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City of Gem Lake, Ramsey County, Minnesota
<br />Peddlers, Solicitors, and Transient Merchants
<br />Ordinance No. 111
<br />AN ORDINANCE REGULATING THE CONDUCT OF PEDDLERS, SOLICITORS, AND TRANSIENT
<br />MERCHANTS WITHIN THE CITY OF GEM LAKE
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<br />Section 1. Purpose and Intent. The purpose of this Ordinance is to ensure citizens' privacy rights in their homes
<br />and protect residents from fraud and other crimes. This ordinance is intended to regulate the appropriate time, place
<br />and manner of door-to-door or transient business methods employed within the city. This Ordinance shall be applied
<br />without regard to the affiliations or messages of any person engaged in these practices. It is not the intent of this
<br />ordinance to prohibit or place any prior restraint on a person's freedom of speech, religion or association, and any
<br />conflict between this Ordinance and those interests shall be resolved in favor of the speech, religion, or associative
<br />interest.
<br />Section 2. Definitions. Except as may otherwise be provided or clearly implied by context, all terms shall be given
<br />their commonly accepted definitions. For the purpose of this ordinance, the following definitions shall apply unless
<br />the context clearly indicates or requires a different meaning.
<br />1. Door -to -Door. Where used, this term refers to the act of going from house to house, business to business,
<br />street to street, or any other type of place -to -place movement within the City of Gem Lake in furtherance of
<br />activity described within this Ordinance, without prior invitation by the owner or occupant of each of the
<br />places visited for that purpose.
<br />2. Non -Commercial Door -to -Door Advocate. A person who goes door-to-door for the primary purpose of
<br />disseminating religious, political, social, or other ideological beliefs, through personal interaction,
<br />distribution of written materials, or both. For purpose of this ordinance, the term door-to-door advocate
<br />shall fall under the term solicitor and include door-to-door canvassing and pamphleteering intended for
<br />non-commercial purposes.
<br />3. Peddler. A person who goes door-to-door for the purpose of offering for sale, displaying for sale, selling,
<br />or attempting to sell the goods, wares, products, merchandise, or other property that the person is carrying
<br />or otherwise transporting for delivery immediately upon sale. For purposes of this ordinance, the term
<br />peddler shall have the same common meaning as the term "hawker."
<br />4. Person. Any natural individual, group, organization, corporation, partnership, or similar association.
<br />5. Regular Business Day. Any day during which the city hall is normally open for the purpose of conducting
<br />public business. Holidays defined by state law shall not be considered regular business days.
<br />6. Solicitor. A person who goes from house -to -house, door-to-door, business -to -business, street -to -street, or
<br />any other type of place -to -place movement, for the purpose of obtaining or attempting to obtain orders for
<br />goods, wares, products, merchandise, other personal property, or services of which he or she may be
<br />carrying or transporting samples, or that may be described in a catalog or by other means, and for which
<br />delivery or performance shall occur at a later time. The absence of samples or catalogs shall not remove a
<br />person from the scope of this provision if the actual purpose of the person's activity is to obtain or attempt
<br />to obtain orders as discussed above. For purposes of this ordinance, the term solicitor shall have the same
<br />meaning as the term canvasser.
<br />7. Transient Merchant. A person who temporarily sets up business out of a vehicle, trailer, boxcar, tent, other
<br />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 who
<br />does not remain in any one location for more than fourteen (14) consecutive days.
<br />Peddlers, Solicitors, and Transient Merchants Ordinance No. 111
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