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HomeMy WebLinkAbout10.B.3. Ordinance No. 886, Peddlers, Solicitor's, and Transient Merchants General Business 10. B. 3. SHAKOPEE TO: Mayor and City Council Mark McNeill, City Administrator FROM: Jeff Tate, Police Chief DATE: 06/17/2014 SUBJECT: Ordinance No. 886, Peddlers, Solicitors, and Transient Merchants (A) Action Sought Council is asked to adopt Ordinance No. 886, an Ordinance of the City of Shakopee amending Section 6.21 of the Shakopee City Code regarding Peddlers, Solicitors and Transient Merchants. Additionally, if council adopts Ordinance No. 886, council is then asked to adopt Ordinance No. 889 amending the current fee schedule to include fees for Transient Merchants. Background The police department responds to approximately 40 solicitor complaints annually. These complaints typically involve magazine sales or the conduct of the person selling door to door. The police department believes that frustration with solicitors in Shakopee is much more extensive than the 40 complaints we deal with annually. To better deal with these complaints and frustrations, the police department has done extensive research into what other cities are doing with peddlers, solicitors, and transient merchants. Through this research we have developed the proposed amendment to our current ordinance. Currently, peddlers have to register and pay a fee to the city. By law, the city cannot charge a fee for solicitors. The League of Minnesota Cities recommends separating peddlers, solicitors, and transient merchants by definition in our ordinance. The proposed draft ordinance now separates the three categories. Our research has also shown that some cities have been effective in reducing the complaints from solicitors. We have taken what the League of Minnesota Cities recently published along with what has worked in other cities and incorporated those steps into this proposed ordinance. The ordinance will require all peddlers, solicitors and transient merchants to come to the city in person, show a government issued photo identification, and completely fill out a permit application. The degree to which a background is completed and time one has to wait for approval depends on what classification the person falls into. For example, magazine sales people fall into the solicitor category; therefore, each individual would have to come register at City Hall and show a photo ID. Under the current ordinance, nobody is required to show up in person to City Hall and no photo identification is required. These steps should allow us to know exactly who is in town and when they are here. Based on what we hear from other cities, this actually could limit the number of solicitor requests we get. Additionally, each person will be required to display their city issued permit at all times. This ordinance does not and is not intended to limit political, religious or charitable fundraising activities. This proposed ordinance allows for ice cream trucks and does not affect trade shows or other community events where people may sell items. By passing this ordinance, we will not stop solicitors such as magazine sales. The intent here is to better regulate what is currently happening in the city and by making these requirements to be completed in person, we feel that fewer groups will solicit door to door in Shakopee. Recommendation Staff recommends adoption of Ordinance No. 886 and Ordinance No. 889. Budget Impact Fees associated with Peddler and Transient Merchant permits will cover staff time. The city is not allowed to collect fees for Solicitors by law. The fees for Transient Merchants are the same as those set for Peddlers. Relationship to Vision This action supports: Goal A: Keep Shakopee a safe and healthy community where residents can pursue active and quality lifestyles. Requested Action If council concurs, they should, by motion, adopt Ordinance No. 886, amending Section 6.21 of the Shakopee City Code regarding Peddlers, Solicitors and Transient Merchants, and authorize the publication of the approved Ordinance Summary. If adopted, council is also asked to adopt Ordinance No. 889, amending the City's current fee schedule to include Transient Merchants. Attachments: Ordinance No. 886, Peddlers, Solicitors, and Transient Merchants Summary of Peddler Ordinance 886 Transient Merchant Fee Ordinance 889 Ordinance NO. 886, Fourth Series AN ORDINANCE OF THE CITY OF SHAKOPEE AMENDING SECTION 6.21 OF THE SHAKOPEE CITY CODE REGARDING PEDDLERS, SOLICITORS,AND TRANSIENT MERCHANTS Section 1. Section 6.21 of the Shakopee City Code is amended to read as follows: SEC. 6.21. PEDDLERS,SOLICITORS AND TRANSIENT MERCHANTS. Subd. 1. Purpose. This Section is not intended to interfere with legitimate business activities of peddlers, solicitors and transient merchants as the same are herein defined, whether same be local or interstate. These provisions are intended only to, as nearly as possible, ferret out the illegitimate or confidence operators and to regulate and control all those who would use their unique presence on property within the City, - -- - - - - •--- - - - - - -e• -- - e - - ° - , for purposes of harassment, nuisance,theft, or other unlawful activities. Subd.2. Definitions. The following terms, as used in this Section, shall have the meanings stated: A. The term "peddler" as used in this Section, means and includes any person who goes door-to-door, street-to-street, or place-to-place, to offer or display for sale, and delivering immediately upon sale, goods, wares, merchandise, or services transported with that person. of—temporary vendors of sales or services without a fixed, determined and kited--topccsons commonly referred to as peddlers, solicitors, transient merchants or canvassers. B. The term "telephone solicitation" means any contact by telephone to secure an appointment or to make a sale of any service or merchandise, which call results in the for the purpose of selling any such service or merchandise. B. The term "solicitor" as used in this Section, means any person who, for solely commercial sales purposes, goes door-to-door, street-to-street, or place-to-place, to obtain or attempt to obtain orders for goods, wares, merchandise, or services as shown or described by sample, catalog, or some other form, for which delivery or performance will occur at a later time. C. The term "transient merchant" as used in this Section, means any person, who engages in, or transacts any temporary and transient business in the City, selling goods, wares, or merchandise; and who, for the purpose of carrying on such business, hires, leases, occupies, or uses a building, structure, vacant or occupied lot, or railroad car for the exhibition and sale of such goods, wares, and merchandise. The term "transient merchant" does not include a seller or exhibitor in a firearms collector show involving two or more sellers or exhibitors. Subd. 3. License Required for Peddlers and Transient Merchants. It is unlawful for any person to engage in business as a peddler or transient merchant in the City peddling without first obtaining a license therefor from the City. A license must be applied for at least five(5) ten (10)days prior to the date when the activity to be carried on is to commence. The applicant shall completely fill out an application for a license as prepared by the City-and pay the applicable license fee. 443318v6 RJR SH155-23 Subd. 4. healed. Registration Required for Solicitors. It is unlawful for any person to engage in business as a solicitor without first registering with the City. Each person conducting soliciting activities must completely fill out a registration form as prepared by the City. Subd.5. Conditions of Licensing and Registration. A. Separate Licenses and Registration. Each individual engaged as a peddler or person accompanying a licensee at work must secure a separate license. Each individual engaged as a solicitor or person accompanying a solicitor at work must separately register with the City. Licenses and registration are non-transferable. Proof of license or registration shall be displayed at all times. B. Practices Prohibited. It is unlawful for any person engaged in business as a peddler, solicitor, or transient merchant to do the following: , licensed under this Section, to call attention to that person's business or merchandis e bell, or by any loud or unusual noise, or by use of any amplifying device. 1. Conduct business before 8:00 a.m. or after 8:00 p.m.; 2. Call attention to that person's business by crying out, blowing a horn, ringing a bell or by any loud or unusual noise, or by use of any amplifying device; 3. Fail to display proof of license or registration, and produce valid identification when requested; 4. Remain on the property of another when asked to leave; 5. Claim endorsement by the City based on license or registration; and 6. Conduct business in any manner as to create a threat to the health, safety, and welfare a specific individual or the general public. Subd. 6. Exceptions. Licensing and Registration Exemptions. This Section does not apply to the following: any canvassing or soliciting for the purpose of charitable, religious, political, or educational 309.515 M.S.A. 1) door-to-door, street-to-street, or place-to-place advocacy or dissemination of religious, political, social, or ideological beliefs. If the advocacy or dissemination of the person's beliefs is merely incidental to a commercial activity, a person is not exempt from licensing or registration requirements; 2) solicitation of orders for future door-to-door delivery of newspapers, or to any person who may sell or peddle the products of the farm or garden occupied and cultivated by such person; 3)Tthis Section shall not apply to-persons licensed for the sale of milk, cream, dairy products and bakery products; and 4)this Section shall not apply to persons making deliveries of food and dairy products to the cutomers on his or her established delivery route. These exemptions shall not excuse a person from complying with any other applicable provision of City ordinances. Subd. 7. Suspension or Revocation of a License or Registration. Any license issued or registration obtained under and pursuant to this Section may be suspended by a police officer if the licensee or registrant has violated Subdivision 5 of this Section, or is otherwise conducting business in such a manner as to constitute a breach of peace, fraudulent conduct, or any other conduct that is prohibited by local, state or federal laws or regulations. Falsification of information required for a license or registration is also grounds for denial, suspension or revocation of a license, or suspension or revocation of registration. The license or registration shall be automatically revoked if the licensee or registrant does not file an appeal pursuant to this subdivision. When taking action on any license issued or registration under this Section, the police officer shall provide the licensee or registrant with verbal or written notice of the alleged violation. The notice shall inform the licensee or registrant of licensee':,their right to be heard before the City Council. The notice shall also inform the licensee or registrant that licensee's licence the license or registration shall be automatically revoked if no appeal is filed by the licensee within twenty-one (21) days of the date of the notice by the police officer. Verbal notice shall be confirmed within five (5)days by a mailed written notice to the licensee or registrant. The City Council shall not conduct a hearing on the license suspension unless a 443318v6 RJR SH155-23 request is made by the licensee or registrant in writing. If a request for a hearing is made, the City Council shall conduct the hearing at the next available City Council session. No City Council resolution or other notice calling for a hearing shall be required. A licensee or registrant may also be criminally charged for violation of Section 10.26 Disorderly Conduct of City Ordinance Chapter 10, Public Protection, Crimes and Offenses or violation of other local, state or federal laws or regulations. Subd. 8. Hours of Operation. No peddler shall enter upon any residential premises for the purpose of Repealed Subd.9. Posting of Placard Prohibiting Peddlers and Solicitors. A. Any City resident or business who—wishesinj to exclude peddlers and solicitors from premises occupied by the business or resident may place upon or near the usual entrance to such premises a printed placard or sign bearing the following notice: "Peddlers and Solicitors Prohibited-." or some comparable statement. Such placard shall be at least 3 'h inches long and 3'/ inches wide and the printing thereon shall be at least% inch in height. No peddler or solicitor shall enter in or upon any premises, or attempt to enter in or upon any premises,where such a placard or sign is placed and maintained. B. Violation of this subdivision shall result in the City temporarily suspending the license or registration pursuant to Subdivision 7 of this Section or initiating revocation proceedings. Section 2—Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in regular session of the City Council of the City of Shakopee, Minnesota held this 17th Day of July, 2014. Mayor of the City of Shakopee Attest: City Clerk (New language is indicated by underlining and deleted language is indicated by strike+hr., ..ho) 443318v6 RJR SH155-23 Official Summary of Ordinance No. 886 The following is the official summary of Ordinance No. 886 Fourth Series, Approved by the City Council of the City of Shakopee, Minnesota on June17,2014 AN ORDINANCE OF THE CITY OF SHAKOPEE AMENDING SECTION 6.21 OF THE SHAKOPEE CITY CODE REGARDING PEDDLERS, SOLICITORS,AND TRANSIENT MERCHANTS 1. The ordinance amends the City Code by amending the definition of"peddler" and adding definitions for"solicitor" and"transient merchant." 2. The ordinance establishes a requirement that solicitors register with the city and sets criteria for the licensing of peddlers and transient merchants. 3. The ordinance establishes prohibited practices for solicitors, peddlers, and transient merchants. A printed copy of the ordinance is available for inspection by any person at the office of the City Clerk and at the Shakopee Library. ORDINANCE NO. 889,FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE,MINNESOTA, AMENDING THE CITY'S ADOPTED 2014 FEE SCHEDULE TO ADD A TRANSIENT MERCHANT LICENSE FEE THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA, ORDAINS: WHEREAS, the City Council adopted Ordinance Number 886, requiring transient merchants to be licensed by the City; WHEREAS, Ordinance Number 886 requires transient merchants to pay a license fee before obtaining a license; and WHEREAS, the City Council has determined that it is desirable to modify the 2014 Fee Schedule in order to add the amount of the license fee to be charged by the City for a transient merchant license. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Shakopee that the Adopted 2014 City Fee Schedule is amended to add the following: Transient Merchant License Fee $ 50.00 Background $50.00 Weekly $50.00 Six Month $160.00 One Year Adopted in regular session of the City Council of the City of Shakopee, Minnesota held this 17th day of June, 2014. Mayor of the City of Shakopee ATTEST: City Clerk Published in the Shakopee Valley News on 445282v1 JJT SH155-23