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HomeMy WebLinkAboutOrd. 250 - Transient Merchant, Peddler, Canvasser CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 250A .^ill Ordi:Raaee repealing Ordinanee No. 79 adopted .^..priI17, 19&7 a:Rd OrdiRanee No. 79f~ adopted Oetober Hi, 1990. An Ordinance repealing Ordinance 250 adopted February 16. 1999. AN ORDINANCE DEFINING TRANSIENT MERCHANT, PEDDLER, CANVASSER, AND SOLICITOR AND REQUIRING SAID INDIVIDUALS OR ORGANIZATIONS TO COMPLY WITH CERTAIN PROCEDURES WHILE DOING BUSINESS WITHIN THE CITY IN ORDER TO PROVIDE FOR THE PUBLIC WELFARE, AND PROVIDING FOR FEES AND PROHIBITING THE USE OF PUBLIC RIGHTS OF WAY OR PUBLIC PROPERTY FOR CERTAIN ACTIVITIES. The City Council of the City of Andover hereby ordains as follows: Section 1. Definitions. Subd. A. Definitions Canvasser or Solicitor A is-aay person who goes traveling from place to place and/or house to house. door-to-door. business-to business. street-to-street. or any other type of place-to-place for the purpose of obtaining or attempting to obtain orders for goods. wares. products. merchandise. other ?ersonal propertv or services of which he or she may be carrying or transporting samples or that mav be described in a catalog or bv other means. and for which delivery or performance shall occur at a later time. who tal,es orders fer the future delivery of merehandise Elr fer services to be perfElrmed in the furnre, whether or not s\:1eh pefGEln e)fpOSeS a sample or eolleets aavaRce payme:Rts on sach sales; prElvided, howe'ler, that saeIl definitiElBS shall also inelude any person ',yho occupies any temporary strueture yehiele or other plaee for the primary pl:lfPose of exhibiting samples and taking orders for fut1:lre delivery. Peddler A is-aay person who goes from house-to-house. door-to- door. business-to-business. street-to-street or anv other type oftra'leliRg frElm place to place for the purpose of offering for sale. displaying or exposing for sale. selling or attempting to selL and delivery immediatelv upon sale. the goods. wares. products. merchandise or other personal property that the person is carrying or otherwise transporting. and/or hO\:1se to house who earries merehaadise, offcri:Rg and eKposing the same for sale, and makiRg deliyeries to p1:lrehasers, or any person '.yhEl, ',vitho1:R tm'leling from plaee to plaee, shall sell Elr off-cr merchandise for sale fr{)m a yehiele or eORveyaace. Temvorarv Retail Food Establishment Is a retail food establishment that operates at a fixed location for a temporary period of time in connection with a fair, carnival, circus, public exhibiting or similar transitory gathering, including church suppers, picnics or similar organizational meetings, mobile food establishments, and agricultural markets. Transient Merchant Is any person whose business in the City is temporary or seasonal and consists of selling and delivering merchandise within the City, and who in furtherance of such purposes uses or occupies any structure, vehicle, or other place for the exhibition and sale of such merchandise, either privately or at public auction; provided, however, that 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 Ordinance merely by reason of temporarily associating with or conducting such transient business in connection with a local business person. Person Anv natural individual, grouP. organization. corporation. partnership or association. As applied to groups, organizations. corporations. partnerships or associations. the term shall include each member. officer. partner, associate. agent or emplovee. Subd. B. Exception to Definitions 1) For the purpose of the requirements for this ordinance. the terms peddler. solicitor and transient merchant shall not applv to anv person selling or attempting to sell at wholesale any goods. wares. products. merchandise or other personal property to a retailer ofthe items being sold by the wholesaler. The terms shall also not applv to 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 and milk. nor shall thev apply to any person making deliveries of perishable food and dairy products to the customers on his or her established regular delivery route. 2) In addition. persons conducting the type of sales commonlv known as garage sales. or rummage sales. or estate sales as well as those persons Participating in an organized multi-person bazaar or flea market. shall be exempt from the definition of peddler. solicitor. and transient merchant. as shall anvone conducting an auction as a properly licensed auctioneer. or anv officer of the court conducting a court ordered sale. Exemptions from the definitions for the scope of this ordinance shall not excuse anv person from complying with anv other applicable statutory provision or local ordinance. Section 2. License Required. Subd. A. A license shall be required for any peddler, temporary retail food establishment, or transient merchant to operate in the City. The license period shall be as stated herein. sill (6) mamas, .".{ith the elleeptiofl ofteR'lfJorary oatdoor f{lad be'lorago promotions and sales. Subd. B. Licenses and registrations required by this Ordinance mav be denied for any of the following reasons: 1 ) The applicant. or anvone whose activity would be covered by the license or registration. has been convicted of a felonv. grOSS misdemeanor or anv crime of theft. fraud. or issuance of a wortWess check. 2) The applicant has furnished false information in the application. 3) The applicant has previously conducted activities covered bv this ordinance in the Citv of Andover without a required license or registration. 4) The applicant has previously engaged in activities in violation of this ordinance. Subd. C. Transient Merchant Seven Dav License. Transient merchants shall first apply for and obtain a transient merchant seven day license pursuant to Section 6 of this ordinance and as set forth herein. All transient merchant seven dav licenses are subiect to the following: 1) Licenses are valid for a period of seven (7) davs. 2) No applicant shall be issued more than one license during anv thirtv (30) day period. 3) No license shall be issued unless the application is accompanied bv a written consent to the activities signed bv the owner of the propertv upon which the business activitv is to be conducted. 4) Transient merchant seven dav licenses shall not be issued for activities to occur in any of the following zoning districts: all residential districts. 5) No transient merchant shall conduct activities in such a manner to impede. interfere or otherwise obstruct motor vehicle and/or pedestrian traffic. 6) All transient merchants shall immediately remove all materials and debris from the activity location. Subd. D. Peddler thirtv (30) dav license. Peddlers shall first applv for and obtain a peddlers thirty (30) dav license pursuant to Section 6 of this ordinance and as set forth herein. All peddler thirty (30) dav licenses are subiect to the following: 1) Licenses are valid for a period of thirty (30) days. 2) No peddlers shall conduct activities in such a manner to impede. interfere or otherwise obstruct motor vehicle and/or pedestrian traffic and safetv. Section 3. Outdoor Food & Beveral!:e Promotion & Sales - Event License. An application for a license for outdoor food and beverage promotion shall be applied for and may be granted by the City of Andover. The duration of the outdoor food and beverage promotion shall be no longer than ten (10) days. A sketch 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. A license from the Anoka County Health & Environmental Services Department be applied for and granted and copy of such license be provided to the City at the time said application is completed. Said outdoor food and beverage promotion shall occur no more frequently than twice in any calendar year. The hours of operation shall be between 7:00 a.m. and 11 :00 p.m. and shall be mentioned in the license application. A new license shall be applied for and received for each event, subject to fees as set by City Council Resolution. Section 4. Exclusions. No person shall be required to obtain a license in the following instances: 1) Occupations licensed and/or bonded pursuant to State Law. 2) A solicitor or canvasser doing business by appointment. 3) A solicitor or canvasser taking orders for the future door-to-door delivery of newspapers. 4) The selling of goods to retail or wholesale stores or to professional or industrial establishments. 5) The conduct of garage sales or rummage sales. 6) No license shall be required for vendors as a preliminary step to the establishment of a regular route service for the sale and delivery of such commodities or the providing of such services to regular customers. 7) School children selling items for fund-raisers. 8 farm. Section 5. Relil?:ious & Charitable Orl?:anizations/Canvassers and Solicitors. Subd. A. Any organization, society, association or corporation desiring to solicit or 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 otherwise non-profit purpose shall be exempt from Section 6 of this Ordinance, provided a sworn registration application in writing on a form furnished by the City is filed which shall include the following information: I) Name and purpose of the cause for which the license is sought. 2) Names and addresses of the officers and/or directors of the organization. 3) The period during which the solicitation is to be carried on. 4) Whether or not any commissions, fees, wages or emoluments are to be expended in connection with such solicitation. Upon the foregoing being satisfied, such organization, association or corporation shall furnish all its members, agents or representatives conducting the solicitation credentials in writing stating the name of the organization, name of agent, and the purpose of the solicitation. Such credentials shall be kept on the person of the members, agents or representatives during the actual solicitation and be presented to anyone requesting to see same. Subd. B. Every solicitor and canvasser not included within Subdivision A. shall register with the City before conducting business. Registration shall be made on the same form required for a license application. No license fee shall be required. Section 6. Application/Rel!istration/Procedure SuM. A. Application. In addition to such information as the City Clerk may require, the application shall also include: 1) Name and description of the applicant. 2) Permanent home address and full address of the applicant. 3) A briefwritlen description of the nature of the business, other goods to be sold, and the applicant's method of operation. 4) If employed, the name and address of the employer, together with credentials establishing the exact relationship. 5) The length of time which the applicant intends to do business in the City, with the approximate dates. 6) The place where the goods or property proposed to be sold, or orders taken for the 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. 7) A photograph of the applicant, taken within sixty (60) days immediately prior to the date of filing of the application, which picture shall be two (2") inches by two (2") inches showing the head and shoulders of the applicant in a clear and distinguishing manner. 8) A statement as to whether or not the applicant or the person managing the business has been convicted of any crime, misdemeanor or violation of any municipal ordinance, involving activities licensed under this Ordinance, the nature ofthe offense and the punishment or penalty assessed therefore. 9) If a vehicle is to be used, a description of the same together with license number or other means of identification. 10) A statement of the nature, character, and quality of the goods or merchandise to be sold or offered for sale by applicant, the invoice value and quality 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. 11) A brief statement of the nature, character, and content of the advertising done or proposed to be done in order to attract customers (samples may be requested). 12) Credentials from the person, for which the applicant proposes to do business, authorizing the applicant to act as such representative. 13) Transient merchants shall include the addresses of all places where the business is to be located along with written consent of the owners or occupants. Subd. B. Registration. All solicitors. and any person exempt from the licensing requirements of this ordinance. shall be required to register with the city. Registration shall be made on the same form required for license application. but no fee shall be required. Immediatelv upon completion of the registration form, the Citv Clerk shall issue to the registrant. a certificate of registration as proof of the registration. Certificates of registration shall be non-transferable and shall be for a period ofthirtv (30) davs. Subd. C. Procedure. Upon receipt of the completed application and pavment of the license fee. the Citv Clerk, within two (2) regular business davs. must determine if the application is complete. An application is determined to be complete onlv if all required information is provided. If the Citv Clerk determines that the application is incomplete. the City Clerk must inform the apl'licant of the required necessary information that is missing. If the apt;'lication is complete. the City Clerk must order anv investigation. including background checks. necessary to verify the information provided with the application. Within ten (10) regular business davs of receiving a complete application. the City Clerk must issue the license unless there exists grounds for denying the license under this ordinance. in which case the Citv Clerk must denv the license. If the City Clerk denies the license, the applicant shall be notified in writing ofthe decision. the reason for the denial. and the applicants. right to appeal the denial bv requesting. within twenty (20) day of receiving notice ofreiection. a public hearing before the Cit~ Council. The City Council shall hear the appeal within twenty (20) davs of the date of the request. The decision of the City Council following a public hearing can be appealed bv petitioning the Minnesota Court of Appeals for a Writ of Certiorari. Subd. D. Suspension and Revocation. I) Generallv. Anv license issued under this section mav be suspended or revoked at the discretion of the Citv Council for violation of anv of the following: a. fraud. misrepresentation or incorrect statements in the application form: b. fraud. misrepresentation or false statements made during the course of the licensed activitv: c. conviction of any offense for which granting of a license could have been denied. d. violation of anv provision of this chapter. 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 the 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. 3) Notice. Prior to revoking or suspending anv license issued under this chapter, the Citv shall provide the license holder with written notice ofthe 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 bv mail to the address listed on the license application. 4) Public Hearing. Upon receiving the notice provided in Section C, the licensee shall have the right to request a public hearing. If no request for a hearing is received bv the Citv Clerk within ten (I 0) regular business davs following the service of the notice, the Citv mav proceed with a suspension or revocation. For the pUf{Jose of mailed notices. 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 time frame, a hearing shall be scheduled within twen~ (20) davs from the date of the request. Within three (3) regular business da_s of the hearing. the City Council shall notify the licensee of its decision. 5) Emergencv. If, in the discretion of the City Council. imminent harm to the health or safetv to the public mav occur because of the actions of a peddler or transient merchant license under this ordinance, the City Council may immediatelv suspend the person's license and provide notice of the right to hold a subsequent public hearing as prescribed in this Ordinance. 6) Appeals, Anv person whose license is suspended or revoked under this action shall have the right to appeal that decision in Court. Section 7. Prohibited Practices. No person under this Ordinance shall: 1) Sell or solicit before the hour of9:00 a.m. or after 9:00 p.m., unless a previous appointment has been made. 2) Enter or conduct business upon any premises where a sign or plaque is conspicuously posted stating in effect that no peddlers or solicitors are allowed. Such signs shall have letters a minimum of one-half (1/2") inch high. 3) Occupy for the purpose of advertising and/or conducting business any area within a sight triangle, at any road intersection. 4) Occupy as a transient merchant, solicitor or peddler, any public right of way or other public property for the purpose of advertising and/or conducting business. 5) Occupv for purpose of advertising and/or conducting business in anv area without the written consent of the property owner. 6) Engage in anv activity without a required license or registration. Section 8. License Fee. Fees for license shall be as set from time to time by City Council Resolution. Section 9. Penalties. 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 subject to all penalties provided under State law. Adopted by the City Council of the City of Andover on this 17th day of July. 2001. CITY OF ANDOVER ATTEST: ~/Rd~ Michael R. Gamache - Mayor /Id;;A~ t1~ Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE 250B AN ORDINANCE AMENDING ORDINANCE 250A KNOWN AS THE TRANSIENT MERCHANT ORDINANCE. The City Council of the City of Andover hereby ordains as follows; Section 1. Definitions Subd. A. Definitions Christmas Tree Sales - a business in the city that is seasonal and consists of selling Christmas trees and wreaths. Section 2. License Required. Subd. E. Christmas tree sales. Vendor shall first applv for and obtain a Christmas tree sales license pursuant to Section 6 ofthis ordinance and as set forth herein. All Christmas tree sales vendor licenses are subiect to the following; 1) Licenses are valid for a period ofthirtv (30) davs. 2) Written consent of the owner ofthe property where the sales will occur. 3) The fee for a Christmas tree sales vendor will be the same as a Transient Merchant License. 4) Licenses will onlv be granted for operations in commercially zoned districts. Adopted by the City Council of the City of Andover this 20th day of November 2001. CITY OF ANDOVER Attest: ~~~~~ chael R. Gamache - Mayor ,dz..~ ,;J& Victoria V olk - City Clerk " WlLLIAM G. HAWKINS AND ASSOCIATES 2140 Fourth Avenue North Anoka, Minnesota 55303 Bus. (763) 427-8877 Fax (763)421-4213 TELECOPIER TRANSMITTAL DATE: November 16, 2001 TO: FIRM: Vtkki Volk City of Andover FAX II: (763) 755-8923 Bany Sullivan FROM: RE: Transient Merchant Ordinance Amendment TOT AI.. PAGES INCLUDING THIS COVER SHEET: 1 Dear Vlkki: I have reviewed your proposed amendment to the transient merchant ordinance to allow for Christmas tree sales. It looks fine to me. However, I would amend sulxlivision E(4) to read as fonows; "(4) Licenses will only be granted for operations conducted in commercially zoned districts." Thank: you for your attention to this matter. If you have any questions or wish to diSQJss this , please feel free to call. BASltju NOV 16 2001 11:28 763 421 4213 PAGE. 01 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 250 An Ordinance repealing Ordinance No. 79 adopted Aprill7, 1987 and Ordinance No. 79A adopted October 16, 1990. AN ORDINANCE DEFINING TRANSIENT MERCHANT, PEDDLER, CANVASSER, AND SOLICITOR AND REQUIRING SAID INDIVIDUALS OR ORGANIZATIONS TO COMPLY WITH CERTAIN PROCEDURES WHILE DOING BUSINESS WITHIN THE CITY IN ORDER TO PROVIDE FOR THE PUBLIC WELFARE, AND PROVIDING FOR FEES AND PROHIBITING THE USE OF PUBLIC RIGHTS OF WAY OR PUBLIC PROPERTY FOR CERTAIN ACTIVITIES. The City Council of the City of Andover hereby ordains as follows: Section 1. Definitions. Canvasser or Solicitor is any person traveling from place to place and/or house to house who takes orders for the future delivery of merchandise or for services to be performed in the future, whether or not such person exposes a sample or collects advance payments on such sales; provided, however, that such definitions shall also include any person who occupies any temporary structure vehicle or other place for the primary pu..rpose of exhibiting samples and taking orders for future delivery. Peddler is any person traveling from place to place and/or house to house who carries merchandise, offering and exposing the same for sale, and making deliveries to purchasers, or any person who, without traveling from place to place, shall sell or offer merchandise for sale from a vehicle or conveyance. TemlJorarv Retail Food Establishment is a retail food establishment that operates at a fixed location for a temporary period of time in connection with a fair, carnival, circus, public exhibiting or similar transitory gathering, including church suppers, picnics or similar organizational meetings, mobile food establishments, and agricultural markets. Transient Merchant is any person whose business in the City is temporary or seasonal and consists of selling and delivering merchandise within the City, and who in furtherance of such pmposes uses or occupies any structure, vehicle, or other place for the exhibition and sale of such merchandise, either privately or at public auction; provided, however, that a transient merchant shall not be construed to mean any person who while occupying such temporary location, exhibits only samples for the pmpose of securing orders for future delivery only. The person so engaged shall not be relieved from complying with the provisions of this Ordinance merely by reason of temporarily 1 associating with or conducting such transient business in connection with a local business person. Section 2. License Reauired. A license shall be required for any canvasser, peddler, temporary retail food establishment, transient merchant or solicitor to operate in the City. The license period shall be six (6) months, with the exception of temporary outdoor food beverage promotions and sales. Section 3. Outdoor Food & Beverae:e Promotion & Sales. An application for a license for outdoor food and beverage promotion shall be applied for and may be granted by the City of Andover. The duration of the outdoor food and beverage promotion shall be no longer than ten (10) days. A sketch 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. A license from the Anoka County Health & Environmental Services Department be applied for and granted and copy of such license be provided to the City at the time said application is completed. Said outdoor food and beverage promotion shall occur no more frequently than twice in any calendar year. The hours of operation shall be between 7:00 a.m. and 11 :00 p.m. and shall be mentioned in the license application. A new license shall be applied for and received for each event, subject to fees as set by City Council Resolution. Section 4. Exclusions. No person shall be required to obtain a license in the following instances: I) Occupations licensed and/or bonded pursuant to State Law. 2) A solicitor or canvasser doing business by appointment. 3) A solicitor or canvasser taking orders for the future door-to-door delivery or newspapers, 4) The selling of goods to retail or wholesale stores or to professional or industrial establishments. 2 5) The conduct of garage sales or rummage sales. 6) No license shall be required for vendors as a preliminary step to the establishment of a regular route service for the sale and delivery of such commodities or the providing of such services to regular customers. 7) School children selling items for fund-raisers. Section 5. Reli!!:ious & Charitable Or!!:anizations. Any organization, society, association or corporation desiring to solicit or 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 otherwise non-profit purpose shall be exempt from Section 6 of this Ordinance, provided a sworn application in writing on a form furnished by the City is filed which shall include the following information: 1) Name and purpose of the cause for which the license is sought. 2) Names and addresses of the officers and/or directors of the organization, 3) The period during which the solicitation is to be carried on. 4) Whether or not any commissions, fees, wages or emoluments are to be expended in connection with such solicitation. Upon the foregoing being satisfied, such organization, association or corporation shall furnish all its members, agents or representatives conducting the solicitation credentials in writing stating the name of the organization, name of agent, and the purpose of the solicitation. Such credentials shall be kept on the person of the members, agents or representatives during the actual solicitation and be presented to anyone requesting to see same. Section 6. ADDlication. In addition to such information as the City Clerk may require, the application shall also include: 1) Name and description of the applicant. 2) Permanent home address and full address of the applicant. 3 3) A brief written description of the nature of the business, other goods to be sold, and the applicant's method of operation. 4) If employed, the name and address of the employer, together with credentials establishing the exact relationship. 5) The length of time which the applicant intends to do business in the City, with the approximate dates. 6) The place where the goods or property proposed to be sold, or orders taken for the 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. 7) A photograph of the applicant, taken within sixty (60) days immediately prior to the date of filing of the application, which picture shall be two (2") inches by two (2") inches showing the head and shoulders of the applicant in a clear and distinguishing manner. 8) A statement as to whether or not the applicant or the person managing the business has been convicted of any crime, misdemeanor or violation of any municipal ordinance, involving activities licensed under this Ordinance, the nature of the offense and the punishment or penalty assessed therefor. 9) If a vehicle is to be used, a description of the same together with license number or other means of identification. 10) A statement of the nature, character, and quality of the goods or merchandise to be sold or offered for sale by applicant, the invoice value and quality 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. 11) A brief statement of the nature, character, and content of the advertising done or proposed to be done in order to attract customers (samples may be requested). 12) Credentials from the person, for which the applicant proposes to do business, authorizing the applicant to act as such representative. 13) Transient merchants shall include the addresses of all places where the business is to be located along with written consent of the owners or occupants. 4 Section 7. Prohibited Practices. No person under this Ordinance shall: 1) Sell or solicit before the hour of9:00 a.m. or after 9:00 p.m., unless a previous appointment has been made. 2) Enter or conduct business upon any premises where a sign or plaque is conspicuously posted stating in effect that no peddlers or solicitors are allowed. Such signs shall have letters a minimum of one-half (1/2") inch high. 3) Occupy for the purpose of advertising and/or conducting business any area within a sight triangle, at any road intersection. 4) Occupy as a transient merchant, solicitor or peddler, any public right of way or other public property for the purpose of advertising and/or conducting business. Section 8. License Fee. Fees for license shall be as set from time to time by City Council Resolution. Section 9. Penalties. 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 subject to all penalties provided for un,der State law. Adopted by the City Council of the City of Andover on this 16th day ofFebruarv, 1999. CITY OF ANDOVER ATTEST: u~ tfdL Victoria V olk, City Clerk 5 CITY OF ANDOVER COUNTY OF ANOKA STAlE OF MINNESOTA ORDINANCE NO. 250 SUMMARY AN ORDINANCE DEFINING TRANSIENT MERCHANT, PEDDLER, CANVASSER, AND SOLICITOR AND REQUIRING SAID INDIVIDUALS OR ORGANIZATIONS TO COMPLY WITH CERTAIN PROCEDURES WHILE DOING BUSINESS WITHIN THE CITY IN ORDER TO PROVIDE FOR THE PUBLIC WELFARE, AND PROVIDING FOR FEES AND PROHIBITING THE USE OF PUBLIC RIGHTS-OF-WAY OR PUBLIC PROPERTY FOR CERTAIN ACTIVITIES. STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 105, Minnesota Regulations, Parts 6120.2500- 6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462. Policy The purpose of this ordinance is to require a license for any canvasser, peddler, temporary food establishment, transient merchant or solicitor who operates in the City. The ordinance explains the City's licensing requirements, application process and the prohibited practices of said activity. Jurisdiction The provisions of this ordinance shall apply to the City of Andover. Enforcement The City Administrator or hislher designees shall have the authority to enforce the provisions of this ordinance. Interpretation Interpretation of the provision of this ordinance shall be held to be the minimum requirements and shall be liberally construed in the favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by State Statutes. Abrogation and Greater Restrictions It is not the intent of this ordinance to repeal, abrogate, or impair any existing easement, covenants or deed restrictions. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. All other ordinances inconsistent with this ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. A printed copy of this ordinance is available for inspection by any person during regular office hours of the City Clerk and at the Andover Branch of the Anoka County Library. Adopted by the City Council of the City of Andover on this 2nd day of March, 1999. ATTEST: CITY OF ANDOVER ~d~ Victoria V olk, City Clerk f' t lrlG ~~ ' . E. McKelvey, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 250A SUMMARY AN ORDINANCE DEFINING TRANSIENT MERCHANT, PEDDLER. CANVASSER, AND SOLICITOR AND REQUIRING SAID INDNIDUALS OR ORGANIZATIONS TO COMPLY WITH CERTAIN PROCEDURES WHILE DOING BUSINESS WITHIN THE CITY IN ORDER TO PROVIDE FOR THE PUBLIC WELFARE, AND PROVIDING FOR FEES AND PROHIBITING THE USE OF PUBLIC RIGHTS OR WAY OR PUBLIC PROPERTY FOR CERTAIN ACTNITIES. STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statutes 329. Policy The purpose ofthis ordinance is to require transient merchants, peddlers, canvassers and solicitors to comply with certain procedures while doing business within the City of Andover. GENERAL PROVISIONS AND DEFINITIONS Jurisdiction The provisions of this ordinance shall apply to the City of Andover. Enforcement The City Clerk 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 and shall not be deemed a limitation or repeal of any other powers granted by State Statutes. A printed copy of this ordinance is available for inspection by any person during regular office hours of the City Clerk and at the Rum River Branch ofthe Anoka County Library. Adopted by the City Council of the City of Andover this 4th day of September. 2001. CITY OF ANDOVER Attest: ~a:?d~ Michael R. Gamache - Mayor ~ tt./b Victoria V olk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 250A 1'.11 Ordinance r-epea-ling OrdiRlffice No. 79 adopted 1'.prilI7, 1987 and Ordinance No. 791'. adopted October la, 1990. An Ordinance repealing Ordinance 250 adopted February 16. 1999. AN ORDINANCE DEFINING TRANSIENT MERCHANT, PEDDLER, CANVASSER, AND SOLICITOR AND REQUIRING SAID INDIVIDUALS OR ORGANIZATIONS TO COMPLY WITH CERTAIN PROCEDURES WHILE DOING BUSINESS WITHIN THE CITY IN ORDER TO PROVIDE FOR THE PUBLIC WELFARE, AND PROVIDING FOR FEES AND PROHIBITING THE USE OF PUBLIC RIGHTS OF WAY OR PUBLIC PROPERTY FOR CERTAIN ACTIVITIES. The City Council of the City of Andover hereby ordains as follows: Section 1. Definitions. Subd. A. Definitions Canvasser or Solicitor A is--afty person who goes traveling from place to place and.'-or house to house. door-to-door. business-to business. street-to-street. or any other type of place-to-place for the purpose of obtaining or attempting to obtain orders for oods wares roducts merchandise other ersonal ro e or services of which he or she may be carrying or transporting samples or that mav be described in a catalog or by other means and for which deliverv or perfonnance shall occur at a later time. :0 :: ~~ ~O, "'~ "- 601",",>, or~" '" fu< ""'..":::: =".::: :: :' :.~:~~e: or not sueh pemon e)(pose~ ~ sllfill31e or co~lee-ts adv ~ ;;~.:;'h~ == :'; ; =::~ =::~:' ~~ :~:h defimtlORs shall also mc1ade any pc s". = :~ :~r:~::' ~t~:~:'~~cle or ~ther place for the primary p1:li'pose of~){hibi;i~ P ana fakmg arders for futur-e dehvery. Peddler A is--afty person who goes from house-to-house. door-to- door. business-to-business. street-to-street or anv other type of traveling from place to place for the purpose of offering for sale. displaving or exposing for sale. selling or attempting to sell. and deliverv immediatelv upon sale. the goods. wares. products. merchandise or other personal property that the person is carrying or otherwise transporting. ~~~~~~se to hoase who carries merchandise, off~ring and =g~ ~= :~ :a;:, :~~~~~g deliveries to Pllfe1ias~s, or any ~~~~ ~:i;:~~:~:~;~~~ Ham plaeo fa place, shall sell or offer merehandlse for sale a . . Temvorarv Retail Food Establishment Is a retail food establishment that operates at a fixed location for a temporary period of time in connection with a fair, carnival, circus, public exhibiting or similar transitory gathering, including church suppers, picnics or similar organizational meetings, mobile food establishments, and agricultural markets. Transient Merchant Is any person whose business in the City is temporary or seasonal and consists of selling and delivering merchandise within the City, and who in furtherance of such purposes uses or occupies any structure, vehicle, or other place for the exhibition and sale of such merchandise, either privately or at public auction; provided, however, that 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 Ordinance merely by reason of temporarily associating with or conducting such transient business in connection with a local business person. Person Anv natural individual. group, organization, corporation, partnership or association. As applied to groups, organizations, corporations, partnerships or associations, the term shall include each member, officer, partner, associate, agent or emplovee. Subd. B. Exception to Definitions 1) For the purpose of the requirements for this ordinance, the terms peddler, solicitor and transient merchant shall not applv to anv person selling or attempting to sell at wholesale any goods, wares, products, merchandise or other personal propertv to a retailer of the items being sold bv the wholesaler. The terms shall also not applv to 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 and milk, nor shall thev applv to any person making deliveries of perishable food and dairy products to the customers on his or her established regular delivery route. 2) In addition, persons conducting the type of sales commonly known as garage sales, or rummage sales, or estate sales as well as those persons Participating in an organized multi-person bazaar or flea market, shall be exempt from the definition of peddler, solicitor, and transient merchant, as shall anvone conducting an auction as a properlv licensed auctioneer, or anv officer of the court conducting a court ordered sale. Exemptions from the definitions for the scope of this ordinance shall not excuse anv person from complying with any other applicable statutOry provision or local ordinance. Section 2. License Reauired. Subd. A. A license shall be required for any peddler, temporary retail food establishment, or transient merchant to operate in the City. The license period shall be as stated herein. six (€i) mORtRs, ',vita the eJeeeptioR of tempomry omGoor food beverage promotioRs aRd sales. Subd. B. Licenses and registrations required by this Ordinance may be denied for anv of the following reasons: 1) The applicant. or anyone whose activity would be covered by the license or registration, has been convicted of a felonv. grOSS misdemeanor or any crime of theft. fraud. or issuance ofa worthless check. 2) The applicant has furnished false information in the application. 3) The applicant has previouslv conducted activities covered by this ordinance in the City of Andover without a required license or registration. 4) The applicant has previouslv engaged in activities in violation of this ordinance. Subd. C. Transient Merchant Seven Day License. Transient merchants shall first apply for and obtain a transient merchant seven dav license pursuant to Section 6 of this ordinance and as set forth herein. All transient merchant seven dav licenses are subiect to the following: 1) Licenses are valid for a period of seven (7) davs. 2) No applicant shall be issued more than one license during anv thirty (30) day period. 3) No license shall be issued unless the application is accompanied bv a written consent to the activities signed bv the owner of the propertv upon which the business activity is to be conducted. 4) Transient merchant seven day licenses shall not be issued for activities to occur in anv of the following zoning districts: all residential districts. 5) No transient merchant shall conduct activities in such a manner to impede. interfere or otherwise obstruct motor vehicle and/or pedestrian traffic. 6) All transient merchants shall immediately remove all materials and debris from the activity location. Subd. D. Peddler thirty (30) day license. Peddlers shall first applv for and obtain a peddlers thirtv (30) day license pursuant to Section 6 of this ordinance and as set forth herein. All peddler thirty (30) dav licenses are subiect to the following: 1) Licenses are valid for a period of thirty (30) days. 2) No peddlers shall conduct activities in such a manner to impede. interfere or otherwise obstruct motor vehicle and/or pedestrian traffic and safety. Section 3. Outdoor Food & Beveral!e Promotion & Sales - Event License. An application for a license for outdoor food and beverage promotion shall be applied for and may be granted by the City of Andover. The duration of the outdoor food and beverage promotion shall be no longer than ten (10) days. A sketch 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. A license from the Anoka County Health & Environmental Services Department be applied for and granted and copy of such license be provided to the City at the time said application is completed. Said outdoor food and beverage promotion shall occur no more frequently than twice in any calendar year. The hours of operation shall be between 7:00 a.m. and 11 :00 p.m. and shall be mentioned in the license application. A new license shall be applied for and received for each event, subject to fees as set by City Council Resolution.. Section 4. Exclusions. No person shall be required to obtain a license in the following instances: 1) Occupations licensed and/or bonded pursuant to State Law. 2) A solicitor or canvasser doing business by appointment. 3) A solicitor or canvasser taking orders for the future door-to-door delivery of newspapers. 4) The selling of goods to retail or wholesale stores or to professional or industrial establishments. 5) The conduct of garage sales or rummage sales. 6) No license shall be required for vendors as a preliminary step to the establishment of a regular route service for the sale and delivery of such commodities or the providing of such services to regular customers. 7) School children selling items for fund-raisers. 8) Anv product grown, produced. cultivated. or raised on anv farm. Section 5. Relie:ious & Charitable Ore:anizations/Canvassers and Solicitors. Subd. A. Any organization, society, association or corporation desiring to solicit or 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 otherwise non-profit purpose shall be exempt from Section 6 of this Ordinance, provided a sworn registration application in writing on a form furnished by the City is filed which shall include the following information: 1) Name and purpose of the cause for which the license is sought. 2) Names and addresses of the officers and/or directors of the organization. 3) The period during which the solicitation is to be carried on. 4) Whether or not any commissions, fees, wages or emoluments are to be expended in connection with such solicitation. Upon the foregoing being satisfied, such organization, association or corporation shall furnish all its members, agents or representatives conducting the solicitation credentials in writing stating the name of the organization, name of agent, and the purpose of the solicitation. Such credentials shall be kept on the person of the members, agents or representatives during the actual solicitation and be presented to anyone requesting to see same. Subd. B. Every solicitor and canvasser not included within Subdivision A. shall register with the Citv before conducting business. Registration shall be made on the same form required for a license application. No license fee shall be required. Section 6. Application/Ree:istration/Procedure Subd. A. Application. In addition to such information as the City Clerk may require, the application shall also include: 1) Name and description of the applicant. 2) Permanent home address and full address of the applicant. 3) A brief written description of the nature of the business, other goods to be sold, and the applicant's method of operation. 4) If employed, the name and address of the employer, together with credentials establishing the exact relationship. 5) The length oftime which the applicant intends to do business in the City, with the approximate dates. 6) The place where the goods or property proposed to be sold, or orders taken for the 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. 7) A photograph of the applicant, taken within sixty (60) days immediately prior to the date of filing of the application, which picture shall be two (2") inches by two (2") inches showing the head and shoulders of the applicant in a clear and distinguishing manner. 8) A statement as to whether or not the applicant or the person managing the business has been convicted of any crime, misdemeanor or violation of any municipal ordinance, involving activities licensed under this Ordinance, the nature of the offense and the punishment or penalty assessed therefore. 9) If a vehicle is to be used, a description of the same together with license number or other means of identification. 10) A statement ofthe nature, character, and quality ofthe goods or merchandise to be sold or offered for sale by applicant, the invoice value and quality 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. 11) A brief statement of the nature, character, and content of the advertising done or proposed to be done in order to attract customers (samples may be requested). 12) Credentials from the person, for which the applicant proposes to do business, authorizing the applicant to act as such representative. 13) Transient merchants shall include the addresses of all places where the business is to be located along with written consent of the owners or occupants. Subd. B. Registration. All solicitors, and any person exempt from the licensing requirements of this ordinance, shall be required to register with the city. Registration shall be made on the same form required for license application, but no fee shall be required. Immediatelv 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-transferable and shall be for a period ofthirtv (30) davs. Subd. C. Procedure. Upon receipt of the completed application and payment of the license fee. the Citv Clerk. within two (2) regular business days. must determine if the application is complete. An application is determined to be complete onlv if all re~uired information is provided. If the City Clerk determines that the application is incom~lete, the City Clerk must inform the applicant ofthe 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 Citv Clerk must issue the license unless there exists grounds for denving the license under this ordinance, in which case the Citv Clerk must denv the license. If the City Clerk denies the license, the applicant shall be notified in writing of the decision, the reason for the denial. and the applicants. right to appeal the denial bv requesting. within twen 20 da ofreceivin notice ofre'ection a ublic hearin before the Cit, Council. The Citv Council shall hear the appeal within twenty (20) davs of the date of the request. The decision of the City Council following a IJublic hearing can be appealed by petitioning the Minnesota Court of Appeals for a Writ of Certiorari. Subd. D. Suspension and Revocation. I) Generally. Any license issued under this section may be suspended or revoked at the discretion of the City Council for violation of anv of the following: a. fraud, misreIJresentation or incorrect statements in the application form: b. fraud. misrepresentation or false statements made during the course of the licensed activity: c. conviction of any offense for which granting of a license could have been denied. d. violation of anv provision of this chapter. 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 the 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. 3) Notice. Prior to revoking or suspending any license issued under this chapter, the City shall provide the 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 address listed on the license application. 4) Public Hearing. Upon receiving the notice provided in Section C. the licensee shall have the right to request a public hearing. If no request for a hearing is received bv the Citv Clerk within ten (10) regular business davs following the service of the notice. the City mav proceed with a suspension or revocation. For the purpose of mailed notices. 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 time frame. a hearing shall be scheduled within twenty (20) days from the date of the request. Within three (3) regular business davs 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 to the public mav occur because of the actions of a peddler or transient merchant license under this ordinance. the City Council mav immediatelv suspend the person's license and provide notice of the right to hold a subsequent public hearing as prescribed in this Ordinance. 6) Appeals. Anv person whose license is suspended or revoked under this action shall have the right to appeal that decision in Court. Section 7. Prohibited Practices. No person under this Ordinance shall: 1) Sell or solicit before the hour of 9:00 a.m. or after 9:00 p.m., unless a previous appointment has been made. 2) Enter or conduct business upon any premises where a sign or plaque is conspicuously posted stating in effect that no peddlers or solicitors are allowed. Such signs shall have letters a minimum of one-half (1/2") inch high. , 3) Occupy for the purpose of advertising and/or conducting business any area within a sight triangle, at any road intersection. 4) Occupy as a transient merchant, solicitor or peddler, any public right of way or other public property for the purpose of advertising and/or conducting business. 5) Occupv for purpose of advertising and/or conducting business in any area without the written consent of the propertv owner. 6) Engage in anv activitv without a required license or registration. Section 8. License Fee. Fees for license shall be as set from time to time by City Council Resolution. Section 9. Penalties. 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 subject to all penalties provided under State law. Adopted by the City Council of the City of Andover on this 17th day of July, 2001. CITY OF ANDOVER Michael R. Gamache - Mayor ATTEST: Victoria V olk, City Clerk CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA ORDINANCE NO. 250A An Ordinance repealing Ordinance 250 adopted February 16, 1999. AN ORDINANCE DEFINING TRANSIENT MERCHANT, PEDDLER, CANVASSER, AND SOLICITOR AND REQUIRING SAID INDIVIDUALS OR ORGANIZATIONS TO COMPLY WITH CERTAIN PROCEDURES WHILE DOING BUSINESS WITHIN THE CITY IN ORDER TO PROVIDE FOR THE PUBLIC WELFARE, AND PROVIDING FOR FEES AND PROHIBITING THE USE OF PUBLIC RIGHTS OF WAY OR PUBLIC PROPERTY FOR CERTAIN ACTIVITIES. The City Council ofthe City of Andover hereby ordains as follows: Section 1. Definitions. Subd. A. Definitions Canvasser or Solicitor A person who goes house to house, door-to-door, business-to business, street-to-street, or any other type of p1ace-to-place 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. 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 for the purpose of offering for sale, displaying or exposing for sale, selling or attempting to sell, and delivery immediately upon sale, the goods, wares, products, merchandise or other personal property that the person is carrying or otherwise transporting. Temvorarv Retail Food Establishment Is a retail food establishment that operates at a fixed location for a temporary period of time in connection with a fair, carnival, circus, public exhibiting or similar transitory gathering, including church suppers, picnics or similar organizational meetings, mobile food establishments, and agricultural markets. Transient Merchant Is any person whose business in the City is temporary or seasonal and consists of selling and delivering merchandise within the City, and who in furtherance of such purposes uses or occupies any structure, vehicle, or other place for the exhibition and sale of such merchandise, either privately or at public auction; provided, however, that 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 Ordinance merely by reason of temporarily associating with or conducting such transient business in connection with a local business person. Person Any natural individual, group, organization, corporation, partnership or aSSOCIatIOn. As applied to groups, organizations, corporations, partnerships or associations, ' the term shall include each member, officer, partner, associate, agent or employee. Christmas Tree Sales A business in the city that is seasonal and consists of selling Christmas trees and wreaths. (250B, 11/20/01) Subd. B. Exception to Definitions 1) For the purpose of the requirements for this ordinance, the terms peddler, solicitor and transient merchant shall not apply to any person selling or attempting to sell at wholesale any goods, wares, products, merchandise or other personal property to a retailer of the items being sold by the wholesaler. The terms shall also not apply to 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 and milk, nor shall they apply to any person making deliveries of perishable food and dairy products to the customers on his or her established regular delivery route. 2) In addition, persons conducting the type of sales commonly known as garage sales, or rummage sales, or estate sales as well as those persons participating in an organized multi-person bazaar or flea market, shall be exempt from the definition of peddler, solicitor, and transient merchant, as shall anyone conducting an auction as a properly licensed auctioneer, or any officer of the court conducting a court ordered sale. Exemptions from the definitions for the scope of this ordinance shall not excuse any person from complying with any other applicable statutory provision or local ordinance. Section 2. License Required. Subd. A. A license shall be required for any peddler, temporary retail food establishment, or transient merchant to operate in the City. The license period shall be _as stated herein. Subd. B. Licenses and registrations required by this Ordinance may be denied for any of the following reasons~ 1) The applicant, or anyone whose activity would be covered by the license or registration, has been convicted of a felony, gross misdemeanor or any crime of theft, fraud, or issuance of a worthless check. 2) The applicant has furnished false information in the application. 3) The applicant has previously conducted activities covered by this ordinance in the City of Andover without a required license or registration. 4) The applicant has previously engaged in activities in violation of this ordinance. Subd. C. Transient Merchant Seven Day License. Transient merchants shall first apply for and obtain a transient merchant seven day license pursuant to Section 6 of this ordinance and as set forth herein. All transient merchant seven day licenses are subject to the following: 1) Licenses are valid for a period of seven (7) 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 day licenses shall not be issued for activities to occur in any of the following zoning districts: all residential districts. 5) No transient merchant shall conduct activities in such a manner to impede, interfere or otherwise obstruct motor vehicle and/or pedestrian traffic. 6) All transient merchants shall immediately remove all materials and debris from the activity location. Subd. D. Peddler thirty (30) day license. Peddlers shall first apply for and obtain a peddlers thirty (30) day license pursuant to Section 6 of this ordinance 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) days. 2) No peddlers shall conduct activities in such a manner to impede, interfere or otherwise obstruct motor vehicle and/or pedestrian traffic and safety. Subd. E. Christmas tree sales. Vendor shall first apply for and obtain a Christmas tree sales license pursuant to Section 6 of this ordinance 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) 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 a s a Transient Merchant License. 4) Licenses will only be granted for operations in commercially zoned districts. (250B, 11/20/01) Section 3. Outdoor Food & Beverae:e Promotion & Sales - Event License. An application for a license for outdoor food and beverage promotion shall be applied for and may be granted by the City of Andover. The duration of the outdoor food and beverage promotion shall be no longer than ten (10) days. A sketch 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. A license from the Anoka County Health & Environmental Services Department be applied for and granted and copy of such license be provided to the City at the time said application is completed. Said outdoor food and beverage promotion shall occur no more frequently than twice in any calendar year. The hours of operation shall be between 7:00 a.m. and 11 :00 p.m. and shall be mentioned in the license application. A new license shall be applied for and received for each event, subject to fees as set by City Council Resolution. Section 4. Exclusions. No person shall be required to obtain a license in the following instances: 1) Occupations licensed and/or bonded pursuant to State Law. 2) A solicitor or canvasser doing business by appointment. 3) A solicitor or canvasser taking orders for the future door-to-door delivery of newspapers. 4) The selling of goods to retail or wholesale stores or to professional or industrial establishments. 5) The conduct of garage sales or rummage sales. 6) No license shall be required for vendors as a preliminary step to the establishment of a regular route service for the sale and delivery of such commodities or the providing of such services to regular customers. 7) School children selling items for fund-raisers. 8) Any product grown, produced, cultivated, or raised on any farm. Section 5. Reli!!ious & Charitable Or!!anizations/Canvassers and Solicitors. Subd. A. Any organization, society, association or corporation desiring to solicit or 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 otherwise non-profit purpose shall be exempt from Section 6 of this Ordinance, provided a sworn registration application in writing on a form furnished by the City is filed which shall include the following information: I) Name and purpose of the cause for which the license is sought. 2) Names and addresses of the officers and/or directors of the organization. 3) The period during which the solicitation is to be carried on. 4) Whether or not any commissions, fees, wages or emoluments are to be expended in connection with such solicitation. Upon the foregoing being satisfied, such organization, association or corporation shall furnish all its members, agents or representatives conducting the solicitation credentials in writing stating the name of the organization, name of agent, and the purpose of the solicitation. Such credentials shall be kept on the person ofthe members, agents or representatives during the actual solicitation and be presented to anyone requesting to see same. Subd. B. Every solicitor and canvasser not included within Subdivision A, shall register with the City before conducting business. Registration shall be made on the same form required for a license application. No license fee shall be required. Section 6. ADDlication/Ree:istration/Procedure Subd. A. Application. In addition to such information as the City Clerk may require, the application shall also include: 1) Name and description of the applicant. 2) Permanent home address and full address of the applicant. 3) A brief written description of the nature of the business, other goods to be sold, and the applicant's method of operation. 4) If employed, the name and address of the employer, together with credentials establishing the exact relationship. 5) The length oftime which the applicant intends to do business in the City, with the approximate dates. 6) The place where the goods or property proposed to be sold, or orders taken for the 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. 7) A photograph of the applicant, taken within sixty (60) days immediately prior to the date of filing of the application, which picture shall be two (2") inches by two (2") inches showing the head and shoulders of the applicant in a clear and distinguishing manner. 8) A statement as to whether or not the applicant or the person managing the business has been convicted of any crime, misdemeanor or violation of any municipal ordinance, involving activities licensed under this Ordinance, the nature of the offense and the punishment or penalty assessed therefore. 9) If a vehicle is to be used, a description of the same together with license number or other means of identification. 10) A statement of the nature, character, and quality of the goods or merchandise to be sold or offered for sale by applicant, the invoice value and quality 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. 11) A brief statement of the nature, character, and content of the advertising done or proposed to be done in order to attract customers (samples may be requested). 12) Credentials from the person, for which the applicant proposes to do business, authorizing the applicant to act as such representative. 13) Transient merchants shall include the addresses of all places where the business is to be located along with written consent of the owners or occupants. Subd. B. Registration. All solicitors, and any person exempt from the licensing requirements of this ordinance, shall be required to register with the city. Registration shall be made on the same form required for 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-transferable and shall be for a period of thirty (30) days. Subd. C. Procedure. Upon receipt of the completed application and payment of the license fee, the City Clerk, within two (2) regular business days, must determine if the application is complete. An application is determined to be complete only 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. Ifthe 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 there exists grounds for denying the license under this ordinance, in which case the City Clerk must deny the license. Ifthe City Clerk denies the license, the applicant shall be notified in writing of the decision, the reason for the denial, and the applicants, right to appeal the denial by requesting, within twenty (20) day of receiving notice of rejection, a public hearing before the City Council. The City Council shall hear the appeal within twenty (20) days of the date of the request. The decision of the City Council following a public hearing can be appealed by petitioning the Minnesota Court of Appeals for a Writ of Certiorari. Subd. D. 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: a. fraud, misrepresentation or incorrect statements in the application form~ b. fraud, misrepresentation or false statements made during the course of the licensed activity; c. conviction of any offense for which granting of a license could have been denied. d. violation of any provision of this chapter. 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 the 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. 3) Notice. Prior to revoking or suspending any license issued under this chapter, the City shall provide the 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 address listed on the license application. 4) Public Hearing. Upon receiving the notice provided in Section C, 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) regular business days following the service of the notice, the City may proceed with a suspension or revocation. For the purpose of mailed notices, 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 time frame, a hearing shall be scheduled within twenty (20) days from the date of the request. 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 to the public may occur because of the actions of a peddler or transient merchant license 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 this Ordinance. 6) Appeals, Any person whose license is suspended or revoked under this action shall have the right to appeal that decision in Court. Section 7. Prohibited Practices. No person under this Ordinance shall: 1) Sell or solicit before the hour of 9:00 a.m. or after 9:00 p.m., unless a previous appointment has been made. 2) Enter or conduct business upon any premises where a sign or plaque is conspicuously posted stating in effect that no peddlers or solicitors are allowed. Such signs shall have letters a minimum of one-half (1/2") inch high. 3) Occupy for the purpose of advertising and/or conducting business any area within a sight triangle, at any road intersection. 4) Occupy as a transient merchant, solicitor or peddler, any public right of way or other public property for the purpose of advertising and/or conducting business. 5) Occupy for purpose of advertising and/or conducting business in any area without the written consent of the property owner. 6) Engage in any activity without a required license or registration. Section 8. License Fee. Fees for license shall be as set from time to time by City Council Resolution. Section 9. Penalties. 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 subject to all penalties provided under State law. Adopted by the City Council of the City of Andover on this 17th day of Julv, 2001. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria V olk, City Clerk Amended 250B, 11/20/01