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08-07-2017 Council Packet
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08-07-2017 Council Packet
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City Council
Council Document Type
Council Packet
Meeting Date
08/07/2017
Council Meeting Type
Work Session Regular
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This material is provided as general information and is not a substitute for legal advice. Consult your attorney for advice concerning specific situations. <br />145 University Ave. West www.lmc.org 1/4/2016 <br />Saint Paul, MN 55103-2044 (651)281-1200 or (800) 925-1122 © 2016 All Rights Reserved <br />INFORMATION M EMO <br />Regulating Peddlers, Solicitors and <br />Transient Merchants <br />Describes possible ways cities can regulate peddlers, solicitors, and transient merchants. Learn how <br />to differentiate between the persons and practices in order to avoid legal challenges. Understand the <br />meaning of reasonable regulations that do not violate any rights protected by the state or federal <br />constitutions. Contains easy-to-use charts and links to a sample ordinance. <br />RELEVANT LINKS: <br />I. Why regulate peddlers, solicitors or <br />transient merchants <br />Peddlers, solicitors, and transient merchants can provide benefits and <br />challenges to cities and their residents. They provide an opportunity to bring <br />interested parties (such as buyers and sellers, or donors and charitable, <br />religious or nonprofit organizations) together. However, they can also cause <br />problems not typically associated with permanently established local <br />businesses. <br />Bad experiences can lead disgruntled home and business owners to contact <br />their local officials demanding relief, including: <br />•Protection from fraud, scam artists, and other unwanted intrusions. <br />•Prevention of crimes and unlawful activities. <br />•A direct city response to their uneasiness and need for safety in the <br />community. <br />Minnesota cities have the authority, both specifically within the state statutes <br />and under their general police powers, to regulate the activities of peddlers, <br />solicitors, and transient merchants. However, this authority is not absolute. <br />Regulations must be “reasonable” and not violate any rights protected by the <br />state or federal constitutions. <br />II.Classifications <br />State and local governments have used different terms to describe <br />individuals who travel city-to-city or door-to-door offering products and <br />services for sale, or expressing ideological and religious beliefs. Among the <br />most commonly used names for those participating in these general practices <br />include: <br />See Part II-section A <br />Peddlers. <br />See Part II-section B <br />Solicitors and canvassers. <br />See Part II-section C <br />Transient merchants. <br />•Peddlers. <br />•Solicitors. <br />•Transient merchants. <br />•Hawkers.
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