HomeMy WebLinkAboutOrdinance 834ORDINANCE N0.834
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING TITLE 500, CHAPTER 504, OF
THE MOUNDS VIEW CITY CODE REGULATING PEDDLERS, SOLICITORS,
TRANSIENT MERCHANTS, NON-COMMERCIAL DOOR TO DOOR ADVOCATES,
AND SIMILARLY SITUATED PERSONS
THE CITY OF MOUNDS VIEW, MINNESOTA, ORDAINS:
SECTION 1. The City Council of the City of Mounds View hereby amends Title 500,
Chapter 504, of the Mounds View Municipal Code as follows:
SECTION:
504.00: Purpose
504.01: Definitions
504.02: Permit Required
504.03: Application For Permit
504.04: 1~iee~~~~;e Permit Fees
504.05: Investigation; Issuance Or Denial ~0-1~6~={}t~i+tieE~~ Of Permit
504.06: Prohibited Acts
504.07: Revocation or Suspension Of Permit
504.08: Expiration Of Permit
504.09: °~rr~+t4-E4~++t~k}It ~;r'~~~,~~tz~tro;~sExempt Persons Re~~istration Requirement
504.10: Enforcement Of Provisions
504.11: Appeals
504.12: Exemptions From Provisions
504.13: '~;«n-[~1~1~t+ic~*~•~~ °••~',~"~}~~' Exclusion b~Placard or Request
504.14: Violation And Penalties
504.15: Severability
504:00: PURPOSE: This section has been enacted to protect residents of the City fi•om fraud, to
prevent crime, and to address other general safety and welfare concerns.
504.01: DEFINITIONS: As used in this Chapter, the following words and terms shall have the
meanings ascribed to them in this Section:
Subd. 1. NON-COMMERCIAL DOOR TO DOOR ADVOCATE: A person who goes door to door for
the primary purpose of disseminating reli 7io~us political social or othe-• ideological beliefs.
For purposes of this ordinance the term door-to-doo-• advocate shall fall under the term
solicitor and shall include door-to-door canvassing and pamphleteering intended for non-
com~nercial purposes.
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Subd. 2. PEDDLER: Any person, whether a resident of the City of Mounds View or not, who goes
from house to house, from place to place or from street to street, conveying or transporting
goods, wares or merchandise or offering or exposing the same for sale, or making sales and
delivering articles immediately upon purchase to purchasers. It does not include vendors of
milk, bakery products, groceries or ice who distribute their products to regular customers on
established routes.
Subd. ?3.PERSON or PERSONS: Any natural individual group organization, corporation, partnership,
or similar association.
Subd. 4. SOLICITOR: Any person, whether a resident of the City of Mounds View or not, who goes
from house to house, from place to place or from street to street, soliciting or taking or
attempting to take orders for sale of goods, wares or merchandise, including magazines, books,
periodicals or personal property of any nature whatsoever for future delivery or for service to
be performed in the future, whether or not such order or whether or not such person is
collecting advance payments on such order. Such definition includes any person who, for
themselves or for another person, firm or corporation, hires, leases, uses or occupies any
building, motor vehicle, trailer, structure, tent, railroad boxcar, boat, hotel room, lodging
house, apartment, shop or other place within the City for the purpose of exhibiting samples or
taking orders for future delivery. The absence of catalogs or samples does not remove a person
from the scope of this provision if the actual purpose of the person's activity is to obtain or
attempt to obtain orders as discussed above.
Subd..r.5. TRANSIENT MERCHANT: Includes any person, firm or corporation, whether as owner,
agent, consignee or employee, whether a resident of the City of Mounds View or not, who
engages in a temporary business of selling and delivering goods, wares or merchandise within
the City, and who, in furtherance of such purposes, hires, leases, uses or occupies any
building, parking lot, structure, motor vehicle, trailer, tent, railroad boxcar, boat, public room
in hotels, lodging houses, apartments, for the exhibition and sale of such goods, wares and
merchandise, either privately or at public auction; provided, that such definition does not
include any person, firm or corporation who, while occupying such temporary location, does
not sell from stock, but exhibits samples for the purpose of securing orders for future delivery
only. The person, firm or corporation so engaged is relieved from complying with the
provisions of this Chapter merely by reason of associating temporarily with any local dealer,
trader, merchant or auctioneer or by conducting such transient business in connection with, as
apart of or in the name of any local dealer, trader, merchant or auctioneer.
Subd. 6. EXCEPTIONS TO DEFINITIONS: For purposes of this Chapter, the teens PEDDLER,
SOLICITOR, and TRANSIENT MERCHANT shall not appl,
a. Non-commercial door-to-door advocates. Nothing within this ordinance shall be interpreted
to prohibit or restrict non-commercial door-to-door advocates Andperson engaging in door-to-
dooradvocacy shall not be required to register as a solicitor under Section 504.02.
b. Andperson selling or attempting to sell at wholesale andgoods, wares, products,
merchandise or other personal property to a retail seller of the items being sold b
wholesaler.
3~~717v7 MJM MU12~-6~
Page 2
c. Anv person who makes initial contacts with other people for the purpose of establishing
trying to establish a regular customer delive~.y route for the delivery of perishable food and
dairy products, such as baked goods or milk.
d. Anv person making deliveries of perishable food and dairy~roducts to the customers on his
or her established delivery route.
e. Any person making deliveries of newspapers, newsletters, or other similar publications on an
established customer delivery route, when attempting to establish a regular delivery route, or
when publications are delivered to the conununity at lara~e.
f. Anv person conducting the type of sale commonly known as garage sales, rununa~~e sales, or
estate sales.
~. Any~erson participating in an organized multi-person bazaar or flea market.
h. Any~erson conducting an auction as a properly licensed auctioneer.
i. Any officer of the court conducting a court-ordered sale.
Exemption from these definitions shall not, for the scope of this Chapter, excuse arl~person
from complying with any other applicable statutor.y provision or requirement provided by
another City ordinance.
504.02: PERMIT REQUIRED: {
Subd. 1. Except as otherwise provided for in this ordinance. it is unlawful for any peddler-sue or
transient merchant to engage in any such business within the City without first obtaining a
permit therefor in compliance with the provisions of this Chapter. Solicitors engaged in entirely
fo---profit, commercial endeavors must obtain a permit to engage in such business within the
City. All other Solicitors need not obtain a permit, but are required to register with the City
pursuant to Section 504.09.
Subd. 2. Exemptions from Permit Requirement:
a. Any~erson may sell or peddle the products of the farm or garden occupied and cultivated by
him or her without obtaining a permit. e
b. No permit shall be reauired for anv person aoina ti-om house to house, door to door, business
to business, street to street, o-- any other type of place-to-place movement for the primary
purpose of exercisin tg (lat person's state or federal constitutional rights such as the freedom of
speech, freedom of the press, freedom of religion, and the like. This exemption will not apply if
the person's exercise of constitutional rights is merely incidental to what would properly be
considered a commercial activity.
Subd. 3. No permit issued under this Chapter shall be transferred to any~erson other than the pe--son to
whom the permit was issued.
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Page 3
504.03: APPLICATION FOR PERMIT: Applicants for a permit under this Chapter shall file with
the Clerk-Administrator a sworn application, in writing, on a form to be furnished by the Clerk-
Administrator: and accompanied b• ty he permit fee provided for in 50~4.0~}. The application shall give the
following information:
Subd. 1. ~;+~~Full legal name and physical description of applicant.
Subd. 2. Complete permanent home and local address and telephone numbers of the applicant and, in
the case of transient merchants, the local address from which proposed sales will be made.
Subd. 3. A brief description of the nature of the business and the goods to be sold.
Subd. 4. The name and address of the employer, principal or supplier of the applicant, together with
credentials therefrom establishing the exact relationship.
Subd. 5. The length of time for which the right to do business is desired.
Subd. 6. The source of supply of the goods or property proposed to be sold or orders taken for the sale
thereof, where such goods or products are located at the time said application is filed and the
proposed method of delivery.
Subd. 7. A recent photograph of the applicant, which picture shall be approximately two inches by two
inches (2" x 2") showing the head and shoulders of the applicant in a clear and distinguishing
manner.
Subd. 8. The names of at least two (2) property owners of Ramsey County who will certify as to the
applicant's good character and business respectability or, in lieu of the names of references,
such other available evidence as to the good character and business responsibility of the
applicant as will enable an investigator to properly evaluate such character and business
responsibility.
Subd. 9. A statement as to whether or not the applicant has been convicted of any crime, misdemeanor
or violation of any ?~-k+l~i~:i~lmunicipal ordinance, other than traffic violations, the nature of
the offense and the punishment or penalty assessed therefor.
Subd. 10. The last municipalities, not to exceed three (3), where the applicant carried on business
immediately preceding date of application and the addresses from which such business was
conducted in those municipalities.
Subd. l l . Proof of permit from the State of Minnesota or Ramsey County, if applicable.
Subd. 12. If a transient merchant, written permission from property owner.
Subd. 13. The license plate of any vehicle used in conjunction with the activity for which a permit is
sou 1
504.04: i'~~-~~~ S~PERMIT FEES: The fee for every such i~e+~~e xl ~rmit shall be established by the
resolution of the City Council.
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Page 4
504.05: INVESTIGATION; ISSUANCE OR DENIAL OF PERMIT:
Subd. 1. Investigation: Upon receipt of each application and payment of the fee, it shall be referred to
the Chief of Police, who shall immediately institute such investigation of the applicant's
business and moral character as he deems necessary for the protection of the public good and
shall endorse the application in the manner prescribed in this Section within ; ~ ~,~~}~~ '~~~~ `~~"
~+t~ three (3) business days after it has been filed by the applicant with the Clerk-
Administrator.
Subd. 2. Denial of Permit: If, as a result of such investigation, the applicant's character or business
responsibility is found to be unsatisfactory, the Chief of Police shall endorse on such
application any disapproval and the reasons for the same and return the application to the
Clerk-Administrator, who shall notify the applicant within three (3) business days that the
application is disapproved and that no permit will be issued.
Subd. 3. Grounds for Denial of Permit:
a. The failure of an applicant to obtain and demonstrate proof of having obtained any required
county~ermit or state license.
b The failure of an applicant to truthfi-lly~rovide any information requested by the city as part
of the application process.
c. The failure of an applicant to si7n the permit application.
d The failure of a-1 applicant to pay the required fee at the time of application.
e A conviction within the past five (5.) years of the date of application for any violation of any
federal or state statute or regulation or of anY local ordinance which adversely reflects upon
the person's ability to conduct the business for which the permit is being sou<~ht in a
~-'ofessional honest and legal manner Such violations shall include. but are not limited to,
burgla-~ theft larcenx swindling fraud unlawful business practices a-1d an~form of actual or
threatened physical harm against another person.
f The revocation within the past five (5) years of any license or permit issued to an applicant
for the purpose of conducting business as a peddler solicitor or transient merchant.
g When an applicant has a bad business reputation Evidence of a bad business reputation shall
include but is not limited to, the existence of more than three (3 complaints against an
applicant with the Better Business Bureau the Office of the Minnesota Attorney General or
other state attorney general's oftce or other similar business or consumer rights office or
agency within the preceding twelve (12) months or three (3 complaints filed with the city
against an applicant within the precedin t~ ive (5~ e
Subd. 4. Appeal of Denial• Any~erson whose permit application is denied under this section shall have
the right to appeal that decisio-1 as provided in Section 504.11.
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Nage ~
Subd. 5. Approval And Issuance Of Permit; Contents: If, as a result of such investigation, the character
and business responsibility of the applicant are found to be satisfactory, the Chief of Police
shall endorse the approval on the application and return the application to the Clerk-
Administrator, who shall deliver to the applicant the permit within three (3) business days.
Such permit shall contain the signature of the issuing officer and shall show the name, address
and photograph of said permittee, the class of the permit issued and the kinds of goods or
services to be sold thereunder, the date of issuance that the same shall be operative, as well as
the permit number and other identifying description of any vehicle used in such licensed
business.
Subd. -4-(.Record Of Permits: The Clerk-Administrator shall keep a permanent record of all permits
issued.
504.06: rn>`mrrrrnrrc n~ »rnn~ri-r_ PROHIBITED ACTS:
No ueddler, solicitor, transient merchant, non-commercial door-to-door advocate. ur other person engaged
in other similar activities shall conduct business in any of the following manners:
Subd. 1. h.,.,~ , ,~* ~ „nal
per+n-i~ Failing to provide proof of permit registration or identification when requested or
carl_ying a permit or certificate or another person Transient merchants must displa tly Heir permit
in a conspicuous place on their premises.
. I, :. o~
Subd ~ Conducting business in a way that creates a threat to the public health safety, alld welfare of
a»~pecific individual or the general public or otherwise operating one's business in any
manner that a reasonable person would find obscene, threatening. or abusive.
Subd. 3. r ,,.,a ,.r,,:,,,,,. n.,,i c,,:,.,1,:.,., n~„•,.o,.. eta .~. ,_, . i;: >~rj~ri'm=~5-~l~l}
o -P`~pet+lrttt~ -~+~-pet~ot~ i
sheet-~:~ Shouting, cr_~g_out, ~x:= blowing a horn, +~+-~g ri~i:;jllcg a bell or ~I~~ usin any
sound amplifying device upon any of the streets, alleys, parks or other public places of the
City or upon premises where sound of sufficient volume is emitted or produced therefrom to
be capable of being plainly heard upon the streets, avenues, alleys, parks or other public places
for the purpose of attracting attention to any goods, wares or merchandise which such I+etn-see
erson proposes to sell.l
Subd. 4. r ,.. nF c~.•~~,~. ,r,..,,,,,,,,;,,,,,, ,i,,,u h.,,,o ~.,.. Clallllln~~ an exclusive right to any location in the
public streets nel~rl4 or any-be-~~et~#-:~ stationary location thereon ne+~;l~~ll-z}rr~= lie
Pei+rri-tted~~o-eper~rte or operatil~ in a congested area where such operation might impede or
inconvenience the public use of such streets. For the purpose of this Chapter, the judgment of
a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is
congested and the public impeded or inconvenienced.
Subd 5 Alle~r false or misleading statements about the products or services being sold, including
untrue statements of endorsement No person shall claim to have the endorsement of the City
based solely on the City's issuance of a hermit or certificate of registration.
I See also Sections 607.07 and 1103.11 of this Code for noise control regulations.
3»717v7 M.IM MU12~-65
Pale 6
Subd. 6. I=lemma=P=c~Fl!e:~~-a~~c'.-~~?-:;t~~t~-~~}z}_i-te,~~l~t~-tF~eff- Conductin<~ business e~~~3et~=zee-rt-4~e~~u~rs
of before nine o'clock (9:00) A.M. and after eight o'clock (8:00) P.M.
Subd. 7. Remaining on the property of another when requested to leave.
504.07: REVOCATION OR SUSPENSION OF PERMIT:
Subd. 1. Cause For Revocation or Suspension: Permits issued under the provisions of this Chapter may
be revoked or suspended by the City Council, after notice and hearing, for any of the following
causes:
Fraud, misrepresentation or incorrect statement contained in the application for permit.
b. Fraud, misrepresentation or incorrect statement made in the course of carrying on the
~~~,~ s-i ttes~-a~~c~i~ i tt>r-ez~n~se~~~ed d le~~t~~+~ t--~~~~+~t;-iti «er~~f ~t--+~~t+rt-c~
+t-i~~t+.~~~:-~err~lFx= permitted activity.
c. Any violation of this Chapter.
d. Conviction of any crime or misdemeanor.
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e. Engaging in andprohibited activity as provided under Section 504.06.
Subd. 2. Notice Of Hearing: Notice of the hearing for revocation or suspension of a permit shall be
given by the Clerk-Administrator, in writing, setting forth specifically the grounds of
complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to
the permittee at permittee's last known address at least five (5) days prior to the date set for
hearing or shall be delivered by a police officer in the same manner as a summons at least
three (3) days prior to the date set for hearing.
Subd. 3. Appeal: Any person whose permit is suspended or revoked under this section shall have the
right to appeal that decision as provided in Section 504.1 1.
Subd. 4. Reapplication: No permittee whose per-nit has been revoked shall make further application
until at least six (6) months have elapsed since the last previous revocation.
Subd. 5. Emergency Revocation: [f, in the discretion of the Citv Council, imminent harm to the health
or safety of the public may occur because of the actions of a peddler or transient merchant
permitted under this ordinance, the City Council may immediately suspend a person's permit
and provide notice of the --ight to hold a subsequent public hearin~_prescribed in
subdivision 2 of this section.
~;;~»~~ n~.ina ~~uiz,-~~
Page 7
504.08: EXPIRATION OF PERMIT: All annual permits issued under the provisions of this Chapter
shall expire at midnight December 31 in the year when issued. Other than annual licenses shall expire at
midnight on the date specified in the license.
504.09: DL'T T!"ini iC ~ 1,rn !"u A DiT A DT r, cnr r~~~~'~,cy.. EXEMPT PERSONS
REGISTRATION REQUIREMENT:
Subd. 1. ' •' b
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_•~••~*~•~~ ~• ~ '"•••~• *~'~~ ~••••••,~~(ted--1~~=Any solicitor and any person exempt from the permit requirements
of this Chapter shall be required to register with the City prior to en<~aQin~ in those activities.
Re«istration shall be made on the same form as required for a permit application. but no fee shall be
required. Immediately upon completion of the registration form, the Clerk-Administrator ••'~~~-s',m~t-1
v~;~e *'~•~ ~""~••~~•~~ :.,F„••.,,.,*~•~•~: shall issue the revish•ant a certificate of registration as proof of the
registration. Certificates of registration shall be non-transferable.
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Subd. 2. Individuals that will be en~a~7in~: in non-commercial door to door advocacy shall not be
required to register.
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504.10: ENFORCEMENT OF PROVISIONS:
Subd. 1. Duty Of Police: It shall be the duty of the City police to require any person seen p~~ldl+n-G~~
.-.+~~~n~ra~s+~r4, conductin~~ activities regulated by this Chapter and who is not known
by such officer to have obtained a permit or certificate hereunder to produce the permit or
certificate and to enforce the provisions of this Chapter against any person fowld to be
violating the same.
Subd. 2. Records: The Chief of Police shall report to the Clerk-Administrator all convictions for
violation of this Chapter, and the Clerk-Ad-ninistrato-• shall maintain a record for each permit
issued and record the reports of violation therein.
3jj717v7 MJM MU12>-6~
Page 8
504.11: APPEALS: Any person aggrieved by the action of the Chief of Police or the Clerk-
Administrator in the denial revocation, or suspension of a permit as provided in ~ecte+~~ Sections 504.05
and 504.07 of this Chapter may appeal to the Council. Such appeal shall be taken by filing with the
Council within fourteen (14) days after notice of the action complained of by a written statement setting
forth fully the grounds for the appeal. The Council shall set a time and place for a hearing on such
appeal within twenty (20) days, and notice of such hearing shall be given to the appellant in the same
manner as provided in Section 504.07 of this Chapter for notice of hearing on revocation.
504.12: EXEMPTIONS FROM PROVISIONS: The terms of this Chapter do not include the acts of
persons selling personal property at wholesale to dealers in such articles, nc~-to newspaper carriers, nets
or to the acts of merchants or their employees in delivering goods in the regular course of business.
Nothing contained in this Chapter prohibits any sale required by statute or by order of any court or
prevents any person conducting a bona fide auction sale pursuant to law.
504.13: ART-It~~~'->i?'z:B~"E-~I~;!::~';C:~ ~~l?'_ ::; ';~:_r-~Tr~TzT.o-n°nrsr,2~-.~'iTLaEXCLUSION BY
PLACARD OR REQUEST: (t is hereby declared to be the policy of this City that the occupant or
occupants of the premises approached k~=st~fiE~t-a~i~3~~ by any~erson subject to this Chapter or otherwise
en<~a>;ed in similar activities can determine whether ~+~E~-tI ~~ •, ~~'~"°•~•- •,•• ~~'~~~*~•~~ that person shall be,
or shall not be, invited to their respective properties-r-esic~enee~. Any p~ilt~=tei~r person subject to
this Chapter or otherwise en~sa~_ed in similar activities must immediately and peacefully leave any
property where the property owner has posted a si~~n or placard stating "No peddlers or solicitors" -:
~~rr~~~d-4~f--~r--~~r1+~~~- or other ce~mparable statement Any~erson subject to this Chapter or otherwise
en~,a~cd in similar activities who has gained entrance to any property resieler~ce, whether invited or not,
shall immediately and peacefully depart from the premises when requested to do so by the occupant.
504.14: VIOLATION AND PENALTIES: Any person who violates any provision of this Chapter is
guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Section 104.01 of
this Code.
504.15: SEVERABILITY: If any~rovision of this ordinance is found to be invalid for any reason b~
court of competentaurisdiction the validity of the remainiilg~rovisions shall not be affected.
SECTION 2. This ordinance shall take effect and be in force 30 days frotn and after its
passage and publication, in accordance with Section 3.09 of the City Charter.
First Reading:
Second Reading:
Publication Date:
September 14, 2009
September 28, 2009
October 10, 2009
e Flaherty; yor
Attest:
.~~~-
Jim Ericson, City Clerk-Administrator
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Pagc 9
ORDINANCE SUMMARY
ORDINANCE NO. 834
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING TITLE 500, CHAPTER 504, OF
THE MOUNDS VIEW CITY CODE REGULATING PEDDLERS, SOLICITORS,
TRANSIENT MERCHANTS, NON-COMMERCIAL DOOR TO DOOR ADVOCATES,
AND SIMILARLY SITUATED PERSONS
On September 28, 2009, the Mounds View City Council adopted an ordinance which amends
Chapter 504 of the Municipal Code relating to transient merchants, peddlers and solicitors.
A copy of Ordinance 824 is on file and available for public viewing at the office of the Clerk-
Administrator. The ordinance is also posted in its entirety on the City's website, located at
www.ci.mounds-view.mn.us.
~t.U~k~d ~.11~-u11-~~.
James Ericson, City Clerk-Administrator