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1998-06BILL NO. 1998-6 AN ORDINANCE RELATING TO TRANSIENT MERCHANT ACTIVITIES; AMENDING SECTION 1181 OF THE RICHFIELD CITY CODE THE CITY OF RICHFIELD DOES ORDAIN: Section 1. The title to Section 1181 of the Richfield City Code is amended to read as follows: "Transient merchants, peddlers and wagon peddlers, , and solicitors." Sec. 2. Subsection 1181.01, subdivision 4 of the Richfield City Code is amended to read as follows: Subd. 4. "Peddler" e~aawlFe~' 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. Sec. 3. Subsection 1181.01, subdivision 6 of the Richfield City Code is amended to read as follows: Subd. 6. "Solicitor"e~-'sa+was~ 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. Sec. 4. Subsection 1181.03 of the Richfield City Code is amended to read as follows: 1181.03. License. Subdivision 1. License required. No transient merchant, wagon peddler, peddler, s~~~sse~ or solicitor can 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 si#~ ~aaa~ public safety deeartment. Subd. 2. Classes of licenses. The following are the classes of itinerant activity licenses: (a) Class l transient merchant (b) Class II wagon peddler (c) Class III peddler er h^ (d) Class IV solicitor Subd. 3. Exception to license requirement. No itinerant activity license will 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; Bill No. 1998-6 -2- (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 ea~wass+ag--ef 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 m such activity. rq own. Subd. 4. Proof of state license. In addition to the required license, persons desiring to obtain an itinerant activity license must, at the time of application file proof of the state license required by Minnesota Statutes, sections 329.099 to 329.17. Subd. 5. Application. Application for an itinerant activity license will 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. All registration and license appli ~1 ~! Bill No. 1998-6 -3- r' (a) The applicant's name, age date of birth, 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 manage- ment 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 of the property where the activity is to be conducted y, , ir-iF' °~-p~roG~-;S-'vfrvG~I',vziv~tt r~ 1 e~ e. c", v „f +F~ 1 the name(s), address(es) and telephone number(s) of the owners of the property and a written consent that meets the recLuirements of subsection 1181.04. (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. Subd. 6. Fee. The license fee for the various classes of itinerant activity licenses is fixed in Appendix D of this code. The fee must be paid in full at the time the application is presented. The fee will not be Qrorated or refunded. Subd. 7. Duration of license. Upon approval of any license application the si#~-~aaeagef public safety director or designee 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. 1998-6 -4- Subd. 8. Issuance of license. If after review by the public safety department, the public safety director or designee 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 public safety director or designee will issue to applicant an itinerant activity license for the designated class described in the application. If the si#~} e~ public safety director or designee disapproves the issuance of the license, the applicant will be notified in writing of such disapproval and the reasons for the decision. The notification will also inform the applicant of its right to appeal the disapproval to the city council. The notification will include a refund of the license fee. Falsification or an incomplete application is immediate grounds for denial. Subd. 9. Exhibition of license. Upon approval, the city will issue a license certificate to the licensee. The license certificate will contain the applicant's photograph and such other information as will appropriately describe all the conditions upon which the license is valid. The licensee must have the license in his physical possession at all times during which the licensed activity is being conducted, and must visibly display the same for inspection on their person in the case of an individual, or conspicuous place in the case of a business. Sec. 5. Section 1181 of the Richfield City Code is amended by adding a subsection as follows: 1181.04. Transient merchant business; property owner responsibility. Subdivision 1. Owner responsible. The owner of property on which a transient merchant business is conducted is required to undertake due and diligent efforts to ensure that the business complies with the requirements of subsection 1181.05, subd. 2. Subd. 2. Owner consent. A license application for a class I license or a registration of a transient merchant activity must be accompanied by the written consent of the owner of property on which the transient merchant business will be conducted. The consent must be on a form provided by the city, must expressly acknowledge the property owner's knowledge of and acceptance of the responsibilities imposed by this subsection, and must be signed by the property owner. Subd. 3. Penalty. Violation of this subsection is a misdemeanor. Subd. 4. Merchant responsibility. Nothing in this subsection is intended to relieve or diminish the obligation of the merchant holding the class I license to comply with the requirements of this section. Sec. 6. Subsection 1181.05, subdivision 2 of the Richfield City Code is amended to read as follows: B~11 No. 1998-6 -5- Subd. 2. 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 must 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, as required by off-street ~arking standards on file with the community development department; (e) the business must 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 must keep the parcel free of trash, litter and debris; (g) a transient business +~st may be conducted only between p-t~-sunrise and sunset of any licensed day; (h) no transient business t may be conducted by a person who has previously had an itinerant activity license revoked by the city or any other political subdivision; (i) no more than one transient business may operate from a single parcel atone time; (j) all tents, canopies, awnings or similar items and all water, electrical and lighting facilities must be in compliance with applicable codes and regulations; (k) transient businesses may be conducted only in C-2 districts of the city; (I) no outside storage of vehicles or merchandise is permitted unless specifically authorized by the public safety director or designee; (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 must 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 Bill No. 1998-6 -6- (o) the transient merchant must have in possession written evidence of consent of the owner or leasee (whichever is required) of the parcel to conduct the transient business thereon. Sec. 7. Subsection 1181.05, subdivision 3 of the Richfield City Code is amended to read as follows: Subd. 3. Other classes. (a) the activity must be conducted in such a manner as not to reasonably annoy or disturb residents of the community; (b) the activity must be conducted only between ~e . .sunrise and sunset of any licensed day; and (c) the activity must not be conducted on any premises which have been conspicuously posted by the owner for no peddling or soliciting. Sec. 8. Subsection 1181.09, subdivision 1 of the Richfield City Code is amended to read as follows: 1181.09. Suspension or revocation. Subdivision 1. Action by ' public safety director. If the si~ge~ public safety director or desianee determines that the licensee has violated any of the provisions of this section, the ' public safety director will proceed as follows: {a) If the licensee has been convicted in a court of competent jurisdiction for a violation of the provisions of this section which relate to the current term of the license or permit or if the consent described in subsection 1181.03, subd. 5(d) has been withdrawn, the sil:~afla~ public safety director or desianee will forthwith suspend the Incense 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 the suspension. Notice of the suspension shall be mailed to the licensee at the address shown in the application. (b) !f 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 of such (icense, the aaageF public safety director or designee shall notify the licensee in writing at the address contained in the application of the determination and in the notification shall also notify the licensee that unless a cash deposit (deposit) is made to the city within 7 days of the notification, the license will be automatically suspended for the term described in subsection 1181.09, subd. 1(a). sill No. 1998-6 -7- 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 public safety director or designee shall notify the 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 the notice is mailed. Sec. 9. Subsection 1181.09, subdivision 2 of the Richfield City Code is amended to read as follows: Subd. 2. Hearing. At the hearing the licensee or their representative will have an opportunity to rebut any of the information contained in the public safety director's notice and to offer evidence in mitigation thereof. Adopted by the City Council of the City of Richfield this 27th day of April, 1998. i '~ ~ '` ~ i i l .~ ~;, Martin J. Kirsch, .Mayor ATTEST: homas P. Ferber, City Clerk C~ PuaucaTlolvs Sun Current • Sun Sailor ~ Sun Post AFFIDAVIT OF PUBLICATION STATE OF MfNNESOTA) COUNTY OF HENNEPIN) Ss. Doug Dance ,being duly sworn on an oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as Sun-Current which are stated below. and has full knowledge of the facts (A) The newspaper has complied with all of the requirements constituting qualification as a qua6#ied newspaper, as provided by Minnesota S#atue 331A.02, 331A.07, and other applicable laws, as amended. (B) The MINNESOTA SUN Bill No. 1998-6 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 publiished on Wednesday, the 6th day of May , 1998, and was thereafter printed and ubiished on every Wednesday to and including Wednesday, the day f 1998; and printed below is a copy of the lower case alphabet from A o Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopgrstuvwxyz TITLE: Publisher Acknowledged before me on this 6th day of MaY , 1998. r ~ti Notary Public ~` a./IC`OR-a N. ~+F~t.~UP4l,a*,"'fE ~° `1 RY FLtf7 fit-, ~ ~~ M9iNh~' ~' 4 ~, a,v .ti,,,s rrr ~..KS'~tlf3.s ~ .~~ ..~-~a T i~ RATE INFORMATfON 1) Lowest classified rate paid by commercial users $ 2.55 oer line for comparable space }Maximum rate allowed by law for the above matter $ 6 20 per line {3} Rate actually charged for the above matter $ _ 1.24 -per line City of Richfield (Official Publication) ORDINANCE NO. 1998-6 AN ORDINANCE RELATING TO TRANSIENT MERCHANT ACTIVITIES; AMENDING SECTION 1181 OF THE RICHFIELD CITY CODE THE CITY OF RICHFIELD DOES ORDAIN: Section 1. The tit]e to Section 1181 ofthe Richfield City Code is amended to read as follows: "Transient merchants, peddlers and wagon peddlers, and so- licitors." Sec. 2. Subsection 1181.01, subdivision 4 of the Rich- field City Code is amended to read as follows: Subd. 4. "Peddler" ~ 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 expos- ing the same for sale. Sec. 3. Subsection 1181.01, subdivision 6 of the Rich- field City Code is amended to read as follows: Subd. 6. "Solicitor" er=~rts~eteeep: 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 fu- ture delivery or future perFormance whether or not such person carries or exposes for sale a sam- ple of the subjecC of any such order or whether or not the person is collecting advance payments for such orders. Sec. 4. Subsection 1181.03 of the Richfield City Code is amended to read as follows: 1181.03. License. Subdivision 1. License required. No transient merchant, wagon peddler, peddler, eetRweeee~>r solicitor can sell or offer for sate any goods, wares or merchandise without having first obtained the appropriate class of itinerant activity license for such activity from the~r~ lic saFety department. Subd. 2. Classes of licenses. 'Phe following are the classes of itinerant activity licenses: (a) ClassI transient merchant (b) Class II wagon peddler (c) Class III peddlerwker (d) Class IV ex~vaeeer-solicitor Subd.:3. Exception to license requirement. No itinerant activity license will be required for the following: (a) sales made Lo dealers by commercial trav- elers 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) stiles made by bona-fide assignees or re- ceivers appointed in this state to make such sales for the benefit of creditors; (d) sales of products of the farm or garden oc- cupied and cultivated by the person mak- ing such sales, except as required pur- suanC to subsection 615.19 of this code; (e) sales or offers for sale by peddlers or so- licitors who appear at the customer's home or place of business by an appoint- ment which was made prior to such ap- pearance; (fl the eaw~r~eei~~ soliciting of money ,do- nations, financial assistance or informa- tion for the purposes of any charitable, re- ligious, political or educational organiza- tion; orselling or distrib utingliterature or merchandise for which a fee is charged or solicited on behalf of any such organiza- tion; this exception does not include activ- ity which has its primary purpose profit for the individuals who are engaged in such activity. tiori have any interest in the management and City of Richfield control of the business. (h) no transient business a may be con (Official Publication) ORDINANCE NO. 1998-6 AN ORDINANCE RELATING TO TRANSIENT MERCHANT ACTIVITIES; AMENDING SECTION 1181 OF THE RICHFIELD CITY CODE THE CITY OF RICHFIELD DOES ORDAIN: Section 1. The tiGe to Section 1181 ofthe Richfield City Corte is amended to read as follows: "Transient merchants, peddlers and wagon peddlers, and so- licitors" Sec. 2. Subsection 1181.01, subdivision 4 of the Rich- Seld City Code is amended to read as follows: Subd. 4. "Peddler" ~-°~ '--~„-••'-m=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 expos- ing the same for sale. Sec. 3. Subsection 1181.01, subdivision 6 of the Rich- field City Code is amended to road as follows: Subd. 6. "Solicitor" ee~e~eeer 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 fu- ture delivery or future perFormance whether or nut such person carries or exposes for sale a sam- ple of the subject of any such order or whether or not the person is collecting advance payments for such orders. Sec. 4. Subsection 1181.03 of the Richfield City Code is amended to read as follows: 1181.03. License. Subdivision 1. License reyuired. No transient merchant, wagon peddler, peddler, eeeror solicitor can sell or offer for sale any goods, wares or merchandise without having first obtained the appropriate class of itinerant activity licenseforsuch activity from the~r~l~ lic safety department. Subd. 2. Classes of licenses. 'Phe following are the classes of itinerant activity licenses: (a) Class I transient merchant (b) Class II wagon peddler (o) Class III peddler ~ (d} Class IV er~r2eeer-frrsolicitor Subd. 3. Exception to license reyuirement. No itinerant activity license will be reyuired fur the following: (a) sales matte to dealers by commercial trav- elers or selling agents in the usual course of business; (b) sales made by shcrlffs, constables or other public officials selling goods, wares or merchandise. according to law; (c) wiles made by bona-fide assignees or re- ceivers appointed in this state to make such sales for the benefit of creditors; (d) solos of products of the farm or garden oc- cupied and cultivated by the person mak- ing such sales, except as required pur- suant to subsection 61519 of this code: (e) sales or offers for sale by peddlers or so- licitors who appear at the customer's home or place of business by an appoint- ment which was made prior to such ap- pearance; (fl the eear+vNeAie~~r soliciting of money ,do- nations, financial assistance or informa- tion for the purposes of any charitable, re- ligious, political or educational organiza- tion; or selling or distributing literature or merchandise for which a fee is charged or solicited on behalf of any such organiza- tion; this exception does not include activ- ity which has its primary purpose profit for the individuals who are engaged in such activity. (c) The class of itinerant activity license which is being requested and a brief de- scription of the activity. (d) For applications for class I licenses, the lo- cation of the p~>erty where the activity is to be conducted number(s) of the owner( ) of the 2onertv and a written. consent that meets the re- (e) The length of time (including the begin- ning and ending dates) for which the li- cense is desired. (f) A photograph of the applicant taken with- in 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 distinguish- ablemanner. (g) Information relating to any conviction of any crime by the applicant felony, misde- meanor or city ordinance violation (other than traffic); the nature of the offense and conviction date. Subd. 6. Fee. The license fee for the vari- ous classes of itinerant activity licenses is fixed in Appendix D of this code. The fee must be paid in full at the time the application is presented. Tie fee will not be prorated or refunded. Subd. 7. Duration of license. Upon appro- val of any license application the der nuh_ lic safety irPC4or ar desienee shall specify the pe- riod 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. Subd. 8. Issuance of license. If after re- view bythe public safety department, the e~ x~er public safety director or desienee is satisfied that the application and ail other required su~mit- tals are complete, that the applicant is of good character ahd standing and that the activity as de- scribed in the application meets the requirements of Lhis section, the ~r public safety di- rector or designee will issue to applicant an itiner- ant activity license for the designated class de- scribed in the application. If the ~r pub- lic safety director or desienee disapproves the is- suance of the license, the applicant will be notified in writing of such disapproval and the reasons for the decision. The notification will also inforni the applicant of its right to appeal the disapproval to the city council. The notification will include a re- fund of the license fee. Falsification or an incom- plete application is immediate grounds for denial. Subd. 9. Exhibition of license. Upon ap- proval, the city will issue a license certificate to the licensee. The license certificate will cont:un the ap- plicant's photograph and such other information as will appropriately describe all the conditions upon which the license is valid. The licensee must have the license in his physical possession at all times during which the licensed activity is being con- ducted, and must visibly display the same for in- spection on their person in the case of an individ- ual, or conspicuous place in the case of a business. Sec. 5. Section 1181 of the Richfield City Code is amender] by adding a subsection as follows: 1181..04. Transient merchant business; properly owner responsibility. Subdivision 1. Owner re- sponsible. The owner of property on which a tran- sientmerchant business is conducted is required to undertake clue and diligent efforts to ensure that the business complies with the requirements of subsection 1181.05, Subd. 2. Subd. 2. Owner consent. A license application for a class I license or a registration of a transient merchant activity must be accompanied by the written consent of the owner of property on which the transient merchant business will be conducted. the consent must be on a form provided by the city, must expressly acknowledge the property owner's knowledge of and acceptance of the responsibilities imposed by this subsection, and must be signed by the property owner. Subd. 3. Penalty. Violation ofthis subsection is a misdemeanor. Subd. 4. Merchant responsibility. Nothing in this subsection is intended to relieve or diminish the obligation of the merchant holding the class I ducted by a person who has previous) had an itinerant activity license revokei by the city or any other political subdivi Sion; (i) no more than one transient business ma~ operate from a single parcel at one time; (j) all tents, canopies, awnings or similar items and all water, electrical anri lighting facilities must be in compliance with ap plicable codes and regulations; (k) transient businesses may be conducter only in C-2 districts of the city; (l) no outside storage ofvehicles or merchan dise is permitted unless specifically as thorized by the ~ nublic safe ly director or desien e; (m) no transient business activity maybe con ducted in the city for more than eight day: during any 60-day period; and on no more than three consecutive days; (n) signs used to advertise the transient busi ness must not have a total aggregate sigr face of more than six square feet; and the licensee must obtain the necessary tem~ porary sign permit before utilizing any such sign; and (o) the transient merchant must have in pos- session written evidence of consent of the owner or lessee (whichever is required) of the parcel to conduct the transient busi- ness thereon. Sec. 7. Subsection 1181.05, subdivision 3 of the Rich- field City Code is amended to read as follows: Subd. 3. Other classes. (a) the activity must be conducted in such a manner as not to reasonably annoy or dis- turb residents of the community, (b) the activity must be conducted only be- tween sunrise anti sunset of any lic ns d day; and (c) the activity must not be conducted on any premises which have been conspicuously posted by the owner for no peddling or so- liciting. Sec. 8. Subsection 1181.09, subdivision 1 of the Rich- field City Code is amended to read as follows: ll81.09. Suspension or revocation Subdivision. Ac- tion by Wiper public safety director. If the public safety director or designee de- termines thaC the licensee has violated any of the provisions ofthis section, the ~ ublic safety director will proceed as follows: (a) if the licensee has been convicted in a court of competent jurisdiction fora viola- tion of the provisions ofthis section which relate to the current term of the license or permit or if the consent described in sub- section 1181.03, subd.5(d) has been with- drawn, the eity~~twexger nublic safety di- rector or designee will forthwith suspend the license for a period of time not to ex- ceed the date of the next regularly sched- uled city council meeting which is at keast 14 days from the first clay of the suspen- sion. Notice of the suspension shall be mailed to the licensee at the address shown in the application. (b) if the licensee has been charged with, but has not been convicted of, a violation oC the provisions ofthis section which relate to the current term of such license, the eib~ der Duhlic safety director or de- siEn~.~ shall notify the licensee in writing at the address contained in the applica- tion of the determination and in the noti- fication shall also notify the licensee that unless a cash deposit (deposit) is made to the city within 7 days of the notification, the license will be automatically suspend- ed for the term described in subsection 1181.09, Subd. 1(a). The deposit shall be $500 for each charged violation, and shall serve to ensure the faithful performance by licensee of the provisions ofthis section between the date of notification and the date on which the city council meets to consider the matter.