Ord 475 Peddlers, Solicitors, Food TrucksCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO. 475
AN ORDINANCE AMENDING SECTION 3-3 OF THE CITY CODE OF THE
CITY OF MENDOTA HEIGHTS, MINNESOTA, DAKOTA COUNTY, CONCERNING
PEDDLERS, SOLICITORS, TRANSIENT MERCHANTS, AND FOOD TRUCKS
The City Council of the City of Mendota Heights, Minnesota, does hereby ordain:
Section 1.
Title 3, Chapter 3 is hereby repealed and replaced.
Section 2.
3-3-1: 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.
PERSON: Any natural individual, group, organization, corporation, partnership, or similar association.
PEDDLER: Any person, whether a resident of the City of Mendota Heights or not, 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 purpose of this chapter, the term "Peddler" shall have the same common
meaning as the term "Hawker."
SOLICITOR: Any person, whether a resident of the City of Mendota Heights or not who goes from house-to-
house, door-to-door, business -to -business, street -to -street, or any other type of place -to -place movement, for the
purpose of obtaining or attempting to obtain orders for goods, wares, products, merchandise, other personal
property, or services of which he or she may be carrying or transporting samples, or that may be described in a
catalog or by other means, and for which delivery or performance shall occur at a later time. The absence of
samples or catalogs shall not remove a person from the scope of this provision if the actual purpose of the
person's activity is to obtain or attempt to obtain orders as discussed above. For purposes of this ordinance, the
term "Solicitor" shall have the same meaning as the tern "Canvasser." For purpose of this ordinance, the term
"Door -to -Door Advocate" shall also fall under the term "Solicitor."
TRANSIENT MERCHANT: Any person, firm or corporation, who temporarily sets up business out of a
vehicle, trailer, boxcar, tent, other portable shelter, or empty store front for the purpose of exposing or
displaying for sale, selling or attempting to sell, and delivering goods, wares, products, merchandise, or other
personal property and who does not remain in any one location for more than fourteen (14) consecutive days.
NON-COMMERCIAL DOOR-TO-DOOR ADVOCATE: Any 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
pamphleting intended for non-commercial purposes.
PROFESSIONAL FUNDRAISER: Any person, including a corporation or other entity, who, for compensation,
performs any solicitations or other services for a religious, political, social, or other charitable organization.
MOBILE FOOD TRUCK: A motorized vehicle or pushcart that is designed and operated for the purpose of
preparing and or selling food and non-alcoholic beverages to the general public within the Industrial Zoning
District or as set forth in 3-3-6(D) of this Chapter..
VENDOR: A person who hawks, peddles, sells or offers food for sale.
Section 3.
3-3-2: EXCEPTIONS TO DEFINITIONS:
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.
B. Any person who makes initial contacts with other people for the purpose of establishing or trying to
establish a regular customer delivery route for the delivery of perishable food and dairy products, such as
baked goods or milk.
C. Any person making deliveries of perishable food and dairy products to the customers on his or her
established delivery route.
D. 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.
E. Any person conducting the type of sale commonly known as garage sales, rummage sales, or estate sales.
F. Any person participating in an organized, multi -person bazaar or flea market.
G. Any person conducting an auction as a properly licensed auctioneer.
H. Any officer of the court conducting a court-ordered sale.
Exemption from these definitions shall not, for the scope of this chapter, excuse any person from complying
with any other applicable statutory provision or requirement provided by another city ordinance.
Section 4.
3-3-3: PROHIBITION OF PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS:
A. Prohibition of Peddlers, Solicitors and Transient Merchants. The practice of going in and upon private
residences in the City of Mendota Heights, by Peddlers, Solicitors and Transient Merchants, not having been
requested or invited to do so by the owner or owners of said private residences for the purpose of 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 or that may be described in a catalog or by other means, and for which delivery or performance
shall occur at a later time, is hereby declared to be a nuisance and punishable as a misdemeanor.
B. Authority of Law Enforcement to Enforce this Ordinance. Law Enforcement for the City of Mendota
Heights are hereby required and directed to suppress the activities of Peddlers, Solicitors and Transient
Merchants and to cite any such nuisance as is described in Section 3-3-3(A).
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Section 5.
3-3-4: EXCEPTIONS TO PROHJBITION OF PEDDLERS, SOLICITORS AND TRANSIENT
MERCHANTS:
For the purpose of this chapter, persons engaging in the following activities shall be exempt from the prohibitory
activities in Section 3:
A. Any person selling, or attempting to sell, or to take or attempt to take orders for, any product grown,
produced, cultivated, or raised on any farm.
B. 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 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.
C. 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 fundraising for a school or religious function or
activity or related service organization for example the Girl Scouts of America, or Boy Scouts of America.
D. Any utility provider licensed or franchised through the City of Mendota Heights attempting to increase their
customer base by attempting to sell to or inform residents or businesses of utility services and/or
promotions.
Section 6.
3-3-5: PROHIBITED ACTIVITIES FOR NON-COMMERCIAL DOOR-TO-DOOR ADVOCATES
AND PROFESSIONAL FUNDRAISERS:
Non -Commercial Door -to -Door Advocates excluded under 3-3-2 of this chapter shall be prohibited from
conducting business in any of the following manner:
A. Calling attention to his or her business or the items to be sold by means of blowing any horn or whistle,
ringing any bell, crying out, or by any other noise, so as to be unreasonably audible within an enclosed
structure.
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 9:00 a.m. or after one-half hour before sunset.
E. Alleging false or misleading statements including untrue statements of endorsement.
F. Remaining on the property of another when requested to leave.
G. Otherwise operating their business in any matter that a reasonable person would find obscene, threatening,
intimidating or abusive.
Section 7.
3-3-6: MOBILE FOOD 'TRUCKS
For purpose of this Chapter, the intent is to regulate how mobile food truck vendors sell food and or non-
alcoholic beverages to the general public within the Industrial Zoning District.
A. Registration Required. Annual registration shall be required for each separate property on which the mobile
food truck vendor operates.
1. It shall be unlawful for any mobile food truck vendor to sell, or offer for sale, any food or beverage
without first registering with the City Clerk, or his/her designee.
Ord #475
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2. Not later than thirty (30) days after filing of a completed application, the applicant shall be notified
of acceptance or denial of registration.
3. The application shall be accompanied by proof of insurance and approval of any and all health
department requirements whether from Dakota County or the State of Minnesota.
4. Mobile food truck vendors shall carry $1,000,000 of combined single limit Bodily Injury and
Property Damage Auto liability, $1,000,000 of General Liability coverage including Products and
Completed Operations. A certificate of insurance shall be provided to the city prior to the issuance
of a permit.
B. Operations requirements. Mobile food truck vendors shall operate under the following conditions:
1. Hours of operation are limited to between 9:00 AM and 2:00 PM.
2. All required licenses must be valid.
3. Vendors shall be parked on private property with the property owner's permission and shall not be
parked within any public street, right-of-way or sidewalk unless said street has been closed for a
special event, as approved by the City Council.
4. Vendors shall be responsible for the proper disposal of waste and trash associated with the
operation. City trash receptacles are not to be used for this purpose. Vendors shall remove all
waste and trash from their location at the end of each day or as needed to maintain the health and
safety of the public. The vendor shall keep all areas within ten (10) feet of the truck clean of grease,
trash, paper, cups or cans associated with their operation. No liquid waste or grease is to be
disposed into tree pits, storm sewer drains or onto sidewalks, streets or other public space. Under
no circumstances shall grease be released into or disposed of into the City's sanitary sewer system.
5. There shall be no audio amplifier or similar device to attract the attention of the public.
6. No tables, chairs or other structures, except those to hold/display condiments, shall be allowed
outside of the food truck within public right-of-way, designated off-street parking spaces, fire lanes,
or driveways. This shall not preclude any existing structures that are on the property.
7. Advertising consisting of business name, logo, and items available for sale may be displayed on the
food truck. No other form of on-site advertising shall be permitted.
8. The mobile food truck owner or his/her designee shall be present at all times except in an
emergency.
C. Location. Mobile food truck vendors may operate within the following zoning district(s): I -Industrial.
D. Special Events. Special events proposed to be located in non -industrial zones of the City may use mobile
food trucks upon registration with the City. Said events shall occur no more frequently than one time per
year. These events must be in compliance with all criteria outlined in Sections A and B above, but changes
in the hours of operation may be considered. Any permission for special event mobile food trucks may be
granted by the City Administrator.
Section 8.
This Ordinance shall be in effect from and after the date of its passage and publication.
Adopted and ordained into an Ordinance this seventh day of April, 2015.
ATTEST
Lorri Smith, City Clerk
Ord #475
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
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