83-015 ORD
ORDINANCE 83-15
The City Council of the City of Elk River does ordain as follows:
Section 722 - Transient Merchants, Peddlers and Hawkers.
722.00 - Definitions.
combination of words,
have the meanings set
Unless the context clearly indicates otherwise, the words,
terms and phrases as used in Section 722.00 et. seq. shall
forth in the following paragraphs:
1. "Transient Merchant" shall mean 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 in
traveling from place to place in this city, selling goods, wares, and merchandise;
and who, for the purpose of carrying on such business, hire, lease, occupy, or
use a building, structure, vacant lot, railroad car or any public property or
right-of-way, for the exhibition and sale of such goods, wares, and merchandise.
2. "Hawker" and "peddler" shall mean any person with no fixed palce of dealing
who travels around from place to place, or from street to street carrying, or
transporting goods, wares, and merchandise, offering the same for sale or
making sales and delivering articles to purchasers.
3. "Goods, wares and merchandise" does not include:
a. fresh vegetables and produce sold on a seasonal basis;
b. personal and household effects sold at a "garage" or estate sale held
at or in a residential property;
c. prepared foods sold for immediate consumption, such as ice cream cones
or bars, popcorn, hotdogs, etc.
722.02 - License Required. It shall be unlawful for any person, firm or corpor-
ation to engage in the activities of peddling, hawking or transient selling
without being licensed as provided in this ordinance. A separate license must
be obtained for each place of business.
722.04 - License Application. The initial application for the license provided
in this Section should be made to the City Administrator by filing the annual
license fee and by completing an application form or forms as provided by said
City Administrator. In addition to such information as the City Administrator
may require, the application shall include:
1. Whether the applicant is a natural person, a corporation, a partnership or
other form of organization.
2. The true name and street address and telephone number of 'the applicant.
3. Whether the applicant has ever used or has been known by a name other than
his, or its, true name~ and if so, what was such name or names and information
concerning dates and places used.
4. A brief description of the nature of the business and the goods to be
sold and in the case of products of farm or orchard, whether produced or grown
by the applicant.
5. The precise location in the City of Elk River, by street address or other
appropriate description, where the business is to be conducted.
6. The length of time for which the right to do business is desired.
7. If a vehicle is to be used, description of the same together with license
number or other means of identification.
8. Whether the applicant is licensedin any other communities to operate similar
businesses; and if so, where.
9. A copy of the applicant's permit to engage in the business of making retail
sales issued by the State of Minnesota pursuant to Minnesota Statutes, Chapter
297A.
10. If the applicant is a natural person:
a. Whether the applicant is a citizen of the United States.
b. If employed, name and address of the employer, together with credentials
establishing the exact relationship.
c. A photograph of the applicant, taken within sixty (60) days immediately
prior to the date of the filing of the application, which picture shall
be two inches by two inches showing the head and the shoulders of the
applicant in a clear and distinguishing manner.
d. A statement as to whether or not the applicant has been convicted of
any crime, misdemeanor, or violation of any municipal ordinance, the
nature of the offense and the punishment or penalty assessed therefor.
11. If the applicant is a corporation, partnership or other form of organization:
a. Whether the corporation, partnership or other business organization is
organized under the laws of the State of Minnesota and, if not; (i) the
state in which the organization is organized; (ii) whether the organiza-
tion is authorized to transact business in Minnesota; and (iii) a copy
of the organization's Certificate of Authority to transact business in
Minnesota.
b. The address of the corporations, partnerships or the bus~ness organization's
registered office or registered agent in the State of Minnesota.
c. The name, address, telephone number and photograph, taken within 60
days immediately prior to the date of the filing of the application, which
picture shall be 2 inches by 2 inches showing the head and shoulders in a
clear and distinguishi~gmanner, of every agent or employee of the appli-
cant who will be employed by or transacting business on behalf of the
applicant in the City of Elk River.
d. A statement as to whether or not the applicant, or any officer, director
or partner of the applicant, has been convicted of any crime, misdemeanor,
or violation of any municipal ordinance, the nature of the offense and the
punishment or penalty assessed therefor.
722.06 - Review of License Application and Council Action.
1. All license applications shall be referred to the Chief of Police and such
other municipal departments or offices the City Administrator 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 Administrator.
2.
The Council, upon receipt of the recommendations referred to above,
afford the applicant and all interested parties a public hearing.
shall also have the discretion to consider in granting, denying or
a license any reasonable facts or circumstances relating to public
safety, and welfare; including but not limited to the following:
shall
The Council
reviewing
health,
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.
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 cicum-
stances, 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.
722.08 - License Fee and Licensure.
1. Annual Fee. The annual license fee for engaging in a transient busines,
peddling or hawking shall be $50.00 as established by the Elk River City
Council on October 17, 1983, 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. Upon denial of any application for a
license, the City shall refund the Annual Fee paid. No other refund shall be
made.
2. Investigation Fee. At the time of each initial application for a license for
engaging in a transient business, peddling or hawking, an investigation fee
to be established by the Council shall be paid in full. No investigation fee
shall be refunded.
722.10 - License Restrictions and'ReglIlatiG1lf>:.
1. All license holders are required to exhibit their licenses at the request
of any citizen.
2. No license or badge issued under the prOV1S1ons of this ordinance shall be
used or worn 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, parkds
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 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 then 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.
722.12 - Violations and Penalties. Any person, either as principal or agent, who
shall in any manner engage in, do or transact any business as a transient merchant,
peddler or hawker, 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 $500 or by imprisonment for a period not to exceed 90 days, or both.
This Ordinance shall take effect and be in full force from and after the date of
its publication.
Passed and adopted this 17th day of October, 1983.
-~. ..., " ^
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./" - /.;;/ // -
~Wi4:~~~ . ~
Richard Hinkle, Mayor
ATTEST:
4c-~
Robert C. Mi daugh
City Administrator
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA )
)SS
~UNTYOFS~URNE) _
li.N! ~))~ . ~~ , being duly sworn, on oath says he/she is and
during all the times herein stated has been the (?C~) publisher and printer
of the newspaper known as the Elk River Star News and has full knowledge of the facts herein
stated as follows: (11 Said newspaper is printed in the English language in newspaper format and
in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said
newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50 per-
cent of its news columns devoted to news of local interest to the community which it purports to
serve and does not wholly duplicate any other publication and is not made up entirely of patents,
plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality
which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has
an average of at least 75 percent of its total circulation currently paid or no more than three mon-
ths in arrears and has entry as second-class matter in its local post office. (5) Said newspaper pur-
ports to serve the City of Elk River in the County of Sherburne and it has its known office of
issue in the City of Elk River in said county, established and open during its regular business
hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained
by the managing officer of said newspaper or persons in its employ and subject to his direction
and control 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 newspaper
files a copy of each issue immediately with the State Historical Society. (7) Said newspaper is
made available at single or subscription prices to any person, corporation, partnership or other
unincorporated association requesting the newspaper and making the applicable payment. (8)
Said newspaper has complied with all the foregoing conditions for at least one year preceding the
day or dates of publication mentioned below. (9) Said newspaper has filed with the Secretary of
State of Minnesota prior to January I, 1966 and each January 1 thereafter an affidavit in the
form prescribed by the Secretary and signed by the managing officer of said newspaper and
sworn to before a notary public stating that the nspa~er is aJegal newspaper. . _:.5
He/she further states on oath that the printed ~ g3 I
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed
and published therein in the English language, once each week, for I successive
't\ks; that it was first so published on Thursday, the .I 5 ~ day of
}:jJ ,(\ ~ w0 19 7):3> and was thereafter printed and published on every
Thursday to and including Thursday the
day of 19 and that the following is a printed copy 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 c position and PAblicat' n of said notice, to wit:
abcdefghijklmnopqr uvwxyz.
. \ ~ ~ \l.-...::
(Notarial Seal)
day of /~ A-. 19 tf 3...
ta
19
~:tl~~~,,,,;, '<'1.1 ' '> . (,
~J)"'&;T~elell~t . f: ~iJIUl fQ! Wbillh thl.ffi~hq9
o.~Qbus~ !!1l"f;1d, . ....... .... .... .... .
i,: .'. 7. If l,l ve~cle is to bllused, description of'
'\~the~alI\l! ,to~llt~llr withU~ensenumber 'or
'9the!' lI\eAnS of identifiCation; , . ,,',
/Hl. Whether thll applicant ill licensll<1 inany
()t4~r . cOlllplPJlitillll.: to'" ?perate llimilar.
· , PusWesse!l; apd if IlQ, where.:.. .
',~. ,A COpy 9f :th@ :~ppijcant'spemllt to
: @n~agij in the' bU!:lilleiiil of ma~ing lietaiIsales'
. issued.by the~t~te'9fMillne!lgta pursuant to..
; Mhlnesotll'~~atptes', Qtlln)ter~f)1A,; ;": 1
'. i lQ. If the appliC!lnt ill a natur~l pfilrsf)ll:: ,
, . a: WhethElr U.ll~ applicant is !J. citizen of
the United States.. . ',' :' . ! ,
.' . b. If em~j9yed: nanie~a:rid address Qfthe
~~mployel',;: :toget;4~f ';wi~ih .'liredentlals
. Ilstablishlng the l;lX!}ct reIations4ip. ' ,.
":. 'c, A photpgr!lp!l,'pf ,tile app . t, tllk!ln
! withillisiXty(60) 9ars imillediatel ., Fior to '!
, the date of the filing of the application~which
pic;turll, shall be. two inche~by tW()','u,\ches
llhowing thll,hell.d .~n.(Hl1e,sl1ouldersof thl;l;
'~pplicant ,in ,a C1llll.f, and i,li~tinguishing Illan-
I)er., . ,:",'
'\ ,d, A~tatel\'lent as to whether or not the
IlPplicant' ~!l" been' Convilited:' of :any crime,.
nUsdemeanor, or violation of any municipal
llrdi~l;Ince, the ~ature :of the .offense and ,~he
pun~hm~nfo~,pr.AAl
.. ' ~ U,lUtW.ll, :rittiQll" p~rt,
, Ol'9t . QrgaJilZl'Ition;' .
. '.. . . <C pra:ti9~,p~rtgetsWp
~jplls!'lorganizatiQnt~Qrg!\~ized .
,Sta te 9f Mh:meil " n~; ;
te in wm<:h, thll"orgll. . n I
'. 'whet\l!lr',th~cirgl\n~ation Ii; ,:.\
. "autl1. ~ranslicjWh4Sh}(lss' in '.. Min-
n!ls!)Qli ~md. HW aCQPyof tile \>rga~liati9J1'S
\pe'rt~ficat~Qf,{\q~hority. to t.fan!'la~t h~~iness
In M1nnellotll. . '. ' . . ,', . " .:
b.The .a\ld.rj,lss qf the~orp9raUoJ1.~,part-
neJ'llmpfl. 'Qf the I'!!lsiness': organiZation's
, rfilWst~red omce ilp~~~tweQ llfl'llntJn the
. S,tateof Mipnesota, /.,'. ;" '::'''.' ~,' ",i" i".
. ,:' 'c.Thtl ,l}amf;;\;. addJ'~Ii~, tet~phope nq~per
',: and.; p' 'qO', dars .tlJl(',t'
tried.ia: ,iifilipg ~j, th~'::;:
.Il . '. e'.~:W(;h~!l;i'
at, the
fib artner
\9fthe!lpplicant.as,btlenconvicted of any
" Cl'jIne,: pUsd~nnellnor;. (If'Violation <;If: any
"'mu.nicipl;ll(lrdin,an,C~i.)t~enllturi:l'of the of.
fllnse andtheP\lnillhment or penalty assess-' ,
'. ed. therefor" .'
7~2.()f;l ~,Review of. ticeI:1se AppUcation and,
('i.coiIncil Action'. .
" ..l. Alllicense lippliclltion!'l shall be referred
. .' to the. hief ,Qfpolke < and >such other
;:,;,""uni :'d"'p" Art"'~ntA a..~iof" the Ci1v.o;'
r,;;tt;!'~ .. 'J'.~.";;r"';,:~~J'l'>",F..":,:)",;f,,,,, .':;' ..,}~. . .,1'''''_''';\
It Adll1l ator :d~!1ij.l~ Ii~C~~s~ ....... f!rJfl~li,
,. tion, . vllstigl'l,ti('jJl o1the factrr!:lf!t forth in",
i'" the apJ'!~(!lition.Th:~,.chjtJf of Poij(!f!i~ndother .
i~ dep!lftmtlnt h~act~:Q~ officers liollllU,lttJd Ilhal,l ,
~.,submit,"tp.llir rellPrt!j'!lnd reco~Elndations
Ii, to the C}tyrAdin.lr;tistr~tor.,:" """, . ..1:',
~. Tl1e' Councj1, upon reCeipt of the recom-
P1endation~referred to above, shall afford '
thedllpplicant and lill interested parties, a \,
., pub1i.c hearing. The Council shall also have
;<;Jb!.li(liscrlltion' to ~on!'lider' in '. grantil1g~denY-j "
'. . ~nitllviewmg'a'licen!!~,i.inYre~l:lop,!:lblll:
. ~,(l4'cumstances re14tingtQ'J;lublic!'
..l~t)\anq welf!ll'!l';:'in(lWdiIl~b~tno~
t~,the fQllowing:',' ,;'.... .';,;;,i:"'.'
h~chilracter and~UH;l!bility :of'thll
9rneighborhaod inwhiGh the prcip(lsed
',;AG~vitY.'istol.>eloclited; ," ..' '., .
;:;;:~;>Jj;:'l'he proximity: of' the proJ?o~e4,.ac-.. ,f
,'. '. i:'~Q '.. chur<<;hes.) sclu~ols, .' playgrounds,
Of Qther (lQIDl\'lunity f!lcilities which :
ti~ilq.YllrllelY!:lff!leted.. . .' . I
e.nire!l~Qn~ble Qasis is found by thll
t~.,tmPOSf! rellllonable restPictions on
,s~;' tllitin&\W-t<l,cotlsidf!ration one or
J.1ef!l . . , nCes, the Coun- '. ,
,'. . of lJlicense;
. and'
;cir-
tiyity'
l.\91ic
.. '. '.' ,'1.
"Jng!}gillg;in!li ,Il n~ss, Red.liliri~':Qr
. '. '.. h " as t lish d li"'e
hl'lW~,~ngllIi\U "es.!lb.,e Y.,h
,~lkll.iver Qit~,Oouncil PIiQlltOOtl:rl
'audshllllbe " '. '. '
so
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;*~tb~,j~ 9 .:
,,;'~.,oJicenl:le, " ..... n.
!;pehlllf.l:lhllllI;lPOJ,ltrt>!fwil horn,J:lngab
";llsei !lnY'l:lound.. deVlces; uQonraJlY.' .of
;"stl'eets,lilleys, f!!lr~soI;otl1e!'pqblic pI
<the <;iity or upon any private primullellin ..,
'City'.. '. ' ., '.'-' .'. 'i!, i .
"4. it shall ~e ~he duty of anY police otil~~r
',.of theqityttlrequire any person-seen pe~l-
':tug or eng!l " . .like&~tivitiell., !llld wli'~Pt,
V'H~. not knq ...,. ..,isu~h>9ffice\,~~,to be d!;1-1y
,,' lic~nseq, to Pll9~uca hill~"ensa an.i~, nfq.!~e
,..t:f,thl:}provisiomr~ftWs:9l'!:lin.~ ., .st fflY
/'per,SQn then inviQ1atioll of the. ia: . .
l., 5. .Failurapf;'/il.ny person, .4iPfDpr
''';:_~9Ulprati9n t()I,lOlfiplYWithI, th~~r-
~\Y,9ina~ces'QftheCity orthe'1l\ . the S~te
of Mlfinesota shall be groUlldll forsusftp-
, ding or revoking a licen~ll grap.ted ul).del',~.~is
, Section. . .... .' ~~i
'722,.12'; Violations llnd 'Penalties. Any'Iwr-
."j. n,,,,it4~1' II::! prjp.!lipll\.9rp~eijt,. (sha~in
.r.ma.*nf!r ~ng!!g~Y41i;dQQ~;'. ct'~py
:'. ; i..1 ..sin,E!s~'!lS; ~'tr!l,nsi!ln~ ~er~hI;lJl .dl~~r
Ah!twk!lr,\Wlthou~haymg.f! . , . . meii\f a
.i,;li!li;l~~e, Qr'whp:Ilh.!llt~9ndul,l~1l~Y::Sa e; or rtho
. "'i'llhl;lll sell 01:' otferfor l!iI;l~anyg06Q!'l,-)Var~tl! 61'
,';mllrc4andise; in, Njol/il.tiP'~ ' Htfh4l'Qidina*ce
,i\f;lMU 1:Ie guiltY'or~ mi\l!leW!l!lnor,:p1'lnish~ble
";"bya fine ofpQt.wqrlithan:tl90P,"9r byim-
. ...,.,,' p'!lSQumeIitfQr ~'peD?4il190~:;to,~~~ee1H90
.daYllrf;>I:' both.'",. .".,; """'. "",',".." ',~: .
. 'l'm~br4inllnc!l5haU ~l<e' !;lf~!lc~lIJ1d b~ in
, . '. fidr!fQr~e,;frqm~n4,llf~el:'th~,;patll of.~its
tlo~'\,'.'!', n",",','",'. . . )"\"'.'" ";,,.);,'
.' '!l'a49Ptl,ld:this;'lltti:c.PlIY olQc-