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HomeMy WebLinkAboutOrd. 562 - Title 3 RepealCITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA THE CITY COUNICL OF THE CITY OF ANDOVER HEREBY ORDAIN AS FOLLOWS: CITY CODE TITLE 3: BUSINESS AND LICENSE REGULATIONS, CHAPTER 5: TRANSIENT MERCHANTS, PEDDLERS, SOLICITORS AND CANVASSERS SHALL BE REPEALED IN ITS ENTIRETY AND REPLACED AS FOLLOWS: CHAPTER 5 TRANSIENT MERCHANTS, PEDDLERS, SOLICITORS AND CANVASSERS SECTION: 3-5-1: Definitions 3-5-2: Exceptions to Definitions 3-5-3: Licensing 3-5-4: License Exemptions 3-5-5: License Ineligibility 3-5-6: Suspension & Revocation 3-5-7: License Transferability 3-5-8: Registration 3-5-9: Requirements for Specific Licenses & Activities 3-5-10: Prohibited Activities 3-5-11: Exclusion by Placard 3-5-12: Severability 3-5-13: Violation; Penalties 3-5-1: 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. CANVASSER OR SOLICITOR: A person who goes house to house, door to door, business to business, street to street, or any other type of place for the purpose of obtaining or attempting to obtain orders for goods, wares, products, merchandise, other personal property or services of which they 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. CHRISTMAS TREE SALES: A business in the City that is seasonal and consists of selling Christmas trees and wreaths and similar products. 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. For purposes 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. PEDDLER: 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 offering for sale, displaying for exposing for sale, selling or attempting to sell, and delivering immediately upon sale, the goods, wares, products, merchandise, or other personal property that the person is carrying or otherwise transporting. For the purpose of this ordinance, the term peddler shall have the same common meaning as the term hawker. PERSON: Any natural individual, group, organization, corporation, partnership, or similar association. REGULAR BUSINESS DAY: Any day during which Andover City Hall is normally open for the purpose of conducting public business. Holidays defined by state law or days in which Andover City Hall is closed shall not be considered regular business days. MERCHANT: A person who temporarily sets up business out of a vehicle, trailer, boxcar, tent, or other portable shelter, or empty store front for the purpose of exposing for 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 seven (7) consecutive days. A "transient merchant" shall not be construed to mean any person who, while occupying such temporary location, exhibits only samples for the purpose of securing orders for future delivery only. The person so engaged shall not be relieved from complying with the provisions of this Chapter merely by reason of temporarily associating with or conducting such transient business in connection with a local business person. 3-5-2: EXCEPTIONS TO DEFINITIONS: Exemptions 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. For the purpose of this Chapter, the terms Peddler, Solicitor, and Transient Merchant shall not apply to: A. Non-commercial door-to-door advocates. Nothing within this ordinance shall be interpreted to prohibit or restrict non-commercial door-to-door advocates. A person engaging in non-commercial door-to-door advocacy shall not be required to register as a solicitor under this Chapter. B. 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. C. 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. D. Any person making deliveries of perishable food and dairy products to the customers on their established delivery route. E. Any person making deliveries of newspapers, newsletters or other similar publications on an established customer delivery route, when attempting to establish a regular delivery route, or when publications are delivered to the community at large. F. Any person conducting the type of sale commonly known as garage sales, rummage sales, or estate sales. G. Any person participating in an organized multi -person bazar or flea market. H. Any person conducting an auction as a properly licensed auctioneer. Any officer of court conducting a court -ordered sale. 3-5-3: LICENSING A. County License Required: No person shall conduct business as a peddler, solicitor, or transient merchant within the City limits without first having obtained the appropriate license from the County as may be required by Minnesota Statutes Chapter 329 as it may be amended from time to time, if the County issues a license for the activity. B. City License Required: Except as otherwise provided for by this Chapter, no person shall conduct business within this jurisdiction as a peddler, solicitor or a transient merchant without first obtaining a City license. C. Application: An application for a City license to conduct business as a peddler, solicitor 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 provided by the City. 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 conducted 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. 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 agent. 7. Full address of the applicant's regular place of business. 8. Any and all business -related communication methods used by the applicant, including telephone numbers and cellular phones, facsimile (fax) machines, and email addresses. 9. The type of business for which the applicant is applying for a license. 10. The type of license the applicant is applying for. 11. The dates during which the applicant intends to conduct business 12. Any and all 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 their business. 13. A statement as to whether or not the applicant has been convicted within the last five (5) years of any felony, gross misdemeanor or misdemeanor or 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 or solicitor or canvasser. 15. Proof of any required County or State 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 deemed necessary by the City Administrator or their designee. 19. The applicant's driver's license number of 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. 21. If employed, the name and address of the employer, together with credentials establishing the exact relationship. 22. The place where the goods or property proposed to be sold, or orders taken for sale thereof, are manufactured or produced, where such goods or products are located at the time said application is filed, and the proposed method of delivery. 23. A statement of the nature, character, and quality of the goods or merchandise to be sold or offered for sale by the applicant, the invoice value and quantity of such goods and merchandise, whether the same are proposed to be sold from stock in possession or by sample, at auction, by direct sale, or by taking orders for future delivery. 24. A brief statement of the nature, character, and content of the advertising being done or proposed to be done in order to attract customers (samples may be requested). D. 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. E. Procedure: Upon receipt of the completed application and payment of application fees, the City Administrator or their designee, within two (2) regular business days, will determine if the application is complete. An application will be considered complete only if all required information is provided. If the City Administrator or their designee determines that the application is incomplete, they must inform the applicant of the required necessary information that is missing. If the application is complete, the City Administrator or their designee 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 Administrator or their designee must issue the license unless there exists grounds for denying the license under this Chapter, in which case, the City Administrator or their designee must deny the license. If the license is denied, the applicant shall be notified in writing of the decision, the reason for the denial, and the applicant's right to appeal the denial by requesting, within twenty (20) days of receiving notice of rejection, a public hearing before the City Council. The hearing shall be scheduled for the next available regular City Council meeting. F. Duration: All licenses and registrations granted under this Chapter shall be valid only during the time period indicated on the license. G. Licenses issued by the City shall be carried at all times by all persons engaged in licensed activity and shall be immediately presented to any individual requesting to inspect said license. 3-5-4: LICENSE EXEMPTIONS: No person shall be required to obtain a license in the following instances: A. Occupations licensed and/or bonded pursuant to state law. B. A solicitor or canvasser doing business by appointment. C. School children selling items for fundraisers. D. Any product grown, produced, cultivated, or raised on any farm. E. No license shall be required for any person going from house -to -house, door-to- door, business -to -business, street -to -street, or any other type of place -to -place movement for the primary purpose of exercising that person's state or federal constitutional rights such as the freedom of speech, freedom of the press, freedom of religion, and the like. This exemption will not apply if the person's exercise of constitutional rights is merely incidental to what would properly be considered a commercial activity. 3-5-5: LICENSE INELIGIBILITY: The following shall be grounds for denying a peddler or transient merchant license, or a solicitor or canvasser registration: A. The failure of an applicant to obtain and demonstrate proof of having obtained any required County license. B. The failure of an applicant to truthfully provide any information requested by the City as part of the application process. C. The failure of an applicant to sign the license application. D. The failure of an applicant to pay the required fee at the time of application. E. A conviction 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, issuance of a worthless check, and any form of actual or threatened physical harm against another person. F. The revocation within 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. G. When an applicant or business the applicant represents has a bad business reputation. Evidence of a bad business reputation shall include, but is not limited to, the existence of three (3) or more complaints against an applicant with the Better Business Bureau, the Office of 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) or more complaints filed with the City against an applicant or business the applicant represents within the preceding five (5) years. H. The applicant has previously conducted activities covered by this Chapter in the City without a required license or registration in the preceding five (5) years. 3-5-6: SUSPENSION AND REVOCATION A. Basis For Suspension Or Revocation: Any license or registration issued under this chapter may be suspended or revoked at the discretion of the City Administrator or their designee for violation of any of the following: 1. Fraud, misrepresentation or incorrect statements in the application form. 2. Fraud, misrepresentation or false statements made during the course of the licensed activity. 3. Subsequent conviction of any offense which the granting of the license could have been denied. 4. Violation of any provision of this Chapter. 5. Bad business practices as defined under Section 3-5-5 of this Chapter, including three (3) or more complaints filed with the City against an applicant during the duration of the license. B. Multiple Persons Under One License Or Registration: The suspension or revocation of any license or registration issued for the purpose of authorizing multiple persons to operate within the City on behalf of the licensee shall serve as the suspension or revocation of each authorized person's authority to operate on behalf of the licensee whose license or registration is suspended or revoked. C. Notice Requirements: Upon license or registration suspension or revocation as provided in Subsection A of this Section, the City shall provide the license or registration holder with written notice that their license or registration has been suspended or revoked and the findings to support said suspension or revocation. Notice shall be delivered in person or by mail to the address listed on the license application. License or registration suspension or revocation shall be effective the date the notice is placed in the mail. D. Appeal Hearing: Upon receiving the notice provided in Subsection C of this Section, the licensee shall have the right to request a hearing. If no request for a hearing is received by the City Clerk within ten (10) regular business days following the service of the notice, the right to request a hearing is forfeited by the licensee or registrant. For the purposes of mailed notices, service shall be considered complete as of the date the notice is placed in the mail. If a hearing is requested within the stated timeframe, a hearing shall be scheduled for the next available Regular City Council meeting. Within three (3) regular business days of the hearing, the City Council shall notify the licensee or registrant of its decision. License suspension or revocation shall continue to be effective until such time as the City Council notifies the licensee or registrant of its decision, at which point the City Council's decision shall take effect. E. Appeals: Any person whose license or registration is suspended or revoked under this Section shall have the right to appeal that decision to the District Court. 3-5-7: LICENSE TRANSFERABILITY: No license or registration issued under this Chapter shall be transferred to any person other than the person to whom the license or registration was issued. 3-5-8: REGISTRATION: All solicitors and canvassers and any person exempt from the licensing requirements of this Chapter shall be required to register with the City prior to engaging in those activities and shall be required to meet the same requirements as a peddler or transient merchant as required by this Chapter. Registration shall be made on the same form required for a license application provided by the City, but no fee shall be required except for an investigation fee established in the City licensing fee schedule as it may be amended. The City Administrator or their designee shall issue to the registrant a certificate of registration as proof of the registration. Application for registration shall be made at least fourteen (14) regular business days before the applicant desires to begin soliciting or canvassing within the City. Certificates of registration shall be non -transferable. Individuals that will be engaging in non-commercial door-to-door advocacy shall not be required to register. 3-5-9: REQUIREMENTS FOR SPECIFIC LICENSES & ACTIVITIES: A. Transient Merchant Seven Day License: Transient merchants shall first apply for and obtain a transient merchant seven (7) day license pursuant to this Chapter and as set forth herein. All transient merchant seven (7) day licenses are subject to the following: 1. Licenses are valid for a period of seven (7) consecutive days. 2. No applicant shall be issued more than one license during any thirty (30) day period. 3. No license shall be issued unless the application is accompanied by a written consent to the activities signed by the owner of the property upon which the business activity is to be conducted. 4. Transient merchant seven (7) day licenses shall not be issued for activities to occur in any of the following zoning districts: all residential districts. 5. All transient merchants shall immediately remove all materials and debris from the activity location. 6. All transient merchants are required to comply with the requirements of this Chapter. B. Peddler Thirty Day License: Peddlers shall first apply and obtain a peddler thirty (30) day license pursuant to this Chapter and as set forth herein. All peddler thirty (30) day licenses are subject to the following: 1. Licenses are valid for a period of thirty (30) consecutive days. 2. All peddlers are required to comply with the requirements of this Chapter. C. Christmas Tree Sales: Vendor shall first apply for and obtain a Christmas tree sales license pursuant to this Chapter and as set forth herein. All Christmas tree sales vendor licenses are subject to the following: 1. Licenses are valid for a period of thirty (30) consecutive days. 2. Written consent of the owner of the property where the sales will occur. 3. The fee for a Christmas tree sales vendor will be the same as a transient merchant license and shall meet all applicable application requirements as required by this Chapter. 4. Licenses will only be granted for operations in commercial zoning districts and that meet all applicable City Code requirements. 5. All Christmas tree sales vendors are required to comply with the requirements of this Chapter in the same manner as a Transient Merchant. D. Outdoor Food and Beverage Promotion and Sales Event License: 1. Application for License; Duration: An application for a license for outdoor food and beverage promotion shall be applied for and may be granted by the City. The duration of the outdoor food and beverage license shall be no longer than twenty- one (21) days per calendar year at any one location. Licenses may be issued on a per day, per week or per year basis. 2. Document Depicting Sales Area Requirements At Site: A sketch shall be provided which details where said outdoor food and beverage promotion shall be located on the property, indicating lot boundary lines, building locations, setbacks and traffic patterns for both pedestrians and vehicles. Additional information may be required if sufficient documentation is not provided. 3. Vending is not allowed within 150 feet of the property line of any restaurant within the City unless prior written authorization is provided from the restaurant. 4. Vending is not allowed in any City park unless a Park Exclusive Use License has been approved by City Council and issued to an organization or individual. The vendor must have written authorization from said organization or individual when obtaining a City vending license. 5. County License Required: A license from the County Health and Environmental Services Department shall be applied for and granted, and a copy of such license shall be provided to the City at the time said application is completed. 6. Hours: The hours of operation shall be between 7 a.m. and 11 p.m. 7. New License for Each Event: A new license shall be applied for and received for each event, subject to fees as set forth by City Ordinance. 8. Exemptions: Mobile Food Units which are hired to vend on private property for private events and sales that are not made to the general public are not required to get a license. The Mobile Food Units must be fully contained on private property and must comply with all other applicable State Laws and City Codes. 3-5-10: PROHIBITED ACTIVITIES: No peddler, solicitor, transient merchant, non- commercial door-to-door advocate, or other person engaged in similar activities shall conduct business in any of the following manner: A. Calling attention to their business or the items to be sold by 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. B. Obstructing the free flow of traffic, either vehicular or pedestrian, on any street, sidewalk, alleyway, or other public right-of-way. C. Conducting business in a way as to create a threat to the health, safety, and welfare of any specific individual or the general public. D. Conducting business before 9 a.m. or after 8 p.m. E. Failing to provide proof of license, or registration, and identification when requested. F. Using the license or registration of another person. G. 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 having issued a license or certificate of registration to that person. H. Remaining on the property of another when requested to leave. Otherwise operating their business in any manner that a reasonable person would find obscene, threatening, intimidating or abusive. J. Occupy for the purpose of advertising and/or conducting business in any area within a sight triangle on public right-of-way or public property. K. Engaging in any activity without a required license or registration. 3-5-11: EXCLUSION BY PLACARD: Unless specifically invited by the property owner or tenant, no peddler, solicitor, transient merchant, 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 business as a peddler, solicitor, transient merchant, non-commercial door-to-door advocate, or similar activity when the property is marked with a sign or placard that is conspicuously posted stating in effect that no peddlers, solicitors, or transient merchants or other comparable statement. Such signs shall have letters a minimum of one-half inch (1/2") high. 3-5-12: SEVERABILITY: If any provision of this Chapter is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected. 3-5-13: VIOLATION; PENALTIES: Any individual found in violation of any provision of this Chapter shall be guilty of a misdemeanor. All other Titles, Chapters, and Sections of the City Code shall remain as written and adopted by the Andover City Council. Adopted by the City Council of the City of Andover this 161h day of July 2024. ATTEST: CITY OF ANDOV R: Mi helle Hartner, City Clerk Sheri B i , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 562 SUMMARY AN ORDINANCE ORDAINING AMENDMENTS TO CITY CODE TITLE 3: BUSINESS AND LICENSE REGULATIONS, CHAPTER 5: TRANSIENT MERCHANTS, PEDDLERS, SOLICITORS, AND CANVASSERS. STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance amendment is adopted pursuant to the authorization and policies contained in Minnesota Statute 412. Policy The purpose of the Ordinance is to protect the public health, safety, morals and welfare of residents of the City of Andover. The amendments address issues of clarity, consistency and relevance in the City Code relative transient merchants, peddlers, solicitors and canvassers and repeals and replaces the existing City Code with an updated version. GENERAL PROVISIONS AND DEFINITIONS Jurisdiction The provisions of this ordinance shall apply to the City of Andover. Enforcement The City Administrator or his/her designee shall have the authority to enforce the provisions of this ordinance. Interpretation Interpretation of the provisions of this ordinance shall be held to be the minimum requirements and shall be liberally construed in the favor of the governing body. A printed copy of this ordinance is available for inspection by any person during regular hours of the City Clerk. Adopted by the City Council of the City of Andover on this 161 day of July, 2024. ATTEST: n r{ D CITY OF ANDOVER I.� i�P¢ Mi belle Harmer, City Clerk 4SheBoayogre�