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City Council Regular Meeting Minutes 0$ June 8, 2004 Page 8 1 a) Upon receipt of each application, it shall be referred to the Chief of Police who shall 2 immediately institute such investigation of the applicant's business and moral 3 character as he/she deems necessary including, but not limited to, a criminal history 4 and a wanted person's check with the Bureau of Criminal Apprehension for the 5 protection of the public good. Each applicant and agent of the applicant must sign an 6 "Informed Consent"acknowledging the reason for which the criminal background is 7 being completed. 8 9 b) If as a result of such investigation, the applicant's business and moral character are 10 found to be unsatisfactory, the Chief of Police shall endorse on such application 11 his/her disapproval and his/her reasons for the same, and return the application to the 12 city clerk,who shall notify the applicant that his/her application is disapproved and 13 that no permit shall be issued. Any applicant's business and moral character may be 14 found to be unsatisfactory for reasons including, but not solely limited to: 15 1. Fraud, misrepresentation, or incorrect statement contained in the application 16 for permit. 17 2. Past fraud, misrepresentation, or incorrect statement made in the course of 18 carrying on business as a solicitor, canvasser,peddler, transient merchant, 19 itinerant merchant or itinerant vendor. 20 3. Past conviction of any crime or,misdemeanor involving fraud, theft or moral 21 turpitude. 22 4. Conducting the business of a peddler, solicitor, transient merchant, itinerant 23 merchant or itinerant vendor, as the case may have been, in an unlawful 24 manner or in such a manner as to constitute a breach of peace or to constitute 25 a menace to health, safety or general welfare of the public. 26 27 c) If as a result of such investigation, the business and moral character of the applicant 28 are found to be satisfactory, the Chief of Police shall endorse on the application 29 his/her approval and return the application to the City Clerk, who shall deliver the 30 permit to the applicant. Each peddler, solicitor, or transient merchant must secure a 31 personal permit. Each person issued a permit must carry it on his/her person while 32 conducting or engaging in any activities regulated hereunder. No permit shall be used 33 at any time by any person other than the one to whom it is issued. 34 35 I believe that by adding the aforementioned verbiage to the city ordinances, we would be able to 36 continue to lawfully check the backgrounds of individuals wishing to solicit within our corporate 37 city limits. 38 39 For ease of addition to our ordinances, this addition could be put into the ordinance under 40 1130.12. 41 42 While waiting for the adoption of this addition to our ordinance, I would suggest that we have 43 individual applicants sign release forms indicating that we will, in fact, as a part of their 44 application process, complete criminal history checks with the Bureau of Criminal Apprehension 45 to assess the public safety risks associated with allowing a particular applicant to solicit within 46 our corporate city limits. 47