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HomeMy WebLinkAbout360 . ~ ~ILLS CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA ORDINANCE NO. 360 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. It does not include vendors of milk, bakery products or groceries who distribute their products to regular customers on established routes. 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 any 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 house, apartments or any other place within the City for the exhibition and sale of such wares, goods and merchandise. 340.03 Application for Certificate of Registration. Except as provided in Section 340.07, peddlers, solicitors and transient merchants shall not conduct business in the City of Arden Hills without a certificate of registration. An application for a certificate of registration shall be submitted to the City Administrator or designee, on forms provided by the City, at least twenty one (21) days before the applicant desires to conduct business within the City. A completed application shall include the following: A. Sworn Statement. The sworn statement shall provide: 1. Applicant's full legal name, date of birth, and the social security number. 2. The permanent home address of the applicant. the address of the place of business or the firm or occupation which the applicant represents, and, in the . case of transient merchants, the local address from which proposed sales will be made. 3. A brief description of the nature of the business and the goods to be sold. 4. If employed, the name and address of the employer. 5. The length of time for which the right to do business is desired. 6. The place or location where the goods proposed to be sold are manufactured, stored, and the manner in which goods shall be delivered to the customer. 7. A photograph of the applicant taken within sixty (60) days immediately prior to the date of filing the application. The picture shall be approximately two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner. . 8. A statement as to whether or not the applicant has been convicted of any crime, misdemeanor, or 2 . violation of any municipal ordinance, other than traffic violations and the nature of the offense and the punishment or penalty assessed therefore. 9. A list including the name, address, phone number and age (if under 18 years) of all persons working for or assisting in the described activity. 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 as a transient merchant. 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. If the applicant has been convicted of a violation within the past five years from the date of the application for any Federal or State statutes or regulation, or of any local ordinance, which adversely reflects on the person's ability to conduct the business for which the certificate of registration is . being sought in an honest and legal manner or that will not adversely affect the health, safety and welfare of the residents of the City. Such violations shall include but not be 3 . limited to: burglary, theft, larceny, swindling, fraud, unlawful business practices, and any form of actual or threatened physical harm against another person. C. 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. 340.05 Regulations. The registrant and its employees shall comply with the following regulations: A. Sians. 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. Refusina 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. 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. 4 . 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 thirty (30) days. 340.07 Exempt Organizations. A. Exempt List. The provisions of Section 340.03 shall not apply to the following organizations: l. Bona fide residents of the state selling farm and/or garden produce cultivated by themselves, provided that such sales can be conducted without creating traffic hazards. 2. Children age eighteen or younger, soliciting for school sponsored activities. . 3. Garage sales, flea market and estate sales. 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. B. Application for Exemption. An application for exemption shall 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 shall include the following information: l. Name and purpose of the cause for which the exemption is sought; 2. Name of the individual in the organization responsible . for the solicitations; 5 . 3. Names and addresses of the individuals who will actually be doing the solicitation; 4. Period during which solicitation is to be carried on; and 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 31st Day of May, 2005. .~ ~ j 1 ~ d' >(~ -d-t::. A ~/ . Beverly AP~Ski, ayor ATTEST: vUidul12-e l %ilL ;p14~ Michelle A. Wolfe, City Administrator ,,::+1-.- ~.r Publication Date: Published on the F\ '-~day of ) ! (; i (" . , 2005 . \ \Earth\Admin\Council\Ordinances\Ordinance 360 - Peddlers.doc 6 ~ r---~-'" ~ -'-! i , , -'UN 1 3 2005 i . Affidavit of Publication I i , i , , I , U::r'fY OF _ARC::::i\! HilLS r State of Minnesota} SS COilmty of Ramsey Tonya Whitehead , 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 SHOREVTFW RTH I ETTN , 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. (B) The printed ORDINANCE NO, 360 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for 1 successive weeks; It was first published on WED. , the 8TH day of JUNE , 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 . from A to Z, both inclusive, which is hereby acknowiedged as being the size and kind of type used in the composition and publication of the notice: .. ABCD EFGHIJKLMNOPQRSTUVW XYZ B~l~ 111~'JJ:J Q .n1) .. ABCDEFGH IJKLMNOPQRSTUVVVXYZ *abcdefghijkJmnopqrs1uvwxyz TI E A UNTING ASSOCIATE Subscribed and sworn to before me on TH this 8 day of JUNE , 20 05 . ~~i( - ~ J;yl1G- Notary Public 'Alphabet should be in the same size and kind of type as the notice, I f!l;'s; KERI A. 50LSETH I RATE INFORMATION ~~~,.", Notary Pub!i(;~Minnesota -i-,g'fZ' My Commission Expires Jan 31, 2010 (1) Lowest classified rate paid by commerciai users for comparable space................................................,...........$24.00 per col. inch (2) Maximum rate allowed by law for the above matter..............___.................. .......$20.49 per col. inch (3) Rate actually charged for the above matter.. ............................ .......................$ per col. inch . 1/05 CITY OF ARDEN HILLS 7. A photograph of the applicant taken C. Mi~rp.oresentation. It S~~" be COUNTY OF RAMSEY within sixty (60) days immediately prior to unlawful for any peddler, -Solicitor or the date 01 filing the application. The transient. merchant to make f~lse or STATE OF MINNESOTA picture shall be approximately two inches fraudulent statements concernmg the ORDINANCE NO. 360 by two inches showing the head and quality of the goods or services which are AN ORDINANCE REGULATING shoulders of the applicant in a clear and being offered for sale. PEDDLERS, SOLICITORS. AND distinguishing manner. 0 Hours of Oneration. It shall, be rRANSIENT MERCHANTS IN ARDEN 8. A statement as to whether or not the uniawful lor any peddler or solicitor to hiLLS - AMENDING CITY CODe applicant has been convicted of any conduct business within the City b~en CHAPTER 3 BY REVISING SECTION cr. ime, misdemeanor, or violation of a~y 7.:00 p.m. and 9:00 a:m.. the follOWing . 340 . . municipal ordinance, other than traffic morning, except by specifiC appoi~nt The City Code of Arden Hills IS amended VIolations and the nalure of Ihe offense with and invitation from the perspectIVe JY adding Chapter 340 to read as follows: and the punishment or penalty assessed customer. 340.01 Purpose_ Thi~ section .I~ not therefore. E. Fal!'iA Information. I~ shall be unlawlul intended to interfere With the legl~lr:'ate 9. A list including the name, address, for any reason to gM3 any ~lse or business activities of peddlers, soh.c~tors phone number and age (if under 18 misleading infonnation in conne~n with or transient merchants. These provIsions years) of all persons working for or the application lor a certificate of are Intended only to, as nearly as assisting in the described activity. registration. . possible, regulate and control all those 10. A tranSIent merchant must also F. Di!'inlHv of PermIt. RegtStrants are who would use their unique presence on provide: required to exhibit their permit at the properly within .-the City to crea~e (a) Proof of appropriate permissiol1,to request of a citizen. nuisances, commit .theft, or engage In operate on proposed site. 340,06 Duration of Certificate of other unlawful activittes. (b) A copy of the form or individual's Registration. Every certificate of 340.02 Definitions, For the purpC?se of sales tax permil. The sales tax permit registration shall be valid. for the period 01 this secbon, the terms used hereIn are must be posted at the site. time stated thereon, but In no event s~1I defined as follows: (c) Proof that the transient merchant anysuchcertificatebeissUedforaperiod A. "~ means any person who sales are permitted within the zoning of time in excess of thirty (30) days. goes from place to place; conveying or district where the business will be 340..07 Exempt Organlut.:lons.. transporting goodS, wares or conducted. A. EYAmot List. The provISions of merchandise; offering the goods, wares 11. A list of the last five (5) municipalities Section 340.03 shall not apply to the or merchandise for sale; making sales; wherein the applicant has conducted following organizations: . and delivering goods, wares and business asa transient merchant. 1. Bona fide residents of the state selling merchandise. II does not include vendors B..E.ees" The application lee as adopted farm and/or garden produce cultivated by 01 milk, bakery products or grocenes who from time to time by City Council themselves, provided that such. sales Coa;n distribute their products to regular ordinance: The application fee is to cover be conducted without creallng traffiC customers on established routes. the administrative casts of processing hazards. B. ~~ means any perso~ ~ho and investigating the application, 2. Children age eighteen or ~u.n.ger, goes from place to place sohcltlng 340.04 Investigation and Issuance. soliciting for school sponsored actIVitl9S. donations or taking orders for the sale of A. Upon receipt of a completed 3. Garage sales, flea market and estate goods, wares "Qr merchandise for future application, it shall be referred to the sales. . delivery or lor services to be performed In Ramsey County Sheriff's Department for 4. The acts of merchants or their the future. a background investigation of the efl1Jloyees in delivering goods in the C. "TransiAnt MArcha~t' means any applicant's business and moral character regular course of business. . person who engages In a temporary as deemed necessary for the protection 5. Solicitations by . organIzations for business, either in one locality, or in ~ny of the public good. philanthropic religious, poli~ical, traveling from place to place, selling B. If the applicant has been convicted of charitable, non-proflt or educational goods, wares and merch~ndise; and a violation within the past five years from causes. . who, for purpose of carrying on such the date of the application for any Federal B. ADnlir.~t1on for Exsmnhnn. An . temporary business,. ~ir~s, leases, or State statutes or regulation, or of any application for ex.emption. . shall be occupies or uses a bUilding, shelter, local ordinance, which adversely reflects submitted to the City. Admlnlstrat~r or vacant lot, vehicle, trailer, tent, b~at, on the person's ability to conduct the designee on larms provided by the C!'Y at publiC room in a hotel, motel or lodging business for which the certificate of least ten (10) days before the applicant house, apartments or a~y. .other place reglslration is being sought in an honest desires to conduct busine~w1thin the within the City for the exhibItion and .sale and legal manner or that will not City. A completed appllc~ltlOn shall of such wares, goods and merchandise. adversely affect the health, safety and include the foll~ng infonnatlon: 340.03 Application for Certificate of welfare of the residents of the City. Such 1. Name and purpose of the cause for Registration. Except as provided in violations shall include but not be limited which the exemption Is sought; Section 340..07, peddlers, soliCitors and to: burglary, theft, larceny, swindling, '2. Name of the individual in the transient merchants shall not co~duct fraud, unlawful business practices, and organization responsible lor the business in the City 01 Arden Hills WIthout any form of actual or threatened physical solicitations; . . .. .. harm against another person. 3. Names and addresses of the : certlflcat.e. of regrstratl?M' A~ applrcallon C. Upon successful completion of the individuals who will actually be doing the or a. certrflcate of ~eglslratr~~ shall be registration process and investigation, solicitation; . Sub~Tlltted to the City ~dmrnlstrator . or the City Administrator or designee shall 4. Period during which solicitation IS to ~~Ignee, on foons prOVIded by the City, issue to the applicant a certificate of be carried on; and . B.ast twen~ one (21) days before the registration The certificate of registration 5 Certificate of non-profit status, If a~pl.lcant d~slres to conduct bU,sin~ss is non-tran~erable. applicable, from the state where Within, the City. A c~ple.ted application 340..0.5 Regulations. The registrant and organized. . . shall ,"clude the fOllowmg. its employees shall comply with the C Politir:~1 Qrnanl2"ations. Political A. Sworn Statp.m~nt The sworn .. ..... . .on to . . . followmg regulations: organizations that requ pemll~S1 slateme~t Sh~H, proVIde. A. ~" No peddler, solicitor, or canvass in the City are reqUired to ~. Applicant s full legal pame, date of transient merchant, unless invited to do complete a legal affidavit and file it wllh birth, and the SOCial secunty number. the C' Administralor or designee. 2 T.he permanent home address of 'Ihe so by the property owner or tenant, shall 340 ~ Revocation. Certificates, of applicant, the address of the -place of enter the property of another for the 'strafon may be revoked by the City busihes~ or Ihe firm or occupation which purpose of conducting business as a ~~~inis~rator for a violation of any the applicant represents, and, in the case peddler, solicitor, or transient merchant rovision of this seelion. The decision of of transient merchants, the locaf address when the property is marked with a sign ~e City Administrator shall be final, from which proposed sales will be made, or placard alleast three and three quarter 3. A brief description of the nature of Ihe (3.314) inches long and three and three Adomlon DatA: Adopted by IheGity business and the goods 10 be sold. quarter (3-314) inches wide with print of a Council of the City of Arden Hills 4. 1f employed, the name and address of least 48 points in size stating ~Peddlers, The 31st Day of May, 2005. the employer. Solicitors, and Transient Merchants (Bulletin: June 8, 2005) 5. The length of lime for which the right Prohibited~, or other comp'arable to do business is desired. statements. No person, other than the 6. The place or location where .the goods property owner or tenant, shall remove, . proposed to be sold are manufactured, deface, or otherwise tamper with any stored, and the manner in whrch goods sign. shall be delivered to the customer. B. RAlll~inn to I A;;tVA. 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.