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HomeMy WebLinkAboutOrdinance 501O INANCE / AN ORDINANCE REGULATING TRANSIENT MERCHANTS, PEDDLERS, AND SOLICITORS WITHIN THE CITY OF COLUMBIA HEIGHTS. THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS DOES ORDAIN: Section 1. DEfinition. When used in this ordinance, the following terms shall have the following meanings: A. Transient Merchant: Any person selling any merchandise from a railroad car, truck, or vehicle either as a principal, agent, consignee, or employee, whether a resident of the City of Columbia Heights, or not, or who occupies and uses as his place of business any bUilding or lot as a tenant at will or under a lease for a shorter term than six months, is a transient merchant. B. Peddler or Hawker: Any person who travels by foot, motor vehicle or any other type of conveyance, from place to place, house to house, or street to street, and who carries or conveys goods or wares, edible and nonedible, offering and exposing the same for sale, is a peddler. C. Solicitors or.Canvassers: Any person, whether a resident ~f the City of Columbia Heights or not, traveling ~ither by foot, motor vehicle, or any other type of conveyance, from place to place, house to house, or street to street, taking or attempting to take orders for sale of goods, wares and merchandise, personal property of any nature whatsoever for future delivery, or for services, including home improvements and repairs, to be furnished or performed in the future, whether or not such individual carries or exposes for sale a sample of the subject to such sale, or whether or not he collecting advance payments, is a solicitor, provided, that he is not a transient merchant or peddler as defined herein- before. Section 2. License Required. No transient, merchant, peddler, or solicitor, other than a solicitor doing business by appointment, shall sell or offer for sale any merchandise, or attempt to do any business in the City of Columbia Heights, without first having obtained a license for such business from the City Clerk in compliance with the provisions of this ordinance. N~ trans~ent,~erc~amt, peddler or hawkers may obtain a license in the City of Columbia Heights, unless he shows proof that h~ is licensed for such occupation under the provisions of Chapter 329~ Minnesota Statutes Annotated. Section 3. A~lication for License. The application for such license shall be made to the City Clerk and shall show the following: a~ the name, home address and local address, if any, of tlhe applicant~ b) a physical description of the applicant, setting forth the applicant's age, height, weight, color of hair and eyes. c) The name and address of the person, firm, or corporation for whom or through whom orders are to be solicited. d) a statement ~s to whether the applicant has been con- victed of any c~ime or misdemeanor, and if so, the nature of the offense.~ m e) A statement of the goods, wares, or merchandise to be sold. f) a statement as to the period during which the applicant intends to sell within the said City. The foregoing does not apply to persons soliciting or can- vassing on behalf of charitable, religious, or ~ducational institutions. The requirements of this ordinance will be deemed to have been met upon the submission of a list of the canvasser to be employed by the said organization by the supervisor in charge of the area wit~the said City. Section 4. License Fee At the time of the filing of application, a license fee shall be $5.00 per year for each individual operating within the City of Columbia Heights and shall be paid to the City Clerk. The fee shall cover the balance of the calendar year. No fee shall be charged to a canvasser or solicitor of charitable, educational, or religious organizations. Section 5. Issuance of License. Ail applications for such license shall be referred to the Police Department for investigation.. The license shall be issued upon Police Department recommendation and Council approval. . Section 6. License Form and Exhibition. Ail licenses issued hereunder shall contain the following information: a) name and address of the applicant. b) physical description of applicant. c) the names of the person, firm or corporation for whom the goods, wa~es, or merchandise is being sold. d) the nature of the goods~ wares, or merchandise. e) Expiration date of license. In the case of solicitors or canvassers for religious, charitable, or educational organizations, the license shall contain the name of the individual and the organization sponsoring the individual. Ail such licenses shall be shown at the request of any citizen. Section 7. Prohibited Practices No person licensed under this - ordinance shall call attention to hR business or to his merchan- dise by crying out, blowing a horn, ringing a bell, or by a loud, or unusual noise. No person licensed under this ordinance shall sell or solicit on Sunday, or after the hour of 9:00 p.m., unless a previous appointment be made. No person licensed under this ordinance shall enter or conduct business upon premises where a sign or plaque, with letters one-half inch high, is conspicuously posted stated, in effect, that no peddlers or solicitors are allowed. Section 8. Exclusions. This ordiaance does not apply to canvassing or soliciting for the purpose of orders far future door to door delivery o~ newspapers or to any person who may sell or peddle products of farm or garden occupied and cultivated by such person. This ordinance shall not apply to persons licensed for the sale of milk, cream, dairy products and bakery products or other particular products pursuant to the provisions Section 8 (cont±nRed) of the ordinances of the City of Columbia Heights and shall not apply to occupations licensed and bonded pursuant to state law. This ordinance shall not apply to salesmen selling goods to retail or wholesale st~res or to professional or industrial establishments. Section 9. Revocation. Permits and licenses issued under the provisions of this ordinance may be revoked by the City of Columbia Heights Council for any of the following causes: A. Fraud, misrepresentation, or false statement contained in the application for license. B. Fraud, misrepresentation, or false statement made in the ~ course of carrying on his business. C. Any violation of this ordinance. D. Conviction of any felony or of a misdemeanor involving moral turpitude. E. Conducting the business licensed in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public. Section 10. Penalty. Any person, firm or corporation who shall violate any of the provisions of this ordinance shall be punished by a fine of not more than $100 or by imprisonment in the County jail for not more than 60 days. Each violation of this Ordi~nce shall constitute a separate offense. Section 11. Time of Takin9 Effect. This ordinance shall take effect and be in force from and after Thirty (30) days after its passage. First Reading: Sept. 26, 1960 Second Reading: Oct. 10, 1960 Offered by: 0rendorff Seconded by: McCline Roll Call: Ayes Mayo Secreta~ t° ....