08-07-2017 Council Packet - Laserfiche WebLink

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RELEVANT LINKS: League of Minnesota Cities Information Memo: 1/4/2016 Regulating Peddlers, Solicitors and Transient Merchants Page 4 See Part IV-section A Freedom of speech. And while most canvassing activities do not raise concerns under the commerce clause, these activities likely raise protections under the First Amendment. If the activity is pure advocacy (the expression of one’s views or religious principles), a local unit of government cannot impose a prior restraint, such as obtaining a license or registration before engaging in the activity. Unfortunately, it is less clear what regulations, if any, may be enacted when the canvassing involves the sale of goods and services that will be provided at a later date. So, while the city can license peddlers and transient merchants, it probably should not license most solicitors or canvassers. C.Transient merchants A transient merchant is someone who demonstrates the traits of both a peddler and the typical permanent business. Transient merchants are regulated under state law. Minn. Stat. § 329.099. A transient merchant is: •Any person, individual, partnership, limited liability company, or corporation. •That sells goods, wares, or merchandise. •From a vehicle, portable shelter, vacant building, structure, lot, or railroad car. •With the intent to remain in business at any one location for a limited period of time, usually no more than a few weeks. Minn. Stat. § 329.099. Pursuant to state statute, a “transient merchant” does not include the seller or exhibitor in a firearms collection show involving two or more sellers or exhibitors. Minn. Stat. § 329.10. Minn. Stat. § 329.11. Transient merchants are not allowed to begin their business operations without first applying for and obtaining a county-issued license. (In practice, however, a county may not be issuing such licenses.) The license application will include: •The applicant’s name. •The proposed place of business. •The type or manner of business to be conducted. •How long the business will operate at that location. Minn. Stat. § 329.11. A transient merchant pays a county license fee of $150 and provides a bond in an amount not less than $1,000, but no more than $3,000.