1994-737
.
.
. ,
CITY OF HOPKINS
COUNTY OF HENNEPIN
ORDINANCE NO. 94-737
ORDINANCE AMENDING SECTION 1145 OF THE
HOPKINS CITY CODE RELATING TO
SOLICITORS, PEDDLERS, AND TRANSIENT MERCHANTS
The City Council of the City of Hopkins does hereby ordain:
SECTION 1. That the Hopkins city Code is amended by deleting
Sectlon 1145, Solicitors, Peddlers and transient merchants, in its
entirety and adding a new Section 1145 to read as follows:
Section 1145 - Peddlers, Solicitors, and transient merchants
1145.01 Purpose. ThlS Section is not intended to interfere with
the legitimate business acti vi ties of peddlers as the same are
defined herein, whether local or lnterstate. These provisions are
intended only to, as nearly as posslble, ferret out all
illegitimate or confidence operators and to regulate and control
all those who would use their unique presence on property within
the City, or their unique proxlmlty to ltS residents, for purposes
of harassment, nuisance, theft, or other unlawful activities.
1145.03 Definitions. Subdivlslon 1. When used ln this Section,
the following terms have the following meanings:
Subd. 2. "Peddler" means any person, whether a resident of
the City of Hopkins or not, who goes from house to house, from
business to business, from place to place, or from street to
street, conveying or transporting goods, wares or merchandiae or
offering or exposing the same for sale, or maklng sales where
payment is received immediately for future delivery to purchasers.
It does not include vendors of milk, bakery products or groceries
who distribute their products to regular customers on established
routes.
Subd 3.
"Peddling" means the act of being a p~ddler.
.
Subd 4. "Solicitor" means any person, whether a resident of
the City of Hopkins or not, who goes from house to house, from
place to place, or from street to street with the intention of
taking immediate orders for serVlces or goods for future dellvery
and payment. All solicitors dealing with merchandise of any kind
to be delivered to customers directly from points outside the
State of Minnesota shall be exempt from payment of the license
fee.
Subd 5. "Transient merchant" includes any person, firm or
corporation, whether as owner, agent, consignee, or employee,
whether a resident of the City of Hopkins or not, who engages in a
temporary business of selling and delivery goods, wares and
merchandise within the City, and who, in furtherance of such
purpose, hires, leases, uses or occupies any vacant lot, parking
lot, motor vehicle, trailer, tent, boxcar, or any street, alley or
other place wlthin the City, for the exhibition and sale of such
goods, wares and merchandise, either privately or at public
auction, provided however that such definl tion does not include
any person, firm or corporation who, while occupying such
temporary location, does not sell from stock, but exhibits samples
for the purpose of securing orders for future delivery only, nor
shall such definition apply to any person, firm or corporatlon who
sells such goods, wares, or merchandise from within the confines
of a lawfully established and operatlng permanent retail sales
operation.
1145.05. Permit Required. It is unlawful for any peddler,
SOllCl tor or transient merchant to engage in any such business
within the City of Hopkins without first obtaining a permlt
therefor in compliance with the provisions of this ordinance.
1145.07. Exemptions. The terms of this Section do not include:
a) the acts of merchants or their employees in delivering
goods in the regular course of business;
b) to the sale of farm or garden products by the person
producing the same or where the products are sold at a
"Farmer's market";
c) children, age eighteen or younger, soliciting for school
sponsored activities;
d) children, age eighteen or younger, solicl ting for such
organizations as the "Boy Scouts" or "Girl Scouts" where
the children SOllCl ting are members of the organization
and where the proceeds of the sale are mainly devoted to
the benefit of children;
e) organlzatlons selling Chrlstmas trees at sltes approved by
the City, although such organizations shall comply wlth
Section 1145.15, Subd. 2;
f) "garage" or "estate" sales;
.
g) solicitations by any organization for philanthropic,
religious or educational causes if the following procedure
has been accomplished: the requesting entity must file an
application in writing, on a form to be furnished by the
City Clerk, which shall give the following information:
1. Name and purpose of the cause for which exemption is
sought.
2. Name of the individual in the organization responsible for
the peddling or solicitations.
3. Names and addresses of the individuals who will actually
be doing the peddling or solicitation.
4. Period during which the peddling or solicitation is to be
carried on.
5. Certificate of nonprofit status from the state where
organlzed.
Upon receipt of the completed application, the City Clerk shall
issue a permlt without charge to such organization, association or
corporation to solicit ln the City. Such organization, shall
furnish all of its members, agents, or representatives conducting
the peddling or solicitation credentials, in wrltlng, statlng the
name of the organization, name of agent and purpose of the
peddling or solicitation.
The City may also exempt certain transient merchants who may sell
goods, wares, or merchandlse as part of a City sponsored or
licensed festival or activity.
1145.09. Appllcation. Applicants of a permlt under thlS Section
shall flle with the City Clerk a sworn application in writing on a
form to be furnished by the City Clerk. The appllcation shall
give the following lnformatlon:
.
a) Name (including last, first and middle), date of birth,
driver's license number identification, and written
authorization for necessary background checks by the
Police Department of the person registering and each
individual that will be carrYlng the activity of a
peddler, sollcltor, or tranSlent merchant. While only one
representative for a group need apply on behalf of the
organization, each individual that will be participating
in the peddling or soliciting activity shall be required
to submit the above information to the Police Department.
b) Complete permanent home and local address of the applicant
and, in the case of transient merchants, the local address
from which proposed sales will be made.
c) A brief description of the nature of the business and the
goods to be sold.
d) The length of time for WhlCh the right to do business is
deslred.
.
e) A statement as to whether the applicant has been convicted
of any crime, misdemeanor, or violation of any municipal
ordinance, other than traffic violations, the nature of
the offense and the punishment or penalty assessed
therefor.
f) The last municipalltles, not to exceed three, where
applicant carried on business immediately preceding the
date of application, and the addresses from which such
business was conducted in those municlpalltles.
1145.11. Fee. At the time of filing the application, the person
registering shall pay a fee to cover the administrative costs of
processing and investigation. The fee shall be for each
indi vidual who is registered. The fee shall be set by City
Council Resolution.
1145.13. Investigation and Issuance. Subdivision 1. Upon
recelpt of each application, it shall be referred to the Chief of
Police, or his designee, who shall immediately institute an
lnvestigation of the applicant lncludlng, but not limited, to a
criminal history and wanted persons check with the Bureau of
Criminal Apprehenslon, for the protection of the public good and
shall endorse the application in the manner prescribed in this
Section within seventy-two (72) hours, not including holidays or
weekends, beginning the day after it has been received by the
police department.
Subd 2. Any appllcant may be found to be unsatisfactory
for reasons including, but not solely limited to:
a) Fraud, misrepresentatlon or incorrect statement contained
in the application for permit.
b) Past fraud, misrepresentation or incorrect statement made
in the course of carrying on a business as a SOllCl tor,
canvasser, peddler, transient merchant, itinerant
merchant, or ltlnerant vendor.
c) Past conviction of any crime or misdemeanor involving
fraud, theft or moral turpitude, or any crime of violence
as defined in M.S. 624.713.
d) Conducting the business of a peddler, solicitor, transient
merchant, ltlnerant merchant, or ltlnerant vendor, as the
case may have been, in an unlawful manner or in such a
manner as to constitute a breach of peace or to constitute
a menace to health, safety or general welfare of the
public.
.
Subd 3. If, as a result of such investigation, the
applicant is found to be unsatisfactory, the Chief of Police shall
endorse on such application his or her disapproval and the reasons
for the same, and return the application to the City Clerk, who
shall notify the applicant that his/her application is disapproved
and that no permit will be issued.
Subd. 4 If as a result of such investigation, the applicant
is found to be satisfactory, the chief of police shall endorse on
the application his or her approval and return the application to
the city clerk, who shall deliver the permit to the appllcant.
Such permit shall contain the signature of the city clerk and
shall show the name, address and photograph of said permittee, the
class of permit issued and the kinds of goods to be sold
thereunder, the date of issuance and the length of time that the
other identifying description of any vehicle used in such licensed
business. Each person lssued a permit must carry it on his or her
person while conducting or engaging in any activities regulated
hereunder. No permit shall be used at any time by any person
other than the one to whom lt lS issued. The City Clerk shall
keep a permanent record of all permits issued.
1145.15. Practices Prohibited. Subdivlsion 1. Signs. Any
resident of the City or business employee who wishes to exclude
peddlers or solicitors from premises occupied by the resident or
business may place upon or near the usual entrance to such
premises a printed placard or sign bearing the notice: "Peddlers
and Solicitors Prohibited". Such placard shall be at least 3 -
3/4 lnches long and 3-3/4 lnches wlde and the printing thereon
shall not be smaller than 48 point type. No peddler or solicitor
shall enter in or upon any premises or attempt to enter in or upon
any premises, where such placard or sign is placed and maintained.
No person other than the person occupying such premises shall
remove, injure or deface such placard or slgn.
Any resident of the City or business employee who wishes to
exclude the deposit of advertlsing handbills, advertising
circulars and other advertising materials from the premises
occupied by the resident or buslness may place upon or near the
usual entrance to such premises a printed placard or sign bearing
the notice: "Depositing of Handbills, Circulars, Advertising
Material Prohibited". Such placard shall be at least 3 - 3/4
inches long and 3-3/4 inches wide and the printing thereon shall
not be smaller than 48 point type. No person shall enter in or
upon any premises or attempt to enter in or upon any premises
where such placard or sign is placed and deposit any advertislng
handbills, advertising circulars or other advertising material.
No person other than the person occupying such premises shall
remove, injure or deface such placard or sign.
.
Subd. 2 Transient Business
a) no part of any translent business may be located upon a
public right-of-way;
b) the business may not generate noise, light, dust, or odors
which reasonably would tend to disturb or annoy occupants
of adjacent residentlal properties;
c) the transient business licensee shall keep the parcel free
of trash, litter, and debris;
d) any tents, canopies, awnlngs or similar ltems and all
water, electrical, and llghting facilities shall be in
compliance with appllcable codes and regulations;
e) the transient merchant shall have in possession written
evidence of consent of the owner or leasee of the parcel
to conduct the transient business thereon.
Subd. 3. Hours. No peddler or solicitor shall enter upon
any residential or business premises for the purpose or carrying
on his or her trade or business between the hours of 7:00 p.m. and
8:00 a.m. April 1 to October 31 or between the hours of 5:00 p.m.
and 8:00 a.m. November 1 to March 31, unless such person has been
expressly invited to do so by the owner or occupant thereof.
Subd. 4. Loud Noises and Speaking Devlces. No perml ttee,
nor any person in his/her behalf, shall shout, cry out, blow a
horn, or use any sound amplifying device upon any of the streets,
alleys, parks or other publlC places of the Clty or upon private
premises where sound of sufflclent volume is emltted or produced
therefrom to be capable of being plainly heard upon the streets,
avenues, alleys, parks, or other public places, for the purpose of
attracting attention to any goods, wares, or merchandise which
such permittee proposes to sell.
1145.17 Registration
for the calendar year.
31 after thelr issue.
throughout the year.
Period. Registration shall be valid only
All registrations shall expire on December
The registratlon fee shall remain the same
1145.19 Registration Nontransferable. A registration may not be
transferred. Each peddler, solicitor, or transient merchant shall
separately register.
1145.21. Revocation of Llcense . Subdivision 1. Permits issued
under the provisions of this Section may be revoked by the Council
of the City after notice of a hearing, for any of the following
causes:
a) Fraud, misrepresentatlon or incorrect statement contained
in the application for permit.
b) Fraud, misrepresentation or lncorrect statement made ln
the course of carrying on his business as solicitor,
canvasser, peddler, transient merchant, itinerant merchant
or itinerant vendor.
c) Any violation of this ordinance.
d) Conviction of any crime or misdemeanor involving fraud,
theft or moral turpitude, or any crime of violence as
defined in M.S. 624.713.
e) Conducting the business of a peddler, solicitor, transient
merchant, itinerant merchant, or ltinerant vendor, as the
case may be, in any unlawful manner or in such a manner as
to constitute a breach of peace or to constitute a menace
to health, safety or general welfare of the public.
Subd. 2. Notice of the hearing for revocation of a permit
shall be given by the City Clerk in writing, setting forth
specifically the grounds of complalnt and the time and place of
hearing. Such notice shall be mailed postage prepaid, to the
permi ttee to his/her last known address at least five (5) days
prior to the date set for hearlng, or shall be delivered by a
police officer in the same manner as a summons at least three (3)
days prior to the date set for hearlng.
1145.23. Appeal. Any person aggrieved by the action of the
Chief of Police or the City Clerk in the denial of a permit as
provided in Section 1145.13 may appeal to the City Council. Such
appeal shall be taken by filing wlth the Councll within fourteen
(14) days after notice of the action complained of, a written
statement settlng forth fully the grounds for the appeal. The
Councll shall set a time and place for hearing on such appeal, and
notice of such hearing shall be given to the appellant in the same
manner as provided in Section 1145.21 of this ordinance for notice
of hearing on revocation. No indlvidual may conduct any business
regulated hereunder while an appeal is pending.
.
SECTION 2. The effective date of this ordinance shall be twenty
days after publication.
First Reading:
March 15, 1994
Second Reading: April 5, 1994
Date of Publication: April 13, 1994
Effective Date of Ordinance: May 4, 1994
ATTEST: