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12. Solicitors Ordinance C ITYOF /a. CHANHASSEN ' 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 1 1 MEMORANDUM TO: Mayor Don Chmiel City Council 1 Don Ashworth, City Manager FROM: Scott Harr, Public Safety Director ` 1 DATE: March 16, 1993 1 SUBJ: Solicitors Ordinance 1 This memo is to present a draft for a new solicitors ordinance, which represents a combination of the two drafts previously submitted to the Council. In effect, this new ordinance permits residents and businesses to post a sign prohibiting solicitors, peddlers, and 1 transient merchants from approaching the home or business, while allowing the City to maintain control over solicitors and peddlers working within Chanhassen that approach homes and businesses that do not object to such contacts. BACKGROUND Simply put, ARTICLE IV. PEDDLERS, SOLICITORS, ETC., of the Chanhassen City Code has consistently proven unworkable. As can be seen from Sec. 10 -141. of the Chanhassen City code (copy attached), those engaged in charitable solicitations need only "register" with the City, and the sellers of merchandise need not even do this. With the increase in population of our City, we have seen an increase in door to door solicitation and sales, from both charitable and business groups. 1 With the existing ordinance, the City has no method of controlling this activity. 1 41, PRINTED PRINTED ON RECYCLED PAPER 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 March 16, 1993 Page 2 1 1 ANALYSIS I The increasing number of complaints we are receiving regarding this activity range from people simply not appreciating having their business routine infringed upon or being bothered at home, to very abusive and threatening salespeople bothering them. We have 1 had instances where groups have been working in our City that have been ejected from other communities, and we have had situations where door to door sales people have actually been arrested for disorderly conduct. As our ordinance presently stands, if 1 charitable groups have registered, there is nothing we can do, and private enterprises basically have carte blanche to work door to door here without any limitations by the City. 1 The attached proposed ordinance is unique in that it allows residents and businesses in Chanhassen to make the decision whether or not they wish to be approached by solicitors I or door to door sales people. Those that do not wish to be contacted can post a sign so stating, which can be enforced if necessary. People may also prohibit handbills, circulars, and advertising material from being left on their premises. Recognizing, however, that some I people do not wish to exclude such business, the City, through the attached ordinance, can regulate such activity occurring within the City and maintain an awareness of who is working within our City. 1 RECOMMENDATION 1 It is the recommendation of staff that the attached ordinance regulating peddlers, solicitors, and transient merchants, be adopted, along with the attached abbreviated ordinance for I publication and resolution establishing the permit fee and regulating the distribution of handbills, circulars, and advertising material. 1 1 1 1 1 1 1 1 1 1 CITY OF CHANHASSEN 1 CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 10, ARTICLE IV OF THE CHANHASSEN CITY CODE CONCERNING PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Chapter 10, Article IV, of the Chanhassen City Code is amended in its entirety to read: 1 ARTICLE W. PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS 1 Sec. 10 -141 DEFINITIONS. Unless otherwise expressly stated, whenever used in this Article, the following words 1 shall have the meaning given to them by this Section: PEDDLER: Any person, firm, corporation, or other business organization who goes from dwelling to dwelling, business to business, place to place, or from street to street, carrying or transporting goods, wares, or merchandise 1 and offering or exposing the same for sale. SOLICITOR: Any person, firm, corporation, or other business organization who goes 1 from dwelling to dwelling, business to business, place to place, or from street to street, soliciting donations other than political campaigns, or taking or attempting to take orders for any goods, wares, or merchandise, including books, periodicals, magazines, or personal property of any nature whatever for future delivery. 1 TRANSIENT MERCHANT: Any person, firm, corporation, or other business organization who engages temporarily in the business of selling and delivering goods, 1 1 1 1 I wares, or merchandise within the City, and who, in furtherance of such purpose, hires, leases, uses, or occupies any vacant lot, parking lot, motor vehicle, or trailer. 1 Sec. 10 -142. REGISTRATION REQUIRED. 1 It is unlawful for any peddler, solicitor, or transient merchant to engage in any such activity within the City without first registering with the Public Safety Department in 1 compliance with the provisions of this Article. Any transient merchant, peddler, or solicitor, registering in the City must show proof that such person is licensed for such occupation under the provisions of Minnesota Statute Chapter 329, as amended. Registration does not 1 exempt compliance with all other applicable local, state, and federal laws, including zoning regulations. Sec. 10 -143. EXEMPTIONS. I This Article does not apply to: (a) persons selling products of the farm or garden, including christmas trees and flowers at sites approved by the Public Safety Director I considering vehicle traveling speeds, turning movement, available parking, and other public safety considerations, (b) children, age eighteen or younger, soliciting for school sponsored activities, or (c) residents selling personal property from their residence for no more than I three days per year (such as at a "garage sale "). I Sec. 10 -144 REGISTRATION. Persons registering under this Article shall file with the Public Safety Department a I written statement on a form to be furnished by the Department. The statement shall provide: I (A) Name, date of birth, driver's license number identification, and written authorization for necessary background checks by the Public Safety Department of the person registering and each individual that will be carrying the activity of a peddler, I 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 activity shall be required to submit their name, date of birth, driver's license information, and written 1 authorization necessary for the Public Safety Department to conduct background checks. (B) The permanent home and business address of the applicant and, in the case of 1 transient merchants, the local address from which proposed sales will be made. 1 2 1 1 1 (C) A description of the nature of the business and the goods to be sold. 1 (D) The length of time for which the right to do business is required. (E) The names of at least three (3) references who will substantiate the person's good I character and business respectability or other evidence of the good character and business responsibility of the person registering. 1 (F) A statement as to whether or not the person has been convicted of any crime, misdemeanor, or violation of any municipal ordinance, other than traffic violations, the I nature of the offense, and the punishment or penalty assessed. (G) The two (2) preceding cities, if any, where the person carried on his activity prior 1 to the current registration. 1 Sec. 10 -145. FEE. At the time of registration, the person registering shall pay a fee to cover the I administrative costs of processing and investigation. The fee shall be for each individual registering and carrying on such activity. The fee shall be in an amount determined by City I Council resolution. Sec. 10 -146. PERSONS WORKING FOR OR ASSISTING REGISTRANT. 1 The registrant shall also supply the information required in Section 10 -144 of this Article I for all persons working for or assisting the registrant and pay the fee for each person. Sec. 10 -147. REGISTRATION VERIFICATION. I Upon issuance of the permit, the Public Safety Department shall issue a registration I statement upon the filing of a properly signed and completed form, which shall be carried by the person(s) engaged in such activity. Sec. 10 -148. PRACTICES PROHIBITED (A) No peddler, solicitor , or transient merchant shall call attention to his business or P to his merchandise by crying out, by blowing a horn, or by ringing a bell or other noise so I 3 1 1 1 1 I as to be audible within the confines of an enclosed dwelling structure, or otherwise in violation of city ordinances pertaining to noise or other nuisances. 1 (B) Peddlers and solicitors may be prohibited by placard. Any resident of a dwelling unit or business employee in the City who wishes to exclude peddlers, solicitors, or transient merchants from the dwelling unit occupied by the resident or business, may place upon or I near the usual entrance to the dwelling or business a printed placard or sign bearing the following notice: "Peddlers and Solicitors Prohibited ". The placard or sign shall be at least I 3 -3/4 inches long and 3 -3/4 inches wide and the printing shall not be smaller than 48 point type. No peddler or solicitor shall enter upon any premises, ring any doorbell, or knock on any door where a placard or sign is posted, unless the peddler or solicitor has been I previously invited by the resident of the dwelling unit. No person other than the dwelling unit's occupant, or authorized employee of the business I shall remove, injure or deface the placard sign. (C) Any resident or employee of a business in the City who wishes to exclude the I deposit of advertising handbills, advertising circulars and other advertising materials from the premises occupied by the resident or the place of business may place upon or near the front entrance to the premises a printed placard or sign bearing the following notice: I "Depositing of Handbills, Circulars, Advertising Material Prohibited." The placard or sign shall be at least 3 -3/4 inches long and 3 -3/4 inches wide and the printing shall not be smaller than 48 point type. I No person other than the person occupying the premises or authorized employee of the business shall remove, injure or deface the placard or sign. I No person shall enter upon any premises where such a sign or placard is placed and deposit any advertising handbills, advertising circulars or other advertising material. I (D) No peddler, solicitor, or transient merchant shall enter upon any residential or business premises for the purpose of carrying on his trade or business between the hours of 1 nine o'clock (9:00) p.m. and nine o'clock (9:00) a.m. of the following day unless such person has been expressly invited to do so by the owner or occupant thereof. 1 (E) Peddlers, such as ice cream sales, that sell from a motor vehicle when the customer comes to the motor vehicle to make a purchase may not solicit sales on public or private 1 streets, roads or highways; or, any other roadways, public or private abutting a school or park. 1 Sec. 10 -149. REGISTRATION PERIOD. 1 4 1 1 1 Registration shall be valid only for the calendar year. All registrations shall expire on 1 December 31 after their issue. The registration fee shall remain the same throughout the year. Sec. 10 -150. REGISTRATION NONTRANSFERABLE. I A registration may not be transferred. Each peddler, solicitor, or transient merchant shall separately register. I Sec. 10 -151. REVOCATION OR DENIAL OF REGISTRATION. I (A) A person registered under the provisions of this Article shall be allowed to conduct his or her activity within the City provided that none of the following occurs: (1) Fraud, misrepresentation, or false statement contained in the application for registration. I (2) Fraud, misrepresentation, or false statement made in the course of carrying on his or her activity. 1 (3) Any violation of this Article. (4) Conviction of any felony or of a misdemeanor involving moral turpitude during I the period of registration. (5) Conducting the business in an unlawful manner or in such a manner as to I constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public. 1 (B) A registration shall be denied or revoked by the Director of Public Safety, preceded by written notice and an opportunity to be heard, if any of the conduct listed in 1 subsection (A) of this Section shall occur. Section 2. This ordinance shall be effective immediately upon its passage and I publication. Section 3. Violation of this ordinance shall be a misdemeanor 5 1 1 1 1 1 1 PASSED AND ADOPTED by the Chanhassen City Council this day of ,19 A'flEST: 1 Don Ashworth, Clerk /Manger Donald J. Chmiel, Mayor 1 (Published in the Chanhassen Villager on , 19 .) 1 1 1 1 1 1 1 1 1 1 6 1 1 1 City of Chanhassen 1 Carver and Hennepin Counties, Minnesota DATE: RESOLUTION: MOTION BY: SECONDED BY: 1 A RESOLUTION ESTABLISHING THE REGISTRATION FEE FOR PEDDLERS, 1 SOLICITORS, AND TRANSIENT MERCHANTS 1 WHEREAS, the Chanhassen City Council has adopted an ordinance amending Chapter 10, Article 4 of the Chanhassen City Code concerning peddlers, solicitors, and transient I merchants; and, WHEREAS, said ordinance authorizes (such Sec. 10 -145. FEE.) that applicants shall pay I a fee to cover the administrative cost of processing and investigation. NOW, THEREFORE, BE IT RESOLVED by the Chanhassen City Council that the I registration fee be $25.00 per person, or a total of $50.00 for a charitable organization. Passed and adopted by the Chanhassen City Council this . I ATIEST: EST: ' 1 Don Ashworth, City Clerk /Manager Donald J. Chmiel, Mayor YES NO ABSENT 1 1 1 1 1 1 CITY OF CHANHASSEN I CARVER AND HENNEPIN COUNTIES, MINNESOTA SUMMARY ORDINANCE NO. 1 The ordinance establishes a procedure by which peddlers, solicitors, and transient I merchants must register with the City to conduct their business in Chanhassen. The ordinance also gives property owners and businesses the option of posting a notice prohibiting peddlers, solicitors, and transient merchants from approaching the property, or I distributing handbills, circulars, and advertising materials. The fee for registration has been established by resolution at $25.00 per individual. I Passed and adopted by the Chanhassen City Council on this day of 1993. I Don Ashworth City Clerk /Manager 1 (Published in the Chanhassen Villager on , 1993) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1