HomeMy WebLinkAbout296
.- STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF ARDEN HILLS
Ordinance Summary
Ordinance No. 296
Chapter 18 Peddlers, Solicitors
and Transient Merchants.
On March 28, 1994 the Arden Hills City Council approved Ordinance
No. 296 which amends in its entirety Chapter 18 of the Arden
Hills Municipal Code relating to Peddlers. The City Council by
an affirmative vote of at least four Councilmembers, directed
that a summary of Ordinance No. 296 be published in the City's
official Newspaper and that a printed copy of Ordinance No. 296
be posted on the City's bulletin board and otherwise be made
available for inspection at the City offices during regular
business hours.
Ordinance No. 296 contains regulations relating to the
. registration, hours of operation, exemptions and definitions of
peddlers, solicitors, or transient merchants who operate within
the City of Arden Hills.
Effective Date: Ordinance No. 296 shall become effective on the
day following publication of the Ordinance or an approved
Ordinance Summary.
Adoption Date: Passed by the City Council of the City of Arden
Hills the 28th day of March, 1994.
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~--_.-
STATE OF MINNESOTA
. COUNTY OF RAMSEY
CITY OF ARDEN HILLS
Ordinance No. 296
An ordinance amending Chapter 18 of the
City of Arden Hills Municipal Code Relating to
the Regulation of Peddlers.
The Council of the City of Arden Hills does ordain as follows:
Chapter 18 of the City's ordinance is hereby deleted in its
entirety and replaced with the following.
CHAPTER 18 - PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS
Section 18-01 Pur~ose - This section is not intended to interfere
with the legitimate business activities of peddlers, as the
same are defined herein, whether local or interstate. These
provisions are intended only to, as nearly as possible, ferret
out all illegitimate operators and to regulate and control all
those who would use their unique presence on property within
. the City to create nuisances, commit theft or other unlawful
activities.
Section 18-03 Definitions
For the purpose of this chapter, the terms, used herein are
defined as follows:
Peddler: means any person, whether a resident of the City of
Arden Hills or not, who goes from house to house, from place
to place, or from street to street, conveying or transporting
goods, wares or merchandise or offering or exposing the same
for sale, or making sales and delivering articles to
purchasers. It does not include vendors of milk, bakery
products or groceries who distribute their products to regular
customers on established routes.
PeddlinG: means the act of being a peddler.
Solicitor: means any person, whether a resident of the City
of Arden Hills or not, firm or corporation who goes from house
to house, place to place or from street to street soliciting
donations or taking orders for sale of goods, wares or
. merchandise for future delivery or for service to be performed
in the future, whether or not such order or whether not he/she
is collecting advance payments on such order. Such definition
includes any person who, for themselves or for another person,
firm or corporation, hires, leases, uses or occupies any
. building, motor vehicle, trailer, structure, tent, railroad
boxcar, boat, hotel room, lodging' house, apartment, shop or
other place within the City for the purpose of exhibiting
samples or taking orders for future delivery.
Transient Merchant: Includes any person, firm or corporation,
whether as owner, agent, consignee, or employee, whether a
resident of the City of Arden Hills or not, who engages in!
does, or transacts any temporary business and transient
business, either in one locality, or in travelling from place
to place, selling goods, wares, and merchandise; and who, for
the purpose of carrying on such business, hires, leases,
occupies or uses a building, shelter, vacant lot, railroad
carr motor vehicle, trailer, tent, boat, public room in
hotels, lodging houses, apartments or other place within the
City for the exhibition and sale of such wares, goods and
merchandise.
Section 18-05 Reaistration Reauired: It is unlawful for any
peddler, solicitor or transient merchant to engage in any such
activity within the City of Arden Hills without first registering
. with the City Administrator in compliance with the provisions of
this ordinance. Registration does not exempt compliance with all
other applicable local, state and federal laws.
l. Reaistration Persons registering under this ordinance
shall file a sworn statement with the City
Administrator's office on a form to be furnished by the
City. The sworn statement shall provide:
A. The name, physical description and drivers license
number of the person registering.
B. 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;
C. A brief description of the nature of the business
and the goods to be sold;
D. If employed, the name and address of the employer,
. together with the credentials therefrom
establishing the exact relationship;
E. The length of time for which the right to do
business is desired;
. F. 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;
G. A photograph of the applicant, taken within sixty
(60) days immediately prior to the date of filing
of the application, which picture shall be
approximately 2" X 2" showing the head and
shoulders of the applicant in a clear and
distinguishing manner;
H. A statement as to whether or not the applicant 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 therefor;
I. 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.
. J. In cases of transient merchant sales, the applicant
must also provide:
i) Proof of appropriate permission to operate on
proposed site.
ii) A copy of the form or individuals sales tax
permit. The sales tax permit must be posted at the
site; and
K. The last five (5) municipalities wherein the
applicant has worked before coming to this City.
Section 18-07 ExemDtions: The provisions of this Section of this
Chapter shall not apply to the following:
l. Bona fide residents of the state selling products of the
farm and garden occupied and 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" or HEstatell sales;
4. The acts of merchants or their employees in delivering
. goods in the regular course of business;
5. Solicitations by any organization for philanthropic
religious or educational causes if the following
procedure has been accomplished: the requesting entity
must file an application in writing, on a form to be
furnished by the City Administrator, which shall give the
following information:
1. Name and purpose of the cause for which the
exemption is sought.
2. Name of the individual in the organization
responsible for the solicitations.
3. Names and addresses of the individuals who will
actually be doing the solicitation.
4. Period during which solicitation is to be carried
on.
5 . Certificate of non-profit status from the state
where organized.
Section 18-09. Administrative Review Fee. A fee, in the amount to
. be determined from time to time by Council resolution, shall be
paid when the application is submitted. This fee is to cover the
administrative costs of processing and investigating.
Section 18-1l. Investiaation and Issuance.
l. Upon receipt of each application, it shall be referred to
the Ramsey County Sheriff for a background investigation
of the applicant's business and moral character as deemed
necessary for the protection of the public good.
2 . If as a result of such investigation, the applicant's
character or business responsibility is found to be
unsatisfactory, the City shall notify the applicant that
the application is disapproved and that no permit shall
be issued.
3. If as a result of such investigation , the applicant's
character or business responsibility is found to be
satisfactory, the City shall deliver to the applicant the
approved permit.
. Section 18.13 Exhibition of Permit. Permittees are required to
exhibit their permit at the request of any citizen.
A. Practices Permitted. No peddler or solicitor shall
. enter in or upon any premises or attempt to enter
in or upon any premises wherein a sign or placard
bearing the notice, "Peddlers or Solicitors
Prohibited, " or language similar thereto, is
located.
B. Refusing 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.
Section 18-15. Hours of Ooeration. It shall be unlawful for any
peddling or soliciting 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.
Section 18-17. Duration. Every permit issued under the provisions
of this chapter shall be valid for the period of time stated
therein, but in no event shall any such permit be issued for a
period of time in excess of thirty (30) days.
Section 18-19. False Information. It shall be unlawful for any
reason to give any false or misleading information in connection
with the application for permit.
Section 18-21. Misdemeanor. Any violation of this Chapter shall
be a misdemeanor. Each day on which such violation continues shall
constitute a separate offense.
Section 18-23. Revocation Any permit issued on the provisions of
this chapter may be revoked by the City Administrator for a
violation of any provision of this chapter.
Section 18-25. Penalty. Any person violating any provision of
this ordinance shall be guilty of a misdemeanor.
. Section 18-27. Severability. If any part or provision of this
Chapter or the application thereof to any person, entity, or
circumstances shall be adjudged unconstitutional or invalid by any
court of competence jurisdiction, such judgement shall be confined
in its operation to the part of the provision or application which
. its directly involved in the controversy in which such judgement
shall have been rendered, and shall not affect or impair the
validity of the remainder of this chapter or the application
thereof to the other persons, entities or circumstances.
The provisions of Ordinance No. 296 shall become effective on the
20th day of April 19~
Passed by the City Council of the Cioy ::;r;1li-
28th day of March 19-2L.
Thomas Sather
Mayor
Attest:
Dof~~~~ City of Arden.H\IIs
STATE OF_.;'I
COUNlY OF_
0RIlIIlAIlCE __
City Administrator ORDINANCE NO. ~
CHAPTER 'B. PEDDLERS, SOLICITORS
AND i_NT -.::r:TS
On March 2B. .1.... the At Hm. ~
Council opprowd ~ No.J 2B6_
aiMndl In il4 enti....y. Ch.~r tl of 1he
. Arden Hilla MUtticiE:,1 Code IrelaUn, to
~. The City .....~.._.
1ive vote of at"'" lour Coim .th'MmbetA.
directed that a summary of OrdJnance No.
296 be publlshed.!n theCily's cifficial news-
paper and lnal a printed copy qf Ordinance
No, 296 be posted on the Ci~s bulletin
board and otherwise be ma' available
for inspection al the City offices during regu.-
lar business hours. i
Ordinanee No. 296 containsil'8gulations
',elating to the registration. hours 01 opera-
tion, exemptions and definitions ~f peddlers
solicitors, or transient merchants who oper~
ate within the City of Arden HIlt..!
~IfAcIIVQ OatA" Ordinance No. 296 shalt
become elfecliv8 on the day loll~wing publi-
cation of Ihe Ordinance or any approved
Ordinance Summary.
Adootinn OFlIA' passed~. Ihe City
Council 01 the City of Arden Hi Is the 28th
dj 01 March 1994.
nomas Sather
Mayor
At1oot:
UUJUf~ 1"8"'" i;- I
CilyA 1oIra.... ",
(April 'B, 19II4J _ HIIoFe$u._
,.
r,
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF ARDEN HILLS
Ordinance No. 296
An ordinance amending Chapter 18 of the
City of Arden Hills Municipal Code Relating to
the Regulation of Peddlers.
The Council of the City of Arden Hills does ordain as follows:
Chapter 18 of the City's ordinance is hereby deleted in its
entirety and replaced with the following.
CHAPTER 18 - PEDDLERS, SOLICITORS AND TRANSIENT MERCHANrS
Section 18-01 Purbose - This section is not intended to interfere
with the legitimate business activities of peddlers, as the
same are defined herein, whether local or interstate. These
provisions are intended only to, as nearly as possible, ferret
out all illegitimate operators and to regulate and control all
those who would use their unique presence on property within
the City to create nuisances, commit theft or other unlawful
activities.
Section 18-03 Definitions
For the purpose of this chapter, the terms, used herein are
defined as follows:
Peddler: means any person, whether a resident of the City of
Arden Hills or not, who goes from house to house, from place
to place, or from street to street, conveying or transporting
goods, wares or merchandise or offering or exposing the same
for sale, or making sales and delivering articles to
purchasers. It does not include vendors of milk, bakery
products or groceries who distribute their products to regular
customers on established routes.
Peddlina: means the act of being a peddler.
Solicitor: means any person, whether a resident of the City
of Arden Hills or not, firm or corporation who goes f rom house
to house, place to place or from street to street soliciting
donations or taking orders for sale of goods, wares or
merchandise for future delivery or for service to be performed
in the future, whether or not such order or whether not he/she
is collecting advance payments on such order. Such definition
includes any person who, for themselves or for another person,
firm or corporation, hires, leases, uses or occupies any
building, motor vehicle, trailer, structure, tent, railroad
boxcar, boat, hotel room, lodging house, apartment, shop or
other place within the City for the purpose of exhibiting
samples or taking orders for future delivery.
Transient Merchant: Includes any person, firm or corporation,
whether as owner, agent, consignee, or employee, whether a
resident of the City of Arden Hills or not, who engages in,
does, or transacts any temporary business and transient
business, either in one locality, or in travelling from place
to place, selling goods, wares, and merchandise; and who, for
the purpose of carrying on such business, hires, leases,
occupies or uses a building, shelter, vacant lot, railroad
car, motor vehicle, trailer, tent, boat, public room in
hotels, lodging houses, apartments or other place within the
City for the exhibition and sale of such wares, goods and
merchandise.
Section 18-05 Registration Reguired: It is unlawful for any
peddler, solicitor or transient merchant to engage in any such
activity within the City of Arden Hills without first registering
with the City Administrator in compliance with the provisions of
this ordinance. Registration does not exempt compliance with all
other applicable local, state and federal laws.
1. Registration. Persons registering under this ordinance
shall file a sworn statement with the City
Administrator's office on a form to be furnished by the
City. The sworn statement shall provide:
A. The name, physical description and drivers license
number of the person registering.
B. 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;
C. A brief description of the nature of the business
and the goods to be sold;
D. If employed, the name and address of the employer,
together with the credentials therefrom
establishing the exact relationship;
E. The length of time for which the right to do
business is desired;
F. 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;
G. A photograph of the applicant, taken within sixty
(60) days immediately prior to the date of filing
of the application, which picture shall be
approximately 2" X 2" showing the head and
shoulders of the applicant in a clear and
distinguishing manner;
H. A statement as to whether or not the applicant 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 therefor;
I. A list including the name, address, phone number
and age (if under 18 years) of al1 persons working
for or assisting in the described activity.
J. In cases of transient merchant sales, the applicant
must also provide:
i) Proof of appropriate permission to operate on
proposed site.
ii) A copy of the form or individuals sales tax
permit. The sales tax permit must be posted at the
site; and
K. The last five (5) municipalit:ies wherein the
applicant has worked before coming to this City.
Section 18-07 Exemptions: The provisions of this Section of this
Chapter shall not apply to the following:
1. Bona fide residents of the state selling products of the
farm and garden occupied and 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" or "Estate" sales;
4. The acts of inerchants or their employees in delivering
goods in the regular course of business;
5. Solicitations by any organization for philanthropic
religious or educational causes if the following
procedure has been accomplished: the requesting entity
must file an application in writing, on a form to be
furnished by the City Administrator, which shall give the
following information:
Name and purpose of the cause for which the
exemption is sought.
Name of the individual in the organization
responsible for the solicitations.
Names and addresses of the individuals who will
actually be doing the solicitation.
Period during which solicitation is to be carried
on.
Certificate of non-profit status from the state
where organized.
Section 18-09. Administrative Review Fee. A fee, in the amount to
be determined from time to time by Council resolut'ion, shall be
paid when the application is submitted. This fee is to cover the
administrative costs of processing and investigating.
Section 18-11. Investigation and Issuance.
1. Upon receipt of each application, it shall be referred to
the Ramsey County Sheriff for a background investigation
of the applicant's business and moral character as deemed
necessary for the protection of the public good.
2. If as a result of such investigation, the applicant's
character or business responsibility is found to be
unsatisfactory, the City shall notify the applicant that
the application is disapproved and that no permit shall
be issued.
3. If as a result of such investigation , the applicant's
character or business responsibility is found to be
satisfactory, the City shall deliver to the applicant the
approved permit.
Section 18.13 Exhibition of Permit. Permittees are required to
exhibit their permit at the request of any citizen.
/A- ractices Permitted. No peddler or solicitor shall
enter in or upon any premises or attempt to enter
/ in or upon any premises wherein a sign or placard
~ bearing the notice, "Peddlers or Solicitors
Prohibited," or language similar thereto, is
located.
B. Refusing 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
1 peddler, solicitor or transient merchant to make
false or traudulent statements concerning the
quality of the goods or services which are being
offered for sale.
Section 18-15. Hours of Operation. It shall be unlawful for any
peddling or soliciting 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.
Section 18-17. Duration. Every permit issued under the provisions
of this chapter shall be valid for the period of time stated
therein, but in no event shall any such permit be issued for a
period of time in excess of thirty (30) days.
Section 18-19. False Information. It shall be unlawful for any
reason to give any false or misleading information in connection
with the application for permit.
Section 18-21. Misdemeanor. Any violation of this Chapter shall
be a misdemeanor. Each day on which such violation continues shall
constitute a separate offense.
Section 18-23. Revocation. Any permit issued on the provisions of
this chapter may be revoked by the City Administrator for a
violation of any provision of this chapter.
Section 18-25. Penalty. Any person violating any provision of
this ordinance shall be guilty of a misdemeanor.
Section 18-27. Severability. If any part or provision of this
Chapter or the application thereof to any person, entity, or
circumstances shall be adjudged unconstitutional or invalid by any
court of competence jurisdiction, such judgement shall be confined
in its operation to the part of the provision or application which
its directly involved in the controversy in which such judgement
shall have been rendered, and shall not affect or impair the
validity of the remainder of this chapter or the application
thereof to the other persons, entities or circumstances.
The provisions of Ordinance No. 296 shall become effective on the
day of 19
Passed by the City Council of the City of Arden Hills this
28th day of March 19 94 .
Thomas Sather
Mayor
Attest:
Dorothy A. Person
City Administrator
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF ARDEN HILLS
Ordinance Summary
Ordinance No. 296
Chapter 18 Peddlers, Solicitors
and Transient Merchants.
On March 28, 1994 the Arden Hills City Council approved Ordinance
No. 296 which amends in its entirety Chapter 18 of the Arden
Hills Municipal Code relating to Peddlers. The City Council by
an affirmative vote of at least four Councilmembers, directed
that a summary of Ordinance No. 296 be published in the City's
official Newspaper and that a printed copy of Ordinance No. 296
be posted on the City's bulletin board and otherwise be made
available for inspection at the City offices during regular
business hours.
Ordinance No. 296 contains regulations relating to the
registration, hours of operation, exemptions and definitions of
peddlers, solicitors, or transient merchants who operate within
the City of Arden Hills.
Effective Date: Ordinance No. 296 shall become effective on the
day following publication of the Ordinance or an approved
Ordinance Summary.
Adoption Date: Passed by the City Council of the City of Arden
Hills the 28th day of March, 1994.
Thomas Sather
Mayor
Attest:
Dorothy A. Person
City Administrator
City of Arden Hills
STATE OF IiAINNESOTA
COUNTY OF RAMSEY
ORDINANCE SUMMARY
ORDINANCE NO. 296 FOCUS NEWSPAPERS
CHAPTER 16 - PEDDLERS, SOLIC170RS
ANO THANSIENT MERCHANTS
On March 28, 1994 the Arden Hills City
CouncA approved C1fdkmncs No. 296 which AFFIDAVIT OF PUBLICATION
.
amends in Its antiraty Chepter 18 of the
Arden Hills Municipal Code rolating to
Peddlers. Tfie City Council by an aflirma-
tive vote ot at least tour Councilmembers, STATE OF MINNESOTA)
directed that a summary of Ordinance No.
296 be published in the Cily's oBiciai news- SS S ~
paper and that a printed copy ot Ordinance COUNTY OF RAMSEY )
No. 296 be posted on the City's builetin
boerd and otherwise be made avaiiable
ior inspection at the City oNices during regu-
lar business hours. Richard Roberts, being duly swom, on oath says that he is the publisher or authorized agent and employee
Ordinance No. 296 comains regulations
relating to the registration, hou[s of opera- of the publisher of the newspaper known as the Arden Hills Focus News
tion, exemptions and definitions of peddlers, and has full knowledge of the facts which are stated below:
solicitors, or transient merchanta who oper-
ate within the City of Arden Hills.
Effective Date: Ordinance No. 296 shall (A) The newspaper has complied with all of the requirements constituting qualification as a qualirwd
become effective on the day following publi- newspaper, as provided by Minnesota Statue 331A.02, 331A_07, and other applicable laws, as amended.
cation of the Ordinance or any appraved
Ordinance Summary.
Adootion Date: Passed by the City (B) The pnnted Citv of Arden IIills - Public Notice - Ordinance Summary - Ordinance No. 296
Council of the City ot Arden Hills the 28th ChaDter 18 - Peddlers, Solicitors and Transient Merchants
da oi March 1994. which is attached was cut from the columns of said newspaper, and was printed and published once a wcek,
omas er P
for 1 successive weeks• it was first ublished on Tuesdav
Mayor . .
,Attest: the 19 day of April , 1944 , and was thereafter
oroy. erson ' printed and published on every Tuesdav to and inclading the _
City Administrator
(April 79, 1994) Arden Hills Focus News day of , 19 , and printed below is a copy of the
lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind
of type used in the mmposition and publication of the notice:
abcdefghi jklmnopqrstuvwxyz
BY:
T1TLE: Publisher
Acknowledged before me on
this 20 day of April , 1994
Notary Public
C.OLLEftE 0.E2CIlER CJ~OA+E.2ti
NOTARY P lIG - MINNESOTA
HENNEPIN COUNTY
- 6Ny commleion exWreo 10-20-98
RATE INFORMATION
(1) Lowest classiCied rate paid by commercial 51.60
users for comparable space. (Line)
(2) Maximum rate allowed by law for the above matter. S.968
(I.ine) _
(3) Rate actually charged for the above matter. 3.77
(Line)
~
CI'I'Y OF ARDIIN FMIS
NEWRAND[U
L1ATE: Febzvary 24, 1994
T0: Jerry Filla
F'ROM: Brian Fritsi Txjer, Cmm+*,; ty Developient Cooxdinator~ 3~
SEMJECT: TL3I]S1EIlt Marr!hantS DIt31I]3I1CE
Attached you will find a proposed amendment to Chapter 18, Peddlers, of
Arden Hills City Ccde.
I have drafted this oidinance based on correspondence with your office
and review of similar ordinances. Can you please review it and provide
any courrents you may have.
Questions I have:
1. Several neighboring cities chazge fees. You have indicated
this cannot be done. If we undertake a background check can
we than use a fee?
2. Haw can I draft the language to allaw Boy Scouts, Girl
Scouts etc... to sell, but not require them to register with
the City like other iwn-profits?
3. Should the ondinance better describe canvassing?
4. What happens with religious groups who go door to door?
5. Do we create a problem with our sign ordinance under section
18.11?
BF:to
. d • , ~ ~ ~
t/`2
~5 ~
~r?' r
,
CITY OF ARDEN H=
~
tll
1]AZE: Febzuary 9, 1994
TO: Dorothy Perscaz, City Administrator
r ~
~ FRCi~l: BZ'13t1 FY'it8 ~
~~r, c~ity De~nelo~it coordir,ato a
~A sU&7ncr : Transient Me*Y•ha*+ts
Attached you will find a draft proposal for amending Chapter 18,
Peddlers, of Arrlen Hills City Code. I have tried to incorporate those
issues identified by our legal counsel and those we have discussed.
~ The key components of this proposed amendmesit include:
l. Definitions - Now in.clude Peddler, solicitor and transient
merchant.
2. E~ce=tions - For sellers of fazm and garden products, non-profit
organizations and comunity events.
,
3. Registration - Required for evezyone, application includes
photograph of salesperson and criminal background check. While
Mr. Miller's mem indicatedthat a fee is unreasonable all of our
neighboring cities include a fee. This draft includes a fee, but
I have been told by several other cities that any fee is illegal.
4. Miscellaneous - Three day urait. Adininistrative approval. 30 day
maximum length of duratian on permi.t.
5. Hours of operation - 9:00 a.m. to 7:00 p.m. No Sundays.
The proposed ordinance changes several items. In the past, the City did
not allow any for-profit soliciting. This ordinance wculd alloa both
for-profit and non-profit, but it would not require a fee for non-
profit, Mr. Miller has indicated that door-to-door solicitation can not
be prohibited.
I have also been told by a least two other cities the City does have the
ability to not allow any activity. This would need to include both
profit and non-profit. However, I understand this is being or recently
was challenged in court.
BF:to
C:1'I'Y OF ARDFI+T FiMLIS
MEMMUOMM
L1ATE: Marrh 23, 1994
TO: Dorothy Persoai. City Admisiistzator
Fitf,lK: Brian FYitsinger, Crm,*=ty Develapment Coordi=mtor
SUBJDCT: 'IYansient Merchants
Attached you will find a draft proposal for arrresxlang Chapter 18,
Peddlers, of Arden Hills City Code. This ordinance was sent to and
reviewed by Arden Hills legal counsel. While Mr. Filla indicated over
the phone the ordinance looked okay, he has not yet responded in writing
as requested.
The components of this proposed amPxdment are as follows.
1. The cuzYent ordinance does not allow peddlers, solicitors or
tran.sient merchants to undertake door to cbor sales unless
requested or invited to do so by the avner or occupant of a
residence. This proposed oniinance would allaw door to cloor sales
as long as the individual or on3anization has registered with the
City.
2. Definitions - The ordinance has expanded to include peddler,
solicitor and transient merchant.
3. Fxemtions - E~cemptions to the fees for sellers of farm and gan-ien
pmducts, non-profit organizations, comminity events and
school/sport related organizations. Additional changes have been
incorporated to this area which further address concerns raised by
the City Council.
4. Reaistration - This is required for everyone except those exempted
areas identified in Section 18-07. This ord.inance also includes
the ability of the City Council to establish by resolution an
appropriate fee for conducting background checks. No specific
amount has been reconrrended.
5. Hours of Operation - The hours perm;tted are from 9:00 a.m. to
7:00 p.m., 7'days a week.
6. Miscellaneous - The applicant naast exhibit the pezmit to any
resident who requests such permi.t. The ord.inance would be
aclninistratively approved and require a 3 day waiting period for
the necessary background check to be corcpleted. The permit would
expire after a maximum 30 day period.
BF:to
SENT BY:PETERSON FRAM BERGMAN ; 3-28-94 ; 4:22PM ;PETER50N FRAM BERGMA~ 4
W,1ri0I'1 11. f'c:'c:rSUri ~i 4L~U f~1idwe~t F~~ei~~l LSlklltiiilg
Ic~rrrm<, I? 4 ill,i PETL . , >Q FdS# 1'Ihh ctr4't>t
Uiullel WiCt Fram ~-i ~~r `_;l. I'c~ul, N},~i `,',iui ir~
~_Iciii ,A
i ii~~iNn-~an BL~RG~L V
fCflt1 ~lirh.ui MillNr {itl))'~1~ R~)r
IiinolhV I. II_~t~sNti° o ~ ~ ~ I:,i;t~ i r', :"tar-,irrtiiic
iVli~f~ur•I'I. KcnrwLEi A. A[ni1uf11 f~~c•iu;n j:~ilv~r, C,i (:~aunsci
MBrcki 28, 1994
Brian Fritsinger
Comrnunity Developrnent Coardinator
Ci.ty of Arden Hilis
1450 west Hignway 96
Arden H,il1 s, MN 55112
REs Propa$ed RegulationS
Tra,nsient Merahants
Our File No.: 10450/920001
Brian:
The proposed xransient Merchant Regulations appear to be in
proper legal form. I affer the following cornmgnts:
1. We spoke generally about the formatti_ng of the ordinance
and how it would appear in tha Gity Code. Same of those
changes can be made before the ordinance is published.
2. 'rhe busin$ss a£ Transient Merchants and Peddlers is
generally viewed as interstat$ cammerce and, -therefore,
citips are not allowed to assess licenso fees on this
type of activity. Hawever, there have been cases in the
State of Mfnnesota where the court has indicated that the
City cai-i charge $n $dministrative processing fee if it is
reasonable.
3. Th3s type ~f regulatinn should b$ applied unifartr~ally to
al1 those peaple who sol icit door-to-c3oor in order tca
meet constitutionaZ standards. Hourever, moQt cities have
exempted certain categories similar to those contsined in
Sectivn 18-07 of the proposed ordinance. Farm produGe is
covered by a speci.fic; Mirinesota statute and can be
excluded frnm the saliaitirlg regulatians. Garage ar
estate sales ara excluded because thay are nat thought of
as peddling ar soliCiting and are otnerwise regulated by
the Zoning Code and/ar Sig,ri Regulaticyns. Most cities
have exempted nan-prvfit vrganizations as lang as they
follow soma type of registration prpcedure. It is
difficult ta distinguish the Boy Scouts, Uirl Scouts, or
other similar organizations from the "run-Qf-the-mill"
solicitar and it may be legally difficult to support this
type of provision although most oities #.ncl.ude these
terms in their requlations.
~.~,l'. l, I ,',~:J ,11 .,1 M,~A ~~~.21"'1,P..k ..lt. ,D J.:F,
SENT BY,PETERSON PRAM BERGMAN ; 3-28-94 ;4:?3PM ;PETERSON FRAM 6ERGMA- 3! 4
Srian Fritsinger
March 28, 1994
Pege 2
A. I do nat believe thet aEaign wriich indicates that there
shall be "no soliciting" would be in violation of the
City's 5ign Regulations provided that the sign meets the
siza r.equirements of the ardinance. The "na soliciting"
sign wauld appear to fit the category of a".informational
sign" and wauld therefore be allowed in a resident3,a1
zone.
If you have ar,y q+uestions, please contact me.
Very truly yours,
I
~
Jer e P illa
JPF: bap
h,-,rt ~ ho tr~ -
LICENSE3 t t3•87
g 13.93 ARDEN HiLLS CODL
Approuing Body, $ecs. 13-71-18•82. Reeerved.
Department Actiuity or OJ/icer ARTICLE III. LIMITED, TEMPURARY PERMIT$'
Group picnics/camping Perk director and clerk-
administrator Sec. 13•83. Required,
ltinerelnt vendora CitY council Before any pereon shep engage in or operaCe sny activity
Newspaper diatribution lo- Police department end clerk- within the city which ehell be for a limited time period or of
cations administrator e temporary neture ae mentioned and provided far in this
Roadside atanda Clerk-edministratot erticle, he shall first obtain a permit therefor. (Res, No,
(Ord. No. 217, S 17,12-29•80) 76-7, 1-26-76)
Nole-See the editor's nol,e following 1 13-80.
Sec. 13-84. Applicatfon.
Sec. 13-94. Llmit on duration and occasion of garage Any person desiring a permit required by the provisiona
eB~eB' of thie article shall make application therefor to the
Eech bnutique or garage sale at a private home shall he clerk-administrator, (Rea. No. 76-7, 1•26•76)
limited to three (3) days or iess in duretion, and no more
than two (2) such salea shall be permitted to eny one Sec. 13•86. R'e[ver af feee.
homeowner per year. (Ord. No. 217, § 18, 12-29-80) .
Note-See lhe editor'e note foflowing S 13-90• Fees required for permits under the provisions ot this
erticle may be waived by the councii for achools, nonproGt
Sec, 13-96. ltinerant vendore subJect to Chapter 18, organizetiona, governmentsl agenciea, and atmilar inatitu-
' tions or argenizations, provided it firat adopts a resolution
All itinerant vendor permittees shall be subject to the aetting forth the reesons for such waiver. (Res. No. 76-7,
proviaiona of Chepter 18 of thie Code. (Ord. No. 217, § 19, 1-26-76)
12•29-80)
Note-See the editor'e nole tollowing § 13-80• Sec. 13-86. IBauflllCe.
Secs. 13-86-13-100. Reserved. Permits required by the provisions of this article shall be
Editor'e note-Section 20 ot Ord. No. 217, enected Dec. 29, tsao, issued upon payment of such fee as is required for the
repeeled former 1113-96-13-100, which pertained lo perm+t tees for garege particular activity in a resolution frOm time to time adopl.ed
by the council, and approval as provided.herein. (Res. No.
sales, grouQ picnics end cemping, itinerent vendors, newsPaper diAtribul.ion
locations and roadaide aEanda, end derived fram Res. No. 76•7, 2, 3, e, 9 76-7, 1-26-76; Ord. No. 217, § 14, 12-29-80)
and 10, enected Jen. 28,1978•
Sec. 13-87. Uuration.
Permits issued under the provisions of this article shall be
valid for the period of time atated therein, (Res. No. 76•7,
1-26-76)
'Croee refereeoee-Dumping permit, g 11•41 et eeq.; mobile home
(The next page ie 7711 permit, § 14•41 et eeq.; peddlere, § 18-18 et eeq.
8upp. No. 3 750 9upp. No. 3 747
§ 13-88 ARDEN HIL19 CODE LICEN9E3 . 613-93
Sec. 13-88. Additlonal regulatlona. '8eo. 18-92. Activitlee for wblch permit fee aol re-
quired.
The city council mey impose additional regulationa
governing eny permit required by the proviaione of thie The activities for which permit fees ahall nat be required,
article as it may determine to be in the public interest. (Rea. but nevertheless a permit ahall be required, ere es fullows:
No. 76-7. 1-26-76) (a) Installation or construction of courteey benches and
shelters;
Sec. 13-89. Cancelletion.
Any permit isaued under the proviaiona of this ertiGle may (b) Purchase of fireworka end aperation of firewc~rks
be cancelled by the city council if auch canceltation ia ~~sP~aY or program;
determined to be in the public intereat. (Rea. No. 76-7, (c) Boutique or gerage sale;
1-26-76) ' (d) Newapaper distcjbution locatione; and
Sec. 13-90. Permit teee eatablished by reaolution. (e) Casual roadaide stand on owner's property. (Ord. No.
The permit feea for e permit to engege in the folfowing 217, § 16, 12-29-80)
lypes of activitiea ahall be ss established from time to time Nota-3ee the editor's note following f 13•90.
in a resolution adopted by the council: 8ec. 18-93. By whom approvels nre required.
(a) Christmas tree salea; Approval of en epplication for a permit to engage in lhe
following type c~f activity ahall be grented by the bocly,
(b) Circuses snd carnivals; department or officer of the city Indicated acroae tfierefrom
(c) Commercig) advertising diatribution; In the following echedule•
(d) Flea marketa and commercial sidewalk aelea; Approuing Body,
(e) Group picnice and camping; end i Department
(f) ltinerant vendors. (Ord. No. 217, § 15, 12-29-80) Activity or OJjicer Edltor's note-Sectlons 16-19 ot Ord. No. 217, enacted Dec. 29, 1980, Circuaes and carnivela £t1,y tOttriCil
amended ff 13-80 and 13•92-13-95 to read as herein set forth. Formerly Cotnmercial advertising dis- Police departtnent and clerk-
said seclions set forth permit feea end epplication epproval requiremente Lilbutlop adminiatreto~
for Chriatmas tree salee, commerclei advertiring distributfon, coutlesy
benchee end shelters, fireworkr diepley and putchaee, and Ilea marttets and tnst9118tlOd ot construc- Police department and clerk-
commercie) sidewalk teles. 3aid provlaiona derived from Rea. No. 78-7, Sf tlon of courtesy benches adminiatrator
4, 5, 6, 7 end 1l, enocted Jan. 26, 1976. or shelters
F'irewarks purchase/dis- City c~r~ci!
Sec. 13-81. Iteeerved. ptay
Editor's note-Former S 13-91, which pertalned to permit leea and r' (ea markets/commercial C1ty cxlYtluC1l
epplicetiona for circuseA and cernivele, hee been deleted by the editor ea sidewalk sales
being supereeded by the provieione of ¢4 13-80 and 13-93, ae amended by BoUtlQue/get6ge 89l8 at Police department and clerk-
Ord. No. 217. $s 16 and 17, enacted Dec. 29, 1980. The deleled provisions prlvale holtle administrator
derived from Rea. No. 78-7, 1 1, enacted Jen. 26, 1978.
Supp. No. 3 SupR No. 3
748 749