7. Amendment to City Code regarding Solicitors Licenses CITYOF ,....
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CHANHASSEN
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690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
�y ° ' (612) 937-1900
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MEMORANDUM r ✓ 0-
ITO: Don Ashworth, City Manager
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IFROM: Jim Chaffee, Public Safety Director Ns
DATE: August 15 , 1988 -- -
ISUBJ: Solicitors Permit Code Amendment , Public Hearing ��ia48 -�
I At the July 25 , 1988 Council meeting the solicitors permit code
amendment first reading was presented to the City Council. At
that time, questions were raised mainly centering around who was
I required to get permits and if, in fact , staff could handle the
sudden onslaught of permit requests. I pointed out at the
Council meeting that the proposed amendment is almost exactly
what was on the books for many years prior to the new codifica-
I tion. We had not been inundated with permit requests and do not
expect to now.
I The intent of the ordinance is to allow the City to have a
measure of control over door-to-door or transient merchants. It
also enables the City to know who is going door-to-door.
IOur experience has shown that door-to-door solicitors or sales
people are indeed bothersome to a large portion of the populace.
Although we cannot strictly prohibit all door-to-door
I salespeople, we can and should be able to at least know who is
working within the City limits. Based on historical records we
feel relatively certain that we will not be swamped with permit
Irequests and that we can carry on business as usual.
This amendment is intended to control such activities as ice
cream trucks emitting loud audible devices to attract customers,
I firewood sellers from Little Falls, and "Moonies" setting up
activities at street corners . In the years the old ordinance was
in effect I am unaware of complaints from business owners or
Iapplicants .
Recommendation
IIt is staff ' s recommendation to approve the ordinance amending
Chapter 10 , Article 4 of the Chanhassen City Code regulating
peddlers , solicitors and transient merchants as provided herein.
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City Council Meeting - July 25, 1988 a
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1(R) ZONING ORDINANCE AMENDMENT TO AMEND SECTIONS 20-295, 20-715, 20-774,
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20-795 AND 20-815 TO PROVIDE FOR MINIMUM BUILDING AND PARKING SETBACKS FOR LOTS
ADJACENT TO RAILROADS AND RESIDENTIAL ZONING DISTRICTS, CITY OF CHANHASSEN.
Councilman Boyt: I just want to correct the Consent Agenda so it reads the same
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way as the proposal reads on the ordinance which should include to amend Section
20-755 which was left out of our Consent Agenda item and I wanted to be sure
that that didn't cause concern in the future. That's all I have so I would move
approval. II
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Councilman Horn: Second.
Mayor Hamilton: It seems to me that this is obviously done for corner lots and II
I think that front and sideyard of 25 feet is too restrictive. I don't like the
idea of 25 feet on the sideyard on a corner lot. I don't think it's necessary. II I think there can be very good sight lines and we're certainly penalizing the
person who owns a corner lot. They've giving up a heck of a big chunk of their
property and I disagree with this ordinance completely.
Councilman Johnson: Isn't it reducing it from 30? II
Mayor Hamilton: If it is, it's still too much. I'm saying I disagree with 25 I
feet because it's too restrictive on the sideyard. The frontyard is fine but
the sideyard is too much. Any other comments?
Councilman Boyt moved, Councilman Horn seconded to approve the Zoning Ordinance
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Amendment to Amend Sections 20-295, 20-715, 20-755, 20-774, 20-795 AND 20-815 to
provide for minimum building and parking setbacks for lots adjacent to railroad
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and residential zoning districts as presented. All voted in favor except Mayor
Hamilton who opposed and the motion carried with a vote of 4 to 1.
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1(8) CONSIDER AMENDMENT TO CITY CODE REGARDING SOLICITING.
Councilman Johnson: I have a slight problem looking at the wording in here. On 1
(b) under definition of soliciter, as this defines a soliciter, I don't know if
our Carpet King or Carpet Kingdom, whatever down here, actually has stock in it
or whether it just has the samples and then orders stock out of the warehouse
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but this would, in the definition of a soliciter it's any person who for
themself or any other person occupies any other building and a few other thing,
for the purpose of exhibiting examples. Somehow we can't restrict established
businesses whose job is to have samples there.
Roger Knutson: I don't know anything about the business you're talking about
but this does not restrict them. All this says is you have to walk in and get a
simple permit.
Councilman Johnson: Do we make any other business in town get a soli.cter's
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permit?
Roger Knutson: Everyone who falls within this definition would get one. It is
not a complicated thing so we can keep track of them and it's not meant for...
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L City Council Meeting - July 25, 1988
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Councilman Johnson: Why do we have to keep track of a retail business in town?
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' Roger Knutson: A regular retail business, I don't think that is. You're
interested in someone who comes into town from time to time. You see these
notices that says come into the Holiday and pick out what I'm doing.
Councilman Johnson: Right, but this says somebody who has been here 10 years
and is going to be here another 10 years, still has to come in and get a
solicter's permit if he doesn't carry stock in his building. If he only carries
' samples in the building. I was just wondering if there was any different way to
say that. Where under exemptions somehow we can exempt that.
Mayor Hamilton: Or clarify it to say that it does not include retail
businesses. Jay's example is good that when you have a carpet retailer, their
primary stock is samples and that's what they sell from.
Councilman Johnson: They don't necessarily have to have stock.
Roger Knutson: The difficult thing is distinguishing' ng them from someone who
comes into town for a couple days and moves on. What you're concerned about, to
a certain extent is these folks never get your goods and the so called
businessman gets the check and is gone.
' Councilman Johnson: How about temporarily occupies or...
Roger Knutson: We could add something like that.
I Councilman Johnson: You're worried about a film flam man coming in and setting
up a store basically which has no product, just samples, and he may be selling
' carpeting. Maybe he goes out and he sells a whole lot of people a lot of
carpeting and never delivers any of it complete.
' Roger Knutson: Aluminum siding man. All it does is give someone a second
thought and a flam flam man...
' Councilman Johnson: They wouldn't know they have to get the permit anyway.
Roger Knutson: The con artist do.
' Mayor Hamilton: Maybe you could just think about that Roger and see how you can
word it to take care of Jay's concerns.
' Councilman Johnson: The other one, under exemptions you exempt the rules farm
garden produce and things like this. Milk, whatever, bakery goods. What about
firewood? You're always having people riding around with their pick-up truck
door to door trying to sell firewood.
Mayor Hamilton: That's probably a soli.ci.ter.
Councilman Horn: They need a permit.
Councilman Boyt: That's all they need is a permit.
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City Council Meeting - July 25, 1988 ' II
Councilman Horn: So an Avon lady needs a permit? Shakley man needs a perms t.?
Roger Knutson: That's correct.
Mayor Hamilton: If you're going door to door. You just call them.
Councilman Johnson: But if you go door to door selling vegetables, you don't
need a permit. Of course, I've never had anybody coming door to door selling
vegetables yet.
Councilman Horn: How about ice cream?
Councilman Johnson: Ice cream and they had the little bell too which this
prohibits.
Roger Knutson: All this is designed, the primary thing it's designed so your
Public Safety Department can keep track of people coming in and out of your
community and if they screw up a few things, then you can pull their permit and
say you can't do it in our community anymore. This does not guarantee you, this
is not the ultimate consumer protection ordinance that says you won't have any
people being conned. It gives us a little bit of control over the situation and
it's not onerous. It's not like you're going to charge them $1,000.00 and
they've got to come in every 30 days. It's once a year and you just come in and 1
basically it's simpler than getting any kind of permit in City Hall.
Councilman Johnson: I tell you, the people who are out selling firewood, I
don't think they're going to come in and have their police records checked and
everything else. They may not apply for the permit.
Roger Knutson: If you want to make them exempt, that's fine.
Mayor Hamilton: They're a fly by night outfit. I think I would then like to
see this, if you can make some changes to clarify it a little bit for us.
Roger Knutson: Maybe '
y you ought to table this one then so I can bring it back.
Councilman Gevi.ng: I think you ought to wait for more of the coinnents. '
Councilman Horn: Are you talking about lawn care services that come back later
and deliver? You're going to have a million people coming in here for permits
under this thing.
Roger Knutson: Not services though because this all covers, this you're taking
sales and billable merchandise. Lawn care services is a service.
Councilman Horn: Is. ..a merchandise?
Councilman Johnson: It also says service in here. Yes, under soliciter, the
last thing is, or for services to be performed in the future.
Councilman Boyt: I think the issue is, do you want to license people who are
selling in the community or don't you? If we do, that means we're going to
license a lot of legitimate business people and if we don't, that means that we
have one less means of eliminating the people who aren't. You have to decide
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City Council Meeting - July 25, 1988
what you want to do.
IiCouncilman Horn: Then it comes back at budget time we need more staff because
we're getting inundated with this and this program and that program.
' Councilman Boyt: So you don't want to do it?
Councilman Horn: I'm just saying, I think we ought to think about it. It's not
' quite as simple as it looks.
Jim Chaffee: Mr. Mayor, this ordinance is no different than the one that was on
the books all the way up until last year. With the new codification process
it's pared down to little more than a paragraph. We're just trying to have what
we used to have up until that point. Really we had it... What brought this to
our attention was the bell ringing and audible sounding devices. We started
' looking in our new code when an applicant came in with an audible sounding
device and we found that we did not prohibit it under our new code. In fact,
research found that some of the old Code was eliminated in the process of
codification.
Councilman Geving moved, Councilman Horn seconded to table amendment to the City
' �/' Code regarding Soliciation with the comments by the councilmembers be addressed
by the City Attorney and brought back to the Council at a future date. All
voted in favor and the motion carried.
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1(T) CONSIDER AMENDMENT TO CITY CODE REGARDING MOORING BOATS AND LOCATION OF
SWIMMING BEACHES.
Mayor Hamilton moved, Councilman Horn seconded to table the amendment to the
City Code regarding mooring boats and location of swimming beaches. All voted
in favor and the motion carried.
' 1(W) SITE PLAN REVIEW FOR A 25,000 SQUARE FOOT OFFICE/WAREHOUSE FACILITY, LOT
3, BLOCK 1, PARK ONE 3RD ADDITION, WAYTEK, INC..
Councilman Boyt: Under Site Plan Review, item 5, I would like to see us strike,
' it says "the applicant and contractor shall" and I think we should strike "take
utmost care in" so it would read, the applicant and contractor shall ensure the
City that the newly constructed Quattro Drive shall remain intact.
' • Councilman Geving: How about the last 3 or 4 words?
' Councilman Boyt: Yes, include those. I think we have the means of monitoring
that and we should insist. Then the other item was, about the only thing that's
going to cause noise at this location, and if you remember the item just prior
to this one, noise was quite a concern by the Eden Prairie neighbors, would be
semi-trailers. I think we should put in our conditions of approval that semi-
" trailer operation would be limited from 7:00 a.m. to 6:00 p.m. which is actually
outside of their indicated operating hours. What I want to stay away from is a
I semi pulling up at a parking lot at midnight and the motor runs all night long.
That would distract those neighbors.
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CITY OF CHANHASSEN II
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 1
AN ORDINANCE AMENDING CHAPTER 10, ARTICLE IV
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OF THE CHANHASSEN CITY CODE REGULATING PEDDLERS,
SOLICITORS, AND TRANSIENT MERCHANTS
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The City Council of the City of Chanhassen ordains:
Section 1. Chapter 10, Article IV of the Chanhassen City Code I
is amended by deleting it in its entirety and replacing it with the
following: II
ARTICLE IV. II PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS
10-141. DEFINITIONS. When used in this Article, the following terms II have the following meanings:
(a) "Peddler" means any person who goes from place to place,
or from street to street, making sales and delivering
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articles to purchasers. It does not include vendors of
groceries, newspapers, and garden produce.
(b) "Solicitor" means any person who goes from place to place, II
or from street to street, soliciting or taking or
attempting to take orders for sale of goods or
merchandise, including magazines, books, or personal
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property for future delivery, or for service to be
performed in the future. This includes any person, who,
for himself, or for another person, occupies any building, I
motor vehicle, hotel room, or other place within the City
for the primary purpose of exhibiting samples and taking
orders for future delivery.
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(c) "Transient Merchant" includes any person who engages in a
temporary business of selling and delivering goods and
merchandise within the City, and who, in furtherance of
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such purpose, occupies any building, structure, motor
vehicle, trailer, tent, hotel room, or other place within
the City for the exhibition and sale of such goods and
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merchandise, provided that such definition does not
include any person who, while occupying such temporary
location, does not sell from stock, but exhibits samples
for the purpose of securing orders for future delivery
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only. The person so engaged is relieved from complying
with the provisions of this Article merely by reason of
associating temporarily with any local dealer, trader, 1
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1 merchant, or auctioneer, or by conducting such transient
business in connection with, as a part of, or in the name
Iof any local dealer, trader, merchant, or auctioneer.
10-142. EXEMPTIONS.
I (a) Exemptions. This ordinance does not apply to persons
selling personal property at wholesale to dealers in such
articles, nor to newspaper sellers, nor to the acts of
I merchants or their employees in delivering goods in the
regular course of business. Nothing contained in this
ordinance prohibits any sale required by statute or by
I order of any court, or to prevent any person conducting a
bona fide auction sale pursuant to law.
(b) Exempt Vendors. This ordinance does not apply to
I uninvited initiatory calls made by vendors of milk,
groceries, bakery products, or other perishable
commodities for the purpose of establishing a regular
I route delivery service to regular customers; nor does this
ordinance apply to farm and garden produce vendors.
I 10-143. LICENSE REQUIRED. It is unlawful for any peddler, solicitor,
or transient merchant to engage in any such business within
the City of Chanhassen without first obtaining a license in
compliance with the provisions of this ordinance.
I10-144. LICENSE APPLICATION.
I (a) Application for License. Applicants for a license shall
file with the City Clerk a sworn written application on a
form to be furnished by the City Clerk.
I (b) State License. The applicant shall file evidence of a
license under Minnesota Statutes, Chapter 329, with the
City Clerk.
I (c) Application Fee. At the time of filing an application for
a license, the applicant shall pay a fee in an amount to
IIbe determined by City Council resolution.
10-145. INVESTIGATION AND ISSUANCE OF LICENSE.
I (a) Investigation. Upon the receipt of an application, the
City shall conduct a criminal history investigation.
I (b) Disapproval. If the applicant has been convicted of a
crime including moral turpitude, the Public Safety
Director shall endorse on such application his disapproval
and his reasons for the same and shall notify the
I applicant that his application is disapproved and that no
license shall be issued.
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(c) Approval and Issuance of License. If as a result of such II
investigation there are no grounds to deny the license,
the Public Safety Director shall endorse on the
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application his approval and return the application to the
City Clerk, who shall deliver to the applicant his
license. Each peddler, solicitor, or transient merchant
must secure an individual license. No license shall be
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used at any time by any person other than the one to whom
it is issued. The City Clerk shall keep a permanent record
of all licenses issued. Each license shall be issued for
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one year.
10-146. RELIGIOUS AND CHARITABLE ORGANIZATIONS. Any organization
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desiring to solicit money or property, or desiring to sell or
distribute literature or merchandise for which a fee is
charged or solicited from persons other than members of such
organizations for a charitable, religious, patriotic, or
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philanthropic purpose shall be exempt from the provisions of
Section 10-144 of this ordinance provided there is filed a
sworn application in writing on a form to be furnished by the II City Clerk. Upon being satisfied that such organization is a
religious, charitable, patriotic, or philanthropic
organization, the City Clerk shall issue a license without
charge to such organization.
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10-147. LOUD NOISES AND SPEAKING DEVICES. No licensee shall shout,
blow a horn, ring a bell, or use any sound amplifying device
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capable of being plainly heard upon the streets, parks, or
other public places, for the purpose of attracting attention
to anything such licensee proposes to sell.
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10-148. REVOCATION OF LICENSE.
(a) Causes for Revocation. Licenses issued under the I
provisions of this ordinance may be revoked by the City
Council after notice and hearing, for any of the following
causes:
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(1) Fraud, misrepresentation, or incorrect statement
contained in the license application or made in the II course of carrying on his business;
(2) Any violation of this ordinance;
(3) Conducting the business of peddler, solicitor, or II
transient merchant in an unlawful manner or in such a
manner as to constitute a breach of peace or to II constitute a menace to health, safety or general
welfare of the public.
(b) Hearing. Notice of the hearing for revocation of a I
license shall be given by the City Clerk in writing,
setting forth specifically the grounds of complaint and
the time ad place of hearing. I
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10-149. APPEAL. Any person aggrieved by the denial of a license may
appeal to the City Council. Such appeal shall be taken by
I filing with the Council within fourteen (14) days after notice
of the action complained of, a written statement setting forth
fully the grounds for the appeal.
I 10-150. VIOLATIONS. Anyone who violates any provision of this
ordinance shall be guilty of a misdemeanor.
ISection 2 . This ordinance shall take effect immediately upon
its passage and publication.
ADOPTED by the City Council of the City of Chanhassen this
Iday of , 1988.
ICITY OF CHANHASSEN
I BY:
Thomas L. Hamilton, Mayor
IATTEST:
IDon Ashworth, Manager/Clerk
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CITY OF Is
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\I 1/414 CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
Action. by City Administritot!
MEMORANDUMhd�r"`' v
TO: Don Ashworth, City Manager
FROM: Jim Chaffee, Public Safety Director
DATE: July 20, 1988
SUBJ: Solicitor' s Permit Code Amendment, First Reading
Please find attached a re-draft of the old Green River Ordinance
No. 49 (Ordinance Regulating Peddlers , Solicitors, Etc. ) , which
has been pared down and simplified by our City Attorney. The new
codification procedure had simplified the ordinance down to a
point where the City really had no control over the license per-
mit procedure.
This new amendment combines the old ordinance with the new,
simplifying the former, and expanding on the latter.
Recommendation
Staff recommends approval of first reading of an amendment to
Chapter 10 , Article IV, Peddlers, Solicitors , etc. , to read as
the attachment from the City Attorney indicates .
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