CITY OF COON RAPIDS, MINNESOTA
CHAPTER 5-1500
TRANSIENT AND ITINERANT MERCHANTS AND
VENDORS, PEDDLERS, SOLICITORS, AND CANVASSERS

5-1501 Purpose. The City Council of the City of Coon Rapids recognizes that transient and itinerant merchants, vendors, peddlers, solicitors and canvassers, by the very nature of their operation whether from a fixed location or traveling door to door, may intrude upon the rights and privacy of other citizens and have a deleterious effect upon the public health, safety and welfare. The intent of this Chapter is to establish a uniform set of rules and regulations that are fair and equitable, and to develop a system for accommodating these businesses that will enhance the overall appearance and environment along public streets, pedestrian ways and other public properties. The regulations contained in this Chapter are not intended to prohibit or hamper speech that is protected by the First Amendment of the United States Constitution, but merely to regulate specific activities that are commercial in nature. [Revised 4/1/97, Ordinance1600]

5-1502 Application of Chapter 5-100. The applicable provisions of Chapter 5-100 shall apply to the issuance of licenses hereunder. In the event of any conflicts between the provisions of Chapter 5-100 and the provisions of this Chapter, the provisions of this Chapter 5-1500 will prevail. [Revised 3/16/04, Ordinance 1834]

5-1503 Definitions.

(1) A “transient merchant” is any person whose business in the City is temporary or seasonal and consists of selling and delivering merchandise within the City, and who in furtherance of such purpose uses or occupies any structure, vehicle, or other place for the exhibition and sale of such merchandise, either privately or at public auction; provided, however, that a transient merchant shall not be construed to mean any person who while occupying such temporary location, exhibits only samples for the purpose of securing orders for future delivery only. The person so engaged shall not be relieved from complying with the provisions of this Chapter merely by reason of temporarily associating with or conducting such transient business in connection with a local business. [Revised 4/1/97, Ordinance 1600]
(2) A “peddler” is any person traveling from place to place and/or house to house who carries merchandise, offering and exposing the same for sale, and making deliveries to purchasers, or any person who, without traveling from place to place, shall sell or offer merchandise for sale from a vehicle or conveyance; provided, however, that “peddler” shall include the words “hawker” and “huckster,” but shall not be limited to them. [Revised 4/1/97, Ordinance 1600]
(3) A “canvasser” or “solicitor” is any person traveling from place to place and/or house to house who takes orders for the future delivery of merchandise or for services to be performed in the future, whether or not such person exposes a sample or collects advance payments on such sales; provided, however, that such definition shall also include any person who occupies any structure, vehicle, or other place for the primary purpose of exhibiting samples and taking orders for future delivery.

5-1504 License Required. A license shall be required for any transient merchant, peddler, canvasser, or solicitor to operate in the City. Licenses may be issued on a per day, per week, per month or six month basis. [Revised 4/1/97, Ordinance 1600]

5-1505 Exclusions.

(1) No person shall be required to obtain a license in the following instances:

(a) Occupations exempt from City regulation pursuant to State law. [Revised 4/1/97, Ordinance 1600]
(b) A solicitor or canvasser doing business by appointment.
(c) A solicitor or canvasser taking orders for the future door-to-door delivery of newspapers.
(d) Sales persons selling goods to retail or wholesale stores or to professional or industrial establishments. [Revised 4/1/97, Ordinance 1600]
(e) The conduct of “Home Based Retail Sales” or “rummage sales” when conducted in a nonprofit institution by the members thereof, provided that such sales do not last longer than four days, as defined by Section 11-1862, and provided further that such sales are adequately advertised either by notice in a paper of local distribution or by placing a sign on the premises. [Revised 4/1/97, Ordinance 1600][Revised 8/4/98, Ordinance 1640]
(f) No licenses shall be required for vendors of milk, groceries, bakery products, or other perishable products or vendors of soft water service or laundry and dry cleaning pickup and delivery who make an uninvited call upon the occupant of a residence as a preliminary step to the establishment of a regular route service for the sale and delivery of such commodities or the providing of such services to regular customers.
(g) Persons selling or peddling products of the farm or garden occupied and cultivated by themselves. [Revised 4/1/97, Ordinance 1600]
(h) Social, political, or religious door to door canvassing which does not involve the solicitation of money or the sale of goods. [Revised 3/16/04, Ordinance 1834]

(2) The following requirements will apply to non-profit or religious organizations:

(a) Only one (1) license for the organization shall be required. The license shall contain the names of all individuals working under the organizations’ license.
(b) The organization must provide some means of identification such as a uniform, sign, badges, or other identification device approved by the City Clerk. [Revised 4/1/97, Ordinance 1600]
(c) The organizations will not be charged a license fee, but will be subject to a background investigation and all applicable investigation fees. [Revised 3/16/04, Ordinance 1834] 

5-1506 Application. In addition to such information as the City Clerk may require pursuant to City Code Section 5-102, the application shall also include:

(1) Name, date of birth and description of the applicant. [Revised 4/1/97, Ordinance 1600]
(2) Permanent home address and full local address of the applicant.
(3) A brief description of the nature of the business, the goods to be sold, and the applicant’s method of operation.
(4) If employed, the name and address of the employer, together with credentials establishing the exact relationship.
(5) The length of time which the applicant intends to do business in the City, with the specific dates. [Revised 3/16/04, Ordinance 1834]
(6) The place where the goods or property proposed to be sold, or order taken for the sale thereof, are manufactured or produced, where such goods or products are located at the time said application is filed, and the proposed method of delivery.
(7) A valid State-issued driver’s license or State identification card. [Revised 3/16/04, Ordinance 1834]
(8) A statement as to whether or not the applicant or the person managing the business has been convicted of any crime, misdemeanor, or violation of any municipal ordinance, involving activities licensed under this Chapter, the nature of the offense and the punishment or penalty assessed therefor.
(9) If a vehicle is to be used, a description of the same, together with state of registration and license number or other means of identification. [Revised 4/1/97, Ordinance 1600]
(10) A statement of the nature, character, and quality of the goods, wares, or merchandise to be sold or offered for sale by applicant, the invoice value and quality of such goods, wares, and merchandise, whether the same are proposed to be sold from stock in possession or by sample, at auction, by direct sale, or by taking orders for future delivery. If the applicant is soliciting funds for a cause, such applicant shall give a sworn statement setting forth a description of the cause, its purposes and goals, and the location to which and the person to whom the funds will go. [Revised 3/16/04, Ordinance 1834]
(11) A brief statement of the nature, character, and content of the advertising done or proposed to be done in order to attract customers.
(12) Credentials from the person, for which the applicant proposes to do business, authorizing the applicant to act as such representative.
(13) When applicable the address of all places where the business is to be located along with written consent of the owners or occupants for use of the premises and their agreement to reimburse any costs incurred by the City as a result of that use or, if not paid on demand, to assessment of those costs against the property. [Revised 4/1/97, Ordinance 1600]
(14) When applicable, a drawing showing the size and location on the property of any temporary structure and temporary signs indicating dimensions and distances from adjoining roadways, access points, other structures, circulation lanes, permanent signs and any other feature requested by the City. [Revised 4/1/97, Ordinance 1600]
(15) Any change in the information provided by an applicant, which occurs while the license under which the person is peddling or soliciting is in force and effect, shall be immediately reported to the City Clerk. [Revised 3/16/04, Ordinance 1834]

5-1507 Fees.

(1) License and investigation fees shall be established from time to time by ordinance of the City Council. [Revised 4/1/97, Ordinance 1600][Revised 3/1/05, Ordinance 1868]
(2) All fees shall be paid in advance at the time of filing the application. If an application is denied, the license fee, but not the investigation fee, shall be returned to the applicant. [Revised 4/1/97, Ordinance 1600]

5-1508 Investigation and Issuance.

(1) Upon receipt of the application, the original shall be referred to the Chief of Police, who shall cause such investigation of the applicant’s business and moral character to be made as the Chief deems necessary for the protection of the public good. The comments and findings of the Chief of Police shall be attached to the application and returned to the City Clerk. [Revised 4/1/97, Ordinance 1600]
(2) Upon receipt of an application for a license to conduct operations at a fixed location, the City Clerk shall ascertain from the Director of Community Development, or designee, whether the proposed location is consistent with the City’s zoning code and, if so, whether a special use permit is required. [Revised 4/1/97, Ordinance 1600]
(3) Licenses shall be issued within seven (7) business days subsequent to the filing of the application unless the Chief of Police files a report showing good cause for denial. If the Chief of Police has not completed the police investigation within the seven (7) day period, the license shall nevertheless be issued, subject to revocation for cause shown. Notwithstanding this paragraph to the contrary, no license may be issued to a transient merchant, solicitor or canvasser operating from a fixed location requiring a special use permit until such special use permit has been issued by the City. [Revised 3/16/04, Ordinance 1834]
(4) Denial of License. Peddlers, solicitors, or transient merchant licenses may be denied for any one or more of the following reasons:

(a) The applicant, or anyone whose activity would be covered by the license, has been convicted of a felony or any crime involving moral turpitude within the ten (10) years preceding the date of the application.
(b) If the applicant or the applicant’s employer has been convicted of perjury or any felony or gross misdemeanor involved in truth telling ability within the preceding ten (10) years.
(c) If the applicant or applicant’s employer has been convicted of any crime involving fraud within the preceding ten (10) years, unless the applicant complies with the provisions of Minnesota Statutes, Section 364.03.
(d) The applicant has provided false information on the application.
(e) The applicant has previously sold goods in the City without a license if one was required.
(f) No transient merchant license shall be issued unless the applicant submits written consent of the property owner along with the license application.
(g) No transient merchant license shall be issued for sales from any location which does not have sufficient parking for customers or where customer parking would interfere with normal traffic flow. [Revised 4/1/97, Ordinance 1600][Revised 3/16/04, Ordinance 1834][Revised 6/7/05, Ordinance 1892]

(5) The Chief of Police shall promptly report the results of the police investigations to the City Clerk. If grounds for denial or revocation are not discovered in the Police investigation, the City Clerk shall be so instructed and shall issue a license to the applicant Such license shall contain:

(a) The name and address of the licensee;
(b) The kinds of goods to be sold;
(c) The date of issuance;
(d) The length of time the license is operative;
(e) The amount of fee paid; and
(f) The signature of the issuing officer.

(6) Any applicant who has violated any of the provisions of this Chapter shall not be eligible for a new license for a period of two years following the expiration or termination of the applicant’s last previous license. [Revised 4/1/97, Ordinance 1600]

5-1509 Display of Licenses.

(1) Transient merchants, solicitors, and canvassers doing business from a fixed location shall be issued one license which shall be conspicuously displayed at the business location. [Revised 4/1/97, Ordinance 1600]
(2) Peddlers, solicitors, and canvassers who travel from place to place shall be issued one license or facsimile thereof for each individual licensed under this Chapter. Each facsimile license shall be initialed and dated by the issuing officer. At all times while peddling or soliciting, every peddler or solicitor shall wear a badge, approved by the City, which is visible to all persons with whom the licensee comes in contact, which badge shall set forth the licensee’s name, and if the licensee works for or on behalf of a business or organization, the name of that business or organization, and such licensee shall carry the original license issued hereunder or City initialed facsimile, and shall exhibit the license to any police officer, other City officer, or any other person to whom such licensee is or would peddle or solicit when so requested. [Revised 4/1/97, Ordinance 1600][Revised 3/16/04, Ordinance 1834]

5-1510 Sales Slips, Receipts, and Disclosure. Every peddler or solicitor who sells to or takes an order from or receives any funds or property from any person, shall leave a sales slip or receipt, or other document containing the following information:

(1) The name and address of the peddler or solicitor together with a statement to the effect that the City, by licensing the peddler, solicitor, or organization, does not endorse or make any affirmative or negative statement regarding the cause on behalf of which such licensee may be acting; provided, however, that a minor may substitute an assigned number for the name and address of said minor.
(2) The name and address of the business or organization, if any, on whose behalf the peddler or solicitor is acting.
(3) If the transaction involves the sale of goods or services for future or concurrent delivery, a description of the goods or services, the agreed price therefor, the amount of all additional charges thereon, and the date for future delivery thereof.
(4) If the peddler or solicitor is engaged on behalf of an organization which is not a strictly commercial enterprise operated for profit, a description of the purposes for which the funds or property received will be used. [Revised 3/16/04, Ordinance 1834]

5-1511 Transfer. No license issued under the provisions of this Chapter shall be transferred nor used at any time by any person other than the one to whom it was issued. [Revised 4/1/97, Ordinance 1600][Revised 3/16/04, Ordinance 1834]

5-1512 Separate License. In the event that a transient merchant, solicitor, or canvasser doing business from a fixed location desires to do business in more than one place, separate licenses shall be issued and separate license fees paid for each place of business and the licenses shall be posted conspicuously in each place of business. [Revised 4/1/97, Ordinance 1600][Revised 3/16/04, Ordinance 1834]

5-1513 Locations.

(1) Structures, vehicles or other places occupied as a fixed location by transient merchants, solicitors, or canvassers shall be located only in zoning districts where retail sales are allowed as permitted or special uses under the City’s zoning code. [Revised 4/1/97, Ordinance 1600]
(2) No peddler, solicitor, or canvasser who travels from place to place shall have an exclusive right to the use of any public rights-of-way, nor shall such persons be permitted to operate from a fixed location. [Revised 4/1/97, Ordinance 1600]
(3) No person licensed under this Chapter may operate in any location where the operations might reasonably endanger the public safety or unreasonably impede or inconvenience the public. [Revised 4/1/97, Ordinance 1600]
(4) Structures, vehicles, and other places occupied as a fixed location by a transient merchant, solicitor, or canvasser must be located on a paved surface. [Revised 4/1/97, Ordinance 1600]
(5) All vehicles used in a fixed location business must be parked off the public street and on a paved surface. [Revised 4/1/97, Ordinance 1600]
(6) Customer parking must be on a paved surface. Customer parking on an adjacent public roadway must conform to all applicable traffic and roadway regulations and must not constitute a hazard to public safety. [Revised 4/1/97, Ordinance 1600]
(7) No structures, vehicles, and other places occupied as a fixed location within a previously existing parking lot, and no parking of vehicles in conjunction therewith, shall interfere with designated fire lanes, access to other businesses or reasonable and safe circulation of traffic and pedestrians within the parking lot. [Revised 4/1/97, Ordinance 1600]
(8) No landscaped area or bufferyard may be used for parking or for the storage or display of merchandise. [Revised 4/1/97, Ordinance 1600]
(9) No fixed location within an existing parking lot shall unreasonably reduce the number of parking spaces so as to require customers of other businesses to park on adjacent streets or property or to park in designated circulation lanes within the parking lot. [Revised 4/1/97, Ordinance 1600][Revised 3/16/04, Ordinance 1834]

5-1514 Maintenance of Structures and Locations.

(1) All structures, stands, fixtures, displays, and signs used by a transient merchant, solicitor, or canvasser must be constructed and maintained in an orderly and safe manner. [Revised 4/1/97, Ordinance 1600]
(2) Transient merchant, solicitor, or canvasser locations must be maintained in an orderly manner. No articles of any kind may blow or otherwise migrate to public rights-of-way or surrounding properties. Spoiled or destroyed products must be placed in appropriate containers and removed from the location at least once per day. [Revised 4/1/97, Ordinance 1600]
(3) All structures, vehicles, stands, fixtures, displays, and signs must be removed from the site within 24 hours after the expiration of the license. In addition, to any other penalties provided for in this Chapter, the City may remove any remaining articles which will not be returned to the licensee, or any successor or agent of the licensee, unless the City is first paid its costs of removing and storing the articles. Articles not claimed within thirty (30) days after the expiration of the license may be destroyed or otherwise disposed of at the sole discretion of the City. Any costs of removal and storage incurred by the City which are not paid within thirty (30) days after request by the City for payment may be assessed against the property in the same manner as a special assessment. [Revised 4/1/97, Ordinance 1600][Revised 3/16/04, Ordinance 1834]

5-1515 Enforcement.

(1) It shall be the duty of the police or community service officers, zoning administrator or designee, or code enforcement manager or designee to examine all places of business and persons in their respective territories subject to the provisions of this Chapter, to determine compliance with this Chapter and to enforce the provisions of this Chapter against any person found to be violating the same. [Revised 4/1/97, Ordinance 1600]
(2) Citations charging a violation of this chapter may be issued by any law enforcement officer, any community service officer, the zoning administrator or designee, or the code enforcement manager or designee. [Revised 4/1/97, Ordinance 1600]
(3) Upon a determination that a violation of this Chapter constitutes a significant safety hazard, the Chief of Police, or designee, may order any person licensed hereunder to suspend operations immediately pending a revocation hearing before the City Council. The City Council shall conduct such hearing at its next regular meeting. If the date of the next regular Council meeting is less than five days after the date the order is issued, the Council may for good cause conduct the hearing at its next following regular meeting. [Revised 4/1/97, Ordinance 1600][Revised 3/16/04, Ordinance 1834]

5-1516 Records. The City Clerk shall provide a report of all licenses issued hereunder to the Police and Community Development Departments and shall keep a record of all such licenses and of any complaints and violations. The Police and Community Development Departments shall report to the City Clerk any complaints against any licensee and any conviction for violation of this Chapter. [Revised 4/1/97, Ordinance 1600][Revised 3/16/04, Ordinance 1834]

5-1517 Suspension of License.

(1) The City Manager, or the Manager’s designee, may immediately suspend a license if the licensee, or any person working on behalf of the licensee, is determined to be conducting business in an unlawful manner or in any manner that constitutes a breach of the peace or a menace to the health, safety, or general welfare of the public.
(2) Suspension must be reviewed by the City Council at the Council’s next regular meeting.
(3) The City Council may:

(a) lift the suspension;
(b) lift the suspension with conditions; or
(c) continue the suspension with direction that revocation of the license be considered at the next available regular meeting of the Council in accordance with Section 5-1518. [Revised 3/16/04, Ordinance 1834]

5-1518 Revocation of License. The license issued pursuant to this Chapter may be revoked by the City Council after notice and hearing in accordance with Section 5-108 of this Title, for any of the following reasons:

(1) Any fraud, misrepresentation, or false statement contained in the registration or in the application for license.
(2) Any fraud, misrepresentation, or false statement made in connection with the selling of goods, wares, or merchandise.
(3) Any violations of this Chapter.
(4) Conviction of the licensee of any felony or of a misdemeanor involving moral turpitude.
(5) Conducting the business licensed under this Chapter in an unlawful manner or in such a manner as to constitute a breach of the peace or as to constitute a menace to the health, safety, or general welfare of the public. [Revised 3/16/04, Ordinance 1834]

5-1519 Prohibited Practices. No person under this Chapter shall:

(1) Call attention to the business or to the merchandise by any loud, unusual noise including but not limited to, shouting, amplification system, blowing a horn or ringing a bell.[Revised 4/1/97, Ordinance 1600][Revised 3/16/04, Ordinance 1834]
(2) Solicit, peddle or canvass after the hour of 8:00 p.m. or before 9:00 a.m. unless a previous appointment has been made.[Revised 3/16/04, Ordinance 1834][Revised 6/6/06, Ordinance 1922]
(3) Operate a business defined as a transient merchant in Section 5-1513(a) after the hour of 9:00 p.m. or before 9:00 a.m.[Revised 6/6/06, Ordinance 1922]
(4) Enter or conduct business upon premises where a sign or plaque is conspicuously posted, stating in effect that no peddlers or solicitors are allowed. Such sign shall have letters at least one-half (1/2) inch high. ][Revised 6/6/06, Ordinance 1922]
(5) Occupy for the purpose of advertising and/or conducting business any area within a sight triangle, as defined by City Code Section 11-1825.[Revised 4/1/97, Ordinance 1600] [Revised 6/6/06, Ordinance 1922]
(6) Occupy any fixed location within any public right-of-way or other public property for the purpose of advertising and/or conducting business.[Revised 4/1/97, Ordinance 1600] [Revised 6/6/06, Ordinance 1922]

5-1520 Fireworks. Any transient merchant selling fireworks must comply with all provisions for storage, display, and sale of fireworks contained in NFPA Standard 1124 (2003 edition), including but not limited to:

(1) Having an approved fire extinguisher immediately adjacent to the sales area (minimum size 3A40BC).
(2) Conspicuous ‘no smoking’ signs.
(3) Banning the lighting of any fireworks for demonstration purposes or otherwise within 50 feet of any sales or storage area, and only on private property. [Revised 3/16/04, Ordinance 1834]

5-1521 Signs. A transient merchant, solicitor or canvasser who operates from a fixed location will be entitled to one sign meeting the following requirements:

(1) The structure of the sign, excluding supporting posts, may not exceed 32 square feet in area per side. However, both sides of the sign structure may contain advertising provided that the advertising is on a single structure in a back-to-back configuration. [Revised 4/1/97, Ordinance 1600]
(2) The sign must be located on the same premises as the business. No off-premises signs will be permitted. [Revised 4/1/97, Ordinance 1600]
(3) The sign may not be located within a public right-of-way or within the City’s minimum site triangle defined as area of land located at the corner of intersecting streets two sides of which shall be lines fifty feet in length located along the curb lines, or the gutter lines if there are no curbs, of the intersecting streets measured from the point of intersection. The third side shall be a straight line connecting the end points of the previously described lines. [Revised 4/1/97, Ordinance 1600]
(4) The signs shall be set back at least one foot from a public sidewalk or eighteen feet from the street pavement if there is there is no sidewalk. [Revised 4/1/97, Ordinance 1600]
(5) The sign shall be located no closer than ten feet from any other property line. [Revised 4/1/97, Ordinance 1600]
(6) Advertising of any nature whatsoever which is placed upon or against or is attached to a structure, tent, portable shelter, or vehicle in any manner will be considered signage and subject to the maximum sign area authorized by sub-section (1) above. [Revised 3/16/04, Ordinance 1834]

5-1522 Penalties. In addition to any other sanctions that may be imposed, a violation of this chapter will constitute a misdemeanor and be punishable accordingly. [Revised 4/1/97, Ordinance 1600][Revised 3/16/04, Ordinance 1834]

5-1523 Severability. If any section or portion of any section of this chapter is deemed invalid or unconstitutional by a Court of competent jurisdiction, such invalidity or unconstitutionality will not affect the validity of other sections or portions of sections of this chapter. [Revised 4/1/97, Ordinance 1600][Revised 3/16/04, Ordinance 1834]