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CITY OF NEWPORT ORDINANCE 2012-13

Wednesday, November 28, 2012 - 12:00am

CITY OF NEWPORT

ORDINANCE 2012-13

AN ORDINANCE OF THE CITY OF NEWPORT, MINNESOTA, AMENDING THE CITY CODE OF ORDINANCES CHAPTER 4, LICENSING

THE CITY COUNCIL OF THE CITY OF NEWPORT, MINNESOTA, HEREBY ORDAINS THAT:

Section 455 - Peddlers, Solicitors, & Transient Merchants

455.01 Definitions and Interpretation.

Subd. 1 Person.

Subd. 2 Peddler.

Subd. 3 Solicitor.

Subd. 4 Transient Merchant. "Transient Merchant" shall mean a person who temporarily sets up business out of a vehicle, trailer, boxcar, tent, other portable shelter, or empty store front for the purpose of exposing or displaying for sale, selling or attempting to sell, and delivering, goods, wares, products, merchandise, or other personal property, and who does not remain or intend to remain in any one location for more than 14 consecutive days.

Subd. 5 Regular Business Day.

455.02 Exceptions to Definitions. For the purpose of the requirements of this Section, the terms "peddler," "solicitor," and "transient merchant" shall not apply to any person selling or attempting to sell at wholesale any goods, wares, products, merchandise, or other personal property, to a retailer of the item(s) being sold by the wholesaler. The terms also shall not apply to 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 and milk, nor shall they apply to any person making deliveries of perishable food and dairy products to the customers on his or her established regular delivery route. In addition, persons conducting the type of sales commonly known as garage sales, rummage sales, or estate sales, as well as those persons participating in an organized multi-person bazaar or flea market, shall be exempt from the definitions of peddlers, solicitors, and transient merchants, as shall be anyone conducting an auction as a properly licensed auctioneer, or any officer of the court conducting a court ordered sale. Furthermore, charitable organizations such as schools, scouts, organized youth athletic leagues, and government agencies and their representatives shall be exempt from the definitions of peddlers, solicitors, and transient merchants. Exemption from the definitions for the scope of this Section shall not excuse any person from complying with any other applicable statutory provision or local ordinance.

455.03 Licensing.

Subd. 2 City License Required. Except as otherwise provided for by this Section, no person shall conduct business as a peddler, solicitor or a transient merchant without first having obtained a license from the City.

Subd. 3 Application. Application for a City license to conduct business as a peddler, solicitor or transient merchant shall be made at least fourteen (14) regular business days before the applicant desires to begin conducting business. Application for a license shall be made on a form approved by the City Council and available from the office of the City Clerk-Administrator. All applications shall be signed by the applicant. All applications shall include the following information:

N.A list of the most recent locations where the applicant has conducted business as a peddler, solicitor or transient merchant.

455.06 Suspension and Revocation.

The suspension or revocation of any license issued for the purpose of authorizing multiple persons to conduct business as peddlers, solicitors or transient merchants on behalf of the licensee, shall serve as a suspension or revocation of each such authorized person's authority to conduct business as a peddler, solicitor or transient merchant on behalf of the licensee whose license is suspended or revoked.

Subd. 3 Emergency. If in the discretion of the City Council, imminent harm to the health or safety of the public may occur because of the actions of a peddler, solicitor or transient merchant licensed under this Section, the Council may immediately suspend the person's license and provide notice of the right to hold a subsequent public hearing as prescribed in Subdivision 2 of this Section.

455.08 Prohibited Activities.

455.09 Exclusion by Placard.

455.10 Violations and Penalties.

Effective Date

This Ordinance becomes effective upon its passage and publication according to law.

Adopted by the City Council of the City of Newport, Minnesota on the 15th day of November, 2012.

11/28/2012