sECTION 610.01  PURPOSE: The City has the authority to regulate nuisances created by certain business practices under the police power.  It is the purpose and intent of this Section to establish regulations relating to Peddlers and Solicitors as specifically authorized by Minnesota Statutes Sections 329.15 and 412.221 Subd. 19.

 

SECTION 610.03  DEFINITIONS:  The following definitions shall apply in the interpretation and enforcement of this Ordinance:

Subd. 1.  Peddler:  A Peddler means a person who goes from house-to-house, door-to-door, business-to-business, street-to-street, or any other type of place-to-place, for the purpose of offering for sale, displaying or exposing for sale, selling or attempting to sell, and delivering immediately upon sale, the goods, wares, products, merchandise, or other personal property, that the person is carrying or otherwise transporting.  The term “Peddler” also includes the term “hawker.”

Subd. 2.  Person:  A person means an individual, group, organization, corporation, partnership or association.  As applied to groups, organizations, corporations, partnerships and associations, the term shall include each member, officer, partner, associate, agent or employee.

Subd. 3.  Police Chief:  Police Chief means the West St. Paul Police Chief.

Subd. 4.  Solicitor:  A Solicitor means a person who goes from house-to-house, door-to-door, business-to-business, street-to-street, or any other type of place-to-place, for the purpose of obtaining or attempting to obtain orders for goods, wares, products, merchandise, other personal property, or services, of which a person may be carrying or transporting samples, or that may be described in a catalog or by other means, and for which delivery or performance shall occur at a later time.  The absence of samples or catalogs does not remove a person from the scope of this provision if the actual purpose of the person’s activity is to obtain or attempt to obtain orders as discussed above.  The term “Solicitor” also includes the term “canvasser.”

 

SECTION 610.05  EXCEPTIONS: For the purpose of this Section, the terms “Peddler” and “Solicitor” shall not apply to the following:

Subd. 1.  Auctions. Any persons conducting an auction with a licensed auctioneer.

Subd. 2.  Court-Ordered Sales.  Any officer of the court conducting a court-ordered sale.

Subd. 3.  Customer Route Sales.  Any person who makes initial contacts with other people for the purpose of establishing or trying to establish a regular customer delivery route for the delivery of perishable food and dairy products such as baked goods, frozen goods and milk, or any person making deliveries of perishable food and dairy products to the customers on an established regular delivery route.

Subd. 4.  Exercise of Constitutional Rights.  Any person going from house-to-house, door-to-door, business-to-business, street-to-street, or other type of place-to-place when that activity is for the purpose of exercising that person’s State or Federal Constitutional rights (i.e., freedom of speech, press, religion, etc.), except that this exemption may be lost if the person’s exercise of Constitutional rights is merely incidental to a commercial activity.  However, professional fundraisers working on behalf of an otherwise exempt person or group must comply with the licensing requirements in Section 609.07.

Subd. 5.  Flea Markets.  Any person participating in an organized multi-person bazaar or flea market, when there are no more than two such sales in each calendar year and the sale lasts no longer than one week.

Subd. 6.  Garage Sales.  Any person conducting the type of sales commonly known as garage sales, rummage sales, or estate sales, when there are no more than two such sales in each calendar year and the sale lasts no longer than one week.

Subd. 7.  Isolated Sales.  Any isolated or singular sale of property.

Subd. 8.  Wholesalers. Any person selling or attempting to sell any goods, wares, products, merchandise or other personal property to a retailer at wholesale.  

 

SECTION 610.07  LICENSE REQUIRED:  No person may conduct business as a Peddler in the City without obtaining a license from the City Council.  A separate license is required for each person engaging in the proposed activity.  

Subd. 1.  Contents of License Application.  The application shall contain the following information:

1. Name, address, date of birth, driver’s license number and contact information of applicant.

2. Name, address and contact information of employer.

3. Description of the product being sold.

4. Length of time desired for the business activity.

5. Employer’s Minnesota tax identification number.

Subd. 2.  Background Investigation.  A background investigation shall be required, for which the appropriate fee must be paid.  Following completion of the background investigation, the Police Chief shall make a recommendation to the City Council as to the applicant’s fitness for approval.

Subd. 3.  Action by City Council.  The application shall be submitted at least 30 business days before the applicant desires to conduct business.  The City Council will either grant or deny the license within 30 days after a completed application has been submitted, based on a recommendation of the Police Chief.

Subd. 4.  Photo Identification Required.  No Peddler may conduct business within the City without obtaining a photo identification card authorized by the City.

Subd. 5.  Fee.  The license fee, photo identification card fee, and background investigation fee are established by City Council Resolution.

Subd. 6.  License Term.  The term of the license shall be the lesser of either the length of time set forth in the application for which the applicant desires to conduct the business activity, or twelve months from the date the license is approved by the  City Council.

 

SECTION 610.09  REGISTRATION REQUIRED:  All Solicitors, farmers selling produce, and non-profit, charitable, religious organizations or public or private schools engaging in activities described in Section 609.03 subdivisions 1 or 4 are required to obtain a Certificate of Registration from the City Clerk.  A registration application may be submitted on behalf of a group or organization, however, each person who will be engaging in the proposed activity shall be listed on the application.

Subd. 1.  Contents of Registration Application.  The application shall contain the following information:

1. Name, address, date of birth, driver’s license number and contact information of applicant.

2. Name, address and contact information of employer, if related to the business activity.

3. Description of the product being sold.

4. Length of time desired for the business activity.

5. Employer’s Minnesota tax identification number.

6. Name and address of each person who will be engaging in the proposed activity.

Subd. 2.  Farmer’s Produce.  Any person selling or attempting to sell, or to take or attempting to take orders for any products of the farm or garden occupied and cultivated by the applicant shall provide the following additional information:

1. The location or locations within the City where the proposed selling or peddling will be conducted.

2. The address or specific location of the farm or garden upon which the produce was cultivated or obtained.

3. A written acknowledgment that the produce of the farm or garden was from lands of and cultivated by the applicant.

4. Written permission of the property owner for any property to be used for the proposed selling or peddling.

Subd. 3.  Background Investigation.  A background investigation of the applicant may be conducted at the discretion of the Council, but no fee shall be required of the applicant.

Subd. 4.  Action by City Clerk.  The application shall be submitted at least 30 business days before the applicant desires to conduct business.  Upon receipt of a completed application, the City Clerk shall grant or deny the issuance of a Certificate of Registration, based on a recommendation of the Police Chief.

Subd. 5.  Registration Fee.   No registration fee is required.

Subd. 6.  Registration Term.  The term of the registration shall be the lesser of either the length of time set forth in the application for which the applicant desires to conduct the business activity, or twelve months from the date the registration is approved by the City Clerk.

 

SECTION 610.11  CONDITIONS OF LICENSES AND CERTIFICATES OF REGISTRATIONS:

Subd. 1.  Display.  Every licensee shall display the photo identification card on his or her person in a conspicuous place showing the license number and photo identification card.  

Subd. 2.  Production of Photo ID, License and Certificate of Registration. Every licensee shall produce and show the photo identification card and license number and every Registrant shall produce and show the Certificate of Registration upon the request of a resident, police officer or City-identified staff person.

Subd. 3.  Non-Transferable.  No license or Certificate of Registration is transferable from one person to another.  Each person shall obtain a separate license and each group or organization shall obtain a separate Certificate of Registration.

Subd. 4.  Conduct of Business.  No Peddler or Solicitor shall conduct business in any of the following manners:

a. Calling attention to his or her business or items to be sold by means of blowing a horn or whistle, ringing a bell, crying out, or by any other noise so as to be unreasonably audible within an enclosed structure.

b. Obstructing the free flow of either vehicular or pedestrian traffic on any street, alley, sidewalk or other public right-of-way.

c. Conducting business in such a way so as to create a threat to the health, safety and welfare of any individual or the public.

d. Conducting business before 8:00 a.m. or after 9:00 p.m.

e. Failing to provide proof of license, registration, or identification, when requested. 

f. Using the license or registration of another person.

g. Making any false or misleading statements about the product or service being sold, including untrue statements of endorsement.  No Peddler or Solicitor shall claim to have the endorsement of the City solely based on the City having issued a license or Certificate of Registration.

h. Remaining on the property of another when requested to leave, or to otherwise conduct business in a manner a reasonable person would find obscene, threatening, intimidating, or abusive.

Subd. 5.  Exclusion By Placard. Unless invited to do so by the property owner or tenant, no Peddler or Solicitor shall enter the property of another for the purpose of conducting business as a Peddler or Solicitor when the property is marked with a sign or placard at least 3¾ inches long and three and 3¾ inches wide with print of at least 48 point in size stating “No Peddlers or Solicitors,” or “Peddlers or Solicitors Prohibited,” or other comparable statement.  No person other than the property owner or tenant shall remove, deface or otherwise tamper with any sign or placard under this Section.

 

SECTION 610.13  REVOCATION, SUSPENSION OR DENIAL OF LICENSE OR CERTIFICATE OF REGISTRATION:  

Subd. 1.  Grounds for Denial, Suspension or Revocation.  A license or Certificate of Registration may be revoked, suspended or denied for one or more of the following reasons:

1. The proposed use does not comply with the Zoning Code.

2. The applicant has failed to pay any of the appropriate fees.

3. The applicant has made fraudulent statements, misrepresentations, or false statements on the application or as part of the background investigation.

4. Conviction of any crime directly related to the business or activity being applied and failure to show sufficient rehabilitation and present fitness to perform the duties of the business.

5. Conducting the business activity in such a manner as to constitute a breach of the peace, menace to the health, safety and welfare of the public, or a disturbance of the peace or comfort of the residents of the City, upon a recommendation of the Police Chief or an appropriate City Official.

6. Actions unauthorized or beyond the scope of the license or Certificate of Registration.

7. The applicant’s license or Certificate of Registration has been denied, revoked or suspended by the City or another governmental unit in the past.

8. Violation of any regulation or provision of the City Code or Zoning Code applicable to the activity for which the license or Certificate of Registration has been granted, or any regulation or state law that may be applicable.

9. Other good cause.

Subd. 2.  Action on License.  Before the suspension or revocation of any license, the City must provide written notice informing the licensee of the right to  a hearing.  

1. Notice.  The notice must be served at least 20 days prior to the time and place of the hearing and state the grounds for suspension or revocation.  The notice must be served upon the licensee personally or by certified mail to the address listed on the license application.  

2. Hearing.  A hearing will be conducted before the City Council.  At the hearing, the licensee has the right to be represented by counsel, the right to respond to the charges, the right to present evidence through witnesses under oath and the right to confront and cross-examine witnesses under oath.

3. Final Decision of the City Council.  Following the hearing, the City Council may choose to suspend, revoke or take no action on the license.  The decision of the City Council following a hearing is final.

Subd. 3.  Action on Certificate of Registration.  A Certificate of Registration may be revoked, suspended or denied by the City Clerk following a recommendation of the Police Chief, based on a reason stated in Section 609.13 subd. 1.

 

SECTION 610.15  PENALTIES:  Any person who violates a provision of this Section is guilty of a misdemeanor.  Each day on which a violation occurs or continues is a separate violation.

 

(Entirety of Chapter 610 originally adopted by Ordinance No. 2006-02; 11/7/06)