Ord 569 Amend Code Allow for Peddlers, Solicitors, Transient MerchantsCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO. 569
AMENDING TITLE 3, CHAPTER 3, OF THE MENDOTA HEIGHTS CITY CODE
REGARDING THE PEDDLERS, SOLICITORS, TRANSIENT MERCHANTS
The City Council of the City of Mendota Heights, Minnesota, does hereby ordain:
Section 1.
Mendota Heights City Code Title 3, Chapter 3, Sections 1 through 5 is hereby deleted in its entirety and
replaced as follows:
3-3-1: PURPOSE:
To protect the public's health, safety and welfare, the city deems it necessary to regulate door-to-door or street
solicitation through a licensing or registration process.
3-3-2: DEFINITIONS:
For the purposes of this Chapter the terms defined in this Section have the meanings ascribed to them:
MOBILE FOOD TRUCK: A motorized vehicle or trailer that is designed and operated for the purpose of
preparing and/or selling food and nonalcoholic beverages to the general public.
PEDDLER: Any person who goes door to door to residences, or business to business, for the purpose
of selling or attempting to sell, and delivering immediately upon the sale, the goods or merchandise
that the person is carrying.
PROFESSIONAL FUNDRAISER: Any person, including a corporation or other entity, who, for compensation,
performs any solicitations or other services for a religious, political, social, non-profit, or other charitable
organization.
REGULAR BUSINESS DAY: Any day during which the city hall is normally open for public business. Holidays
defined by state law shall not be considered regular business days.
SOLICITOR: Any person who goes door to door to residences, or business to business, for the purpose
of obtaining or attempting to obtain orders for goods or merchandise including books, periodicals,
magazines or personal property of any nature whatsoever for future delivery.
TRANSIENT MERCHANT: Any person, firm or corporation who engages temporarily in the business of
selling and delivering goods or merchandise, and who, in furtherance of such purpose, hires, leases, uses
or occupies any building, structure, vacant lot, motor vehicle, or trailer.
3-3-3: EXCEPTIONS TO DEFINITIONS:
For the purposes of this Chapter, the terms peddler, solicitor, and transient merchant shall not apply to:
A. Non-commercial soliciting, including door to door canvassing and pamphleting intended for
noncommercial purposes.
B. Canvassing, soliciting, or fund raising for the purpose of a charitable organization if the organization is
registered with the Minnesota attorney general.
C. Fundraising for a school, religious, or service organization.
D. Newspaper/magazine carriers.
E. Merchants delivering goods in the regular course of business when the delivery occurs at the
customer's home or place of business.
F. Persons who sell products of the farm or garden occupied, grown or cultivated by such person.
G. Persons who conduct garage sales, rummage sales, estate sales, or flea markets.
H. Auctions conducted by a licensed auctioneer or an officer of the court conducting a court -ordered sale.
I. Persons who are exercising their state or federal constitutional rights such as the freedom of speech,
freedom of the press, freedom of religion, and the like.
J. Any utility provider who has a franchise agreement with the City of Mendota Heights attempting to
increase their customer base.
3-3-4: LICENSE REQUIRED FOR PEDDLERS AND TRANSIENT MERCHANTS AND LICENSE
FEE:
No peddler or transient merchant shall sell or offer for sale any goods or merchandise within the City without
first obtaining a city license. Each peddler or transient merchant shall secure a separate license.
The City Council shall establish the license fee for peddlers or transient merchants in the fee schedule. No
refunds shall be made on unused portions of licenses.
3-3-5: REGISTRATION REQUIRED FOR SOLICITORS AND PROFESSIONAL FUNDRAISERS:
No solicitor shall take orders for any goods or merchandise within the City without first registering with the city.
No professional fundraiser shall perform any solicitations or other services within the city without first registering
with the city. No fee will be charged for solicitors and professional fundraisers registering with the city.
3-3-6: LICENSE AND REGISTRATION FORM:
The application for a license shall be made to the City Clerk on a form supplied by the City at least fifteen (15)
regular business days before the start of business.
Registration with the city shall be made to the City Clerk on a form supplied by the City.
The license application and registration form shall state:
A. Applicant's name, former names, current address, date of birth, telephone number, and state issued
identification number.
B. The places of residence of the applicant for the previous five (5) years;
C. A physical description of the applicant (hair color, eye color, height, weight, distinguishing marks)
D. Full legal name of the business operation for which the applicant is peddling, soliciting, or selling for,
and the permanent address and phone number of the business;
E. The dates during which the applicant intends to conduct business;
F. A statement as to whether or not the applicant has been convicted with the last five (5) years of any
felony, gross misdemeanor or misdemeanor for violating any state or federal statute or any local
ordinance, other than minor traffic offenses;
G. A list of the three (3) most recent municipalities, if any, where the applicant has conducted business;
H. Proof of any required county license;
For a transient merchant, the address where the business is to be located;
J. Written permission from the property owner for the location to be used by a transient merchant;
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K. A general description of the items to be sold or services to be provided;
L. Descriptions and license plate numbers of all vehicles to be used;
M. Any additional information deemed necessary by the City Clerk;
N. Signature of applicant.
3-3-7: BACKGROUND INVESTIGATION:
For peddlers and transient merchants, the applicant must authorize the Mendota Heights Police Department to
investigate all facts set out in the application and conduct a personal background and criminal record check.
The applicant shall further authorize the Police Department to release information received from such
investigation to the City Clerk. Should the City deny the applicant's request for a license due, partially or solely,
to the applicant's prior conviction of a crime, the City Clerk shall notify the applicant, in writing, of the following:
1. The grounds and reasons for the denial;
2. The applicable complaint and grievance procedure set forth in Minnesota Statute Section 364.06;
3. That all competent evidence of rehabilitation will be considered upon reapplying.
When all of the requirements of this Chapter have been met, the Clerk shall issue a license.
3-3-8: HOURS ALLOWED:
Peddlers, solicitors, professional fundraisers, and transient merchants are allowed to conduct business between
the hours of 9:00 am to one-half hour before sunset.
3-3-9: CERTAIN SALES PROHIBITED:
No peddler, solicitor, professional fundraiser, or transient merchant shall sell or solicit orders for goods or
services which are otherwise illegal.
3-3w% DURATION OF LICENSE AND REGISTRATION:
Each peddler license and solicitor or professional fundraiser registration shall be valid from the date of approval
and expire on December 31 of the year issued.
Each transient merchant license shall be valid for one fourteen (14) consecutive day period, per year.
3-3-11: LICENSE NOT TRANSFERABLE:
All licenses shall be nontransferable.
3-3A2: LICENSE TO BE CARRIED:
Each peddler shall carry a city license. A license shall be conspicuously posted in a transient merchant's place
of business. The license shall be exhibited to any officer or citizen upon request.
All peddlers, solicitors, professional fundraisers, and transient merchants shall wear a badge showing their
name and company working for, if applicable.
3-3-13: PRACTICES PROHIBITED:
No peddler, solicitor, professional fundraiser, or transient merchant shall call attention to their business or to
their merchandise by crying out, by blowing a horn, or ringing a bell, or by any loud or unusual noise.
3-3-14: REVOCATION:
Any license may be revoked by the Council for a violation of any provision of this Chapter if the licensee has
been given a written notice and been informed of their right to a hearing. Notice of revocation will be delivered
in person or by mail to the permanent residential address listed on the application. If no residential address is
listed, the notice will be delivered to the business address provided on the application.
Upon receiving the notice of revocation, the licensee shall have the right to request a public hearing before the
City Council. If no request for a hearing is received by the city clerk within ten (10) regular business days
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following the date on the notice, the city may proceed with the revocation. If a public hearing is requested, a
hearing shall be scheduled within twenty (20) regular business days from the date of the request or the next
regularly scheduled City Council meeting. Within three (3) regular business days after the hearing, the City
Council shall notify the licensee of its decision.
If, in the discretion of the Chief of Police, imminent harm to the health or safety of the public may occur because
of the actions of a peddler or transient merchant licensed under this ordinance, the Chief of Police may
immediately suspend the license and provide notice of the right to a public hearing.
Any person whose license is revoked under this section shall have the right to appeal that decision in court.
3-3-15: EXCLUSION BY PLACARD:
Unless specifically invited by the property owner or tenant, no peddler, solicitor, professional fundraiser,
transient merchant, or other person engaged in similar activities shall enter onto the property of another for the
purpose of conducting business when the property is marked with a sign or placard that is at least four inches
long and four inches wide, with print of at least 48 point in size, stating "Peddlers and Solicitors Prohibited," or
other comparable statement. No peddler, solicitor, professional fundraiser, or transient merchant shall remain in
or upon any premises when told by the property owner or tenant to leave the premises.
No person other than the property owner or tenant shall remove, deface, or tamper with any sign or placard
under this section.
3-3-16: PENALTY:
Any person who violates any provision of this Chapter is guilty of a misdemeanor.
Section 2.
Mendota Heights City Code Title 3, Chapter 3, Section 6 is hereby amended by adding the underlined language
and deleting the StFUGIr through language as follows:
3-3-617: MOBILE FOOD TRUCKS:
(No additional changes to this section)
Section 3.
Mendota Heights City Code Title 3, Chapter 7, is hereby amended by adding the underlined lancauage and
deleting the StFUGk through language as follows:
3-7-1: REQUIREMENTS:
The City of Mendota Heights Police Department (MHPD) is hereby required, as the exclusive entity within the
City, to conduct a criminal history background investigation on any applicant seeking a license or permit for the
following City of Mendota Heights ordinances, as required within:
Liquor licenses (section 3-1-8 of this title)
Massage therapy licenses (chapter 6 of this title)
Peddlers licenses (section 3-3-7 of this title)
Transient Merchants licenses (section 3-3-7 of this title)
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Section 4.
If any provision of this ordinance is found to be invalid for any reason by a court of competent jurisdiction, the
validity of the remaining provisions shall not be affected.
Section 5.
This ordinance shall become effective on the date of its publication, or upon the publication of a summary of the
ordinance.
Adopted and ordained into an ordinance this 6th day of July, 2021.
•
ATTES
L&r Smith, City Clerk
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