1988-15BILL NO. 1988 -15
AMENDMENT TO CHAPTER XI
OF THE ORDINANCE CODE OF
THE CITY OF RICHFIELD
CITY OF RICHFIELD DOES ORDAIN:
Chapter XI of the Ordinance Code of the City of Richfield is
hereby amended in the following respects:
I. By repealing in its entirety Section 1180 entitled
"Transient Merchants, Peddlers and Wagon Peddlers."
II. By adding thereto the following Section 1181 to read as
follows:
SECTION 1181 - Transient Merchants, Peddlers, Wagon Peddlers_
Hawkers, Canvassers and Solicitors.
1181.01. Definitions. For the purpose of this section, the
terms defined in this subsection shall have the meanings given
them.
Subdivision 1. "Transient Merchant" means any individual or
entity which engages in temporary or transient business in the
city, from a fixed location or locations, but without the
intention of being located there for a period longer than six
months, and which hires, leases, occupies or uses any building,
structure or land to conduct such business. The term includes
not only the entity or individual on whose behalf the transient
business is being conducted, but also all individuals actually
engaged in conducting the transient business within the city.
Subdivision 2. "Transient Business" means a business
enterprise conducted by a transient merchant involving the
selling of goods, wares or merchandise.
Subdivision 3. "Peddler" or "Hawker" means a person who
goes from house -to- house, from store -to- store, or from place -to-
place conveying or transporting goods, wares or merchandise,
offering and exposing the same for sale.
Subdivision 4. "Wagon Peddler" means a person selling ice
cream, popcorn, candy, soft drinks or other similar food items
from a pushcart, wagon, self - propelled vehicle, trailer or
similar vehicle directly to the consumers.
_J
Bill No. 1988 -15
Page 2
Subdivision 5. "Solicitor" or "Canvasser" means a person
who goes from place -to -place or from street -to- street soliciting
or taking or attempting to take orders for the sale of goods,
wares, merchandise or personal services of any nature whatsoever
for future delivery or future performance whether or not such
person carries or exposes for sale a sample of the subject of any
such order or whether or not the person is collecting advance
payments for such orders.
Subdivision 6. "Itinerant Activity" means any activity
described in subdivision 1 through 5 of this subsection.
1181.03. License. Subdivision 1. License Required. No
transient merchant, wagon peddler, peddler, canvasser, or
solicitor shall sell or offer for sale any goods, wares or
merchandise without having first obtained the appropriate class
of Itinerant Activity license for such activity from the city
manager.
Subdivision 2. Classes of License. The following are the
classes of Itinerant Activity licenses:
(a)
Class
I -
transient merchant
(b)
Class
II
- wagon peddler
(c)
Class
III -
peddler or hawker
(d)
Class
IV
- canvasser or solicitor
Subdivision 3. Exception to License Requirement. No
Intinerant Activity license shall be required for the following:
(a) sales made to dealers by commercial travelers or
selling agents in the usual course of business.
(b) sales made by sheriffs, constables or other public
officials selling goods, wares or merchandise according
to law;
(c) sales made by bona -fide assignees or receivers
appointed in this state to make such sales for the
benefit of creditors;
(d) sales of products of the farm or garden occupied and
cultivated by the person making such sales, except as
required pursuant to subsection 615.19 of this code;
(e) sales or offers for sale by peddlers or solicitors who
appear at the customer's home or place of business by
an appointment which was made prior to such appearance.
(f) the canvassing or soliciting of money, donations,
financial assistance, or information for the purposes
of any charitable, religious, political or educational
organization; or, selling or distributing literature or
merchandise for which a fee is charged or solicited on
behalf of any such organization; this exception does
not include activity which has its primary purpose
profit for the individuals who are engaged in such
activity.
L_ J
Bill No. 1988 -15
Page 3
Subdivision 4. Proof of State License. In addition to the
required license, persons desiring to obtain an Itinerant
Activity license shall, at the time of application file proof of
the state license required by Minnesota Statutes, Sections
329.099 to 329.17.
Subdivision 5. Application. Application for an Itinerant
Activity license shall be made on forms supplied by the city .
Separate applications must be made for the individual or entity
on whose behalf the business is being conducted and for each
individual who will actually conduct the activity for which a
license is required. The application must contain:
(a) The applicant's name, age, address or residence. If
the applicant is a partnership, the names of all
partners must be verified by one such partner. If the
applicant is a corporation, the names of all officers
must be verified by one such officer.
(b) The applicant's (i) business and residence addresses
for a period of five years prior to the application
date, (ii) a statement as to whether the applicant is
the sole owner of the business, and (iii) a statement
to the effect that no persons other than those named in
the application have any interest in the management and
control of the business.
(c) The class of Itinerant Activity license which is being
requested and a brief description of the activity.
(d) For applications for Class I licenses, the location
where the activity is to be conducted and written
consent of the owner or if the parcel is under lease,
the lessor of the parcel of land authorizing use to
conduct a transient business.
(e) The length of time (including the beginning and ending
dates) for which the license is desired.
(f) A photograph of the applicant taken within sixty days
of the date of application. The photograph shall be
two inches by two inches, showing the head and
shoulders of the applicant in a clear and
distinguishable manner.
(g) Information relating to any conviction of any crime by
the applicant; felony, misdemeanor or city ordinance
violation (other than traffic) the nature of the
offense and conviction date.
Subdivision 6. Fee. The license fee for the various
classes of Intinerant Activity licenses is fixed in Appendix D.
The fee shall be paid in full at the time the application is
presented.
Subdivision 7. Duration of License. Upon approval of any
license application the city manager shall specify the period for
which the license is valid. The period may not exceed six months
or the period remaining in the calendar year in which the license
is issued, whichever is less.
Bill No. 1988 -15
Page 4
Subdivision 8. Issuance of License. If after review by
public safety, the city manager is satisfied that the application
and all other required submittals are complete, that the
applicant is of good character and standing, and that the
activity as described in the application meets the requirements
of this Section, the city manager shall issue to applicant an
Itinerant Activity license for the designated class described in
the application. If the city manager disapproves the issuance of
the license, the applicant shall be notified in writing of such
disapproval and the reasons for the decision. The notification
shall also inform the applicant of its right to appeal the
disapproval to the city council. The notification shall include
a refund of the license fee. Falsification or an incomplete
application is immediate grounds for denial.
Subdivision 9. Exhibition of License. Upon approval, the
city shall issue a license certificate to the licensee. The
license certificate shall contain the applicant's photograph and
such other information as will appropriately describe all the
conditions upon which the license is valid. The licensee shall
have the license in his physical possession at all times during
which the licensed activity is being conducted, and shall visibly
display the same for inspection on their person in the case of an
individual, or conspicuous place in the case of a business.
1181.05. Regulation. All Itinerant Activities shall conform to
the following regulations whether or not an Itinerant Activity
license is required.
Subdivision 1. Transient Business.
(a) the site of the transient business shall abut and have
access to an arterial roadway;
(b) no part of any transient business may be located upon a
public right -of -way or within 150 feet of a street
intersection;
(c) the business shall not cause undue traffic congestion
on surrounding streets;
(d) off - street parking must be adequate for both the
transient business and other uses conducted on the
parcel;
(e) the business may not generate noise, light, dust or
odors which reasonably would tend to disturb or annoy
occupants of adjacent residential properties;
(f) the transient business license shall keep the parcel
free of trash, litter and debris;
(g) A transient business may be conducted only between the
hours of 8:00 a.m. and 7:00 p.m.
(h) no transient business may be conducted by a person who
has previously had an Itinerant Activity license
revoked by the City of Richfield or any other political
subdivision;
Bill No. 1988 -15
Page 5
(i) no more than one transient business may operate from a
single parcel at one time;
(j) all tents, canopies, awnings or similar items and all
water, electrical and lighting facilities shall be in
compliance with applicable codes and regulations;
(k) transient businesses may be conducted only in C -2
districts of the city;
(1) no outside storage of vehicles or merchandise is
permitted unless specifically authorized by the city
manager;
(m) no transient business activity may be conducted in the
city for more than eight days during any 60 -day period;
and on no more than three consecutive days;
(n) signs used to advertise the transient business may not
have a total aggregate sign face of more than six
square feet; and the licensee must obtain the necessary
temporary sign permit before utilizing any such sign
and,
(o) the transient merchant shall have in possession written
evidence of consent of the owner or leasee (whichever
is required) of the parcel to conduct the transient
business thereon.
Subdivision 2. Other Classes.
(a) The activity shall be conducted in such a manner as not
to reasonably annoy or disturb residents of the
community;
(b) the activity may be conducted only between the hours of
9:00 a.m. and 5:00 p.m.; and,
(c) the activity shall not be conducted on any premises
which have been conspicuously posted by the owner for
no peddling or soliciting.
1181.07. Relationship to Other Licenses or Permits. Whenever
the particular nature of the Itinerant Activity requires the
issuance of other licenses or permits, whether from the city or
other licensing authorities, it shall be unlawful for any person
to commence such Itinerant Activity without having obtained such
other permits or licenses.
Minnesota Suburban Newspapers
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
_
L.J. C a n n i n g being duly sworn on an oath says that he /she is
is
the publisher or authorized agent and employee of the publisher of the newspaper known as
Richfield Sun-Current and has full knowledge of the facts which are
stated below.
(A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper,
as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended.
(B) The printed Bill No. 198 8 -15
which is attached was cut from the columns of said newspaper, and was printed and published once each week,
for one successive weeks; it was first published on Wednesday , the 6 day
Of J u I y 19—a-8—, and was thereafter printed and published on every to
and including , the day of , 19 ; and printed below is
a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size
and kind of type used in the composition and publication of the notice:
abcdefghijklmnopgr5�U YZ
i
TITLE: ' Pub I i s h e r
Acknowledged before me on this
8
day of
J u l y
JOiary
ub) +c
OM
U3 C
NO NISOTA.
0,UNITY
7-2-9 2
RATE INFORMATION
(1) Lowest classified rate paid by commercial users $ 1.00 per line
for comparable space (Line, word, or inch rate)
(2) Maximum rate allowed by law for the above matter $ 54.4a per line
(Line, word, or inch rate)
(3) Rate actually charged for the above matter $ 49.7¢ per line
(Line, word, or inch rate)
Q
3.4�.
City of Richfield
(Official Publication)
BILL NO. 1988 -15
AMENDMENT TO CHAPTER XI
OF THE ORDINANCE CODE OF
THE CITY OF RICHFIELD
CITY OF RICHFIELD DOES ORDAIN:
Chapter XI a,Uthe Ordinance Code of the City of Richfield is hereby amended in the following
respects:
I. By repealing in its entirety Section 1180 entitled "Transient Merchants, Peddlers and Wagon
Peddlers."
II. By adding,thereto the following Section 1181 to read as follows:
SECTION 118L Transient Merchants, Peddlers, Wagon Peddlers, Hawkers, Canvassers and
Solicitors.
1181.01. Defi s. For the purpose of this section, the terms defined in this subsection shall have
:he meanings gI v .them.
Subdivision 4171ransient Merchant" means any individual or entity which engages in temporary
)r transient bu the city, from a fixed location or locations, but without the intention of being
located there f iod longer than six months, and which hires, leases, occupies or uses any
land to conduct such business. The term includes not only the entity or
ehalf the transient business is being conducted, but also all individuals
g the transient business within the city.
Subdivision 2. !T& fisient Business" means a business enterprise conducted by. a transient
merchant involviQ the elling of goods, wares or merchandise.
Subdivision 3. I'M or "Hawker" means a person who goes from house -to- house, from
store -to- store, or frotfts' place-to-place conveying or transporting goods, wares or merchandise,
Afering, and exposing#ite same for sale.
Subdivision 4. " }V _ ,Peddler" means a person selling ice cream, popcorn, candy, soft drinks or
>ther similar foo 5 from a pushcart, wagon, self - propelled vehicle, trailer or similar vehicle
lirectly to the co S.
Subdivision 5. r" or "Canvasser" means a person who goes from place -to -place or from
street -to- street s or taking or attempting to take orders for the sale of goods, wares,
merchandise or at services of any nature whatsoever for future delivery or future
3erformance whet " .lilt`: not such person carries or exposes for sale a sample of the subject of any
such order or whet of the person is collecting advance payments for such orders.
Subdivision 6. t Activity" means any activity described in subdivision 1 through 5 of this
subsection.
11181.03. Licen I ision 1. License Required. No transient merchant, wagon peddler,
peddler, canvass 4 itor shall sell or offer for sale any goods, wares or merchandise without
having first obtai ppropriate class of Itinerant Activity license for such activity from the
pity manager. . r .
Subdivision 2. "ol License. The following are the classes of Itinerant Activity licenses:
(a) Class I- erchant
(b) Class II ' ¢ dler
(c) Class IIk" r hawker
(d) Class IV a se'r or solicitor
Subdivision 3.'Eicception to License Requirement. No Intinerant Activity license shall be required
for the following:
(a) sales made to dealer$ by commercial travelers or selling agents in the usual course of
business.
(b) sales made„ W�.:' fs, constables or other public officials selling goods, wares or
merchandise ac ; (c) sales made b assignees or receivers appointed in this state to make such sales for
the benefit of credit,
(d) sates of produ farm or garden occupied and cultivated by the person making such
sales, except as re uan€ to subsequent 615.19 of this code;
(e) sales or offer& y peddlers or solicitors who appear at the customer's home or place of
business by an app which was made prior to such appearance.
(f) the canvasstpg e!' sting of money, donations, financial assistance, or information for the
lurposes of any ohg ble, religious, political or educational organization; or, selling or
listributing Iiteratum—Ormerchandise for which a fee is charged or solicited on behalf of any such
srganization; this excedtion does not include activity which has its primary purpose profit for the
ndividuals who ale, ged in such activity.
Subdivision 4. $fate License. In addition to the required license, persons desiring to obtain
m Itinerant Acti tense shall, at the time of application file proof of the state license required
)y Minnesota Sta '.Sections 329.099 to 329.17.
Subdivision 5. ion. Application for an Itinerant Activity license shall be made on forms
supplied by the rate applications must be made for the individual or entity on whose behalf
he business is nducted and for each individual who will actually conduct the activity for
Nhich a license red. The application mist contain:
(a) The a is name, age, address or residence. If the applicant is a partnership, the
names of al rs must be verified by cne such partner. If the applicant is a corporation,
the names icers must be verified by one such officer.
(b) The a is (i) business and residence addresses for a period of five years prior to
the applica:6 te, (ii) a statement as to whether the applicant is the sate owner of the
business, and' j a statement to the effect that no persons other than those named in the
application have any interest in the management and control of the business.
(c) The class of Itinerant Activity license which is being requested and a brief description
of the activity,
(d) For applications for Class I licenses, the location where the activity is to be conducted
and written consent of the owner or if the parcel is under lease, the lessor of the parcel of
land authorizing use to conduct a transient business.
(e) The length of time (including the beginning and ending dates) for which the license is
desired.
(f) A photograph of the applicant taken within sixty days of the date of application. The
photograph shhall be two inches by two inches, showing the head and shoulders of the
applicant in a clear and distinguishable manner.
(g) Information relating to any conviction of any crime by the applicant; felony,
misdemeanor -tn city ordinance violation (other than traffic) the nature of the offense and
conviction date.
Subdivision 6. Fee. The license fee for the various classes'of Intinerant Activity licenses is fixed in
,ppendix D. The fee shall be paid in full at the time and application is presented.
Subdivision 7. Duration of License. Upon approval of any license application the city manager
hall specify the period for which the license is valid. The period may not exceed six months or the
eriod remaining in the calendar year in which the license is issued, whichever is less.
Subdivision 8. Issuance of License. If after review by public safety, the city manager is satisfied
that the application and all other required submittals are complete, that the applicant is of good
character and standing, and that the activity as described in the application meets the requirements
of this Section, the city manager shall issue to applicant an Itinerant Activity license for the
designated class described in the application. If the city manager disapproves the issuance of the
license, the applicant shall be notified in writing of such disapproval and the reasons for the
decision. The notification shall also inform the applicant of its right to appeal the disapproval to the
city council. The notification shall include a refund of the license fee. Falsification or an incomplete
application is immediate grounds for denial.
Subdivision 9. Exhibition of License. Upon approval, the city shall issue a license certificate to the
licensee. The license certificate shall contain the applicant's photograph and such other information
as will appropriately describe all the conditions upon which the license is valid. The licensee shall
have the license in his physical possession at all times during which the licensed activity is being
conducted, and shall visibly display the same for inspection on their person in the case of an
individual, or conspicuous place in the case of a business.
1181.05. Regulation. All Itinerant Activities shall conform to the following regulations whether or
not an Itinerant Activity license is required.
Subdivision 1. Transient Business.
(a) the site of the transient business shall abut and have access to an arterial roadway;
(b) no part of any transient business may be located upon a public right -of -way or within
150 feet of a street intersection;
(c) the business shall not cause undue traffic congestion on surrounding streets;
(d) off - street parking must be adequate for both the transient business and other uses
conducted on the parcel;
(e) the business may not generate noise, light, dust or odors which reasonably would tend
to disturb or annoy occupants of adjacent residential properties;
(f) the transient business license shall keep the parcel free of trash, litter and debris;
(g) A transient business may be conducted only between the hours of 8:00 a.m. and 7:00
p.m.
(h) no transient business may be conducted by a person who has previously had an
Itinerant Activity license revoked by the City of Richfield or any other political subdivision;
(i) no more than one transient business may operate from a single parcel at one time;
(j) all tents, canopies, awnings or similar items and all water, electrical and lighting
facilities shall be in compliance with applicable codes and regulations;
(k) transient businesses may be conducted only in C -2 districts of the city;
(1) no outside storage of vehicles or merchandise is permitted unless specifically
authorized by the city manager;
(m) no transient business activity may be conducted in the city for more than eight days
during any 60 -day period; and on no more than three consecutive days;
(n) signs used to advertise the transient business may not have a total aggregate sign face
of more than six square feet; and the licensee must obtain the necessary temporary sign
permit before utilizing any such sign and,
(o) the transient merchant shall have in possession written evidence of consent of the
owner or leasee (whichever is required) of the parcel to conduct the transient business
thereon.
Subdivision 2. Other Classes.
(a) The activity shall be conducted in such a manner as not to reasonably annoy or disturb
residents of the community;
(b) the activity may be conducted only between the hours of 9:00 a.m. and 5:00 p.m.; and,
(c) the activity shall not be conducted on any premises which have been conspicuously
posted by the owner for no peddling or soliciting.
1181.07. Relationship to Other Licenses or Permits. Whenever the particular nature of the
Itinerant Activity requires the issuance of other licenses or permits, whether from the city or other
licensing authorities, it shall be unlawful for any person to commence such Itinerant Activity
without having obtained such other permits or licenses.
1181.09. Suspension or Revocation.
Subdivision 1. Action by City Manager. If the city manager determines that the license has
violated any of the provisions of this section, the city manager shall proceed as follows:
(a) If the licensee has been convicted in court of competent jurisdiction for a violation of
the provisions of this section which relate to the current term of such license or permit or if
the consent described in subsection 1181.03, subdivision 5(d) has been withdrawn, the city
manager shall forthwith suspend such license for a period of time not to exceed the date of
the next regularly scheduled city council meeting which is at least 14 days from the first day
of such suspension. Notice of such suspension shall be mailed to the license at the address
shown in the application.
(b) If the licensee has been charged with, but has not been convicted of a violation of the
provisions of this section which relate to the current term 000f such license, the city
manager shall notify the licensee in writing at the address contained in the application of
the determination and in such notification shall also notify the licensee that unless a cash
deposit (Deposit) is made to the city within 7 days of such notification, the license will be
automatically suspended for the term described in subsection 1181.09, subdivision 1(a). The
Deposit shall be $500 for each charged violation, and shall serve to ensure the faithful
performance by licensee of the provisions of this section between the date of notification and
the date on which the city council meets to consider the matter.
(c) If no charge has been brought against the licensee, the city manager shall notify such
licensee or permittee that the city council will consider suspension or revocation of the
license at its next regularly scheduled council meeting at least 14 days of the date on which
such notice is mailed.
Subdivision 2. Hearing. At the hearing the licensee or their representative shall have an
opportunity to rebut any of the information contained in the city manager's notice; and to offer
evidence in mitigation thereof.
Subdivision 3. Determination. Following the hearing, the council shall determine whether the
evidence establishes a violation of the provisions of this section or a withdrawal of consent, and
whether the license should be suspended or revoked. The council may, in lieu of continued suspense
or revocation determine to place further and additional conditions upon the license if the council
concludes that such additional conditions will assist in the orderly conduct of the activity. The
council may also forfeit to the city or continue to hold all or part of any Deposit if the -council believes
that such will reasonably assure future compliance with the provisions of this section.
Passed by the City Council of the City of Richfield this 27th day of June, 1988.
STEVEN J. QUAM
Mayor
ATTEST:
THOMASFERBER
City Clerk
(July 6, 1988) -RICH