HomeMy WebLinkAbout2628-21 - ADMIN Ordinance - City Council - 2021/09/20Ordinance No. 2628-21
City of St. Louis Park
Hennepin County, Minnesota
An ordinance amending St. Louis Park City Code Section 8-1 definition of
solicitor; amending Section 8-571 and Section 8-572 to remove the licensing
requirement for solicitors; amending Section 8-573 to remove the fee
requirement for solicitors; amending Section 8-574 to require confirmation of a
complete license application within two (2) days of receipt; amending Section 8-
575 to remove reference to solicitor; amending Section 8-578 to eliminate
restrictions on hours for conducting business; amending Section 8-579 to correct
a scrivener’s error; and adding Section 8-580 registration requirement for
solicitors
The City of St. Louis Park does ordain:
Section 1. St. Louis Park City Code Section 8-1 definition of “solicitor” is hereby
amended by adding the underlined language and deleting the strikethrough language as
follows:
Sec. 8-1. Definitions
Solicitor means any person who goes from house to house, business to business, or any kind
of place to place movement for the purpose of 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. It also means any person, except for a city
resident canvassing his or her neighborhood, who canvasses, solicits or calls from house to
house for contributions or support for any charitable, religious, civic, educational,
philanthropic, social service, welfare, or organization .
Section 2. Section 8-571 of the St. Louis Park City Code is hereby amended by adding the
underlined language and deleting the strikethrough language as follows:
Sec. 8-571 License required; exemptions.
(a) It shall be unlawful for any person to engage in the business of peddler or
solicitor within the City without first obtaining a license from the city; provided that the
following are exempt from the provisions of this section:
(1) Any person taking orders for goods sold by a political, religious, educational, or
nonprofit organization as part of fundraising activities.
(2) Any person selling or attempting to sell at wholesale any goods, wares, products,
merchandise, or other personal property to a retail seller of the items being sold
by the wholesaler.
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Ordinance No. 2628-21 2
(3) Any person who sells or attempts to sell or takes or attempts to ta ke orders for
any product grown, produced, cultivated, or raised on any farm.
(4) 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 or milk.
(5) Any person making deliveries of perishable food and dairy products to the
customers on his or her established delivery route.
(6) Any person making deliveries of newspapers, newsletters, or other similar
publications on an established customer delivery route, when attempting to
establish a regular delivery route, or when publications are delivered to the
community at large.
(7) Any person conducting the type of sale commonly known as garage sales,
rummage sales, or estate sales.
(8) Any person participating in an organized multi-person bazaar or flea market.
(9) Any person conducting an auction as a properly licensed auctioneer.
(10) Any officer of the court conducting a court-ordered sale.
(b) Persons whose activities are exempted from the licensing requirement shall comply
with any other applicable statutory or ordinance provision, including Section 8-578.
Section 3. Section 8-572 of the St. Louis Park City Code is hereby amended by addin g the
underlined language and deleting the strikethrough language as follows:
Sec. 8-572. Application.
An application for a license shall be made at least fourteen (14) business days before the
person desires to begin conducting a business operation within the city. Each individual seeking
to conduct business as a peddler or solicitor shall complete an application. Application for a
license shall be made on a form provided by the City which shall include the following
information:
(1) Full legal name;
(2) Any and all other names under which the applicant has or does conduct
business, or to which the applicant will officially answer to;
(3) Physical description (i.e., hair color, eye color, height, weight, any distinguishing
marks or features, and the like);
(4) Permanent address and telephone number;
(5) Temporary address and telephone number;
(6) Full legal name of any and all business operations owned, managed, or operated
by the applicant;
(7) Brief description of the business or activity to be conducted and a general
description of the items to be sold or the services to be provided;
(8) If employed, the name, address and telephone number of the employer; or if
acting as an agent, the name, address and telephone number of the principal
who is being represented, with credentials in written form establishing the
relationship and the authority of the employee or agent to act for the employer
or principal, as the case may be;
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(9) Address and telephone numbers, including cellular phones and facsimile, of
regular place of business, if any exists;
(10) Hours, date(s) and locations in the City which the applicant intends to conduct
business;
(11) A copy of a current government issued identification and complete a license
application addendum authorizing the city to conduct a criminal background
investigation;
(12) License plate number, registration information, vehicle identification number
(VIN) and physical description for any vehicle to be used in conjunction with the
business;
(13) Any and all addresses and telephone numbers where the applicant can be
reached while conducting business within the city;
(14) A statement as to whether or not the applicant has been convicted within the
last five (5) years of any felony, gross misdemeanor or misdemeanor for violating
any state or federal statute or any local ordinance, other than minor traffic
offenses;
(15) A list of the three (3) most recent city or county locations where the applicant
has conducted business as a peddler or solicitor;
(16) Proof of possession of any license or permit that, under federal, state, or county
law, regulation, or ordinance, is required to have in order to conduct the
proposed business; and
(17) Any and all additional information as may be deemed necessary by the Chief of
Police.
(18) The applicant shall have a continuing duty to immediately disclose to the city any
change in the information supplied in the application.
Section 4. Section 8-573 of the St. Louis Park City Code is hereby amended by adding the
underlined language and deleting the strikethrough language as follows:
Sec. 8-573. Fees.
Except for solicitors engaged in Interstate Commerce, which are specifically exempted
from paying any fee under this chapter, aAll applications for a license shall be accompanied by
the fee set from time to time by the City and a schedule of such fee is listed in appendix A to
this Code.
Section 5. Section 8-574 of the St. Louis Park City Code is hereby amended by adding the
underlined language and deleting the strikethrough language as follows:
Sec. 8-574. Application review and license issuance.
(a) Upon receipt of the application and payment of any required license fee, City will
determine if the application is complete within two (2) business days. An application will be
considered complete if all required information is provided. If the City determines that the
application is incomplete, the City must inform the applicant of the required, necessary
information that is missing. If the application is complete, the City must order any investigation,
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Ordinance No. 2628-21 4
including criminal background checks, necessary to verify the information provided with the
application. Within fifteen (15) days of receiving a complete application the City will issue the
license unless grounds exist for denying the license application under Sec. 8-575.
(b) A license granted under this subdivision shall be valid for one year.
(c) No license issued under this subdivision shall be transferred to any other person
other than the person to whom the license was issued.
Section 6. Section 8-575 of the St. Louis Park City Code is hereby amended by adding the
underlined language and deleting the strikethrough langu age as follows:
Sec. 8-575. Denial of license
(a) The following shall be grounds for denying a peddler or solicitor license:
(1) The failure of an applicant to truthfully provide any information requested by the
city as part of the application process.
(2) The failure of an applicant to sign the license application.
(3) The failure of an applicant to pay the required fee at the time of application.
(4) A conviction with the past five (5) years of the date of application for any
violation of any federal or state statute or regulation, or of any local ordinance,
which adversely reflects upon the person’s ability to conduct the business for
which the license is being sought in a professional, honest and legal manner.
Such violations shall include, but are not limited to, burglary, theft, larceny,
swindling, fraud, unlawful business practices, and any form of actual or
threatened physical harm against another person.
(5) The revocation with the past five (5) years of any license issued to an applicant for
the purpose of conducting business as a peddler, solicitor, or transient merchant.
(6) Evidence of a bad business reputation of the applicant, or organization
represented by the applicant, including, but not limited to, the existence of more
than three (3) complaints against an applicant, or organization represented by
the applicant, with the Better Business Bureau, the Office of the Minnesota
Attorney General or other state attorney general, or other similar business or
consumer rights office or agency, within the preceding twelve (12) months, or
three (3) complaints filed with the city against an applicant, or organization
represented by the applicant, within the preceding five (5) years.
(7) Other good cause.
(b) If the City denies the license application, the applicant must be notified in writing
of the decision, the reason for denial and the applicant’s right to appeal the denial by
requesting, within ten (10) days of receiving notice of denial, a hearing before the City
Manager. The City Manager or designee shall hear the appeal within fifteen (15) days of the
date of the request for a hearing. The decision of the City Manager or designee shall be final
and binding on all parties concerned.
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Section 7. Section 8-578 of the St. Louis Park City Code is hereby amended by adding the
underlined language and deleting the strike through language as follows:
Sec. 8-578. Activities prohibited.
No peddler, solicitor, canvasser, or transient merchant shall conduct business in any of
the following manners:
(1) Call attention to business or goods by crying out, blowing a horn, ringing a bell,
or making any loud or unusual noise.
(2) Furnish false information or failing to furnish information as required for
registration under this subdivision.
(3) Sell merchandise or services, or solicit funds, by means of statements which the
person making 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 merchandise is
being purchased.
(5) Obstructing the free flow of traffic, either vehicular or pedestrian, on any street,
sidewalk, alleyway, or other public right-of-way.
(6) Conducting business in a way as to create a threat to the health, safety, or
welfare of any specific individual or the general public.
(7) Conducting business before 9:00 am or after 8:00 pm.
(87) Failing to provide proof of license, registration or identification when requested.
(98) Using the license or registration of another person.
(109) Making false or misleading statements about the products or services being sold,
including untrue statements of endorsement. No peddler, solicitor, or transient
merchant shall claim to have the endorsement of the City solely based on the
City having issued a license or registration to that person.
(1110) Remaining on the property of another person after being requested to leave.
(1211) Otherwise operating the business in any manner that a reasonable person would
find obscene, threatening, intimidating or abusive.
Section 8. Section 8-579 of the St. Louis Park City Code is hereby amended by adding the
underlined language and deleting the strikethrough language as follows:
Sec. 8-579. Entry upon premises unlawful.
It shall be unlawful for any person while conducting the business of a peddler or solicitor
to entered upon any premises in the City where the owner, occupant, or person legally in
charge of the premises has posted, at the entry to the premises, or at the entry to the principal
building on the premises, a sign bearing the words “No Peddlers,” “No Solicitors,” or words of
similar import.
Section 9. The St. Louis Park City Code is hereby amended by adding Section 8-580 as
follows:
Sec. 8-580. Registration.
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(a) All solicitors shall be required to register with the City prior to engaging in
those activities. Registration shall be made on the same form required for a license
application, but no fee shall be required. Immediately upon completion of the
registration form, the city clerk shall issue to the registrant a certificate of
registration as proof of registration. Certificates of registration shall be non -
transferable.
(b) Individuals that will be engaged in door-to-door advocacy shall not be
required to register.
Section 10. This Ordinance shall take effect fifteen days after its passage and
publication.
Reviewed for administration: Adopted by the City Council September 20, 2021
Kim Keller, city manager Jake Spano, mayor
Attest: Approved as to form and execution:
Melissa Kennedy, city clerk Soren Mattick, city attorney
First Reading August 16, 2021
Second Reading September 20, 2021
Date of Publication September 30, 2021
Date Ordinance takes effect October 15, 2021
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