Peddler, Solicitor and Transient Merchant Regulations
Maintaining a safe and orderly community for all its residents and visitors is one of the goals of the City of Lake Crystal. The licensing of peddlers and transient merchants and registration of solicitors helps achieve this goal.
Peddlers, Solicitors & Transient Merchants Descriptions
- Peddler: A person who goes from 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, other personal property, or services that the person is carrying or otherwise transporting.
- Solicitor: A person who goes from place-to-place for the purpose of obtaining or attempting to obtain orders for goods, wares, products, merchandise, other personal property, or services of which he or she may be carrying or transporting samples, or that may be described in a catalog or by other means, and for which delivery or performance shall occur at a later time.
- Transient Merchant: A transient merchant is a person who temporarily sets up business out of a vehicle, trailer, boxcar, tent, portable shelter or empty storefront. Often, the services provided are displayed for sale offering delivery, goods, wares, products and merchandise. A transient merchant does not remain or intend to remain in any one location for more than 14 consecutive days.
License Requirements
- Permit or certificate of registration must be received and approved before business can be conducted in the city. Applicants should allow 14 business days for the application to be processed and approved.
- Peddler & Transient Merchant Fee: $10 per person per day (capped at $100 per year). - Permits and registration are valid for the current calendar year.
- Solicitor Fee: No fee - Permits and registration are valid for the current calendar year.
License Exemptions
- No license or registration is required for a person selling products of a farm or garden occupied and cultivated by that person.
- No license or registration is required for a person whose activity is for the purpose of exercising their State or Federal constitutional rights, such as the freedom of speech, press, religion and the like. However, this exemption may be lost if the person's exercise of constitutional rights is merely incidental to a commercial activity.
- No license or registration is required for a person engaging in a not-for-profit, local fundraiser.
- All other exemptions are listed in Chapter 115.02 of the Lake Crystal City Code.
Prohibited Activities
It is unlawful for a peddler, solicitor or transient merchant to conduct business in any of the following manners:
- Calling attention to his or her business or the items to be sold by means of blowing any horn or whistle, ringing any bell, crying out, or by any other noise, so as to be unreasonably audible within an enclosed structure.
- Obstructing the free flow of traffic, either vehicular or pedestrian, on any street, sidewalk, alleyway, or other public right-of-way.
- Conducting business in a way as to create a threat to the health, safety, and welfare of any specific individual or the general public.
- Conducting business before 8 a.m. or after 8 p.m.
- Failing to provide proof of license, or registration, and identification when requested.
- Using the license or registration of another person.
- Alleging false or misleading statements about the products or services being sold, including untrue statements of endorsement. No peddler, solicitor, or transient merchant shall claim to have the endorsement of the city solely based on the city having issued a license or certificate of registration to that person.
- Remaining on the property of another when requested to leave.
- Otherwise operating their business in any manner that a reasonable person would find obscene, threatening, intimidating or abusive.
"No Solicitation" Signage
If you do not want peddlers or solicitors knocking at your door, you may post a sign at your door that states "No Peddlers, Solicitors, or Transient Merchants" or "Peddlers, Solicitors, and Transient Merchants Prohibited". This sign must be at least 4 inches long and 4 inches wide, with print of at least 48 point.