E-3. City Code Amendment re: Solicitors and Peddler LicensesCITY OF
CHMEMSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone. 952.227.1130
Fax: 952.227.1110
Public Works
7901 Park Place
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone. 952.227.1125
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM: Laurie Hokkanen, Assistant City Manager
DATE: May 27, 2014
SUBJ: Updates Related to Solicitors and Peddlers Permits
and City Code
PROPOSED MOTION
"The City Council adopts an ordinance amending Chapter 10 of the
Chanhassen City Code Concerning Peddlers, Solicitors, and Transient
Merchants."
A simple majority vote is required for approval.
BACKGROUND
At the April 28 meeting, we discussed amending the City Code relating to the
regulation of solicitors. The code amendments are attached for approval.
The following changes are included:
Eliminate the $25 fee and $25 deposit for all applicants. Federal law
does not allow solicitors to be charged a fee. Very few applications
are received from peddlers currently, and the elimination of the fee
will streamline the process and avoid disagreements about who
qualifies as a solicitor versus a peddler.
o The City will continue conducting background checks on all
for - profit applicants.
Add a requirement that the ID badge must be returned within 10 days
of expiration. Failure to return the badge would result in denial of the
permit for the following year. This badge return requirement reduces
the potential for fraud and gives the City /CCSO the opportunity to
follow -up on any complaints with the permit holder.
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
Mr. Todd Gerhardt
May 27, 2014
Page 2
• Reduces threshold on theft as a reason for denial to any misdemeanor
theft in the past five years. Misdemeanor theft includes all offenses up
to $500.
• Require permit holders to carry a driver's license or State /Federal ID
at all times while soliciting. Failure to do so will result in the
revocation of the permit. This will aid the CCSO in addressing any
complaints and save them the trouble of taking the individual to the
Courthouse for identification by fingerprinting.
• Specifically states that soliciting prior to issuance of permit is grounds
for denial of the application for that year.
Lastly, staff will provide work direction to the CCSO that individuals who
solicit without a permit should be ticketed as a violation of city ordinance.
The following is a summary of recorded complaints against solicitors:
Solicitor Complaints
Year
Soliciting Without a Permit
when a Permit is Required
Soliciting with a Permit
2010
53
13
2011
26
13
2012
24
0
RECOMMENDATION
Staff recommends approval of the City Code amendments relating to
Solicitors and Peddlers.
ATTACHMENTS
1. Ordinance Amendment
g: \admin\lh \city council\solicitor work session discussion #2.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER
10 OF THE CHANHASSEN CITY CODE
CONCERNING PEDDLERS, SOLICITORS
AND TRANSIENT MERCHANTS
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA
ORDAINS:
SECTION 1. Section 10 -145 of the Chanhassen City Code is repealed in its entirety
SECTION 2. Section 10 -146 of the Chanhassen City Code is amended to read:
The registrant shall also supply the information required in section 10 -144 of this article
for all persons working for or assisting the registrant for each person.
SECTION 3. Section 10 -147 of the Chanhassen City Code is amended to read:
(a) T Tpon registration, the city shall issue a photo Wentification card, which shall be
visibly displayed by the person(s) engaged in such activity. The photo identification
card must be returned to the City within 10 days of the expiration date. Failure to
return the photo identification card within 10 days of expiration shall be grounds for
denial of a permit for the following 365 days.
(b) The permit holder must have in their possession at times while engaging in soliciting,
a state or federal ID, such as a Drivers License or passport.
SECTION 4. Section 10 -149 of the Chanhassen City Code is amended to read:
Registrations expirations shall be set by the Permit Technician based upon the planned
solicitation, but shall expire no later than December 31 after their issue.
SECTION 5. Section 10 -149.2 of the Chanhassen City Code is amended to read_
(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.
(2) Fraud, misrepresentation, or false statement made in the course of carrying on
his or her activity.
(3) Any violation of this article.
(4) A criminal conviction that is directly related to the occupation or business
licensed as defined by M.S. § 364.03, subd. 2, provided that the registrant or
applicant cannot show competent evidence of sufficient rehabilitation and present
fitness to perform the duties of the licensed occupation or business as defined by
M.S. § 364.03, subd. 3.
a. There is a presumption that the following offenses are directly related
and that the rehabilitation period is ten years from the completion of the
sentence for the offense:
[711
Homicide
Robbery (including simple robbery)
Assault (1st, 2nd, 3rd, 4th degrees)
Criminal sexual assault (including fifth degree)
Solicitation of children to engage in sexual conduct
Kidnapping
False imprisonment
There is a presumption that the following offenses are directly
related and that the rehabilitation period is five years from the
completion of the sentence for the offense:
Burglary
Theft (misdemeanor and above)
Possession of stolen property
Identify theft
Mail theft
Motor vehicle tampering
Embezzlement
Possession of code grabbing devices
Burglary and theft tools
Forgery
Aggravated forgery
Obtaining signature by false pretense
Interference with privacy
Stalking
Racketeering
Coercion
Deceptive or unfair trade practices elderly or handicapped victims
Prostitution
(5) Conducting the business in an unlawful manner or in such a manner as to
constitute a breach of the peace or to constitute a menace to the health, safety, or
general welfare of the public.
(b) A registration shall be denied or revoked by the city clerk/manager, preceded by
written notion and an opportunity to be heard, if any of the conduct listed in subsection
(a) of this section shall occur.
SECTION 2. This ordinance shall be effective immediately upon its passage and
publication.
PASSED AND ADOPTED this day of , 2014, by the City
Council of the City of Chanhassen, Minnesota.
ATTEST:
Todd Gerhardt, City Manager
Thomas A. Furlong, Mayor
(Published in the Chanhassen Villager on , 2014).