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6.7. SR 07-10-2000Item #6.6. MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor & City Council Pat Klaers, City Administrator July 10, 2000 Personnel Committee Recommendations Economic Development Department In mid 1995, when the city comp worth plan was updated, the director of economic development position came out with a point ranking, which equated into level 3E of the city pay plan. In 1998, after Paul Steinman had been in the position for a couple of years, he completed a time spent profile in order to reevaluate the comp worth point ranking based on his duties and responsibilities. The profile came back with a ranking of 98, and Paul's pay grade within the city's system was elevated to 5E. The position had certainly changed in nature and increased in responsibility under Paul's management, but this ranking was a surprise. The position and department continued to evolve and change under Paul's management and in 1999, a new position was established and an assistant director of economic development was hired. The department essentially doubled its manpower and some of the director's work and responsibilities were shifted to the assistant position. (Nonetheless, like all city departments, the ultimate responsibility lies with the department head). The assistant director of economic development position did not have a comp worth pay ranking when it was established, and now that Marc has been in the position for over a year, the time spent profile has been completed. The results are in and the recommendation of the committee, which I support, is that the position be established with a point ranking of 86 and a pay grade of 2E. Additionally it is recommended that Marc's pay be set at $42,110.09 as of July 1, 2000. (Step A of Pay Grade 2E) During the selection process for Cathy Mehelich, the interview committee and executive search consultant discussed the department and position and how things have changed in the last four years since Paul began his work with the city. Everyone agreed that with Marc Nevinski's increased role in 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425 the department, the economic development director position should move back a slot into the 4E level and that Cathy should complete a new time spent profile after about a year in the position so that an accurate point ranking can be established based on the duties and responsibilities of the position and department in 2001. When Cathy was hired we outlined her pay adjustments based on pay grade 4E and she will be at the mid point of this pay plan in July 2002. Accordingly it is recommended that the director of economic development position be moved to pay grade 4E until the time spent profile is completed in 2001. Wastewater Treatment Plant Operator The city promoted Gary Leirmoe to the chief operator position when Daryl Mack retired in 1999. As discussed when this promotion took place, Gary has recently completed the time spent profile. The point ranking came in at 88 which corresponds to pay grade 3E. It is recommended that Gary be place at step C of this pay grade, which is $50,793.80 as of July 1, 2000. Gary will be moving to an exempt employee status with this change. Recommendations It is recommended that the assistant director of economic development position be established with a point ranking of 86 and a pay grade of 2E. Additionally it is recommended that Marc's pay be set at $42,110.09 as of July 1, 2000. It is recommended that the director of economic development position be moved to pay grade 4E until the time spent profile is completed in 2001. It is recommended that the chief operator position be established with point ranking of 88 and a pay grade of 3E. Additionally, it is recommended that Gary's pay be set at $50,793.80 as of July 1, 2000. s: \ council \ percorec.doc Item #6.6 River MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor and City Council Sandra Peine, City Clerk July 10, 2000 Discussion on Transient Merchant Ordinance REQUEST: The Council recently requested to review the City's existing Transient Merchant Ordinance, specifically to determine whether the Council should consider expanding the current regulation of transient merchants. One concern of the Council relates to transients not paying taxes to do business in Elk River and another concern relates to the "nuisance" factor of door-to-door selling. BACKGROUND: Attached is the city's existing transient merchant ordinance. In general the ordinance regulates transient merchants, canvassers and solicitors. A license fee of $50.00 per person is charged. Background checks are done on all applicants. The purpose of our ordinance is to regulate these types of sales. The ordinance also allows us to retain information on those who are exempt from the ordinance. City Attorney Mark Mathison, has prepared a memorandum on this issue. As Mark indicates in his memo, the City regulates transient merchants and protects the public through its existing ordinance. Mark also notes that the existing ordinance allows the Council to place specific conditions on individual licenses. The ordinance also allows residents to prohibit solicitation upon premises they occupy. 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425 ACTION REQUESTED: No action is required. This issue is presented to the Council for discussion purposes. The Council should discuss whether it feels the existing ordinance is adequate or whether the city should consider expanding the regulation standards of the ordinance. "Mark indicates in his memo that the existing ordinance probably presents less risk to the City of exceeding the constitutional limitations than the risk that would inhere in enacting a new, more restrictive ordinance." s: \ council \ transien.doc MEMORANDUM TO: FROM: DATE: RE: Sandy Peine City Clerk City of Elk River Mark S. Mathison Assistant City Attorney July 6, 2000 Potential for Expansion of Regulation Under Elk River Transient Merchant Ordinance FACTS Members of the City Council have requested a review of Elk River's Transient Merchant Ordinance, Section 722 of the City Code, and an analysis of the City's authority to expand its current regulation of transient merchants. ISSUE Whether the Transient Merchant Ordinance adopted by the City of Elk River is capable of expansion under a constitutional commerce clause analysis and the laws of the State of Minnesota ? SUMMARY CONCLUSION The City's existing Ordinance regulates transient merchants and others doing business temporarily within the City, and requires that all such persons be licensed by the City. In addition to its general restrictions, the Ordinance allows the City a broad range of flexibility to place specific conditions on individual licenses. State statute enables, but does not circumscribe, the City's authority to regulate in this arena. Accordingly, the parameters of the City's authority to regulate, including its authority to place restrictions on individual licenses, are set primarily by the United States Constitution under a commerce clause analysis. In addition to its other restrictions, the Ordinance contains what is known as a modified "Green River" provision, allowing individual residents of the City to prohibit solicitation upon premises they occupy. One alternative to this provision that may be available to the City for the purpose of controlling door-to-door solicitation is to enact an unmodified Green River provision, which would prohibit all door-to-door solicitation as a public nuisance. The use of such a provision has been upheld in some jurisdictions and struck down in others on the basis of individual states' constitutional analyses. Its use has not been explicitly tested in Minnesota. DISCUSSION I. CONSTITUTIONAL ANALYSIS The United States Supreme Court has held that an ordinance which is not primarily an exercise of the power of taxation or a revenue raising measure, and which does not interfere with or burden interstate commerce, is not unconstitutional even though it requires a license or imposes a fee. An ordinance which is an exercise of the police power of the city designed in good faith to protect the public health, welfare, or morals is valid where the purpose of the license, fee, or exaction is to make the exercise of the police power effective by contributing to its administration or financing, and where the ordinance is not discriminatory as against nonresidents or interstate commerce. Brennan v. Titusville, 153 U.S. 289 (1894). Thus, where the object is not to derive revenue~ but to protect the public against imposition, a license fee will be sustained under the general police power. The exercise of such power will not be permitted, however, if it interferes with interstate or foreign commerce. The negative or dormant implication of the Commerce Clause prohibits state regulation that discriminates against or unduly burdens interstate commerce and thereby "imped[es] free private trade in the national marketplace." General Motors Corp. v. Tracy, 519 U.S. 278, 287 (1997); see, e.g., Brown-Forman Distillers Corp. v. New York State Liquor Authority, 476 U.S. 573, 578-579 (1986); Reeves, Inc. v. Stake, 447 U.S. 429, 437 (1980); Federal Compress and Warehouse Company v. McLean, 291 U.S. 17 (1934). United States Supreme Court cases thus have indicated that even nondiscriminatory state legislation may be invalid under the dormant Commerce Clause, when, in the words of the so-called Pike undue burden test, "the burden imposed on [interstate] commerce is clearly excessive in relation to the putative local benefits," Pike v. Bruce Church, Inc., 397 U.S. 137, 142 (1970). "Distinguishing between regulations that do place an undue burden on interstate commerce and regulations that do not depends upon delicate judgments." Lopez v. United States, 514 U.S. 549, 580 (1995) (Blackmun, J., dissenting). Nevertheless, it is a general rule of constitutional law that municipal corporations can restrain and regulate huckstering, hawking, peddling, and canvassing within the municipality. Municipal competency in this respect is a phase of municipal police power and accordingly is justified to the extent it bears a reasonable relationship to public health, safety, morals, welfare, and convenience. Furthermore, such municipal competency may be based on the power of a municipality to regulate the use of its streets, at least insofar as use of the streets is involved. Green River v. Fuller Brush Co., 65 F.2d 112, (10th Cir. 1933). Police regulation in this as in other instances can utilize licensing as a method of control. See McQuillin, Municipal Corporations, Chapter 26. Nonresident and itinerant hawkers and peddlers (transient merchants) are in general subject to municipal regulation or prohibition of hawking and peddling. But an anti-itinerant peddling law ~ State and local taxes on interstate activities are to be upheld if four specific criteria are satisfied: (1) the taxed activity must have a substantial nexus with the taxing jurisdiction; (2) the tax must be fairly apportioned; 3) the taxing legislation must not discriminate against interstate commerce; and (4) the amount of the tax must be fairly related to the services provided by the taxing jurisdiction. Complete Auto Tr. v. Brady, 430 U.S. 274, (1977); see, Matter of Orvis Co. v. Tax Appeals Tribunal, 654 N.E.2d 954. These criteria make the older "peddler" and "drummer" cases, which are based on a repudiated analysis, irrelevant. Homier Distrib. Co., Inc. v. City of Albany, 681 N.E.2d 390, 396 (N.Y. Ct. App. 1997). In any event, the Elk River Ordinance is not primarily a taxing instrument; therefore, the applicable analysis of it is as a regulation of the activity in question. has been held invalid as having no direct relation to public health for a legitimate public purpose. Good Humor Corporation v. New York, 49 N.E.2d 153 (1943). Furthermore, an ordinance cannot unreasonably and arbitrarily discriminate against nonresident and itinerant hawkers, peddlers, and sellers of goods and merchandise. Welton v. Missouri, 91 U.S. 275 (1875). For example, a city ordinance requiring transient merchants to post a bond as a condition precedent to carrying on business within the city, unless such merchants are residents of the county concerned, is unconstitutional as imposing an unreasonable burden on interstate commerce. State v Schmidt, 159 N.W.2d 113 (Minn. 1968). Similarly, a law, although directed against peddlers or itinerant vendors, which discriminates against goods which have once been a part of an interstate commercial transaction, Machine Co. v Gage, 100 U.S. 676; Welton v Missouri, 91 U.S. 275 (1875), or which discriminates against goods manufactured or produced in other states, Welton 91 U.S. 275, is an invalid burden on interstate commerce. But an ordinance may make reasonable distinctions based upon a relationship to public health, safety, and welfare with respect to nonresident and itinerant peddlers. McQuillin, Municipal Corporations, § 24.373. A state or municipality may thus pass laws regulating hawkers, peddlers, and solicitors, as police measures, provided such laws do not interfere with interstate commerce. Breard v Alexandria, 341 US 622. Elk River's current Transient Merchant Ordinance, when applied to the rules respecting interstate commerce discussed above, is sufficiently broad to survive a constitutional challenge because it applies both to transient merchants involved in interstate commerce, and to those who do business completely within the state. The ordinance is also sufficiently limited in the burden it places on transient merchants ($50 annual fee). Finally, justification for the ordinance is grounded in the City's police power in that the ordinance is aimed at regulating, rather than taxing, transient merchants. The specific intent of the ordinance, to identify and investigate on a limited basis those merchants who have no permanent business location within Elk River, is well within the City's authority to act based upon a relationship to the public health, safety, and welfare. II. AUTHORITY UNDER STATE LAW TO REGULATE TRANSIENT MERCHANTS Statutory cities such as Elk River may license and regulate transient merchants and dealers, hawkers, peddlers, solicitors and canvassers under state law. See Minn. Stat. § 329.01 et seq. Cities must use special caution when regulating charitable and religious solicitors because of concerns involving the First Amendment rights of free speech and freedom of religion. Int'l Soc'y for Krishna Consciousness v. City of Houston, 689 F.2d 541 (5th Cir. 1982). License fees must be reasonable and must not reflect preferential treatment of resident vendors over nonresidents. State v Schmidt, 159 NW2d 113 (Minn. 1968). A city may prohibit certain classes of "transient merchant events." Minn. Stat. § 329.15. Ordinances may not, however, prohibit the sale of some items and permit the sale of others unless the prohibition can be shown to have a relationship to the city's police power to regulate for the health, safety or general welfare. Gifford v. Wiggins, 52 N.W 904 (Minn. 1892). The Elk River Transient Merchant Ordinance, in addition to regulating and licensing transient merchants, peddlers, hawkers, canvassers and solicitors, permits any resident of the City to prohibit peddlers, canvassers and solicitors from premises occupied by the resident, by placing a placard to that effect at the entrance to the premises. This Code provision is known as a modified Green River provision. One alternative to this that might expand somewhat the existing Ordinance and that may be available to the City, although its use has not been tested against the Minnesota state constitution, is an unmodified Green River ordinance. Such an ordinance is named after a 10th Circuit Court case involving the Town of Green River, Wisconsin and the Fuller Brush Company. The Town prohibited as a nuisance all uninvited door-to-door selling to individuals at their place of residence. The Court upheld the prohibition of the nuisance. Town of Green River v. Fuller Brush Co., 65 F.2d 112 (10th Cir. 1933). Unlike Elk River's modified Green River approach, this unmodified Green River approach does not depend upon a resident's individually prohibiting solicitation at his or her residence. This method has not been, and probably cannot be, expanded to include prohibition against solicitation of businesses. Likewise, it almost certainly cannot be used to prohibit other transient merchant sales methods. See Day v. Klein, 82 So.2d 831 (Miss. 1955). State statute authorizes the City to regulate in this area. Minn. Stat. §§ 329.06, 329.15. The statute does not place substantive restrictions on such regulation. Therefore, the parameters of the City's authority to regulate in this area are set primarily by the constitutional limitations on such regulation discussed above. In that regard, it should be noted that the Elk River Ordinance is already fairly broad, in that it allows the City, in addition to the specific prohibitions and licensing requirements set forth in the ordinance, to place additional specific restrictions on any license issued to a transient merchant. Moreover, state statute, as noted above, allows the City to prohibit certain classes of "transient merchant events." Minn. Stat. § 329.15. Use of this authority, combined with the ordinance's allowance for specific restrictions to be placed on individual licenses, is one possible method for exercising expanded authority, under the existing regulatory scheme, over activities that are of concern to the City. Such an approach using the existing ordinance probably presents less risk to the City of exceeding the constitutional limitations than the risk that would inhere in enacting a new, more restrictive ordinance. A separate question and answer fact sheet is provided for use of the City licensing staff in addressing questions and concerns raised by transient merchants. GP:711764 vl 4 Question No. 1 Answer: Question No. 2 Answer: Question No. 3 Answer: Question No. 4 Answer: Question No. 5 Answer: QUESTIONS AND ANSWERS REGARDING ELK RIVER'S TRANSIENT MERCHANT ORDINANCE July 2000 Can the City of Elk River ban transient merchants from conducting business within the city limits? No, it may only regulate the conduct of business within the City limits by transient merchants. See, e.g., American Trucking Ass'n v. Scheiner, 483 U.S. 266, 281 (1987). For instance, the City may require transient merchants to obtain a license and pay a reasonable license fee prior to carrying on business within the City. Where does the City's authority to regulate transient merchants come from? As a political subdivision of the State of Minnesota, the City of Elk River is granted its authority to regulate business within the City by the State. Specifically, Minnesota Statute § 329.15 grants municipalities the authority to regulate and license the business of a transient merchant carried on within the municipality. Similarly, Minnesota Statute § 329.06 grants municipalities the authority to regulate and license the business of peddlers and hawkers carried on within the municipality. Does Elk River's Transient Merchant Ordinance unfairly discriminate against interstate commerce? No, the ordinance applies equally to transient merchants doing business in either interstate commerce (between states), or intrastate (completely within Minnesota). This is true regardless of whether the business is based in another metropolitan city, elsewhere in Minnesota, or outside the state. As long as it does not maintain a business location within the City of Elk River, the merchant must obtain a license. Does the City's license fee constitute an unconstitutional tax? No, it is a valid license fee designed to recoup the administrative costs to the City for processing the application and issuing the license. A tax, on the other hand, is imposed to raise revenue. The intent of the Transient Merchant Ordinance is to protect local residents. Is interstate commerce exempt from such local license fees? No, even interstate commerce can be required to pay its "fair share" of the cost of local government. Elk River charges a modest fee, $50, for a license that is good for one year irregardless of the amount of business conducted within the City. It is not a tax. It is not unduly burdensome. (Note: Cases cited by transient merchants, for example Nippert v. City of Richmond, were decided on the tax question. This question is not applicable to Elk River's license fee, because it is not a tax. GP:711764 vl 2 E~Sting Transie: Ordinance SECTION 722 - 722.00 - SCOPE The City of Elk requirements f¢ Elk River or nc permanent natuz 722.00 - DEFIN3 Unless the cont and phrases as forth in the f¢ CANVASSER: An~ City on behalf organization a~ PEDDLER: Any this City who street carryin manner of ware~ sale or making SOLICITOR: An~ to house solicl the purchase ol magazines, boo[ whatsoever for performance of business, such TRANSIENT MERC. corporation, w do, or transac either in one city, selling purposes of ca a building, st exhibition and 722.0& - LICEN It shall be un engage in the '~t MerChant [ TRANSIENT ~.RCHANTS, SOLICITORS, PEDDLERS AND CANVASSERS AND PURPOSE River does establish regulations and licensing any person, whether a resident of the City of t, desiring to conduct business that is not of a TIONS ext clearly indicates otherwise, the words, terms used in Section 722 shall have the meanings set ,llowing paragraphs: person canvassing for funds door-to-door in this of a charitable, religious or nonprofit defined in IRS Code Section 501(c) (3). erson with no fixed place of business dealing in ;ravels around from place to place, or street to or transporting goods, or solicitation for all , services and merchandise, offering the same for sales and delivering articles to purchasers. person who goes from place to place and/or house ting or taking or attempting to take orders for any foods, wares or merchandise, including s, periodicals or personal property of any nature delivery in the future, or orders for the a service in or about the home or place of as furnace cleaning, roof repair or blacktopping. ~{ANT: Any person, individual, partnership, or ~ether principal, employee or agent, who engage in, any temporary or transient business in this city, ocality or traveling from place to place, in this ~oods, wares, and merchandise; and who, for the ~rying on such business, hire, lease, occupy or use ructure, vehicle, property, or other place for the sale of such goods, wares, and merchandise. SE REQUIRED lawful for any person, firm, or corporation to activities of peddling, soliciting, or transient E~sting Transie ordin ce selling without with the provis 1. Separate L each individual transient merc~ 2. Canvasser on behalf of a one exempt lice organization ir representatives organization, r canvassers sho~ canvassing in 722.06 - LICEN The applicatioz be made to the completing an e Clerk. In addf require, the a 1. Name of t in the City. 2. Permanent applicant, and applicant. 3. A brief w: goods to be sol 4. If employ~ with credential 5. The lengtl business in th 6. The place or orders take produced, whet said applicati 7. A photogr immediately pr picture shall shoulders of t Merchant first having obtained a license in compliance ions of this Ordinance. Lcenses - A separate license shall be secured for person engaged as a peddler, solicitor or ant. - If a person canvasses door-to-door in this City religious, charitable or nonprofit organization, nse will be issued to the organization. The turn must furnish all of its agents' or ' credentials in writing stating the name of the .ame of agent and purpose of canvassing. All other ld have individual city permits while conducting he City. APPLICATION for the license provided in this Section should City Clerk by filing the annual license fee and by Lpplication form or forms as provided by said City .tion to such information as.the City Clerk may )plication shall include: ~e applicant and all persons associated in business home address and full local address of the permanent and local telephone numbers of ?itten description of the nature of the business, Ld, and the applicant's method of operation. ~d, the name and address of the employer, together Is establishing the exact relationship. of time which the applicant intends to do City, with the approximate dates. where the goods or property proposed to be sold, ~ for the sale thereof, are manufactured or e such goods or products are located at the time Dn is filed, and the proposed method of delivery. ~ph of the applicant, taken within sixty (60) days ior to the date of filing of the application, which be two (2") inches by two (2") showing the head and he applicant in a clear and distinguishable manner. E~sting Transie ordinance 8. A statemen managing the bu misdemeanor or activities lice offense and the 9. If a vehic together with 10. A stateme goods, wares, the applicant, wares, and mer from stock in sale, or by ta~ 11o A brief st the advertisin customers (sam 12. Credentia proposes to do representative. 13. Transient places where ti consent of the 722.08 - REGU~ 1. Public Pr, sale any goods public right-c 2. Private P: for sale any g, stationary loc, such sales wou or without fir owner or occup license applic 3. Parking - location which for areas wher traffic flow. be adequate of the property a t as to whether or not the applicant or the person siness has been convicted of any crime, violation of any municipal ordinance, involving nsed under this Ordinance, the nature of the punishment or penalty assessed therefor. le is to be used, a description of the same zcense number or other means of identification. t of the nature, character, and quality of the r merchandise to be sold or offered for sale by the invoice value and quality of such goods, handise, whether the same are proposed to be sold ,ossession or by sample, at auction, by direct ling orders for future delivery. .atement of the nature, character, and content of done or proposed to be done in order to attract ~les may be requested). .s from the person, for which the applicant business, authorizing the applicant to act as such merchants shall include the addresses of all le business is to be located along with written owners or occupants. ~TIONS - TRANSIENT MERCHANTS .perty - It shall be unlawful to sell or offer for wares, or merchandise on any public lands or i-way within the city. zoperty - No transient merchant shall sell or offer )ods, wares, or merchandise within the City from a ~tion on private property at any location where kd not be permitted by Chapter IX of the City Code st obtaining the written consent of the property ~nt. The written consent must accompany the ~tion. No license shall be issued for sales from any does not have sufficient parking for customers and e customer parking would interfere with normal The Zoning Administrator must determine that there f-street parking to serve both the principal use of nd the transient merchant use of the property. o 4. Safety - N no sales shall merchant sales 5. Off-Street merchant, inclu shall not excee the site; and occupy more th 6. Duration more ~ days. At the license, the period to be ut 7. Storage equipment or 8. Signage - relating to si 722.10 - EXCLU The City Clerk that may have Ordinance may Examples inclu 1. A solicit~ bona fide appol door-to-door ii for sale or sel 2. Solicitat newspapers. 3. School ch nonprofit orga not limited to 4. Salespers to professiona 5. Any perso garden occupie 6. Ail vendo Fourth of July transzent merchant license shall be issued, and take place, if the proposed location for transient is within 150 feet of any intersection. Parking - The space used by the transient ding off-street parking in connection therewith, d the space needed for the existing business at n any case, the merchandise displayed shall not n 100 square feet. No transient merchant license shall be issued for .ays during which sales shall be limited to thirty ime of the application for the transient merchant ,plicant shall state the times within the license ed by the applicant. No overnight storage of transient merchant ~rchandise shall be permitted. No signage shall violate City Code provisions :e and number of business signs. ~IONS may determine that certain business activities haracteristics similar to those regulated by this e exempt from the requirements of this Ordinance. te: or canvasser doing business by appointment. A .ntment is one that is not merely obtained by going conjunction with the taking of orders, offering Lling. [on of orders for future door-to-door delivery of [ldren selling items to raise funds on behalf of ~izations which benefit children, including, but schools, scouts, organized youth groups. )ns selling goods to retail or wholesale stores or or industrial establishments. selling or peddling the products of the farm or and cultivated by such person. rs involved in the following community events: celebration; Community Festival; Sherburne County E~s~ing Transie I Ordinance Fair; Business Council deems e 7. Garage sal 729- ORGANIZATIONS This Ordinance association or with the Secret Minnesota Stat~ or have solicit property or fir or distribute ~ fee is charged such organizatJ buildings, by qualify for th provide a swor~ City which sha[ 1. Name and l sought. 2. Names and organization. 3. The perio( 722.14 - REVIE1 1. Ail licen: referred to th, departments or verification al application. officers consu to the City C1 2. The Counc granting, deny circumstances including but A. The neighbort located. Expo, and any other coramunity event the City xempt. es, rummage sales, and craft sales. OUS, POLITICAL, EDUCATIONAL & CHARITABLE does not apply to any organization, society, corporation if such organization is registered ary of State pursuant to the provisions of .tes Section 309.51-.52 if such desires to solicit ed in its name money, donations of money or .ancial assistance of any kind, or desiring to sell .ny item of literature or merchandise for which a or solicited from persons other than members of ons upon the streets, in office or business Louse to house canvass or in public places. To .s exemption, the organization or individual shall L statement in writing on a form furnished by the .1 include the following information: ~urpose of the cause for which the license is addresses of the officers and/or directors of the during which the solicitation is to be conducted. OF LICENSE APPLICATION AND COUNCIL ACTION ~e applications shall be made to the City Clerk and ~ Chief of Police and such other municipal offices the City Clerk deems necessary for ~d investigation of the facts set forth in the Fhe Chief of Police and other department heads or [ted shall submit their reports and recommendations ~rk. .1 shall also have the discretion to consider in Lng or renewing a license any reasonable facts or relating to public health, safety, and welfare; not limited to the following: character and suitability of the area or Lood in which the proposed activity is to be Ordinance B. The schools, which mig C. The to traffi with norm~ the publi. 3. Where reas reasonable rest one or more of issuance or ret conditions and which the licer public peace az 722.16 - LICEN~ 1. Annual FeE transient busi~ by resolution shall be payak license, unles~ for which it hi Upon denial of refund the ann~ 722.18 - LICENI 1. Ail licen: at the request >roximity of the proposed activities to churches, ~laygrounds, parks, or other community facilities it be adversely affected. )roximity of the proposed activities in relation congestion and parking which causes interference traffic flow, congestion, or inconvenience to onable basis is found by the Council to impose fictions on the license, taking into consideration the facts or circumstances, the Council may upon .ewal of a license impose such reasonable restrictions on the manner and circumstances under .sed activity shall be conducted to preserve the .d protect and promote good order and security. FEE AND LICENSURE I - The annual license fee for engaging in a Less, peddling, or soliciting shall be established ~y the Elk River City Council from time to time and .e at the time of application for a license. A ; revoked, is for the calendar year or part thereof Ls been issued. License fees may not be prorated. any application for a license, the City shall ~al fee paid. ~E RESTRICTIONS AND REGULATIONS ~e holders are required to exhibit their licenses of any citizen. 2. No licens~ issued under the provisions of this ordinance shall be used ~t any time by any person other than the one to whom it is issued. 3. No licens holder, nor any person in his behalf, shall shout, blow a any of the str City or upon a 4. It shall require any pe and whom is no produce his ii ordinance agai .orn, ring a bell or use any sound devices, upon eets, alleys, parks, or other public places of the ay private premises in the City. ~e the duty of any police officer of the City to rson seen peddling or engaging in like activities, t known to such officer to be duly licensed, to cense and to enforce the provisions of this nst any person when in violation of the same. o 5. Failure of with any of the of Minnesota sk license granted 722.20 - PEDDL~ PLACARD 1. Any resid~ canvassers or ~ may place upon printed placar¢ and Solicitors inches long an¢ not be smaller solicitor shal enter in or up placed and mail 2. No person shall remove, 3. Violation a duly issued 722.22 - VIOLA Any person, ei engage in, tra~ transient mercl license, or wh offer for sale this Ordinance fine of not mo exceed 90 days any person, partnership, or corporation to comply ordinances of the City or the laws of the State ill be grounds for suspending or revoking a under this Section. ~S, CANVASSERS AND SOLICITORS MAY BE PROHIBITED BY ,nt of the City who wishes to exclude peddlers, olicitors from premises occupied by said resident or near the usual entrance to such premises a [ or sign bearing the following notice: "Peddlers Prohibited." Such placard shall be at least 3 1/2 [ 3 1/2 inches wide and the printing thereon shall than 49 point type. No peddler, canvasser or · enter in or upon any premises, or attempt to ~n any premises, where such a placard or sign is ~tained. other than the person occupying such premises .njure or deface such placard or sign. of this section shall result in the revocation of icense. 'IONS AND PENALTIES zher as principal or agent, who shall in any manner ~sact any business as a canvasser, solicitor, ~ant, or peddler without having first obtained a shall conduct any sale, or who shall sell or any goods, wares or merchandise in violation of shall be guilty of a misdemeanor, punishable by a ~e than $700 or by imprisonment for a period not to or both.