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Item 07B PH – Solicitor License Appeal Page 2 e. A conviction within the past five (5) years of the date of application for any violation of any federal or state statute or regulation, or of any local ordinance, which adversely reflects upon the person’s ability to conduct the business for which the permit is being sought in a professional, honest and legal manner. Such violations shall include, but are not limited to, burglary, theft, larceny, swindling, fraud, unlawful business practices, and any form of actual or threatened physical harm against another person. (Added, Ord. 834, 10-10-09) Mr. Hill’s convictions are dated in 2009, and both convictions are about one (1) month apart. According to the BCA’s Minnesota Public Criminal History, Mr. Hill damaged property (conviction: March 19, 2009), and gave police officers fraudulent information by giving a false name (conviction: April 20, 2009). The Police Chief denied the solicitor license application under the grounds that the presence of these convictions during the past five (5) years is considered a disqualification for a solicitor license under City Code §504.04(e). Attached is Mr. Hill’s Minnesota Public Criminal History for your reference. This attached criminal history is considered public data. Mr. Hill submitted a letter to the City explaining his actions in 2009. In his letter, he regrets his past actions. Attached is Mr. Hill’s letter for your reference. Mr. Hill’s manager, Tony Strouth of Window Concepts of Minnesota, spoke to the Police Chief, and asked the Police Chief to reconsider his decision. Mr. Strouth stated to the Police Chief that Windows Concepts of Minnesota has a Certificate of Liability Insurance (attached) that protects property owners of employee dishonesty at $5,000 per crime. Although this insurance may be a great protection for the residents of Mounds View, Staff felt that the combination of the convictions within five (5) years, and the conviction of giving Police Officers a false name would continue to be a disqualification under the City Code, regardless of the insurance certificate. Staff contacted Mr. Strouth of Mr. Hill’s rights under the City Code to appeal the decision of Mr. Hill’s solicitor license. Under §504.11, of the City Code: 504.11: APPEALS: Any person aggrieved by the action of the Chief of Police or the City Administrator in the denial, revocation, or suspension of a permit as provided in Sections 504.05 and 504.07 of this Chapter may appeal to the Council. Such appeal shall be taken by filing with the Council within fourteen (14) days after notice of the action complained of by a written statement setting forth fully the grounds for the appeal. The Council shall set a time and place for a hearing on such appeal within twenty (20) days, and notice of such hearing shall be given to the appellant in the same manner as provided in Section 504.07 of this Chapter for notice of hearing on revocation. (1988 Code §110.13) (Amended, Ord. 834, 10-10-09; Ord. 844, 5-20-10)