7.2. SR 06-18-2007
REQUEST FOR ACTION
To
Ci Council
Agenda Section
Administration
Item Description
Solicitor's License Requests-Apx Alarms
Meeting Date
une 18, 2007
Item Number
7.2.
Prepared by
Tina Allard, Ci Clerk
Reviewed by
Peter Beck, Ci
Reviewed by
Lori ohnson, Ci Administrator
Action Requested
1) Council motion approving the twenty-six applicants listed in Exhibit A with the following
conditions:
A. Up to two solicitors may approach one residence at a time.
B. Applicant's shall carry the solicitor's license, a driver's license or state ID, and a company
photo ID proving employment with Apx Alarms on them while soliciting in the City of Elk
River.
Possible Condition C.
Discussion should also be held on the hours the solicitors will be allowed to go door-to-door. I was
going to originally recommend hours of 8:00 a.m. to 6:00 p.m. daily but a representative for all the
applicants called late on Friday and requested the hours be changed from 11 :00 a.m. to 9:00 p.m.
2) Approval of a solicitor's license to Applicant A as he has not been convicted of a crime that is
direcdy related to the license he is seeking.
3) If the Council wishes to deny a solicitor's license to Applicant B, then the Council should make
findings of fact that support the denial. One fInding may be that the applicant is not of "good moral
character." (due to his misdemeanor conviction). If the license is denied, staff should be directed to
contact the applicant to let him know he has a right to present evidence to the Council to rebut the
findings against him.
Background/Discussion
Twenty-eight applicants from Apx Alarms would like to solicit door-to-door for alarm system sales. All
application materials have been submitted.
The Police Chief recommended denial for two applicants due to their application and background checks.
Applicant A
In April, Applicant A was arrested in the City of Blaine for soliciting without a license. According to state
law, city ordinance, and previous court cases, there are not enough fIndings of fact to deny Applicant A a
solicitor's license because his arrest is still pending and he has not yet been convicted.
S:\Council\City Clerk\Transient\2007\Apex Alarm.doc
Applicant B
Applicant B stated on his application that he has been convicted of a misdemeanor for working without a
permit. If the Council wishes to deny this application, the city needs to make fIndings of fact for the
denial. Federal courts further emphasize the need for due process in licensing so the applicant should be
given an opportunity to rebut the fIndings against him.
Grounds for Denial
· Does not comply with the provisions of the ordinance.
· The applicant is not of "good moral character." A judgment of guilt in a criminal prosecution may
be used as evidence in the determination of moral character if the crime relates directly to the
license the applicant is seeking.
· Granting a license would be a menace to the safety, health, morals, and welfare of the public.
· There has been a material misrepresentation in the application.
Due to Applicant B's misdemeanor conviction, the Council could deny his license request based on the
applicant not being of "good moral character."
Financial Impact
N/A
Attachments
· Exhibit A
Action
Motion by _
Second by _
Vote
Follow Up
s: \ Council \ City Clerk \ Transient\2007\Apex Alarmdoc
1. Daniil Khalilov
2. Alex Adair
3. Thomas Adair
4. Owen Allen
5. Tyler Batty
6. Michael Borrowman
7. Nichole Brereton
8. I<ristopher Clegg
9. Parker Cross
10. Rachelle Dawson
11. Richard Ethington
12. Jonathan Kendall
13. Chris Valenzuela
14. James Litde
15. Alexander Marchant
16. Evan Nixon
17. J Rogers
18. Richard Russell
19. Jacob Schultz
20. Brett Smith
21. Steve Taylor
22. Lance Wallin
23. Elijah Whiting-Radford
24. Stephen Williams
25. Trevor Wood
26. Daniel Liddle
Exhibit A
APX Solicitor's