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RELEVANT LINKS: League of Minnesota Cities Information Memo: 1/4/2016 Regulating Peddlers, Solicitors and Transient Merchants Page 6 These scenarios describe what seem to be very similar activities, which would seem to require the same manner of regulation. The community may, however, be tempted to regulate certain groups and organizations in a more stringent manner simply because they consider those groups distasteful. See Part IV-Constitutional implications. The particular entity involved (business, church, political candidate or party, or local charity), the activity (the sale of goods or services, political campaigning, or preaching), and purpose behind that activity (for-profit or merely incidental to non-profit’s purpose), are all relevant when determining whether local regulations apply. Cities need to be careful that their regulations are applied evenly with the appropriate category or grouping. III.Local authority Handbook, Chapter 11. Handbook, Chapter 12. Cities, counties, and other units of local government have substantial regulatory powers. Although a local government’s licensing and regulatory authority is necessary to promote and protect the general welfare, they can often provoke conflicts between public and private interests. See Part IV-Constitutional implications. Local regulations may also impact an individual’s constitutional rights. Since resolving these clashes is often a difficult task, the proper application of the city’s licensing and regulatory authority is critical. A.Scope of authority Minn. Stat. § 329.15. Minn. Stat. § 412.221, subd. 19. Minn. Stat. § 437.02. Despite specific statutory authority authorizing the regulation (or prohibition) of peddlers, solicitors, and transient merchants, and years of judicial interpretation, there is some uncertainty about the actual scope of a city’s authority to license or regulate. While it is fairly clear cities cannot ban certain classes of transient activities, it is far from clear how far their regulations may go. B.Regulations—in general Watchtower Bible & Tract Soc’y of New York, Inc. v. Village of Stratton, 536 U.S. 150, 122 S. Ct. 2080 (2002). See Part III-section C Time, place, and manner. The government’s interest in regulating door-to-door and transient merchant activities is generally two-fold: 1) To ensure residents’ privacy rights in their homes; and 2) To protect residents from fraud and other crimes. Regulations take different forms, from elaborate licensing schemes, to more simple requirements such as registering with the police department and agreeing to abide by time, place, and manner restrictions. State ex rel. Cook v. Bates, 101 Minn. 301, 112 N.W. 67 (1907). New Jersey Good Humor, Inc., v. Bd. Of Comm’rs, 11 A.2d 113 (N.J. 1940). With few exceptions, city regulations should seek to control only the nuisance aspects of a particular type of business, not outlaw the activity completely. However, if certain businesses involve a fraudulent scheme designed to trap the unsuspecting citizen, a city may go as far as a prohibition, though that may be difficult to prove.