"No Soliciting" sign for your door

Transcription

1 "No Soliciting" sign for your door The Peddler licensing process is handled by the Administration Department, (651) ; Fax: (651) Door to Door Sales within the City of Stillwater requires licensing at City Hall. This is in addition to any State license peddlers may have obtained from the State of Minnesota. Ordinance No was adopted February 1, 2011, changing some of the regulations for licensing. See document below. Process Peddlers/Solicitors Application Packet Company contact must fill out the application form. A Personnel History Application with a legible copy of a State Issued Photo ID and $15 background check fee must be included for each person who will be operating in the City. The information will be submitted to the Police Department for background check and the process should not take more than 3 business days from the time the applicant submits the required information and fees paid. The license is not valid until approved by the City. License cards will be issued to the applicant for all persons soliciting in the City. These license cards must be picked up at City Hall before soliciting. Companies distributing door-to-door flyers but who are not knocking on doors and actively soliciting business by talking to residents should fill out this form and return it to City Hall along with a copy of what they are distributing. This does not require a background check or license. Licensing of Peddlers/Solicitors does not constitute endorsement of the product by the City of Stillwater.

2 Company Application th Street N, Stillwater, MN APPLICATION FOR TRANSIENT MERCHANT/PEDDLER/ CANVASSER/SOLICITOR LICENSE One copy of this form is to be completed by the company contact or representative. In addition, each solicitor going door to door must complete a Personal History form. Please include the $15.00 background check fee for each Personal History form submitted. 1. Business Information: Name of Employer (Business Name) Address of Employer/Business: Address City State Zip 2. Employer Contact Information: Full Name: First Middle Last Address (if different than above): Telephone Number: ( ) Cell Number: ( ) 3. Number of Representatives of this company that will be in Stillwater: (Each representative, including employer contact or owner must complete the Personal History portion for background checks attach all to application) 4. Brief description of nature of business, goods to be sold, and method of operation:

3 5. Approximate dates applicant intends to do business in Stillwater: From Month /Day/Year to Month/Day/Year 6. Where are goods proposed to be stored? 7. Where are goods currently stored? 8. Where are goods manufactured or obtained? 9. Proposed method of delivery of goods: 10. Has person managing business been convicted of any crime, misdemeanor or violation of any municipal ordinance involving activities licensed under this chapter? If so, nature of the offence and penalty: 11. Description and license number of vehicles Make Model Year Color License # 12. Statement of nature, character and quality of goods, merchandise or services to be sold or offered for sale by applicant, invoice value and quality, whether the same are proposed to be sold from stock in possession or by sample, direct sale, or by taking orders: Revised May 2016

4 13. A brief statement of the nature of the advertising done or proposed to be done in order to attract customers: 14. Please list all other Minnesota cities in which this business has solicited in the past three years. ANY FALSIFICATION OF ANSWERS TO THE PROCEEDING QUESTIONS WILL RESULT IN DENIAL OF THE APPLICATION. Signature of Applicant Date Applicant s Name - Please print Company Name REQUIRED IN ADDITION TO APPLICATION: 1. Completed Personal History Form for each individual (including employer contact or owner) operating in the City with a copy of State Issued Drivers License or State Issued Identification Card (Legible) No other form of identification is acceptable. 2. Written consent of the owners or occupants (if applicable): ADMINISTRATION / POLICE OFFICE USE ONLY Date Stamped Copy of State Issued Driver s License or State Issued ID Card Included with Personal History Previous complaints on the Company within 3 years? Yes No (Police to verify) Personal History completed for number of representatives? Date Application/Personal History sent to Police Department: Approved Not Approved If not, why: By: Revised May 2016

5 ater Administration Memorandum To Mayor City Council From Diane Ward Date Re Peddlers and Solicitors 2nd Reading of Ordinance 1026 Attached is the revised ordinance with the additions requested by Council in red at the last meeting Should Council approve the second reading the ordinance will be published on Friday February 4 and be effective on February Stn We do have three peddlers that registered under the current ordinance Their registration is effective for 60 days therefore they should be grandfathered until their registration expires and if they renew or apply in the future they would have to follow the new process The ordinance has been reviewed by Chief Gannaway City Administrator Hansen and City Attorney Magnuson RECOMMENDATION Staff recommends that the ordinance be adopted ACTION REQUIRED If Council agrees with the staff recommendation they should pass a motion adopt Ordinance 1026 an ordinance amending Chapter 41 of the Stillwater City Code Section 414 entitled Peddlers and Solicitors

6 ORDINANCE NO 1026 AN ORDINANCE AMENDING CHAPTER 41 OF THE STILLWATER CITY CODE SECTION 414 ENTITLED PEDDLERS AND SOLICITORS The City Council of the City of Stillwater does ordain 1 AMENDING The Stillwater City Code Section 41 4 entitled Peddlers and Solicitors is deleted in its entirety and hereby replaced with the following Subd 1 Definitions and interpretation Except as may otherwise be provided or clearly implied by context all terms shall be given their commonly accepted definitions The singular shall include the plural and the plural shall include the singular The masculine shall include the feminine and the neuter and vice versa the term shall means mandatory and the term may is permissive The following terms shall have the definitions given to them Person The term person shall mean any natural individual group organization corporation partnership or association As applied to groups organizations corporations partnerships and associations the term shall include each member officer partner associate agent or employee Peddler The term peddler shall mean a person who goes from housetohouse doorto door business tobusiness street tostreet or any other type of placetoplace 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 personnel property that the person is carrying or otherwise transporting The term peddler shall mean the same as the term hawker The term shall also apply to any person offering for sale any service that the person can immediately provide Solicitor The term solicitor shall mean a person who goes from housetohouse doorto door businesstobusiness street tostreet or any other type of place toplace for the purpose of obtaining or attempting to obtain orders for goods wares products merchandise other personal property or services of which he or she may be carrying or transporting samples or that may be described in a catalog or by other means 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 activity is to obtain or attempt to obtain orders as described above The term solicitor shall mean the same as the term canvasser Transient merchant The term transient merchant shall mean a person who temporarily sets up business out of a vehicle trailer boxcar tent other portable shelter empty store front motel or hotel room 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 or intend to remain in any one location for more than ten consecutive days Regular business day Any day during which the City Hall is normally open for the purpose of conducting public business Holidays defined by State law shall not be counted as regular business days Subd 2 Exceptions to definitions For the purpose of the requirements of this Section the terms peddler solicitor and transient merchant shall not apply to any person selling or attempting to sell

7 at wholesale any goods wares products merchandise or other personal property to a retailer of the item s being sold by the wholesaler The terms also shall not apply to 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 and milk nor shall they apply to any person making deliveries of perishable food and dairy products to the customers on his or her established regular delivery route In addition persons conducting the type of sales commonly known as garage sales rummage sales estate sales or lemonade stands operated by children as well as those persons participating in an organized multi person bazaar or flea market shall be exempt from the definitions of peddlers solicitors and transient merchants as shall be anyone conducting an auction as a properly licensed auctioneer or any officer of the court conducting a court ordered sale Subd 3 License Required No solicitor peddler hauler or transient vendor of merchandise without having been requested or invited to do so by the owner or occupant shall enter a private residence or enter upon private or public property within the City for the purpose of soliciting orders for the sale of goods wares and merchandise or for the purpose ofdisposing ofor peddling or hauling such goods wares and merchandise and no person may conduct business as a Transient Merchant without first obtaining a license with the City Subd 4 Form contents The license application must be completed on a form approved by the City Clerk and must include the following information 1 Application a Name and description of applicant b Permanent home address and full local address of the applicant c A brief written description of the nature of the business the goods to be sold and the applicant smethod of operation d If employed the name and address of the employer together with credentials establishing the exact relationship e The length of time which the applicant intends to do business in the City with the approximate dates f The place where goods or property proposed to be sold or orders taken for the sale thereof are manufactured or produced where such goods or products are located at the time said application is filed and the proposed method of delivery g A copy of a picture ID state issued driver s license or ID card no other form of ID is acceptable h A statement as to whether or not the applicant or the person managing the business has been convicted of any crime misdemeanor or violation of any municipal ordinance involving activities licensed under this Chapter the nature of the offense and the punishment or penalty assessed therefore i If a vehicle is to be used a description of the same together with license number or other means of identification j A statement of the nature character and quality of the goods wares or merchandise to be sold or offered for sale by the applicant the invoice value and quality of such goods wares and merchandise whether the same are proposed to be sold from stock in possession or by sample at auction by direct sale or by taking orders for future delivery

8 k A brief statement of the nature character and content of the advertising done or proposed to be done in order to attract customers samples may be requested 1 Credentials from the person for which the applicant proposes to do business authorizing the applicant to act as such representative m Transient merchants shall include the addresses of all places where the business is to be located along with written consent of the owners or occupants 2 Personal History a Each applicant and representative of the applicant who will be going door todoor must submit a Personal History application to be included with the License Application b Personal History will include a Data Practices Advisory for Protected Information and Consent for Release of Information c Personal History must include a copy of a picture ID State issued driver s license or ID card No other form of identification is acceptable 3 Background and Drivers License Check a The City Police Department is authorized to run criminal background checks using the CJDN terminal and perform driver s license checks on solicitors and peddlers that are licensed with the City b Fees Fees for criminal background check and Drivers License Check of applicant and each representative sof the applicant for licenses will be set from time to time by City Council resolution Subd 5 Procedure 1 An application shall be determined to be complete only if all required information is provided and background check fee s are paid as determined by the City Clerk 2 Application review Criminal History Background and Drivers License Check and possible issuance of license will be completed within three 3 business days 3 No license will be issued until information stated in this Section is completed Subd 6 License exemptions If approved a license card initialed by the City Clerk will be issued for each individual associated with the application The applicant and each representative is required to show this license card and a picture ID to any City resident law enforcement officer or City of Stillwater employee upon request 1 No license shall be required of any person going from housetohouse door to door businesstobusiness streetto street or other type of place to place when such activity is for the purpose of exercising that person State or Federal Constitutional rights ie freedom of speech press religion etc except that this exemption may be lost if the person exercise of Constitutional rights is merely incidental to a commercial activity Professional fundraisers working on behalf of

9 an otherwise exempt person or group shall not be exempt from the licensing requirements of this Section 2 Charitable organizations and representatives thereof duly registered under the laws of Minnesota as set forth in Minnesota Statutes Sections or those specifically exempted from license under the provisions thereof including schools scouts or organized youth athletic leagues and their representatives 3 A solicitor or canvasser doing business by appointment 4 A solicitor or canvasser taking orders for the future door todoor delivery of newspapers 5 Salesmen selling foods to retail or wholesale stores or to professional or industrial establishments 6 The conduct of garage sales rummage sales or estate sales 7 No license shall be required for vendors as a preliminary step to the establishment of a regular route service for the sale and delivery of such commodities or the providing of such services to regular customers 8 Religious organizations that maintain a building within the City of Stillwater conducting legitimate fundraising activities 9 Any candidate campaigning for political office or others campaigning on their behalf Subd 7 Ineligibility for solicitation within the City The following shall be grounds for not allowing licensing under this Section 1 The failure of the applicant to truthfully provide any ofthe information requested by the City as a part of the application or the failure to sign the application 2 The conviction of the applicant representative within the past three years from the date oflicense for any violation of any federal or state statute or regulation or of any local Code provision or ordinance which adversely reflects on the person ability to conduct the business for which the license is being sought in an honest and legal manner or that will not adversely affect the health safety and welfare of the residents of the City Such violations shall include but not be limited to burglary theft larceny swindling fraud unlawful business practices and any form of actual or threatened physical harm against another person 3 The revocation within the past three years of any previous registration andor license issued to the applicant for the purpose of conducting business as a peddler solicitor or transient merchant 4 The applicant is determined to have a bad business reputation Evidence of a bad business reputation shall include but not be limited to the existence of more than two complaint s against the applicant with the Better Business Bureau the Attorney General s Office or other similar business or consumer rights office or agency or the Stillwater Police Department within the preceding 12 months or five such complaints filed against the applicant within the preceding three years Subd 8 Suspension and revocation Any license issued under this Section shall be suspended or revoked at the discretion of the City Council City Administrator or City Clerk for violation of any ofthe following 1 Fraud misrepresentation or incorrect statements on the application form 2 Fraud misrepresentation or false statements made during the course of the licensed activity

10 3 Conviction of any offense for which granting of a license could have been denied under Subdivision 7 ofthis Section 4 Violation of any provision of this Section The suspension or revocation of any license issued for the purpose of authorizing multiple persons to conduct business as peddlers or transient merchants on behalf of the applicant shall serve as a suspension or revocation of each such authorized person authority to conduct business as a peddler or transient merchant on behalf of the application whose license is suspended or revoked Subd 9 Notice Prior to revoking or suspending any license issued under this Section the City shall provide the applicant with written notice of the alleged violation sand inform the licensee of his or her right to a hearing on the alleged violation Notice shall be delivered in person or by mail to the permanent residential address listed on the license application or if no residential address is listed to the business address provided on the license application Subd 10 Public hearing Upon receiving the notice provided in Subdivision 1 the licensee shall have the right to request a public hearing If the City Clerk receives no request for a hearing within ten regular business days following the service of the notice the City may proceed with the suspension or revocation For the purpose of mailed notices service shall be considered complete as of the date the notice is placed in the mail Ifa public hearing is requested within the stated time frame a hearing shall be scheduled within 30 days from the date of the request Within three regular business days of the hearing the City Council shall notify the licensee of its decision Subd 11 Emergency If in the discretion of the City Administrator or Police Chief 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 Section the City Administrator or Police Chiefshall immediately suspend the person license and provide notice of the right to hold a subsequent public hearing as prescribed in Subdivision 9 of this Section Subd 12 Appeals Any person whose license is suspended or revoked under this Section shall have the right to appeal that decision in court Subd 13 Transferability No license issued under this Section shall be transferred to any person sother than the person sto whom the license was issued current year Subd 14 License Period Licenses shall run from approval date through December 31 of the Subd 15 Prohibited activities No business in any of the following manners peddler solicitor or transient merchant shall conduct 1 Calling attention to his or her business or items to be sold by means of blowing any horn or whistle ringing any bell crying out or by any other noise so as to be unreasonably audible within an enclosed structure 2 Obstructing the free flow of either vehicular or pedestrian traffic on any street alley sidewalk or other public rightofway 3 Conducting business in such a way as to create a threat to the health safety and welfare of any individual or the general public

11 4 Conducting business before ten oclock in the morning 10 00am or after seven oclock at night700pm 5 Failing to provide proof of license and photo identification as stated in Subd 4 g when requested by any resident law enforcement agency City staff or others or using the license of another person 6 Making any false or misleading statements about the product or service being sold including untrue statements of endorsement No peddler solicitor or transient merchant shall claim to have the endorsement of the City of Stillwater solely based on the City having issued a license to that person 7 Remaining on the property of another when requested to leave or to otherwise conduct business in a manner a reasonable person would find obscene threatening intimidating or abusive 8 No peddler is permitted to operate at any location within the public parks of the City except by permit given by the parks board Subd 16 Right to deny The City Council reserves the right to deny permission to any peddler if the number of peddlers in any park or location will cause congestion impede or inconvenience the public Subd 17 Violations and penalties Any person who violates any provision of this Section shall be guilty of a misdemeanor and upon conviction of any violation shall be subject to a fine not to exceed 700 or a jail sentence not to exceed 90 days or both plus the cost of prosecution Each day a violation exists shall constitute a separate violation for the purposes ofthis Section 2 SAVING In all other ways the City Code will remain in full force and effect 3 EFFECTIVE DATE This ordinance will be in effect from and after its passage and publication according to law Adopted by the Stillwater City Council this lday offebruary 2011 ATTEST Ken Harycki Mayor DianeF Ward City Clerk

12 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF WASHINGTON Julie Athey being duly sworn on oath says that she is and during all times herein states has been Clerk of Sun Newspapers Publisher of the newspaper known as the Stillwater Gazette a newspaper of general circulation within the City of Stillwater and the County of Washington That the notice hereto attached was cut from the columns of said newspaper and was printed and published therein on the following date s 3 of February 2011 Newspaper RefAd ice Subscribed and sworn to before me this 3 day of February 2011 Mark Berriman NOTARY P ice BLIC Washington County Minnesota My commission expires January l Ir n ERRIMAN NOTARY PUBLIC ININNl19ATA ht Jtn

13 ti AN ORDINANCE AMENDING CHAPTER 41 City of Stillwater StillwaterGazette February DE OR NO OF THE STHLLWATERTER CITY TY COODE SECTION 414 ENTITLED PEDDLERS AND SOLICITORS shall not be exempt from the licensing requirements of u s The City Council of the City of Stillwater does ordain thisi Section r 1 AMENDING The Stillwater City Code Section 414 entitled 2 Charitable organizations and representatives thereof duly Peddlersand Solicitors is deleted inits entirety and hereby replaced reglstered under the laws of Minnesota as set forth in or those specifically exempted from license under the provisions Subd 1 Definitions and interpretation Except as may otherwise be thereof including schools scouts or organized youth ath provided or clearly implied by context all terms shall be given their com monly accepted definitions The singular shall inciui a the plural and the letic leagues and their representatives 3 A solicitor or canvasser doing business by appointment plural shall includethe singular The masculine shalpinclude the feminine 4A solicitor or canvasser taking orders for the future doorto and the neuter and vice versa theterm shall meads mandatory and the door delivery of newspapers term may is permissive The following terms shall have the definitions 5 Salesmen selling foods to retail or wholesale stores or to given to them professional or industrial establishments PersonThe term person shall mean any natural individual group 6The conduct of garage sales organization corporation partnership or association As applied to sales rummage sales or estate groups organizations corporations partnerships and associations the 7No license shall be required for vendors as a preliminary term shall include each member officer partner associate agent or step to the establishment of a regular route service for the employee sale and delivery of such commodities or the providing of Peddler The term peddler shall mean a person who goes from such services to regular customers house to house doorto to business streettostreet or 8 Religious organizations that maintain a building within the any other type of place to place for the purpose of offering for sale dis City of Stillwater conducting legitimate fundraising activi playing or exposing for sale selling or attempting to sell and delivering ties immediately upon sale the goods wares products merchandise orother 9 Any candidate campaigning for political office or others personnel property that the perm is carrying or otherwise transporting campaigning on their behalf The term peddler shall mean thesame as theterm hawker The term shall Subd 7 Ineligibility for solicitation within the City The following shall also apply to any person offering for sale any service that the person can be grounds for notallowing licensing under this Section immediately provide 1 The failure of the applicant to truthfully provide any of the Solicitor The term solicitor shall mean a person who goes from information requested by the City as a part of the applica house to house doortodoor business to business street to street or tion or the failure to sign the application any other type of placetoplace forthe purpose of obtaining or attempting 2 The conviction of the applicant representative within the to obtain orders for goods wares products merchandise other personal past threeyears from the date of license for any violation property or services of which he or she may be carrying or transporting of any federal or state statute or regulation or of any local samples orthat may be described in a catalog or by other means and for Code provision or ordinance which adversely reflects on which delivery or performance shall occurat a later time The absence of the person ability to conduct the business for which the samples or catalogs shall notremove a person from the scope of this pro license is being sought in an honest and legal manner or vision if the actual purpose of the person activity is to obtain or attempt that will not adversely affect the health safety and welfare to obtain orders as described above The term solicitor shall mean the ofthe residents of the City Such violations shall include but same as the term canvasser not be limited to burglary theft larceny swindling fraud Transient merchantthe term transient merchant shall mean a per unlawful business practices and any form of actual or son who temporarily sets up business outof a vehicle trailer boxcar tent threatened physical harm against another person other portable shelter empty store front motel or hotel room for the pur 3The revocation within the past three years of any previous pose of exposing or displaying for sale selling or attempting to sell and registration and or license issued to the applicant for the delivering goods wares products merchandise mother personal proper purpose of conducting business as a peddler solicitor or ty and who does not remain or intend to remain in any one location for transient merchant more than ten consecutive days 4 The applicant is determined to have a bad business repute Regular business day Any day during whichthe City Hall is normally tion Evidence of a bad business reputation shall include open for the purpose of conducting public business Holidays defined by but notbe limited to the existence of more than two com State law shall not be counted as regular business days plaint s against the applicant with the Better Business Subd 2 Exceptions to definitions For the purpose of the require Bureau the Attorney General s Office or other similar ments of this Section the terms peddler solicitor and transient mer business or consumer rights office or agency or the chant shall notapply to any person selling or attempting to sell at whole Stillwater Police Department within the preceding 12 sale any goods wares products merchandise or other personal property months or five such complaints filed against the applicant to a retailer of theitem s being sold by the wholeseler Theterms also shall within the preceding three years notapply to any person who makes initial contacts with other people forthe Subd 8 Suspension and revocation Any license issued under this purpose of establishing or trying to establish a regular customer delivery Section shall be suspended or revoked at the discretion of the City Council route for the delivery of perishable food and dairy products such as baked City Administrator or City Clerk for violation of any of the following goods and milk nor shall they apply to any person making deliveries of 1 Fraud misrepresentation or incorrect statements on the perishable food and dairy products to the customer on his orher estab application form lished regular delivery route In addition persons conducting the type of 2Fraud misrepresentation or false statements made during sales commonly known as garage sales rummy sales estate sales or the course of the licensed activity lemonade stands operated by children as well fls pan 1 3 Conviction of any offense for which gr anting a license ing in an organized multi person bazaar or fled shall be exempt COO have been defiled under Subdivision 7 of this from the definitions of peddlers solicitors and transient merchants as Section shall be anyone conducting an auction as a properly licensed auctioneer 4 Violation of any provision of this Section or any officer of the court conducting a court ordered sale The suspension or revocation of any license issued for the pur Subd 3 License Required No solicitor peddler hauler or transient pose of authorizing multiple persons to conduct business as vendor of merchandise without having been requested orinvited to do so peddlers or transient merchants on behalf of the applicant by the owneror occupant shall enter a private residence orenter upon pri shall serve as a suspension or revocation of each such author vate orpublic property withinthe City forthe purpose of soliciting orders for ized person authority to conduct business as a peddler or the sale of goods wares and merchandise orfor the purpose of disposing transient merchant on behalf of the application whose license of or peddling or hauling such goods wares and merchandise and no per is suspended or revoked son may conduct business as a Transient Merchant withoutfirst obtaining Subd 9 Notice Prior to revoking or suspending any license issued a license with the City under this Section the City shall provide the applicant with written notice

14 Subd 4Formcontents The license application must be completed of the alleged violation s and inform the licensee of his or her right to a on a form approved by the City Clerk and must include the following infor hearing on the alleged violation Notice shall be delivered in person or by mation mail the permanent residential address listed on the license application t 1 Application or if no residential address is listed to the business address provided on a Name and description of applicant the license application b Permanent home addressand full local address of the appli Subd 10 Public hearing Upon receiving the notice provided in cant Subdivision 1 the licensee shall have the right to request a public hearing c A brief written description of thenature of thebusiness the If the City Clerk receives no request for a hearing within ten regular busi goods to be sold and theapplicant s method of operation ness days following the service of the notice the City mayproceed with the d Ifemployed the name and address ofthe employer togeth suspension or revocation For the purpose of mailed notices service shall erwith credentials establishing the exactrelationship be considered complete as of the date the notice is placed in the mail If a e The length of time which the applicant intends to do busi public hearing is requested withinthe stated time frame a hearing shall be ness in thecity with the approximate dates scheduled within 30 days from the date of the request Within three regu f The place where goods or property proposed to be sold or lar business days of the hearing the City Council shall notify the licensee orders taken for the sale thereof are manufactured or pro of its decision duced where such goods or products are located at thetime Subd 11 Emergency If in the discretion of the City Administrator or said application is filed and the proposed method of delivery Police Chief imminent harm to the health or safety of the public may occur g A copy of a picture ID state issued driver slicense or ID because of the actions of a peddler or transient merchant licensed under card no other form of ID is acceptable this Section the City Administrator or Police Chiefshall immediately sus h A statement as to whetheror not the applicant or the per pend the person slicense and provide notice of the right to hold a subse son managing the business has been convicted of any crime quell public hearing as prescribed in Subdivision 9 of this Section misdemeanor or violation of any municipal ordinance involving Subd 12 Appeals Any person whose license is suspended or activities licensed underthis Chapter thenature of the offense revoked under this Section shall have the right to appeal that decision in and the punishment or penalty assessed therefore court 1 If a vehicle is to be used a description of the same togeth Subd 13 Transferability No license issued under this Section shall be er with license numberorother means of identification transferred to any person sother than the person sto whom the license j A statement of the nature character and quality of the was issued goods wares or merchandise to be sold oroffered for sale by Subd 14 License Period Licenses shall run from approval date the applicant the invoice value and quality of such goods through December 31 of the current year wares and merchandise whetherthe same are proposed to be Subd 15 Prohibited activities No peddler solicitor or transient mer sold from stock in possession or by sample at auction by chant shall conduct business in any of the following manners direct sale or by taking orders for future delivery 1 Calling attention to his or her business or items to be sold k A brief statementof thenature character and contentof the by means of Blowing any horn or whistle ringing any bell advertising doneor proposed to be done in order to attractcus crying out or by any other noise so as to be unreasonably tomers samples may be requested audible within an enclosed structure I Credentials from theperson for whichtheapplicant propos 2 Obstructing the free flow of either vehicular or pedestrian es to do business authorizing the applicant to actas such rep traffic on any street alley sidewalk or other public rightof resentative way m Transient merchants shall include the addresses of all 3Conducting business in such a way as to create a threat to places where the business is to be located along with written the health safety and welfare of any individual or the gen consent of theowners or occupants oral public 2 Personal History 4 Conducting business before ten oclock in the morning a Each applicant and representative of the applicant who 10 00amor after sevenoclock at night700pm will be going doortodoor must submit a Personal History 5 Failing to provide proof of license and photo identification application to be included with the License Application as stated in Subd 4 gwhen requested by any resident b Personal History will include a Data Practices Advisory for law enforcement agency City staff or others or using the Protected Information and Consent for Release of Information license of another person c Personal History must include a copy of a picture ID State 6 Making any false or misleading statements about the prod issued driver s license or ID card No other form of identifica uct or service being sold including untrue statements of tion is acceptable endorsement No peddler solicitor or transient merchant 3 Background and Drivers License Check shall claim to have the endorsement of the City of Stillwater a The City Police Department is authorized to run criminal solely based on the City having issued a license to that per background checks using the CJDN terminal and perform dri son vet s license checks on solicitors and peddlers that are 7 Remaining on the property of another when requested to licensed with thecity leave or to otherwise conduct business in a manner a rea b Fees Fees for criminal background check and Drivers sonable person would find obscene threatening intimidat Ucense Check of applicant and each representative of the ing or abusive applicant for licenses will be set from time to time by City 8No peddler is permitted to operate at any location within the Council resolution public parks of the City except by permit given by the parks Subd 5 Procedure board 1 An application shall be determined to be complete only if Subd 16 Right to deny The City Council reserves the right to deny all required information is provided and background check permission to any peddler if the number of peddlers in any park or location fee s are paid as determined by the City Clerk will cause congestion impede or inconvenience the public 2 Application review Criminal History Background and Subd 17 Violations and penalties Any person who violates any pro Drivers License Check and possible issuance of license willbe vision of this Section shall be guilty of a misdemeanor and upon conviction completed within three 3 business days of any violation shall be subject to a fine not to exceed 700 or a jail 3 No license will be issued until information stated in this sentence not to exceed 90 days or both plus the cost of prosecution Each Section is completed day a violation exists shall constitute a separate violation for the purposes If approved a license card initialed by the City Clerk will be of this Section issued for each individual associated with the application The 2 SAVING In all other ways the City Code will remain in full applicant and each representative is required to show this force and effect license card and a picture ID to any City resident law enforce 3 EFFECTIVE DATE This ordinance will be in effect from and after its ment officer or City of Stillwater employee upon request passage and publication according to law Subd 6 License exemptions 1 No license shall be required of any person going from Adopted by the Stillwater City Council this 1st day of February 2011 house tohouse doortodoor businesstobusiness streettostreet orother type of placetoplace when such s Ken Harycki activity is forthe purpose of exercising that person State Ken Harycki Mayor or Federal Constitutional rights ie freedom of speech press religion etc except that this exemption may be lost ATTEST if the person sexercise of Constitutional rights is merely incidental to a commercial activity Professional fundraisers s Diane F Ward working on behalf of an otherwise exempt person or group Diane F Ward City Clerk Feb City of Stillwater Ordinance No 1026