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HomeMy WebLinkAbout2021-095 Council ResolutionCITY OF LINO LAKES RESOLUTION NO, 21-95 RESOLUTION DENYING AN APPLICATION FOR TRANSIENT MERCHANT/PEDDLER LICENSE FOR JOSHUA'S PEST CONTROL WHEREAS, the City received an application for a Transient Merchant/Peddler's License for Moxie Services Minnesota LLC, DBA Joshua's Pest Control; and WHEREAS, the Lino Lalces Public Safety Department has conducted a background check on the applicant; and WHEREAS, the City Clerk's office has completed a review of the application; Based on the record before it, the City Council of the City of Lino Lakes hereby finds the following: FINDINGS Lino Lalces City Code, Section 613.05, Subd. 3 & 4 as follows: • (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. BASED ON THESE FINDINGS, the City Council hereby denies the application of Dayne Schouten, Moxie Services Minnesota LLD, DBA Joshua's Pest Control. Adopted by the Council of the City of Lino Lalces this 13rd day of September, 2021. The motion for the adoption of the foregoing resolution was introduced by Councilmember Lyden and was duly seconded by Councilmember Cavegn and upon vote being taken thereon, the following voted in favor thereof: Stoesz, Cavegn, Lyden, Rafferty The following voted against same: None (Absent - Ruhland) ATTEST: � Julianne Bartell, City Clerk STAFF ORIGINATOR MEETING DATE: TOPIC: VOTE REQUIRED: INTRODUCTION CITY COUNCIL AGENDA ITEM 3A Lisa Hogstad-Osterhues, City Clerk September 13, 2021 Consider Resolution No. 21-95, Denying an Application for Transient Merchant/Peddler's License for Moxie Services Minnesota LLC, DBA Joshua's Pest Control 3/5 City Code, Chapter 613, regulates transient merchant, peddler, canvasser and solicitor license. The City has received the following application: - Application for Transient Merchant/Peddler's License from Dayne Schouten, Moxie Services Minnesota LLD, DBA Joshua's Pest Control. f:���l KIiZ�111►17 The license application was reviewed by the City Clerk's office in regard to information required for issuance and other City requirements. A background investigation on the applicant was conducted by the public safety department. RECOMMENDATION Based on the findings of the review and the background investigation, staff is recommending that the City Council consider Resolution No. 21-95, denying the application for Transient Merchant/Peddler's License for Dayne Schouten, Moxie Services Minnesota LLD, DBA Joshua's Pest Control. ATTACHMENTS Denial Letter BBB Findings City of Big Lake Revocation of Peddler License Resolution No. 21-95 Lino Lakes City Code, Section 613.01 4� C September 2, 2021 F Dayne Schouten Moxie Services Minnesota LLC DBA, Joshua's Pest Control 771 Harding Street NE Suite 150 Minneapolis, MN 55413 Dear Mr. Schouten, Please be informed that the City of Lino Lakes has received your application for a Transient Merchant/Peddler License, The Lino Lakes Public Safety Department performed the background investigation for Moxie Services Minnesota LLC/DBA Joshua's Pest Control and found it to be in non-compliance with the City of Lino Lakes Code Section 613.05, Therefore, your request will be recommended for denial at the September 13, 2021 City Council meeting as outlined below. • 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 • The applicant is found to have a bad business 1eputation. 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. Your check in the amount of $355.00 is enclosed. If you have any questions, please feel free to contact me. Sincerely, Lisa Hogstad-Osterhues Deputy City Clerk G00 Town Center Parkway, Lino Lakes, MN 55014 Phone: G51-982-2400 Fax: G51-982-2499 Joshua's Pest Control This business is not BBB Accredited Years in Business: 6 BBB Rating Customer Reviews are not used in the calculation of BBB Rating Contact Information 771 Harding St NE Ste 140 Minneapolis, MN 55413 http://www.joshuasnesteontrol.com Email this Business (612) 474-2288 Customer Reviews 1.38/5 All customer reviews are handled by the BBB where the company is Headquartered or a central customer review processing location. Avera e of 21 Customer Reviews Customer Complaints Summary 21 total complaints in the last 3 years of those, 15 complaints were closed in last 12 months Complaint Type Advertising/Sales 5 Billing/Collections 4 Delivery Issues 1 Guarantee/Warranty 1 Problem with a Product or Service 10 Totals 21 21 Complaints Show Complaint Type: Billing/Collection Issues Status: Answered OS/24/2021 A salesman for the company stopped by while I was out and spoke to my elderly and confused father. They ended up calling me and offering service. I told them I was busy. They said if I wanted a service that day they would give me a $99 treatment. They told me later that they did not do the interior since we were currently moving and that they would return. And they would contact me in the future for quarterly services. We began having a big problem with bites to the kids so I called them to have the interior sprayed. They charged me $149 for the treatment. It was supposed to be free since they did not complete the first treatment. In addition they said if I have them come quarterly they will return for free in between if there is a problem. When I contacted them they refused to reverse the charge, less than thirty days from the original incomplete service. I told them I would not have them back out and they have since called and emailed me to let me know there is a cancellation fee. Response 08/25/2021 We request the customer calls or emails us to discuss these concerns further, please just aslc for ***** The allegation that services were sold to her father who is unable to understand the agreement is extremely serious and we would like to investigate this further. We have a service agreement with *** not her father. We need clarification on if this is a situation where her father signed up on her behalf, the signed service agreement has been attached for review. Interior services and reservices between regular maintenance services are always free. The only services scheduled for this customer's home were regular maintenance services, on the schedule shown in the signed agreement. The first two services are spaced 4 to 6 weeks apart to break down pest breeding cycles, then proceed on a quarterly maintenance schedule. The customer received a discount in exchange for agreeing to a year's worth of maintenance service. This agreement is contingent on the customer reimbursing us for this discount if they do not follow through with the year's worth of maintenance services. This is the "cancellation" fee the customer is referring to, and was waived by us prior to the submission of this complaint. It is always our goal to part ways on good terms, we urge the customer to call or email us to discuss their concerns with our manager, * * * * * Customer Response 08/26/2021 9e�ek xx$e*eke kk 9ea'c �etF�Y�'ek�e9e9e �9e** �e�e�c�9c9e *� 9e 9c��**� �ek� 9e9e��F �:O:F�e �nF � �at'ot'9e�9e ��� x�'e� �cxic xicxr.xxxr.r. **� 9e:�:k9:9e9ed:*k �e-!e x* :F:k9t�*9e cede �x�enYx*�Y:k ���x x�xxxxxxnF xxnF� �* *��Y��'e* ache denk***nk* 9e9e9cr.r.r.�r.icr. x*�F���F-Jex�e�e de�k�de�eJe9e I am rejecting this response because: I was not home so they have no contract with me. I agreed to the initial service only, no commitment. They were pushy to perform the initial service. I called to complete the first service not to request a second. They ask for me to contact them but I did so immediately upon seeing the charge and they had no interest in resolving this until I filed with the BBB. ****************** Complaint Type: Problems with Product/Service Status: Answered 08/16/2021 On Saturday August 13th an unsolicited girl on a Segway came up to my house offering professional extermination services for $99.00. She said it was a deal because they were in our neighborhood. I agreed to the service and signed the form on her IPAD. I explained we have a issue with bugs in kitchen and I'd been spraying and spraying but they continue to come back. She said the service was familiar with this type of situation, and said they would spray in baseboards because that is where they hide. The "service" came today. It was one girl with a bottle of spray. It was obvious she did not know what she was doing. She sprayed a few times around the refrigerator and I had to tell her where to spray and to spray the baseboards. I then pulled up the fraudulent agreement -it is not $99.00, is a year contract they're trying to hook me into. I called, text, and emailed the company saying I wanted to cancel. Response 08/17/2021 We apologize that you have had a bad experience, and want more details on what happened. We've been trying to contact you regarding your concerns unsuccessfully - it looks like we have had the wrong email on file *************************** and haven't been able to reach via call. Dale will be reaching out to go over the situation shortly. It does look like you were billed incorrectly, so the charge from 8/16/21 has been reversed and should reflect on your account in 3-5 business days. Complaint Type: Advertising/Sales Issues Status: Resolved 07/19/2021 A sales person came to our house when I was at work told my husband who has early dementia that his wife sent him. told my husband that I wanted service and had him get his debit card to pay for the first service. I have 5 dogs and would never spray pesticides around them. I called right away and they said they would cancel and not take money from his account but they did. I am going to call them again tomorrow but from reading the reviews I doubt we will have much luck. Basically they scammed a senior with a medical issue Response 07/22/2021 We take an accusation like this very seriously. Whenn reviewing this person's account - it appears they had never Customer Response 07/22/2021 [A default letter is provided here which indicates your acceptance of the business's response. If you wish, you may update it before sending it.] Better Business Bureau: I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution is satisfactory to me. Regards, ****** **** Complaint Type: Problems with Product/Service Status: Answered 06/07/2021 A salesman came to my door offering me services for $90. I was under the impression this was a one time service. After signing the paper contract, I found out through reading the fine print on the website that this was a recurring charge, not a one time thing. When I tried to cancel, I was informed that since it was past 24hrs of me signing, and I would be breaking the contract. I feel as though I was scammed. Response 06/14/2021 We'd really appreciate a call or email from this customer so we can get more feedback and investigate his concerns further, our goal is always to part ways on good terms - just call and ask for There was a $210.00 discount given to the customer on their initial flushout service in exchange for signing up for a year's worth of service, the customer requested to cancel about 3 weeks after this service was performed. Her original complaint from July 2020 is that she thought the quarterly service would be cheaper, not that she believed it was a one-time only service. No service was priced at $90 like mentioned, the first service was $29, and subsequent services were $119. Our agreement is that this discount be returned to us if the service subscription is cancelled before a year's worth of services are performed. We take several steps to prevent misunderstandings regarding our service agreement, including: We've verified that the agreement cannot be presented to a customer in a way that does not disclose cost, or that it is a 12 month agreement. (For example, the agreement cannot be zoomed in on an iPad to show only the signature line, and directly above the signature line we've noted in bold "This agreement is for an initial period of 12 months.") We send the customer copies of their agreement for review before starting services We emailed a copy of this customer's agreement to the email address provided, a day before services began We texted a link to this consumer's agreement to the number she provided, * * * Complaint Type: Billing/Collection Issues Status: Resolved OS/01/2021 I had Joshuas pest service since mid 2020 but recently attempted to cancel service due to sale of property. I contacted Joshua's on at least four occasions to cancel service and was always told that only a supervisor could cancel but that none was available and they would call me. No calls were ever returned. I then sent multiple inquiries via email also with no response and finally deleted my payment info and disallowed any further charges. Joshuas however continues to send me bills and refuses to cancel and close my account. Response OS/03/2021 This customer's account with us was cancelled on 4/10/2021. We left the customer several voicemails and apologize for the game of phone tag, we certainly do not want her to think her request was ignored. 05/03/2021 [To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed as Assumed Answered] Complaint: ******** I am rejecting this response because: The account is still active on the web portal and I received a bill as recently as May 1st so I am not confident that the account is actually closed. Pardon my skepticism but after repeated calls to the contact center and commitments for a supervisor to call me back, I've received no call backs and continued to have bills arrive. Attached is the copy of the email from Joshua's on May 1 st asking for payment so if the account was closed on April 21 st, why are billing requests continuing? Additionally, I am also including a screen shot of the account details which show my email and phone number are both accurate and up to date in Joshua's system. If repeated attempts to contact me have been made, then Im at a loss as to why no voicemail was ever left. Bottom line... I need some evidence of account closure to be confident that at some point I wont be dealing with derogatory reports to my credit. Regards, ***** ****** Response 05/04/2021 Attached are screenshots from our customer service system showing the account is frozen, the balance is $0, and a few shots of outbound call attempts from our phone system. Please let me know if this suffices and if there is anything else we can provide to you that would put you at ease that your account with us has been 05/04/2021 [A default letter is provided here which indicates your acceptance of the business's response. If you wish, you may update it before sending it.] Better Business Bureau: I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution is satisfactory to me. Regards, ***** ****** omplainTy Ct pe: Problems with Product/Service Status: Answered 04/29/2021 I had a year contract of termite treatment with Josuha's pest control. I paid $160 for installment the bait and I was heard they would come and cheek every 3-6months but nobody visited the site for a year. I did not want to renew my contract due to the quality of service and the teller said they will take termite treatment bait out from my house. I already paid for that a year ago. I want them to refund $160 if they take termite treatment bait out or leave the termite treatment bait. Response 04/29/2021 It is standard and effective to check Sentricon bait stations annually, it is a best practice to disturb the stations minimally so that the pests are not deterred from feeding. We reviewed this with the customer at the time he agreed to the service and are attaching a copy of his signed service agreement. The disputed $160 charge from July 2020 was not actually for the customer's termite service, he had another subscription for general pests, we are attaching a copy of this service agreement also. Customer Response 04/29/2021 I added the wrong receipt. That was mosquito control and I cancelled right after a month later because the service was not effective. Termite control was $300 and I paid in full last year for 2 year contract. You guys pulled out termite stations I installed before you guys started. You need to put it back. I paid it. [To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed as Assumed Answered] Complaint: ******** I am rejecting this response because: Regards, ******* **** Response OS/04/2021 We request that the customer gives our office and call and requests to speak to our manager, **** to clear up any confusion. The termite stations are owned by ******* ***********. They were pulled from the ground due to non-payment . The service for the stations is ongoing and servicing the stations is what we charge for - we do not own the stations and cannot Give them to the customer. Customer Respoi 05/04/2021 [To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed as Assumed Answered] I am rejecting this response because: Regards, ******* **** $300 was paid in full last year for 2year and I did not want to extend. You guys need to leave until the contract ends or refund the rest of the period. You guys pulled some of stations I installed prior you. June 30, 2021 Moxie Services, LLC Dba: Joshua's Pest Control 771 Harding Street NE, 4150 Minneapolis, MN 55413 RE: SOLICITOR LICENSE DENIAL NOTICE In May of 2020, a call for service complaint was received by the Big Lake Police Department regarding obscene behavior by a representative of Moxie Services, LLC dba Joshua's pest control. The action resulted in a citation for public nuisance, and the revocation of Moxie LLC's solicitor license for violating City ordinance. The City code states that the City has the right to deny solicitor licenses due to "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," Due to this incident and subsequent revocation of the solicitor license, we are denying Moxie Services' request for a solicitor license. You have the right to appeal this process by requesting a public hearing of the City Council of the City of Big Lake within 10 regular business days of receiving this notice, If requested, the City Council would schedule a public hearing to hear the appeal within 20 days of the request. Sincerely, Clay ilfahrt Cit Administr for Chi F of Big Lake Cc; Dayne Schouten, Joshua's Pest Control 160 LAf<E STREET NORTH o BIG LAKE, MINNESOTA 55309 o PHONE (763) 263-2107 m FAX (763) 263.0133 CHAPTER 613A TRANSIENT MERCHANT, PEDDLER, CANVASSER AND SOLICITOR Section 613.01 Definitions 613.02 Exceptions to definitions 613.03 Religious and charitable organizations 613.04 Licensing; exemptions 613.05 License ineligibility 613.06 License suspension and revocation 613.07 License transferability 613.08 Prohibited activities 613.09 Penalties § 613.01 DEFINITIONS. For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. PEDDLER. A person who goes from house -to -house, door-to-door, business -to -business, street -to -street or any other type of place -to -place, for the purpose of offering for sale, displaying or exposing for sale, selling or attempting to sell and delivering immediately upon sale, the goods, wares, products, merchandise or other personal property that the person is carrying or otherwise transporting. The term PEDDLER shall mean the same as the term hawker. PERSON. Any natural individual, group, organization, corporation, partnership or association. As applied to groups, organizations, corporations, partnerships and associations, the terms shall include each member, officer, partner, associate, agent or employee. SOLICITOR. A person who goes from house -to -house, door-to-door, business -to -business, street -to -street, or any other type of place -to -place, for the purpose of obtaining or attempting to obtain orders for goods, wares, products, merchandise, other personal property or services of which he or she may be carrying or transporting samples, or that may be described in a catalog or by other means, and for which delivery or performance shall occur at a later time. The absence of samples or catalogs shall not remove a person from the scope of this provision if the actual purpose of the person's activity is to obtain or attempt to obtain orders as discussed above. The term shall mean the same as the term canvasser. TRANSIENT MERCHANT. Any person whose business in the city is temporary or seasonal and consists of selling and delivering merchandise within the city, and who in furtherance of the purpose uses or occupies any structure, vehicle or other place for the exhibition and sale of the merchandise. (Prior Code, § 612.01) (Ord. 01-89, passed 2-13-1989) § 613.02 EXCEPTIONS TO DEFINITIONS. (1) For the purpose of this chapter, the terms peddler, solicitor and transient merchant shall not apply to the following: (a) Persons doing business by appointment; (b) Persons selling or attempting to sell at wholesale their goods, wares, products or merchandise to retail, wholesale, professional or industrial establishments; (c) Persons conducting the type of sales commonly known as garage sales, rummage sales or estate sales, as well as anyone conducting an auction as a properly licensed auctioneer or any officer of the court conducting a court -ordered sale; (d) No licenses shall be required for vendors as a preliminary step to the establishment of a regular route service for the sale and delivery of commodities or the providing of services to regular customers; and (e) School aged children selling items for fund raisers. (f) Persons selling only farm products they have grown themselves. (2) Exception from the definitions for the scope of this chapter shall not excuse any person from complying with any other applicable statutory provision or local ordinance. (Prior Code, § 612.03) (Ord. 01-89, passed 2-13-1989; Am. Ord. 01-11, passed 1-24-2011) § 613.03 RELIGIOUS AND CHARITABLE ORGANIZATIONS. (1) Any organization, society, association or corporation desiring to solicit or have solicited in its name money, donations of money or property or financial assistance of any kind or desiring to sell or distribute any item of literature or merchandise for which a fee is charged or solicited from persons other than members of the organizations upon the streets, in office or business buildings, by house to house canvass or in public places for a charitable, religious, patriotic, philanthropic or otherwise non-profit purpose shall be exempt from § 613.04 of this chapter, provided a sworn application in writing on a form furnished by the city is filed which shall include the following information: (a) Name and purpose of the cause for which the license is sought; (b) Names and addresses of the officers and/or directors of the organization; (c) The period during which the solicitation is to be carried on; and (d) Whether or not any commission, fee, wages or emoluments are to be expended in connection with the solicitation. (2) Upon the foregoing being satisfied, the organization, association or corporation shall furnish all its members, agents or representatives conducting the solicitation credentials in writing stating the name of the organization, name of the agent and the purpose of the solicitation. The credentials shall be kept on the person of the members, agents or representatives during the actual solicitation and be presented to anyone requesting to see same. (Prior Code, § 612.04) (Ord. 01-89, passed 2-13-1989) § 613.04 LICENSING; EXEMPTIONS. (1) County license required. No person shall conduct business as a peddler, solicitor or transient merchant within the city limits without first having obtained the appropriate license from the county as required by M.S. Ch. 329, as it may be amended from time to time, if the county issues a license for the activity. (2) City license required. Except as otherwise provided for by this chapter, no person shall conduct business as either a peddler, solicitor or transient merchant without first having obtained a license from the city. The license period will be no longer than six months from the date of issuance. A single license may be issued to a company covering its employees or agents as long as an application, as described herein, is completed, for each individual person operating in the city. (3) Application. Application for a city license to conduct business as a peddler, transient merchant or solicitor shall be made at least ten regular business days before the applicant desires to begin conducting business on an application form available from the office of the City Clerk. All applications shall be signed by the applicant and shall include the following information: (a) Applicant's full legal name, name of business and applicant's current position; (b) All other names under which the applicant conducts business or to which applicant officially answers; (c) Applicant's permanent home and business address as well as a local address for correspondence; (d) Any and all business related telephone numbers, including a number where the applicant can be reached while conducting business in the city; (e) A brief written description of the nature of the business, the goods to be sold and the applicant's method of operation; (f) A brief statement of the nature, character and content of the advertising done or proposed to be done in order to attract customers (samples may be requested); (g) Full legal name of any and all business operations owned, managed or operated by applicant, or for which the applicant is an employee or agent; (h) The length of time which the applicant intends to do business in the city with the approximate dates; (i) A statement as to whether or not the applicant or the person managing the business activities has been convicted within the last five years of any felony, gross misdemeanor or misdemeanor for violation of any state or federal statute or any local ordinance, other than traffic offenses; 0) The applicant's driver's license number or other acceptable form of identification. (k) If a vehicle is to be used, a description of the same together with license number or other means of identification; (I) A photograph of the applicant, taken within 60 days immediately prior to the date of filing of the application, which picture shall be two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner; (m) A list of the three most recent locations where the applicant has conducted business as a peddler, solicitor 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-toAoor, 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. § 613.06 LICENSE SUSPENSION AND REVOCATION. (1) Generally. Any license issued under this section may be suspended or revoked at the discretion of the City Council for violation of any of the following: (a) Fraud, misrepresentation or incorrect statements on the application form; (b) Fraud, misrepresentation or false statements made during the course of the licensed activity; (c) Conviction of any offense for which granting of a license could have been denied under §613.05; and (d) Violation of any provision of this chapter. (2) Multiple persons under one license. The suspension or revocation of any license issued for the purpose of authorizing multiple persons to conduct business as peddlers or transient merchants on behalf of the licensee shall serve as a suspension or revocation of each authorized person's authority to conduct business as a peddler or transient merchant on behalf of the licensee whose license is suspended or revoked. (3) Notice. Prior to revoking or suspending any license issued under this chapter, the city shall provide the license holder with written notice of the alleged violations and inform the licensee of his or her right to a hearing on the alleged violation. Notice shall be delivered in person or by mail to the local address given on the application. (4) Public hearing. Upon receiving the notice provided in division (3) of this section, the licensee shall have the right to request a public hearing. If no request for a hearing is received by the City Clerk within ten regular business days following the service of the notice, the city may proceed with the suspension or revocation. For the purpose of mailed notices, service shall be considered complete as of the date the notice is placed in the mail. If a public hearing is requested within the stated time frame, a hearing shall be scheduled within 20 days from the date of the request. Within three regular business days of the hearing, the City Council shall notify the licensee of its decision. (5) Emergency. If, in the discretion of the City Council, imminent harm to the health or safety of the public may occur because of the actions of a peddler or transient merchant licensed under this chapter, the City Council may immediately suspend the person's license and provide notice of the right to hold a subsequent public hearing as prescribed in division (4) of this section. § 613.07 LICENSE TRANSFERABILITY. No license issued under this chapter shall be transferred to any person other than the person to whom the license was issued. § 613.08 PROHIBITED ACTIVITIES. (1) Sell or solicit before the hour of 9:00 a.m. or after one-half hour past sunset unless a previous appointment has been made. (2) Enter or conduct business upon any premise where a sign or plaque is conspicuously posted stating in effect that no peddlers or solicitors are allowed. The signs shall have letters a minimum of one-half inch high. (3) Occupy for the purpose of advertising and/or conducting business any area within a sight triangle, at any road intersection. (4) Occupy as a transient merchant, solicitor or peddler, any public right-of-way or other public property for the purpose of advertising and/or conducting business. (5) Obstruct the free flow of either vehicular or pedestrian traffic on any street, alley, sidewalk or other public right of way. (6) Conduct business in a way as to create a threat to the health, safety and welfare of any individual or the general public. (7) Call attention to business or items to be sold by means of blowing any horn or whistle, ringing any bell, crying out or by any other noise, so as to be unreasonably audible within an enclosed structure. (8) Failing to provide proof of license and identification, when requested. (9) Making false or misleading statements about the product or service being sold, including untrue statements of endorsement. No peddler, solicitor or transient merchant shall claim to have the endorsement of the city solely based on the city having issued a license or registration to that person. (10) Remaining on the property of another when requested to leave or to otherwise conduct business in a manner a reasonable person would find obscene, threatening, intimidating or abusive. § 613.09 PENALTIES. Whoever does any act forbidden by this chapter or omits or fails to do any act required by this chapter shall be guilty of a misdemeanor and subject to all penalties provided for under Minnesota law.