1h. City Code, Solicitor Licenses s
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CITYOF CHANHASSEN
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690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
T (612) 937-1900
MEMORANDUM
' TO: Don Ashworth, City Manager
FROM: Jim Chaffee, Public Safety Director
DATE: September 8 , 1988
SUBJ: Solicitor' s Ordinance
Please find attached a revised Solicitors Ordinance as written by
our City Attorney in response to the concerns expressed by the
Council at their meeting on August 22 , 1988 .
' RECOMMENDATION
It is staff' s recommendation to adopt the proposed Solicitor' s
Ordinance as presented with the included changes from the City
Attorney [ Section 10-142 Exemptions (A) ] .
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LAW OFFICES
GRANNIS, GRANNIS, FARRELL& KNUTSON
DAVID L.GRANNIS- 1874-1961 PROFESSIONAL ASSOCIATION TELECOPIER.
DAVID L. GRANNIS,JR.- 1910-1980 POST OFFICE Box 57 (612)455 2359
VANCE B.GRANNIS 403 NORWEST BANK BUILDING DAVID L.1-IARMEYER
VANCE B. GRANNIS,JR. ELLIOTT B.KNETSCH
PATRICK A. FARRELL 161 NORTH CONCORD EXCHANGE MICHAEL J.MAYER
DAVID L.GRANNIS,III SOUTH ST PAUL, MINNESOTA 55075 TIMOTHY J.BERG
ROGER N.KNUTSON
TELEPHONE(612)455-1661
August 26, 1988
Mr. Jim Chaffee
Public Safety Director
Chanhassen City Hall
690 Coulter Drive, Box 147
Chanhassen, Minnesota 55317
RE: Solicitors Ordinance
Dear Jim:
Enclosed is the revised ordinance. The exemption for real
estate and insurance sales is contained in paragraph 10-142 (a) .
The ordinance cannot exempt "in-town" businesses from the
ordinance because to do so would violate the Interstate Commerce
clause.
Very truly ours,
Gee► ► , GRANNIS, FARRELL
& KNo' ON, P.A.._.__ = _
� .ger N. Knutson
RNK:srn
Enclosure
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AUG 29 1988 I
ft` OF CHANk-.ASSEf4
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' CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
' ORDINANCE NO.
' AN ORDINANCE AMENDING CHAPTER 10, ARTICLE IV
OF THE CHANHASSEN CITY CODE REGULATING 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 by deleting it in its entirety and replacing it with the
following:
' ARTICLE IV.
PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS
10-141. DEFINITIONS. When used in this Article, the following terms
' have the following meanings:
(a) "Peddler" means any person who goes from place to place,
or from street to street, making sales and delivering
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,
or from street to street, soliciting or taking or
attempting to take orders for sale of goods or
merchandise, including magazines, books, or personal
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,
motor vehicle, hotel room, or other place within the City
for the primary purpose of exhibiting samples and taking
orders for future delivery.
(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
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
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
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,
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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.
10-142 . EXEMPTIONS.
(a) Exemptions. This ordinance does not apply to state
licensed real estate brokers and salespersons buying or
selling real estate, nor to state licensed insurance
agents selling insurance, nor to persons selling personal
property at wholesale to dealers in such articles, nor to
newspaper sellers, nor to the acts of 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 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
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. ,
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.
10-144. LICENSE APPLICATION. '
(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.
(b) State License. The applicant shall file evidence of a
license under Minnesota Statutes, Chapter 329, with the
City Clerk.
(c) Application Fee. At the time of filing an application for
a license, the applicant shall pay a fee in an amount to
be determined by City Council resolution.
10-145. INVESTIGATION AND ISSUANCE OF LICENSE. '
(a) Investigation. Upon the receipt of an application, the
City shall conduct a criminal history investigation. '
(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
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' applicant that his application is disapproved and that no
license shall be issued.
(c) Approval and Issuance of License. If as a result of such
investigation there are no grounds to deny the license,
the Public Safety Director shall endorse on the
' 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
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
one year.
10-146. RELIGIOUS AND CHARITABLE ORGANIZATIONS. Any organization
' 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
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
' 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.
10-147. LOUD NOISES AND SPEARING DEVICES. No licensee shall shout,
' blow a horn, ring a bell, or use any sound amplifying device
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.
' 10-148. REVOCATION OF LICENSE.
' (a) Causes for Revocation. Licenses issued under the
provisions of this ordinance may be revoked by the City
Council after notice and hearing, for any of the following
causes:
(1) Fraud, misrepresentation, or incorrect statement
contained in the license application or made in the
course of carrying on his business;
(2) Any violation of this ordinance;
' (3) Conducting the business of peddler, solicitor, or
transient merchant 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.
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(b) Hearing. Notice of the hearing for revocation of a
license shall be given by the City Clerk in writing,
setting forth specifically the grounds of complaint and
the time ad place of hearing.
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. '
10-150. VIOLATIONS. Anyone who violates any provision of this
ordinance shall be guilty of a misdemeanor.
Section 2 . This ordinance shall take effect immediately upon
its passage and publication. '
ADOPTED by the City Council of the City of Chanhassen this '
day of , 1988.
CITY OF CHANHASSEN
BY:
Thomas L. Hamilton, Mayor '
ATTEST:
Don Ashworth, Manager/Clerk
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City Council Meeting - August 22, 1988
IMayor Hamilton called the public hearing to order.
Mayor Hamilton: Does anyone have questions on this? This I suspect will be
closely supervised by yourself?
Councilman Geving moved, Councilman Johnson seconded to close the public
I hearing. All voted in favor and the motion carried. The public hearing was
closed.
I Mayor Hamilton moved, Councilman Johnson seconded to approve the proposed
amendment to the City Code authorizing non-licensed personnel to issue
citations. All voted in favor and the motion carried.
PUBLIC HEARING: PROPOSED AMENDMENT TO CITY CODE REGARDING SOLICITORS LICENSES.
'i\ Mayor Hamilton called the public hearing to order.
Councilman Geving moved, Councilman Johnson seconded to close the public
II hearing. All voted in favor and the motion carried. The public hearing was
closed.
Mayor Hamiton: I would move approval of the proposed amendment to the City Code
Iregarding solicitors licenses.
Councilman Johnson: Second.
I _ Councilman Geving: There's a couple of comments that I want to make. First of
all I think that we have to arrive at some kind of a fee at some point in time
under 10-144 and whether or not these fees are transferable. They're on a one
I time fee. They're good for one year and some of the details that are necessary
to bring this into operation. Then I feel that under the investigation issuance
of a license, we need some kind of a manageable but restrictive type of an
II operation so that anybody who comes up to City Hall can't just get a permit. I
get the impression here based on 10-145 that there is, upon receipt of the
application the City shall conduct a criminal history investigation and it just
II seems like boy, we're getting into a big operation here and going to take a lot
of man power to manage the application and processing of these permits. I hope
that's not the case and yet we want them to be fairly restrictive. Then under
(c) under the same item 10-145 is it issued for one year automatic renewal?
I Does it come back for the City Council? Is it handled by staff at that point?
Some of those, just administrative type items and then most importantly, if we
do pass this tonight, I would hope that every citizen is able to read in the
I newspapers, the Sailor, in the South Shore News, the Villager, just what their
responsibility is if they see a peddler come to their door and is a firewood
salesmen or is a candy salesmen and to make sure that these people are in fact
I licensed people by the City. They have a license. They are out there
legitimately so we can cut down on, if this is what our ordinance is intended to
do, to cut down on the people that peddle and go from door to door, then let's
instruct our people, our citizens so that they know when they have people
knocking on the door, that they have a real legitimate right to ask them, do you
have a license? Show me your license and if not I'll call the Public Safety.
4 So I want to make sure that that gets highly publicized with all the
Chanhassen. That's all I have to say. people in
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-City Council Meeting - August 22, 1988
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Bernie: Does this ordinance require then require to have a license for all
insurance agents, real estate agents and so forth? If so. ..
Mayor Hamilton: Real estate are already licensed by the State. That's not the
intent of the ordinance to cause those people to have to be licensed by the
City. That's a legitimate occupation that people are involved in. What we're
looking at are those people who are selling fish door to door or wood. Things
like that that you don't know exactly what you're going to get. People standing
on the street corners selling these paintings and wrenches and those types of
things. They come into town, you don't know what you're getting and the chances
are the consumer is going to get ripped off. That's what the intent of this
ordinance is.
Bernie: It would exclude then ,
people licensed by the State of Minnesota? Real
estate and insurance agents?
Councilman Horn: Not the way it's written.
Councilman Geving: It doesn't say that Bernie. '
Councilman Boyt: We can change it.
Councilman Johnson: Why?
Councilman Boyt: People licensed by the State?
Councilman Johnson: Why do we want real estate agents, insurance agents coming
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to our door, knocking on our door saying I'm a licensed insurance agent and he
walks up unannounced to your door and tries to sell you insurance. I want him
licensed just as much as anybody else. Anybody can get a license to be a real
estate agent or insurance agent. All they have to do is pass the test.
Councilman Geving: I disagree. '
Councilman Johnson: How many real estate agents or insurance agents have you
had walk up to your door, unannounced? This is only unannounced people. If
he's got an appointment, he does not need to be licensed. If you are working
with that real estate agent or if that is your insurance agent, he does not have
to get a license to come to your house. Only if he is going around soliciting
new business, walking door to door such as the chiropracter that was walking
around the other day in the neighborhood or claiming to be a chiropracter and
saying he's coming around looking at Chanhassen for future, putting a clinic in
door to door.
Councilman Horn: Or the Girl Scouts.
Councilman Johnson: The Girl Scout organization as an organization is covered
in here. Churches.
Councilman Horn: Or the fireman selling tickets.
Councilman Johnson: Or the fireman selling tickets.
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City Council Meeting - August 22, 1988
Councilman Horn: They don't have o
Y to be licensed?
' J Councilman Johnson: As an organization. The Fire Department would have to be
licensed per se. Not the individual. There's an exclusion in here for
organizations.
Mayor Hamilton: I couldn't disagree with you more. We're talking about
legitimate...
' Councilman Johnson: How do you know a legitimate from a non-legitimate real
estate agent?
' Mayor Hamilton: You ask them for their card. You obviously know the company.
If the guy's working out of the trunk of his car, you'd better tell him to hit
the road. Those are the people you want to have licensed. I've never had an
insurance or real estate person come to my door, ever.
Councilman Johnson: Neither have I.
' Mayor Hamilton: If we're starting to hammer the legitimate business people in
this community, then we've got a real problem.
' Councilman Johnson: What legitimate real estate agent goes door to door
looking, do you want to sell your house? I want to sell your house?
Mayor Hamilton: That's very legitimate. You're out seeking business. We do
that in your neighborhood all the time.
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Councilman Johnson: Walking door to door?
' Mayor Hamilton: You bet your butt.
' Councilman Johnson: You can do your mass mailings.. .
Councilman Boyt: If I can amend item a, we amend item a to say, or others
licensed by the State of Minnesota.
' Councilman Horn: I would suggest that we give our intent to the Attorney
let him redo the whole thing. and
' Councilman Boyt: I think our intent is to have some means of control. If the
State is licensing these people, there's a means to control. If the State isn't
licensing them, then what we're saying is we want to do that for their
t organization so we have some means of control. It seems pretty straight
forward.
' Councilman Horn: I'm uncomfortable that this all states that.
Councilman Geving: I think Clark's idea was a good one. I think that we could
pass this, give it to the Attorney and let them clean it up. There's a lot more
items I think that need to be included in the charitable and business
organizations and those that are to be excluded from our intent. There's
nothing in here that says anything about public or private school children for
example and they are the ones in your neighborhood all the time. I think there
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City Council Meeting - August 22, 1988
could be some additions made here.
Councilman Boyt: I would then move that we table this to our Attorney. I don't
think we should pass anything before we see the final version.
Mayor Hamilton: I'll second your motion.
Councilman Boyt moved, Mayor Hamilton seconded to table action on the amendment
to the City Code regarding solicitors licenses to the City Attorney. All voted
in favor and the motion carried. •
ASSUMPTION SEMINARY TIMETABLE FOR SECURING THE BUILDINGS ON THE PROPERTY. ,
Mayor Hamilton: Scott's not here. I guess this is pretty self explanatory.
Again, there are a number of items that Jim and Scott have been working on to
try to get this property secured. Anyone have any questions or comments or need
more information about it?
Councilman Boyt: I have one. I noticed that Mr. Harr had mentioned that maybe
boarding up the first floor might be enough. Since your initial intent was to
board the whole thing, would you be open to maybe just being sure that the first
floor is completely sealed?
Mayor Hamilton: You can get in there. All the windows are broken. Everything
is open so my thought was, if it's totally dark in there, kids aren't going to
go in there. You can't see your hand in front of your face. It's not a safe
place. I just thought the whole thing should be totally closed up. You have —
rodents in there and birds and everything else going in and out of the windows. '
Councilman Boyt: They are putting in a security system and Harr did mention it
would be nice when they go in to inspect if there was some natural light in
there. The first floor, they're going to have to be pretty determined to get
in. Not that they can't but if they're that determined, they can also pull a
board off.
Mayor Hamilton: I don't know if they could. The way they're nailed on there,
it'd be tough. I was just looking for total security because the place is a
real hazard and if kids get in there, there are open dumb waiter shafts that
they could fall down. There are so many things in there that could cause
injury. If we can keep anybody out of there, it'd be the best thing to do.
Councilman Johnson: How about to the satisfaction of our Safety professionals?
Mayor Hamilton: That's fine. I guess if Jim and Scott are happy with the first
floor or whatever they can work out with the guy, if they think that that is
going to be secure the building adequately, then that's fine with me.
Councilman Boyt: I would so move.
Councilman Horn: Second.
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