Ord 436 Peddlers, Solicitors, Canvassers, Transient MerchantsCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
ORDINANCE 436 REPEALING ORDINANCE 237
AN ORDINANCE REPEALING TITLE 3, CHAPTER 3 OF THE CITY CODE PERTAINING TO
PEDDLERS, SOLICITORS, CANVASSERS AND TRANSIENT MERCHANTS
The City Council of the City of Mendota Hei hta,K8inneeotoondoinaoafo|kzvve:
City Code Title 3-3 Solicitors and Wagon Vendors is deleted in its entirety and amended and
restated as follows:
SECTION 1: DEFINITIONS.
For the purpose of this ordinance, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
NON-COMMERCIAL DOOR-TO-DOOR ADVOCATE. A person who goes door-to-door for the
primary purpose of disseminating na|igiouo, po|UUoe|, social, or other ideological beliefs.
PEDDLER. A person who goes from houoe-to-houee, door-to-door, busineoo-to-buoineee,
street-to-street, or any other type of place-to-place movement, for the purpose of offering for
ea|e, displaying or exposing for sale, selling or attempting to se||, and delivering immediately
upon sale, the 0ooda, wares, producte, nnenchandiee, or other personal property that the person
is carrying or otherwise transporting. For purpose of this ondinanoe, the term peddler shall have
the same common meaning as the term hawker.
PERSON. Any natural individuo|, group, organization, corporation, partnership, or similar
association.
PROFESSIONAL FUNDRAISER. Any person, includi a corporation or other entity who, for
compensation, performs any solicitations or other services for a religious, political, social.or
other charitable organization.
SOLICITOR/CANVASSER. A person who goes from house-to-house, door-to-door, business-to-
bueineoo, stnae[-to-stneet, or any other type of place-to-place nnoxernant, for the purpose of
obtaining or attempting to obtain orders for gooda, vvanao, pnoducta, nnerchandiaa, other
personal propedv, or services which he or she may be carrying or transporting aernp|ea, or that
may be described in a catalog or by other nnemno, 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.
TRANSIENT MERCHANT. A person who temporarily sets up busines out of a vehicle, trailer,
boxcar, tent, other portable shelter for the purpose of exposing ordisolaying for sale, selling or
attempting to ee||, and delivering goods, wares, oroducto, merchandise, or other personal
property and who does not remain in any one location for more than thirty (30) consecutive
days.
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SECTION 2: PROHIBITED ACTIVITIES.
The following business activities are prohibited in the City of Mendota Heights:
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 or 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 ordinance, the term peddler shall have
the same common meaning as the term hawker.
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.
TRANSIENT MERCHANT. A person who temporarily sets up business out of a vehicle, trailer,
boxcar, tent, other portable shelter 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 thirty (30) consecutive
days.
SECTION 3: EXCEPTIONS TO DEFINITIONS.
For the purpose of this chapter, the terms PEDDLER, PROFESSIONAL FUNDRAISER and
TRANSIENT MERCHANT shall not apply to:
• Non - commercial , door -to -door advocates. Nothing within this ordinance shall be
interpreted to prohibit or restrict non - commercial door -to -door advocates. Persons
engaging in non - commercial door -to -door advocacy shall not be required to register as a
solicitor under Section 4.
• Any person selling or attempting to sell at wholesale any goods, wares, products,
merchandise, or other personal property to a retailer.
• 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.
• 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.
• Any person making deliveries of perishable food and dairy products to the customers on
established delivery routes.
• Any person selling farm produce grown /cultivated in the City of Mendota Heights (e.g.
fruits, vegetables).
• Farmers'. markets on private property with prior approval of the city council.
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)
= Any person making deliveries of newspapers, nexvnkettaro, or other similar pubtications on an
established customer delivery route, when attempting to establish a regular delivery noute, or
when publlcations are delivered to the community at Iarge.
• Any person conducting the type of sale commonly known as garage sales, rummage
oa|ee, or estate sales.
* Any person participating in an organized multi-person bazaar or flea market.
w Any person conducting an auction as a properly Iicensed auctioneer.
w Any officer of the court conducting a court-ordered sale.
w
Temporary greenhouses with prior approval of the city councii
• Charitable Solicitation: Persons soliciting for the purpose of cheritob|e, na|ig|oue,
educational or political organizations if such organization is registered with the Secretary
of State pursuant to the provisions of Minnesota statutes section 309.52 as a charitable
organization or exempted pursuant to the provisions of Minnesota statutes section
309.515.
• Exemption from these definitions shall not, for the scope of this chapter, excuse any
person from complyinQwithany other applicable statutory provision or requirement of
another city ordinance.
SECTION 4: ALLOWED ACTIVITIES REQUIRING REGISTRATION.
8OL|C|TOR/CAN\AGGER.8pemonwhogoeahnmhouae-Uo-houao.door-to-door'bueinaee-to-
bueineea, otneat-to-otreat, or any other type of place-to-place nnovennert, for the purpose of
obtaining or attempting to obtain orders for goodo, vvnneo, producto, nnerohandiee, other
personal property, or services which he or she may be carrying or transporting samples, or that
may be described in a catalog or by other nneano, 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. All Solicitors/Canvassers covered under this section must
provide proof of interstate commerce at time of registration.
SECTION 5: REGISTRATION.
A. Registration shall be made annually by all persons not exempt from registration as
described in Section 3 of this ordinance made on the form required for registration.
B. Individuals who will be engaging in non-commercial door-to-door advocacy shall not be
required to register
SECTION 6: EFFECTIVE DATE.
This ordinance becomes effective on the date of its pub|icoton, or upon the publication of a
summary of the ordinance as provided by Minn. Stat. § 412.191, Subdivision 4, as it may be
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amended from time to time, which meets the requirements of Minnesota Statute Section
331A.01, Subdivision 10, as it may be amended from time to time.
It shall be unlawful for any person to act within the City of Mendota Heights as a
solicitor/canvasser without first registering with the Mendota Heights Police Department in
accordance with the provisions of this chapter. It shalt be unlawful for any person to act within
the City of Mendota Heights as a professional fundroieer, peddler or transient merchant in
accordance with the provisions of this chapter providing they do not meet the requirements for
exemption listed in Section 3 of this chapter.
This ordinance shall be in full force and effect from and after its publication according to law.
Adopted and Ordained into an Ordinance this fifth day of July, 2011.
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Sandie Thone, City Clerk
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sbach, Mayor