HomeMy WebLinkAbout2003.06.02 ORD 2003-374ORDINANCE NO. 2003-374
AN ORDINANCE RELATING TO THE LICENSING OF PEDDLERS, SOLICITORS,
AND TRANSIENT MERCHANTS AND REQUIRING A PERMIT THEREFORE, AND
PROVIDING PENALTIES FOR VIOLATIONS THEREOF.
The City Council of the City of Hugo hereby ordains:
SECTION 1. Definitions. When used in this Ordinance the following terms have the following meanings:
A. "Peddler" means any person, whether a resident of the City of Hugo or not, who goes from house to
house, from place to place, or from street to street, conveying or transporting goods, wares or
merchandise, including magazines, books, periodicals, or personal property of any nature whatsoever,
or offering or showing the same for sale, or making sales and delivering articles to purchasers.
B. "Solicitor" means any person, whether a resident of the City of Hugo 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
sales 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, including orders
for the performance of maintenance or repair service on homes or places of business, whether or not
such individual has, carries, or shows for sale a sample of the subject of such order or whether or not he
is collecting advance payments on such order. Such definition includes any person who, for himself, or
for another person, firm, or corporation, hires, leases, uses, or occupies any building, structure, motor
vehicle, trailer, tent, railroad boxcar, boat, hotel or motel room, lodging house, apartment, shop, street,
alley, vacant lot or other place within the City for the purpose of exhibiting samples and taking orders
for future delivery. Such definition includes any person, organization, society, association, or
corporation, who solicits in its name of money, donations of money or "property," or financial
assistance of any kind or sells or distributes any item of literature or merchandise for which a fee is
charged, or solicits 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, or philanthropic purpose.
C. "Transient Merchant includes any person, firm, or corporation, whether as owner, agent, consignee, or
employee, whether a resident of the City of Hugo or not, who engages in a temporary business of
selling and delivering goods, wares and merchandise, including magazines, books, periodicals, or
personal property of any nature whatsoever, within said City, and who, in furtherance of such purpose,
hires, leases, uses or occupies any building, structure, motor vehicle, trailer, tent, railroad boxcar, boat,
hotel or motel room, lodging house, apartment, shop, or any street, alley, vacant lot or other place
within the city for exhibition and sale of such goods, wares, and merchandise, either privately or at
public auction.
SECTION 2. Permit Required. It is unlawful for any peddler, solicitor, or transient merchant to engage in
any business, solicitation of activities as described in Section 1 of this Ordinance within the City of Hugo
without first obtaining a permit therefore in compliance with the provisions of this Ordinance.
SECTION 3. Exemptions. This Ordinance does not apply to the following:
A. Sales of goods, merchandise or services to businesses, commercial, or industrial users at their usual
place of business.
B., Deliveries of previous sold goods or services in the regular course of business or deliveries or sales
made as a part of a regular established route to preexisting customers.
C. Vendors who make an uninvited call upon the occupant of a residence as a preliminary step to the
- establishment of regular route services for the sale and delivery of commodities and services to regular
customers such as vendors of milk, groceries, and other perishable commodities; soft water service;
laundry and dry cleaning pick-up and delivery and newspapers.
D. Any sale under Court Order.
E. Any bona fide auction sale by a City resident.
F. Sidewalk sales authorized by the City Council.
G. Garage sales or rummage sales when conducted by a non-profit organization, or when conducted upon
the premises of the owner of the articles being offered for sale, provided that such sales do not last
longer than 72 hours, and provided that no more than three sales be conducted on any given location
within one year.
H. Sale of admissions by local school students to a school function or by local bona fide civic or non-profit
organizations for entertainment functions sponsored by such organizations.
I. Sales allowed by state law which prohibit local licensing or regulation.
SECTION 4. Applications. Applicants for a permit under this ordinance shall file with the City
Administrator a sworn application in writing on a form to be furnished by the City which will give the
following information:
A. The name and permanent home and business address of the applicant and all persons to be associated
with the applicant in the business or activity.
B. A brief description of the nature of the business or the purpose or cause for which the permit is sought.
C. If the permit is sought to be issued in the name of an organization or other business entity, the names
and addresses of the principal officers and directors of the organization and the address and phone
number of the main office or headquarters of the organization conducting or sponsoring the activity and
the names and addresses of the persons directly supervising and responsible for the business,
solicitation, or activity to be conducted.
D. In the case of transient merchants, the place where the business is to be carried on, the length of time
for which the permit is sought and a general description of the goods or merchandise to be sold.
E. A list of the last three municipalities, if any, where the applicant carried on a business or activity similar
to the one for which the permit is sought.
F. The names and addresses of at least three references who will substantiate the applicant's moral
character and business responsibility or other evidence of the character and responsibility of the
applicant.
G. Applicant's Minnesota Sales Tax Permit Number, if applicable.
SECTION 5. Investigation and Issuance of Permit. Upon receipt of a completed application, the City
Administrator, or such other person as may be designated by the City Council, shall institute such
investigation of the applicant's business and moral character as is deemed necessary for the protection of the
public good. Such investigation may include referral to and a report made by the Washington County
Sheriff's Department. The completed application and report, if any, shall be submitted as soon as practical
to the City Council for its consideration. If the application is approved by the Council, the permit will be
issued by the City Administrator and a notice thereof published in the White Bear Press. If the permit is
denied by the Council, the applicant shall be notified together with the reasons for the denial and the
applicant may appeal to the Council for reconsideration at the next regular Council Meeting. Such appeal
must be in writing and the applicant or its representative must appear in person at the Council Meeting.
SECTION 6. Form of Permit and Published Notice. The form of the permit to be issued and the notice to
be published in the newspaper shall be as determined appropriate by the City Administrator.
SECTION 7. Permits to be Carried and Exhibited. Permits shall be carried by the permittee or
conspicuously posted in its place of business and the permit shall be exhibited to any officer or citizen upon
request. In the case where more than one individual shall be involved in the activity or solicitation, the
applicant shall make sufficient copies of the permit to be made available to each peddler or solicitor acting
on behalf of the group, organization or legal entity.
SECTION 8. Expiration of Permit. All annual permits issued under the provisions of this Ordinance shall
expire at midnight the 31" day of December in the year when issued. Other than annual licenses shall expire
at midnight on the date specified on the license.
SECTION 9. Permit Fees. The fees for any permit to be issued under this ordinance shall be established
by resolution of the City Council. Until such fee is otherwise changed by the City Council, the fee for a
permit under this Ordinance shall be $25. The fee shall be payable at the time of the filing of the
application.
SECTION 10. Fee Exemption. No fee shall be required from a bona fide charitable, religious, civic,
educational, or political organization provided the proceeds of any sale or solicitation are being used for the
legitimate purpose of such organization.
SECTION 11. Permit Not Transferable. All permits shall be nontransferable. No refund shall be made on
unused portions of permit fees.
SECTION 12. Prohibited Practices. It is unlawful and a violation of this Ordinance for any peddler,
solicitor or transient merchant to:
A. Refuse to leave the premises when requested by the owner, lessee, person in charge thereof, or the
person being solicited.
B. Display merchandise or make sales or solidifications directly from vehicles or trailers on City streets
or alleys.
C. Engage in business after the hour of sunset or before 8:00 A.M. unless a previous appointment has
been made for a different time.
SECTION 13. Use of Streets. No permittee shall have any exclusive right to any location in the public
streets or alleys, nor shall any be permitted a stationary location thereon, nor shall any be permitted to
operate in a congested area where such operation might impede or inconvenience the public use of such
stfeets or alleys. For the purpose of this Ordinance, 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.
No permit shall be issued for sales or displays from a location which does not have sufficient parking for
customers and for areas where customer parking would interfere with normal traffic flow.
SECTION 14. Permission of Property Owner Required. No peddler, solicitor or transient merchant shall
sell or offer for sale any goods, wares, or merchandise or personal property of any nature whatsoever within
the City from a stationary location on public or private property without first obtaining the written consent
of the property owner or authorized occupant.
SECTION 15. Revocation of Permit. Permits used under the provisions of this Chapter may be revoked by
the Council of the City of Hugo after notice and hearing for any of the following causes:
A. Fraud, misrepresentation, or incorrect statement contained in the application for the permit;
B. Fraud, misrepresentation, or incorrect statement made in the course of carrying on the business as
solicitor, canvasser, peddler, transient merchant, itinerant merchant, or iterant vendor;
C. Any violation of this Ordinance;
D. Conviction of any crime or misdemeanor;
E. Conducting the business of peddler, canvasser, solicitor, transient merchant, itinerant merchant, or
itinerant vendor, as the case may be, in an unlawful manner or in such a manner as to constitute a
breach of peace or to constitute a menace to health, safety, or general welfare of the public.
Notice of the hearing for revocation of a permit shall be given by the City 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 his last known address or address set forth on his application at least
seven 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 five days prior to the date set for hearing.
SECTION 16. Reapplication. No permittee whose permit has been revoked shall make further application
until at least six months have elapsed since the last previous revocation unless otherwise permitted by the
City Council.
SECTION 17. Penalty. Any person or organization that violates any provision of this Ordinance is guilty of
a petty misdemeanor.
SECTION 18. Effective Date. This Ordinance shall take effect on 6-.2 03 following its passage and
publication in the White Bear Press.
Adopted by the City Council this 2nd day of June 2003.
r"ah'Miron, Mayor
ATTEST:
Maryn reager, City Clerk
NOTICE: THIS PUBLISHED MATERIAL IS ONLY A SUMMARY OR AN ORDINANCE
OF THE CODE OF ORDINANCES FOR THE CITY OF HUGO. THE FULL TEXT OF THE
ORDINANCE IS AVAILABLE FOR PUBLIC INSPECTION AT THE HUGO CITY HALL
DURING REGULAR BUSINESS HOURS.
ORDINANCE 2003 — 374
AN ORDINANCE RELATING TO THE LICENSING OF PEDDLERS, SOLICITORS,
AND TRANSIENT MERCHANTS AND REQUIRING A PERMIT THEREFORE, AND
PROVIDING PENALTIES FOR VIOLATIONS THEREOF.
SUMMARY OF THE ORDINANCE:
1. This Ordinance defines peddlers, solicitors and transient merchants.
2. Section 2 states that it is unlawful for a peddler, solicitor or transient merchant to engage
in any business or solicitation within the City of Hugo without first obtaining permit to
do so.
3. Section 3 provides certain exemptions. It exempts the sales of goods, merchandise or
services to business, commercial or industrial users at their place of business. It exempts
deliveries of previous sold goods or services in the regular course of business or
deliveries or sales made as a part of a regular established route to preexisting customers
and it exempts vendors who make an uninvited call upon a resident as a preliminary step
to the establishment of regular route service for the sale and delivery of commodities and
services to regular customers such as vendors of mile, groceries and other perishable
commodities. It exempts sidewalk sales, garage sales and rummage sales. It exempts
sales of admissions by local school students to school functions or by local bona fide
civic or non-profit organizations for entertainment functions sponsored by such
organizations.
4. Section 4 specifies the handling of applications for the permit. An applicant for the
permit shall file with the City Administrator a sworn application in writing identifying
the name, permanent home and business address of the applicant and all persons to be
associated with the applicant in the business or activity. A brief description of the nature
of the business or the purpose of cause for which the permit is sought. The names and
addressees of the principal officers and directors of the organization and other
requirements.
5. Section 5 authorizes the City Administrator to undertake an investigation of a permit
applicant to the extent deemed necessary for the public good.
6. Section 6 provides the form of the permit will be published in the newspaper if an
application is approved.
7. Section 7 provides permits once issued shall be carried by the permittee or conspicuously
posted in its place of business and shall be presented to any officer or citizen upon
request.
7. Section 8 provides all annual permits issued under the provisions of this Ordinance expire
at midnight on the 31" day of December in the year when issued. Other than annual
licenses expire at midnight on the date specified on the license.
8. Section 9 provides that permit fees are established. The permit fee is $10.00.
9. Section 10 and Section 11 contain other restrictions on the transfer of permits.
10. Section 12 lists prohibitive conduct such as harassing, deceitful or trailer -based sales.
11. Section 13 restricts use of streets.
12. Section 14 prohibits use of private property without permission.
13. Section 15 specifies that permits may be revoked for fraud, misrepresentation, as well as
other factors.
Please note this title and summary of this Ordinance clearly informs the public of the intent and
affect of the Ordinance and conforms to Minn. Stat. § 412.191. This Ordinance shall be in effect
from and after its publication.
Passed and adopted by the City Council of the City of Hugo this 16`h day of June 2003.
F n , Mayor
ATTEST:
Maryn Creager, City Cler
, PRINTER'S AFFIDAVIT OF PUBLICATION
CITY OF HUGO
ORDINANCE 2003-374
NOTICE: THIS PUBLISHED MATERIAL IS ONLY A SUMMARY OR AN ORDI-
E OF THE CODE OF ORDINANCES FOR THE CITY OF HUGO. THE FULL
OF THE ORDINANCE IS AVAILABLE FOR PUBLIC INSPECTION AT THE
CITY HALL DURING REGULAR BUSINESS HOURS.
ORDINANCE 2003 — 374
AN ORDINANCE RELATING TO THE LICENSING OF PEDDLERS, SOLICITORS,
AND TRANSIENT MERCHANTS AND REQUIRING A PERMIT THEREFORE, AND
PROVIDING PENALTIES FOR VIOLATIONS THEREOF.
SUMMARY OF THE ORDINANCE:
1. This Ordinance defines peddlers, solicitors and transient merchants.
2. Section 2 states that it is unlawful for a peddler, solicitor or transient merchant to
engage in any business or solicitation within the City of Hugo without first obtaining per-
mit to do so.
3. Section 3 provides certain exemptions. .It exempts the sales of goods, merchan-
dise or services to business, commercial or industrial users at their place of business.
It exempts deliveries of previous sold goods or services in the regular course of busi-
ness or deliveries or sales made as a part of a regular established route to preexisting
customers and it exempts vendors who make an uninvited call upon a resident as a pre-
liminary step to the establishment of regular route service for the sale and delivery of
commodities and services to regular customers such as vendors of mile, groceries and
other perishable commodities. It exempts sidewalk sales, garage sales and rummage
sales. It exempts sales of admissions by local school students to school functions or
by local bona fide civic or non-profit organizations for entertainment functions spon-
sored by such organizations.
4. Section 4 specifies the handling of applications for the permit. An applicant for
the permit shall file with the City Administrator a sworn application in writing identifying
the name, permanent home and business address of the applicant and all persons to
be associated with the applicant in the business or activity. A brief description of the
nature of the business or the purpose of cause for which the permit is sought. The
names and addressees of the principal officers and directors of the organization and
other requirements.
5. Section 5 authorizes the City Administrator to undertake an investigation of a per-
mit applicant to the extent deemed necessary for the public good.
6. Section 6 provides the form of the permit will be published in the newspaper if an
application is approved.
7. Section 7 provides permits once issued shall be carried by the permittee or con-
spicuously posted in its place of business and shall be presented to any officer or citi-
zen upon request.
8. Section 8 provides all annual permits issued under the provisions of thi:
ance expire at midnight on the 31st day of December in the year when issued
than annual licenses expire at midnight on the date specified on the license.
Section 9 provides that permit fees are established. The permit fee is $10.00.
10. Section 10 and Section 11 contain other restrictions on the transfer of permits
11. Section 12 lists prohibitive conduct such as harassing, deceitful or trailer -base(
sales.
12. Section 13 restricts use of streets.
13. Section 14 prohibits use of private property without permission.
14. Section 15 specifies that permits may be revoked for fraud, misrepresentatior
as well as other factors.
Please note this title and summary of this Ordinance clearly informs the public o
the intent and affect of the Ordinance and conforms to Minn. Stat. § 412.191. Thi;
Ordinance shall be in effect from and after its publication.
Passed and adopted by the City Council of the City of Hugo this 16th day of Jun(
2003.
Fran Miron, Mayor
Attest:
Mary Ann Creager, City Clerk
Published in the White Bear Press June 25, 2003.
'IT OF PUBLICATION
MINNESOTA)
2amsey)
JUS. � 2 2003
;her, or the publisher's designated agent, being duly sworn, on
at I am the publisher, or the publisher's designated agent and an
the newspaper known as The White Bear Press, and that I have full
F the facts which are stated below:
Ispaper has complied with all of the requirements constituting
as a qualified newspaper, as provided by Minnesota Statute
A.07, and other applicable laws, and amended.
rinted CITY OF HUGO
NO. 2003-37
hed was cut from the columns of said newspaper, and was printed
once each week, for I successive weeks; it was first
WEDNESDAY , the 25 day of
, 20D_ and was thereafter printed and published on every
to and including 'the
, 20 ; and printed below is a copy of the
abet from A to Z, both inclusive, which is hereby acknowledged
:e and kind of type used in the composition and publication of
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BY: !✓4..(1
Publisher
worn to before me on this 25 day of JUNE 20 03 .
// v N Public, Minn.
CJ MARGARET TENNESSEN
NOTARY PUBLIC - MINNESOTA
RATE INFORMATION MY COMMISSION
...........................................................................I
... '.• •:'.........EXPARE&.4M..AJ_2SX?�.............................
(1) Lowest classified rate paid by
commercial users for
comparable space.
(2) Maximum rate allowed
by law for the above matter.
(3) Rate actually charged for
(Line, word or inch rate)
(Line, word or inch rate)
7.00/INCH
the above matter. (Line, word or inch rate)