08-07-2017 Council Packet - Laserfiche WebLink

Home Search

RELEVANT LINKS: League of Minnesota Cities Information Memo: 1/4/2016 Regulating Peddlers, Solicitors and Transient Merchants Page 19 B.Licenses in general Handbook, Chapter 11. The city council’s authority to grant or refuse a license varies with the nature of the business or activity. On one hand, there are licenses (more appropriately considered a permit) available to anyone who applies, pays the required fee, and meets any basic conditions specified by city ordinance. When the applicant has complied with the requirements, the city must issue the license. Except for determining whether an applicant satisfies the basic, pre-existing written requirements, council or staff discretion is largely removed from the process. 54 A.L.R 1104. 92 A.L.R. 400. On the other hand is a city licensing system where, based on the potential abuses and in lieu of prohibiting the activity altogether, more extensive qualifications on license eligibility or on the business operations are weighed before a license is granted. A licensing ordinance is a tested and legally- sound method of regulation. Although more leeway is provided under this method, a city council cannot be given uncontrolled discretion in granting a license based on the character of the applicant, the nature of the organization, or the general welfare of the community. See Part V-section D Fees. 9 McQuillin, Municipal Corporations § 26.11. When a license is required, it must be obtained before sales begin and should be issued in the names of those persons who actually will be engaged in the peddling. Ordinances need to be specific and should prohibit the transfer of licenses from person to person. Fees need to be reasonable. Preference cannot be given to resident vendors over non-residents. Once issued, individuals have an interest in the license and the ability to conduct their door-to-door activities. When a license comes up for renewal, the licensee is in the same position as any other applicant unless a statute, charter, or local ordinance provides otherwise. Minn. Stat. § 329.15. Gifford v. Wiggins, 50 Minn. 401, 52 N.W. 904 (1892). Despite specific statutory authority that would seem to indicate otherwise, cities cannot prohibit the sale of some items but permit the sale of others, unless the prohibited items have some adverse effect on the public health, morals, safety or general welfare and even then, it may be difficult for the city to prove such detriment. C.Applications—background checks Minn. Stat. ch. 13. See LMC information memo, Data Practices: Analyze Classify & Respond. It is important for cities to consider the form of their peddler or transient merchant license applications. The information provided and the background checks that are authorized will be the means by which a city obtains all the information on which they will make their licensing determinations. Cities need to ensure they comply with the requirements of the Minnesota Government Data Practices Act in the collection and maintenance of such information.