............................................. $12.59 per column inch