01/05/2009 Council Packet - Laserfiche WebLink

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Transient Merchant, Peddler, Canvasser and Solicitor 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. MAINTAINS THE CURRENT PROCESS OF PRESENTING LICENSE REQUESTS TO THE CITY COUNCIL FOR APPROVAL; INCLUDES APPEAL PROCESS FOR DENIAL (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. NEW LANGUAGE FROM THE LMC MODEL CODE; PREVIOUS CODE DIDN'T DEAL WITH THIS ISSUE SO HOW TO HANDLE A RELIGIOUS GROUP (JEHOVAH'S WITNESSES, ETC) WAS UNCLEAR 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 APPLICATION- LICENSE INELIGIBILITY (1) The following shall be grounds for denying a license under this chapter: a) 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. b) 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. c) 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 •