HomeMy WebLinkAboutOrdinance - 1-2015 - Amending City Code Chapter 5 Related to Peddlers - 02/26/2015 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 1-2015
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING
CITY CODE CHAPTER 5 BY AMENDING SECTION 5.37 RELATING TO
PEDDLERS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND
SECTION 5.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY
PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. City Code Chapter 5 is amended by deleting Section 5.37 in its entirety and replacing
it with the following:
SECTION 5.37. PEDDLERS.
Subd. 1. Purpose. This Section is not intended to interfere with the legitimate business activities
of peddlers, solicitors, and transient merchants 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. "Chief of Police" means the Chief of Police pursuant to City Code Section 2.30, Subd. 3
and/or the Chief of Police's designee.
B. "City Clerk" means the City Clerk appointed by the City Manager pursuant to City Code
Section 2.30, Subd. 1 F and/or the City Clerk's designee.
C. "City Manager" means the City Manager appointed by the City Council pursuant to City
Code Section 2.30, Subd. 1, and/or the City Manager's designee.
D. "Non-Commercial Door-to-Door Advocate" means any person who goes door-to-door
for the primary purpose of disseminating religious,political, social, or other ideological
beliefs. For purposes of this Section, the term non-commercial door-to-door advocate
shall include door-to-door canvassing, pamphleteering intended for non-commercial
purposes, and seeking donations for which no product or service is given in return.
E. "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.
F. "Permit Activities" means all activities requiring a permit pursuant to this Section.
G. "Person" means a Person as defined in City Code Section 1.02, Subd. 5.
H. "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 orders or scheduling future visits for taking orders for services or goods for
future delivery and payment.
I. "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 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 permit activities within the City of Eden Prairie without first obtaining a permit
therefor in compliance with the provisions of this Section. Each peddler, solicitor, or transient
merchant engaged in permit activities, whether independently or on behalf of another, must have
a separate permit.
Subd. 4. Exemptions.
A. The permit requirement in Subd. 3 and the General Permit Provisions in Subd. 7 of this
Section do not apply to the following: (i) the acts of persons selling personal property at
wholesale to dealers in such articles, nor the delivery of newspapers, 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;
(ii) persons employed at a bakery, dairy or grocery making an uninvited initiatory visit in
an effort to establish regular route service for future delivery of perishables.
B. The permit requirement in Subd. 3 and the General Permit Provisions in Subd. 7 of this
Section do not apply to non-commercial door-to-door advocates. 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.
C. The permit requirement in Subd. 3 and the General Permit Provisions in Subd. 7 of this
Section do not apply to peddlers or solicitors who are 17 years of age or younger, who are
engaged in permit activities on behalf of a public school or private school, philanthropic
organization, or community organization, which private school, philanthropic
organization or community organization or its parent organization is on file with the
Minnesota Secretary of State as a Minnesota domestic or a foreign business organization
or has filed an assumed name, where the proceeds of the sales are mainly devoted to the
benefit of the children engaged in the permit activities.
D. 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.
Subd. 5. Application and Fee.
A. Applicants for a peddler, solicitor, or transient merchant 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.
B. At the time of filing an application for a peddler, solicitor, or transient merchant permit, a
fee shall be paid to the City Clerk to cover the cost of administering the permit and
investigation of the facts stated therein. The fee shall be as set forth in the City fee
schedule and may be amended from time to time. No fees are required of individuals
taking orders for the shipment of goods through interstate commerce.
Subd. 6. Investigation and Issuance.
A. Upon receipt of each peddler, solicitor or transient merchant application, it shall be
referred to the Chief of Police who shall institute such investigation of the applicant's
business and moral character as s/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 a reasonable period of time.
B. 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/her
approval and return the application to the City Clerk, who shall issue the permit to the
applicant. Such permit shall contain the information and be in the form required by the
City.
C. If, as a result of such investigation,the applicant's business or moral character are found
to be unsatisfactory, the Chief of Police shall endorse on such application his/her
disapproval and his/her reasons for the same, and return the application to the City Clerk,
who shall notify the applicant that his/her application is denied and that no permit will be
issued. Any applicant's business or 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. The failure of an applicant to fully complete or to sign the permit application.
3. The failure of an applicant to pay the required fee at the time of application.
4. A conviction or adjudication within 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 sought in a legal manner. Such violations shall include, but are not
limited to, burglary, theft, larceny, swindling, fraud, unlawful business practices, and
any form of actual or threatened physical harm against another person.
5. 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.
6. The denial, within the last year, of any license or permit application for the purpose of
conducting business as a peddler, solicitor, or transient merchant.
7. When an applicant has a bad business reputation, evidence of which shall include, but
is not limited to, the existence of more than three (3) substantiated complaints against
an applicant with the Better Business Bureau, the Office of the Minnesota Attorney
General or another state's regulatory office or department (such as another state's
attorney general's office), or other business or consumer rights office or agency,
within the preceding twelve (12) months, or three (3) substantiated complaints filed
with the city or another city, town, or other political subdivision against an applicant
within the preceding five (5) years.
8. Failure to follow all Federal, State and Local regulations, including failure to be
registered, licensed or permitted if such registration, license or permit is required by
any Federal, State or Local regulation.
D. Any permit holder aggrieved by the denial of a permit may appeal to the City Manager.
Such appeal shall be taken by filing with the City Clerk within ten (10) days after the
denial of a permit, a written statement requesting a hearing before the City Manager and
setting forth fully the grounds for the appeal. A hearing shall be held within fifteen (15)
days of receipt of the request. Notice of the hearing shall be given by the City Clerk in
writing, setting forth the time and place of hearing. Such notice shall be mailed, postage
prepaid, to the permit holder at his/her 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. 7. General Permit Provisions.
A. Each person engaged in permit activities must be permitted as provided herein and may
not be accompanied by a person who is not permitted while engaging in such activities.
No permit may be transferred between persons or businesses.
B. Each person engaged in permit activities must carry the City issued permit on his or her
person and must display the permit between the waist and the neck on the front of his or
her outer garment while engaged in permit activities.
C. All permits shall expire on December 31 in the year the permit is issued.
D. The permit issued by the City is the property of the City and must be returned to the City
within seven (7) days of its expiration.
E. Each person engaged in permit activities must provide a sales slip, receipt, or other
documentation to any person to whom they make a sale, or from whom they take an order
or receive funds. The sales slip, receipt, or documentation must include the name of the
person engaged in permit activities, his or her affiliated organization, the organization's
address and phone number, and a description of the transaction.
Subd. 8. Restrictions.No peddler, solicitor,transient merchant, non-commercial door-to-door
advocate, any person acting on his or her behalf, or other person engaged in similar activities
shall, while engaged in such activities:
A. 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 property 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.
B. Enter in or upon the property of another or attempt to enter in or upon the property of
another if a placard or sign has been posted excluding peddlers and solicitors. The
printed placard or sign must bear 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 person other than the person occupying such
property shall remove, injure or deface such placard or sign.
C. Enter in or upon the property of another or attempt to enter in or upon the property of
another before 9:00 a.m. or after 7:00 p.m. local time year-round
D. Obstruct the free flow of traffic, either vehicular or pedestrian in any public right of way.
E. Make false or misleading statements about the activities or the products or services being
sold.
F. State or imply that the City, by issuance of a permit, has endorsed his/her activities or
products.
G. Operate in a manner a reasonable person would find harassing, intimidating, abusive or
threatening.
H. Operate in a manner a reasonable person would find offensive, obscene, or abusive, push
open a door not opened by an occupant, place any portion of the person's body through
an opened doorway without the invitation of an occupant, or physically attempt to stop an
occupant from closing a door.
I. Enter onto the property of another through any side or rear yard or attempt to make
contact with a person at any point other than the main point of entrance of the building or
property being approached.
J. Remain on the property of another after instructed to leave.
K. Act in a manner that threatens the health, safety, or welfare of any person or the general
public.
L. Conduct permit activities in any city park without prior written authorization from the
City Manager.
Subd. 9. Revocation of Permit.
A. Permits issued under the provisions of this Section may be revoked after notice and a
hearing conducted by the City Manager, for any of the following causes: violation of this
Section; violation of federal, state, or local law rule or regulation relating to peddlers,
solicitors, or transient merchants; or any action identified in Subd. 6 C.
B. The Chief of Police may recommend revocation of a permit to the City Manager. 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 permit holder at his/her 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. 10. Appeal. The decision of the City Manager following a public hearing as provided for
in this Section can be appealed by petitioning the Minnesota Court of Appeals for a writ of
certiorari.
Subd. 11. Emergency. If, in the discretion of the City Manager, imminent harm to the health or
safety of the public may occur because of the actions of any person permitted under this Section,
the City Manager may immediately suspend the person's permit and in such event shall provide
notice to the person of the right to a post-suspension hearing pursuant to the procedures in Subd.
9.
Subd. 12. Severability. If any provision of this Section is found to be invalid for any reason by
a court of competent jurisdiction, the validity of the remaining provisions shall not be affected.
Subd. 13. Penalty.
A. Failure to perform, meet or comply with any condition or obligation imposed upon a
permit holder by the City Code shall constitute a sufficient ground to withhold issuance,
suspend, or revoke the permit.
B. A person who commits or attempts to commit, conspires to commit or aids or abets in the
commission of an act constituting a violation of this Section, whether individually or in
connection with one or more other persons or as principal, agent, or accessory is guilty of
a misdemeanor. A person who falsely, fraudulently, forcibly or willfully induces, causes,
coerces, permits or directs another to violate a provision of Section is guilty of a
misdemeanor.
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
171" day of February, 2015 and finally read and adopted and ordered published at a regular
meeting of the City Council of said City on the 171h day of February, 2015.
Ll i/ /,Q/ ,
Kat een Porta, City Clerk c41yi2-L e r
PUBLISHED in the Eden Prairie News on February 26, 2015.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF ORDINANCE NO. 1-2015
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY
CODE CHAPTER 5 BY AMENDING SECTION 5.37 RELATING TO PEDDLERS; AND
ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH,
AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS.
The following is only a summary of Ordinance No. 1-2015. The full text is available for public
inspection by any person during regular office hours at the Office of the City Clerk.
SUMMARY: The Ordinance amends City Code Section 5.37 relating to the regulation of peddlers,
solicitors and transient merchants. The Ordinance incorporates,by reference, City Code Chapter 1
and City Code Section 5.99, which contain provisions relating to penalties.
EFFECTIVE DATE. This Ordinance shall take effect upon publication.
ATTEST:
,aeK hleen Porta, City Clerk N cy a-L ens, ay
PUBLISHED in the Eden Prairie News on February 26, 2015.
Affidavit of Publication
Southwest Newspapers
State of Minnesota )
)SS.
County of Hennepin )
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,
MINNESOTA Laurie A. Hartmann, being duly sworn, on oath says that she is the authorized agent of the
SUMMARY OF ORDINANCE
NO. 1-2015 publisher of the newspapers known as the Eden Prairie News and Lakeshore Weekly News and
AN ORDINANCE OF THE has full knowledge of the facts herein stated as follows:
CITY OF EDEN PRAIRIE,
MINNESOTA, AMENDING (A) This newspaper has complied with the requirements constituting qualification as a legal
CITY CODE CHAPTER 5 BY newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as
AMENDING SECTION 5.37 amended.
RELATING TO PEDDLERS;AND
ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND (13)The printed public notice that is attached to this Affidavit and identified as No. 3 TO /
SECTION 5.99 WHICH,AMONG was published on the date or dates and in the newspaper stated in the attached Notice and said
OTHER THINGS, CONTAIN Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of
PENALTY PROVISIONS the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both
The following is only a inclusive,and is hereby acknowledged as being the kind and size of type used in the composition
summary of Ordinance No.1-2015. and publication of the Notice:
The full text is available for public
inspection by any person during abcdefghijklmnopqrstuvwxyz
regular office hours at the Office
of the City Clerk. ^�
SUMMARY: The Ordinance amends City Code Section 5.37 /gv:
relating to the regulation of Laurie A.Hartmann
Peddlers,solicitors and transient
merchants. The Ordinance
incorporates, by reference, City
Code Chapter 1 and City Code Subscribed and sworn before me on
Section 5.99, which contain
provisions relating to penalties.
EFFECTIVE DATE. This
Ordinance shall take effect upon /)
publication. this day of 2015
Nancy Tyra-Lukens,Mayor
Attest: Kathleen Porta,City
Clerk : .
(Published in the Eden Prairie �"r y t,� �V N E TE W
News on Thursday,February 26, ` ,
2015:No.3804) a ;v0`Afll PUBLIC �9'.MNESOTP.
to ublic ,''° ? �1uS1(��E�RES
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space...$31.20 per column inch
Maximum rate allowed by law for the above matter...................................$31.20 per column inch
Rate actually charged for the above matter...............................................$12.59 per column inch