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To: , The City Council
From: Jim Gene!!ie
Date: January 5, 1994
Subject: Peddlers, Solicitors, and Transient Merchants
There have been a number of questions raised over the years regarding the licensing of
solicitors, peddlers, and transisnt merchants in the City of Hopkins. Gurrently Hopkins
City Code, Section 1145 deals with these ficenses.
A peddler or solicitor is a person who, without previous invitation goes to any residentia!
quarters, dweiiing, apartment, or from house to house. (Section 1145 does not apply to
individuals peddting or soliciting to businesses). A transient merchant is an individual who .
transacfs any temporary or transient business selling goods, wares and merchandise, and
who, for the purpose of carrying on such business, hires or leases or occupies a building
or other structure for #he exhibition and sale of such goods, wares and merchandise.
• No pedd(er, solicitor, or transient merchant may offer or sell goods or merchandise within
the city withou# first obtaining a(icense. Licenses are reviewed by the Police Department
and then forwarded to the City Counci( for approval. Peddler, solicitor, or transient
merchant licenses would show up in the miscellaneous licenses and permits section of the
consent agenda. It can take anywhere from five days to three weeks to issue a peddler,
solicitor, or transient merchant license depending upon when if is submitted to the City.
Hopkins current licensing ordinance does not apply to:
1. individuals who would be selling grocery, bakery products or other perishable
commodit�es and who make an uninvited call on the occupant of a residence as a
preliminary step to the establish of a regular route service for the sale and
delivery of such commodities to regular customers;
2. a person who se!!s or attempts to sell, or solicits or attempts to solicit orders for
goods, wares or merchandise, in behalf of a bonafide charitable, religious, civic,
educationa( or politica! organization.
3. a person who sel(s or attempts to sell the product of a farm or garden occupied
and cultivated by that person.
Finally, any resident who wishes to exclude peddlers or solicitors from their premises may
� place upon or near the usual entrance to their premises, a printed sign bearing the
following notice, "peddlers and solicitors prohibited".
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� If the Council wishes there are a variety of changes that could be made:
1. Prohibiting soliciting and peddling. The Cour�cil could pass what is known as a
"Green River" ordinance. This ordinance prohibits all soliciting and peddling.
The advantage with this approach is that it is easy to enforce. The disadvantages
are that it may be unconstitutional as regards to interstate commerce and
religious solicitation. It also would prohibit the girl scouts and similar
organizations from peddling or soliciting.
2. Adopt a modified "Green River" ordinance. This ordinance leaves it up to the
individual homeowner or business owner to control peddling and soliciting. Under
this ordinance anyone may place a sign on their premises prohibiting peddling or
soliciting. All peddlers and solicitors, including sellers of interstate commerce and
solicitors for religious organizations, would have to honor the wishes of the
premise's owner and refrain from peddling or solicitin� at that location. The
advantages of this approach are that it is constitutional, easily enforced, and easy
to administer. The disadvantage is that it allows anyone to peddle or solicit in the
CitY• �
Assuming that the City does no# want to prohibit all peddling and soliciting or simply allow
anyone to peddle and solicit then it is necessary to have an ordinance similar to the one
� that the City currently has.
Attached is a revised peddler and solicitor licensing ordinance. It is an improvement over
the City's current ordinance but there are still some policy questions left for the Council to
answer:
1. Should the peddler and solicitor license apply to businesses? The City's current
ordinance only applies to peddling and soliciting in residential areas. The Iicense
could be expanded to regulate these activities throughout the City. This would
require the City to license everyone who peddles or solicits businesses. An
alternative might be to apply the ordinance to peddling to businesses and not
soliciting. Most individuals who go door to door to businesses are soliciting
orders for future delivery, they do not carry their products with them.
2. Should the City license transient merchants? Transient merchants conduct their
business on private land. Except for the transient, or temporary, nature of their
business, it is similar to any retail business. The City does not license most retail
businesses.
3. Should the City Council approve every peddler and solicitor license? Under the
revised ordinance approval is automatic as long as the forms are filled out, the fee
paid, and the background check is satisfactory. The only time the Council would
get involved would be to hear an appeal if a license was denied. Removing the
� necessity for Council approval would speed up the process. It is also extremely
difficult for the City Council to deny a license to someone who has met all of the
City's criteria without being arbitrary and capricious.
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� The following is a list of peddlers, solicitors and transient merchant licenses that have
been issued by the City of Hopkins in 1992 and 1993: (Nonprofit organizations, which do
the bulk of the soliciting in Hopkins, are not required to be licensed and therefore would
not appear on this list)
Peddlers/Solicitors
1992 LIC #
Susan Kay Wigfield 92302
1993
Paragon Cable 93122
Snack Attack Delivery Service, Ir� -- 9�60
Sun Ripe Citrus 9341
Transient Merchants
1992
Fashion Rugs 92278 +
Handicaps Plus 92220
Midwest Drag Racers Association 92197
Richards Liquor Corporation 92240
S Scevers Sales 92243
1993
Clark Oil Company 93231
Edward D. Jones & Company 93229
Fina Serve 93198
Grocery Hut 93216
Magic Pictures 93222
R. J. Amusements 93232
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PEDDLERS, SOLICITORS. TRANSIENT MERCHANT ORDINANCE
1145.01 PurPose. This Section is not intended to interFere with the legitimate business
activities of peddlers as the same are defined herein, whether local or interstate. These
provisions are intended only to, as nearly as possible, 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 proximity to its residents, for
purposes of harassment, nuisance, theft, or other unlawful activities.
1145.03 Definitions Subdivision 1. When used in 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 place to place, or from street to
street, conveying or transporting goods, wares or merchandise or offering or ex-
posing the same for sale, or making sales where payment is received immediately �
for future delivery to purchasers. It does not include vendors of milk, bakery prod-
ucts or groceries who distribute their products to regular customers on established
routes. This section does not apply to businesses.
� Subd 3. "Peddling" means the act of being a peddler.
Subd 4. "Solicitor" means any person, whether a resident of the City of Hop-
kins 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 services or goods for future
delivery 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. Tnis section does not app�y to businesses.
I
tt is unconstitutional to charge a fee on
interstate oods
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 with�n 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 within the City, for the ex-
hibition and sale of such goods, wares and merchandise, either privately or at
public auction, provided however that such definition 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 de-
livery only, nor shall such de�nition apply to any person, firm or corporation who
sells such goods, wares, or merchandise from within the confines of a IawFully es-
tablished and operating permanent retail sales operation. -
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1145.05. Permit Re uired. It is unlawful for an eddler, solicitor or transient
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� merchant to engage in any such business within the City of Hopkins without first
' obtaining a permit therefor in compliance with the provisions of this ordinance.
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� 1145.07. Exemptions. The terms of this Section do not include:
a) the acts of inerchants or their employees in delivering goods in the regular course
I of business;
b) to the sale of farm or garden products by the person producing the same;
c) children, age eighteen or younger, soliciting for school sponsored ��tivities;
d) "garage" or "estate" sales;
e) solicifations 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 solicitations.
3. Names and addresses of the individuals who will actually be doing the soficitation.
4. Period during which solicitation is to be carried on.
5. Certificate of nonprofit status from the state where organized. ��
Upon receipt of the completed application, the City C1erk shall issue a permit without
charge to such organization, association or corporation to solicit in the City. Such
; organization, shall fumish all of its members, agents, or representatives conducting
; solicitation credentials, in writing, stating the name of the organization, name of agent
i and purpose of solicitation.
1145.09. Application. Applicants of a permit under this Section shall file with the City
Clerk a sworn application in writing on a form to be furnished by the City Clerk. The
application shall give the following information:
a) Name (including last, first and middle), date of birth, driver's license number iden-
tification, and written authorization for necessary background checks by the Po-
lice Department of the person registering and each individual that will be carrying
the activity of a peddler, solicitor, or transient merchant. While only one repre-
sentative 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 which the right to do business is desired. �' �
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� e) A statement as to whether the applicant has been convicted of any crime, misde-
meanor, or violation of any municipal ordinance, other than traffic violations, the
nature of the offense and the punishment or penalty assessed therefor.
fl The last municipalities, 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 municipalities.
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 individual who is registered. The fee shall be set by City Council Resolution
1145.13. Investiqation and Issuance. Subdivision 1. Upon receipt of each
application, it shall be referred to the Chief of Police, or his designee, who shall
immediately institute an investigation of the applicant including, but not limited, to a
criminal history and wanted persons check with the Bureau of Criminal Apprehension, 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 applicant may be found to be unsatisfactory for reasons including, but
� no# solely limited to:
a) Fraud, misrepresentation or incorreet 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 solicitor, canvasser, peddler, transient merchant,
itinerant merchant, or itinerant 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, itinerant
merchant, or itinerant 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 C1erk,
who shall notify the applicant that his/her application is disapproved and that no permit
will be issued.
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Subd. 4 If as a result of such investigation, the appiicant is found to be satisfactory,
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� the chief of police shall endorse on the application his or her approval and return the
application to the city cferk, who shall deliver the permit to the applicant. 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 issued 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
j one to whom it is issued. The City C1erk shall keep a permanent record of all permits
� issued.
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1145.15. Practices Prohibited. Subdivision 1. Siqns. Any resident of the City
I 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 inches long and 3-314 inches wide
; 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 sign.
,���,
Any resident of the City or business employee who wishes to exclude the deposit of
! advertising handbills, advertising circulars and other advertising materials from the '
j 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: "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 advertising
handbills, advertising circulars or other advertising material. No person other than the
e in'ure or deface such lacard or si n.
erson occu in such remises shall remov p 9
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Subd. 2 Transient Business
.
a) no part of any transient 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 residential properties;
-c) tfie transient business licensee shalC keep the parcel free of trash, litter, and
debris;
d) any tents, canopies, awnings or similar items and all water, electrical, and lighting
facilities shall be in compliance with applicable codes and regulations;
e) the transient merchant shall have in possession written evidence of consent of the �;;,�
owner or leasee of the parcel to conduet the transient business thereon. �
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� Subd. 3. Hours. No peddler, solicitor, or transient merchant shail enter upon any
residential or business premises for the purpose or carrying on his or her trade or
business between the hours of 8:00 p.m. and 5:00 a.m. of the following day unless such
person has been expressly invited to do so by the owner or occupant thereof.
A resident has asked that the City prohibit peddling or solciting after sundown.
Subd. 4. Loud Noises and Speakinq Devices. No permittee, nor any person in
his/her behalf, shall shout, cry out, blow a horn, ring a bell, or use any sound amplifying
device upon any of the streets, alleys, parks or other public places of the City or upon
private premises where sound of sufficient volume is emitted or produced therefrom to
be capable of being plainly heard upan 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 Reqistration Period. Registration shall be valid only for the calendar year.
All registrations shall expire on December 31 after their issue. The registration fee shall
remain the same throughout the year. -
1145.19 Reqistration Nontransferable. A registration may not be transferred. Each
peddler, solicitor, or transient merchant shall separately register.
i 1145.21. Revocation of License. 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, misrepresentation or incorrect statement contained in the application for
permit.
b) Fraud, misrepresentation or incorrect statement made in 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 itinerant 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 generai welfare of the public.
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; Subd. 2. Notice of the hearing for revocation of a permit shall be given by the City �
i Clerk in writing, setting forth specifically the grounds of complaint and the time and place
; of hearing. Such notice shall be mailed postage prepaid, to the permittee to his/her last
� known address at least five (5) days prior to the date set for hearing, 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 hearing.
� 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 rnay appeal to the City
� Council. Such appeal shall be taken by filing with the Council within fourteen (14) days
after notice of the action complained of, a written sta#ement setting forth fully the grounds
'; for the:,.appeal. The Council shall set a time and place for hearing on suci� 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 individual may
� conduct any business regulated hereunder while an appeal is pending.
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