E Solicitor Ordinance
CITY OF
CHANHASSEN
7700 Market Boulevara
PO Box 147
Chaohassen, MN55317
Administration
Phone: 952.2271100
fax: 952.2271110
Building Inspections
Phone: 952.227.11BO
fax: 952.2271190
Engineering
Phoce:9522271160
fax: 952.2271170
Finance
Phone: 952.2271140
Fax: 952.2271110
Park & Recreation
Phone: 952.227.1120
fax 952.2271110
Recreation Center
2310 Coulter Boulevara
Phone: 952.2271400
fax: 952.2271404
Planning &
Natural Resources
Phone: 952.227.1130
fax: 952.2271110
Public Works
1591 Park Roaa
Phone 952.2271300
fax: 952227.1310
Senior Center
Phone 952.2271125
fax: 952.2271110
WebSile
www.ci.chanhassen.mn.lJs
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MEMORANDUM
TO:
Todd Gerhardt, City Manager
FROM:
Justin Miller, Assistant City Manager:) ¡II'-
June I, 2005 ~
DATE:
RE:
Solicitor Permitting Ordinance Amendments
BACKGROUND
Currently the City of Chanhassen requires solicitors going door-to-door to apply
for a license with the city. The permitting process calls for a background check
and a $25 deposit for a photo badge that proves to residents that they have
registered with the City. Some groups are exempt from being required to receive
a license, and they are:
. Children, age 17 or younger, soliciting for school sponsored
activities
. Religious, charitable, or nonprofit organizations
Recently, staff has become aware of several issues that we believe need to be
addressed. Legal counsel has informed us that solicitors are protected under the
interstate commerce clause of the United States Constitution and are only able to
be regulated by the United State Congress. Therefore, local regulations cannot
charge a fee upon solicitors. It should be noted that there is a difference between
peddlers and solicitors. Peddlers actually have the item they are selling on them
when they approach a resident. These people can be charged a registration fee,
and the current city code does call for such a registration.
Another issue that has been raised is that while we perform background checks on
those who are required to obtain a license, current ordinance does not allow the
City to deny a license based on prior offenses. If an offense occurs while the
person has a City of Chanhassen license, then it can be revoked. However, any
prior offenses cannot be used to deny a current application.
And finally, staff has received complaints regarding the time of day that solicitors
are allowed to be in the City. Current ordinance prohibits any solicitation
between the hours of 9:00 pm and 9:00 am.
Staff surveyed surrounding cities and found a difference in how each of them
approach this topic:
. City of Minnetonka: All non-profits must register and undergo
background check, but there is no charge for the permit. For-profits must
show photo ID or drivers license when applying and undergo a
background check. $50 per company and $50 per person for permit.
The City 01 Chanhassen . A growing community with clean lakes, Quality schools, a charming aowntown, thriving bUSinesses, winaing lrails, ana beaulilui parks. A great place to live. work, ana play.
\::
. City of Chaska: Profit and non-profit need photo ID or drivers license,
register with the city and undergo a background check - everyone receives
a permit at no charge.
· City of Edina: (free-for-all) - no registration required; no permit/license
issued.
· City of Shakopee: All solicitors must provide names and info of company,
no background check, no permit issued.
· Bloomington: everyone must register, undergo a background check, and
pay a $25.00 per person for a 6 month permit.
RECOMMENDATION
Staff and legal counsel have discussed these issues and recommend that the
following ordinance amendments be made:
. Law enforcement, city staff and the city attorney will put together a list of
offenses that are believed to be worthwhile of a denial of license. This list
will also include a timeframe relating to the offenses so that solicitors have
a reasonable opportunity to conduct their business.
. The allowable time to conduct business should be changed from 9:00 am -
9:00 pm to 9:00 am - 8:00 pm.
Staff spent a considerable amount of time educating the public about the
current solicitor permitting system. This new system will require another
round of public education, and if these amendments are adopted staff will
make a concerted effort to notify the public of the changes.
Staff plans on having a draft ordinance available for the Council on Monday.
If the City Council is comfortable in proceeding, staff will place the
appropriate code amendments on the June 27th City Council meeting.