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HomeMy WebLinkAboutNo 960 Amending Chapter 28-Peddlers, Solicitors and Vendors ORDINANCE NO. 960 AN ORDINANCE AMENDING CHAPTER 28 –PEDDLERS, SOLICITORS AND VENDORS BE IT ORDAINED by the Mayor and City Council of the City of Maplewood that Chapter 28, Peddlers, Solicitors and Vendors is hereby amended to read as follows: Chapter 28 -PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS ARTICLE I. -IN GENERAL Sec. 28-1. -Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Peddlermeans any person with no fixed place of business within the city, who goes from house-to-house, door-to-door, business-to-business, street-to-street, or any other type of place-to-place movement, 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 or merchandise, or other personal property that the person is carrying or otherwise transporting. Personmeans any natural individual, group, organization, corporation, partnership, or similar association. Regular business daymeans any day during which the city hall is normally open for the purpose of conducting public business. Holidays defined by state law shall not be considered regular business days. Solicitormeans any person who goes from house-to-house, door-to-door, business-to- business, street-to-street, or any other type of place-to-place movement, for the purpose of taking or attempting to take orders for the purchase of any goods, wares, products, merchandise, or other personal property, or service of which he or she may be carrying or transporting samples, or that may have been described in a catalog or by other means, and for which delivery or performance shall occur at a later time. Transient merchantmeans any person, individual, co-partnership, limited liability company, and corporation, both as principal and agent, who engage in, do, or transact any temporary and transient business in the city, either in one locality, or in traveling fromplace to place in the city, selling goods, wares, and merchandise; and who, for the purpose of carrying on such business, hire, lease, occupy, or use a building, structure, 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. Sec. 28-2. –Exceptions to definitions. For the purpose of the requirements of this ordinance, the terms peddler, solicitor and transient merchant shall not apply to any person selling or attempting to sell at wholesale any goods, wares, products, merchandise, or other personal property, to a retailer of the item(s) being sold by the wholesaler. The terms also shall not apply to 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 and milk, nor shall they apply to any person making deliveries of perishable food and dairy products to the customers on his or her established regular delivery route. In addition, persons conducting the type of sales commonly known as garage sales, rummage sales or estate sales,shall be exempt from the definitions of peddlers, solicitors, and transient merchants, as shall be anyone conducting an auction as a properly licensed auctioneer, newspaper deliveryor any officer of the court conducting a court ordered sale. Exemption from the definitions for the scope of this ordinance shall not excuse any person from complying with any other applicable statutory provision or local ordinance. Sec. 28-3. -Hours. No peddler, solicitor or transient merchant shall engage in any related activities within the city between the hours of 9:00 p.m. and 8:00 a.m. Sec. 28-4. –Prohibited activities. No peddler, solicitor, transient merchant or other person engaged in other similar activities shall conduct business in any of the following manner: (a) Calling attention to his or her business or the items to be sold by means of blowing any horn or whistle, ringing any bell, crying out, or by any other noise, so as to be unreasonably audible within an enclosed structure. (b) Obstructing the free flow of traffic, either vehicular or pedestrian, on any street, sidewalk, alleyway, or other public right-of-way. (c) Conducting business in a way as to create a threat to the health, safety, and welfare of any specific individual or the general public. Sec. 28-5. -Placard or sign prohibiting peddlers, solicitors and transient merchants. (a)Any resident of the city who wishes to exclude peddlers, solicitors and transient merchants from premises occupied by him may place upon or near the usual entrance to such premises a printed placard or sign bearing the following notice: "Peddlers, Solicitors and Transient Merchants Prohibited." (b)Such placard shall be at least 4 inches long and 4 inches wide, and the printing thereon shall not be smaller than 48-point type. (c)No peddler, solicitor or transient merchant shall enter in or upon any premises or attempt to enter in or upon any premises where such placard or sign is displayed. (d)No person, other than the person occupying such premises, shall remove, injure or deface such placard or sign. Secs. 28-6—28-35. -Reserved. ARTICLE II. -PERMITS Sec. 28-36. -Required; exception. (a)No person shall conduct business as atransient merchant within the city limits without first having obtained the appropriate license from the county as may be required by Minnesota Statutes Chapter 329 as it may be amended from time to time, if the county issued a license for the activity. (b)It shall be unlawful for any transient merchant to transact any transient business in the city without first having obtained a permit for this purpose from the city clerk. (c)Peddlers and solicitors shall be exempt from the permit requirement. (d)No permit shall be required for any person to sell or attempt to sell, or to take or attempt to take orders for any product grown, produced, cultivated, or raised on a farm or garden occupied, rented, or used and cultivated by themselves. Sec. 28-37. -Contents of application. An application for a permit to conduct business as a transient merchant shall be made at least seven (7) regular business days before the applicant desires to begin conducting a business operation within the city. Application for a permit shall be made on a form approved by and available from the office of the city clerk. All applications shall be submitted to the city clerk and shall include the following information: (a) The applicant’s full legal name. (b) Any and all other names under which the applicant has or does conduct business, or to which the applicant will officially answer to. (c) Full address of applicant’s permanent residence. (d) Telephone number of applicant’s permanent residence. (e) Full legal name of any and all business operations owned, managed, or operated by applicant, or for which the applicant is an employee or an agent. (f) Full address of applicant’s regular place of business, if any exists. (g) Any and all business-related telephone numbers of the applicant, including cellular phones and facsimile (fax) machines. (h) The type of business for which the applicant is applying for a permit. (i) The dates during which the applicant intends to conduct business. If the applicant is applying for a daily permit, the number of days he or she will be conducting business within the city. (j) Any and all addresses and telephone numbers where the applicant can be reached while conducting business within the city, including the location where the vendor intends to set up his or her business. (k) A statement as to whether or not the applicant has been convicted within the last five (5) years of any felony, gross misdemeanor or misdemeanor for violating any state or federal statute or any local ordinance, other than minor trafficoffenses. (l) A statement as to whether or not the applicant has had a license or permit to conduct business as a transient merchant revoked or denied within the past five (5) years. (m) Proof of any required county license. (n) Written permission of the property owner or the property owner’s agent for any location to be used. (o) A general description of the items to be sold. (p) Any and all additional information as may be deemed necessary by the city council. (q) The applicant’s driver’s license number or other acceptable form of identification. (r) The license plate number, registration information, vehicle identification number, the name of the insurer providing liability coverage on the vehicle, and physical description of any vehicle to be used in conjunction with the licensed business operation. Sec. 28-38. -Issuance; fee; fee exemptions. (a)Upon receipt of the application and payment of the permit fee, the city clerk will, within seven (7) regular business days issue the permit unless grounds exist for denying the permit application under Sec. 28-39, in which case the clerk must deny the request for a transient merchant permit. If the city clerk denies the permit application, the applicant must be notified in writing of the decision, the reason for denial and the applicant’s right to appeal the denial by requesting, within twenty (20) days ofreceiving notice of rejection, a public hearing before the city council. The city council shall hear the appeal within twenty (20) days of the date of the request for a hearing. (b)All applications for a permit under this division shall be accompanied by the fee established by the city council as it may be amended from time to time. (c)Religious, charitable, patriotic or philanthropic organizations shall be exempt from the payment of the fee, provided that the organizations shall provide a copy of current tax- exempt status for the applying organization, and that shall be evidence of the exemption from the payment of such fee. Sec. 28-39. -Term; permit ineligibility; revocation. (a)No permit shall be issued pursuant to this article for any period of time in excess of one year. An annual permit shall be valid for one calendar year from the date of issuance. All other permits granted to transient merchants under this division shall be valid only during the time period indicated on the permit. (b)Thefollowing shall be grounds for denying a transient merchant permit: (1) The failure of an applicant to obtain and demonstrate proof of having obtained any required county license. (2) The failure of an applicant to truthfully provide any information requested by the city as part of the application process. (3) A conviction within the past five (5) years of the date of application for any violation of any federal or state statute or regulation, or of any local ordinance, which adversely reflects upon the person’s ability to conduct the business for which the permit is being sought in a professional, honest and legal manner. Such violations shall include, but are not limited to, burglary, theft, larceny, swindling, fraud, unlawful business practices, and any form of actual or threatened physical harm against another person. (4) The revocation within the past five (5) years of any license or permit issued to an applicant for the purpose of conducting business as a transient merchant. (c)Any permit may be revoked by the city manager when it shall appear that the permittee has violated any of the sections of this chapter or has engaged in activities contradictory to the best interest of the residents of the city. (1)Notice.Prior to revoking or suspending any permit issued under this chapter, the city shall provide a permit holder with written notice of the alleged violations and inform the permittee of his or her right to a hearing on the alleged violation. Notice shall be delivered in person or by mail to the permanent residential address listed on the permit application, or if no residential address is listed, to the business address provided on the permit application. (2)Administrative hearing. Upon receiving the notice provided in part (1) of this section, the permittee shall have the right to request an administrative hearing. If no request for a hearing is received by the city clerk within ten (10) days following the service of the notice, the city may proceed with the suspension or revocation. For the purpose of a mailed notice, service shall be considered complete as of the date the notice is placed in the mail. If a hearing is requested within the stated timeframe, a hearing shall be scheduled within twenty (20) days from the date of the request for the administrative hearing. Within three (3) regular business days of the hearing, the city shall notify the permittee of its decision. (3)Emergency.If, in the discretion of the city manager, imminent harm to the health or safety of the public may occur because of the actions of a transient merchant licensed under this ordinance, the city manager may immediately suspend the person’s permit and provide notice of the right to hold a subsequent hearing as prescribed in part (2) of this section. (4)Appeal.Any person whose permit is suspended or revoked under this section shall have the right to appeal that decision to city council. Sec. 28-40. -Transferability. All permits issued under this article shall be nontransferable. Each transient merchant shall secure a separate permit. Sec. 28-41. -Possession, display. All permits issued under this article shall be carried by the permittee or conspicuously posted in his place of business, and the permit shall be exhibited to any officer or citizen upon request. Secs. 28-42—28-70. -Reserved. The Maplewood City Council approved this ordinance on October 12, 2015.