2009.12.07 ORD 2009-436 - Laserfiche WebLink

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Ordinance 2009-436 Peddlers, Solicitors and Transient Merchants Page 5 of 7 (11) A non refundable fee as established by the City's fee schedule. Sec. 58-33. Investigation and issuance of permit. (1) Upon receipt of the application and payment of the license fee, the city clerk will, within 5 regular business days, determine if the application is complete. An application will be considered complete 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, 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. Within 10 regular business days of receiving a complete application the city clerk must issue the license unless grounds exist for denying the license application under Section 58-34, in which case the clerk must deny the request for a city peddler or transient merchant license. If the city clerk denies the license application, the applicant must be notified in writing of the decision, the reason for denial and the applicant's right to appeal the denial by requesting, within 20 days of receiving notice of rejection, a hearing before the City Council. The City Council shall hear the appeal within 20 days of the date of the request for a hearing. The decision of the City Council following the hearing can be appealed by petitioning the Minnesota Court of Appeals for a writ of certiorari. (2) All transient merchants that are issued a permit shall agree to keep the site in a clean and neat condition at all times. The applicant shall also agree to restore the property to its original condition following the sale and their exiting of the property. Sec. 58-34. Permit Ineligibility. The following shall be grounds for denying a peddler, solicitor or transient merchant license: (A) The failure of an applicant to obtain and demonstrate proof of having obtained any required state or county license. (B) The failure of an applicant to truthfully provide any information requested by the city as part of the application process. (C) The failure of an applicant to sign the permit application. (D) The failure of an applicant to pay the required fee at the time of application. (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 license 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. 5