1s. Consider Amendment to City Code Regarding Soliciting I .
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CITYOF is
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\ CHANHASSEN
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� 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
Action by City AdministrstOCr
IMEMORANDUM ildrr,P4 -_______
TO: Don Ashworth, City Manager
IFROM: Jim Chaffee, Public Safety Director ,;i7e`'‘3 -� `- „
IDATE: July 20, 1988 :)pte '_`M''.`'' , ` ,_ '
SUBJ: Solicitor' s Permit Code Amendment, First Reading
1 Please find attached a re-draft of the old Green River Ordinance
No. 49 (Ordinance Regulating Peddlers , Solicitors, Etc. ) , which
I 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-
tmit procedure.
This new amendment combines the old ordinance with the new,
simplifying the former, and expanding on the latter.
11 Recommendation
I 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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MN
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
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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, I
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Imerchant, 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
be determined by City Council resolution.
I10-145. INVESTIGATION AND ISSUANCE OF LICENSE.
I (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
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
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 SPEAKING 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.
(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.
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I10-149. 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.
CITY OF CHANHASSEN
I BY:
Thomas L. Hamilton, Mayor
IATTEST:
IDon Ashworth, Manager/Clerk
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