8.3. SR 12-19-2016 Eclty1� ,.,�� Request for Action
River
To Item Number
Mayor and City Council 8.3
Agenda Section Meeting Date Prepared by
General Business December 19, 2016 Tina Allard, City Clerk
Item Description Reviewed by
Ordinance Amendment Allowing Staff Approval of Cal Portner, City Administrator
Solicitor, Peddler, and Transient Merchant Licenses Reviewed by
Peter Beck, City Attorney
Action Requested
Adopt,by motion, an ordinance amending Chapter 38 in order to allow staff approval of certain licenses.
Background/Discussion
Council previously authorized certain ordinance amendments in order to allow certain license approvals
by staff.
The amendment allows for in-house approval by staff. If staff denies a license, an applicant would have
an opportunity for a hearing before Council.
Financial Impact
N/A
Attachments
■ Ordinance
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City of
Elk -�-�
River
Ordinance 16 -
An Ordinance Amending Chapter 38, Article VIII, Peddlers, Solicitors, and
Transient Merchants of the City of Elk River, Minnesota, City Code to Allow Staff
Approval of Licenses
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1. That§ 38-413, Investigation;granting, denial, or revocation of the City of Elk River
Code of Ordinances shall be amended to read as follows:
(a) All license applications under this division shall be made to the office of the city clerk and
referred to the chief of police and such other municipal departments or offices as the city clerk
deems necessary for verification and investigation of the facts set forth in the application. The
chief of police and other department heads or officers consulted shall submit their reports and
recommendations to the city clerk who shall determine whether to issue the license.
(b) The existence of any particular ground for denial or revocation does not mean that the city
must deny or revoke the license. If a license is mistakenly issued or renewed to a person,it shall
be revoked upon the discovery that the person was ineligible for the license under this section.
(c) The 6ty coil shall have the discretion to consider,in granting, denying, or revoking a license,
any reasonable facts or circumstances relating to public health, safety, and welfare,including but
not limited to the following:
(1) The proximity of the proposed activities to churches, schools, playgrounds,parks, or other
community facilities which might be adversely affected.
(2) The proximity of the proposed activities in relation to traffic congestion and parking which
causes a threat to public safety,interference with normal traffic flow, congestion, or
inconvenience to the public.
(3) Past fraud, misrepresentation, or misstatement in the course of carrying on business.
(4) Any conviction of a crime that adversely affects a person's ability to honestly, safely, or
lawfully conduct regulated activities, unless the individual can show sufficient evidence of
rehabilitation as defined in Minn. Stats. 364.03, Subd. 3. Crimes that are considered directly
related to the business of peddling, soliciting, and transient merchants include but are not
limited to crimes involving assault, criminal sexual misconduct,burglary,robbery, fraud,
theft,harassment, or moral turpitude.
(5) Revocation within the preceding 12 months of a past permit issued or past violations of
any provisions of this article.
(6) Failure to provide any information required on the application, or providing false or
misleading information.
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(7) Denial or revocation of a license for peddling, soliciting, or transient sales by a city or other
governmental entity within the preceding 12 months before the application
ate.
(8) Applicant is not a United States Citizen and is not legally permitted to be in the United
States.
(d) Where a reasonable basis is found to impose reasonable restrictions on the
license, taking into consideration one or more of the facts or circumstances,
uponissuanceo a license may have reasonable conditions/restrictions imposed stteh
reasonable conditions and restf ctions on the manner and circumstances under which the
licensed activity shall be conducted to preserve the public peace and protect and promote good
order and security.
(e) Failure of any person to comply with any of the ordinances of the city or the laws of the state,
or any conditions/restrictions imposed on a license, shall be grounds for denying or revoking a
license under this division. If is proposed to be denied or fevoked by the city cotmeil-,
Code.the city must notify the applicant with the reason(s).The applicant shaR be aRowed afl.
Oppor"uni—ly-for a hear4ng pursttant to Chapter 38,Article 11 of this The city shall have
the discretion to consider,in granting, denjng, or revoking a license, any reasonable facts or
circumstances relating to public health, safety, and welfare.
(fl If a license is denied by the office of the ci clerk, the city clerk shall notify the applicant of the
determination in writing,including the facts and specific Section or Sections of this Article
upon which this determination was made, and of their right to a hearing before the City
Council.
(g) Except as otherwise provided in this Chapter 38,Article VIII,peddlers, solicitors, and transient
merchant licenses shall be governed by the requirements and procedures set forth in Chapter
38,Article II of this code,including the notice and hearing provisions set forth therein.
SECTION 2. That this ordinance shall take effect upon adoption and be published as provided by
law.
Passed and adopted by the City Council of the City of Elk River this 19th day of December, 2016.
John J. Dietz,Mayor
ATTEST:
Tina Allard, City Clerk
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