CITY OF ST PAUL PARK ORDINANCE 682

CITY OF ST. PAUL PARK

COUNTY OF WASHINGTON

STATE OF MINNESOTA

ORDINANCE NO. 682

AN ORDINANCE AMENDING CHAPTER 22, ARTICLE XII OF THE ST. PAUL PARK CODE REGARDING A LICENSE FOR PEDDLERS

WHEREAS, the City of St. Paul Park Minnesota, wishes to amend Chapter 22, Article XII, by adding Section 22-400 and amending Sections 22-401 though 405 of the Code of Ordinances, City of St. Paul Park, Minnesota, regarding peddler licenses.

NOW THEREFORE, the City Council of the City of St. Paul Park, County of Washington, State of Minnesota, does hereby ordain as follows:

Section 1. The City Council of the City St. Paul Park hereby amends Chapter 22, Article XII, by adding Section 22-400 of the City Code to read as follows:

Section 22-400. Definitions.

The following words and terms when used in this Division shall have the following meaning, unless the context clearly indicates otherwise

Solicitor (solicit) -- an individual who goes from place-to-place, including private property and private residences, without an invitation from the owner or occupant, for the purpose of: (1) advertising, promoting, selling, leasing, installing or explaining any product, service, organization or cause; (2) or for the purpose of procuring orders for the sale of merchandise or personal services for future delivery or future performance, whether or not the individual has a sample of the merchandise or is collecting advance payments for the orders.

Section 2. The City Council of the City of St. Paul Park hereby amends Chapter 22, Article XII, by amending Sections 22-401 through 405, of the City Code to read as follows:

Section 22-401. Required.

No person shall solicit within the city without first having obtained a license as provided in this division.

Section 22-402. Application; fee.

(a) Any person desiring to obtain a license to solicit as described in the division shall make application therefor to the city administrator, who shall grant such license, or who may refer the application to the city council with a recommendation to grant or deny such application. All such applications shall contain the following:

(1) Name and address of applicant.

(2) Description of merchandise to be solicited within the city; and description of manner in which such merchandise will be solicited.

(3) Description of any vehicles to be used by applicant.

(b) Application for a license under this division shall be accompanied by a license fee in the amount set forth in chapter 42 of this Code.

Section 22-403. Display of license.

Every person granted a license under this division shall have such license with him for inspection at all times he is engaged in soliciting. No license issued under this division shall be transferable.

Section 22-404. Exception.

(a)This division shall not apply to any person selling any kind of garden or farm produce, produced or raised by the seller or any member of his family.

(b)Individuals engaging in soliciting money, donations, or financial assistance of any kind or taking orders for goods sold by an exempt organization, or selling or distributing literature or merchandise for which a fee is charged or solicited on behalf of such an organization shall not be required to be licensed pursuant to this Division but must have on them at all times while soliciting some form of exempt organization identification as defined in this Division. The burden of proving the solicitor's exemption for licensing shall be on its claimant. This exception does not include individuals who are paid to engage in regulated activity.

(c)Individuals holding a valid license pursuant to Minnesota Statutes, Chapter 326, by the terms of which the City is preempted from separate license.

(d)No license shall be required under this ordinance for any person going door-to-door for the purpose of advocating any religious, political, social or other position or belief protected by the federal or state constitution. This exemption does not apply and such person is required to obtain a license if the exercise of the person's constitutional rights are merely incidental to a commercial activity.

Section 3. This ordinance shall be in full force and effect from and after its passage and publication according to law.

ADOPTED by the City Council of the City of St. Paul Park, Minnesota this 4th day of June 2012.

_________________________

Keith Franke, Mayor

ATTEST:

_____________________________

Sharon Ornquist, City Clerk

6/13/2012

Tags: public notices, general legals