§ 153-1. Purpose.

The purpose of this chapter is to regulate and control the conduct of selling goods and merchandise in any manner where the sale or solicitation does not occur within a building, store, or structure owned or leased by a business entity and properly zoned for commercial uses. It does not regulate personal and household effects sold at a garage or estate sale held at or in a residential property.

§ 153-2. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

FARMERS' SALES

Any person or persons selling, on a seasonal basis at a temporary, unowned location in accordance with Chapter 220, Zoning, fresh vegetables, fruits, and/or flowers which are the produce of a farm or garden occupied and cultivated by the license holder. This does not include produce used for or decorated as craft items.

FOOD VENDOR

Any person, individual, partnership, or corporation, whether principal, employee, or agent, who goes from house to house, from place to place, or from street to street, or who, for the purposes of carrying on such business, hires, leases, or occupies, or uses a building, structure, vacant lot, railroad car, or any public property right-of-way for the exhibition and sale of food items for immediate consumption. Food vendors are required to provide a trash container near their business for customer use.

GOODS, WARES, AND MERCHANDISE

Does not include personal and household effects sold at a garage or estate sale held at or in a residential property.

PEDDLER AND/OR HAWKER

Any person, whether a resident of the City of Kellogg or not, who goes from house to house, from place to place, or from street to street conveying or transporting goods, wares, or merchandise or offering or exposing the same for sale, or making sales and delivering the articles to purchasers. The term "peddler and/or hawker" does not include vendors who distribute their products to regular customers on established routes.

SOLICITOR

Any person, whether a resident of the City of Kellogg or not, who goes from house to house, from place to place, or from street to street soliciting or taking or attempting to take orders for sale of goods, wares, or merchandise, including magazines, books, periodicals, or personal property of any nature whatsoever for future delivery, or for a service to be performed in the future, whether or not such individual has, carries, or exposes for sale a sample of the subject of such order or whether or not he is collecting advance payments on such orders.

TRANSIENT MERCHANT

Also includes any person, individual, partnership, or corporation, whether principal, employee, or agent, who sponsors any temporary or transient business in this City which consists of several merchants selling goods, wares, and merchandise at one specific location for one specific period of time (i.e., craft sales, flea markets, trade shows, etc.) and who, for the purposes of carrying on such business, hires, leases, occupies, or uses a building, structure, vacant lot, railroad car, or any public right-of-way for the exhibition and sale of such goods, wares, and merchandise.

§ 153-3. License required.

It shall be unlawful for any transient merchant, peddler and/or hawker, or solicitor to engage in, do, or transact any business as such without first obtaining a license as hereinafter provided unless specifically exempted from the terms of this chapter.

§ 153-4. License exemption.

The terms of this chapter do not include the following:

A. Manufacturers' representatives, sales persons, or agents of wholesalers or manufacturers calling on local businesses for orders of products for business use or for resale by business shall be exempt from the provisions of this chapter.

B. Any nonprofit organization, society, association, or corporation, licensed by or incorporated in the State of Minnesota, desiring to solicit or to have solicited in its name money, donations of money, property, or financial assistance of any kind, or as a fund-raising activity to solicit orders for merchandise 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 this chapter. However, all organizations, societies, or corporations under this section shall be required to register with City Hall (on forms so provided) five days prior to canvassing, soliciting, or obtaining of donations or other financial assistance within the City of Kellogg.

C. Any nonprofit organization, society, association, or corporation, licensed by or incorporated in the State of Minnesota, desiring to sponsor as a fund-raising activity any temporary or transient business in this City, which consists of several merchants selling goods, wares, and merchandise at one specific location for one specific period of time (i.e., craft sales, flea markets, trade shows, etc.) and who, for the purposes of carrying on such activity, hires, leases, occupies, or uses a building, structure, vacant lot, or any public property right-of-way for the exhibition and sale of such goods, wares, and merchandise shall be exempt from the provisions of this chapter. However, all organizations, societies, or corporations under this section shall be required to register with City Hall (on forms so provided) five days prior to the activity.

§ 153-5. License application.

A. Every person or organization desiring to engage in the activities provided in this chapter shall be required to make application in writing to the Kellogg City Clerk/Treasurer on forms so provided. Said application forms must be completed in their entirety. Failure to abide by this provision shall be sufficient cause to deny licensure.

B. At the time of filing the application, the appropriate application fees, as set by the Kellogg City Council, shall be paid to the City Clerk/Treasurer to cover the cost of the investigation of the facts contained in the application and to cover the costs of the license. Upon receipt of each application, it shall be referred to the Wabasha Police Department, who shall immediately investigate the applicant's business, and conduct inquiries as deemed necessary for the protection of the public good. Upon completion of the investigation, the Wabasha Chief of Police shall recommend approval or disapproval of the application. Any disapproval shall be accompanied with written reasons for the disapproval.

C. The application and investigation report shall be returned to the City Clerk/Treasurer, who shall notify the applicant of the results of the investigation and approval/disapproval by the City Council.

§ 153-6. Proof of insurance.

A. No license shall be issued before the applicant furnishes proof of insurance (registered in the State of Minnesota) to the Kellogg City Clerk/Treasurer.

B. The insurance shall be in an amount to be determined by the City Council and shall be approved by the City Clerk/Treasurer prior to the issuance of the license applied for. Such insurance shall be obtained by the applicant at the applicant's own cost and expense. The applicant shall obtain minimum insurance limits of $100,000 combined single limits per occurrence or $100,000/$300,000/$500,000 dual limits for general liability (including premises/operations and products liability) and automobile liability and maintain same at all times throughout the life of the license. The applicant will in all things conform to the ordinances relating to transient merchants, peddlers and/or hawkers, or solicitors and further conditioned in full compliance with all material, statements, and representations, oral or written, made by the seller, his agents or representatives, with reference to merchandise sold or offered for sale, and on faithful performance under all warranties made with reference thereto. Neither the City's failure to require or insist upon certificates or other evidence of insurance showing a variance from the specified coverage changes the applicant's responsibility to comply with the insurance specifications.

C. The City Clerk/Treasurer shall issue to such applicant receipts therefor and a license to do business as such at the place described in the applicant's application, and the kind of business to be done shall be described therein.

§ 153-7. Enforcement.

A. It shall be the duty of the Wabasha Police Department to require any person observed in peddling, hawking, or soliciting, and who is not known by such officer to have obtained a license hereunder, to produce said license and to enforce the provisions of this chapter against person found to be violating the same.

B. Any person failing to exhibit his license when requested by the Wabasha Police Department or any officer thereof shall be guilty of a misdemeanor.

§ 153-8. Revocation of license.

A. Any license issued under the provisions of this chapter may be revoked for any of the following causes: fraud, misrepresentation, incorrect statement contained in the application, any violation of this chapter, conviction of any crime or misdemeanor, conducting the business of a transient merchant in any unlawful manner or in such a manner as to constitute a breach of peace or to constitute a menace to health, safety of the general welfare of the public, or failure to exhibit license to an officer of the Wabasha Police Department upon request.

B. Said license shall be revoked by mailing to the licensee at the licensee's address contained in the licensee's application or by personal service a notice of revocation stating the reasons and grounds for the revocation. Said revocation shall be effective upon handing the notice to the licensee or upon 24 hours after depositing the notice of revocation in the United States mail, postage prepaid and addressed to the licensee at the address indicated in his application.

C. Said notice shall provide that any person claiming to be aggrieved by the revocation of a license may appeal to the Kellogg City Council by filing with the Council a written statement setting forth the grounds for the appeal and by filing said statement with the City Clerk/Treasurer within 10 days after the effective date of the revocation. The revocation shall remain in effect until reinstated by the City Council of the City of Kellogg.

D. Unless reinstated by the City Council of the City of Kellogg, the licensee's application and license fee shall be forfeited to the City of Kellogg to cover its expenses incurred in the prosecution of any crime committed in the violation of this chapter.

§ 153-9. Expiration of license.

A. All licenses issued under the provisions of this chapter shall expire at midnight on the date stated for termination. All licenses shall specify the date of expiration.

B. All licenses shall expire no later than December 31 of the year in which the license was issued.

§ 153-10. License fees.

The license fees shall be set by resolution adopted by the City Council and reviewed from time to time. All fees shall be paid at the time of making the application.

§ 153-11. Posting notice of no solicitation.

A. All owners or occupants of residential or business premises who do not wish to be disturbed by peddlers and/or hawkers, solicitors, salespersons, transient merchants, or similar persons may post a notice stating "No Soliciting." Said notice should be in sufficiently sized letters of contrasting lettering and posted in a conspicuous location(s) such that it can be easily discerned by a passerby.

B. Any licensed or unlicensed person or organization attempting to peddle or solicit orders for the sale of services or goods, and whose attention has been called to the posted notice by an occupant, shall constitute a nuisance, and the penalty section of this chapter shall apply.

C. Nothing contained herein shall relieve a transient merchant, peddler and/or hawker, or solicitor from complying with the Wabasha County application provisions governed by Minn. Stat. Chapter 329, § 329.01 to 329.17.

§ 153-12. Violations and penalties.

Any person violating the provisions of this chapter shall be guilty of a petty misdemeanor and shall be punished as provided by Chapter 1, Article III, General Penalty.