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Ordinance #.
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<br />An ordinance relating to I~:ldlcrs, soliciWrs, and transient merchants and exercising the city's
<br />authority to re.late the nui,~ance created by ~uch business practices under the city's general
<br />police powers and as specifically authorized by Minnesota Statutes Sections 329.06, 329.15,
<br />412.221(subd. 19) _(Note: 412 cite i~ for statutory cities; charier cite could be substituted),
<br />and 437.02.
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<br />The City Council of the City of
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<br />Section 100. I),fflni~/.qns and Interpretation. Except as may othem, L~o bo provided or
<br />clearly implied by context, all terms shall be given their commonly accepted definitions. The
<br />singular shall include the plural and the plural shall include the singular. The masculine shall
<br />include the fern;nine and the n~ter, and vice-versa The term ."shall" means mandatory and
<br />the term "mayM is perml,qsive. The following terms 8hall have the definitions given to titan:
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<br />Subdivision I Per, on. The term "person" shall mcan any natural individual, group,
<br />organization, corporation, paxtnership, or. assocJ_~_fion. As appli~ to groups, organizations,
<br />corporations, partnerships, and associations, tho term shall include each member, officex,
<br />partner, a~ociate, agent, or employee.
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<br />Subdivision_ 2 Peddler. The term "peddler" shall mean a person who goes from house-to- .
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<br />hour, door-to-door, business-to-business, street-to-streW, or'any other type of phce-to-place, ".. 1
<br />for the purpose of offering for sale, displaying or exposing for sale, s,lllng or attempting to "" i'.';
<br />sell, and delivering immediately upon sale, the goods, warns, products, merchandise, or other ' ,
<br />personnel property, that the person is carrying or otherwise tran,qperfing. The term peddler
<br />shall mean the same as tho term hawker..CNOte: The inclusion of the phrase "without a
<br />fixed phee of business" in the definition of the term peddler has been interpreted by
<br />Minnesota courts as implying a preference for local businesses and should therefore be
<br />avoided even though the U.S. Supreme Court origivally used the phrase.)
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<br />Subdivision 3 Solicitor. The term "solicitor" shall mean a person who goes from house-to-
<br />house, door-toqtoor, business-to-business, street-to-street, or any other type of place-to-place,
<br />for the purpose of obtaining or attempting to obtain orders for goods, wares, products,
<br />merchandise, other personal property, or services, of which he or she may be carrying or
<br />transporting samples, or that may be described in a catalog or by other means, and for which
<br />delivery or performance shall occur at a later time. The absence of samples or catalogs shall
<br />not remove a person from the scope of this provision if the actual purpose of the person's
<br />activity is to obtain or attempt to obtain orders as discussed above. The term solicitor sba_ll
<br />mean the ~me as the term canvasser.
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<br />Subdivision 4 Tran,ient Merchant.'-'The term "transient merchant" shall mean a person who
<br />temporarily sets up business out of a vehicle, trailer, boxcar, tent, other portable shelter, or
<br />empty store front for the purpose of exposing or displaying for sale, selling or attempting to
<br />sell, and delivering, goods, wares, products, merchandl~, or other personal property, and
<br />who does not remain or intend to remain in any one location for more than
<br />consecutive days.
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