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City Council Ordinance 97ORDINANCE AMENDMENT The City Council of Monticello hereby ordains that the City Code of the City of Monticello be amended by the addition of the following ordinance section: 3-12-1 SECTION: 3-12-1: 3-12-2: 3-12-3: 3-12-4: 3-12-5: 3-12-6: 3-12-7: 3-12-8: 3-12-9: 3-12-10: 3-12-11: 3-12-12: 3-12-1: 3-12-3 CHAPTER 12 TRANSIENT MERCHANTS Definition Permit Required Exemptions Application Religious and Charitable Organizations, Exemption Investigation and Issuance Duty of City Administrator to Enforce Revocation of License Appeal Reapplication Expiration of Permit Penalty DEFINITION: When used in this ordinance, the following term has the following meaning: (A) "Transient Merchant" includes any person, firm or corporation, whether as owner, agent, consignee, or employee, who engages in a temporary business (five days or less per calendar year) of selling and delivering goods, wares and merchandise within the City, and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, trailer, tent, railroad boxcar, boat, public room in hotels, lodging houses, apartments, shops, or any street, alley or other place within the City, for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction, provided that such definition does not include any person, firm or corporation who, while occupying such temporary location, does not sell from stock, but exhibits samples for the purpose of securing orders for future delivery only. Location utilized by transient merchants shall be consistent with uses identified as permitted in particular zoning district, and adequate off-street parking is available. 3-12-2: PERT1IT REQUIRED: It is unlawful for any transient merchant to engage in any such business within the City of Monticello without first obtaining a permit therefor in compliance with the provisions of this ordinance. 3-12-3: EXEMPTIONS: The terms of this ordinance do not include the acts of persons selling personal property at wholesale to dealers in such articles,, nor to newsboys, nor to the acts of merchants or their employees in delivering goods in the regular course of business. Nothing contained in this ordinance prohibits any sale required by statute or by order of any court, or prevents any person conducting a bona fide auction sale pursuant to law. 3-12-4 3-12-5 3-12-4: APPLICATION: Applicants for a permit under this ordinance shall file with the City Clerk a sworn application in writing on a form to be furnished by the City Clerk. The application shall give the following information: (A) Name and physical description of applicant; (B) Complete permanent home and local address of the applicant and, in the case of transient merchants, the local address from which proposed sales will be made; (C) A brief description of the nature of the business and the goods to be sold; (D) The name and address of the employer, principal or supplier of the appli- cant, together with credentials therefrom establishing the exact relationship; (E) The length of time for which the right to do business is desired; (F) General description of items to be sold; (G) The names of at least two property owners of Wright County, Minnesota, who will certify as to the applicant's good character and business respectability, or, in lieu of the names of references, such other available evidence as to the good character and business responsibility of the applicant as will enable an investigator to properly evaluate such character and business responsibility; (H) The last municipalities, not to exceed three, where applicant carried on business immediately preceding date of application and the addresses from which such business was conducted in those municipalities; (I) At the time of filing the application, a fee of $2.00 shall be paid to the City Clerk to cover the cost of investigation of the facts stated therein, plus a useage fee of $50.00 per day. Useage fee shall be returned if permit is denied. 3-12-5: RELIGIOUS AND CHARITABLE ORGANIZATIONS, EXEMPTION: Any organiza- tion, society, association or corporation desiring to solicit or to have solicited in its name, money, donations of money or property, or finan- cial assistance of any kind or desiring to sell or distribute any item of literature or merchandise for which a fee is charged or solicited from persons other than members of such organizations upon the streets, in office or business buildings, by house-to-house canvass, or in public places for a charitable, religious, patriotic or philanthropic purpose shall be exempt from the provisions of Section 4 of this ordinance provided there is filed a sworn application in writing on a form to be furnished by the City Clerk which shall give the following information: (A) Name and purpose of the cause for which permit is sought; (B) Names and addresses of the officers and directors of the organization; (C) Period during which solicitation is to be carried on; (D) Whether or not any commission, fee, wages or emoluments are to be expended in connection with such solicitation and the amount thereof. 3-12-5 3-12-8 Upon being satisfied that such organization, association or corporation is a religious, charitable, patriotic or philanthropic organization, the Clerk shall issue a permit without charge to such organization;, association or corporation to solicit in the City. Such organization, association or corpora- tion shall furnish all of its members, agents, or representatives conducting solicitation, credentials in writing stating the name of the organization, name of agent and purpose of solicitation. 3-12-6: INVESTIGATION AND ISSUANCE: (A) Upon receipt of each application, it shall be referred to the City Administrator, who will immediately institute such investigation of the appli- cant's businessand moral character as he deems necessary for the protection of the public good and shall endorse the application,in the manner prescribed in this section, within 72 hours after it has been filed by the applicant with the City. (B) If, as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory, the City Administrator shall endorse on such application his disapproval and reasons for the same, and notify the applicant that his application is disapproved and that no permit will be issued. (C) If, as a result of such investigation, the character and business respon- sibility of the applicant are found to be satisfactory, the City Administrator shall endorse on the application his approval and deliver to the applicant his permit. Such permit shall contain the signature of the issuing officer and shall show the name and address of said permittee, the class of permit issued and the kinds of goods to be sold thereunder, the date of issuance and the length of time, not to exceed one year from the date of issuance that the same shall be operative, as well as the permit number and other identifying description of any vehicle used in such licensed business. Each peddler, solicitor, or transient merchant must secure a personal permit. No permit shall be used at any time by any person other than the one to whom it is issued. The Clerk shall keep a permanent record of all permits issued. 3-12-7: DUTY OF CITY ADMINISTRATOR TO ENFORCE: It shall be the duty of the City Administrator to require any person seen peddling, solici- ting or canvassing and who is not known by such City Administrator to have obtained a permit hereunder, to produce his permit and to enforce the provisions of this ordinance against any person found to be violating the same. 3-12-8: REVOCATION OF LICENSE: (A) Permits issued under the provisions of this ordinance may be revoked by the City Administrator for any of the following causes: (1) Fraud, misrepresentation, or incorrect statement contained in the application for permit; (2) Fraud, misrepresentation or incorrect statement made in the course of carrying on his business as solicitor, canvasser, peddler, transient merchant, itinerant merchant or itinerant vendor; 3-12-8 (3) Any violation of this ordinance; (4) Conviction of any crime or misdemeanor; 3-12-12 (5) Conducting the business of peddler, canvasser, solicitor, transient merchant, itinerant merchant, or itinerant vendor, as the case may be, in an unlawful manner or in such a manner as to constitute a breach of peace or to constitute a menace to health, safety or general welfare of the public. 3-12-9: APPEAL: Any person aggrieved by the action of the City Adminis- trator or the City Clerk in the denial of a permit or revocation may appeal to the Council. Such appeal shall be taken by filing with the Council within fourteen days after notice of the action complained of, a writ- ten statement setting forth fully the grounds for the appeal.. The Council shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the appellant. 3-12-10: REAPPLICATION: No permittee whose permit has been revoked shall make further application until at least six months have elapsed since the last previous revocation. 3-12-11: EXPIRATION OF PERMIT: All annual permits issued under the pro- visions of this ordinance shall expire at midnight the 31st day of December in the year when issued. Other than annual licenses shall expire at midnight on the date specified in the license. 3-12-12: PENALTY: Any person who violates any provision of this ordinance is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $500 or by imprisonment for a period not exceeding 90 days or both, plus, in either case, the costs of prosecution. Passed by the City Council this 13th day of April, 1981. Mayor ATTEST: WiA712 iKtrator