Mound City Code 485.00

Section 485 – TRANSIENT MERCHANTS, HAWKERS, PEDDLERS AND SOLICITORS

485.01 Definitions. The following terms are hereby defined as used in this ordinance:

Subd. 1. Transient Merchant. Any person selling any merchandise, either as principal or agent, from a building or lot which he or she occupies as tenant at will, or under a lease for a shorter term than six (6) months, or from a railroad car, or a vehicle (if he or she does not travel about from house to house or from purchaser to purchaser) is a transient merchant.

Subd. 2. Hawker and Peddler. Any person selling good or products from a vehicle, or pack, going from house to house or from purchaser to purchaser carrying said goods or products for the purpose of sale and delivery, if the goods or products be edible, is a hawker; if the goods be non-edible, such person is a peddler.

Subd. 3. Solicitor. Any person selling goods by sample or taking orders for future delivery and accepting a deposit or advance payment is a solicitor; provided, any person taking orders to be filled by good delivered to the purchaser from other states in the original package shall not be included.

485.05 License Required. No transient merchant, hawker, peddler, or solicitor shall sell or offer for sale any merchandise or attempt to do any business in this municipality without first having obtained from the Clerk a license to do so. Each person engaged in any such business, whether as employee or owner, must secure a license. The license requirements set forth in this subsection are applicable to both non-residents and residents of this City.

485.10 Application. Application for such license shall be made to the Clerk and shall show:

(a) The name of the applicant and of all persons associated with him or her in his or her business;

(b) The type of business for which the license is desired;

(c) In case of transient merchants, the place where the business is to be carried on;

(d) The length of time for which said license is desired;

(e) A general description of the thing or things to be sold;

(f) The present place of business of the applicant;

(g) The places of residence of the applicant for the five (5) years just past.

Blank applications shall be issued by the Clerk on payment of the license fee as established in accordance with the provisions of Section 500 of the City Code, which amount shall be credited on the license fee if the license is granted. Every application shall bear the written approval of the Chief of Police after an investigation of the moral character of the applicant.

485.15 License Fees. Fees for licenses under this ordinance shall be established in accordance with the provisions of Section 500 of the City Code. (ORD.01-2001, 2/25/01)

485.20 License to be Carried and Displayed. All licenses issued under this Section 485 shall be carried by the licensee or conspicuously posted in his or her place of business, and such licensee shall whenever requested show said license to any officer or citizen who demands to see the same.

485.25 Practices Prohibited. No person, licensed under this Section 485, shall call attention to his or her business, or to his or her merchandise, by crying out, by blowing a horn, or by any loud or unusual noise.

485.30 Exemptions. This Section 485 shall not apply to any sale under court order, nor to a sale at wholesale to a retail dealer, nor to the sale of milk or ice, nor to the sale of farm products by a person producing the same, nor to any sale of a blind person resident in Minnesota.