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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: