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HomeMy WebLinkAbout371 - . ~ ~~HILLS CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA ORDINANCE NO. 371 AN ORDINANCE REGULATING PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS IN ARDEN HILLS- AMENDING CITY CODE CHAPTER 3 BY REVISING SECTION 340 The City Code of Arden Hills is amended by adding Chapter 340 to read as follows: 340.01 Purpose. This section is not intended to interfere with the legitimate business activities of peddlers, solicitors or transient merchants. These provisions are intended only to, as nearly as possible, regulate and control all those who would use their unique presence on property within the City to create nuisances, commit theft, or engage in other - unlawful activities. 340.02 Definitions. For the purpose of this section, the terms used herein are defined as follows: A. "Peddler" means any person who goes from place to place; conveying or transporting goods, wares or merchandise; offering the goods, wares or merchandise for sale; making sales; and delivering goods, wares and merchandise. B. "Solicitor" means any person who goes from place to place soliciting donations or taking orders for the sale of goods, wares or merchandise for future delivery or for services to be performed in the future. C. "Transient Merchant" means any person who engages in a temporary business, either in one locality, or in traveling from place to place, selling goods, wares and merchandise; and who, for purpose of carrying on such temporary business, hires, leases, occupies or uses a building, shelter, vacant lot, vehicle, trailer, tent, boat, public room in a hotel. motel or lodging . I - I violation of any municipal ordinance, other than traffic violations and the nature of the offense and the punishment or penalty assessed therefore. 9. The name, address, and telephone number of the individuals who will be engaged in peddling, soliciting or conducting business as a transient merchant and if any such individuals are under the age of 18 years, the name, address and telephone number of the responsible adult supervisor. 10. A transient merchant must also provide: (a) Proof of appropriate permission to operate on proposed site. (b) A copy of the form or individual's sales tax permit. The sales tax permit must be posted at the site. (c) Proof that the transient merchant sales are permitted within the zoning district where the business will be conducted. . 1l. A list of the last five (5) municipalities wherein the applicant has conducted business. B. Fees. The application fee as adopted from time to time by City Council ordinance. The application fee is to cover the administrative costs of processing and investigating the application. 340,04 Investigation and Issuance. A. Upon receipt of a completed application, it shall be referred to the Ramsey County Sheriff's Department for a background investigation of the applicant's business and moral character as deemed necessary for the protection of the public good. B. Upon successful completion of the registration process and investigation, the City Administrator or designee shall issue to the applicant a certificate of registration. The certificate of registration is non-transferable. . 3 , I 340.05 Regulations. The registrant and its employees shall comply with the following regulations: A. Siqns. No peddler, solicitor, or transient merchant, unless invited to do so by the property owner or tenant, shall enter the property of another for the purpose of conducting business as a peddler, solicitor, or transient merchant when the property is marked with a sign or placard at least three and three quarter (3-3/4) inches long and three and three quarter (3-3/4) inches wide with print of a least 48 points in size stating "Peddlers, Solicitors, and Transient Merchants Prohibited", or other comparable statements. No person, other than the property owner or tenant, shall remove, deface, or otherwise tamper with any sign. B. Refusinq to Leave. It shall be unlawful for any peddler, solicitor or transient merchant to enter upon premises owned, leased or rented by another and refuse to leave such premises after having been notified by such owner or occupant to leave. I C. Misrepresentation. It shall be unlawful for any peddler, solicitor or transient merchant to make false or fraudulent statements concerning the quality of the goods or services which are being offered for sale. D. Hours of Operation. It shall be unlawful for any peddler or solicitor to conduct business within the City between 7:00 p.m. and 9:00 a.m. the following morning, except by specific appointment with and invitation from the perspective customer. E. False Information. It shall be unlawful for any reason to give any false or misleading information in connection with the application for a certificate of registration. F. Displav of Permit. Registrants are required to exhibit their permit at the request of a citizen. 340.06 Duration of Certificate of Registration. Every certificate of registration shall be valid for the period of time stated thereon, but in no event shall any such certificate be issued for a period of time in excess of e thirty (30) days. 4 . 340.07 Exempt Organizations. A. Exempt List. The provisions of Section 340.03 sholl not apply to the following individuals/organizations: l. Bono fide residents of the state selling or peddling the products of the farm or garden occupied and cultivated by such person, provided that such soles con be conducted without creating 0 traffic hazard. 2. Children age eighteen or younger, soliciting for school sponsored activities. 3. Garage soles, flea market and estate soles. 4. The acts of merchants or their employees in delivering goods in the regular course of business. 5. Solicitations by organizations for philanthropic religious, political, charitable, non-profit or educational causes. I B. Application for Exemption. An application for exemption sholl be submitted to the City Administrator or designee on forms provided by the City at least ten (10) days before the applicant desires to conduct business within the City. A completed application sholl include the following information: 1. Nome and purpose of the couse for which the exemption is sought; 2. Nome, address and telephone number of the individual in the organization responsible for the activities of the peddler and/or solicitor; 3. Names and addresses of individuals who will actually be peddling or soliciting, provided that, if any such individuals are under 18 years of age, only the name, address and telephone number of the responsible supervising adult is necessary. 4. Period during which solicitation or peddling is to be e carried on; and 5 . 5. Certificate of non-profit status, if applicable, from the . state where organized. C. Political Oraanizations. Political organizations that request permission to canvass in the City are required to complete a legal affidavit and file it with the City Administrator or designee. 340.08 Revocation. Certificates of registration may be revoked by the City Administrator for a violation of any provision of this section. The decision of the City Administrator shall be final. Adoption Date: Adopted by the City Council of the City of Arden Hills The 27th Day of February, 2006. ~~~~. . 'Beverly A iko ski, Mayor ATTEST: ~~ Michelle A. Wolfe, City Administrator Publication Date: Published on the ISot'-- day of ~L'--- ,2006 e 6 350 High-w~Y--96~-W, -Shoreview, MN thru 2006-07 55126. retum from leave: Present Bollum, Grivna, Helgeson, Perron, Cristy, ID 1-23-06 Sundberg, Thompson, Tynjala. Superin- retirement: tendenl Jan Witthuhn Buchholz, Carol, TL 6-9-06 Absent: Sager, Mounds View student Campbell, Phyllis, ID 6-9-06 representative, lrondals student repre- Mattice, M~~ ~lIen, PW 6-9-06 sentative Ostlund, virginia, HV 6-9-06 Motion by Bollum, seconded by Pedersen, Linda, PW 6-9-06 Thompson, to adopt the agenda as Quick, Janet, ID 6-9-06 printed, Voting aye: all: nay: none. Motion ROy, Elizabeth, BA 6-9-06 carried. Annmvp. p.xoenditure~ ;I'l~ follows: The Board recognized Edgewood General Fund $2,863,668.40 Middle School student Ryan Nutrition Services 213,602.79 Schlotteltack who was named to the Communrty Service 104,333.09 Minnesota Band Director's Association Capital qutlay 575,473.53 no"V C; IT? BULLETIN & . .., J~ '.. TlOlii:1?VIUJ? !Tl \-'-:.;;-~:;;..",:::;;:; I h_~_"l.f~~ I . Af~d . f P b~.. 'I APR - 32006 H aVlt 0 U JilCatlon !i::I~:cgi t2::U?~:,H,I_~S State of Minnesota} S S County of Ramsey JESSICA ITALIANO , being duly sworn, on oath, says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as SHORRVTRW RUT T RTTN , and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota statute 331A.02, 331A.07, and other' applicable laws, as amended_ (8) The printed ORDINANCE which is attached was cut from the columns of said newspaper, and was printed and published once each 8TH week, for 1 successive weeks; it was first published on WED. , the day of MAR. ,20~ and was thereafter printed and published on every to and including , the day of ,20_; and printed below is a copy of the lower case alphabet tt from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and pubiication of the notice: ~ ABCDEFGHIJKLMNOPQRSTUWJXYZ ~ ABCDEFGHIJKLMNOPQRSTUWJXYZ ~a bcdefghij kl mnopq rstuV"Wxyz Subscribed and sworn to before me on 8TH this day of MAR. , 20 06 ~O K.Ll~k~o~ Notary Public 'Alphabet should be in the same size and kind of type as the notice. 1- "'""""NNJ"W'.ANvvvvvvveV'^^"^^1 ;iz'r~~'~~ TONYA R. WHITEHEAD ~-j~ Notary Public-Minnesota RATE iNFORMATION ~~ir1 My CommissIon Expires Jart 31. 2010 (1) Lowest classified rate paid by commercial users for comparable space. ............................................___...........$24.00 per col. inch (2) Maximum rate allowed by law for the above matter...........................................$23.03 per col. inch (3) Rate actually charged for the above matter ............... .......................................$ per col. inch e 1/06 for a certificate of registration shall be required to exhibit their permit at the submitted to the City Administrator or' request of a citizen. designee, on forms provided by the City, 340.06 Duration of Certificate of at least twenty one (21) days before the Registration. Every certificate of regis. applicant desires to conduct business tration shall be valid for the period 01 time within the' City. A completed application staled thereon, but in no event shalf any shaff include the following: such certificate be issued for a period of A. Sworn !=i.tatement. The sworn time in excess of thirty (30) days. statement shall provide: 340.07 Exempt Organizations. 1, Applicant's fuff legal name, date of A. Fxemnt u...t. The provisions of birth, and the social security number, Section 340.03 shall not apply to the 2. The permanent home address of the follOwing individuals/organizations: applicant, the address of the place of 1. Bona fide residents of Ihe slate seffing business or the firm or occupation which or peddling the Pfoducts of the farm or the applicant represents, and, in the case garden occupied and cultivated by such of transient merchants, the local address person, provided that such sales can be from which proposed sales will be made. conducted without creating a traffic 3. A brief deSCription-of the nature of the hazard. business and the goods to be sold. 2. Children age eighteen or younger, 4. If not self employed, the name, soliciting for school sponsored activities. address and telephone number of the 3. Garage sales, flea market and estate . employer. sales. 5. The length of time for which the right 4. The acts of merchants or their to do business is desired. employees in delivering goods in the 6. The place or location where the goods regular course of business. proposed 10 be sold are manufactured, 5. Solicitations by organizations for stored, and the manner in which goods philanthropic religious, political, charita- shall be delivered to the customer. ble, non-profit or educational causes. 7. A photograph of the applicant taken B. Annlication for EXAmnlion. An within sixty (60) days immediately prior to application for exemption shall be submit- the date of filing the application. The ted to the City Administrator or designee piclure shalf be approximately two inches on lorms provided by the City at least ten by two inches showirig. the head and (10) days before the applicant desires to . shoulders of the applicant ina clear and conduct_ business within the Cily. A distinguishing manner. completed application shall include the 8.A statement as to whether 'or not -the following information: applicant has been convicted of any 1. Name and purpose of the cause for crime, misdemeanor, or violation of any which the exemption is sough!; municipal ordinance, other' than traNic 2. Name, address and telephone num- violations and the nature of the offense ber of the individual in the organization . and the punishment or penalty,assessed responsible lor the activities of the ped- therefore. dler and/or solicitor; 9. The name, address, and telephone 3. Names and addresses of individuals number of the individuals who will be who will actually be peddling or soliciting, engaged in peddling, soliciting or con- provided that, if any such individuals are ducting business as a transient merchant under 18 years of age, only the name, and if any such individuals are under the address and telephone number of the age of 18 years, the name, address and responsible supervising adult is neces- telephone number of the responsible sary. adult supervisor. 4. Period during which solicitation or 10. A transient merchant must also peddling is to be carried on; and provide: 5. Certificate 01 non-profit status, if appli- (a) Proof of appropriate permission to cable, from the state where organized. operate on proposed site. C. Politir:~1 OrnRnizations, Political (b) A copy of Ihe form or individual's organizations that request permission to sales tax permit. The sales tax permit canvass in the City are required to com- must be posted at the site. plete a legal affidavit and file it with the (c) Prool that the transient me.rchant City Administrator or designee. sales are permitted within the zoning 340.08 Revocation. Certificates of district where the business will be con- registration may be revoked by the City ducted. Administrator for a violation of any pro- 11. A list of the last five (5) municipalities vision of this section, The decision of the wherein the applicant has conducted City Administrator shall be final. business. Ado!).lo" Date: Adopted by the City B. ~. The application fee as adopted Council of the City of Arden Hills from time to time by City Council ordi- The 27th Day of February, 2006. nance. The application fee is to cover the (BUlletin: Mar. 8, 2006) administrative costs of processing and - - investigating the application. 340.04 Investigation and IBsuance. CITY OF ARDEN HILLS A. Upon receipt ofa completed applica-. COUNTY OF RAMSEY tion, it shall be referred to the Ramsey County Sheriff's Department for a back- STATE OF MINNESOTA ground investigation of the appUcant's ORDINANCE NO. 371 business and moral character as deemed AN ORDINANCE REGULATING necessary for the protection of the public PEDDLERS, SOLICITORS. AND good. TRANSIENT MERCHANTS B. Upon successful completion of the 4t IN ARDEN HILLS- registration process and investigation, AMENDING CITY CODE CHAPTER 3 the City Administrator or designee shall BY REVISING SECTION 340 isSue 10 the applicant a certificate of The City Code of Arden Hills is amended registration. The certificate of registration by adding Chapter 340 to read as follows: is non-transferable. 340.01. Purpose. This section is not 340.05 Regulations. The registrant and intended to interfere with the legitimate its employees shall comply with the 101- business activities of peddlers, solicitors lowing regulations: or transient merchants. These provisions A. ~. No peddler, solicitor. or tran. are intended only to, as nearly as possi- sient merchant, unless invited to do so by ble, regulate and control all those- who the property owner or tenant, shall enter would use their unique presence on the property of another for the purpose of property within the City to create nui- conducting business as a peddler, sances, commit Iheft, or engage in other solicitor, or transient merchant when the unlawful activities property is marked with a sign or placard 340.02 Definitions. For the purpose of a! least three and three quarter (3-314) this section, the terms used herein are inches long and three and three quarter defined as follows: (3-314) inches wide with print'of a least 48 A. uE.edd!e.(' means any person who points in size staling "Peddlers, goes from place to place; conveying or Solicitors, and Transient Merchants transporting goods, wares or merchan- Prohibited", or other comparable state- dise; offering the goods, wares or ments. No person, other than the merchandise for sale; making sales; and property owner or tenant, shall remove, delivering goads, wares and merchan. delace, or otherwise tamper with any dise. Sign. B. ~~ means any person Who B. ReflJ...ina to I F1~ve. It shall be unlawful goes trom place to place soliciting dona- for any peddler, solicitor or transient tions or taking orders for the sale of merchant to enter upon premises owned, goods, wares or merchandise for future leased or rented by another and refuse to delivery orfor services to be performed in leave such premises after having been the future. notified by such owner or occupant to C" ~Transient Merr:h;mt" means any leave. person who engages in a temporary busi- C_ MisreDresentation. II shall be unlaw- ness, either in one locality, or in traveling ful for any peddler, solicitor or transient from place to place, selling goods, wares merchant to make false or fraudulent and merchandise; and wh(l. for purpose statements concerning the Quality of the of carrying on such temporary business, goods or services which are being offered hires, leases, occupies or uses a build- for sale. ing, shelter, vacant lot, vehicle, trailer. D. Hours of One ration. It shall be - tent, boat, public room in a hotel, motel or unlawful tor any peddler or solicitor to lodging house, apartments or any other conduct business within the City between place within the City for the exhibition and 7:00 p. m. and 9:00 a.m. the fOllowing sale of such wares, goods and merchan- morning, except by specific appointment dise with and invitation from the perspective 340.03 Application for Certificate of customer. Registration. Except as provided in E. False Information. It shall be unlawful Section 340.07, peddlers, solicitors 'and for any reason 10 give any false or mis- transient merchants shall not conducl leading information in connection with the business in the City of Arden Hills without application for a certifk:ate of registration. a certificate of registration. An application F. Di...nIRV nf PArmit. RegfSlranls are