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470 Pillsbury Center <br /> `' > > 200 South Sixth Street <br /> !\f.i� 1E V Minneapolis MN 55402 <br /> -; (612)337-9300 telephone <br /> (Traven (612)337-9310 Fax <br /> t+ AR TERED c-mail:artysekenncdy-gta•en.cotn <br /> SCOTT 3.RIGGS <br /> Attorney it lav <br /> Dited Diel(612)337.9260 <br /> e-mail:srikennesly-gritveamm <br /> April 8, 1998 <br /> VIA FACSIMILE AND REGULAR MAIL <br /> Mr. Jim Ericson <br /> Planning Associate <br /> City of Mounds View <br /> 2401 Highway 10 <br /> Mounds view, MN 55112-1499 <br /> RE: PUD. Requirements for Produce Sales--Merryville Farm Market <br /> • bear Iim: <br /> Per your request, I have reviewed the Municipal Code requirements as to temporary sales of <br /> produce within the City. As you are aware, the Municipal Code requires such produce vendors <br /> to obtain a CUP from the City. The question you had raised was whether such a CUP <br /> requirement can be imposed against vendors of solely "home-grown" produce. <br /> The Minnesota Attorney General opinions I have reviewed involving this issue note that such <br /> "home-grown" sellers cannot be licensed.1 however, these opinions also provide that a city may <br /> impose reasonable police power regulations on the sellers. such as reasonable time, place and <br /> manner restrictions of such sales of produce and other farm goods. The Attorney General's <br /> opinions note that whether or not a restriction is reasonable is a fact question. <br /> Keeping the above discussion in mind, it appears that the City's CUP requirement would be, at <br /> least on its face, a valid regulation/restriction rather than an invalid licensing scheme since the <br /> CUP requirement imposes reasonable time,place,and manner restrictions on the sales of produce <br /> 'See Minn. Const. art. 13. § 7 (a "person may sell or peddle the products of the farm or <br /> garden occupied and cultivated by him without obtaining a license therefor"): Minn. Stat § <br /> • 329.08 ("persons who may sell or peddle the products of the farm or garden occupied and <br /> cultivated by themselves" while being exempt from the licensing scheme set up for other hawkers <br /> and peddlers). <br /> a.7F14t230 <br /> ttU125-47 <br /> 1Z9—d £O/ZO'd 890-1 Ot£81££+ N3AY.9 9 d03NN3N—W01d Wd£1:Z8 88-eo-Jdy <br />