ORD 08-005ORDINANCE 08,05
AN ORDINANCE OF THE CITY OF ELK RIVER REPEALING ALL OF CHAPTER
38, ARTICLE Vill, "`PEDDLERS AND SOLICITORS." AND ADOPTING NEW
CHAPTER 38, ARTICLE VIII, "PEDDLERS, SOLICITORS, AND TRANSIENT
NT
MERCHANTS," F THE CITY CODE OF ORDINANCES
THE CITY COUNCIL OF THE CITY OF ELK RIVER DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. CHAPTER , ARTICLE Vill F THE ELK RIMER MUNICIPAL CODE IS HEREBY
REPEALED.
SECTION 2. NEW CHAPTER 38, 1 T CLE V ll of THE ELK RIVER MUNICIPAL CODE IS
HEREBY ADOPTED, ECG, FLT..
CHAPTER 38, ARTICLE L Hill, PEDDLERS, SOLICITORS, AND TRANSIENT
MERCHANTS
DIVISION I. GENERALLY
Sec. -381. Defimkions.
The fokwing wor ds, terms and ph aces, when used i this article, shall have the meanings ascribed to
them M tl s section, except where the context clearly indicates a different meaning:
Non -profit
An organizado . 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 xed place of us' s dealing l the clt r who travels around from place to place,
or street to streets carqi. g or transporting goods, or solid g for al manner of wares, se. Aces and
merchandise, offeiing such pares, senr ce or merchandise for sale or making sales and dellveri g
ardcles to purchasers.
Solicitor
Any person who goes from dace to dace and/or Douse to house solclt g or taldng or attempting to
take orders for the purchase of any food, wares or merchandise, a dlse, including magazines, hooks,
periodicals or personal property of any nature whatsoever for delivery in the fu= e, or orders for the
performance of a service or about the home or place of busi ess, such as furnace cleaning, roof
repair or blackt og.
Transient Merchant
Any person, whether as principal, employee or agent, who engages i, does, or transacts any temporary
or transient husl ess in the city, either in one locaht y or traveling from dace to dace M tae city, seffing
goods, WUes, and merchandise, and who, for the purposes of carr m' g on such business, hires, leases,
occupies or uses a, building, structure, vehicle, properly, or other dace for the exhibition and sale of
such goods, pares, and merchandise.
. r1 l ni trtti }� .�cc n c :; '1'rarx i gat & Solicitor\ rdinancu Amndment 19M Ordinance repeal solic.do
2
Occupant
A person Owning, hving, staying, or working at a residence, including a guest.
See, 8 -382. Purpose of ardcle.
The pose of des ardcle is to protect citizens by u'nposmg reasonable regulations on peddlers,
solicitors, and transient merchants so as to prevent individuals who may be engaged in unlawU
actwities from posing as legitimate peddlers, solicitors, and transient merchants.
ts.
Sec. 8.383. Exemptions.
AR persons eyed in the business acdvides described in this section shall comply XvIdi the provisions
of Section 38 -41 (c). The folloxving business acdvities shall be exempt from dhe re q r me is of this
article. The City Clergy shad determine if a business activity falls N ldiin these exemptions, subject to
appeal to the city council.
a DOM'g business by appointment. A bona fide appointment is one drat is not merely obtained by
going door -to -door l conjunction with die taking of orders, offering for sale or selbn .
(b) Solicitation of orders for future door-to-door dehveiT of ew a ers.
(c) Nonprofit groups that register Nvith the city clerk. No fee is required to so register. This
exemption does not include individuals who are paid to engage In peddling, soficiting, or
transient merchant business.
(d) Selling goods to retail or wholesale stores or to pro fessional or M'dus trial estate shine is for
retail re -sale only.
(e) peddling the products of the farm or garden grown and cultivated by such person,
but such activities must comply with applicable health regulations.
AR vendors involved the oRo co�urut = events: Fourth of July celebration,
Cow nit y Festival, Sherburne County; Fair, Business Expo, and any od -ier commu ty event
the city council deems exempt.
(g) Garage sales, rummage sales, and craft sales.
(h) stahllshin a regular customer delivery roue for the deliNrery of erishahle food and dalty
products such as baked goods, miU�, and groceries.
Selig goods or adriaissions to events by K-1 2 students where the proceeds of such saes
benefit a program or activity M which the student is involved.
Sec. 8 -384. Duties of police.
It shall be die duty of any police officer of the city to require any person seen soficiting, peddling, or
engaging &e acdvid.es, 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 dhe provisions of this article or any other Law.
: \Ad xini trati€ n\l,.icen.scs 'I'rin�icnt & Solicitor\0rdinancc Amendment 2007 rdinance RvpL-al solic.clvc
3
See. -385. Exclusion by placard
(a) Any resident of the city who wishes to exclude peddlers or solicitors from
by
premises occ 'ed
the resident may place upon or near the usual entrance to such tea ses a prmted placard or
sign ea-ting the following notice: "Peddlers and Solicitors Prohibited." Such placard shaU be at
least 3 2 inches long and 2 inches Nvide and the pn'nting thereon shall
� �--- got e suer
point type. No peddler or solicitor, including g those exempt from license requirements
� eets
as provided in Section 3 -383 of this Code, shall enter in or upon any remises or
attempt to
enter in or upon any preniises, where such a placard or sign is placed and amtained.
(b) Vi lado , of this section shaU result in the revocation of a duly issued
cease.
Sees. 38-386--38-410. Reserved.
DIVISION 2. LICENSE
Sec. 3 -4 1. Required.
It shall he unlawful for any person to engage M the active o peddling, solicl�
� , or transient seEing
without first having obtained a license M compliance with the provisioris of i s division, �s�o separate
license shall be secured for each individual person engaged as a peddler, sohcitor, or transient
merchant,
Sec. 3 -412. Application.
The application for the hcense provided for , this division shall he made to
the city cleric by Eding the
anal license fee and by coletng an application form as pro vided the clerk.
such orraf � � addition to
o a the city clerk may recce, �e application ha.l,l include;
(a) The narae of the applicant and all persons associated business in the '
�.tr.
(b) The permanent home address and ftill local address of the apphcant, and
e permanent and
local telephone numbers of the applicant.
(c) A hr'e 'written description of the natuxe of the business the goods to be sold, and the
applicant method of operation.
(d) from the person for which the applicant proposes to do ' '
sees, ato�rng the
applicant to act as such representative.
(e) Dates the applicant intends to do business the city.
The location where the goads or proper proposed to he sold r orders ems taken for the safe
thereof, is manufactured or produced, where such goods or products are located at the time the
applicadon is wed, and tie proposed method of ve
r'•
Permission for the city to take a photo of applicant order to create cote a city issued hcense.
(h) A statement as to whedier or not the apphcant and tie erson
� nogg the buses has been
convicted of any c6me, misdemeanor or violado . of an ci , state or federal law .
MY t � vo�vg
: f sstra6Orl\l.scensc Transient & Solicitor \Ordinance Amendment ? f 7 \Ordinance Repeal ok -dos
4
activities licensed under this article, the name of the offense and the purdshme t or penalty
assessed therefor.
If a vehicle is to be used, a descnpdon of the vehicle, together with the license number or other
means of identification.
.. copy of all documents to be used by the applicant, such as pamphlets and brochures.
For transient merchants, the addresses of all paces where the busmess is to be located, aloes
w1th written consent of the owners or occupants.
The last three cities or other localities where the applicant conducted the proposed activity
immediately preceding the date of the application.
Sec. -413. Investigation; granting, denial, or revocation.
(a) AE license applications under this division shall be made to the city clerk and referred to the
chief of police and such other unicipa . departments or offices as the city clerk deems
necessary for verification and investigation of the facts set forth in the app €cation. The chief of
police and other department heads or officers consulted shall submit their reports and
recommendat io .s to the city clerk.
The e ste ce of any particular ground for de al or revocation does not mean that the c
must do t
or revoke the license. If a license i �st:akenl y issued or renewed to person, it shall
be revolved upon the discovery that the person was ineligible for the license under this section.
(c) The count shall have the discredon to consider, in grantmg, denying, or revoldng a license,
any reasonable facts or circumstances telating relating to public headth, safety, and welfare, includes
but not meted to the foloWM':
The prox,ity of the proposed activities to churches, schools, playgrounds, parks, or
other community facilities which nu'ght be adversely affected.
(2) The pro-xj*=ty of the proposed acdv1ties relation to traffic congestion and parldng
which causes a heat to public safety, interference with normal traffic flog, congestion,
or inconvenience to the public.
(3) Past gaud, misrepresentation, or misstatement M the course of carrying on business.
(4) Any conviction of a cue that adversely affects a person's ability to , or h nesd , safely, y
la trfu.y 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 directl
y
related to the business of peddling, sohcitmg, and transient merchants include but are
not cd to comes involving assault, cr�na sexual misconduct burglary, robbery,
fraud, theft:, harassment, or moral turpitude.
(5) Revocation of a past pert issued or past violations of any provisions of this Article.
S.\Administra6on Licenses \Trms Ient & SoHcltor\ Ordinance Amendment nt ?007 \Ordinance Repeal Sohc.doc
5
(6) lure to provide any information required on the applicadon, or ptoviding false or
misleading M* for aatlon.
(7) Denim or revocation of a license for peddling, socit�n or
g, transient sales by a city or
other govemmental entity within free years before the application
date.
(d) Where a reasonable basis is found the co.n� to
c - pose reasonaie retrctors on the
license., taking into consideration one or more of the facts or e turn tanc
. es, the council may
upon issuance of a license impose such reasonable conditions and restdction
s on the manner
and circumstances under which the licensed activity hall be co duc
ty ted to preserve tie public
peace and protect and promote good order and security.
e a,ure of any person to comply with any of the ordinances
ce of �e city or the laws of the state
shah be grounds for denying or rev o 6ng a license. If a license is r
p oposed to be deemed or
revoked by the City Council, the city must notify the lic nt wi the e reaons. The
applicant shad. be aHowed an opportunity for a ea . Pursuant to is o de.
� Chapter , Article Il of
Sec. -414, Restrictions
a Transient Merchants
(1) Off-street parking required. No license for a transient merchant shall be issued for saes
from any location l-,Lich does not have sufficient ar�n for cyst
p omers or for areas
where custorner parking vould interfere with no= a traffic flow.
. e pang
manager must determine that here is adequate off-street arm to serve o
r�.nci al use of �e r - p � �e
property and the transient merchant use of the property.
(2) Location near .intersection. No transient merchant license
shaH be issued, and no sales
s .aU take place, if the proposed location for transient merchant sale �.
s �s �v��. 0 feet
of any intersection.
(3) u.rt€on of sales. No transient merchant license shall be
issued for more than 365
days, ding which sales shall be meted to 30 days, unless i
.n a on er period of time is
approved by City Council. At the time of the a licadon for �e transient
license �e applicant . ,pp merchant
pp ant shall state the tomes � �� the license exiod to e used
applicant.
p e
(4) Operation on public property, It shall be unlawful for an `
transient merchant to set or
offer for sale any goods, wares, or merchandise .andise on any public lands or public right-of-
way within the city.
(5) Operation on pv ate property. No transient merchant sh
all. set or offer for sale any
goods, wares, r merchandise within the city from, a station ary location on private
property at any location where such sales would not be ernu'tted Chapter
Art��e VI, and without � p ' p ,
first obtaining the - written consent of the roe owner or
occupant. p p
S:\Adtnirlistra6orl\Lcen.ses\Transtent & oiir-stor r inznc Amendment 2037 \Ordinance Repeal Sokdoc
(d) The merchandise displayed shall not occupy more than 200 square feet unless approved
by Council.
(7) Overnight storage. No overnight storage of transient inerchant equlPMent or
merchandise shO be petted unless approved by Council.
(8) 'gns. No signa e shall violate the provisions of this Cade relating to size and number
of business signs.
(b) Peddlers and Solicitors
(1) Except for those people specified , Section 3 8-3 83, no peddler or solicitor shall
engage in peddling or soliciting without +near a .d dealt dls a a 6 issued
license. peddles or o cItof must also carry a d verps license o state identification
card.
Houus for unsoklted calls are meted to Monday t:hrou h aturda x noon to 00 p.m.
(3) Only one peddler or solicitor shall approach each residence and no peddler or solicitor
from the sarne company can approach the same residence- again unless M* Vited back by
the resident.
(4) The license 15 FIOX transferable t0 3rigC.hei person.
(C) For Transient Merchants, Peddlers, Solicitors, and Non-profits
(1) iblusi not conduct business in a manner that creates a health or safety hazard.
(2) 1\lust conduct business a reasonabr courteous manner at all times must not engage
in offensive., obscene, or abusive language, must not push open a door not opened by
an must not place any po or of a persons body through an opened
doorway without the M'Vitadon of an occupant, and must not physically attempt to sto p
an occupant from closing a door.
(3) Must inunediately 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 enten'ng onto a residential property go direcdy directly to the most visible door of the
house, Mess the-re is an adult present outside of the house or m an open garage,
(5) A person conducting business shad riot make untrue statements to the eo le
p p
contacted receding the purpose of the contact, orders placed by the nelghbors, or the
goods or services offered.
(6) Must not make statements to the people contacted indicadng or implying city
endorsement of their activities or products by the city.
S - \,t�d li� t5=60n n e \'=dent & Sohr-iEor\Ordinance Amendment 2007\Ordin=cc Repeal Sok.doc
(7) No shoudn ��, H g
in or use any sound devices upon any o the
streets, alleys, parks, or other public paces of the c o o rya in
the city.
� p�rer�es
See, 38-415. Fee; term,
The annual license fee for ea�rase mess peddling, `
by ordinance � , �� soliciting a e established
the city council and s aa. e paid a the time of application for a
u�ess revoked,, i for e calendar e ease. cease,
ar o part thereof for chic it has been issued. License Fees may
not be prorated. Upon denial of any application for a license the city s
half reed the annual fee paid.
See. -416. Penaldes.7 Enforcement
Violation of any provision' of d-iis chapter shall be a rats er ea .or and subject to aU penalties provided
for under state later.
Vase and adopted �e i � � � # ,...'
Council o the City �� der day off` 2008.
.= $ -
r
f,.
Tina ward, City Clerk
�_...
,r
Ste ' Klinzmg, r
:\Adr r,istr bon \Liccnse Trartsienc & SoEcItOr\Ordinance Amendment 2007\0rdinance Repeal Sobc.doc
7
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA SS
ARESOLUTIONOFTHE COUNTY OFSHERBURNE )
CITY OF ELK RIVER
A RESOLUTION APPROV-
ING NOTICE OF
SUMMARY PUBLICATION
OF ORDINANCE NOS-OS
AN 1QTM Eric Olson, being duly sworn on oath says that he is the General Manager of the
Newspaper known as the Star News, and has full knowledge of the facts which are stated
._ below:
(A) The Newspaper has complied with all of the requirements constituting
qualifications as a qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07
AND TRANSIENT MEP, and other applicable laws, as ammended.
CHANTS," OF THE CITY
COD$ OF ORDINANCES (B) The printed Resolution 08 -44, Ordinance 08 -05 Appeal, which is attached was cut
WHEREAS, Ri on June o 2008 from the columns of said newspaper and was rented and published once a week for one
the Elk River City Council P P
adopted Ordinance 08 -05 an week; it was first published on Wednesday, the 25th day of June, 2008, and was therefore
Ordinance repealing Chapter printed and published on every Wednesday to and including Wednesday, the 25th day of
38, Article VIII, titled Ped-
dlers and Solicitors," and June, 2008, and printed below is a copy of the lower case alphabet from A to Z, both
adopting a new Chapter 38, inclusive, which is hereby acknowledged as being the size and kind of type used in the
Article VIII titled, "Peddlers, Solicitors, and Transient Mer-
composition and publication of the notice
chants," of the City Code of
Ordinances; and abed efghijklmnopgrstuvwxyz
WHEREAS, the adoption to
the ordinance sets forth rules
and regulations for peddlers,
solicitors, and transient mer-
,—chants, including the purpose
f the ordinance, exemptions to
.;he ordinance, grounds for
granting or denying a license,
and licensing, investigation,
and restriction requirements;
and General Manager
WHEREAS, a copy of the full
teat of this ordinance is avail-
able by standard or electronic t�,
mail or for inspection at the Subscribed and sworn to before me on o ,, CIN5 M. SCHIMINSK)
office of the Elk River Cit
Clerk, 13065 Orono Parkway this 25th day of June, 2008 NOTARY PUBLIC
during regular business hours, ,$ r MINNESOTA
8:00 a.m. to 4:30 p.m., Monday
gnc.3,,.• My Commission Expires Jan. 31, 2010
through Friday; and
NOW, THEREFORE, BE IT
RESOLVED, that the City
Council, by at least a publica-
tion
vote, authorizes the ublica-
tion of the title and summary of
Ordinance 08 -05 and that
Ordinance 08 -05 shall become Notary Public
effective upon publication of
this resolution.
Passed and adopted this 16th
day of sane 2008. RATE INFORMATION
Stephanie HIinzing,
Mayor
ATTEST:, (1) Lowest classified rate paid by
Tina Allard, $ 28.80
City Clerk commercial users for comparable space
(JUNE 25) (tine, word or inch rate)
(2) Maximum rate allowed by law for the $ 14.85
above matter
(line, word or inch rate)
(3) Rate actually charged for the above $ 14.85
matter
(line, word or inch rate)
1,273,899