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Home My WebLink About1989-001 Council OrdinancesCITY OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 01 - 89 AN ORDINANCE DEFINING TRANSIENT MERCHANT, PEDDLER, CANVASSER, AND SOLICITOR AND REQUIRING SAID INDIVIDUALS OR ORGANIZATIONS TO COMPLY WITH CERTAIN PROCEDURES WHILE DOING BUSINESS WITHIN THE CITY IN ORDER TO PROVIDE FOR THE PUBLIC WELFARE, AND PROVIDING FOR FEES AND PROHIBITING THE USE OF PUBLIC RIGHTS OF WAY OR PUBLIC PROPERTY FOR CERTIN ACTIVITIES. The City Council of the City of Lino Lakes hereby ordains as follows: Section 1. Definitions 1.) A "transient merchant" is any person whose business in the City is temporary or seasonal and consists of selling and delivering merchandise within the City, and who in furtherance of such purpose uses or occupies any structure, vehicle, or other place for the exhibition and sale of such merchandise, either privately or at public auction; provided, however, that a transient merchant shall not be construed to mean any person who while occupying such temporary location, exhibits only samples for the purpose of securing orders for future delivery only. The person so engaged shall not be relieved from complying with the provisions of this Chapter merely by reason of temporarily associating with or conducting such transient business in connection with a local businessman. 2.) A "peddler" is any person traveling from place to place and/or house to house who carries his merchandise with him, offering and exposing the same for sale, and making deliveries to purchasers, or any person who, without traveling from place to place, shall sell or offer merchandise for sale from a vehicle or conveyance; 3. A "canvasser" or "solicitor" is any person traveling from place to place and/or house to house who takes orders for the future delivery of merchandise or for services to be preformed in the future, whether or not such person exposes a sample or collects advance payments on such sales; provided, however, that such definition shall also include any person occupies any temporary structure, vehicle or other place for the primary purpose of exhibiting samples and taking orders for future delivery. PAGE 1 • • • Section 2. License Required A license shall be required for any transient merchant, peddler, canvasser, or solicitor to operate in the City. The license period will be six (6) months. A single license may be issed to a company covering its employees or agents as long as an Application Information, required under Section (5), hereof is completed, for each individual person operating in the City. Section 3. Exclusions No person shall be required to obtain a license in the following instances: A) Occupations licensed and/or bonded pursuant to state law. B) A solicitor or canvasser doing business by appointment. C) A solicitor or canvasser taking orders for the future door-to-door delivery of newspapers. D) Salesmen selling goods to retail or wholesale stores or to professional or industrial establishments. E) The conduct of "garage sales" or "rummage sales". F) No licenses shall be required for vendors as a preliminary step to the establishment of a regular route service for the sale and delivery of such commodities or the providing of such services to regular customers. G) School aged children selling items for fundraisers. Section 4. Religious and Charitable Organizations Any organization, society, association or corporation desiring to solicit or have solicited in its name money, donations of money or property or financial assistance of any kind or desiring to sell or distribute any item of literature or merchandise for which a fee is charged or solicited from persons other than members of such organizations upon the streets, in office or business buildings, by house to house canvass or in public places for a charitable, religious, patriotic, philanthropic or otherwise non-profit purpose shall be exempt from Section 5 of this ordinance, provided a sworn application in writing on a form furnished by the city is filed which shall include the following information: A) Name and purpose of the cause for which the license is sought. B) Names and addresses of the officers and/or directors of the organization. C) The period during which the solicitation is to be carried on. D) Whether or not any commission, fee, wages or emoluments PAGE 2 • • • are to be expended in connection with such solicitation. Upon the foregoing being satisfied, such organization, association or corporation shall furnish all its members, agents or representatives conducting the solicitation credentials in writing stating the name of the organization, name of the agent, and the purpose of the solicitation. Such credentials shall be kept on the person of the members, agents or representatives during the actual solicitation and be presented to anyone requesting to see same. Section 5. Application In addition to such information as the City Clerk may require, the application shall also include: A) Name and description of the applicant. B) Permanent home address and full local address of the applicant. C) A brief written description of the nature of the business, the goods to be sold, and the applicant's method of operation. D) If employed, the name and addresss of the employer, together with credentials establishing the exact relationship. E) The length of time which the applicant intends to do business in the city with the approximate dates. F) The place where the goods or property proposed to be sold, or order taken for the sale thereof, are manufactured or produced, where such goods or products are located at the time said application is filed, and the proposed method of delivery. G) A photograph of the applicant, taken within 60 days immediately prior to the date of filing of the application, which picture shall be two (2) inches by two (2) inches showing the head and shoulders of the applicant in a clear and distinguishing manner. H) A statement as to whether or not the applicant or the person managing the business has been convicted of any crime, misdemeanor or violation of any municipal ordinance,involving activities licensed under this Chapter,the nature of the offense and the punishment or penalty assessed therefore. I) If a vehicle is to be used, a description of the same together with license number or other means of identification. J) A statement of the nature, character, and quality of the goods, wares, or merchandise to be sold or offered for sale by applicant, the invoice value and quality of such goods, wares, and merchandise, whether the same are proposed to be sold from stock in possession or by sample, at auction, by direct sale, or by taking orders for future delivery. K) A brief statement of the nature, character, and content PAGE 3 • of the advertising done or proposed to be done in order to attract customers (samples may be requested). L) Credentials from the person, for which the applicant proposes to do business, authorizing the applicant to act as such representative. M) Transient merchants shall include the addresses of all places where the business is to be located along with written consent of the owners or occupants. Section 6. Prohibited Practices No person under this ordinance shall: A) Sell or solicit before the hour of 9 A. M. or after 9 P.M. unless a previous appointment has been made. B) Enter or conduct business upon any premises where a sign or plaque is conspicuously posted stating in effect that no peddlers or solicitors are allowed. Such signs shall have letters a minimum of 1/2 inch high. C) Occupy for the purpose of advertising and/or conducting business any area within a sight triangle, at any road intersection. D) Occupy as a transient merchant, solicitor or peddler, any public right of way or other public property for the purpose of advertising and/or conducting business. Section 7. License Fees Fees for licenses shall be as set from time to time by City Council resolution. Section 8. Penalties Whoever does any act forbidden by this ordinance or omits or fails to do any act by this ordinace shall be guilty of a misdemeanor and subject to all penalties provided for under Minnesota law. Section 9. Effective Date This ordinance shall take effect and be in force upon its passage and publication as required by law. Adopted by the City Council of the City of Lino Lakes this thirteenth day of February, 1989. PAGE 4 • • • C2il/J� J Marlyn Anderson - Clerk -Treasurer PAGE 5