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League of Minnesota Cities Information Memo: 1/4/2016 Regulating Peddlers, Solicitors and Transient Merchants Page 25 Appendix A: Local Authority – Regulations or Prohibitions This chart provides a basic summary of the general authority cities have in regulating or prohibiting door-to-door or transient activities. As this area of law is subject to change, a city should consult its city attorney when establishing (or reviewing) local regulations. Classification Can City Regulate? Can City Prohibit? Can Resident Prohibit? Peddlers, Solicitors & Transient Merchants (For-Profit Activities)  ?  Cities have significant authority to regulate the activities of peddlers, solicitors, and transient merchants—from licensing or registration requirements for most peddler or transient operations, to establishing time, place, and manner restrictions on all operations. While our courts have never determined the validity of a Green River ordinance (prohibiting all transient activities) as applied specifically to the Minnesota Constitution (likely to be upheld), a total prohibition could conflict with particular provisions of the U.S. Constitution, such as freedom of speech or the regulation of interstate commerce. Additionally, a city can adopt a modified Green River ordinance, where residents, through their posting of notice, individually determine if peddlers or solicitors are welcome. Canvassers (Non-Commercial Door-to-Door Activities)  No*  While non-commercial door-to-door activities fall under various constitutional protections, cities have the ability to establish reasonable time, place, and manner restrictions on their operations; regulations that do not, in purpose or practice, prohibit those activities from occurring. These protections will still apply to sales that are “secondary” to the primary, constitutionally-protected rights of free speech, freedom of religion, etc. If a Green River ordinance is adopted, its general prohibition on transient or door-to-door activities probably cannot be applied to individuals going door-to-door exercising their constitutional rights. While a city would have the general authority to prohibit purely fraudulent canvassing activities, that would, in practice, occur more on a case-by-case basis and not through specific ordinance prohibitions. However, a modified Green River, with the resident, and not the government, regulating speech would most likely apply to commercial and non-commercial activities.