1b App Amend to City Code/Solicitors
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone 952.2271100
Fax 952.227.1110
Building Inspections
Phone 952.2271180
Fax 952.227.1190
Engineering
Phone 952.227.1160
Fax 952.2271170
Finance
Phone 952.2271140
Fax 952.2271110
Park & Recreation
Phone 952.2271120
Fax 952.2271110
Recreation Center
2310 Coulter Boulevard
Phone 952.2271400
Fax 952.2271404
Planning &
Natural Resources
Phone 952.227.1130
Fax 952.2271110
Public Works
1591 Park Road
Phone 952.2271300
Fax 952.2271310
Senior Center
Phone 952.2271125
Fax 952.2271110
Web Site
www.ci.chanhassen.mn.us
~b
MEMORANDUM
TO:
Todd Gerhardt, City Manager
FROM:
Justin Miller, Assistant City Manager.,-./'
June 14, 2005 O~.
DATE:
RE:
Solicitor Ordinance Amendment
BACKGROUND
Recently, staff has become aware of several issues regarding door-to-door
solicitors 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.
To remedy these issues, staff and legal counsel have drafted an ordinance
amendment that makes some revisions to the current city code. In summary, the
changes are:
. Solicitors are exempt from paying the registration fee, but must go
through the registration process
. A photo ill must be presented when registering
. Hours of operation change from 9:00 am - 9:00 pm to 9:00 am -
8:00 pm
. In performing the background check on persons wanting a permit,
certain crimes committed within the past five or ten years (see
attached ordinance for specific offenses) will disqualify them from
obtaining the license. The five and ten year period is based upon
completion of the sentence for the crime committed.
The City of Chanhassen . A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live. work, ami play
Staff and the City Council reviewed these proposed changes during the June 13th
work session and the attached ordinance takes into account suggestions that were
raised at that time.
RECOMMENDATION
Staff recommends that the Chanhassen City Council approve the attached
ordinance amending Chapter 10, Article IV of the Chanhassen City Code
concerning peddlers, solicitors, and transient merchants. This action requires a
majority of the city council to be approved.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 10, ARTICLE IV
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 amended to provide as
follows:
At the time of registration, the person registering shall pay a fee to cover the administrative
costs of processing and investigation. The fee shall be for each individual registering and
carrying on such activity. The fee shall be in an amount determined by city council
resolution. Solicitors are exempt from the payment of the fee.
SECTION 2. Section 10-147 of the Chanhassen City Code is amended to provide as
follows:
Upon registration, the city shall issue a photo identification card, which shall be visibly
displayed by the person(s) engaged in such activity.
SECTION 3. Section 1O-148(d) of the Chanhassen City Code is amended to provide as
follows:
(d) No peddler, solicitor, or transient merchant shall enter upon any residential or
business premises for the purpose of carrying on his trade or business between the hours of
8:00 p.m. and 9:00 a.m. of the following day unless such person has been expressly invited
to do so by the owner or occupant thereof.
SECTION 4. Section 1O-149.2(a)(4) of the Chanhassen City Code is amended to provide
as follows:
(4) A criminal conviction that is directly related to the occupation or business licensed
as defined by Minnesota Statutes, Section 364.03, subdivision 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 Minnesota
Statutes, Section 364.03, subdivision 3.
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1
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:
Homicide
Robbery (including simple robbery)
Assault (1 st, 2nd, 3rd, 4th degrees)
Criminal Sexual Assault (including fifth degree)
Solicitation of children to engage in sexual conduct
Kidnapping
False Imprisonment
b. 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 (gross 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
SECTION 5. This ordinance shall be effective immediately upon its passage.
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2
PASSED AND ADOPTED this
of the City of Chanhassen, Minnesota.
day of
,2005, by the City Council
A TIEST:
Todd Gerhardt, City Manager
Thomas A. Furlong, Mayor
(Published in the Chanhassen Villager on
, 2005).
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3
LICENSES, PERMITS, BUSINESS REGULATIONS
~ 10-143
Sec. 10-82. Revocation of license.
Following written notice and an opportunity for a hearing, the city manager or hislher
designee may revoke a license for violation of this article or state law concerning the sale, use
or possession of fireworks. If a license is revoked, neither the applicant nor the licensed
premises may obtain a license for 12 months. If the city manager or hislher designee revokes
a license, the license holder may within ten days appeal the decision to the city council.
(Ord. No. 337, ~ 1,5-22-02)
Sees. 10-83-10-140. Reserved.
ARTICLE ~ PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS*
Sec. 10-141. Reserved.
Editor's note-Ord. No. 371, ~ 9, adopted Apr. 12,2004, repealed ~ 10-141, which pertained
to defmitions and derived from Ord. No. 186, ~ 1, adopted May 24, 1993. See ~ 1-2 for
definitions.
Sec. 10-142. Registration required.
It unlawful for any peddler, solicitor, or transient merchant to engage in any such activity
within the city without first registering with the city in compliance with the provisions of this
article. Any transient merchant, peddler, or solicitor registering in the city must show proof
that such person is licensed for such occupation under the provisions of M.S. ch. 329, as
amended. Registration does not exempt compliance with other applicable local, state, and
federal laws, including the zoning regulations.
(Ord. No. 186, ~ 1,5-24-93; Ord. No. 371, ~ 10,4-12-04)
Sec. 10-143. Exemptions.
The registration requirements of this article do not apply to:
(1) Persons selling products of the farm or garden, including Christmas trees and flowers
at sites approved by the city manager or city manager's designee considering vehicular
traveling speeds, turning movement, available parking, and other public safety
considerations;
(2) Children, age 17 or younger, soliciting for school sponsored activities;
*Editor's note-Section 1 of Ord. No. 186, adopted May 24, 1993, amended Art. IV in its
entirety and designated provisions as ~~ 10-141-10-151. In order to avoid duplication of
section numbers, the provisions of the ordinance originally designated as ~~ 10-150 and 10-151
have been redesignated by the editor as ~~ 10-149.1 and 10-149.2, respectively. Prior to
amendment, Art. IV consisted of ~~ 10-141 and 10-142 which bore no history notes.
State law references-Peddlers and transient merchants, M.S. ~ 329.095 et seq.;
authority of city to restrain, license or regulate hawkers, peddlers, etc., M.S. ~ 412.221, subd.
19; authority to regulate transient merchants, M.S. ~ 437.02.
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~ 10-143
CHANHASSEN CITY CODE
~~)
/
(3) Residents selling personal property from their residence for no more than three days
per year (such as a "garage sale,"); or
(4) Religious, charitable, or nonprofit organizations.
(Ord. No. 186, ~ 1,5-24-93; Ord. No. 298, ~ 2, 2-14-00; Ord. No. 371, ~ 11,4-12-04)
Sec. 10-144. Registration form.
Persons registering under this article shall file with the city a written statement on a form
to be furnished by the city. The statement shall provide:
(1) Name, date of birth, driver's license number identification, and written authorization
for necessary background checks by the city of the person registering and each
individual that will be carrying out the activity of a peddler, solicitor, or transient
merchant. While only one representative for a group need apply on behalf of the
organization, each individual that will be participating in the activity shall be required
to submit their name, date of birth, driver's license information, and written authori-
zation for the city to conduct a background check.
(2) The permanent home and business address of the applicant and, in the case of
transient merchants, the local address from which proposed sales will be made.
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(3) A description of the nature of the business and the goods to be sold, and the name and
address of the person or business from whom the goods were purchased.
(4) The length of time for which the right to do business is required.
(5) The names of at least three references who will substantiate the person's good
character and business respectability or other evidence of the good character and
business responsibility of the person registering.
(6) A statement as to whether or not the person has been convicted of any crime,
misdemeanor, or violation of any municipal ordinance, other than traffic violations, the
nature of the offense, and the punishment or penalty assessed.
(7) The two preceding cities, if any, where the person carried on his activity prior to the
current registration.
(Ord. No. 186, ~ 1,5-24-93; Ord. No. 371, ~ 12,4-12-04)
Sec. 10-145. Fee.
At the time of registration, the person registering shall pay a fee to cover the administrative
costs of processing and investigation. The fee shall be for each individual registering and
carrying on such activity. The fee shall be in an amount determined by city council resolution.
(Ord. No. 186, ~ 1, 5-24-93)
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LICENSES, PERMITS, BUSINESS REGULATIONS
~ 10-148
Sec. 10-146. Persons working for or assisting registrant.
The registrant shall also supply the information required in section 10-144 of this article for
all persons' working for or assisting the registrant and pay the fee for each person.
(Ord. No. 186, ~ 1, 5-24-93)
Sec. 10-147. Registration verification.
Upon issuance of the permit, the city shall issue an identification card upon the filing of the
properly signed and completed form, which shall be carried by the person(s) engaged in such
activity.
(Ord. No. 186, ~ 1, 5-24-93; Ord. No. 371, ~ 13, 4-12-04)
Sec. 10-148. Practices prohibited.
(a) No peddler, solicitor, or transient merchant shall call attention to his business or to his
merchandise by crying out, by blowing a horn, or by ringing a bell or other noise so as to be
audible within the confines of an enclosed dwelling structure, or otherwise in violation of city
ordinances pertaining to noise or other nuisances.
(b) Peddlers and solicitors may be prohibited by placard. Any resident of a dwelling unit or
business employee in the city who wishes to exclude peddlers, solicitors, or transient
merchants from the dwelling unit occupied by the resident or business, may place upon or near
the usual entrance to the dwelling or business a printed placard or sign bearing the following
notice: "Peddlers and Solicitors Prohibited." The placard or sign shall be at least three and
three-quarters inches long and three and three-quarters inches wide and the printing shall not
be smaller than forty-eight-point type. No peddler or solicitor shall enter upon any premises,
ring any doorbell, or knock on any door where a placard or sign is posted, unless the peddler
or solicitor has been previously invited by the resident of the dwelling unit.
No person other than the dwelling unit's occupant, or authorized employee of the business
shall remove, injure or deface the placard sign.
(c) Any resident or employee of a business in the city who wishes to exclude the deposit of
advertising handbills, advertising circulars and other advertising materials from the premises
occupied by the resident or the place of business may place upon or near the front entrance to
the premises a printed placard or sign bearing the following notice: "Depositing of Handbills,
Circulars, Advertising Material Prohibited." The placard or sign shall be at least three and
three-quarters inches long and three and three-quarters inches wide and the printing shall not
be smaller than forty-eight-point type.
No person other than the person occupying the premises or authorized employee of the
business shall remove, injure or deface the placard or sign.
No person shall enter upon any premises where such a sign or placard is placed and deposit
any advertising handbills, advertising circulars or other advertising material.
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~ 10-148
CHANHASSEN CITY CODE
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(d) No peddler, solicitor, or transient merchant shall enter upon any residential or business
premises for the purpose of carrying on his trade or business between the hours of 9:00 p.m.
and 9:00 a.m. of the following day unless such person has been expressly invited to do so by the
owner or occupant thereof.
(e) Peddlers, such as ice cream sales, that sell from a motor vehicle where the customer
comes to the motor vehicle to make a purchase may not solicit sales on public or private streets,
roads or highways, or any other roadways.
(Ord. No. 186, ~ 1, 5-24-93; Ord. No. 371, ~ 14, 4-12-04)
Sec. 10-149. Registration period.
Registration shall be valid only for the calendar year. All registrations shall expire on
December 31 after their issue. The registration fee shall remain the same throughout the year.
(Ord. No. 186, ~ 1, 5-24-93)
Sec. 10-149.1. Registration nontransferable.
A registration may not be transferred. Each peddler, solicitor, or transient merchant shall
separately register.
(Ord. No. 186, ~ 1, 5-24-93)
)
Sec. 10-149.2. Revocation or denial of registration.
(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 regis-
tration.
(2) Fraud, misrepresentation, or false statement made in the course of carrying on his or
her activity.
(3) Any violation of this article.
(4) Conviction of any felony or of a misdemeanor involving moral turpitude during the
period of registration.
(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.
(Ord. No. 186, ~ 1, 5-24-93; Ord. No. 371, ~ 15,4-12-04)
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