6.1. SR 06-16-2008REQUEST FOR ACTION
To Item Number
Ci Council 6.1.
Agenda Section Meeting Date Prepared by
Administration une 16, 2008 Tina Allard, Ci Clerk
Item Description Reviewed by
^ Ordinance Repealing all of Chapter 38, Article VIII and Lori ohnson, Ci Administrator
Adopting New Section Regarding Peddlers, Solicitors, Reviewed by
and Transient Merchants
^ Resolution Approving Summary Publication of the
Ordinance
Action Requested
Two Council motions and feedback on the attached city issued license.
Adopt ordinance 08-_ repealing all of Chapter 38, Article VIII titled, "Peddlers and Solicitors,"
and Adopting new Chapter 38, Article VIII, titled, "Peddlers, Solicitors, and Transient
Merchants" of the City Code of Ordinances.
2. Adopt Resolution 08-_, which allows for summary publication of the ordinance. Afour-fifth
vote is required.
Background/Discussion
At the April 14, 2008 worksession meeting, the Council reviewed the ordinance regarding peddlers,
solicitors, and transient merchants. Below are the comments from that meeting:
Peddlers, Solicitors, and Transient Merchant
^ Concerns with the city issued ID looking like it endorses solicitors/peddlers. The attorney suggested
making the photo ID the city issued license with expiration dates. Chief Beahen suggested looking at
an ID that has a time limit and becomes void by a certain date. It was noted that the city should
make sure costs are being covered with the additional costs for the ID.
^ Revocation should be included in the Grounds for Granting and Denial.
^ Change the hours to Monday through Saturday, noon to 6:00 p.m.
^ Solicitors should be charged a fee to cover the city's administrative costs.
The city attorney has reviewed the ordinance.
Staff reviewed other options for the city issued license. Licensee's request different timeframes to work in
the city and IDs that become void by a certain time limit would be difficult to utilize because they have
specific timeframes such as one day or 30 days.
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Requiring the licensee to wear acity-issued license with a photo promotes the following:
1. Makes it more difficult to share the license with others in the same company who have not
applied for a license
2. Is more visible to police and residents. Residents could get information from the license, such as
name and company name, expiration dates, and the ID #.
Feel free to email or call me with any questions.
Attachments
' Ordinance
Resolution for Summary Publication
Sample of city-issued license
Action Motion by Second by Vote
Follow Up
S:\Administration\Council RCA\Ordinance Changes\Solicitor.doc
... , ~ _
- --- - ~ ID # 08-01 -
~~
• .. {Issued by the City of Elk River
and is the property of the City.
THE HOLDER OF THIS CARD IS
NOT A CITY EMPLOYEE and ,
- card must be surrendered
upon demand.
EXPIRES
12-29-2008 If found, please return to:
MARY JONES City Clerk's office
.~G'Welry COrrlparty City of Elk River
13065 Orono Parkway
NON-TRANSFER.48LE Elk River, MN 55330
763.635.1000
RESOLUTION 08-
A RESOLUTION OF THE CITY OF ELK RIVER
A RESOLUTION APPROVING NOTICE OF
SUMMARY PUBLICATION OF ORDINANCE #08-_
AN ORDINANCE REPEALING ALL OF CHAPTER 38, ARTICLE VI11,
"PEDDLERS AND SOLICITORS," AND ADOPTING NEW CHAPTER 38,
ARTICLE VIII, "PEDDLERS, SOLICITORS, AND TRANSIENT
MERCHANTS," OF THE CITY CODE OF ORDINANCES
WHEREAS, on June 16, 2008 the Elk River City Council adopted Ordinance 08-_ an
Ordinance repealing Chapter 38, Article VIII, titled "Peddlers and
Solicitors," and adopting a new Chapter 38, Article VIII titled, "Peddlers,
Solicitors, and Transient Merchants," of the City Code of Ordinances; and
WHEREAS, the adoption to the ordinance sets forth rules and regulations for peddlers,
solicitors, and transient merchants, including the purpose of the ordinance,
exemptions to the ordinance, grounds for granting or denying a license, and
licensing, investigation, and restriction requirements; and
WHEREAS, a copy of the full text of this ordinance is available by standard or electronic
mail or for inspection at the office of the Elk River City Clerk, 13065 Orono
Parkway, during regular business hours, 8:00 a.m. to 4:30 p.m., Monday
through Friday; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council, by at least four-fifths
vote, authorizes the publication of the title and summary of Ordinance 08-_
and that Ordinance 08-_ shall become effective upon publication of this
resolution.
Passed and adopted this 16`'' day of June 2008.
Stephanie Klinzing, Mayor
ATTEST:
Tina Allard, City Clerk
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ORDINANCE 08-
AN ORDINANCE OF THE CITY OF ELK RIVER REPEALING ALL OF CHAPTER
38, ARTICLE VIII, "PEDDLERS AND SOLICITORS," AND ADOPTING NEW
CHAPTER 38, ARTICLE VIII, "PEDDLERS, SOLICITORS, AND TRANSIENT
MERCHANTS," OF THE CITY CODE OF ORDINANCES
THE CITY COUNCIL OF THE CITY OF ELK RIVER DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I. CHAPTER 38, ARTICLE VIII OF THE ELK RIVER MUNICIPAL CODE IS HEREBY
REPEALED.
SECTION 2. NEW CHAPTER 38, ARTICLE VIII OF THE ELK RIVER MUNICIPAL CODE IS
HEREBY ADOPTED, AS FOLLOWS:
CHAPTER 38, ARTICLE VIII. PEDDLERS, SOLICITORS, AND TRANSIENT
MERCHANTS
DIVISION I. GENERALLY
Sec. 38-381. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
Non-profit
An organization that currently has tax-exempt status from either the state or federal government and
provides written evidence of that status.
Peddler
Any person with no fixed place of business dealing in the city who travels axound from place to place,
or street to street, carrying or transporting goods, or soliciting for all manner of wares, services and
merchandise, offering such wares, service or merchandise 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 food, 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.
Transient Merchant
Any person, whether as principal, employee or agent, who engages in, does, or transacts any temporary
or transient business in the city, either in one locality or traveling from place to place in the city, selling
goods, waxes, and merchandise, and who, for the purposes of carrying on such business, hires, leases,
occupies or uses a building, structure, vehicle, property, or other place for the exhibition and sale of
such goods, wares, and merchandise.
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Occupant
A person owning, living, staying, or working at a residence, including a guest.
Sec. 38-382. Purpose of article.
The purpose of this article is to protect citizens by imposing reasonable regulations on peddlers,
solicitors, and transient merchants so as to prevent individuals who may be engaged in unlawful
activities from posing as legitimate peddlers, solicitors, and transient merchants.
Sec. 38-383. Exemptions.
All persons engaged in the business activities described in this section shall comply with the provisions
of Section 38-414 (c). The following business activities shall be exempt from the requirements of this
article. The City Clerk shall determine if a business activity falls within these exemptions, subject to
appeal to the city council.
(a) 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.
(b) Solicitation of orders for future door-to-door delivery of newspapers
(c) Nonprofit groups that register with the city clerk. No fee is required to so register. This
exemption does not include individuals who are paid to engage in peddling, soliciting, or
transient merchant business.
(d) Selling goods to retail or wholesale stores or to professional or industrial establishments for
retail sale only.
(e) Selling or peddling the products of the farm or garden grown and cultivated by such person,
but such activities must comply with applicable health regulations.
(f) 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.
(g) Garage sales, rummage sales, and craft sales.
(h) Establishing a regular customer delivery route for the delivery of perishable food and dairy
products such as baked goods, milk, and groceries.
(i) Selling goods or admissions to events by K-12 students where the proceeds of such sales
benefit a program or activity in which the student is involved.
Sec. 38-384. Duties of police.
It shall be the duty of any police officer of the city to require any person seen soliciting, peddling, or
engaging in like activities, and who is not known to such officer to be duly licensed, to produce his city
issued license and a driver's license or state identification card. It shall be the duty of any police officer
to enforce the provisions of this article or any other law.
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Sec. 38-385. Exclusion by placard
(a) Any resident of the city who wishes to exclude peddlers or solicitors from premises occupied
by the 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 or solicitor, including those exempt from license requirements
as provided in Section 38-383 of this Code, 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.
(b) Violation of this section shall result in the revocation of a duly issued license.
Secs. 38-386--38-410. Reserved.
DIVISION 2. LICENSE
Sec. 38-411. Required.
It shall be unlawful for any person to engage in the activity of peddling, soliciting, or transient selling
without first having obtained a license in compliance with the provisions of this division. A separate
license shall be secured for each individual person engaged as a peddler, solicitor, or transient
merchant.
Sec. 38-412. Application.
The application for the license provided for in this division shall be made to the city clerk by filing the
annual license fee and by completing an application form as provided by the city clerk. In addition to
such information as the city clerk may require, the application shall include:
(a) The name of the applicant and all persons associated in business in the city.
(b) The permanent home address and full local address of the applicant, and the permanent and
local telephone numbers of the applicant.
(c) A brief written description of the nature of the business, the goods to be sold, and the
applicant's method of operation.
(d) Credentials from the person for which the applicant proposes to do business, authorizing the
applicant to act as such representative.
(e) Dates the applicant intends to do business in the city.
(f) The location where the goods or property proposed to be sold, or orders taken for the sale
thereof, is manufactured or produced, where such goods or products are located at the time the
application is filed, and the proposed method of delivery.
(g) Permission for the city to take a photo of applicant in order to create a city issued license.
(h) A statement as to whether or not the applicant and the person managing the business has been
convicted of any crime, misdemeanor or violation of any city, state, or federal law, involving
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activities licensed under this article, the nature of the offense and the punishment or penalty
assessed therefor.
(i) If a vehicle is to be used, a description of the vehicle, together with the license number or other
means of identification.
(j) A copy of all documents to be used by the applicant, such as pamphlets and brochures.
(k) For transient merchants, the addresses of all places where the business is to be located, along
with written consent of the owners or occupants.
(1) The last three cities or other localities where the applicant conducted the proposed activity
immediately preceding the date of the application.
Sec. 38-413. Investigation; granting, denial, or revocation.
(a) All license applications under this division shall be made to the city clerk and referred to the
chief of police and such other municipal departments or offices as 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.
(b) The existence of any particular ground for denial or revocation does not mean that the city
must deny or revoke the license. If a license is mistakenly issued or renewed to a person, it shall
be revoked upon the discovery that the person was ineligible for the license under this section.
(c) The council shall have the discretion to consider, in granting, denying, or revoking a license,
any reasonable facts or circumstances relating to public health, safety, and welfare, including
but not limited to the following:
(1) The proximity of the proposed activities to churches, schools, playgrounds, parks, or
other community facilities which might be adversely affected.
(2) The proximity of the proposed activities in relation to traffic congestion and parking
which causes a threat to public safety, interference with normal traffic flow, congestion,
or inconvenience to the public.
(3) Past fraud, misrepresentation, or misstatement in the course of carrying on business.
(4) Any conviction of a crime that adversely affects a person's. ability to honestly, safely, or
lawfully conduct regulated activities, unless the individual can show sufficient evidence
of rehabilitation as defined in M.S. 364.03, Subd. 3. Crimes that are considered directly
related to the business of peddling, soliciting, and transient merchants include but are
not limited to crimes involving assault, criminal sexual misconduct, burglary, robbery,
fraud, theft, harassment, or moral turpitude.
(5) Revocation of a past permit issued or past violations of any provisions of this Article.
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(6) Failure to provide any information required on the application, or providing false or
misleading information.
(7) Denial or revocation of a license for peddling, soliciting, or transient sales by a city or
other governmental entity within three years before the application date.
(d) Where a 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 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.
(e) Failure of any person to comply with any of the ordinances of the city or the laws of the state
shall be grounds for denying or revoking a license. If a license is proposed to be denied or
revoked by the City Council, the city must notify the applicant with the reason(s). The
applicant shall be allowed an opportunity for a hearing pursuant to Chapter 38, Article II of
this Code.
Sec. 38-414. Restrictions
(a) Transient Merchants
(1) Off-street parking required. No license for a transient merchant shall be issued for sales
from any location which does not have sufficient parking for customers or for areas
where customer parking would interfere with normal traffic flow. The planning
manager must determine that there is adequate off-street parking to serve both the
principal use of the property and the transient merchant use of the property.
(2) Location near intersection. 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.
(3) Duration of sales. No transient merchant license shall be issued for more than 365
days, during which sales shall be limited to 30 days, unless a longer period of time is
approved by City Council. 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.
(4) Operation on public property. It shall be unlawfizl for any transient merchant to sell or
offer for sale any goods, wares, or merchandise on any public lands or public right-of-
way within the city.
(5) Operation on 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 30,
Article VI, and without first obtaining the written consent of the property owner or
occupant.
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(6) The merchandise displayed shall not occupy more than 100 square feet unless approved
by Council.
(7) Overnight storage. No overnight storage of transient merchant equipment or
merchandise shall be permitted unless approved by Council.
(8) Signs. No signage shall violate the provisions of this Code relating to size and number
of business signs.
(b) Peddlers and Solicitors
(1) Except for those people specified in Section 38-383, no peddler or solicitor shall
engage in peddling or soliciting without wearing and clearly displaying a city issued
license. A peddler or solicitor must also carry a driver's license or state identification
card.
(2) Hours for unsolicited calls are limited to Monday through Saturday, noon to 6:00 p.m.
(3) Only one peddler or solicitor shall approach each residence and no peddler or solicitor
from the same company can approach the same residence again unless invited back by
the resident.
(4) The license is not transferable to another person.
(c) For Transient Merchants, Peddlers, Solicitors, and Non-profits
(1) Must not conduct business in a manner that creates a health or safety hazard.
(2) Must conduct business in a reasonably courteous manner at all times, must not engage
in offensive, obscene, or abusive language, must not push open a door not opened by
an occupant, must not place any portion of a person's body through an opened
doorway without the invitation of an occupant, and must not physically attempt to stop
an occupant from closing a door.
(3) Must immediately leave private property when requested to do so by an occupant and
must leave immediately upon completion of a transaction or an unsuccessful attempt to
contact the occupant.
(4) When entering onto a residential property go directly to the most visible door of the
house, unless there is an adult present outside of the house or in an open garage.
(5) A person conducting business shall not make untrue statements to the people
contacted regarding the purpose of the contact, orders placed by the neighbors, or the
goods or services offered.
(6) Must not make statements to the people contacted indicating or implying city
endorsement of their activities or products by the city.
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(7) No shouting, blowing a horn, ringing 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.
Sec. 38-415. Fee; term.
The annual license fee for engaging in a transient business, peddling, or soliciting shall be established
by ordinance by the city council and shall be paid 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.
Sec. 38-416. Penalties, Enforcement
Violation of any provision of this chapter shall be a misdemeanor and subject to all penalties provided
for under state law.
Passed and adopted by the City Council of the City of Elk River this day of , 2008.
Stephanie Klinzing, Mayor
ATTEST:
Tina Allard, Ciry Clerk
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