CONSENT - Cathy Sorensen, City Clerk
Title
SECOND READING
ARTICLE VI. - PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS
Schedule of Actions
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First Reading |
7/9/15 |
|
Second Reading |
8/6/15 |
Background
Upon review of the current ordinance with regard to revocation of an issued peddler/solicitor/transient merchant license, staff is recommending an ordinance amendment that will allow for immediate suspension of a license pending a revocation hearing. In addition, staff is also recommending other housekeeping items. All proposed changes are outlined below:
• Expanding definition of solicitor to include services
• Clarifying practice that licenses are issued administratively instead of by Council action
• Outlining requirement for all licensees to have City-issued photo identification license visible at all times
• Outlining license suspension process if deemed appropriate by staff pending notice and hearing
• Clarification of prohibited practices and posting of “no soliciting” signage
• Outlining duties of enforcement and penalties
Recommendation
Council held first reading on July 9. Staff recommends Council hold second reading and adopt the proposed ordinance.
Body
THE CITY OF BLAINE DOES ORDAIN: (Added portions are underscored and deleted portions are shown in brackets with overstrike.)
ARTICLE VI. - PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS
FOOTNOTE(S):
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Cross reference- Streets, sidewalks and other public places, ch. 70.
State Law reference- [Hawkers, p] Peddlers and transient merchants, Minn. Stat. ch. 329; [local regulation of hawkers, peddlers and transient merchants] Municipalities may regulate, Minn. Stat. §§ [329.06,] 329.15, 437.02; [home solicitation sales] Consumer protection; solicitation of sales, Minn. Stat. ch. 325G.
DIVISION 1. - GENERALLY
Sec. 22-271. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Peddler means any person with no fixed place of business, who goes from house to house, from place to place, or from street to street, conveying or transporting goods, wares, services, or merchandise and offering or exposing the same for sale, or making sales and deliveries to purchasers.
Solicitor means any person who goes from house to house, from place to place, or from street to street, soliciting or taking or attempting to take orders for sale of goods, wares, services, or merchandise, including magazines, books, periodicals, or personal property of any nature whatsoever for future delivery.
Transient merchant means any person, who engages temporarily in the business of selling and delivering goods, wares, services, and merchandise within the city outside of a building with a valid certificate of occupancy, and who, in furtherance of such purpose, hires, leases, uses or occupies any vacant lot, lot, motor vehicle, trailer, tent, or railroad car.
(Code 1963, § 67.01; Code 1980, § 15-20; Ord. No. 206, 11-6-1969; Ord. No. 652, 9-6-1979; Ord. No. 85-867, 3-7-1985; Ord. No. 90-1191, 3-1-1990)
Cross reference- Definitions generally, § 1-2.
Secs. 22-272-22-290. - Reserved.
DIVISION 2. - LICENSE
Sec. 22-291. - Required.
No peddler, solicitor or transient merchant shall sell or offer for sale any goods, wares, services, or merchandise within the city unless a license therefor shall first be secured as provided in this article.
(Code 1963, § 67.02; Code 1980, § 15-21; Ord. No. 206, 11-6-1969; Ord. No. 652, 9-6-1979)
Sec. 22-292. - Application and issuance.
Application for such license shall be made to the city clerk on a form supplied by the city. The application shall state:
(1) The name and address of the applicant and of all persons associated with the applicant in the applicant's business;
(2) The manager or supervisor's name and business telephone;
(3) The type of business for which the license is desired;
(4) In the case of transient merchants, the place where the business is to be carried on;
(5) The length of time and the hours for which the license is desired;
(6) A general description of the thing or things to be sold;
(7) The places of residence of the applicant for the five years next preceding the date of application. Blank applications shall be issued on payment of an amount established by council action which amount shall be credited on the license fee if the license is granted.
Every application shall include the recommendation of the police chief or designee after an investigation of the applicant and all persons associated with the applicant's business. [The completed application shall be presented to the council for its consideration, and if granted by the council a license shall be issued by the city clerk upon payment of the required fee.] The police chief or designee shall promptly report the results of the police investigations to the city clerk. If grounds for denial or revocation are not discovered in the police investigation the city clerk shall be so informed and shall issue a license to the applicant.
(Code 1963, § 67.03; Code 1980, § 15-22; Ord. No. 206, 11-6-1969; Ord. No. 652, 9-6-1979; Ord. No. 98-1695, § 7, 2-5-1998; Ord. No. 07-2123, 3-8-2007)
Sec. 22-293. - Fees.
Fees for licenses shall be established by council action.
(1) Application fee (initial investigation) per representative in addition to the applicant.
(2) Peddlers, solicitors, transient merchants, per day per applicant.
(3) Peddlers, solicitors, transient merchants, per week per applicant.
(4) Peddlers, solicitors, transient merchants, per month per applicant.
(5) Peddlers, solicitors, transient merchants, per year per applicant.
(Code 1963, § 67.04; Code 1980, § 15-23; Ord. No. 206, 11-6-1969; Ord. No. 652, 9-6-1979; Ord. No. 85-868, 3-7-1985; Ord. No. 98-1695, § 7, 2-5-1998; Ord. No. 07-2123, 3-8-2007)
Sec. 22-294. - Duration.
Each license shall be valid only for the period specified and no license may extend beyond December 31 of the year in which it is granted.
(Code 1963, § 67.05; Code 1980, § 15-24; Ord. No. 206, 11-6-1969; Ord. No. 652, 9-6-1979)
Sec. 22-295. - Transfer.
All licenses shall be nontransferable. No refunds shall be made on unused portions of licenses except by resolution of the council. Each peddler, solicitor, or transient merchant shall secure a separate license.
(Code 1963, § 67.06; Code 1980, § 15-25; Ord. No. 206, 11-6-1969; Ord. No. 652, 9-6-1979)
Sec. 22-296. - [To be carried.] Display of Licenses.
[All licenses shall be carried by the licensee, or in the case of a transient merchant conspicuously posted in the licensee's place of business, and the license and a city issued photo identification shall be exhibited to any officer or citizen upon such officer's or citizen's request.]
At all times while peddling, soliciting or operating as a transient merchant, every peddler, solicitor, or transient merchant shall wear a city-issued photo identification license visible to all persons with whom the licensee comes in contact. The license shall set forth the licensee's name, the name and address of the business or organization and license expiration date and shall exhibit the license to any police officer, other city officer, or any other person to whom such licensee is or would peddle or solicit when so requested.
(Code 1963, § 67.07; Code 1980, § 15-26; Ord. No. 206, 11-6-1969; Ord. No. 652, 9-6-1979; Ord. No. 07-2123, 3-8-2007)
Sec. 22-297. - Suspension/Revocation of License.
Any license may be revoked [by the council] for a violation of any provision of this article if the licensee has been given a reasonable notice and an opportunity to be heard.
(1) The City Manager or designee may immediately suspend a license if the licensee, or any person working on behalf of the licensee, is determined to be conducting business in an unlawful manner, any manner that constitutes a breach of the peace or a menace to the health, safety, or general welfare of the public, or after repeated complaints received regarding conduct of business practices or method of solicitation.
(2) Suspension must be reviewed by a hearing officer:
(a) Notice and hearing. A suspension by a hearing officer shall be preceded by written notice to the licensee and a hearing. The notice shall give at least ten days' notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The notice shall be mailed by regular mail to the licensee at the most recent address listed on the license application.
(b) The license issued pursuant to this Section may be revoked after notice and hearing in accordance with this Section for any of the following reasons:
(1) Any fraud, misrepresentation, or false statement contained in the registration or in the application for license.
(2) Any fraud, misrepresentation, or false statement made in connection with the selling of goods, wares, services, or merchandise.
(3) Any violations of this article.
(4) Conviction of the licensee of any felony or of a misdemeanor involving moral turpitude.
(5) Conducting the business licensed under this article in an unlawful manner or in such a manner as to constitute a breach of the peace or as to constitute a menace to the health, safety, or general welfare of the public.
(c) Ability to reapply. Any applicant who has violated any of the provisions of this Chapter shall not be eligible for a new license for a period of two years following the expiration or termination of the applicant's last previous license.
(Code 1963, § 67.10; Code 1980, § 15-27; Ord. No. 206, 11-6-1969; Ord. No. 652, 9-6-1979)
Sec. 22-298. - Prohibited practices.
(a) No peddling or soliciting shall take place between the hours of 7 p.m. and 9 a.m. Monday through Saturday, unless a previous appointment has been made, and peddling or soliciting is prohibited on Sundays.
(b) Peddlers and solicitors are prohibited from accessing a person's business or property if a "no soliciting" sign is posted [on a door of their residence or business].
(c) No peddler, solicitor, or transient merchant shall call attention to such person's business or to such person's merchandise by crying out, by blowing a horn, by ringing a bell, or by making any loud or unusual noise.
(Code 1963, § 67.08; Code 1980, § 15-28; Ord. No. 206, 11-6-1969; Ord. No. 652, 9-6-1979; Ord. No. 07-2123, 3-8-2007)
Sec. 22-299 - Enforcement.
(1) It shall be the duty of the police chief or designee, zoning administrator or designee, or community standards director or designee to examine all places of business and persons in their respective transient merchant locations subject to the provisions of this article to determine compliance with this article and to enforce the provisions of this article against any person found to be violating the same.
(2) Citation charging a violation of this article may be issued by any law enforcement officer, any community service officer, zoning administrator or designee, or community standards director or designee.
Sec. 22-300 - Penalties.
In addition to any other sanctions that may be imposed, a violation of this article will constitute a misdemeanor.
Secs. 22-[299] 301-22-330. - Reserved.
INTRODUCED AND READ in full the 9th day of July, 2015.
PASSED by the City Council of the City of Blaine this 6th day of August, 2015.