HomeMy WebLinkAbout[09c] Ordinance 109 - Transient Merchants ti
Appendix A
Local Authority— Regulations or Prohibitions
This chart provides a basic summary of the general authority cities have in regulating or prohibiting door-
to-door or transient activities.As this area of law is subject to change,a city should consult its city
attorney when establishing(or reviewing)local regulations.
CIaSSiflCltio.11 ��n City Can Crty Cari Resident'
� � RegWate?�" Prohibit?.���� Prohibit? ����
Peddlers, Solicitors & Transient � c� �
Merchants .
(For-Profit Activities)
Cities have significant authority to regulate the activities of peddlers, solicitors,and transient merchants—
from licensing or registration requirements for most peddler or transient operations,to establishing time,
place, and manner restrictions on all operations. While our courts have never determined the validity of a
Green River ordinance(prohibiting all transient activities) as applied specifically to the Minnesota
Constitution(likely to be upheld),a total prohibition could conflict with particular provisions of the U.S.
Constitution, such as freedom of speech or the regulation of interstate commerce.Additionally,a city can
adopt a modified Green River ordinance,where residents,through their posting of notice,individually
determine if peddlers or solicitors are welcoine.
Canvassers � NO�'c �
(Non-Commercial Door-to-Door Activities)
While non-coinmercial door-to-door activities fall under various constitutional protections, cities have the
ability to establish reasonable time,place, and manner restrictions on their operations;regulations that do
not,in purpose or practice,prohibit those activities from occurring.These protections will still apply to
sales that are"secondary"to the priinary, constitutionally-protected rights of free speech,freedom of
religion, etc. If a Green River ordinance is adopted,its general prohibition on transient or door-to-door
activities probably cannot be applied to individuals going door-to-door exercising their constitutional
rights.While a city would have the general authority to prohibit purely fraudulent canvassing activities,
that would,in practice,occur more on a case-by-case basis and not through specific ordinance
prohibitions. However,a modified Green River,with the resident,and not the government,regulating
speech would most likely apply to coinmercial and non-commercial activities.
REGULATING PEDDLERS,SOLICTTORS&TRANSIENT MERCHANTS 25
Appendix B
Local Authority - Licensing or Registration
This chart provides a summary of the general authority cities have in regulating door-to-door or transient
activities.As it is often difficult to classify actual conduct into only one of these classifications, a city
should consult its city attorney when such specific assistance is needed.
ClassifiCatio�l Can City Require, Can City Require `
' License? � ���' Registration?
Peddlers � �
*While most peddlers are subject to a city's licensing or registration requirements,there are trades or
activities that are exempt from local licensing. See Part III—E-Licensing—exemptions.
Solicitors No �
(For-Profit Operations)
*Licensing of for-profit solicitors brings up equal protection and interstate coinmerce concerns. See Part
II—B—Solicitors and canvassers.
Transient Merchants � �
*Most transient merchants are subject to city licensing or registrations. However,there are activities (i.e.
produce stands)that inay be exempt from local licensing. See Part III—E-Licensing—exemptions.
Canvassers No No
(Not-for-Profit Solicitations)
*The licensing and/or registering of religious,political,or other non-profit canvassers impacts
constitutional rights(freedoin of speech,freedom of religion, etc.). See Part IV-Constitutional
iinplications.
Professional Fundraisers �,� ��c
(Individuals Paid for Canvassing Activities)
*A paid"for-profit"professional fundraiser, compensated for working on behalf of an otherwise exempt
group or person,may not be exempt from city licensing or registration requireinents since the city is
regulating commercial speech,which has less protection froin local regulations.However,in practice it is
difficult to disringuish professional fundraisers from not-for-profit canvassers.
26 LEAGUE OF MINNESOTA CITIES