HomeMy WebLinkAboutOrdinance - 122 - Regulating Peddlers and Solicitors - 09/10/1968 ;h,
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VILLAGE OF EDEN PRA I R I E
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 122
AN ORDINANCE PROHIBITING PEDDLERS OR SOLICITORS FROM ;(
ENTERING UPON CERTAIN PREMISES WITHIN THE VILLAGE,
PROVIDING FOR REGISTRATION OF PEDDLERS AND SOLICITORS
AND CERTAIN VENDORS, AND PROVIDING A PENALTY THEREFORE.
The Village Council of the Village of Eden Prairie ordains:
Section 1 . Registration Required.
It shall be unlawful for any transient merchant or dealer, hawker,
peddler, solicitor, canvasser, or itinerant salesman to engage in such
activity within the Village of Eden Prairie without first registering with
the Village Clerk in compliance with the provisions of this Ordinance.
Section II . Definitions.
When used in this ordinance the following terms shall include the
fol lowing meanings:
(a) "Person" includes any individual , co-partnership, unincorporated
association or corporation whether principal or agent.
(b) "Transient merchant" includes any person who engages in, does or
transacts any temporary and transient business in this state,
either in one locality or in traveling from place to place in
this state selling goods, wares, leases, occupies or uses a
building, structure, vacant lot or railroad car for the exhibition
and sale of such goods, wares and merchandise.
(c) "Peddler" includes any person who goes from house to house, from
place to place or from store to store conveying or transporting
goods, wares or merchandise or offering or exposing the same for
sale or making sales and delivering articles to purchasers.
(d) "Canvasser" includes any person who goes from house to house,
from placeio place or from street to street soliciting or taking
or attempting to take orders for sale of goods, wares, merchandise
or personal services of any nature whatsoever for future delivery
or future performance whether or not such individual has, carries,
or exposes for sale, a sample of subject of such order or whether
ff or not he is col 'ecting advance payments for such orders. Any
such activity shall be deemed canvassing if it has as its ultimate
purpose the obtaining of orders of such nature even though it may
not purport, initially to be an effort todbtain such an order.
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Section II1 . License Required.
No person shall engage in or follow the business or occupation of
any of the activities described in Section 1 herein within this Village
without first having obtained a license for that purpose as provided by 3
Minnesota Statutes, Sections 329.02, 329.08. No person not having such
license shall be entitled to register for hawking or peddling within the
Village of Eden Prairie. Evidence of such license shall be presented to
the village Clerk at the time of registration. Similarly, no person shall
engage in or follow the business of transient merchant within the Village of
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Eden Prairie unless he is licensed to do so pursuant to the provisions of
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Village ordinances and Minnesota Statutes, Sections 329.099 to 329. 17. No
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person not having such transient merchant's licenses shall be entitled to
register for the activity of transient merchant within the Village of Eden
Prairie and evidence of such licenses shall be presented to the Village Clerk
at the time of registration.
Section IV. Registration.
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Registration shall be made with the Village Clerk of the Village of
Eden Prairie at least five days prior to the date when the activity to be
carried on is to commence. Persons registering must file with the Village
Clerk an accurate sworn registration statement in writing, on a form furnished
by the Village Clerk, which shall give the following information:
(a) Name and physical description of the applicant;
(b) Complete home and local address of the applicant and, in the
case of transient merchants, the local address from which proposed
sales will be made;
(c) A brief description of the nature of the business and the product
or services involved; C)
(d) If employed, the name and address of the employer, together with
credentials therefrom, establishing the exact relationship;
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(e) The dates and hours of the day during which the activity wi I I
be carried on;
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(f ) The source of supply of any goods or property proposed to be
sold or orders taken for the sale thereof, where such goods or s
products are located at the time said registration is filed and
the proposed method of delivery;
(g) Two copies of a recent photograph of the registrant, which
picture shall be approximately li" ", showing the head and x 2
shoulders of the applicant in a clear and distinguishable
manner;
(h) A statement as to whether or not the registrant has been
convicted of any crime, misdemeanor or any violation of municipal
ordinance other than traffic violations, the nature of the offense
and the punishment or penalty assessed therefor;
( i ) The last cities or villages, not to exceed five, where the s
applicant carried on business, immediately preceding the date }
of the application and the address from which such business
was conducted in those municipalities.
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Section V. Registration Free. l
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Registration should be accompanied by the payment of a fee of $5.00 by
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the applicant at the time of the application. Registration shall be for the
period of one year, and the registration year shall be from July I to July 1 .
The fee charged herein shall be for one year or any part of a year.
Section VI . Exemptions.
The term of this ordinance shall not be held to include the acts of
persons engaged in the following activities:
(a) Selling personal property at wholesale to dealers in such articles;
(b) Acting as newsboys;
(c) Selling products of the farm or garden occupied and cultivated by
the persons selling such products;
(d) Soliciting money, donations or financial assistance of any kind
for any political , religious or charitable organization or selling
or distributing literature or merchandise for which a fee is
/ charged or solicited on behalf of such an organization. This
t, exception shall not include any activity which has as its primary
purpose profit for the individuals who are engaged in such
activity.
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(e) Calling upon householders in connection with a regular route
service for the sale and delivery of perishable daily neces-
sities of life such as bakery products, dairy products or ice.
This exception shall not relieve such a person of the duty of
compliance with any other applicable Village ordinances.
Section VII . Proof of Registration. i
Upon receipt of a complete registration, the Clerk shall transmit the
same to the Chief of Police for informational purposes. Within five days
after such registration, the Village Clerk shall provide the registrant with
a written certificate showing proof of registration with him. Such proof of 1
registration shall have one copy of the registrantIs photograph attached to
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it, and shall be echibited by the registrant upon request of any police officer
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of the Village at any time and at the request of any person in the Village of
Eden Prairie who is being contacted by the registrant in pursuance of the
registrant's registered activity.
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Section VIII . Registration Non-transferable.
No registration shall be transferable from one individual to another.
Each individual shall be separately registered where more than one individual
is involved in the same type of activity even though associated with the same
organization.
Section IX. Penalty.
Any person who violates any provision of this ordinance, upon conviction
thereof, shall be punished by a fine not exceeding $100 or by imprisonment for.
a period not exceeding 90 days.
Section X. This ordinance takes effect upon its passage and publication.
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F i rst read at a regu I ar meet i ng of the Counc i I of the Vi I 1 age of
Eden Prairie this 16 day of -' 1968, and finaIly read, adopted
and ordered published at a regular meeting of the Council of said Village on
the day of t- , 19M.
9;id W. Oster o t, Mayor of
the Village of Eden Prairie
Attest:
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Publrished in the Minnetonka - Eden Prairie Sun on 1968.
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SUNNEWSPAPERS
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W. JOHN BERTRAM, being duly sworn, on oath says he is and during all times here stated
has been the vice president and printer of the newspaper known as The Hopkins Sun �o MT i! yunt}rS)agns pue
and has full knowledge of the facts herein stated as follows: (1) Said newspaper lo�auLeittoa �8o altittttat anti a laid tf,
is printed in the English language in newspaper format and in column and sheet form tp o e'' 4axay'sl q
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equivalent in printed space to at least 9W square inches. (2) Said newspaper is a weekly and i?iiRpire Fa4P 9Fti*Je14 ttsp
is distributed at least once each week. (3) Satd newspaper has 50% of its news columns devoted ;O t1FAJ`.4 Sla t
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to news of local interest to the community which it purports to serve and does not wholly ; .��".:3R� ai0 -QN '""mo n
duplicate any other publication and is not made up entirely of patents. plate matter and 110 .1¢0Z
advertisements. (4) Said newspaper is circulated in and near the municipality which it purports Qt , � $:hALVAti'QttQ 1r1Y
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to serve, has at least 590 copies regularly delivered to paying subscribers, has an average of 'itiosatt +frta@o�pl¢almsg,
at least 78% of its total circulation currently paid or no more than three months in arrears
and has entry as second-class matter in its local post-office. (5) Said newspaper purports to 4 ce li t
serve the City of Hopkins in the County of Hennepin and it has its known office of r
issue In the City' of Bloomington in said county, established and open during its regular business
hours for the gathering of news, sale of advertisements and sale of subscriptions and main• ,
tamed by the managing officer or persons in its employ and subject to his direction and con- lJl oFf
trol during all such regular business hours and devoted exclusively during such regular
business hours to the business of the newspaper and business related thereto. (6) Said news-
paper files a copy of each issue immediately with the State Historical Society. (7) Said news- ,
paper has complied with all the foregoing conditions for at least two years preceding the day
or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of
State of Minnesota prior to January 1, 19M and each January 1 thereafter an affidavit in the
form prescribed by the Secretary of State and signed by the publisher of said newspaper and ,
sworn to before a notary public stating that the newspaper is a lexal newspaper.
He further states on oath that the printed ... .DIN
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed
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and published therein in the Engiish language, once each week, for successive weeks: t °�L F�("
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that it was first so published on T�iu` s.` the 3 day of
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and was thereafter printed and published on every to and including
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the day of 19 and that the following is a printed co y
of the lower case alphabet from A to Z. both inclusive, and is hereby acknowledged as being
the size and kind of type used in the composition and publication of said notice, to wit:
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Subscribed and sworn to before me this day of
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(Notarial Seal) x*r N
Barbara Samuelson, Notary Public, Ramsey County. Minn. gt
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My Commission Expires November 8. 1971
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