[HISTORY: Adopted by the City of Isanti 3-4-2020 by Ord. No.
725[1]. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 245,
Peddlers, Solicitors, Transient Merchants and Mobile Food Units, adopted
2-4-2020 by Ord. No. 720.
Unless the context clearly indicates otherwise, the words below
are defined for the purpose of this chapter as follows:
An individual, partnership, corporation or association licensed
within the City under this chapter and includes a person who is or
will be conducting the regulated activity on behalf of the licensee.
A food and beverage service establishment that is a vehicle-mounted
unit or freestanding food stand.
A person who goes door-to-door for the primary purpose of
disseminating religious, political, social or other ideological beliefs.
For the purpose of this chapter, the term "door-to-door advocate"
shall fall under the term "solicitor" and include door-to-door canvassing
and pamphleteering and is intended for noncommercial purposes.
A person living, staying, or working at a residence, including
a guest.
Includes a person who goes from place to place exhibiting
merchandise for sale, making sales, and delivering articles to purchasers.
A natural person, a firm, partnership, corporation, any other
association of people, and includes the manager or agent of that person
or organization.
The activity of a peddler, transient merchant, solicitor
or mobile food unit as defined in this chapter. The term only includes
activities that involve the sale of a product or service. It does
not include activities that involve only statements of opinion or
belief or that request only a donation.
Includes a person who goes from place to place soliciting
orders for the sale of merchandise or personal services for future
delivery or future performance, whether or not the person has a sample
of the merchandise or is collecting advance payments for the orders.
The word also includes activity that has as its ultimate purpose the
obtaining of orders even though it may not initially purport to do
so. For the purposes of this chapter, the term "solicitor" shall have
the same meaning as the term "canvasser."
A person who temporarily sets up business out of a vehicle,
trailer, tent or other portable shelter or empty storefront in a commercial
district where retail sales are a permitted or conditional use 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
location for more than 14 consecutive days.
A person engaging in a regulated activity within the City must
first obtain a license from the City Clerk or designee.
A person engaging in the following activities is not required
to obtain a license and an identification card from the City:
A.
Selling personal property at garage sales, rummage sales, or estate
sales. This includes persons participating in an organized multi-person
bazaar or flea market.
B.
Selling newspapers, newsletters, or other similar publications on
an established customer delivery route, when attempting to establish
a regular delivery route, or when publications are delivered to the
community at large.
C.
Selling products of the farm or garden grown or raised by the seller,
including meat, but such activities must comply with applicable health
regulations.
D.
Selling at an auction conducted by a licensed auctioneer, or any
officers of the court conducting a court-ordered sale.
E.
Calling upon residents in connection with a regular route service
for the sale and delivery of perishable food and dairy products. This
includes initial contacts to establish a customer delivery route.
This exception does not relieve that person of the duty to comply
with other applicable City requirements.
F.
Sales or offers for sales by peddlers or solicitors who appear at
the customer's home or place of business by an appointment which
was made prior to such appearance are exempt from the provisions of
this chapter.
G.
Noncommercial door-to-door advocates. No license or registration
shall be required of any person going from house to house, door to
door, business to business, street to street or any other type of
place to place when the activity is for the purpose of exercising
that person's state or federal constitutional rights, such as
the freedom of speech, press, religion and the like, except that this
exemption does not apply if the person's exercise of constitutional
rights is merely incidental to a commercial activity.
H.
Any person selling or attempting to sell at wholesale any goods,
wares, products, merchandise, or other personal property to a commercial
retail seller of the items being sold by the wholesaler.
I.
Disseminating religious, political, social or ideological beliefs,
including pamphleteering and canvassing for noncommercial purposes,
or soliciting for, or selling, merchandise on behalf of tax-exempt
and nonprofit organizations.
[Amended 7-20-2021 by Ord. No. 763]
The following people are not eligible for a license from the
City:
A.
A person whose license for a regulated activity was revoked by the
City or another governmental body within three years before the application
date;
B.
A person who has been denied a license for regulated activity by
the City or another governmental body because of circumstances that
occurred within three years before the application date;
C.
A person who has violated, or whose representative has violated,
a provision of this chapter within three years before the application
date, or who violates a provision of this chapter during the application
period pending issuance of the license;
D.
A person who has been convicted within three years before the application
date of a crime that adversely reflects on the person's ability
to honestly, safely, or lawfully conduct the regulated activities,
unless the individual can show sufficient evidence of rehabilitation
as defined in Minn. Stat. § 364.03, Subd. 3, as it may be
amended from time to time;
E.
A person who has falsified information, or omitted material information,
required by this chapter, or
F.
A person who produces documentation of identification that is torn,
pasted, peeled, or otherwise damaged or altered.
Application for a license must be made at least 10 working days
before the regulated activity is proposed to begin and must include
an accurate, sworn statement in writing, on a form furnished by the
City, that gives the information listed below and includes the required
supporting documentation:
A.
Full legal name and physical description of the applicant;
B.
Complete home and local address of the applicant;
C.
A brief description of the proposed activity, its location, and the
merchandise or service involved;
D.
The dates and hours of the day during which the activity will be
conducted;
E.
Name, address, and phone number of the person on whose behalf the
orders are solicited, together with credentials establishing the applicant's
relationship to the person;
F.
The source of supply of merchandise proposed to be sold, where the
goods are located at the time the application is filed and the proposed
method of delivery;
G.
Whether or not the applicant has been convicted of any crime other
than petty traffic violations, the nature, time and location of the
offense and the punishment or penalty imposed;
H.
The last cities or other localities, not exceeding five, where the
applicant conducted the proposed activity immediately preceding the
date of the application and where within those areas the activity
took place;
I.
Make, model, year, color, and state license number of each motor
vehicle to be used in connection with the proposed activity;
J.
Social security number, date of birth, and driver's license
or state or tribal identification card number;
K.
Passport information and visa status if the applicant is not a United
States citizen;
L.
The name, address and phone number of the person or company employing the individual, if different from the information in Subsection E above;
M.
A copy of all documents to be used by the applicant in the regulated
activity;
N.
Phone number(s) for the applicant; and
O.
All names of employees or multiple persons under one license.
P.
Mobile food unit additional requirements:
(1)
Valid copies of all necessary licenses or permits required by the
state or county.
(2)
Pictures of mobile food unit vehicle and a site plan showing location
of vehicle on the property. Plans and specifications for nonvehicular
mobile food stand or unit and a site plan showing the proposed location
of the stand or unit on the property.
[Amended 7-20-2021 by Ord. No. 763]
(3)
A copy of the written permission from the property owner or property
owner's agent where the mobile food vendor will be conducting
business.
(4)
A list of other communities or locations where the applicant has
been a mobile food vendor.
Each individual who will be conducting the regulated activity
on behalf of the partnership or organizational applicant (including
the applicant) must submit two copies of a recent photograph, showing
the head and shoulders of the person in a clear and distinguishable
manner. An application is not complete until the required photographs
are supplied.
The application must be accompanied by the required license
fees specified in the City fee schedule, which may be amended from
time to time by action of the City Council. A license is valid only
for the time periods in the calendar year in which it is issued. No
fees are required of individuals taking orders for the shipment of
goods through interstate commerce.
A.
Within five working days after a complete application is submitted,
the Police Department will conduct an investigation regarding the
information provided in the application and the eligibility for a
license. The City Clerk will issue a license only to eligible people.
The license shall bear the name of the applicant; and in the case
of additional employees or multiple persons, a copy of the license
shall be issued that bears their name and photograph. That copy shall
correspond to the copy of record retained by the City. Any alteration
of that license and/or photograph invalidates the license.
B.
The City Clerk may not issue a license if there are circumstances
indicating that the intended recipient may not honestly, lawfully,
and safely conduct the proposed regulated activity. The City Clerk
must notify an applicant in writing of a denial of a license, specifying
the reasons. The applicant may appeal the denial by submitting to
the City Clerk a written request within 10 days after the denial asking
to address the City Council. The City Council may refer the matter
to an independent hearing officer or may consider the appeal itself.
The City Council or hearing officer may deny a license and/or identification
card when they believe such action will protect the public health,
safety, or welfare.
A.
Except for those people specified in § 245-4, a person may conduct regulated activity in the City only if they carry a license with attached photograph identifying the person has been issued a license and it has not been revoked, suspended, or impounded. The license and attached photograph must be shown upon request.
B.
A licensee must not transfer its license to another person. A license
that has the photograph removed is invalid. Use of that invalid license
is a violation of this chapter.
C.
A person must not use a license issued to someone other than that
person.
D.
A person conducting regulated activity must not go onto private property
for that purpose when there are signs prominently posted indicating
that trespassing and/or solicitation is unwelcome or prohibited.
E.
A person must not be on a street, highway, or adjacent boulevard
and direct regulated activity toward the occupants of any motor vehicle
in transit and must not obstruct the free flow of vehicular or pedestrian
traffic on any public street, sidewalk, or other public right-of-way.
F.
A person must not conduct regulated activity in a manner that creates
a health or safety hazard. No person shall call attention to their
business or items to be sold by means of blowing a horn, whistle,
bell, or crying out or by any other noise, so as to be unreasonably
audible within an enclosed structure.
G.
A person must conduct regulated activity in a reasonably courteous
manner at all times, must not engage in offensive, obscene, or abusive
language, must not push open a door not opened by an occupant, must
not place any portion of the person's body through an opened
doorway without the invitation of an occupant, and must not physically
attempt to stop an occupant from closing a door.
H.
A licensee must immediately leave private property when requested
to do so by an occupant or owner and must leave immediately upon completion
of a transaction or an unsuccessful attempt to contact an occupant.
I.
A licensee entering onto residential property must go directly to
a door of the house, unless there is an adult present outside of the
house or in an open garage. At no time may a licensee go to a window
or to the back yard, unless invited to do so by the occupant.
J.
A person conducting regulated activity must not make untrue statements
to the people contacted regarding the purpose of the contact, orders
placed by the neighbors, or the goods and services offered.
K.
A licensee must not make statements to the people contacted indicating
or implying that the City license constitutes an endorsement of their
activities or products by the City.
L.
While conducting regulated activity, a licensee must not be accompanied
by a person who is not licensed or is not listed in the license application.
M.
No person shall conduct business in residential zoned areas before
10:00 a.m. or after 7:00 p.m.
A.
State license. Mobile food units shall hold a valid license from
the State of Minnesota Department of Health or Department of Agriculture.
A license is valid for one vehicle or stand. Any conditions of the
State Health Department shall be incorporated into the license issued
under this section. A copy of the license shall be submitted to the
City.
B.
Insurance. A certificate of insurance evidencing the following forms
of insurance shall be submitted to the City:
[Amended 7-20-2021 by Ord. No. 763]
(1)
Commercial general liability insurance, including products and completed
operations coverage, with a limit not less than $1,000,000 for each
occurrence/$2,000,000 aggregate.
(2)
Automobile liability insurance with a limit not less than $1,000,000
combined single limit.
(3)
The City of Isanti shall be named as an additional insured and provided
with a certificate of insurance.
(4)
A signed statement that the licensee shall defend and indemnify the
City, its officers and employees for any claims for damage to property
or injury to persons which may be occasioned by any activity carried
on under the terms of the license.
C.
Duration of sales and unit standards. A license shall be valid for
one year. The license is valid for one vehicle or stand only. The
mobile food unit can operate in the same location for a time period
not to exceed six months. The unit, stand or vehicle must not have
rust, peeling paint, dents and must be maintained in a professional
manner. The vehicle or stand must be approved for aesthetics by the
City. The license must be displayed in plain view on the vehicle/stand.
D.
Overnight storage. No overnight storage of a mobile food truck on
City property, including public rights-of-way, shall be permitted.
E.
Signs. No mobile food unit shall use exterior signage (unless issued
a temporary sign permit), flags, feathers, banners, bollards, or any
other equipment not contained on or within the vehicle or stand.
F.
Noise and lighting. No shouting, blowing a horn, ringing a bell,
or use of any sound devices upon any streets, alleys, parks, or other
public places of the City or upon any private premises in the City
shall be permitted. No vendor shall use or maintain any outside amplifying
equipment, televisions, or similar entertainment devices. Lighting
will be downcast, concealing light source from view, and must not
spill onto adjacent properties and rights-of-way. Ice cream trucks
traveling through a residential district may have outdoor music or
noise-making devices to announce their presence.
[Amended 7-20-2021 by Ord. No. 763]
G.
Parking. Mobile food trucks must be located on a paved surface. A
mobile food unit may not operate in a traffic lane, on a sidewalk,
or in any location which causes an obstruction of traffic, such as
queuing of patrons or advancement of vehicles. A pedestrian walkway
of six feet must be maintained on the service side of the vehicle.
H.
Hours of operation. Hours of operation shall be allowed from 8:00
a.m. to 10:00 p.m. In the case of an event authorized under a special
event permit, the hours will match the time period indicated in the
permit.
I.
Waste disposal. Mobile food units shall provide waste disposal, clean
up all litter and garbage generated by this use and maintain their
site in a clean and hazard free condition. All waste liquids shall
be kept in leakproof, nonabsorbent containers which shall be kept
covered with tight-fitting lids and properly disposed of. No waste
liquids, garbage, litter or refuse shall be dumped or drained into
the sidewalks, streets, gutters, drains or public trash receptacles.
The licensee shall be responsible for all litter and garbage left
by customers.
J.
Self-containment. Mobile units cannot connect to public utilities unless on private property through agreement with the property owner. No power, cable or equipment shall be extended at any grade across any City street, alley, or sidewalk. Any generators must be self-contained and any noise created by their operation shall not cause a public nuisance, as per Chapter 216, Nuisances.
K.
Inspections, Mobile units shall comply with all applicable fire codes
and may be inspected by the City prior to operation.
L.
Locations. Mobile food units shall only be allowed to operate on
private property in zoning districts where retail sales are allowed
as permitted or conditional uses under the City's Zoning Ordinance.
Mobile food units may be allowed in public rights-of-way, residential
zoning districts or park zoning districts in conjunction with an approved
special event permit.
[Amended 7-20-2021 by Ord. No. 763]
M.
The mobile food vendor shall not set up in a manner so as to create
a traffic hazard and shall follow police orders. The mobile food unit
shall not have a drive through. Ingress and egress to private property
shall be through existing driveways only.
[Amended 7-20-2021 by Ord. No. 763]
N.
Mobile food units providing external seating must not block any sidewalk
or driveway area or occupy any required parking spaces.
O.
Ice cream novelty trucks are allowed to operate within the public
right-of-way in residential districts.
P.
Mobile food units are prohibited from vending activities within 150
feet of a food service building or within 500 feet of a community
event, unless part of the sponsor license and/or special event permit
for the event.
Q.
No mobile food unit shall sell alcoholic beverages.
R.
Mobile food unit vendors shall maintain a fire extinguisher at all
times.
S.
Mobile food vendors shall maintain their immediate sales location
in a clean and hazard free condition.
T.
The mobile food vendor shall not operate in such a manner so as to
constitute a public nuisance.
No peddler, solicitor or transient merchant, unless invited
to do so by the property owner or tenant, shall enter the property
of another for the purpose of conducting business when the property
is marked with a sign or placard at least four inches long by four
inches wide with print of at least 48 point in size stating "No Peddlers,
Solicitors, or Transient Merchants" or "Peddlers, Solicitors and Transient
Merchants Prohibited" or other comparable statement. No person other
than the property owner or tenant shall remove, deface or otherwise
tamper with any sign or placard under this section.
The following standards shall apply to all events that are authorized
by a special event permit:
A.
It is not necessary for each transient merchant or mobile food unit
to obtain a license under this chapter provided that the sponsor,
promoter or organizer of the event obtains a permit and maintains
a list of all participants and assumes responsibility for their activities
and conduct.
B.
The sponsor, promoter or organizer of the event may designate where
peddlers and transient merchants and mobile food units set up their
booths, sales stands or vehicles.
A.
The City may suspend or revoke an identification card and/or license,
if the person who is acting on behalf of the licensee, or the licensee
has:
[Amended 7-20-2021 by Ord. No. 763]
(1)
Violated a provision of this chapter, or other local laws governing
the same activity, during the license period;
(2)
Violated a criminal law during the license period that adversely
reflects on the ability to honestly, safely, or lawfully conduct the
regulated activity; or
(3)
Submitted false information or omitted material information in the
licensing process required by this chapter.
B.
If a license is revoked or suspended, all licenses issued to people
acting on behalf of the licensee are automatically revoked or suspended.
A.
The Chief of Police, and their designees are authorized to enforce
this chapter. They may impound a license when a person has been found
violating a provision of this chapter, when cause exists for suspending
or revoking the license, or when the license has been suspended or
revoked. When impounding a license, the official must send a notice
to the licensee and at the address on the application form, giving
the parties 10 days to submit a written request for a hearing before
the City Council. Failure to timely request an appeal constitutes
a waiver of that appeal and results in an automatic suspension of
the license or card for three years.
