Minnesota Legislature
SF 1456
as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
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A bill for an act
relating to commerce; regulating peddlers and
door-to-door solicitors; amending Minnesota Statutes
2004, sections 329.14; 368.01, subdivision 11;
412.221, subdivision 19; proposing coding for new law
in Minnesota Statutes, chapter 329; repealing
Minnesota Statutes 2004, section 329.17, subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2004, section 329.14, is
amended to read:
329.14 CERTAIN SALES EXCEPTED.
The provisions of sections 329.10 to 329.13 and 329.14 to
329.17 shall not apply to sales made to dealers by commercial
travelers or selling agents in the usual course of business, nor
to bona fide sales of goods, wares, and merchandise by sample,
catalog, or brochure, for future delivery, or to deleted text begin hawkers on the
street deleted text end new text begin solicitorsnew text end , or deleted text begin to deleted text end peddlers deleted text begin from vehicles, baskets, or
packs carried on their backs deleted text end new text begin regulated under chapter 329Anew text end , or to
sheriffs, constables, or other public officers selling goods,
wares, and merchandise according to law; nor to bona fide
assignees or receivers appointed in this state selling goods,
wares, and merchandise for the benefit of creditors, nor to
persons who may sell or peddle the products of the farm or
garden occupied and cultivated by themselves, nor to sales made
by a seller at a residential premises pursuant to an invitation
issued by the owner or legal occupant of the premises.
Sec. 2.
new text begin
[329.25] DEFINITIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Scope. new text end
new text begin
For the purposes of this chapter,
the definitions in this section have the meanings given.
new text end
new text begin Subd. 2. new text end
new text begin Commissioner. new text end
new text begin
"Commissioner" means the
commissioner of commerce.
new text end
new text begin Subd. 3. new text end
new text begin Peddler. new text end
new text begin
"Peddler" means a person who goes from
house to house, door to door, business to business, street to
street, or any other type of place to place, for the purpose of
offering for sale, displaying or exposing for sale, selling or
attempting to sell, and delivering immediately upon sale, the
goods, wares, products, merchandise, or other personal property
that the person is carrying or otherwise transporting.
new text end
new text begin Subd. 4. new text end
new text begin Solicitor. new text end
new text begin
"Solicitor" means a person who goes
from house to house, door to door, business to business, street
to street, or any other type of place to place, for the purpose
of obtaining or attempting to obtain orders for goods, wares,
products, merchandise, or other personal property or services
for which delivery or performance will occur at a later time.
new text end
Sec. 3.
new text begin
[329.30] REGISTRATION; EXEMPTIONS.
new text end
new text begin Subdivision 1. new text end
new text begin State registration required. new text end
new text begin
No person
may conduct business as a peddler or solicitor anywhere in the
state without first having registered according to this chapter,
unless the person is exempt under this chapter. Professional
fund-raisers working on behalf of an otherwise exempt person are
not exempt from the registration requirements of this chapter.
new text end
new text begin Subd. 2. new text end
new text begin Preemption. new text end
new text begin
This chapter preempts and
supersedes all county, municipal, and local governmental
regulation of the persons governed by this chapter. A person
who registers pursuant to this chapter is not required to
register with any political subdivision of the state. A
political subdivision of the state may not impose a licensing,
permit, or registration requirement upon or otherwise regulate a
person engaged in peddling or soliciting or an entity whose
goods, wares, products, merchandise, or other personal property
or services the peddler or solicitor is selling.
new text end
new text begin Subd. 3. new text end
new text begin Application for registration. new text end
new text begin
The application
for registration to conduct business as a peddler or solicitor
must be made at least seven days before the applicant wishes to
begin conducting business. The application must be made on a
form approved by the commissioner and be available from the
commissioner by e-mail, for download, or by facsimile on the day
the request is made. All applications must include the
following:
new text end
new text begin
(1) the applicant's full legal name;
new text end
new text begin
(2) the applicant's permanent residence address;
new text end
new text begin
(3) the business name, address, and telephone number of the
applicant;
new text end
new text begin
(4) the type of business; and
new text end
new text begin
(5) a statement of whether the applicant has been convicted
within the past two years from the date of application for
violation of a federal or state law involving burglary, theft,
or fraud.
new text end
new text begin Subd. 4. new text end
new text begin Fee. new text end
new text begin
All applications for registration under
this chapter must be accompanied by a fee determined by the
commissioner. Section 16A.1283 does not apply to the initial
setting of the fee by the commissioner, but does apply to
subsequent increases in the fee.
new text end
new text begin Subd. 5. new text end
new text begin Procedure. new text end
new text begin
(a) Upon receipt of the completed
application, which may be submitted via e-mail, United States
mail, or in person, and payment of the fee, the commissioner may
order an investigation, including background checks, necessary
to verify the information provided with the application. Within
seven days of receiving a complete application, the commissioner
shall issue a certificate of registration to the applicant
unless there exist grounds for denying the registration under
this chapter, in which case the commissioner may deny the
registration.
new text end
new text begin
(b) If the commissioner denies the registration, the
applicant and entity must be notified in writing of the
decision, the reason for denial, and the applicant's right to a
hearing. If a hearing is requested or ordered, the
commissioner, after notice and hearing according to chapter 14,
shall affirm, modify, or vacate the order denying the
registration.
new text end
new text begin Subd. 6. new text end
new text begin Duration. new text end
new text begin
A registration granted under this
chapter is valid for 12 months from the date of registration.
new text end
new text begin Subd. 7. new text end
new text begin Web site. new text end
new text begin
All current and approved
registrations must be posted on the Web site of the Department
of Commerce.
new text end
new text begin Subd. 8. new text end
new text begin Registration exemptions. new text end
new text begin
The following are
exempt from registration under this chapter:
new text end
new text begin
(1) a person selling or attempting to sell, or taking or
attempting to take orders for, products grown, produced,
cultivated, or raised on a farm;
new text end
new text begin
(2) a 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 right to freedom of speech, press, or religion;
new text end
new text begin
(3) a school child working on behalf of a public or private
school for the purpose of raising funds for school-sponsored
activities or members of youth athletic, educational,
recreational, patriotic, charitable, or religious organizations
for programs not involving the use of a professional
fund-raiser;
new text end
new text begin
(4) a person selling or attempting to sell at wholesale any
goods, wares, products, merchandise, or other personal property
to a retailer of the items being sold by the wholesaler;
new text end
new text begin
(5) a person who makes initial contacts with other people
for the purpose of establishing or trying to establish a regular
customer delivery route for the delivery of perishable food and
dairy products, such as baked goods and milk;
new text end
new text begin
(6) a person making deliveries of perishable food and dairy
products to the customers on the person's established regular
delivery route;
new text end
new text begin
(7) a person conducting the type of sales commonly known as
garage sales, rummage sales, or estate sales;
new text end
new text begin
(8) a person participating in an organized multiperson
bazaar or flea market;
new text end
new text begin
(9) a person conducting an auction as a properly authorized
auctioneer;
new text end
new text begin
(10) an officer of the court conducting a court-ordered
sale; and
new text end
new text begin
(11) veterans described under section 197.447.
new text end
Sec. 4.
new text begin
[329.35] REGISTRATION INELIGIBILITY.
new text end
new text begin
The following are grounds for denying registration under
this chapter:
new text end
new text begin
(1) making a material misrepresentation on the application
or failing to pay the required fee; and
new text end
new text begin
(2) the criminal conviction of the applicant within the two
years prior to the date of application for violation of federal
or state law involving burglary, theft, or fraud.
new text end
Sec. 5.
new text begin
[329.40] SUSPENSION AND REVOCATION.
new text end
new text begin Subdivision 1. new text end
new text begin Generally. new text end
new text begin
A registration granted under
this chapter may be suspended or revoked after a hearing by the
commissioner for any of the following:
new text end
new text begin
(1) a material misrepresentation made on the application
form;
new text end
new text begin
(2) a material misrepresentation made during the course of
registered activity; or
new text end
new text begin
(3) conviction of any offense listed in section 329.35,
clause (2).
new text end
new text begin Subd. 2. new text end
new text begin Notice. new text end
new text begin
Prior to revoking or suspending a
registration issued under this chapter, the commissioner shall
provide written notice of the alleged violations to the
registrant and the business for whom the peddler or solicitor
sells, the reason for the suspension or revocation, and notice
of the applicant's right to a hearing.
new text end
new text begin Subd. 3. new text end
new text begin Hearing. new text end
new text begin
Upon receiving the notice provided in
subdivision 2, the registrant has the right to request a hearing
according to chapter 14. If a hearing is requested or ordered,
the commissioner, after notice to the applicant, shall conduct a
hearing according to chapter 14 and shall affirm, modify, or
vacate the order recommending suspension or revocation of the
registration.
new text end
new text begin
If no request for a hearing is received by the commissioner
within ten days following the service of the notice, the
commissioner may proceed with the suspension or revocation. For
the purpose of mailed notices, service is considered complete as
of the date the notice is placed in the mail. If a hearing is
requested within the stated time frame, a hearing must be
scheduled within 20 days from the date of the request. Within
three days of the hearing, the commissioner shall notify the
registrant of the commissioner's decision.
new text end
new text begin Subd. 4. new text end
new text begin Suspension. new text end
new text begin
A registrant who is determined to
have violated subdivision 1, clause (1) or (2), may be suspended
by the commissioner for not more than 30 days from the date of
final determination for the first violation and for not more
than 60 days from the date of final determination for the second
violation. Upon completion of the suspension, the commissioner
shall allow the registrant to reregister if the registrant is
not ineligible under section 329.35.
new text end
new text begin Subd. 5. new text end
new text begin Revocations. new text end
new text begin
A registrant who is determined to
have violated subdivision 1, clause (3), may have the
registrant's registration revoked by the commissioner for a
period of one year from the date of final determination. After
expiration of the one-year period, the registrant may reapply.
The applicant is not ineligible to apply by reason of the prior
revocation.
new text end
new text begin Subd. 6. new text end
new text begin Appeals. new text end
new text begin
A person whose registration is
suspended or revoked under this section has the right to file a
petition in court for review pursuant to chapter 14.
new text end
Sec. 6.
new text begin
[329.45] TRANSFERABILITY.
new text end
new text begin
No registration issued under this chapter may be
transferred to a person other than the person to whom the
registration was issued.
new text end
Sec. 7.
new text begin
[329.50] PROHIBITED ACTIVITIES.
new text end
new text begin
No peddler or solicitor may conduct business in any of the
following manners:
new text end
new text begin
(1) calling attention to business or items to be sold by
blowing a horn or whistle, ringing a bell, crying out, or any
other noise, so as to be unreasonably audible within an enclosed
structure;
new text end
new text begin
(2) obstructing the free flow of either vehicular or
pedestrian traffic on a street, alley, sidewalk, or other public
right-of-way;
new text end
new text begin
(3) conducting business in a way that creates a threat to
the health, safety, and welfare of an individual or the general
public;
new text end
new text begin
(4) conducting business before 9:00 a.m. or after 9:00
p.m.;
new text end
new text begin
(5) failing to provide proof of registration when
requested, or using the registration of another person;
new text end
new text begin
(6) making a material misrepresentation about the product
or services being sold or claiming to have the endorsement of
the commissioner solely based on the commissioner having issued
a certificate of registration to that person; or
new text end
new text begin
(7) remaining on the property of another after being
requested to leave, or otherwise conducting business in a manner
a reasonable person would find obscene, threatening,
intimidating, or abusive.
new text end
Sec. 8.
new text begin
[329.55] EXCLUSION BY PLACARD.
new text end
new text begin
No peddler or solicitor, unless invited to do so by the
property owner or tenant, may enter the property of another for
the purpose of conducting business as a peddler or solicitor
when the property is marked with a sign or placard at least four
inches long and four inches wide with print of at least 48 point
in size stating "No Peddlers or Solicitors," "Peddlers and
Solicitors Prohibited," or other comparable statement. No
person other than the property owner or tenant may remove,
deface, or otherwise tamper with a sign or placard under this
section.
new text end
Sec. 9.
new text begin
[329.60] PENALTIES FOR NONCOMPLIANCE.
new text end
new text begin
Peddling or soliciting in Minnesota without registering is
a petty misdemeanor punishable on the first offense by a fine of
no more than $75, on a second offense by a fine of no more than
$150, and on a third or subsequent offense by a fine up to $300.
new text end
Sec. 10.
Minnesota Statutes 2004, section 368.01,
subdivision 11, is amended to read:
Subd. 11.
Transient commerce.
The town board may by
ordinance restrain or license and regulate auctioneers,
transient merchants and dealers, deleted text begin hawkers, peddlers, solicitors,
deleted text end
and canvassers.
Sec. 11.
Minnesota Statutes 2004, section 412.221,
subdivision 19, is amended to read:
Subd. 19.
Transient commerce.
The council shall have
power by ordinance to restrain or license and regulate
auctioneers, transient merchants and dealers, deleted text begin hawkers, peddlers,
solicitors,deleted text end and canvassers.
Sec. 12. new text begin REVISOR'S INSTRUCTION.
new text end
new text begin
The revisor of statutes shall recodify Minnesota Statutes,
section 329.095, as section 329.60.
new text end
Sec. 13. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2004, section 329.17, subdivision 2, is
repealed.
new text end