92-020 ORD
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ORDINANCE 92 - ~
CITY OF ELK RIVER
AN ORDINANCE AMENDING SECTION 722 RELATING TO THE REGULATION
OF TRANSIENT MERCHANTS, SOLICITORS, PEDDLERS ANB CANVASSERS
The City Council of the City of Elk River hereby amends
its City Code of Ordinances and does ordain as follows:
Section 1. Section 722 of the Elk River Code of
Ordinances is deleted in its entirety and amended to read as
follows:
SECTION 722 - TRANSIENT MERCHANTS, SOLICITORS, PEDDLERS AND
CANVASSERS
722.00 - SCOPE AND PURPOSE
The City of Elk River does establish regulations and licensing
requirements for any person, whether a resident of the City of
Elk River or not, desiring to conduct business that is not of a
permanent nature.
722.00 - DEFINITIONS
Unless the context clearly indicates otherwise, the words,
terms and phrases as used in Section 722 shall have the
meanings set forth in the following paragraphs:
CANVASSER: Any person canvassing for funds door-to-door in
this City on behalf of a charitable, religious or nonprofit
organization as defined in IRS Code Section SOl(c)(3).
PEDDLER: Any person with no fixed place of business dealing
in this City who travels around from place to place, or street
to street carrying or transporting goods, or solicitation for
all manner of wares, services and merchandise, offering the
same for sale or making sales and delivering articles to
purchasers.
SOLICITOR: Any person who goes from place to place and/or
house to house soliciting or taking or attempting to take
orders for the purchase of any foods, wares or merchandise,
including magazines, books, periodicals or personal property of
any nature whatsoever for delivery in the future, or orders for
the performance of a service in or about the home or place of
business, such as furnace cleaning, roof repair or blacktopping.
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TRANSIENT MERCHANT: Any person, individual, partnership, or
corporation, whether principal, employee or agent, who engage
in, do, or transact any temporary or transient business in this
city, either in one locality or travelling from place to place,
in this city, selling goods, wares, and merchandise; and who,
for the purposes of carrying on such business, hire, lease,
occupy or use a building, structure, vehicle, property, or
other place for the exhibition and sale of such goods, wares,
and merchandise.
722.04 - LICENSE REQUIRED
It shall be unlawful for any person, firm, or corporation to
engage in the activities of peddling, soliciting, or transient
selling without first having obtained a license in compliance
with the provisions of this Ordinance.
1. Separate Licenses - A separate license shall be secured
for each individual person engaged as a peddler, solicitor or
transient merchant.
2. Canvasser - If a person canvasses door-to-door in this
City on behalf of a religious, charitable or nonprofit
organization, one exempt license will be issued to the
organization. The organization in turn must furnish all of its
agents' or representatives' credentials in writing stating the
name of the organization, name of agent and purpose of
canvassing. All other canvassers should have individual city
permits while conducting canvassing in the City.
722.06 - LICENSE APPLICATION
The application for the license provided in this Section should
be made to the City Clerk by filing the annual license fee and
by completing an application form or forms as provided by said
City Clerk. In addition to such information as the City Clerk
may require, the application shall include:
1. Name of the applicant and all persons associated in
business in the City.
2. Permanent home address and full local address of the
applicant, and permanent and local telephone numbers of
applicant.
3. A brief written description of the nature of the business,
goods to be sold, and the applicant's method of operation.
4. If employed, the name and address of the employer,
together with credentials establishing the exact relationship.
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5. The length of time which the applicant intends to do
business in the City, with the approximate dates.
6. The place where the goods or property proposed to be sold,
or orders taken for the sale thereof, are manufactured or
produced, where such goods or products are located at the time
said application is filed, and the proposed method of delivery.
7. A photograph of the applicant, taken within sixty (60)
days immediately prior to the date of filing of the
application, which picture shall be two (2") inches by two (2")
showing the head and shoulders of the applicant in a clear and
distinguishable manner.
8. A statement as to whether or not the applicant or the
person managing the business has been convicted of any crime,
misdemeanor or violation of any municipal ordinance, involving
activities licensed under this Ordinance, the nature of the
offense and the punishment or penalty assessed therefor.
9. If a vehicle is to be used, a description of the same
together with license number or other means of identification.
10. A statement of the nature, character, and quality of the
goods, wares, or merchandise to be sold or offered for sale by
the applicant, the invoice value and quality of such goods,
wares, and merchandise, whether the same are proposed to be
sold from stock in possession or by sample, at auction, by
direct sale, or by taking orders for future delivery.
11. A brief statement of the nature, character, and content of
the advertising done or proposed to be done in order to attract
customers (samples may be requested).
12. Credentials from the person, for which the applicant
proposes to do business, authorizing the applicant to act as
such representative.
13. Transient merchants shall include the addresses of all
places where the business is to be located along with written
consent of the owners or occupants.
722.08 - REGULATIONS - TRANSIENT MERCHANTS
1. Public Property - It shall be unlawful to sell or offer
for sale any goods, wares, or merchandise on any public lands
or public right-of-way within the city.
2. Private Property - No transient merchant shall sell or
offer for sale any goods, wares, or merchandise within the City
from a stationary location on private property at any location
where such sales would not be permitted by Chapter IX of the
City Code or without first obtaining the written consent of the
~ property owner or occupant. The written consent must accompany
the license application.
3. Parking - No license shall be issued for sales from any
location which does not have sufficient parking for customers
and for areas where customer parking would interfere with
normal traffic flow. The Zoning Administrator must determine
that there be adequate off-street parking to serve both the
principal use of the property and the transient merchant use of
the property.
4. Safety - No transient merchant license shall be issued,
and no sales shall take place, if the proposed location for
transient merchant sales is within 150 feet of any intersection.
5. Off-Street Parkinq - The space used by the transient
merchant, including off-street parking in connection therewith,
shall not exceed the space needed for the existing business at
the site; and in any case, the merchandise displayed shall not
occupy more than 100 square feet.
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6. Duration - No transient merchant license shall be issued
for more than 365 days during which sales shall be limited to
thirty days. At the time of the application for the transient
merchant license, the applicant shall state the times within
the license period to be used by the applicant.
7. Storage - No overnight storage of transient merchant
equipment or merchandise shall be permitted.
8. Signage - No signage shall violate City Code provisions
relating to size and number of business signs.
722.10 - EXCLUSIONS
The City Clerk may determine that certain business activities
that may have characteristics similar to those regulated by
this Ordinance may be exempt from the requirements of this
Ordinance. Examples include:
1. A solicitor or canvasser doing business by appointment. A
bona fide appointment is one that is not merely obtained by
going door-to-door in conjunction with the taking of orders,
offering for sale or selling.
2. Solicitation of orders for future door-to-door delivery of
newspapers.
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3. School children selling items to raise funds on behalf of
nonprofit organizations which benefit children, including, but
not limited to schools, scouts, organized youth groups.
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4. Salespersons selling goods to retail or wholesale stores
or to professional or industrial establishments.
5. Any person selling or peddling the products of the farm or
garden occupied and cultivated by such person.
6. All vendors involved in the following community events:
Fourth of July celebration; Community Festival; Sherburne
County Fair; Business Expo, and any other community event the
City Council deems exempt.
7. Garage sales, rummage sales, and craft sales.
722.12 - RELIGIOUS, POLITICAL, EDUCATIONAL & CHARITABLE
ORGANIZATIONS
This Ordinance does not apply to any organization, society,
association or corporation if such organization is registered
with the Secretary of State pursuant to the provisions of
Minnesota Statutes Section 309.51-.52 if such desires to
solicit or have solicited in its name money, donations of money
or property or financial assistance of any kind, or desiring to
sell or distribute any item of literature or merchandise for
which a fee is charged or solicited 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. To qualify for this exemption, the organization or
individual shall provide a sworn statement in writing on a form
furnished by the City which shall include the following
information:
1. Name and purpose of the cause for which the license is
sought.
2. Names and addresses of the officers and/or directors of
the organization.
3. The period during which the solicitation is to be
conducted.
722.14 - REVIEW OF LICENSE APPLICATION AND COUNCIL ACTION
1. All license applications shall be made to the City Clerk
and referred to the Chief of Police and such other municipal
departments or offices the City Clerk deems necessary for
verification and investigation of the facts set forth in the
application. The Chief of Police and other department heads or
officers consulted shall submit their reports and
recommendations to the City Clerk.
2. The Council shall also have the discretion to consider in
granting, denying or renewing a license any reasonable facts or
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circumstances relating to public health, safety, and welfare;
including but not limited to the following:
a. The character and suitability of the area or
neighborhood in which the proposed activity is to be
located.
b. The proximity of the proposed activities to churches,
schools, playgrounds, parks, or other community facilities
which might be adversely affected.
c. The proximity of the proposed activities in relation
to traffic congestion and parking which causes
interference with normal traffic flow, congestion, or
inconvenience to the public.
3. Where reasonable basis is found by the Council to impose
reasonable restrictions on the license, taking into
consideration one or more of the facts or circumstances, the
Council may upon issuance or renewal of a license impose such
reasonable conditions and restrictions on the manner and
circumstances under which the licensed activity shall be
conducted to preserve the public peace and protect and promote
good order and security.
722.16 - LICENSE FEE AND LICENSURE
1. Annual Fee - The annual license fee for engaging in a
transient business, peddling, or soliciting shall be
established by resolution by the Elk River City Council from
time to time and shall be payable at the time of application
for a license. A license, unless revoked, is for the calendar
year or part thereof for which it has been issued. License
fees may not be prorated. Upon denial of any application for a
license, the City shall refund the annual fee paid.
700.18 - LICENSE RESTRICTIONS AND REGULATIONS
1. All license holders are required to exhibit their licenses
at the request of any citizen.
2. No license issued under the provlslons of this ordinance
shall be used at any time by any person other than the one to
whom it is issued.
3. No license holder, nor any person in his behalf, shall
shout, blow a horn, ring a bell or use any sound devices, upon
any of the streets, alleys, parks, or other public places of
the City or upon any private premises in the City.
4. It shall be the duty of any police officer of the City to
require any person seen peddling or engaging in like
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activities, and whom is not known to such officer to be duly
licensed, to produce his license and to enforce the provisions
of this ordinance against any person when in violation of the
same.
5. Failure of any person, partnership, or corporation to
comply with any of the ordinances of the City or the laws of
the State of Minnesota shall be grounds for suspending or
revoking a license granted under this Section.
722.20 - PEDDLERS, CANVASSERS AND SOLICITORS MAY BE PROHIBITED
BY PLACARD
1. Any resident of the City who wishes to exclude peddlers,
canvassers or solicitors from premises occupied by said
resident may place upon or near the usual entrance to such
premises a printed placard or sign bearing the following
notice: "Peddlers and Solicitors Prohibited." Such placard
shall be at least 3 1/2 inches long and 3 1/2 inches wide and
the printing thereon shall not be smaller than 49 point type.
No peddler, canvasser or solicitor shall enter in or upon any
premises, or attempt to enter in or upon any premises, where
such a placard or sign is placed and maintained.
2. No person other than the person occupying such premises
shall remove, injure or deface such placard or sign.
3. Violation of this section shall result in the revocation
of a duly issued license.
722.22 - VIOLATIONS AND PENALTIES
Any person, either as principal or agent, who shall in any
manner engage in, transact any business as a canvasser,
solicitor, transient merchant, or peddler without having first
obtained a license, or who shall conduct any sale, or who shall
sell or offer for sale any goods, wares or merchandise in
violation of this Ordinance shall be guilty of a misdemeanor,
punishable by a fine of not more than $700 or by imprisonment
for a period not to exceed 90 days, or both.
Mfidavit of Publication
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USOLU'I'ION It ...
RESOLU'I'ION POa THE. cm 01'
, ELK'RlVER
A RESOLUTION APPROVING
NOTICE 01' PUBLICATION OF
,. OllDINANCE.92-JO
SUMMAaY OF TRANSIENT
~CIIANT, SOLICITOR.
PEQQLERANQ;CANVASS.... ER
, .ORD~CE.
WHEREAS, the .City CouncPof the
CityofJl;lklUver heteby amencW Section
722 of the Elk River Code ofOr4inuces
titled, "Transient Merchants, Sqlicitors,
Peddlers and Canvessers: and does or-
dain as follows; and, . !
WHEREAS, theordinanceamen<iment
provides for the regulation an'!llicens-
ing of transient :merchants, sOlicitors,
peddlers andcanvaBBers desiring to con-
duct business that is not of apellDlanent'
nature in the City of Elk River; and,
WHEREAS, a copy of the full text of
this ordinance amendment is a~ailable
for inspection by any person at the office
of the Elk River City Clerk during nor-
mal business hours; and,
WHEREAS, Ordinance 92-20 was
passed and. adopted by the Elk River
City Council on the 6th day of July,
1992-
NOW,THEREFORE, BE JT RE-
SOLVED thatOl'dinance 92-~O shall
become effective upon publi~tionof
Resolution 92-68.
Passed' and adopted by the Ilk River
" CityCO~ciJ.this 6th lla)f.ofJu!>'l.!992.
James A. TraU<!. M.ayor
ATTEST:" ,
Sandra Tbaekeray, Cif,y-.Cletk:
..... (JyI5)
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STATE OF MINNESOTA )
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COUNTY OF SHERBURNE)
being duly sworn, on oath says at he/she is the publisher or
authorized agent and employee of the publisher of the newspa-
per known as The Elk River Star News, and has full knowledge
of the facts which are stated below:
(A) The newspaper has complied with all the requirements
constituting qualification as a qualified newspaper, as provided
by Minnesota Statute 331A.02, 331A.07, and other applicnLle
laws, as amended.
(B)TheprintedJ(t"<:oI~+-iOn qJ -(p?; - Tr{)l)Slcnf
Jl1c~"Ch(i l~ Sol i ( ;.+-n,rS) Pcdd l-er:\ nYld Ct1Y1VttS5LvS.
which is attached was cut from the columns of said newspaper,
and was printed and published once each week, for / suc-
cessive wee~~,~it was frrst published on Wednesday, the /,5'-/:k
day of J a / ~ ' 19 9 J.--, and was thereafter
printed and pull Ished on every Wednesday to and including
Wednesday, the_day of ,19-,--;
and printed below is a copy of the lower case alphabet from A to
Z, both inclusive, which is hereby acknowledged as being the size
and kind of type used in the composition and publication of the
notice.
a bed erg h ij k Lm no p q r 8 t u v w x y z
~aJ!r~~
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15 day of
Subscribed and sw~rn to before me on this
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Nota~ ~
HIMINSKI
SOTA
NOTARYOKA COUNTY ~
RATE INFO , . .~ ., U C~~islion explrfl June 10. 1993 ~
(1) Lowest classified rate paid by ~ . :~;::;'f,"''':MN'-",,,,,,,^,,,,,~''''YINHN..Y7
commercial users for comparable' " 1-J.7 K ^
~~e $~.JU
(2) Maximum rate allowed by law for
the above matter $ :?fJ. 59
(3) Rate actually charged for the 31. 59
above matter $