HomeMy WebLinkAbout1237 - ADMIN Ordinance - City Council - 1973/09/04•
ORIGINAL
ORDINANCE NO. 1237
AN ORDINANCE PROHIBITING PEDDLERS, SOLICITORS,
AND TRANSIENT MERCHANTS FROM ENTERING UPON
CERTAIN PREMISES WITHIN THE CITY, REQUIRING
REGISTRATION OF SUCH PERSONS, AND PROVIDING A
PENALTY FOR THE VIOLATION THEREOF
The St. Louis Park City Council ordains:
Section 1. Section 2:2501. Definitions. When used in this ordinance,
the terms defined in this section have the following meanings:
(a) "Peddler" means any person with no fixed place of
business who goes from house to house carrying or
transporting goods, wares or merchandise and offering
or exposing the same for sale, or making sales and
deliveries to purchasers of the same.
(b) "Solicitor" means any person who goes from house
to house soliciting or taking or attempting to
take orders for the purchase of any goods,
wares or merchandise, including magazines, books,
periodicals or personal property of any nature
whatsoever for delivery in the future, or orders
for the performance of maintenance or repair
services in or about the home or place of
business, such as furnace cleaning, roof
repair or blacktopping.
(c) "Transient merchant" means any person or firm
who temporarily engages in the sale of goods
of any kind anywhere in the city.
(d) "Peddler" or "solicitor" does not include:
(1) any person who sells or attempts to sell,
or solicits or attempts to solicit orders
for goods, wares or merchandise, if he
does so in behalf of a bona fide charitable,
religious, civic, educational, or political
organization;
(2) Vendors of milk, groceries, bakery products,
or other commodities, vendors of soft water
service or laundry and dry-cleaning pick-up
and delivery, or vendors of daily newspapers
who make an uninvited initiatory call upon
the occupant of a residence 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.
•
•
Section 2:2502. Peddlers and Solicitors May be Prohibited by Placard.
Any resident of the city who wishes to exclude peddlers or solicitors from
premises occupied by him may place upon or near the usual entrance to such
premises a printed placard or sign bearing the following note: "Peddlers
and Solicitors Prohibited". Such placard shall be at least 3 3/4 inches
long and 3 3/4 inches wide and the printing thereon shall not be smaller
than 48 point type. No peddler or solicitor or transient merchant shall
enter in or upon any premises or attempt to enter in or upon any premises
where such placard or sign is placed and maintained.
Section 2:2503. May Not Deface Placard. No person, other than the
person occupying such premises, shall remove or deface such placard.
Section 2:2504. Registration Required. No person shall engage in
the business of peddler, solicitor, or transient merchant, except a person
selling or peddling the products of a farm or garden occupied and
cultivated by him, unless he has first registered as provided in this
Section.
(a) Statement. Registrants shall file with the city clerk
a sworn written statement which shall include:
(1) The name of the registrant and, in the case
of the first registration, of all persons
associated with him in his business;
(2) The permanent home address for the past
five years and the current local address
of the registrant;
(3)
The place where the business is to be
carried on (in the case of transient
merchants);
(4) A description of the nature of the
business and the goods to be sold;
(5) The name and address of the employer,
principal, or supplier of the registrant,
together with credentials establishing
the exact relationship;
(6) The period of time within which he
intends to conduct activities;
(7) The source of supply of the goods or
property proposed to be sold, where
such goods or products are located at
the time the registration is filed, and
the proposed method of delivery;
-2-
•
•
(8) A recent photograph of tte registrant
which picture shall be approximately
2" by 2" showing the head and shoulders
of the registrant in a clear and distinguishing
manner;
(9)
Whether the registrant has been convicted of
any crime, misdemeanor, or violation of any
municipal ordinance, other than traffic
violations, the nature of the offense,
and the punishment or penalty assessed
therefor; and
(10) The last cities or villages, not to
exceed three, where registrant carried
on business immediately preceding date
of registration and the addresses from
which such business was conducted in
those municipalities;
(11) Whether the registrant has taken
advantage of any state or federal
bankruptcy or insolvency law or
proceeding as a bankrupt or debtor
within the 10 most recent years;
(12) Every peddler, solicitor or vendor required
to submit the foregoing information shall
promptly submit to the clerk any changes
therein required by changes in circumstances.
Section 2:2505. Annual Registration Fee. At the time of submitting
information as required by Section 2:2504 and annually on or before each
January 1 thereafter, as long as he engages in activities which require
him to submit information under Section 2:2504, the peddler, solicitor
or transient merchant shall also pay, unless constitutionally exempted,
a registration fee of $25.00.
Section 2:2506. Issuance of Certificate of Registration.
(a) Upon compliance with Sections 2:2504 and 2:2505, the
city manager or his designee shall issue a certificate
of registration. The certificate shall show:
(1) Registrant's name;
(2) Registrant's address;
(3) Registrant's photograph;
(4) Kinds of goods to be sold;
(5) Expiration date;
-3-
•
(6) An identifying number; and
(7) Signature of issuing officer.
(b) Each peddler, solicitor, or transient merchant must
secure a personal registration.
(c) No registration shall be used at any time by
any person other than the one to whom it is issued.
(d) The clerk shall keep a permanent record of
all registrations.
(e) Each registration shall be valid only
through the expiration date and no
registration may extend beyond December 31
of any year.
(f)
(g)
No registration shall be issued to peddle,
sell, or solicit orders for the sale of furs,
eyeglasses, medicines, watches, jewelry, plated
ware, or silverware.
Each certificate of registration shall prohibit
engaging in the business of solicitor, peddler
or transient merchant before the hour of 9:00 a.m.
and after the hour of 8:00 p.m. daily, except for
deliveries to a customer pursuant to a prior
order for the goods or service.
Section 2:2507. Termination of Registration. Certificates of
Registration issued under the provisions of this ordinance may be terminated
by the city manager after notice and hearing in the manner provided for
the revocation of licenses, pursuant to Ordinance Code Sections 2:15
and 2:16, for any of the following causes:
(a) Fraud, misrepresentation, or incorrect
statement, contained in the registrant's
statement.
(b) Fraud or misrepresentation made in the
course of carrying on the business of
solicitor, peddler, or transient merchant.
(c) Any violation of this ordinance.
(d) Conviction of any crime or misdemeanor.
(e) Conducting the business of peddler, solicitor,
or transient merchant, in an unlawful manner
or in such a manner as to constitute a breach
of peace or to constitute a menace to health,
safety, or general welfare of the public.
-4-
' 4
•
•
Section 2:2508. Other Acts in Violation of Ordinance. No peddler,
solicitor or transient merchant shall:
(a) Call attention to his business or his
goods by crying out, blowing a horn,
ringing a bell, or making any loud or
unusual noise.
(b) Furnish false information, or fail to
furnish information as required by
Section 2:2504.
(c) Sell merchandise or services by means
of statements which the person making
them knows or should know are false
or misleading.
(d) Sell merchandise which is not of
merchantable quality or is not fit
for the purpose for which the seller
knows or has reason to know the merchandise
is being purchased.
Section 2. Repeal. St. Louis Park Code Sections 2:2501-2510,
published August 1, 1960, and entitled "Regulating and Licensing
Transient Merchants and Peddlers", and Ordinance No. 859, adopted
October 8, 1962, and entitled "An Ordinance Declaring Door to Door
Solicitation without Invitation or Upon Posted Premises to Be A
Nuisance, Prohibiting the Same and Providing a Penalty Therefor", are
hereby repealed.
Section 3. Penalty. Any person who violates this ordinance is
guilty of a misdemeanor and may be punished by a fine of not to exceed
$300.00 or by imprisonment for not to exceed 90 days, or both.
Section 4. Effective Date. This ordinance shall take effect
January 1, 1974.
Adopted by the City
Attest:
AAAIdd
City Clerk
Reviewed for administration:
ity Manager
Approved as to form d legality:
City torney
•
a
.4). SUN NEWSPAPERS
AFFIDAVIT OF PUBLICATION
ST. LOUISPARKSUN
6601 W. 78th St.
State of Minnesota
County of Hennepin
SS.
Bloomington, Minnesota
J R RITCHAY, being duly sworn, on oath says he is and during all times here stated has
been the vice president and printer of the newspaper known as The St Louis Park Sun and
has full knowledge of the facts herein stated as follows• (1) Said newspaper is printed in the
English language in newspaper format and in column and sheet form equivalent in printed
space to at least 900 square inches (2) Said newspaper is a weekly and is distributed at least
once each week (3) Said newspaper has 50% of its news columns devoted to news of local
interest to the community which it purports to serve and does not wholly duplicate any other
publication and is not made up entirely of patents, plate matter and advertisements (4) Said
glispaper is circulated in and near the municipality which it purports to serve, has at least
copies regularly delivered to paying subscribers, has an average of at least 75% of its total
culation currently paid or no more than three months in arrears and has entry as second-class
atter in its local post -office (5) Said newspaper purports to serve the City of St Louis Park
the County of Hennepin and it has its known office of issue in the City of Bloomington in
.id county, established and open during its regular business hours for the gathering of news,
sale of advertisements and sale of subscriptions and maintained by the managing officer or
persons in its employ and subject to his direction and control during all such regular business
hours and devoted exclusively during such regular business hours to the business of the news-
paper and business related thereto (6) Said newspaper files a copy of each issue immediately
with the State Historical Society (7) Said newspaper has complied with all the foregoing
conditions for at least two years preceding the day or dates of publication mentioned below
(8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966
and each January 1 thereafter an affidavit m the form prescribed by the Secretary of State
and signed by the publisher of said newspaper and sworn to before a notary public stating that
the newspaper is a legal newspaper.
He further states on oath that the printed
hereto attached as a part hereof was cut from the cotylpt c1faident►v,7apeaplt'2 asd was printed
and published therein in the English language, once each week, for ariccessive weeks,
one
that it was first so published on the day of 19_
Thurs 13 September 73
and was thereafter printed and published on every to and including
1110—__the—__day of 19 and that the followmg is a printed copy
e the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being
ize and kind of type used in the composition and publication of said notice, to -wit.
abcdefghi j klmnopgrstuvwxyz
abcdefgh iiklmnopgrstuvwzvz
Subscribed and sworn to before me this day of 19_
13 September
G M Vest, Notary Public, Hennepin County, Minn
My Commission Expires April 18th, 1979
73
(Official Publication)
ORDINANCE NO
AN ORDINANROH BI
P 237
TING PE
DLERS, SOLICITORS, AND TRA
SIENT MERCHANTS FROM ENTE
ING UPON CERTAIN. PREMIS
WITHIN THE CITY, REQUIRING REG
FIXATION OF SUCH PERSONS, AN
PROVIDING A 'PENALTY FOR T
VIOLATION THEREOF
The St Loui'fi "'Park City Counc
ordains
Section
2 2501 Definition
When t in this ordinance, the term
defined in this section have the follow'
meanings g
(a) "Peddler" means any person with
no fixed place of business who goes
from house to house carrying or
transporting goods, wares or mer-
chandise and offering or exposing
the same for sale, or making sales
and dehvenes to pur:haaers of the
same
(b) •'Soliclor•' means any person who
goes from house to house soliciting
or taking or attempting to take
orders for the purchase of any
goods, wares or merchandise, in-
cluding magazines, books, cals rpersonal periodi-
naturewhatsooeverore elm ery iof n
the future, or orders for the perfor-
mance of maintenance or repair
services in or about the home or
place of business, such as furnace
cleaning, roof repair or blackop-
piug
(c) "Transient Merchant" means any
person or firm who temporarily
engages in the sale of goods of any
kind anywhere in the city
(d) "Peddler' or "solicitor" does not
include
(1) any person who sells or at-
ts to sell, or solicits or at-
tempts to oohed orders for goods,
wares or merchandise, if he does
so in behalf of a bona fide charita-
ble, religious, civic, educational,
or political organization
(2) Vendors of milk, groceries,
bakery products, or other com-
modities, vendors of soft water
service or laundry and dry -clean -
mg pick-up and delivery, or ven-
dors of daily newspapers who
make an uninvited initiatory call
Pore occupantocof a residence as
mprt of ia ry step to the estabhsh-
the sale and dddelivery of such coar route service m -
es or the providing of such
services oreg regular customers
May 2 25112.
Prohibited
and Solicitors
1 ted by Placard Any resi-
dent of 'the city who wishes to exclude
peddlers or solicitors from premises oc-
cupied by him may place upon or near the
usual entrance to such premises a printed
wing
note
placard or "Peddlers Solicitors Prohibit-
ed"
n annd
the o
Such placard shall be at (east 34'.
inches labg and 34: inches wide and the
printing thereon shall not be smaller than
48 point type No peddler or solicitor or
Iranatent merchant shall enter in or upon
any premises or attempt to enter in or
upon any premises where such placard or
sig --n le:tenoned and maintained
8ectlon 2 25,3 May Not Deface Mac-
., and No person, other than the person
occupying such premises, shall remove or
deface such placard- -
Sectlon 2 2688 Registration Required
No person shall engage m the business of
peddler, sohclor, or transient merchant,
except a person selhng or peddling the
producta of a farm or garden occupied
and cultivated by him, unless he has first
registered as provided in this Section
(a) Statement Registrants shall file
with the city clerk a sworn wntten
statement which shall urclude
(l l The name Of the registrant and
in the case of the first registration
of all persons associated with him
In his business,
(2) The permanent home address
for the past five years and the cur-
rent local address of the regis-
trant,
(3) The place where the business is
to be carried on (in the case of
transient merchants)
(4) A description of the nature of
the business and the goods to be
sold ,
(5) The name and address of the
employer principal, or supplier of
the registrant, together with cre-
dentials establishing the exact re-
lationship,
(6) The period of time within
which he intends to conduct activi-
ties,
(71 The source of supply of the
goods or property proposed, to be
sold, where such goods or products
---»_ar�laeater�i�td�and Pr .—
r �,_- tration is proposed _
method of delivery"
(8) A recent photograph of the re-
gistrant which picture shall be
approximately 2" by 2" showing
the head and shoulders of the revs-
,. Irani in a clear and distinguishing
manner,
(0) Whether the registrant has
been convicted of any crune, mis-
demeanor, or violation of any mu-
nicipal ordinance, other than traf-
fic violations, the nature of the of
tense, and Abe punishment or pen-
alty assessed therefor and
(10) The lastcities or villages, not
to exceed three; where registrant
carried gn.:business immediately
preceding'date of registration and
the addresses from which such
business was conducted in those
munippaal1ities
(11) Whether the registrant has
taken advantage of any state or
federal bankruptcy or insolvency
law or
,
proceeding as a bankrupt or
debtor within the 10 most recent
years
(12) Every peddler, solicitor or
vendor required o submit the fore-
going information shall promptly
submit to the clerk any changes
therein required by changes in cir-
cumstances
Section 2 2505 Annual Registration
Fee At the time of submitting informa-
tion as required by Section 2 2504 and
annually on or before each January 1
thereafter, as long as he engages in activ-
ities which require him to submit infor-
mation under Section 2 2504, the peddler,
solicitor or transient merchant shall also
pay, unless constitutionally exempted a
registration fee of $25 00
Section 2 2508 Issuance of Certificate
of letraton
(2) Registrant saddress,
(3) Registrant's pphotograph,
D- (4) Kids of goods to be sold,
N- (5) Expiration date
R- (6) An identifying number and
ES (7) Signature of issuing officer
(b) Each peddler, solicitor, or transient
D merchant must secure a personal
HE registration
(c) No registration shall be used at any
it time by any person other than the
one to whom it 13 issued
s (dl The clerk shall keep a permanent
s record of all registrations
ng (e) Each registration shall be valid
only through the expiration date
and no registration may extend
�Yoid December 31 of any year
(11 No registration shall be issued to
peddle, sell, or solicit orders for
the sale of furs, eyeglasses, medi-
cines, watches, Jewelry plated
ware, or silverware
(g) Each certificate of registration
shall prohibit engaging in the busi-
ness of sohcior, peddler or tran-
sient merchant before the hour of
9 00 a m and after the hour of 8 00
p m daily except for deliveries to
a customer pursuant to a prior
order for the goods or service
Section 2 2507 Termination of Regis-
tratlw Certificates of Registration is-
sued under the provisions of this ordi-
nance may be terminated by the city
manager after notice and hearing in the
manner provided for the revocation of
licenses pursuant to Ordinance Code Sec-
tion 2 15 and 2 16, for any of the following
causes
(a) Fraud, misrepresentation, or incor-
rect statement, contained in the
registrant's statement
(b) Fraud or misrepresentation made
m the course of carrying on the
business of solicitor, peddler, or
transient merchant
(c) Any violation of this ordinance
(dl Conviction of any crime or misde-
meanor
(e 1 Conducting the business of peddler,
solicitor, or transient merchant, in
an unlawful manner or in such a
manner as to constitute a breach of
peace or to constitute a menace to
health, safety, or general welfare
of the pubhc
Section 2 2508. Other Acts in Violation
of Ordinance No peddler, solicitor or
transient merchant shall
(a) Call attention to his business or his
goods by crying out blowing a
horn, ringing a bell, or making any
loud or unusual noise
(b) Furnish false information, or fail to
furnish information as required by
Section 2 2504
(c) Sell merchandise or services by
means of statements which the
person making them knows or
Ish�ould know are false or mislead-
Idl Sell merchandise which is not of
merchantable quality or is not fit
for the purpose for which the seller
knows or has reason to know the
merchandise is being purchased
Section 2 Repeal St. Louis Park Code
Sections 2 2504-2510, published August 1,
1960, and entitled "Regulathig and Licen-
sing Transient Merchants aaiiddPeddlers",
and Ordinance No 859, adopted October
8, 1942, and entitled "An Ordinance De-
claring
thout
InvioDoor
or Upon Door
ostedPremises Solicitation
Be
A Nuisance, Prohibiting the Same and
Providing a Penalty Therefor ', are here-
by repealed
Seetlon 3 Penalty Any person who Vio-
lates this ordinance's guilty of a misde-
meanor and may be punished by a fine of
not to exceed 1300 00 or by imprisonment
for not to exceed 90 days, or both
Section 4 Effective Date This ordi-
nance shall take effect January 1, 1974
Adopted by the City Council September
4 1973
s/ FRANK J PUCCI'
Mayor
ATTEST
s/ EARL E HANSON
City Clerk
Reviewed for administration
Chris Chercbes
Approved as to form and legality
s/i W
City AtoAVNErneyPOPHAM
(Sept 13, 19731—SLP
counc
cuss alternate times
dates for the joint mee
with Chris Cherches,
manager Moire sugge
an early October
might be best, after pr
ry elections
ublic pane
n educatio
As part of a contin
tudy of school district
he St Louis Park Lei
f Women Voters
omes the public
now Your Schools n
g Thursday, Sept'
30 p m in the Se
igh School Auditor'
25 W 33rd St
PRESIDENT it
'chards will moderi
anel of school perso
anel members are
arvin Mare, super'
ent of schools, Drl
hael Homes, direct)
lementary educa
ruce Johnson, direc
ommunity educa
rank Miller, assi
iincipal senior
mini -school),
chroeder, Westwoo
for High principal,
eterson, coordin
pen school, and Mt
a Terrell, slow le.
nd behavior proble
ervisor
After the formal p
tion, the panelists 1
vailable to answel
ons
ti
Affidavit of Publication
ST. LOUISPARKSUI'
•