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<br /> . . <br /> Dorothy Person <br /> . August 3, 1993 <br /> Page 3 <br /> V(C)(1)(b)(2), such uses might be treated, in the City's <br /> discretion, as a special use. <br /> Those individuals who rent temporary space wi thin buildings in <br /> order to sell goods or merchandise would also satisfy the state <br /> definition of a transient merchant. As such, they must comply with <br /> state regulations and with any regu1a~ions adopted by the City. In <br /> addition, the City should evaluate 'the location in which the <br /> activity is occurring and determine whether it is allowed in that <br /> particular use category by the zoning code. The rental of a motel <br /> room for retail purposes may not comply with the definition of <br /> hotel/motel (Arden Hills Zoning Code Section I(D)(63). <br /> Individuals who solicit sales door-to-door satisfy the state <br /> definition of a hawker or a peddler. They should comply with the <br /> state regulations and would also have to comply with the <br /> regulations adopted by the City. The Courts and/or Attorney <br /> General Opinions have indicated that the business of door-to-door <br /> solicitation cannot be prohibited but it can be regulated because <br /> it has the potential of becoming a nuisance. If the particular <br /> activity involves interstate commerce, it cannot be burden by <br /> additional local tax. <br /> . CONCLUSIONS <br /> The City has the authority to regulate the business of <br /> transient merchants, hawkers or peddlers but cannot impose a <br /> regulation which is an unreasonable burden on a transient merchant, <br /> hawker or peddler who is engaged in interstate commerce. Imposing <br /> licensing fees has been determined to be an unfair burden on those <br /> engaged in interstate commerce. However, the City may require <br /> transient merchants, hawkers, and peddlers to register with the <br /> City and conduct themselves in a manner that does not create a <br /> nuisance. <br /> Please let me know in which direction the City wishes to <br /> proceed on this matter or if you wish to have a draft of sample <br /> regulations relating to transient merchants, hawkers and peddlers. <br /> Some of the cities surrounding Arden Hills have such regulations. <br /> If you have any questions, please contact me. <br /> Very truly yours, <br /> JPF:bap <br /> . CC B r : CvV\ ;:c <br /> .....\~C <br /> ~&11./l'ui. {C <br />