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<br /> p- <br /> Dorothy Person . <br /> August 3, 1993 <br /> Page 2 <br /> themselves are excluded from the transient merchant licensing <br /> provisions (M.S. S329.l4). <br /> City Councils have the power by ordinance to restrain, license <br /> and regulate auctioneers, transient merchants and dealers, hawkers, <br /> peddlers, solicitors, and canvassers (M.S. S329.l5 and S4l2.221, <br /> Subd. 19) . The state regulations which apply to transient <br /> merchants are in addition to those which are adopted by local units <br /> of government. <br /> HAWKERS AND PEDDLERS <br /> The terms "hawkers" or "peddlers" are not defined by state <br /> regulations. However, those terms have generally been interpreted <br /> by the Minnesota Supreme Court. A hawker or a peddler is a person <br /> who does not have a fixed place of business; travels from place to <br /> place; carries the goods offered for sale and not merely samples <br /> thereof; sells merchandise at the time it is offered for sale and <br /> does not merely enter into a executory contract for future sales; <br /> delivers goods then and there; and makes sales to consumers and not <br /> dealers. A person who is engaged in the business of a hawker or a <br /> peddler must obtain a license from the Ramsey County Auditor (M.S. . <br /> S329.02 and S329.03). The applicant is required to pay a fee but <br /> is not required to post a bond (M.S. S329. 04). <br /> As in the case of transient merchants, certain activities of <br /> hawkers and peddlers are exempt from the licensing requirement. <br /> People who sell or peddle the products of a farm or garden occupied <br /> and cultivated by themselves are not required to obtain county <br /> licenses (M.S. S329.08). <br /> Cities also have the right to regulate the business of hawking <br /> and peddling (M.S. S329.06 and S412.22l, Subd. 19) . The state <br /> regulations are in addition to any of those adopted by a local unit <br /> of government. <br /> CITY CODE <br /> The activities observed in Arden Hills from time to time which <br /> seem to fit within the state definitions of transient merchant, <br /> hawker or peddler, consist of individuals or corporations selling <br /> merchandise on corner lots; or from temporarily rented'space; or by <br /> traveling door-to-door. Sales on outdoor lots by transient <br /> merchants fit the City's definition of an open sales lot. An open <br /> sales lot is land used or occupied for the purpose of buying and <br /> selling goods, materials or merchandise, and for the storing of the <br /> same under the open sky prior to sale (AH Zoning Ordinance Section <br /> I(D)(105). Open sales lots are not listed as a permitted or special . <br /> use in the Arden Hills Code. However, pursuant to Section <br />