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RELEVANT LINKS: <br />League of Minnesota Cities Information Memo: 1/4/2016 <br />Regulating Peddlers, Solicitors and Transient Merchants Page 3 <br />B.Solicitors and canvassers <br />Excelsior Baking Co. v. City <br />of Northfield, 247 Minn. 387, <br />77 N.W.2d 188 (1956). <br />See Edwards v. City of Reno, <br />103 Nev. 347, 742 P.2d 486 <br />(1987). <br />A solicitor also engages in door-to-door activities. However, unlike a <br />peddler, a merchant solicitor goes from place to place and only obtains <br />orders for goods or services that will be delivered or performed at a later <br />date. Solicitors do not carry the merchandise they are offering for sale with <br />them. Most often, a solicitor will use samples, or carry catalogues <br />illustrating the goods or services available. <br />All Parks Alliance for <br />Change v. Uniprop <br />Manufactured Housing <br />Cmtys. Income Fund, 732 <br />N.W.2d 189 (Minn. 2007). <br />Although this memo often uses the terms “solicitors” and “solicitation” <br />interchangeably with “canvassers” and “canvassing,” canvassing refers to <br />the practice of going from location to location with the primary purpose of <br />furthering religious, social, or political advocacy. Unlike solicitors, financial <br />profit is not the canvassers’ primary motivation. <br />A canvasser (sometimes known as an advocate) may: <br />•Ask for signatures on a petition. <br />•Request support for a political candidate or position. <br />•Espouse religious beliefs or causes. <br />•Seek donations, organization memberships, or other financial support for <br />their religious, social, or political organizations. <br />•Take orders for goods, to be delivered at a later time, in order to raise <br />money for a non-profit or other charitable organization’s operations. <br />See Part IV-Constitutional <br />implications. The regulation of these types of door-to-door advocates involves many basic <br />constitutional rights, including a canvasser’s freedom of speech and possibly <br />freedom of religion, a solicitor’s Commerce Clause protections, and a <br />homeowner’s privacy and property rights. <br />Minn. Stat. § 412.221, subd. <br />19. Although statutory cities are specifically provided the power to “restrain or <br />license and regulate” solicitors and canvassers (most home rule charter cities <br />have similar language within their charters), most legal authorities suggest <br />their authority is actually more limited. <br />See Part IV-section C <br />Commerce Clause. <br />A.G. Op. 59a-32 (Jan. 13, <br />1961). <br />See Part V-section G <br />Registration. <br />The major restriction on local licensing of solicitors is the Commerce Clause <br />of the U.S. Constitution. The Minnesota attorney general has advised that <br />because states are prohibited from interfering with interstate commerce, <br />local governments cannot collect license fees from solicitors who take orders <br />in one state for goods to be delivered in the future from another state. In <br />contrast, a municipal ordinance requiring all solicitors, including interstate <br />merchants, to simply register with local authorities before engaging in their <br />business activities may be a reasonable local regulation of interstate <br />commerce.