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1957-08Bill No. 1957-$ OKf~INl'LNCE N0. 3.36 P.N ORDIN~,NCE rtELt~TING TO ~i'IE REGIST;~~°~TION CF rEDDLEKS, TRAidSIENT ~ERC~~i~~NTS ~iND DE~iLERS, ~I11~al~E2S, SOLICITORS f'1ND Ct1NV~~SSEKS ",Pd~ r_tOVIDING DEN ~I.,TIES FOIE VI}L.^.TION TiIEKEOF. The Village Council of the Village of Richfield do ordain as follows: SeCtlon 1. t~egistrati.on required. It shall be unlawful for any transient merchant or dealer, hawker, peddler, solicitor, canvasser, or itinerant salesman to engage in such activity within the Village of Richfie ld «.th- out first registering with the Village Clerk in compliance with the pro- visions of this ordinance. Section 2. Definitions. tahen used in this ordinance the following terms shG11 include the following meanings: (a} "Person" includes any individual, co-partnership, unincorporated association or corporation whether principal or agent. (b} "Transient merchant" includes any person wino engages in, does or transacts any temporary and transient business in this state, either in one locality or in traveling from place to place in this state selling goods, wares, leases, occupies or uses a building, structure, vacant lot or railroad car for the exhi- bition and sale of such goods, wares a.nd merchandise. (c) "r'eddler" includes any person who goes from house to house, from place to place o r from store to store conveying or trans- porting goods, wares or merchandise or offering or exposing the same for sale or making sales and delivering articles to purchasers. ~d) "Canvasser" includes any person who goes from house to house, from place to place or from street to street solicting or taking or attempting to take orders for sale of goods, wares, merchandise or personal services of any nature whatsoever for future delivery or future performance whether or riot such individual has, carries, or exposes for sale, a. sample of subject of such order or whether or not he is collecting advance payments for such orders. ~~ny such activity shall be deemed canvassing if it has as its ultimate purpose the obtaining of orders of sLach nature even thoagh it may not purport, initially to be an effort to obtain such an order. Section 3. License ;required. i~To person shall engage in or follow the business or occupation of hawker or peddler within this village without first having obtained a license for that purpose as provided by A~linnesota ,Statutes, Sections 329.02 to 329.OS. i~lo person ra.ot having such license shall be entitled to register for hawking or peddling within the ~Jillage of Kichfield. Evidence of such license shall b,e presented. to tie Village Clerk ax the time of registration. Similarly, no person shall engage in or follow t'ze business of transient rrserchant within the Village of Rich- field unless lie is licensed to do so t~ursuant to the provisions of Vil- lage ordinances ~.nd R~innesota Statutes, Sections 329.099 to 329.17. No person not having such transient rr-erchant's licenses shall be entitled to register for the activity of transient merchant within the Village of Richfield and evidence of such licenses shall be presented to the Village clerk a t the time of registration. Ordinance No. 3.36 (2) Section 4. t~ae~i~st,ration. ~-cegistration shall be made with the Village ~.er ~ o the Village of ~ticl,f field at least five days prior to the date when the activity to be .carried on is to commence, %'ersons registering must file with trie Village Clerk ail accutate. sd~~orn registration statement in writing , on a fort-n furnished by the Village Clerl~ , which shall give the following information 3 (a) Dame an c' physical description of the applicant; ~~b) Complete hor~~e a.nd local address of the applicant and, in the case of transient merchants, the local ~.ddress from which pro- posed sa1_es will be made; (c} ~-brief description of the nature cif the business and the pro- duct or .services involved; (d) If em ployed, the name and address of the employer, together with credentials therefrom, establishing the exact relationship; (e) The dates and hours of the day during w~~ich the activity will be carried on; (f) The source of supply of any goods or property proposed to be sold or orders taken for the sale thereof, where such goods cr products are located at the time said registration is filed and the proposed method of delivery; L (g) Two copies of picture shall and shoulders manner; a recent photograph of the registrant, which be approximately 22~~ x 22«, showing the head of the applicant in a clear and distinguishable (h) .~ statement as to whether or r.ot the registrant has been con- victed of any crime, rrxisdemeanor or violation of any municipal ordinance other than traffic violations, the nature of the of- fense and the punishment or penalty assessed therefor; (1) The last cities or villages not to exceed five, where the ap- plicant carried on business, immediately preceding the date of the application and t1e address from which such business was conducted in those municipalities. (j} Proof of being licensed by the State of Ainnesota and the Village of Richfield where such licenses are required. Section 5, F~xemptions. The terms of this ordinance shall not be held to include the acts of persons engaged in the following activities: 1 (a.) Selling ~jersonal property at wholesale to dealers in such .- a.rticles (b) t~cting as newsboys; (c) 5e11ing products of the farm or garden occupied and cultivated by the y~erson selling such products; Ordinance No. 3.36 (3) (d) Soliciting money, donations or financia 1 assistance of any kind for any religi.~us or charitable organization or selling or distributing literature or merchandise for which a fee is charged or solicited on behalf of such an organization. This exception shall not include any activity which has as its primary purpose profit for the individuals who are engaged in such activity; (e) Calling up~~n householders in connection with a. regular route service for the sale an-d delivery of ~~erishable daily necessi- ties of life such as .bakery products, dairy products or ice. This exception shall not relieve-such person of the duty of compliance with any other applicable vil,la.ge ordinances. .Section 6. Proof of Kegistraton. Upon receipt of a cor=plete registration, the Clerk shall transmit the same to the Chief- of tolice for informational purposes. Within five days after such registration the Village Clerk shall provide the registrant with a written certificate showing proof of regis- tration with him. Such proof of registration shall have one copy of the registrant's photogzaph attached to it, ~.nd shall be exhibited by the registrant upon request of any police officer of the village at any time and at the request of any person in the Village of Richfield who is being contacted by the registrant in pursuance of the registrant's registered activity. Secti_~n 7. Ke~istration non--transferable. i~o registration shall be. transferable fro~~ one individual tc~ another. Each individual shall be separately registered where more than one individual is involved in the same type of activity even though associated with the same organization. Section 8. Penalty. ~1ny person violating, any of the provisi~~ns of this ordinance shall, upon conviction therefor, be punished by a fine of not to exceed X500 or by imprison~rient of not to exceed 90 days . P=assed by the Village Council of the Village of Richfie ld this 12sh day of A~~~~.~_ ~ 19 57 . !~TTES~I' r' ._ ~, G, ay o r 1 /; %,~f=; ,, , ~Clerk~' ~~, -' j -'~ ~~Manager` i' ~ e al Notices g BILL 18117-8 ORDINANC'E' NO. 3.3G IN ORDINANCE RELATING TO m,i. nFr_7cm~LTION OF DEALERS, "ORB AND PILOVIDING VIOLATION sale or making sales and delivering articles to purchasers. (d) "C'anvasUer" includes any per- son who goes from house to house. from place to place or from street to street soliciting or taking or at- tempting to take orders for sale of goods, wares, merchandise or per- sonal services of any nature what- _ soever for future delivery or future The Village Council of the Village performance whether or not such of Richfield do ordain as follows: individual has, carries or exposes Section 1. Registration required. .for sale, a sample of subject of such It shall be unlawful for any tran- order or whether or not he is col- sient merchant or dealer, hawker, letting advance payments for such peddler, solicitor, canvassed, or orders. Any such activity shall be itinerant salesman to engage in deemed canvassing if it has as its such activity within the Village of ultimate purpose the obtaining of Richfield without first registering orders of such nature even though with the Village Clerk in compli- it may not purport, initially to be ante with the provisions of this an effort to obtain such an order. ordinance. Section 8. License required. No Bec~iion 2. Definitions. When used person shall engage in or follow in this ordinance the following the business or occupation of hawk- terms shall include the following er or peddler within this village meanings: without first having obtained a (a) "Person" includes any indi- license for that purpose as Pro- ~ vidual, co-Partnership, unincorpor- videa by Minnesota Statutes, Sec- ' ated association or corporation tion 329.02 to 329.08. ATO person not whether principal or agent. having such a license shall be en- (b) "Transient merchant" includes titled to register for ' hawking or any person who engages in, does or Peddling within the Village of Rich- transacts any temPOx•ary and tran- field. Evidence of such license shall sient business in this state, either be Presented to the Village Clerk in one locality or in traveling from at the time oaf registration. Simil- ace to place in this state, selling arly, no person shall engage in oz ods, wares, leases, occupies or follow the business of transient uses a building, structure, vacant merchant within the Village of lot or railroad car for the exhibi- Richfield unless he is licensed to tion and sale of such goods, wares ao so pursuant to the provisions o! and merchandise. Village ordinances and Minnesota (c) "Peddler" includes any per- Statutes, Sections 229.099 to 329.1T_ son who goes from house to house, No' Person not having such tran- from place to Place or from store sient merchants's licenses shall be to store conveying or transporting ?ntitled to register for the activity ^-oods, wares or merchandise or ~f- (Continued on Page Seven? fering or exposing the same for LEGAL-~STICES to exceed five, where the applicant carried on business, immediately preceding the date of the applica- tinued f Page S1X) tion and the address from which such business was conducted in . of sient m nt within the those municipalities. Vi of Ric . ~ and evidence (j) Proof of being licensed by the of licenses 1 be presented :'Mate of Minnesota and the Village to Village at the time of of Richfield where such licenses are reg ation. -° required. Section 4. Registration. Registra- Section 5. Exemptions. The terms tion shall be made with the Village. of this ordinance shall not be held Clerk of the Village of Richfield at to include the acts of persons en- least five days prior to the date gaged in the following activities: when the activity to be carried on (a) Selling personal Property at is to commence. Persons register- wholesale to dealers in such ar- ing must file with the Vil'.:age Clerk titles; an accurate sworn registration (b) Acting as newsboys; statement in writing, on . a form (c) Selling- products of the farm furnished by the ,village Clerlc, or ^'arden occupied and cultivated which shall give the following in- by the person selling such products; formation: (d) Soliciting money, donations (a) Name and physical descrIp- or fin0ncial assistance of any kind '"~'ciuiT`-of the applicant; for env religious or charitable or- (b) Complete home and local ad- manization or selling ox• distribu- dress of the .applicant and, in the Ling literature or merchandise for case of .transient merchants, the H,hich a fee is charged or solicited local address from which proposed on behalf of such an organization. sales will be made; This exception shall not include any Cc) A brief description of the activity which has as its primary nature of the business and the purpose profit for the individuals 'product or services involved; who are engaged in such activity; (d) If employed, the name and (e) Calling upon householders in address of the employer, together connection with a regular route with credentials therefrom, estab- service for the sale and delivery of lislxing the exact relationship; perishable daily necessities of life (e) The dates and hours of the such as bakery products, dairy pro- day aurin~ which the activity will ducts or tee. This exception shall be carried on; not relt:eve such person of the duty (f) The source of supply of any of compliance with any other ap- goods or Property proposed to be plicable village ordinances. sold or orders taken for the sale thereof, where such goods or pro- Section G. Pdoof of registration. ducts are located at the time said Upon receipt of a complete reyis- registration is filed and the pro- tration, the Clerk shall transmit posed method of delivery. the same to the Chief of Police for (g) Two copies of a recent hoto- informational purposes. Within five P days after such registration the graph of the registrant, which plc- Village Clerk shall provide the reg- ture shall be approximately 2~" X istrant with. a written certificate Z~", showing the head and shout- showing proof of registration with ders of the applicant in a clear and him. Such proof of registration shall dist' guishable manner; have one copy of the registrant's statem$ to whether or Photograph attached to. it, and n e regist has been con- shall be exhibited by the regis- v' of any 'e, misdemeanor trant upon dequest of any police , o ation of municipal. ord- officer of the village at any time i other th affic violations, and at the request of any person in th ±ure of ffense and pun- the Village of Richfield ~vho is ishment or penal y assessed there- being contacted by the registrant i for; in pursuance of the registrant's (i)'The last cities or villages not registered activity. i STATE OF MINNESOTA COUNTY OF HENNEPIN, ss R. A. Broad AFFIDAVIT OF PUBLICATION being duly sworn, on oath says; that he is, and during all the times herein stated has been, one of the publishers of the newspaper known as The Richfield News, and has full knowledge of the facts hereinafter stated; that for more than one year prior to the publication therein of the .hill.---~-~~7--8..--Qrd.ina.nee...#3~-6..._relat-ink---to... the -re~stration___of---.peddlErs_,~____trensient___merchants & dealers Hawkers,- solicitors & c-anvasse^s--_&-- .p~oy~,d~ng_--pena~t_~. ~ s----~'®r_--v ola,t-ion __-there oft.-----. hereto attached, said newspaper was published in the Village of Rich- field, in the County of Hennepin, State of 1LTinnesota, on Thursday of each week; that during all said time said newspaper has beers printed in the English language from its office of publication within the Vi11- age of Richfield, Hennepin County, Minnesota, from which it is issued as above stated and in newspaper format and in column and sheet form equivalent in space l;o at least 450 running inches of single col- umn, two inches wide: has been issued as aforesaid once each week from a known office established in said place of publication and em- ploying skilled workmen and the necessary material for preparing and printing the same; that the press work on that part of the news- paper devoted to local news of interest to the community it purports to serve has been done in its known office of publication; that during all said time in its makeup not less than twenty-five percent of its news columns have been devoted to local news of interest to the coln- that during all said time it has not lublicatian, and has not been entirely Ater and advertisements; has been cir- - ace of publication to the extent of at 2400 copies regularly delivered to pay- ls second class matter in its local post- section ^'. Registration non-trans-gin on file in the office of the Ca-~nty ferable. No registration shall be NT1rinP,SOta, the affldaVlt Of a perSOri transferable from one individual to S, ShOWlrig the name and lOCatiOri of another. Each individual shall be riCP Of the conditions constituting its separately registered where more than one individual is involved in Iper. the same type o~f activity even though associated with the same •-----------------•------•------•----------°-••----......-•--•-•---•--..-...-- organization. Section S. Penalty. Any person --°---°---•-----°----•°°--°-•--°°°----------------°---•--...-°•..°. violating any of the provisions of this ordinance shall, upon convic- tion therefor, be punished by a --------•----------------•-••--••---•-•---•--••--••-•-•---•----------.....-•-- fine of not to exceed $500 or by imprisonment of not to exceed 90 --------------------------------•----.._...-..----•-•------------.-.......-•-- days. Passed by the Village Council this e columns of said newspaper, and was lztli day of Aug., 1x57. lr. the English language, once each Attest: Paul Ii. Haugen ~ weeks; that it was first so published Clerk I_ Fred O. Kitten Mayor '-----•--------- day of ----u-~t-----------------•----. 1957; O. R. Van Krevelen Manager of each week to and including the ------•--•-------------•----------•----. day of ---------------------------------------------------- 1957; and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and pubLcation of said notice, to-wit: Fad gl>11yKlmuopgrstuvt ~xyy Subscribed and sworn to before me this ----.-..- day of .---. ... 1957 ,yam ,./y . - .. Notary PubLc, Hennepin County, Minr_. My Commission expires ----------------~A~1~.';~.. C..-.SivfLTH....-......----- 1957. Notary Pcblic, ~<>i:r:.~pir, Couritp, Minn. ~;y ~;aiia:issicr: a'xplres dot. 23, 1 62