Loading...
HomeMy WebLinkAbout1353 - ADMIN Ordinance - City Council - 1976/12/06ORDINANCE NO. 1353 AN ORDINANCE RELATING TO SOLICITING; AMENDING SECTIONS 13-1330, 13-1333, 13-1335 AND 13-1337 THE ST. LOUIS PARK CITY COUNCIL ORDAINS: Section 1. The St. Louis Park Ordinance Code, Sections 13-1330, 13-1333, 13-1335 and 13-1337, are amended to read: Section 13-1330. Definitions. When used in this ordinance, the terms defined in this section have the following meanings: (1) "Peddler" means any person with no fixed place of business who goes from house to house carrying or transporting goods, wares•or merchandise and of- fering or exposing the same for sale, or making sales and deliveries to purchasers of the same. (2) "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, peri- odicals or personal property of any nature what- soever for delivery in the future, or orders for the performance of maintenance or repair services in or about the home or place of busi- ness, such as furnace cleaning, roof repair or blacktopping. It also means any person who canvasses, solicits or calls from house to house for contributions or support for any charitable, religious, civic, educational, philanthropic, social service, welfare, or eleemosynary orga- nization. (3) "Transient merchant" means any person or firm who temporarily engages in the sale of goods of any kind anywhere in the City. (4) "Peddler or "solicitor" does not include: (a) Any person who sells or attempts to sell, or solicits or attempts to solicit orders for goods, wares or r merchandise, or who canvasses, soli- cits or calls from house to house for contributions or support, if he/she does so: a-1. in behalf of a charitable, bene- volent, philanthropic, patriotic, religious, social service, welfare, educational or eleemosynary organiza- tion a majority of the membership of which are residents of St. Louis Park and which organization so identified in the course of canvassing, solicit- ing or peddling, or a-2. in behalf of a bona fide politi- cal organization. (b) Vendors of milk, groceries, bakery products, or other commodities, ven- dors or soft water service or laundry and dry-cleaning pick-up delivery, or vendors of daily newspapers who make an uninvited initiatory call upon the occupant of a residence as a prelimi- nary 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 13-1333. Registration Required. No person shall engage in the business of peddler, solicitor, or transient mer- chant, 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. {1} Statement. Registrants shall file with the city clerk a sworn written statement which shall include: (a) The name and permanent home address of the registrant for the past five years and the current local address of the registrant; (b) In the case of transient merchants, the place where the business is to be car- ried on, a description of the nature of the business and the goods to be sold; -2- (c) The name and address of the employer or principal of the registrant and the name and address of any supplier of the registrant. Credentials estab- lishing the exact relationship of the registrant to the employer or princi- pal shall be attached to the registra- tion. (d) The period of time within which he intends to conduct activities; (e) The source of supply of the any 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; (f) A recent photograph of the registrant which picture shall be approximately 2" by 2" showing the head and shoul- ders of the registrant in a clear and distinguishing manner; (g) Whether the registrant has been convic- ted of any felony, gross misdemeanor or misdemeanor for which a jail sentence may be imposed; (h) 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; (i) Whether the registrant has taken advan- tage of any state or federal bankruptcy or insolvency law or proceeding as a bankrupt or debtor within the 10 most recent years; (j) Every peddler, solicitor or vendor required to submit the foregoing in- formation shall promptly submit to the clerk any changes therein required by changes in circumstances. (k) If the application is to solicit funds, financial information shall be supplied about the organization in behalf of -3- which funds are to be solicited, in the form specified by the city clerk. Section 13-1335. Issuance of Certificate of Registration. (1) Upon compliance with Sections 13-1333 and 13-1334, the City Manager or his designee shall issue a a certificate of registration. The certificate shall show: (a) Registrant's name; (b) Registrant's address; (c) Registrant's photograph; (d) Kinds of any goods to be sold; (e) Name and address, including popular name(s), of the organization for which any funds are to be solicited. (f) Expiration date; (g) An identifying number; and (h) Signature of issuing officer. (2) Each peddler, solicitor, or transient merchant must secure a personal registration. (3) No' registration shall be used at any time by any person other than the one to whom it is issued. (4) The clerk shall keep a permanent record of all registrations. (5) Each registration shall be valid only through the expiration date and no registration may extend beyond December 31 of any year. (6) No registration shall be issued to peddle, sell, or solicit orders for the sale of furs, eyeglasses, medicines, watches, jewelry, plated ware, or silverware. (7) 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. -4- r Section 13-1337. Other Acts in Violation of Ordinance. No peddler, solicitor or transient merchant shall: (1) Call attention to his business or his goods by crying out, blowing a horn, ringing a bell, or making any loud or unusual noise. (2) Furnish false information or fail to furnish information as required by Section 13-1333. (3) Sell merchandise or services or solicit funds by means of statements which the person mak- ing them knows or should know are false or misleading. (4) 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 mer- chandise is being purchased. Sec. 2. 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. Sec. 3. Effective Date. This ordinance shall take effect fifteen (15) days after its publication. Adopted by the City Council December 6 , 1976. Mayor Attest: 4144444Wiauw City Clerk Reviewed or administration: Approved as to form and legality: ger City ttorne -5- 141* SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION ST LOUISPARKSUN 6601 W. 78th St. Bloomington, Minnesota State of Minnesota 1 County of Hennepin j ss. 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 at 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 newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office (5) Said newspaper purports to serve the City of St Louis Park, Golden Valley School District No 275 and Robbinsdale School District No 281 in the County of Hennepin and it has its known office of issue in the City of Bloomington in said 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 of said newspaper 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 and at which said newspaper is printed (6) Said newspaper files a copy of each issue immediately with the State Historical Society (7) Said newspaper is made available at single or subscription prices to any person, corporation, partnership or other unincorporated association requesting the newspaper and making the applicable payment (8) Said newspaper has complied with all foregoing conditions for at least one year preceding the day or dates of publication mentioned below (9) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretaiy of State and signed by the managing officer 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 Ordinance No. 1353 hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for One successive weeks: that it was first so published on Wed the 15 and was thereafter printed and published on every day of December 19_ to and including the day of , 19- 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 publication of said notice, to -wit abcdefghijklmnopqrstuvwxyz Subscribed and sworn to before me this 1 5 day of December 19 • m VVVVuMMNAA/1 ,WV' AAAvVN\m MURIEL L UIST "r='➢� VOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY My Comm Expires July 28, 1978 n vvvvvvww\� (Official Publication) ORDINANCE NO 1353 - AN ORDINANCE' RELATING TO r' :i::., SOLICITING, AMENDING SEC - „rut/ 13.1337 y, THE ST LOUIS PARK CITY , COUNCIL ORDAINS Section 1 The St Louis Park Or- dinance Code, Sections 13-1330, 13-1333, 13-1335 and 13-1337, are amended to read Section 13-1330. Definitions, When ' used in this ordinance, the terms de- r, fined in this section, have the follow-, £i r' mg meanings .,n.as+ RI. (1) ' Peddler4 mea, siiiny perrspn' h �„ �� i • ' with no •fixed place of business who goes from house to house )' carrying. or trahsporting goods, wares or merchandise and offer- ' ing or exposing the same for sale, or making sales and de- liveries to purchasers of the same (2)- "Solicitor” means any person who goes from house to house • soliciting or taking or'attem t r.l 'l ing to take orders for the purch- • ^ ase of any./ goods, wares, or I merchandise, including magazines, books, periodicals or personal property of any nature whatsoever for dehvery in the future, or orders for the perfor- mance of maintenance or repair services in' or about the home or place of business,usuch as fur- ry , nace cleaning, roof . repair or ,, • blacktoppmg It also means any / person wbo ,canvasses, solicits or calls from house to house for contributlone or support for any - charitable, religious, civic, edu- ,cational,,-philanthropic, social service, welfare, or eleemosy- nary organization, , (3) "Transient merchant" means any person or firm,,,who tem- ;` porarily engages in the sale of goods of any kind' anywhere m the City (4) "Peddler or "solicitor" does - not include - -c s (a) Any person who sells or attempts to sell, or solicits or at- tempts to solicit orders for goods, wares or merchandise, or who canvasses; solicits or calls from house to house for con- tributions or support, if he/she 1- i . does so q. - 1, a -1 -Ai -behalf of 'a ,charitable, benevolent, , philanthopic, pat- riotic, religious, social service, , welfare, educational or p el- lemosynary organiiation'a'ma- jority of the membership of ',Os which are residents of St Louis Park and which organization so identified in the course of can- vassing, soliciting ,or peddling, c: - or a-2' in behalf of a bona fide political organization - (b) ' Vendors' of milk, groceries, bakery products, or other commodities, vendors or - soft water service or laundry and dry-cleaning pick-up deliv- ery, or vendors of daily news- papers 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 com- modities or the providing of such • services to regular customers Section 13-1333 Registration Re- , quired. No person shall engage m .. the business of peddler, solicitor, or transient merchant, except a person selling or peddling the products of a farm or garden occupied and culti- , voted by him, unless he has first re- gistered as provided in this Section -(1) -State meat. Registrants shall file with the city clerk a sworn written statement which shall in- clude '(a) The name and permanent home address of the registrant for the past five years and the current local address of the regis- '., _ trent, -- (b) In the case of transient merchants, the place where the " busmess is to be carried on, a de- ' scription of the nature of the bus - mess and the goods to be sold, (c) The name and address of + the employer or principal of the registrant and the name and the address of any supplier of the re- gistrant Credentials,estabiishmg the exact relationship pf-the re- gistrant to the employer or prin- cipal shall be attached to the re- ' gistration - (d) The period of tune within which he intends to conduct ac- tivities, ' • (e) The source of supply of any 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, i (f) A recent photograph of the registrant which picture shall be approximately 2" by 2" show - mg the head and shoulders of the i registrant m a clear and distmg- 1 waling manner, (g) Whether the registrant has been convicted of any felony, gross misdemeanor or mis- demeanor for which a jail sen- i tence may be imposed, (h) The last cities or villages, ! not to exceed three, where regis- 1 trant carried on business im- mediately preceding date of re- gistration and the addresses from which such business was conducted in those municipalities, (i) Whether the registrant has taken advantage of any state or federal bankruptcy or insol- vency law or proceeding as a bankrupt or debtor within the 10 most recent years, (J) 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 (k) If the application is to sol- ' felt funds, financial Information Ishall be supplied about the or-' ganizatlon in behalf of which funds are to be solicited, in the form specified by the city clerk. Section 13-1335 Issuance of Cep itificate of Registration. I(1) Upon compliance•with Sections ' 13-1333 and 13-1334, the City Manager or his designee shall Issue a certificate of registra- tion 'I The certificate shall show (a) Registrant's name, (b) Registrant's address, (c) Registrant's photograph, (d) Kinds of any goods to be sold, (e) Name and address, mind- ing popular name(s), or the or- ganization for which any funds are to be solicited (f) Expiration date, (g) An identifying number, and (h) Signature of issuing of- ficer (2) Each peddler, solicitor, or transient merchant must secure a personal registration (3) No registration shall other used at any time by any person than the one to whom it is is- sued (4) The clerk shall keep a perma- nent record of all registrations (5) Each registration shall be vand only through the expiration date and no registration may ex- tend beyond December 31 of any year (6) No registration shall be issued I to peddle, sell, or sohcit orders for the sale of furs, eyeglasses, medicines, watches, Jewelry, plated ware, or silverware (7) Each certificate of registra- tion 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 13-1337 Other Acts In Violation of Ordinance. No peddler, solicitor or transient merchant, shall (1) Call attention to his business or his goods by crying out, blow- mg a horn, ringing a bell, or _ making any' loud or unusual ,1 making 10 (2) Furnish false information or I fail to furnish information as re- , j quired by Section 13-1333 ! I 13) Sell merchandise or_ser es 1 ior solicit funds by means of I statements which the person 1 making them kows or should I ill know are false or misleading (4) Sell Merchandise which is not of ) merchantable quality or is not fit for the purpose for which the sel- ler knows or has reason to know the merchandise is being purch- ased _ -Sec--2 Penalty Any person who ',violates this ordinance is guilty of a misdemeanor and may be punished ?,V a fine of not to exceed $300 00 or ' y imprisonment for not to exceed 0 days, or both Sec 3. Effective Date. This ordt- ance shall take effect fifteen (15) eys after its publication Adopted by the City Council De- mber 6, 1976 (s) CAMILLE D ANDRE st EARL E HANSON y Clerk teviewed for administration „ (s) CHRIS CHERCHES City Manager pproved as to form and legality lWAYNE G POPHAM { Attorney I (Dec 15, 1976)—SLP-GV 831-3572 DRAPES & UPHOLSTERING OFF WOVEN WOODS & BED - OM ENSEMBLES 'Custom e Reas. pnces 474-1923 after 4 DRAPERIES MADE UP IN ANY STYLE o my own work Fabrics & decorat- ideas in your home Very reason - le Satisfaction assured 454-5487 or 77672731 SEWING SPECIALTIES APERIES & other CUSTOM or TRACT SEWING it our workroom 774p Morgan S 861-5100 PES, SLIP COVERS, CUSTOM , CHINE QUILTING, CUSHIONS & DSPREADS CALL 473-7108 NANCY'S DRAPERIES. USTOM MADE OR DO-IT- a File No Affidavit of Publication ST.LOUISPARKSUN R St. Louis Park, Minnesota In The Matter Of 1 a