07-05-2017 Council Packet - Laserfiche WebLink

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Chapter.htm[6/28/2017 4:20:00 PM] or transient merchant; and (n) Transient merchants shall include the addresses of all places where the business is to be located along with written consent of the owners or occupants. (Prior Code, § 612.06) (Ord. 01-89, passed 2-13-1989) (4) Fee. All applications for a license under this chapter shall be accompanied by the fee established by ordinance annually in the city fee schedule, as it may be amended from time to time. (5) Procedure. Upon receipt of the completed application and payment of the license fee, the City Clerk must determine if the application is complete. An application is determined to be complete only if all required information is provided. If the City Clerk determines that the application is incomplete, the City Clerk must inform the applicant of the required or necessary information that is missing. If the application is complete, the City Clerk must order any investigation, including background checks, necessary to verify the information provided with the application. The City Clerk will present the license request to the Council as soon as possible. If there exists grounds for denying the license under § 613.05, the Clerk will present that information to the City Council. If the Council denies the license, the applicant must be notified in writing of the decision, the reason for denial and of the applicant's right to appeal the denial by requesting, within 20 days of receiving notice of rejection, a public hearing before the City Council. The City Council shall hear the appeal within 20 days of the date of the request. (6) License exemptions. (a) No license shall be required of any person going from house-to-house, door-to-door, business-to-business, street-to-street or other type of place-to-place when the activity is for the purpose of exercising that person's state or federal constitutional rights such as the freedom of speech, press, religion and the like, except that this exemption may be lost if the person's exercise of constitutional rights is merely incidental to a commercial activity. (b) Professional fundraisers working on behalf of an otherwise exempt person or group shall not be exempt from the licensing requirements of this chapter. § 613.05 LICENSE INELIGIBILITY. The following shall be grounds for denying a license under this chapter: (1) The failure of the applicant to truthfully provide any of the information requested by the city as part of the application, or the failure to sign the application or the failure to pay the required fee at the time of application; (2) The conviction of the applicant within the past five years from the date of application for any violation of any federal or state statute or regulation, or of any local ordinance, which adversely reflects on the person's ability to conduct the business for which the license is being sought in an honest and legal manner. Those violations shall include but not be limited to burglary, theft, larceny, swindling, fraud, unlawful business practices and any form of actual or threatened physical harm against another person; (3) The revocation within the past five years of any license issued to the applicant for the purpose of conducting business as a peddler, solicitor or transient merchant; and (4) The applicant is found to have a bad business reputation. Evidence of a bad business reputation shall include, but not be limited to, the existence of more than three complaints against the applicant with the Better Business Bureau, the Attorney General's office or other similar business or consumer rights office or agency, within the preceding 12 months.