ORD 16-32ofgjJp
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Ordinance � 6 " 32
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An Ordinance Amending Chapter 38, Article Vlll, 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 Q 38413, 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 ci eaaxeil 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.
Last Updated March 2014
FIIElfI IY
NATURE
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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
date.
(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 by the eatmeil to impose reasonable restrictions on the
license, taking into consideration one or more of the facts or circumstances, the eaefteilm
ttpeftissuftficee a license may have reasonable conditions /restrictions imposed seek
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 a lieense is proposed to be deftied or rev -eked by the eity eatinei4
. The city shall have
(Q If a license is denied by the office of the city clerk_ the city clerk shall notify the applicant of the
Council.
(g) Except as otherwise provided in this Chapter 38 Article VIII peddlers solicitors and transient
merchant licenses shall be govemed by the requirements and procedures set forth in Chapter
3.8, 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.
ATTEST:
Tina Allard, City Cler
Last Updated March 2014
6
joly J. ietz, 4 rayor
IIIFRII RI
NATURE
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF SHERBURNE
Charlene Vold being duly sworn on an oath,
states or affirms that he/she is the Publisher's
Designated Agent of the newspaper(s) known
as:
Star News
with the known office of issue being located
in the county of:
SHERBURNE
with additional circulation in the counties of:
WRIGHT
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 12/24/2016 and the last
insertion being on 12/24/2016.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
.,relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or (2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
By: C. tLo�O�
Designated Agent
Subscribed and sworn to or affirmed before
me on 12/24/2016 by Charlene Vold.
Notary Public
vv�t
DARLENE MARIE MACPHER &
Notary Publlo-AdlnResota }
My CommWon Expires Jen 31.20 S
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Ad ID 636497
CITY OF ELK RIVER
ORDINANCE 16 - 32
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 applies -
tion. The chief of police and other
department heads or officers con-
sulted shall submit their reports
and recommendations to the city
clerk who shall determine whether
IQ issue the license.
(b) The existence of any particu-
lar ground for denial or revocation
does not mean that the city must
deny or invoke the license. If a fl -
came is mistakenly issued or re-
newed to a person, it shall be re-
voked upon the discovery that the
person was ineligible for the license
under this section.
(c)The city council 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 pro-
posed activities to churches,
schools, playgrounds, parks, or
other community facilities which
might be adversely affected.
(2) The proximity of the pro-
posed activities in relation to tral
fie congestion and parking which
causes a threat to public safety, in-
terference with normal traffic flow,
congestion, or inconvenience to
the public.
(3) Past fraud, misrepresenta-
tion, 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 con-
duct regulated activities, unless the
individual can show sufficient evi-
dence of rehabilitation as defined
in Minn. Stats. 364.03, Subc. 3.
Crimes that are considered directly
related to the business of peddling,
soliciting, and transient merchants
include but am not limited to crimes
involving assault, criminal sexual
misconduct, burglary, robbery,
fraud, theft, harassment, or moral
turpitude.
(5) Revocation within the pre-
ceding 12 months of a past permit
issued or past violations of any pro-
visions of this article.
(6) Failure to provide any infor-
mation required on the application,
or providing false or misleading in,
formation.
(7) Denial or revocation of a li-
cense for peddling, soliciting, or
transient sales by a city or other
governmental entity within the ore -
ceding 12 months threeyearsbe-
tarethe spial eetiandate.
(8(�plicant is not a United
States Citizen and is not legally per-
mitted to be in the United States
(d) Where a reasonable basis is
found bythe eenneiI to impose rea-
sonable restrictions on the license,
taking into consideration one or
more of the facts or circumstances,
the eatme 1 may upon asuanee of
a license may have reasonable
conditions/resinctons imposed
restrictions on the manner and
circumstances under which the If-
censed activity shall be conducted
to preserve the public peace and
protect and promote good order
and security.
(e) Failure of any person to win -
ply with any of the ordinances of
the city or the laws of the state„
or any condhions/restrictions
imposed on a license shall be
grounds for denying or revoking a
license under this division. N-a-li-
censis 69 p eposed to be den ad a"
must notify the apphearit % ith the
ressen(s).The applicant shall be a'
pumbant to Chapter 88, Artie's 11 of
this -bade: The city 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.
W If a license is denied by the of-
8ce of the city clerk the city clerk
shall notify the applicant of the
determination in wnting including
the facts and spec fe Section or
Sections of this Article upon which
this determination was made and
of their tight to a hearing before the
City Council.
(g) Except as otherwise prov'dad
in this Chapter 38 Article VIII ned-
dlem. solicitors and transient mer-
chant licenses shall be governed by,
the reauirements and procedures
aid 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
Published in the
Star News
December 24, 2016
636497