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07-992SUBSTITUTE 12/OS/2007 ORDINANCE OF SAINT PAUL, iVIINNESOTA council F;le # 07-992 GreenSheet# 3044330 7�0 Presented 1 2 3 a 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 20 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 SUBSTITUTE An Ordinance amending Chapter 345 of the Saint Paul Legislative Code to ensure safety outside entertainment venues and to clarify other requirements. Secrion 1 �(/�� Chapter 345.01 of the Saint Paul Legislative Code is hereby amended to read as follows: Jf�j� � � �?D� Sec. 345.01. Definitions. Peddler means any person who shall se11 or offer for sale goods or wares, or other articles of value includinQ event rickets � > �mter. The term "peddler" shall not apply to any pexson who may sell or peddle the products of the farm ox garden occupied and cultivated by themselves ar who sells at a stand at one (1) of the public markets. Solicitor means any person traveling either by foot, motoi vehicle, or any other type of conveyance from place to place, house to house, or street to street, taking or attempting to take orders for sale of goods, wares, merchandise, for future delivery, whether or not such individual carries or exposes for sale a satnple of the subject of such sale; provided, however, that this chapter shall apply only to solicitors who demand, accept or receive payment or deposit of money in advance of final delivery, and provided that he is not a txansient mezchant ox peddler as defmzd herein. Transient merchant means any pexson, individual, coparinership and corporation, both as principal and agent, who engages in, does or h any Yemporary and transient business in this state, either in ona (1) locality or in traveling from place to place in this state, seiling goods, wares and merchandise, and who, for the purpose of carrying on such business, hires, leases, occupies or uses a building, structute, vacant lot or railroad car for the exhibirion and sale of such goods, wares and merchandise. 07-992 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 Section 2 Section 345.Q8 of the Saint Paul Legislative CQde is hereby amended to read as follows: Sec. 345.08. Restricrions. (a} Peddlers peddling from vehicles or pushcarts shali not stand upon any sidewalk, street or alley for the purpose of disposing of their goods without first obtaining a use of street pemut from the Deparnnent of Public Works, but this provision sha11 not prevent such peddlers from stopping for a sufficient length of time to complete a sale to such purchasers as may be present at the place where such stop is made. (b) No licensee shall have any exclusive right to any location in the public sidewalks, streets or other public property without first obtaining a use of street permit from the Department of Public Works, nor shall any be permitted to operate in a congested uea where such operation might impede or inconvenience the public use of such streets or public ways. For the purpose of this chapter, the judgment of a police officer or license inspector, exercised in good faith, shall be deemed conclusive as to whether the azea is congested and the public impeded or inconvenienced. (c) PeddlinQ is prohibited within one hundred (100) feet of an entrance to an entertainment venue within 3 hours of an event scheduled at thaT entertainment venue_ This Ordinance shall take effact and be in force thiriy (30) days following its passage, approval and publication. -�° Requested by Department of: � � R i /�- Form Approved by City Attorney Sy: Form Approved by Mayor for Submission to Council Adopcion Certified by Council Secretary / g .r1' By: Approved y � or: ,Z j d By: PU�LlSHED JAN 0 310(1$ Section 4 JAN 0 326�r Adopted by Council: �_+< f°?f��j���� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � 07-9! �- ; Departmentloffice/councik ', Date Initiateda � ${ -Dept, af Safcry & Inspecrions � 24SEP-07 Green Sheet NO: 3044330 ' Contaa Person 8 Phone: � ' � Deoartment Sent To Persun laitiallDate Bob Kessler . � 0 Depk of Safety & Ipspecfions � ' � �. 266-90"13 y�jgn I Dept of Satetv & Insnections � Deparhnent Director � �' f Must Bs on Cauncil Agenda by (Dake): � Number � Z tty Attoroey �� f For � —i Routing ; 3 '• avor'M`� s OtBce Mavar��lssislsnt f Dac.Type: ORDINANCE { Order � 4 ',Council 'i � 1 � � I 5 City Clark � Citv Clark � ' E-Documeat Required: Y j �� � Documeat Contact: Rohert Humphrey � � Contact Fhone: 266-9123 Totaf # of Signature Pages _(Clip All Locations for Signature) Approval oF an ordinance ameading Chapter 345.0] regulating peddlers to ensure safety outside entertainmen[ venues and to clarify other requirements on peddlers. ltlatrons: Approve (A) or R Planning Commission CIB Committee Civil Service Commission 1. Has this personlfirm ever worked under a contract for this tlepartment? Yes No 2. Has this persontfirm ever been a city empioyee? Yes No 3 Does this person/firm possess a skill not normally possessed by any current cdy employee? Yes No Explain all yes ar�swers an separate sheet and attach to green sheet Initiating Problem, Issues, OppoRunity (Who, What, When, Where, Why): Approval of this ordinanae should help improve the reguLarion of vendors on the public right of way and adjacent W entertainment venues in the City. Advantages If Approved: Disadvantages IfApprovetl: Disadvantages If Not Approvetl: Trensaction: Funding Source: Financial l�ormation: (Explain) Activity Number: Cost/Revenue Budgeted: September 24, 2007 1:57 PM Page 1 i 2 3 4 S Council File # ORDINANCE SAINT PAUL, MINNESOTA m Green Sheet # 3044330 Gouncil File �i ��--( � � Ordinance amending Chapter 345 of the Saint Paul Legislative Code to ensure � safety outside entertainment venues and to clarify other requirements. Seation 1 9 lo 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 �8 !9 Chapter 345A1 ofthe Saint Paul Legislative Code is hereby amended to read as follows: Sec. 345.01. Definitions, Peddler means any person who shall sell or offer far sale goods or wares, or other articles of value includin� event tickets , > �eriter- The term "peddler" shall not apply to any person who may sell or peddle the products of the farm or garden occupied and culrivated,by themselves or who sells at a stand at one (1) of the public markets. Solicitor means any person traveling eiYi�er by foot, motor vehicle, or any other type of conveyance from place to piace, house to house, ar street to street, taking or attempting to take orders for sale of goods, wares, merchandise, for fu�pre delivery, whether or not such individual carries or exposes for sale a sample ofthe subject of'such sale; provided, however, that this chapter shall apply only to solicitors who demand, acc�pt or receive payment or deposit of money in advance of final delivery, and provided that he is not a transient merchant or peddler as defined herein. �, Transient merchant means any person, individual, cop � ership and corporarion, both as principal and agent, who engages in, does or transacts any temp o�ary and transient business in tivs state, either in one (1) locality ar in traveling from place to plac�in tlus state, seiling goods, wares and merchandise, and who, for the purpose of carrying on such�usiness, hires, leases, occupies or uses a building, siructure, vacant lot or railroad car for the exhibirion and sale of such goods, wares and merchandise. \, � C� ��y -t�� 6-� 50 51 52 53 54 SS 56 57 5s 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 Section 2 Section 345.08 of the Saint Paul Legislative Code is hereby amended to read as follows: 6 �� y � S 345.08. Restricrions. (a) eddlers peddling from vehicles or pushcarts shall not stand upon any sidewalk, street or a��y for the purpose of disposing of their goods without first obtaiiung a use of street pern�t from the Department of Public Works. but this provision shall not prevent such peddl`ers from stopping for a sufficient length of time to complete a sale to such purchasers as may be present at the place where such stop is made. (b) No licensee'°shail have any exclusive right to any loearion in the pubiic sidewalks, streets or other public without first obtaining a use of street permit from the Devartment of Public Works, nor shall any be permitted to operate in a congested area where such opera�ion might impede or inconvenience the public use of such streets or public ways. For tHe�purpose of this chapter, the judgment of a police officer or license inspector, exercised i good faith, shall be deemed conclusive as to whether the area is congested and the pub Yc impeded or inconvenienced. �� ��� � Section 4 — �. This Ordinance shall take effect and be in force thiriy (30) days follbwing its passage, approval and publication. �.' Adoption Certified By: Approved by Mayor: By: by Council Secretary Requested by Department of: Adopted by Council: n�*> Rv� � F h