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To: Hopkins City Council
From: Jim Genellie, City Clerk
Date: March 29, 1994
Subject: Second Reading of Ordinance #94-737
Staff recommends the following motion: Move that the Hopkins Citv Council approve
Ordinance #94-737 for second readinq and order published.
This action will continue the process of amending Section 1145 of the Hopkins City
Code in regard to peddlers, solicitors, and transient merchants.
The City Council raised a question concerning the frequency of garage sales. The
• Zoning Code contains the definition and allowed frequency of garage sales. Garage
sales are not supposed to exceed three days or be held more than twice a year.
Enforcement of this provision is done on a complaint basis by the Zoning Administrator.
•
. CITY OF HOPKINS COUNTY OF HENNEPIN
ORDINANCE NO. 94-737
ORDINANCE AMENDING SECTION 1145 OF THE
HOPKINS CITY CODE RELATING TO
SOLICITORS, PEDDLERS, AND TRI•�NSIENT MERCHANTS
The City Council of the City of Hopkins does hereby ordain:
SECTION 1. That the Hopkins City Code is amended by cYeleting
Section 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 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
business to business, from place to place, or from street to
street, conveying or transporting goods, wares or merchandise or
offering or exposing the same for sale, or ma�l��:ng 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 peddler.
•
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 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.
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 within the City, for the exhibition 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 delivery only, nor
shall such definition apply to any person, firm or corporation who
sells such goods, wares, or merchandise from within the confines
; of a lawfully established and operating permanent retail sales
i operation. �
1145.05. Permit Required It is unlawful for any peddler,
solicitor or transient 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.
� 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 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, soliciting for such
organizations as the "Boy Scouts" or "Girl Scouts" where
the children soliciting are members of the organization
and where the proceeds of the sale are mainly devoted to
the benefit of children;
e) organizations selling Christmas trees at sites approved by
the City, although such organizations shall comply with
Section 1145.15, Subd. 2; �'�
f) "garage" or "estate" sales;
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� 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 wher�
organized.
Upon receipt of the completed application, the City Clerk shall
issue a permit without charge to such organization, association or
corporation to solicit in the City. Such organization, shall
furnish all of its members, agents, or representatives conducting
the peddling or solicitation credentials, in writing, stating 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 merchandise as part of a City sponsored or
licensed festival or activity.
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 identification, and written
authorization for necessary background checks by the
Police Department of the person registering and each
individual that will be carrying the activity of a
peddler, solicitor, or transient 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 which the right to do business is
� desired.
�„���
e) A statement as to whether the applicant has been convicted 1
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 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 Gity
Council Resolution. .
1145.13. Investigation 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
i 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
i for reasons including, but not solely limited to:
I a) Fraud, misrepresentation 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 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 . �:�,
, :,....... ..... ,
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� 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 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 one to whom it is issued. The City Clerk shall
keep a permanent record of all permits issued.
1145.15. Practices Prohibited. Subdivision 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 inches long and 3-3/4 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 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 person occupying such premises shall
remove, injure or deface such placard or sign.
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) the transient business licensee shall 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 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 Devices. No permittee,
nor any person in his/her behalf, sha11 shout, cry out, blow a ,
horn, 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 upon the streets,
avenues, alleys, parks, or other public places, for the purpose of
attracting attention to any goods, wares, or merchandise which
j such permittee proposes to sell.
1145.17 Registration Period. Registration shall be valid only
for the calendar year. Al1 registrations shall expire on December
31 after their issue. The registration fee shall remain the same
throughout the year. . .
I 1145.19 Registration Nontrarisferable. A registration inay not be
� transferred.. Each peddler, solicitor, or transient merchant shall
i separately register. -
�
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:
i a) Fraud, misrepresentation or incorrect statement contained
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in the application for permit.
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� 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 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 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 may 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
statement setting forth fully the grounds for the appeal. The
� Council 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 individual 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
I Date of Publication: April 13, 1994
Effective Date of Ordinance: May 4, 1994
Charles D. Redepenning, Mayor
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James A. Genellie, City Clerk
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