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<br />
<br />Memorandum
<br />To: Gem Lake Planning Commission Project Reference: Solicitors Ordinance Review
<br />Copies To: Melissa Lawrence, City Clerk
<br /> Kevin Beck, Attorney TKDA Project No.: 21076.000
<br />From: CJ Sycks, Planner Client No.:
<br /> Evan Monson, Planner
<br />Date: November 5, 2024
<br />
<br />SUBJECT: Discussion regarding the Gem Lake Solicitors Ordinance No. 111
<br />
<br />MEETING DATE: November 12, 2024
<br />
<br />ITEMS REVIEWED: Gem Lake Ordinance No. 111, League of Minnesota Cities Model Ordinance, and
<br />Information Memo
<br />
<br />OVERVIEW
<br />
<br />The City Council has tasked the Planning Commission with reviewing Ordinance No. 111 regarding peddlers,
<br />solicitors, and transient merchants. Ord. No. 111 was adopted on October 19, 2009, and has not been amended
<br />since.
<br />The League of Minnesota Cities (LMC) model ordinance defines each as follows:
<br />
<br />• A peddler is “A person who goes door-to-door for the purpose of offering for sale, displaying for sale,
<br />selling or attempting to sell the goods, wares, products, merchandise, or other property that the person is
<br />carrying or otherwise transporting for delivery immediately upon sale. For purposes of this ordinance, the
<br />term peddler shall have the same common meaning as the term “hawker.”
<br />
<br />• A solicitor is “A person who goes from house-to-house, door-to-door, business-to-business, street-to-
<br />street, or any other type of place-to-place movement, for the purpose of obtaining or attempting to obtain
<br />orders for goods, wares, products, merchandise, other personal property, or services of which he or she
<br />may be carrying or transporting samples, or that may be described in a catalog or by other means, and
<br />for which delivery or performance shall occur at a later time. The absence of samples or catalogs shall not
<br />remove a person from the scope of this provision if the actual purpose of the person’s activity is to obtain
<br />or attempt to obtain orders as discussed above. For purposes of this ordinance, the term solicitor shall
<br />have the same meaning as the term canvasser.”
<br />
<br />• A transient merchant is “A person who temporarily sets up business out of a vehicle, trailer, boxcar, tent,
<br />other portable shelter, or empty store front for the purpose of exposing or displaying for sale, selling or
<br />attempting to sell, and delivering goods, wares, products, merchandise, or other personal property and
<br />who does not remain in any one location for more than fourteen (14) consecutive days”
<br />
<br />CURRENT ORDINANCE
<br />
<br />There are nine prohibited activities listed in the Ordinance. There are no suggested amendments to these
<br />prohibited activities:
<br />
<br />1. Calling attention to his or her activities or the items to be sold by means of blowing any horn or whistle,
<br />ringing any bell, crying out, or by any other noise, so as to be unreasonably audible within an enclosed
<br />structure.
<br />2. Obstructing the free flow of traffic, either vehicular or pedestrian, on any street, sidewalk, alleyway, or
<br />other public right-of-way.
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