HomeMy WebLinkAboutOrdinance - 45-92 - Amending Chapter 5 RE: Peddlers Licensing - 12/08/1992 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY MINNESOTA
ORDINANCE NO. 4592
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY
CODE CHAPTER 5 BY AMENDING IN ITS ENTIRETY SECTION 5.37, A PROVISION
REGULATING THE LICENSING OF PEDDLERS, TRANSIENT MERCHANTS AND
SOLICITORS, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF.
THE CITY COUNCIL OF EDEN PRAIRIE, MINNESOTA ORDAINS:
Section 1. The Eden Prairie City Code shall be amended by amending Section 5.37
in its entirety as follows:
SECTION 5.37. PEDDLERS, TRANSIENT MERCHANTS AND SOLICITORS
Subd. 1. Purpose. This section is not intended to interfere with the legitimate business activities
of peddlers as the same are defined herein, whether same be local or interstate. These provisions
are intended only to, as nearly as possible, ferret out all illegitimate or confidence operators and
to regulate and control all those who, in person, would use their unique presence on property
within the City of Eden Prairie, or their unique proximity to its residents, for purposes of
harassment, nuisance, theft, or other unlawful activities.
Subd. 2. Definitions. When used in this section, the following terms have the following
meanings:
A. "Peddler" means any person, whether a resident of the City of Eden Prairie 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 where payment is received immediately for future delivery to purchasers.
It does not include vendors of milk, bakery products or groceries who distribute their
products to regular customers on established routes.
B. "Peddling" means the act of being a peddler.
C. "Solicitor" means any person, whether a resident of the City of Eden Prairie or not, who
goes from house to house, from place to place, or from street to street with the intention
of taking immediate orders for services or goods for future delivery and payment. All
solicitors dealing with merchandise of any kind to be delivered to customers directly from
points outside the State of Minnesota shall be exempt from payment of the license fee.
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D. "Transient merchant" includes any person, firm or corporation, whether as owner, agent,
consignee, or employee, whether a resident of the City of Eden Prairie or not, who
engages in a temporary business of selling and delivering goods, wares and merchandise
within the City, and who, in furtherance of such purpose, hires, leases, uses or occupies
any building, structure, motor vehicle, trailer, tent, railroad boxcar, boat, public room in
hotels, lodging houses, apartments, shops, or any street, alley or other place within the
City, for the exhibition and sale of such goods, wares and merchandise, either privately
or at public auction, provided however 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 nor
shall such definition apply to any person, firm, or corporation who sells such goods,
wares, or merchandise from within the confines of a lawfully established and operating
permanent retail sales operation.
Subd. 3. Permit Required. It is unlawful for any peddler, solicitor or transient merchant to
engage in any such business within the City of Eden Prairie without first obtaining a permit
therefore in compliance with the provisions of this ordinance.
Subd. 4. Exemptions. The terms of this section do not include the acts of persons selling
personal property at wholesale to dealers in such articles, nor to newsboys, nor to the acts of
merchants or their employees in delivering goods in the regular course of business, nor to the sale
of farm or garden products by the person producing the same at the location where such products
are produced, which production shall be proven by the vendor, nor sales of admissions by local
school students to a school function. Nothing contained in this section 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. Nor shall Subd. 5 apply to solicitations by any organization for philanthropic,
religious, or educational causes if the following procedure has been accomplished: the requesting
entity must file a sworn application in writing on a form to be furnished by the City Clerk which
shall give the following information:
A. Name and purpose of the cause for which exemption is sought;
B. Names and addresses of the officers and directors of the organization;
C. Period during which solicitation is to be carried on;
D. Whether or not any commission, fee, wages or emoluments are to be
expended in connection with such solicitation and the amount thereof;
E. Certificate of Non-Profit status from the state where organized.
Upon being satisfied of the philanthropic, religious or educational cause of such organization,
the City Clerk shall issue a permit without charge to such organization,association or corporation
to solicit in the city. Such organization, shall furnish all of its members, agents, or
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representatives conducting solicitation credentials in writing stating the name of the organization,
name of agent and purpose of solicitation.
Subd. 5. Application. Applicants for a permit under this section shall file with the City Clerk
a sworn application in writing on a form to be furnished by the City Clerk. The application shall
give the following information:
A. Name (including last, first and middle);
B. Physical description of applicant;
C. Date of Birth;
D. Complete permanent home and local address of the applicant and, in the case of transient
merchants, the local address from which proposed sales will be made;
E. A brief description of the nature of the business and the goods to be sold;
F. The name and address of the employer, principal or supplier of the applicant, together
with credentials therefrom establishing the exact relationship;
G. The length of time for which the right to do business is desired;
H. The source of supply of the goods or products 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;
I. A recent photograph of the applicant which picture shall be taken by the City Clerk or
the designee of the City Clerk;
J. A statement as to whether the applicant has been convicted of any crime, misdemeanor,
or violation of any municipal ordinance, other than traffic violations, the nature of the
offense and the punishment or penalty assessed therefor.
K. The last municipalities, not to exceed three, where applicant carried on business
immediately preceding the date of application, and the addresses from which such
business was conducted in those municipalities;
L. At the time of filing the application, a fee of(whatever amount is necessary to cover the
expenses of investigation) shall be paid to the City Clerk to cover the cost of investigation
of the facts stated therein.
Subd. 6. Investigation and Issuance.
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A. Upon receipt of each application, 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 including but not limited to a criminal history and wanted persons
check with the Bureau of Criminal Apprehension for the protection of the public good and
shall endorse the application in the manner prescribed in this section within seventy-two
(72) hours, not including holidays or weekends, beginning the day after it has been filed
by the applicant with the City Clerk.
B. If as a result of such investigation, the applicant's business and moral character are found
to be unsatisfactory;the Chief of Police shall endorse on such application his disapproval
and his reasons for the same, and return the application to the City Clerk, who shall
notify the applicant that his/her application is disapproved and that no permit will be
issued. An applicant's business and moral character may be found to be unsatisfactory
for reasons including, but not solely limited to:
1. Fraud, misrepresentation or incorrect statement contained in the application for
permit;
2. Past fraud, misrepresentation or incorrect statement made in the course of carrying
on business as a solicitor, canvasser, peddler, transient merchant, itinerant
merchant, or itinerant vendor;
3. Past conviction of any crime or misdemeanor involving fraud, theft or moral
turpitude;
4. Conducting the business of a peddler, solicitor, transient merchant, itinerant
merchant, or itinerant vendor, as the case may have been, 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.
C. If as a result of such investigation, the business and moral character of the applicant are
found to be satisfactory, the Chief of Police shall endorse on the application his approval
and return the application to the City Clerk, who shall deliver the permitto the applicant.
Such permit shall contain the signature of the City Clerk and shall show the name,
address and photograph of said permittee, the class of permit issued and the kinds of
goods to be sold thereunder, the date of issuance and the length of time,that the same
shall be operative, not beyond the current year in which issued as well as the permit
number and other identifying description of any vehicle used in such licensed business.
Each peddler, solicitor, or transient merchant must secure a personal permit. Each person
issued a permit must carry it on his or her person while conducting or engaging in any
activities regulated hereunder. No permit shall be used at any time by any person other
than the one to whom it is issued. The City Clerk shall keep a permanent record of all
permits issued.
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Subd. 7. Restrictions.
A. Loud Noises and Speaking Devices. No permittee, nor any person in his/her behalf, shall
shout, cry out, blow a horn, ring a bell, or use any sound amplifying device upon any of
the streets, alleys,parks or other public places of the City or upon private 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 permittee
proposes to sell.
B. Signs. Any resident of the City who wishes to exclude peddlers or solicitors from
premises occupied by him/her may place upon or near the usual entrance to such premises
a printed placard or sign bearing the notice: "Peddlers and Solicitors Prohibited." Such
placard shall be at least 3-3/4 inches long and 3-3/4 inches wide and the printing thereon
shall not be smaller than 48-point type. No peddler or solicitor shall enter in or upon any
premises or attempt to enter in or upon any premises, where such placard or sign is
placed and maintained. No person other than the person occupying such premises shall
remove, injure or deface such placard or sign.
Subd. 8. Revocation of License.
A. Permits issued under the provisions of this section may be revoked by the Council of the
City after notice and hearing, for any of the following causes:
1. Fraud, misrepresentation or incorrect statement contained in the application for
permit;
2. Fraud, misrepresentation or incorrect statement made in the course of carrying on
his business as solicitor,canvasser,peddler,transient merchant,itinerant merchant
or itinerant vendor;
3. Any violation of this ordinance;
4. Conviction of any crime or misdemeanor involving fraud,theft or moral turpitude;
5. Conducting the business of a peddler, 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.
B. Notice of the hearing for revocation of a permit shall be given by the City Clerk 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 to his/her last
known address at least five (5) days prior to the date set for hearing, or shall be delivered
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by a police officer in the same manner as a summons at least three (3) days prior to the
date set for hearing.
Subd. 9. Appeal. Any person aggrieved by the action of the Chief of Police or the City Clerk
in the denial of a permit as provided in Subd. 6 of this section 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, a written statement setting forth fully the grounds for the appeal. The
Council shall set a time and place for hearing on such appeal, and notice of such hearing shall
be given to the appellant in the same manner as provided in Subd. 8 of this ordinance for notice
of hearing on revocation. No individual may conduct any business regulated hereunder while an
appeal is pending.
Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the
Entire City Code Including Penalty for Violation" and Section 5.99 entitled "Violation a
Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim
herein.
Section 3. This ordinance shall become effective from and after its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
8th day of December 1992, and finally read and adopted and ordered published at a
regular meeting of the City Council of said Council on the 15th day of December
1992.
ATTEST:
L •
City Clerk Ma r
PUBLISHED in the Eden Prairie News on the 24th day of December , 1992.
rfr1ep\4592-2-o
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Affidavit of Publication
Southwest Suburban Publishing
AmendinBChapter5-Peddlers State of Minnesota )
CITY OF EDEN PRAIRIE )SS.
� A HNESOTIN COUNTY, County of Hennepin )
ORDINANCE NO.45-95
AN ORDINANCE OF THE CITY Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of the
OF EDEN PRAIRIE, MINNESOTA, newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated as follows:
AMENDING CHAPTER 5, BY
AMENDING IN ITS ENTIRETY SEC- (A)This newspaper has complied with the requirements constituting qualification as a legal newspaper,
TION3.37,A PROVISION REGULAT- as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as amended.
ING THE LICENS ING OF PEDDLERS,
TRANSIENT MERCHANTS AND (B)The printed public notice that is attached to this Affidavit and identified as No.�Z 6'/,P ,was
SOLICITORS, AND PROVIDING published on the date or dates and in the newspaper stated in the attached Notice,and said Notice is
PENALTIES FOR VIOLATIONS hereby incorporated as part of this affidavit. Said notice was cut from the columns of the newspaper
THEREOF specified.Printed below is a copy of the lowercase alphabet from A to Z,both inclusive,and is hereby
THEWYCOUN(MOFTHECITY acknowledged as being the kind and size of type used in thecompos" n and publication of the Notice:
OF EDEN ORDAINS: PRAIRIE, MINNESOTA' abcdefghijklmnopgrstuvwt
Summary: This ordinance exempts
out-of-state peddlers and solicitors from
lioense f1WA requims resident peddlersand li By:
de f�to obtain a license and pay a Stan lfsrud,Ge ral Manager
prevents peddlers and solici-
ts km enkrn property when so posted,
updates definitions and describes proce-
dures in more detail. Subscribed and sworn before me on
Effective Date:This Ordinance shall
take effect upon publication.
ATTEST:
Al Johm D.Frans this day o 1992
City Clerk
AMOUglas E.Tenpas
Ac opyofthe text of this
oe is available from City Clerk.) Notary Public
LP*14W in the Eden Prahie News on
TNE$fty,Dec.31,1992,No.6648)
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space ........$13.50 per column inch
Maximum rate allowed by law for the above matter....................................$13.50 per column inch
Rate actually charged for the above matter....................................................$6.13 per column inch