Ordinance No. 0797 01-09-1984�
ORDINANCE N0. 797
AN ORDINANCE REOODIFYING 7.fiE FRIDLEY CITY CODE BY ADOPTING
A NEW CHAPTER 14 ENTITLED "PEDDLERS� SOLICITORS, AND
TRANSIENT MERCHANTS"; AND REPEALING OLD CHAPTER 14
ENTITI.ID "PEDDLS" IN ITS ENPIREPY
TfiE CITY COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLL(JFdS:
14.01. STATII�T]T OF POLICY
The City Council of the City of Fridley deems it necessary to
provide for the special and express regulataon of peddlers,
solicitors and transient merchants in order to protect the public
health, safety and general welfare. The Council further finds that
enterprises such as the type described above sometimes lend
themselves to "fly-by-night" and other undesirable operaticns not
normally associated with permanently established local merchants.
14.02.
When used in this Ordinance, the follaaing terms have the following
meanings :
1. Peddler.
Any person, whether a resident of the City of Fric]ley or not, who
goes fram 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, groceries or ice who distribute their
products to regular customers on established routes.
2, Solicitor.
Any person, whether a resident of the City of Fridley or not, who
goes from house to house, from place to place, or from street to
street, soliciting or taking or attenpting to take orders for sale
of goods, wares or merchandise, including magazines, books,
periodicals, or personal property of any nature whatsoever for
future delivery, or for sexvice to be performed in the future,
whether or not such individual has, carries or exposes for sale a
sample of the sub�ect of such order or whether or not he or she is
collecting advance payments on such orders. Such definition
includes any person who, for themselves, or for another person, firm
or corporation, hires, leases, uses ox occupies any building, motor
vehicle, trailer, structure, tent, railroad boxcar, boat, hotel
room, lodging house, apartrnent, shop, or other place with�.n the City
for the primary purpose of exhibiting samples and taking orders for
future delivery.
3. Transient merchant.
Any person, firm, or corporation, whether as owner, agent,
consignee, or emplayee, whether a resident of tYie City of Fric7ley or
�not, who engages in a t�nporary business of selling and delivering
goods, wares and merchandise within the City, and who, in
furtherance of such purpose, hires, leases, uses or occupies any
building, structure, motor vehicle, trailer, tent, railroad boxcar,
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14.02
STAmFn��.vr
OF POLICY
DEFINITIONS
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' boat, public roan in hotels� lodging houses, apartments, shop� or
any street, alley or other place within the City, for the exhihition
and sale of such goods, wares and merchandise, either priv�tely or
at public auction, provided that such definition does not include
any person, firm or corporation who, while occup3ing such temporary
location, does not sell from stock, but exhibits samples for the
purpose of secur�.ng orders for future delivery only. The nerson,
firm or corporation so engaged is relieved frorn conplying with the
provisions of this Ordinance merely by reason of associating
tenporarily with any local dealer, trader, merchant, or auctioneer,
or by conducting such transient business in connection with, as a
part of, or in the name of any local dealer, trader, merchant, or
auctioneer.
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14.03. PERMIT REQUIRF�
It is unlawful for any peddLer, solicitor, or transient merchant to
engage in any such business within the City of Fricley without first
obtaining a permit therefor in compliance with the provisions of
this Ordinance.
14.04. E}�YPPIONS
The texms of this Ordinance do not include residential garage sales
or the acts of persons selling personal property at wholesale to
dealers in such articles, nor to the acts of inerchants ox their
employees in delivering goods in the regular course of business, nor
to persons with bona fide advance residential appointrnents. Nothina
contained in this Ordinance prohibits any sale required by statute
or by order of any court, or prevents any person conducting a bona
fide auction sale pursuant to law.
14.05. APPLICATION
Applicants for a permit under this Ordinance shall file �aith the
City Clerk a sworn application in writing on a form to be furnished
by the City Clerk. The application shall qive the following
information:
1. Name and physical description of applicant;
2. Complete pernkvzent hoqne and local address of. the applicant and,
in the case of transient merchants, the local address fron� which
proposed sales will be made;
3. A brief description of the nature of the business and the yoods
to be sold;
4. The name and address of the enployer, principal or supplier of
the applicant, together with credentials therefrom establishing the
exact relationship;
5, The length of time for which the right to do business is
desired;
' 6. The source of supply of the goods or property proposec� to �e
sold, or orders taken for the sale thereof, where such goods ar
products are located at the ti� said application is filed, and the
proposed method of delivery;
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14.05
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APPLICATION
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� 7. A recent photograph of the applicant which picture shall be
approximately 2" by 2" showing the head and shoulders of the
applicant in a clear and distinguishing manner;
8. The names of at least two (2) property owners of Anoka County,
Minnesota, who will certify as to the applicant's good character and
business xespectability, ox, in lieu of the names of references,
such other available evidence as to the good character and business
responsibility of the applicants as will enable an investigator to
properly evaluate such character and business responsibility;
9. A statement as to whether or not the agplicant has been
convicted of any crime, misdemeanor, or violation of any P4unicipal
Ordinance, other than traffic violations, the nature of the offen�e
and the p�ishment or penalty assessed therefor;
10. The last municipalities, not to exceed three (3), where
applicant carried on business immediately preceding date of
application and the address fram which such business was conducted
in those munici�lities.
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14.06. RELIGIOUS ADID CHARITABLE
1. Any organization, society, association or corporation desiring
to solicit or to have solicited in its name money, donations of
money or property, or financial assistance of any kind or desiring
to sell or distribute any item of literature or merchandise for
which a fee is charged or solicited from persons other than members
of such organizations upon the streets, in office or business
buildings, by house-to-house canvass, or in public places for a
charitable, religious, patriotic, philanthropic or otherwzse
norrprofit purpose shall be exempt from the provisions of Section
14.�5 of this Ordinance gtovided thexe is filed a sworn application
in writing on a form to be furnished by the City Clerk which shall
include the follaaing information:
A. Name and purpose of the cause for which pernit is sought;
B. Nwnes and addresses of the officers and directors of the
organization;
C. Period during which solicitation is to be carried on;
D. Whether or not any commission, fee, wages or emoluments are
to be expended in connection with such solicitation and the
amount thereof;
E. Axticles of incorporation.
2. Upon being satisfied that such organization, �ssociation or
corporation is a religious, charitable, �triotic, philanthropic or
otherwise non-profit organization, the City Clerk shall issue a
permit without charyes to such organization, associatiori or
corporation to solicit in the City. Such organization, association
or corporation shall furnish all of its members, agents, or
representatives, conducting solicitation credentials in writing
stating the name of the organization, name of agent and purpose oi
solicitation.
14.06
RELIGIOUS ADID
Cf3i�StiTABLE
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14.07. INTER.STATE 00l�4'IERCE SOLICI'POR
1. Any organization engaged in the business of saliciting by taking
or attempting to take orders to be filled in the future for goods,
wares, or merchandise delivered to the purchaser from states other
than Minnesota, shall be ex�npt from the provisions of Section 14.05
of this Ordinance, provided there is filed a registration in writing
on a form to be furnished by the City Clerk which shall include
complete information about their organization, each solicitor,
backgrounds and methods of operation.
2. Upon being satisfied that such organization is engaged in
interstate comn�erce solicitation, the Clerk shall issue a�ermit
without charge to such person to solicit in the City. Such
organization shall furnish all of its members, agents, or
representatives, conducting solicitation credentials in writing
stating the name of the organizztion, name of agent and purpose of
solicitation.
14.08. IN�7ESTIGATION ADID ISSUANCE
1. Upon receipt of each application, it shall be referred to the
Public Safety Director who shall immediately institute such
investigation of the applicant's business and moral character as the
Director deens necessary for the protection of the public good and
shall endorse the application in the manner prescribed in this
Section within five (5) days after it has been filed by the
applicant with the City Clerk.
2. If, as a result of such investigation, the applicant's character
or business responsibility is found to be unsatisfactonl, the Public
Safety Director shall endorse on such application his or her
disapproval and reasons for the same, and return the application to
the City Clerk, who shall notify the applicant that this application
is disapproved and that no permit will be issued.
3. If, as a result of such investigation, the character and
business responsibility of the applicant are found to be
satisfactory, the Public Safety Director shall endorse on the
application approval and return the application to the City Clerk,
who shall deliver to the applicant the permit. Such permit shall
contain the signature of the issuing officer and shall show the
name, address and photograph of said permittee, the class of permit
issued and the kinds of goods to be sold thereunder, as well as the
permit nimiber and other identifying description of any vehicle used
in such licensed business. Each peddler� solicitor, or transient
merchant must secure a personal permit. No permit shall be used at
any time by any person other than the one to whom it is issued. The
City Clerk shall keep a permanent record of all Fermits issued as
required by records retention statutes.
14.09. LO[JD NOISFS AAID SPEAKING DEVICES
� No peimittee, nor any person in his or her behalf, shall shout, cry
out, blaa a horn, ring a bell, or use any sound amplifying device
upon any of the streets, alleys, parks or other public places of the
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14.09
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ADID ISSUANCE
LQUD NOISFS ADID
SPEAKING DEVICES
14-4
� City or upon private prenises where sound of sufficient volume is
enitted or procluced therefrom to be capable of being plainly hearc
upon the streets, avenues, alleys, parks, or other public places,
for the purpose of attracting attention to any goods, wares or
merchandise which such permittee proposes to se1L
14.10. OSE OF PUBLIC STREETS OR GRp[TDIDS
No permittee shall have any exclusive right to any loc�tion on the
public streets or grounds, nor shall a permittee be permitted a
stationary location the[eon, nor shall a petmittee be permitted to
operate in a congested area where such operation might impede or
inconvenience the public use of such streets. For the purpose of
this Ordinance, the �udgment of a police officer, exercised in good
faith, shall be deemed conclusive as to whether the area is
congested and the public impeded or inconvenienced.
14.11. EXIiIBITION OE PERMIT
Permittees are required to exhibit their permit at the xequest of
any citizen.
14.12. DUTY OF POLICE TO E[�'ORCE
It shall be the duty of the Police of the City of Fric:].ey to require
any person seen peddling� soliciting or engaging in the business as
a transient merchant and who is not known by such ofiicer to have
� obtained a permit hereunder� to produce a permit and to enforce the
provisions of this Orc3inance against any person found to be
violating the same.
14.13. RECORDS
The Public Safety Director shall report to the City Clerk all
convictions for violation of this Ordinance and the City Clerk shall
maintain a record for each permit issued and record the reports of
violation therein, as required by records retention statutes.
14.14. REVOCATI�7 OE' LICQdSE
1. Permits issued under the provisions of this Ordinance may 6e
revokea by the Council of the City of Fridley after notice and
hearing� for any of the follaaing causes:
A. Fraud, misrepresentation, or incorrect statement contained
in the application for permit;
B. Fraud, misrepresentation, or incorrect stat�nent made in the
course of carxying on his or her business as solicitor, �eddler,
or transient merchant;
C. Any violation of this Ordinance;
D. Conviction of any crime or misde�neanor;
� E. Conducting the business of peddler, solicitor, or transient
merchant, as the case may be, in an unlawful manner or in such a
m��ner as to consti�ute a breach oi peace or to constitute a
menace to health, safety or genexal welfare of the public.
14.14
USE OF POBLIC
STREEPS OR
GRQlAIDS
EXHIBITION
OF PERMIT
A07.'Y OF POLI(�
`it� IIQE'ORCE
�a����
REVOCATI�N
OF LICINSE
14-5
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� 2. Notice of the hearing for revocation of a penait shall be given
by the City Clerk in writing, settinq forth specifically the grounds
of complaint and the ti� and place of hearing. Such notice shall
be mailed, postage prepaid, to the permittee at l�is oc her last
known address at least five (5) days prior to the date set for
hearing, or shall be delivered by a police officer in the same
maruler as a stmmnns at least three (3) days prior to the date set
for hearing.
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14.15. AP�AT,
Any person aggrievec� by the action of the Public Safety Director or
the City Clerk in the denial of a permit as provided in Section
14.08 of tYris Ordinance may appeal to the City Council. Such appeal
shall be taken by fxling with the City Council wit]�in fourteen (14)
days after notice of the action complained of, a written statement
setting forth fully the grounds for the appeal. The Council shall
set a time and place for a hearing on such appeal, and notice of
such hearing shall be given to the appellant in the same manner as
provided in Section 14.14 of this Ordinance for notice of hearing on
revocation.
14.16. REAPPLICATION
No permittee whose permit has been revoked shall make further
application until at least six (6) months have elapsed since the
last previous revocation.
14.17. ZONING COMPLIi1N(�
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Every peddler, solicitor and transient merchant shall be required to
comply with all applicable sections of the City Zoning Code, Chapter
205.
14.18. LI(�7SE PSID LICII�ISE YEAR
The license fee and license year shall be as set farth in Chapter 11
of the City Code.
14.19. PE[�7�.LTIFS
Whoever does any act forbidden by this Ordinance or omits or fails
to do any act required by this Ordinance shall be guilty of a
misdemeanor and is subject to all penalties provided for such
violations under the provisions of Chapter 901 of the Friclley City
Code.
14.20. SEVII3ABILITY
�ery section, provision or part of this Ordinance is declared
separable from every other section, provision or part to the extent
that if any section, provision, or �rt of this Ordinance shall be
held invalid, such holding shall not invalidate any other section,
provision or part thereof.
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14.20
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REAPPLICATION
ZONING
COMPLIANCE
LIC.EA75E AfID
LICII�ISE �'F'•AR
PII��TIES
SEVERABILITY
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� PASSID AND ADbPTID BY THE CITY COi7NCIL OF THE CITY OF FFCIDLEY THIS
9TH DAY OF JAN[JARY, 1984.
�i'C/�a/I�� ��__
WILLIAM J. I�lE - MFIYOR
ATCFST:
� � �
SIDN�Y . INHII�N - CITY Q�ERK
First Reading: December 19, 1983
Second Reading: January 9, 1984
Publish: January 18, 1984
2/8/3/14
C.�I
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Paqe 8-- Ordinance No. 797
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OFFICIAL TITLE AfID SUMp'p1RY
ORDINANCE NC7. 797
I. TITLE
AN ORI7INANCE AD()PTING A I�W Q3AP`PER 14� ENTITLED "PEDDLERS� SOLICITORS� AND
ZRANSIII� I�R(�3ADP15"; AND REPEALING THE OLD CHAFPER 14 II�7PITLID "PIDDLERS" OF
TfiE FRIDLEY CITY O�E IN ITS II�IRE'iY
II. SUMMi�RY
THE 40[TNCIL OF �iIE CITY OF FRIDLEY� MII�PA� ORDAINS:
That the follaving swm��ary shall clearly inform the public of the intent and
effect of changes to the Chapter and shall be published in the offici�l
newsp3per of the City.
A. S`�'A��' OF POLICY
The City Council of the City of Fndley u�eans it necesszry to procide
for the special and express regulation of peddlers, solicitors and
transient merchants in order to protect the public health, safety and
general welfare.
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1. Any peddler, solicitor or transient merchant shall obtain a
permit before engaging in business within the City of Fridley.
2. Written application for the permit, which requests certain
information, shall be filed with the City Clerk.
C. E7�S7FPIONS
1. Persons holding residential garage sa_les, persons sell�ng
personal property at wholesale to dealers, merchants or employees
delivering goods, persons with advance resiaential appointments and
persons conducting bona fide auctions a�e exempt from the terms of
this �rdinance.
2. Religions and charitable organizations seeking to solicit
donations of money or property or to sell items are exempt from
purchasing a permit. An application must be filed wrth the City
Clerk. Upon satisfaction of certain requirenents, � permit shall be
issued free of charge.
3. Interstate commerce solicitors, upon s�tisfaction of certain
requirenents, shall be issued a permit without charge by the City
Clerk.
CJf�
Page 9-- Ordinance No. 797
� D. INf7FSTIGATION
1. The Public Safety Director shall investigate applications and
endorse those applications for permits 4�here the applicant's
character and business responsibilii.y satisfactorily protects the
public good.
2. Records of the endorsed permits and any violations shall be kept
by the City Clerk.
E. REVOCATION OF PERMIT
Permits may 6e revoked by the City Council for various reasans
including fraud, conviction for a crune or misdemeanor, or unl�wful
conduction of business.
I II. IQYPICE
This Title and Stu�u��ary has been published to clearly inform the public of the
intPnt and effect of the City of Fridley Peddlers, Solicitors, and Transient
rterchants Chapter. A coF3 of the Ordinance in its entirety is available for
inspection by any person during regular office hours at the office of the City
Clerk and at the Anoka County Library.
PASSID AND ADOPTID BY 7.fiE CITY COi7NCIL OF THE CITY OF FF2IDLEY THIu 9TI3 DAY OF
� JANUARY, 1983.
V � ��� M1�/ �� —
WILLIAP4 J. NE A4AYOR
ATTEST:
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L. �
SIDNEY . INMAtd - CITY CY FRK
First Reading: December 19, 1983
Second Reading: January 9, 1984
Publish: January 18, 1984
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