08-07-2017 Council Packet - Laserfiche WebLink

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RELEVANT LINKS: League of Minnesota Cities Information Memo: 1/4/2016 Regulating Peddlers, Solicitors and Transient Merchants Page 20 Handbook, Chapter 11. The ordinance gives authority and guidance on the procedural matters involved. An ordinance should provide: •Who investigates the applicants. •Who decides whether an applicant is qualified. •What procedural rights exist in the case of denial, suspension, or revocation. When background checks are a required part of the process, there must be a demonstrable link between the inquiry and the ultimate goal of crime and fraud prevention and other general safety concerns. It is a good idea to make findings (statements of fact) when adopting the ordinance, establishing the crime and fraud problems requiring this action, and also ensuring that the background check’s results are considered when making licensing decisions. See Peddlers, Solicitors and Transient Merchants, LMC Model Ordinance. With city licensing, time is always of the essence. Licenses should be issued as soon as reasonably possible, taking into account that applicant review takes time. To balance city and applicant needs, an ordinance should provide: •The actual amount of time city staff has to determine if the submitted application was completed in full (two days). •Licenses will be issued or denied within a specific period of time (within 10 regular business days). •Rights to appeal the decision, either through city or district court, within so many days of receipt of written denial (20 days of receipt). The timeframes provided should be clearly established within the ordinance and followed by city staff and elected officials. Handbook, Chapter 11. The background check determines whether an applicant can satisfy the personal requirements for obtaining a peddler or transient merchant’s license. Disqualifying factors could include: See Peddlers, Solicitors and Transient Merchants, LMC Model Ordinance. •Failure to obtain a county license (when applicable). •Application was not completed truthfully. •Applicant has a record of criminal convictions related to the sale of goods, such as larceny, theft, or fraud. •Revocation of license elsewhere. •Bad business reputation. The prerequisites used must be valid, applied consistently, and able to withstand challenge.