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Ordinance 049• • VILLAGE OF CHANHASSEN to CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 49 AN ORDINANCE REGULATING PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS; REQUIRING LICENSES; AND ESTABLISHING PENALTIES. THE VILLAGE COUNCIL OF CHANHASSEN ORDAINS: SECTION 1. DEFINITIONS. When used in this ordinance, the following terms have the following meanings: a. "Peddler" means any person, whether a resident of the Village of Chanhassen 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 exposing the same for sale, or making sales and delivering articles to purchasers. It does not include vendors of milk, bakery products, groceries, or ice cream products who distribute their products to regular customers on established • routes, nor does it include newsboys and farm and garden produce vendors. b. "Solicitor" means any person, whether a resident of the Village of Chanhassen or not, 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 or merchandise, including magazines, books, periodicals, or personal property of any nature whatsoever for future delivery, or for service to be performed in the future, whether or not such individual has , carries or exposes for sale a sample of the subject of such order or whether or not he is collecting advance payments on such orders. Such definition includes any person, who, for himself, or for another person, firm or corporation, hires, leases, uses or occupies any building, motor vehicle, trailer, structure, tent, rail- road boxcar, boat, hotel room, lodging house, apartment, shop, or other place within the Village for the primary purpose of exhibiting samples and taking orders for future delivery. C. "Transient merchant" includes any person, firm or corporation, whether as owner, agent, consignee or employees, whether a resident of the Village of Chanhassen or not, who engages in a temporary business of selling and delivering goods, wares and merchandise within the Village, and who, in furtherance of such purpose, hires, • leases, uses or occupies any building, structure, motor vehicle, trailer, tent, railroad boxcar, boat, public room in hotels, lodging houses, apartments , shops, or any street, alley or other place within the Village for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction provided 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. The person, firm or corporation so engaged is relieved from complying with the provisions of this ordinance merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such transient business in connection with, as a part of, or in the name of any local dealer, trader, merchant, or auctioneer. SECTION 2. EXEMPTIONS 2.01 Exemptions. This ordinance does not apply to the acts of persons selling personal property at wholesale to dealers in such articles, nor to newsboys , nor to the acts of merchants or their employees in delivering goods in the regular course of business. Nothing contained in this ordi- nance prohibits any sale required by statute or by order of any court, or to prevent any person conducting a bona fide auction sale pursuant to law. 2.02 Exempt Vendors. This ordinance does not apply to uninvited initiatory calls made by vendors of milk, groceries, bakery products, or other perishable commodities for the purpose of establishing a regular route delivery service to regular customers; nor does this ordinance apply to farm and garden produce vendors. SECTION 3. LICENSE REQUIRED. It is unlawful for any peddler, solicitor or transient merchant to engage in any such business within the Village of Chanhassen without first obtaining a license therefor in compliance with the provisions of this ordinance. SECTION 4. LICENSE APPLICATION 4.01 Application for License. Applicants for a license under this ordinance shall file with the Village Clerk a sworn application in writing on a form to be furnished by the Village Clerk which shall give the following information: a. Name and physical description of applicant; • 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; -2- d. The name and address of the employer, principal or supplier of the applicant, together with credentials therefrom estab- lishing the exact relationship; e. The length of time for which the right to do business is desired; f. The source of supply of the goods or property proposed to be sold, or orders taken for the sale thereof, where such goods or products are located at the time said application is filed, and the proposed method of delivery; g. A recent photograph of the applicant which picture shall be approximately 2" x 2" showing the head and shoulders of the applicant in a clear and distinguishing manner; h. The names of at least two property owners of Carver County, Minnesota, who will certify as to the applicant's good character and business respectability, or, in lieu of the names of references, such other available evidence as to the good character and business responsibility of the applicant, -as will • enable an investigator to properly evaluate such character and business responsibility; i. A statement as to whether or not the applicant has been con- victed 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; j . The last cities or villages , not to exceed three, where applicant carried on business immediately preceding date of application and the addresses from which such business was conducted in those municipalities. 4.02 State License. The applicant for a license under this ordinance shall file evidence of a license under Minnesota Statutes, Chapter 329, with the Village Clerk. 4.03 Application Fee. At the time of filing an application for a license under this ordinance the applicant shall pay a fee of $ 20.00 to the Village, which fee shall not be refunded in the event of the denial or revocation of a license. • SECTION 5. INVESTIGATION AND ISSUANCE OF LICENSE. 5.01 Investigation. Upon the receipt of each application for a license, the Village Clerk shall refer the same to the Chief of Police who shall immediately -3- E • institute such investigation of the applicant's business and moral character as he deems necessary for the protection of the public good and shall endorse the application in the manner prescribed in this section within 72 hours after it has been filed by the applicant with the Village Clerk. 5.02 Disapproval. If as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory, the Chief of Police shall endorse on such application his disapproval and his reasons for the same, and return the said application to the Village Clerk, who shall notify the applicant that his application is disapproved and that no license shall be issued. 5.03 Approval and Issuance of License. If as a result of such investiga- tion, the character and business responsibility of the applicant are found to be satisfactory the Chief of Police shall endorse on the application his approval and return the application to the Village Clerk, who shall deliver to the applicant his license. Such license shall contain the signature of the issuing officer and shall show the name, address and photograph of said licensee, the type of license issued and the kinds of goods to be sold thereunder, the date of issuance and the length of time, not to • exceed 12 months from the date of issuance that the same shall be operative, as well as the license number and other identifying des- cription of any vehicle used in such licensed business. Each peddler, solicitor, or transient merchant must secure an individual license. No license shall be used at any time by any person other than the one to whom it is issued. The Village Clerk shall keep a permanent record of all licenses issued. SECTION 6. RELIGIOUS AND CHARITABLE ORGANIZATIONS. Any organiza- tion, society, association or corporation desiring to solicit or to have solicited in its name money, donations of money or property, or financial assistance of any kind or desiring to sell or distribute any item of literature or merchandise for which a fee is charged or solicited from persons other than members of such organizations upon the streets , in office or business buildings , by house to house canvass , or in public places for a charitable , religious , patriotic or philanthropic purpose shall be exempt from the provisions of Section 4 of this ordinance provided there is filed a • sworn application in writing on a form to be furnished by the Village Clerk which shall give the following information: 1XIC • 0- a Name and purpose of the cause for which license is sought; b. Names and addresses of the officers and directors of the organiz- tion; C. Period during which solicitation is to be carried on; d. Whether or not any commission, fee, wages or emoluments are to be paid in connection with such solicitation and the amount thereof. Upon being satisfied that such organization, association or corporation is a reputable and deserving religious, charitable, patriotic or philanthropic organi- zation, the Village Clerk shall issue a license without charge to such organization, association or corporation to solicit in the Village. SECTION 7. LOUD NOISES AND SPEAKING DEVICES. No licensee nor any person in his 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 upon the streets , parks, or other public places , for the purpose of attracting attention to any goods, wares or merchandise which such licensee proposes to sell. SECTION 8. USE OF STREETS. No licensee shall have any exclusive right to any location in the streets, parks, or other public places , nor shall any be per- mitted a stationary location thereon, nor shall any be permitted to operate in a con- gested area where such operation might impede or inconvenience the public use of such streets, parks or public places. For the purpose of this ordinance, the judgment of a police officer, exercised in good faith shall be deemed conclusive as to whether • the area is congested and the public impeded or inconvenienced. -5- • • SECTION 9. DUTY OF POLICE. 9.01 Enforcement. It shall be the duty of the police of the Village to require any person seen peddling, soliciting or canvassing, and who is not known by such officer to have obtained a license hereunder to produce his license and to enforce the provisions of this ordinance against any person found to be violating the same. 9.02 Records. The Chief of Police shall report to the Village Clerk all convictions for violation of this ordinance and the Village Clerk shall maintain a record for each license issued and record the reports of violation therein. SECTION 10. REVOCATION OF LICENSE 10.01 Causes for Revocation. Licenses issued under the provisions of this ordinance may be revoked by the Village Council after notice and hearing, for any of the following causes: 1. Fraud, misrepresentation, or incorrect statement contained in the application for license. • 2. Fraud, misrepresentation or incorrect statement made in the course of carrying on his business as solicitor, peddler or transient merchant. 3. Any violation of this ordinance. 4. Conviction of any crime or misdemeanor. 5. Conducting the business of peddler, solicitor, or transient mer- chant, as the case may be, 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. 10.02 Hearing. Notice of the hearing for revocation of a license shall be given by the Village 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 licensee at his last known address at least five days prior to the date set for hearing, or shall be delivered by a police officer in the same manner as a summons in a civil action at least three days prior to the date set for hearing. • • • SECTION 11. APPEAL. Any person aggrieved by the action of the Chief of Police or the Village Clerk in the denial of a license as provided in Section 5 of this ordinance may appeal to the Village Council. Such appeal shall be taken by filing with the Council within fourteen 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 a hearing on such appeal and notice of such hearing shall be given to the appellant in the same manner as provided in Section 10.02 of this ordinance for notice of hearing on revocation. SECTION 12. EXPIRATION OF LICENSE. All licenses shall expire at mid- night on the date specified in the license. SECTION 13. VIOLATIONS AND PENALTIES. Any person, firm or corporation who violates any provision of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $300.00 or by imprisonment for a period not exceeding 90 days or both. SECTION 14. EFFECTIVE DATE. This ordinance shall take effect and be in force from and after its passage and publication. ATTEST: CLERK Passed by the Council this 17th day of July, 1972. t MAYOR Published in Carver County Sun on the 27th, day of July , 1972. -7- Y 1r Conducting the business of ped- dler, solicitor, or transient mer- .�-. chant, as the case may be, in an on- 19 iq a or ; lawful manner or in soca a manner as to f to constitute a te a Hca to health, tOKfeW �bScadepl er than traffic violations, the nature Isafety or g Pub- ASSEN of the offense and the ppuunishment or lO.OL t dw searing ' J U t 1972 a*A W- assessed thereiot; for ', - _� be N Thee last cities ot� villages, not tof)dllliAIVi �' M writiE1 exceed three, where applicant car- ; fl nrds cv R E C E f V E ® `-r' SUN AN ORDINANCE IMOULATING ilea on business immediately pn eced- d int and ie time and PEDDLERS, SOLICIT©itS AN`D ing date of application and the ad- of boa ing. Such notice sha 1 Ib."e V 1 L L P C E C7 F � dresses from which such business trailed, postage prepaid, to the licen- QUIRI GENT LASES MERCHANTS; RE- was conducted in those inunicipali- see at his last known address at least r'' C H A �� _ L N , QUIKIIYG LICENSES; AND ESTAld- ties �r {AQb LISHING PENALTIES. 4.a �k ���• The applicant for r five days prior to the date set for M INN. V THE VILLAGE COUNICCIL OF CHAN- bearing, or shall be delivered by a �l HA I ORDAIN$: a license under this ordinance shall ce officer in the same manner as AFFIDAVIT OF P SECTION 1. DEFINITIONS. When file evidence of a license under Min- summonsin a civil iia, at least used is this ordinance, the following racoons Statutes. Chapter 3", with the Athree days prior to they date set for terms have the following meanings: Village Gest. bear,ag a. "Pedder" means any person, 4.43 Applicatled Fee. At the time of ' SECTION 11. ;APPEAL. Any per- whether a resident of the Village of filing an application for a license ;V s04, aggrieved by the acti*a of the Chanhassen or not., who goes lie M_ under this ordinance the applicant 1504, aggrieved or: the V Cleft in the shall pay a fee of $20.00 to the Vil- of a as pr m Section S CARVE,RC C >�� �° �°�� from P �° which fee shall not be refunded or frau street to street, conveying or lage, � ordinance may appeal to the Vil- transporting, wares or meq'- in the event of the denial or revues- Mling Council. Such appeal stall be taken chandise o�ng os exposing the tion d a license.with the Council witltin fourteen same for sale, or mating sales and SECTION5. INVESTIGATION AND days after notice of the action complained East 2nd Street delivering articles to purchasers. It ISSUANCE of LICENSE. of, a written sent settazig forth fully does not include vendors of Milk, 5.01 investigation. Upon the receipt the grounds for the appeal. The Council bakery products, groceries, or ice of each a lication for a license, the shall set a time and place for a hearing on cream products who distribute their Village shall refer the same i- such appeal and notice of each hearing products to regular customers on the Chief of Police who shall immedi- � be P� talbe aopdwbi is the same established routes, nor does it in- ately institute such investigation of maaaer as peeti'Med its Set" 10.0 of elute newsboys and farm and garden the applicant's business and moral this ordinance �, §Otke d Learing on prodntce vendors. character as he deems necessary for t�e�estit►a . b. "BNieitor" means slayperson, the protection of the publpic good and SCION 12. EXPIRATION OF LI- State of Minnesota whether a resident of the shall endorse the application in the CENSE. All bee"" shall expire at mid- ss. Chanhassen or not, who manner prescribed in this section the � within 72hoursafter it has been filed night � � tate specified In license. Count of Carver t° ' f� dace t0 b thea locant with the Village SECTION 13. VIOLATIONS AND or from street to street, solici:M of ` Y pp PENAMIMAny Per of this taking or attempting to tate orders Clerk. ration who viols rip pinna for sale of goods, wares or merchan- 5.92 Disapproval. If as a result of otdtnasice shall be guilty d a mnsdemean- dise, including magazines, books, such investigation, the applicant's or.and N convictiai�i tbeteof shall be periodicals, or personal property of character o business responsibility 00 any stature whatsoever for future de- is found to be unsatisfactory, the � 1rh a fila not � � Chief of Police shall endorse on such pe , exit for,* peri not ex- J. R. RITCHAY, being duly sworn, on oath say, livery, or for service to be performed ; . 0hys or bei. application his disapproval and his x},14. EFFECTIVE DATE. in the future, whether or not such PPti " been the vice president and printer of the newE indiividual has, carries or for reasons for the same, and return the shall tate effect, and be in ie of d said application to the Village Clerk, T to�e and has full knowledge of the facts herein stated �t who shall notify the applicant that his "' "(pe#rorm'7tnd atter its passage and pub- order or whether or not is eollett- Y lication. the English language in newspaper format and in c ing advance payments on such or- application is disapproved and that passed by the Council this 17th day of space to at least 900 square inches. (2) Said newsp; noticenseshallbeissued. dens' Such defitritirin incleides ANY 5.1�! A�roval and Issuance of Li- July, 1972. •� once each week. (3) Said newspaper has 50% of i pa's+ who, for himself, or for an ase. It as a result of such investiga- AL KLINGELHUTZ/cc cc other person, corporation, Mayor firm any tion, the character and business re- Y interest to the community which it purports to seri hires, leases, uses or aecapies ATTEST•ADOLPHTESSNESS/cc Publication and is not made up entirely of patents building, motor vehicle, trailer, sponsibility of theapplicant are Clerk Structure, tent, railroad boxcar, found to be satisfactorythe Chief of (July 27, 1972)—Cary newspaper is circulated in and near the municipali boat, hotel room, lod&rg house, Police shall endorse on the applica- 500 copies regularly delivered to paying subscribers, apartment, shop, or other place with- tion his approval and return the ap- circulation currently paid or no more than three rr in the Village for the pprrimary ppuux- plication to the Village .Clerk, who pose of exhi�bititng•samples and taking shall deliver to the applicant his li- class matter in its local postoffice. (5) Said new: orders for future delivery.cense. Such license shall contain the Chaska, Chanhassen, Victoria, Carver and Cologne c. "Transient merchant" includes signature of the issuing officer and known office of issue in the Village of Chaska in st any person, firm or corporation, shall show the name, address and whether as owner, agent, consignee photograph of said licensee, the type regular business hours for the gathering of news, sa or employees, whether a resident of of license issued and the kinds of tions and maintained by the managing officer or the Village 4 Chanhassen or not, who goods to be sold thereunder, the date direction and control during all such regular busin en ages in a temporary business of of issuance and the length of time, selling and delivering goods, wares not to exceed 12 months from the such business hours to the business of the newspal and merchandise within the Village, date of issuance that the same shall newspaper files a copy of each issue immediately ti and who, in furtherance of such pur- be operative, as well as the license news a er has complied with all the foregoing condi Pose, hires, leases, uses or occupies number and other identifying de- newspaper e- p p p any buliding, structure, motor vehi- scription of any vehicle used in such day or dates of publication mentioned below. (,8) Sai cle, trailer, tent, railroad boxcar, licensed business. Each peddler, sol- of State of Minnesota prior to January 1, 1973 an boat, public room in hotels, lodging icitor, or transient merchant must houses, apartments, shops, or any secure an individual license. No li- Secretary of State and signed by the vice president street, alley or other place within the cense shall be used at any time by notary public stating that the newspaper is a legal Village for the exhibition and sale of any person other than the one to such goods, wares and merchandise, whom it is issued. The Village Clerk either privately or at public auction shall keep a permanent record of all provided that such de.`inition does not licenses issued. include any person, firm or corpora- SECTION 6. RELIGIOUS AND CHARI- tion who, while occupying such tern- TABLE ORGANIZATIONS. Any organi- .1poraty location, does not sell from zation, society, association or corporation He further states on oath that the printed _,a stock, but exhibits samples for the desiring to solicit or to have solicited in art hereof was cut from the col Purpose �1°g ods for future its name money, donations of money or hereto attached as a p delivery only. The person, firm or property, or financial assistance of any corporation so engaged is relieved kind or desiring to sell or distribute any from complying with the provisions item of literature or merchandise for of this ordinance merely by reason of which a fee is charged or solicited from associating temporarily with any persons other than members of such orga- local dealer, trader, merchant or nizations upon the streets, in office or and published therein in the English language, once auctioneer, or by conducting such business buildings, by house to house can- transient business in connection vass, or in public places for a charitable, with, as appatirt of, or in the name of religious, patriotic or philanthropic pur- any local dealer, trader, merchant, pose shall be exempt from the provisions or auctioneer. _ of Section 4 of this ordinance provided A i ). id lr' SECTION 2. EXEMPTIONS. - there is filed a sworn application in writ- that it was first so published on the—� 2,01 Exemptions. This ordinance ing on a forin to be furnished by the Vil does not apply to the acts of persons lage Clerk which shall give the following selling personal property at whole- information: sale to dealers in such articles, nor to a. Name and purpose of the cause for newsboys, nor to the acts of mer- which license is sought; and was thereafter printed and published on every_ chants or their employees in deliver- b. Names and addresses of the offi- ing goods in the regular course of cers and directors of the organiza- business. Nothing contained in this tion; ordinance prohibits any sale required c. Period during which solicitation is by statute or by order of any court, or to be carried on; to prevent any person conducting a d. Whether or not any commission, the day of 19 bona fide auction sale pursuant to fee, wages or emoluments are to be law paid in connection with such solicita- of the lower case alphabet from A to Z, both inclusio 202 Exempt Vendors. This ordinance tion and the amount thereof. the size and kind of type used in the composition and donde Inst a$pf9 to unintvited initiatorY Upon being satisfied that such organiza- calls made by vendors of milk, gro- tion, association or corporation is a repu- abcdefghijklmnopqrsti ceries, bakery products, or other per- table and deserving religious, charitable, ishable commodities for the purpose patriotic or philanthropic organization, abcdefghilklmnopgrstui of establishing a regular route deliv- the Village Clerk shall issue a license ery service to regular customers; without charge to such organization, asso- nor does this ordinance apply to farm ciation or corporation to solicit in the Vil- and garden produce vendors. lage. SECTION L LICENSE REQUIRED. It SECTION 7. LOUD NOISES AND is unlawful for any peddler, solicitor or SPEARING DEVICES. No licensee nor transient merchant to engage in any such any person in his behalf, shall shout, cry business within the Village of Chanhassen out, blow a horn, ring a bell, or use any UP, . without first obtaining a license therefor sound amplifying device upon any of the Subscribed and sworn to before me this 2 r d in compliance with the provisions of this streets, alleys, parks or other public ordinance. places of the city or up; n private premis- SECTION 4. LICENSE APPLICA- es where sound of sufficient volume is TION. emitted or produced therefrom to be ca- 4.01 Application for License. Appli- pable of being plainly heard upon the (Notarial Seal) cants for a license under this ordi- streets, parks, or other public places, for nance shall file with the Village the purpose of attracting attention to any Clerk a sworn application in writing goods, wares or merchandise which such on a form to be furnished by the Vil- licensee proposes to sell. lage Clerk which shall give the fol- SECTION 8. USE OF STREETS. No lowing information: licensee shall have any exclusive right to Muriel L. Quist, Notary Public, Hennepin County, Min a. Name and physical description:of any location in the streets, parks, or ot':er applicant; public places, nor shall any be permit►;ed My Commission Expires July 28th, 1978. b. Compete permanent home and a 3wiq rt+'rnrtrcj4Vc P! pun y local address of the applicant and, inuI _ a n auii ItA the case of transient merchants, the p P i i local address from which proposed, aoM 13asui ayl 1e -JO( uaamlaq 11 peo-d Alunoo palaen hue panionul ue a�� aanaeD uo paIeaOi S saluaa IIiM S1,HddIaa1 V nod aanjuN )toed sanae� ay1, t i P iTO-tiLt Ines 'uol�ewlOiui pue pautioui ale satnpv alODU oro; ao do u2is OZ aapio oro saape12 ylxi sal n s uoi�enaasgo Baas aq pinoys sjuediai1aed 'd P sat al: -ul 2uiop pue 'sa2Ea Jaasui u�js oynn aidoad 5i 3 anti Ta 2uipnajsuOa ' (sseio of uado si a inoz) aqLL s 2uluan ul maaq umo ano axeuu uL s� Osie ue 2U110ii ieumido UV 'yauni a 2uia ii.aM) �uI�tEQ p C II w Ul-d 7 01 11'P _Ill