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AN ORDINANCE AMENDING CHAPTER 1403 OF THE CODE OF ORDINANCES OF THE
CITY OF OAK PARK HEIGHTS REGULATING PEDDLERS AND SOLICITORS.
THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY,
MINNESOTA, DOES ORDAIN:
1403.01 Definitions.
For the purpose of this Ordinance, the words defined in this section shall have the
meanings ascribed to them:
A. "Peddler" means any person 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 goods, wares, or
merchandise, including magazines, books, periodicals, or personal property
of any nature whatsoever for delivery in the future.
1403.02 Reiistration Reauired.
A. No Peddler or Solicitor shall sell or offer for sale any goods, wares, or
merchandise within the City of Oak Park Heights unless a license therefore
has been first secured as provided in this section. A nonrefundable
registration fee shall be established by resolution of the City Council from
time to time. Any Peddler or Solicitor dealing with merchandise of any kind
to be delivered to customers in Minnesota directly from points outside of
Minnesota shall be exempt from the payment of the registration fee as shall
be any charitable, religious, patriotic or philanthropic organization, duly
organized and recognized as exempt under the provisions of the Internal
Revenue Code Section 501(c) (3). Any person soliciting any money,
donations, or financial assistance of any kind for any religious or charitable
organization or selling merchandise for a fee on behalf of such organization,
shall not be required to obtain a license or pay a fee under this section but
shall be required to register with the City.
B. All applicants for a permit and license under this Ordinance shall file with
the City Clerk a sworn application on a form prescribed by the City Clerk
which shall give the following information:
1. Name and description of the applicant;
2. Address;
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3. A brief description of the nature of the business and goods to be sold;
4. If employed, the name and address of the employer, together with the
credentials establishing the relationship between the peddler and /or
solicitor and employer;
5. The length of time for which the right to transact business within the
City of Oak Park Heights as desired;
6. If a vehicle is to be used, the description of same, together with a
copy of the certificate of insurance and the current license number;
7. If perishable food stuffs are to be sold or offered for sale within the
City of Oak Park Heights, the applicant shall also provide evidence of
compliance with regulations and rules of the Department of Health
with the State of Minnesota; and,
8. Applicant shall also provide his /her social security number and date
of birth.
1403.03 Investigation and Issuance of Permit.
A. Upon receipt of the application, the original shall be referred to the Chief of
Police, who shall cause an investigation of the applicant to take place.
B. The following persons shall be ineligible to obtain a license within the City
of Oak Park Heights for purposes of peddling or soliciting as defined above:
1. A person not a citizen of the United States or resident alien.
2. A person who has been convicted in the past five (5) years of the date
of application of a willful violation of Federal or State law or local
ordinance where such offense was a crime of moral turpitude or
where offense or activity would constitute an unlawful or deceptive
practice (consumer fraud) as specified under Minnesota Statute
325F.69, 325F.67, 325.F.68, 325F.70 or 325F.71.
1403.04 Nontransferabilitv of License.
No license or permit as issued by the City of Oak Park Heights under the provisions
of this Ordinance may be transferred, assigned, sold, or otherwise used by any other
person or entity other than to the specific individual to whom it was issued.
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1403.05 Exhibition of License.
All peddlers and solicitors are required to exhibit their licenses at the request of any
resident.
1403.06 Revocation of License.
A. All permits and licenses issued under the provisions of this Ordinance may
be revoked by the City Council of the City of Oak Park Heights after notice
and hearing for any of the following causes:
1. Fraud, misrepresentation, or false statement contained in the
application for license.
2. Fraud, misrepresentation, or false statement made in the course of
carrying on his /her business as a peddler or solicitor.
3. Any violation of this Ordinance.
4. Conviction of any crime or misdemeanor involving moral turpitude.
5. Conducting the business of a peddler in any unlawful manner in such
manner as to constitute breach of the peace or constitute a menace to
the health, safety or general welfare of the public.
B. The City Council for the City of Oak Park Heights may suspend any license
or permit issued pending hearing for any of the above causes. All such
licenses may be suspended upon notice being mailed, postage prepaid to the
licensee at his /her last known address and shall specify the date and time of
the hearing and providing a statement identifying the cause for the hearing
and outlining with reasonable certainty the facts under which a violation of
this Ordinance or the other provisions hereof have been alleged to have
occurred.
1403.07 Expiration of License.
All licenses issued under the provisions of this Ordinance shall have an expiration
date listed thereon. No license shall be issued for a period of time in excess of six (6)
months.
1403.08 Restriction by Access to Premises by Resident.
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A. Any resident of the City of Oak Park Heights who wishes to exclude peddlers
or solicitors from his or her premises may place upon or near the usual
entrance to such premises a printed plaque or sign bearing the following
notice: "Peddlers and Solicitors Prohibited." Such a plaque shall be at least
three and three - fourths (3 3/4) inches long and shall not be smaller than
forty -eight (48) point type.
B. No peddler or solicitor shall enter upon any premises where such plaque or
sign is placed and /or maintained.
1403.09 Exemptions.
The provisions of this Ordinance shall not apply to persons engaged in the following
activities:
A. Those persons engaged in the activity of selling personal property at
wholesale or to dealers in such articles.
B. Persons marketing or selling literature exclusively.
C. Those persons selling products of the farm or garden on the property on
which the products are grown or cultivated. The person claiming this
exemption must submit a written affidavit indicating that the products to be
sold were grown on the property where sales are occurring.
D. Those persons calling upon homeowners and residents in connection with the
regular route service for the sale and delivery of perishable daily necessities
of life such as milk and dairy products. This exception does not relieve such
person of the duty of compliance of all other applicable provisions of the
code.
E. Those persons calling upon a residence and householders at the request of
said resident or homeowner.
1403.10 Records.
The City Clerk shall maintain within the offices of the City of Oak Park Heights a
permanent list of all organizations, charitable, religious, or philanthropic duly
qualified for exemption under the provisions hereof, specifically included but not
limited to those organizations duly organized and recognized under the Internal
Revenue Code Section 501(c) (3) and those organizations which have demonstrated
and established their exclusive organizational purpose for religious, charitable, or
philanthropic purposes. Such an organization shall be exempt from the payment of
any registration fee and as long as they are maintained on the list and records so
provided by the City Clerk of the City of Oak Park Heights shall be deemed to be
registered for purposes of peddling and soliciting activities.
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1403.11 Penaltv.
Any person violating the provisions of this Ordinance shall upon conviction thereof
be punished by fine not to exceed Seven Hundred Dollars ($700.00) or by
imprisonment thereon not to exceed ninety (90), days or both.
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