HomeMy WebLinkAboutOrdinance No. 111 SolicitorsCity of Gem Lake, Ramsey County, Minnesota
Peddlers, Solicitors, and Transient Merchants
Ordinance No. 111
AN ORDINANCE REGULATING THE CONDUCT OF PEDDLERS, SOLICITORS, AND TRANSIENT
MERCHANTS WITHIN THE CITY OF GEM LAKE
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Section 1. Purpose and Intent. The purpose of this Ordinance is to ensure citizens' privacy rights in their homes
and protect residents from fraud and other crimes. This ordinance is intended to regulate the appropriate time, place
and manner of door-to-door or transient business methods employed within the city. This Ordinance shall be applied
without regard to the affiliations or messages of any person engaged in these practices. It is not the intent of this
ordinance to prohibit or place any prior restraint on a person's freedom of speech, religion or association, and any
conflict between this Ordinance and those interests shall be resolved in favor of the speech, religion, or associative
interest.
Section 2. Definitions. Except as may otherwise be provided or clearly implied by context, all terms shall be given
their commonly accepted definitions. For the purpose of this ordinance, the following definitions shall apply unless
the context clearly indicates or requires a different meaning.
1. Door -to -Door. Where used, this term refers to the act of going from house to house, business to business,
street to street, or any other type of place -to -place movement within the City of Gem Lake in furtherance of
activity described within this Ordinance, without prior invitation by the owner or occupant of each of the
places visited for that purpose.
2. Non -Commercial Door -to -Door Advocate. A person who goes door-to-door for the primary purpose of
disseminating religious, political, social, or other ideological beliefs, through personal interaction,
distribution of written materials, or both. For purpose of this ordinance, the term door-to-door advocate
shall fall under the term solicitor and include door-to-door canvassing and pamphleteering intended for
non-commercial purposes.
3. Peddler. A person who goes door-to-door for the purpose of offering for sale, displaying for sale, selling,
or attempting to sell the goods, wares, products, merchandise, or other property that the person is carrying
or otherwise transporting for delivery immediately upon sale. For purposes of this ordinance, the term
peddler shall have the same common meaning as the term "hawker."
4. Person. Any natural individual, group, organization, corporation, partnership, or similar association.
5. Regular Business Day. Any day during which the city hall is normally open for the purpose of conducting
public business. Holidays defined by state law shall not be considered regular business days.
6. Solicitor. A person who goes from house -to -house, door-to-door, business -to -business, street -to -street, or
any other type of place -to -place movement, for the purpose of obtaining or attempting to obtain orders for
goods, wares, products, merchandise, other personal property, or services of which he or she may be
carrying or transporting samples, or that may be described in a catalog or by other means, and for which
delivery or performance shall occur at a later time. The absence of samples or catalogs shall not remove a
person from the scope of this provision if the actual purpose of the person's activity is to obtain or attempt
to obtain orders as discussed above. For purposes of this ordinance, the term solicitor shall have the same
meaning as the term canvasser.
7. Transient Merchant. A person who temporarily sets up business out of a vehicle, trailer, boxcar, tent, other
portable shelter, or empty store front for the purpose of exposing or displaying for sale, selling or
attempting to sell, and delivering goods, wares, products, merchandise, or other personal property and who
does not remain in any one location for more than fourteen (14) consecutive days.
Peddlers, Solicitors, and Transient Merchants Ordinance No. 111
Section 3. Exceptions to Definitions. For the purpose of this chapter, the terms Peddler, Solicitor, and Transient
Merchant shall not apply to:
1. Non-commercial door-to-door advocates and canvassers. Nothing within this ordinance shall be interpreted
to prohibit or restrict non-commercial door-to-door advocates and canvassers. Person engaging in such
activity shall not be required to register as a solicitor under Section 7.
2. Any person selling or attempting to sell at wholesale any goods, wares, products, merchandise, or other
personal property to a retail seller of the items being sold by the wholesaler.
3. Any person who makes initial contacts with other people for the purpose of establishing or trying to
establish a regular customer delivery route for the delivery of perishable food and dairy products, such as
baked goods or milk.
4. Any person selling products of a farm or garden which that person occupies and cultivates.
5. Any person making deliveries of newspapers, newsletters, or other similar publications on an established
customer delivery route, or when publications are delivered to the community at large, even if the
publications contain advertising or solicitations for a for -profit business.
6. Any person conducting the type of sale commonly known as garage sales, rummage sales, or estate sales.
7. Any person participating in an organized multi -person bazaar or flea market.
8. Any person conducting an auction as a properly licensed auctioneer.
9. Any officer of the court conducting a court -ordered sale.
Exemption from these definitions shall not, for the scope of this chapter, excuse any person from complying with
any other applicable statutory provision or requirement provided by another city ordinance. A person exempt from
these definitions must still obey a placard posted by a property owner or tenant as described in Section 10.
Section 4. Licensing; Exemptions.
1. County License Required. No person shall conduct business as a transient merchant within the city limits
without first having obtained a Transient Merchant License from Ramsey County.
2. City License Required. Except as otherwise provided for by this Ordinance, no person shall conduct
business within the City of Gem Lake as a peddler or a transient merchant without first obtaining a license
from the City. Solicitors need not be licensed but are required to register with the city pursuant to Section 8.
3. Application. An application for a city license to conduct business as a peddler or transient merchant shall
be made at least fourteen (14) regular business days before the applicant desires to begin conducting a
business operation within the city. Application for a license shall be made on a form approved by the City
Council and available from the office of the city clerk. All applications shall be signed by the applicant. All
applications shall include the following information:
1. The applicant's full legal name.
2. Any and all other names under which the applicant has or does conduct business, or to which the
applicant will officially answer to.
3. A physical description of the applicant (hair color, eye color, height, weight, any distinguishing
marks or features, and the like).
4. Full address of applicant's permanent residence.
Peddlers, Solicitors, and Transient Merchants Ordinance No. 111
5. Telephone number of applicant's permanent residence.
6. Full legal name of any and all business operations owned, managed, or operated by applicant, or
for which the applicant is an employee or an agent.
7. Full address of applicant's regular place of business if any exists.
8. Any and all business -related telephone numbers of the applicant, including cellular phones and
facsimile (fax) machines.
9. The type of business for which the applicant is applying for a license.
10. Whether the applicant is applying for an annual or daily license.
11. The dates during which the applicant intends to conduct business. If the applicant is applying for a
daily license, the number of days he or she will be conducting business within the city, with a
maximum of fourteen (14) consecutive days.
12. Any and all addresses and telephone numbers where the applicant can be reached while
conducting business within the city, including the location where a transient merchant intends to
set up his or her business.
13. A statement as to whether or not the applicant has been convicted with the last five (5) years of
any felony, gross misdemeanor, or misdemeanor for violating any state or federal statute or any
local ordinance, other than minor traffic offenses.
14. A list of the three (3) most recent locations where the applicant has conducted business as a
peddler or transient merchant.
15. Proof of any required county license.
16. Written permission of the property owner or the property owner's agent for any location to be used
by a transient merchant.
17. A general description of the items to be sold or services to be provided.
18. Any and all additional information as may be deemed necessary by the City Council.
19. The applicant's driver's license number or other acceptable form of identification.
20. The license plate number, registration information, vehicle identification number (VIN) and
physical description for any vehicle to be used in conjunction with the licensed business operation.
4. Fee. All applications for a license under this chapter shall be accompanied by the fee established in the city
licensing fee schedule as it may be amended from time to time.
5. Procedure. Upon receipt of the application and payment of the license fee, the city clerk will, within two
(2) regular business days, determine if the application is complete. An application will be considered
complete if all required information is provided. If the city clerk determines that the application is
incomplete, the city clerk must inform the applicant of the required, necessary information that is missing.
If the application is complete, the city clerk must order any investigation, including background checks,
necessary to verify the information provided with the application. Within ten (10) regular business days of
receiving a complete application the city clerk must issue the license unless grounds exist for denying the
license application under Section 4, in which case the clerk must deny the request for a city peddler or
transient merchant license. If the city clerk denies the license application, the applicant must be notified in
writing of the decision, the reason for denial and the applicant's right to appeal the denial by requesting,
Peddlers, Solicitors, and Transient Merchants Ordinance No. 111
within twenty (20) days of receiving notice of rejection, a public hearing before the City Council. The City
Council shall hear the appeal with twenty (20) days of the date of the request for a hearing. The decision of
the City Council following the public hearing can be appealed by petitioning the Minnesota Court of
Appeals for a writ of certiorari.
6. Duration. An annual license granted under this ordinance shall be valid for one calendar year from the date
of issuance. All other licenses granted to peddlers and transient merchants under this ordinance shall be
valid only during the time period indicated on the license.
Section 5. License Ineligibility. The following shall be grounds for denying a peddler or transient merchant license:
1. The failure of an applicant to obtain and demonstrate proof of having obtained any required county license.
2. The failure of an applicant to truthfully provide any information requested by the city as part of the
application process.
3. The failure of an applicant to sign the license application.
4. The failure of an applicant to pay the required fee at the time of application.
5. A conviction with the past five (5) years of the date of application for any violation of any federal or state
statute or regulation, or of any local ordinance, which adversely reflects upon the person's ability to
conduct the business for which the license is being sought in a professional, honest and legal manner. Such
violations shall include, but are not limited to, burglary, theft, larceny, swindling, fraud, unlawful business
practices, and any form of actual or threatened physical harm against another person.
6. The revocation with the past five (5) years of any license issued to an applicant for the purpose of
conducting business as a peddler, solicitor, or transient merchant.
7. Established bad business reputation. Evidence of a bad business reputation shall include, but is not limited
to, the existence of more than three (3) complaints against an applicant with the Better Business Bureau, the
Office of the Minnesota Attorney General or other state attorney general's office, or other similar business
or consumer rights office or agency, within the preceding twelve (12) months, or three (3) complaints filed
with the City against an applicant within the preceding five (5) years.
Section 6. License Suspension and Revocation
1. Generally. Any license issued under this section may be suspended or revoked at the discretion of the City
Council for violation of any of the following:
1. Subsequent knowledge by the city of fraud, misrepresentation or incorrect statements provided by
an applicant on the application form.
2. Fraud, misrepresentation, or false statements made during the course of the licensed activity.
3. Subsequent conviction of any offense to which the granting of the license could have been denied
under Section 4.
4. Engaging in any prohibited activity as provided under Section 8 of this ordinance.
5. Violation of any other provision of this ordinance.
2. Multiple Persons Under One License. The suspension or revocation of any license issued for the purpose
of authorizing multiple persons to conduct business as peddlers or transient merchants on behalf of the
licensee shall serve as a suspension or revocation of each authorized person's authority to conduct business
as a peddler or transient merchant on behalf of the licensee whose license is suspended or revoked.
Peddlers, Solicitors, and Transient Merchants Ordinance No. 111
3. Notice. Prior to revoking or suspending any license issued under this chapter, the city shall provide a
license holder with written notice of the alleged violations and inform the licensee of his or her right to a
hearing on the alleged violation. Notice shall be delivered in person or by mail to the permanent residential
address listed on the license application, of if no residential address is listed, to the business address
provided on the license application.
4. Public Hearing. Upon receiving the notice provided in section 6.3, the licensee shall have the right to
request a public hearing. If no request for a hearing is received by the city clerk within ten (10) days
following the service of the notice, the city may proceed with the suspension or revocation. For the purpose
of a mailed notice, service shall be considered complete as of the date the notice is placed in the mail. If a
public hearing is requested within the stated timeframe, a hearing shall be scheduled within twenty (20)
days from the date of the request for the public hearing. Within three (3) regular business days of the
hearing, the City Council shall notify the licensee of its decision.
5. Emergency. If, in the discretion of the City Council, imminent harm to the health or safety of the public
may occur because of the actions of a peddler or transient merchant licensed under this ordinance, the City
Council may immediately suspend the person's license and provide notice of the right to hold a subsequent
public hearing as prescribed in section 6.4.
6. Appeal. Any person whose license is suspended or revoked under this section shall have the right to appeal
that decision in court.
Section 7. License Transferability. No license issued under this chapter shall be transferred to any person other
than the person to whom the license was issued.
Section 8. Registration.
1. All solicitors shall be required to register with the city prior to engaging in those activities. Registration
shall be made on the same form required for a license application, but no fee shall be required. Immediately
upon completion of the registration form, the city clerk shall issue to the registrant a certificate of
registration as proof of the registration. Certificates of registration shall be non-transferrable.
2. Individuals that will be engaging in canvassing or non-commercial door-to-door advocacy shall not be
required to register.
Section 9. Prohibited Activities. No peddler, solicitor, canvasser, transient merchant, non-commercial door-to-door
advocate, or other person engaged in other similar activities shall conduct business in any of the following manner:
1. Calling attention to his or her activities or the items to be sold by means of blowing any horn or whistle,
ringing any bell, crying out, or by any other noise, so as to be unreasonably audible within an enclosed
structure.
2. Obstructing the free flow of traffic, either vehicular or pedestrian, on any street, sidewalk, alleyway, or
other public right-of-way.
3. Conducting themselves or their business in a way as to create a threat to the health, safety, and welfare of
any specific individual or the general public.
4. Conducting business before 8 a.m. or after 8 p.m.
5. Failing to provide proof of license, or registration, and identification when requested.
6. Using the license or registration of another person.
Peddlers, Solicitors, and Transient Merchants Ordinance No. 111
7. Alleging false or misleading statements about the products or services being sold, including untrue
statements of endorsement. No peddler, solicitor, or transient merchant shall claim to have the endorsement
of the city solely based on the city having issued a license or certificate of registration to that person.
8. Remaining on the property of another when requested to leave.
9. Otherwise conducting themselves or operating their business in any manner that a reasonable person would
find obscene, threatening, intimidating or abusive.
Section 10. Exclusion by Placard. Unless specifically invited by the property owner or tenant, no peddler, solicitor,
transient merchant, canvasser, non-commercial door-to-door advocate, or other person engaged in other similar
activities shall enter onto the property of another for the purpose of conducting such business when the property is
marked with a sign or placard that is:
1. At least four inches long;
2. At least four inches wide;
3. With print of at least 48 point in size;
4. Which states "No Peddlers, Solicitors or Transient Merchants," "Peddlers, Solicitors, and Transient
Merchants Prohibited," or other comparable statement.
No person other than the property owner or tenant shall remove, deface, or otherwise tamper with any sign or
placard under this section.
Section 11. Penalty. Any individual found in violation of any provision of this ordinance, including disobedience of
a property placard, shall be a guilty of a misdemeanor.
Section 12. Severability. If any provision of this ordinance is found to be invalid for any reason by a court of
competent jurisdiction, the validity of the remaining provisions shall not be affected.
Section 13. Enactment. This Ordinance 111 is placed in full force and effect on November 19, 2024, by a 5-0 vote
of the City Council of the City of Gem Lake.
Adopted by the City Council of the City of Gem Lake, Minnesota on the 19th of November 2024.
Gretchen Artig-Swomley, Mayor
Melissa Lawrence, Acting City Clerk
Peddlers, Solicitors, and Transient Merchants Ordinance No. 111
City of Gem Lake, Ramsey County, Minnesota
Peddlers, Solicitors, and Transient Merchants
Ordinance No. 111
This ordinance regulating the conduct of peddlers, solicitors, and transient merchants within the City of Gem Lake
was originally enacted by the City on October 19, 2009. Since that time, the City Council has made amendments to
the Ordinances in keeping with changes in State law and the wishes of the community. The following table indicates
the original Ordinances and the said amendments.
Ordinance
Description
Enactment
111
An ordinance regulating the conduct of peddlers, solicitors, and
transient merchants within the City of Gem Lake.
19 October 2009
111
Amending to update and revise definitions, grammar, and formatting.
19 November 2024
Peddlers, Solicitors, and Transient Merchants Ordinance No. 111