Agenda - Council - 05/11/1999 - Laserfiche WebLink

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I I I I I I I I$ I I I I I I 10 Subdivision 4 Fee. All applications for a license under this ordinance shall be accompanied by the fee established in the city's fee schedule as adopted from time to time by an ordinance passed by the council. Subdivision 5 Procedure. Upon receipt of the completed application and.payment of the license fee, the city clerk shall forward the application to the council within two (2) regular business days of receipt. An application shall bo determined to be,complete only if all required information is provided. The City Clerk, within two regular business days of receipt, shall determine if the application is complete. If the clerk determines that the application is incomplete, the clerk sbsll inform the applicant of the required necessary information which is missing. The council shall review the application and order any investigation, including background checks, necessary to verify the information provided with the application. Within ten (10) regular business days of receiving the application from the city clerk, the council shall vote whether or not to issue the license. If the council approves the application, the clerk shall be instructed to issue a license to the applicant. If the council "":' ': rejects the application, the applicant shall bo notified in writing of the council's decision, the :..i:.~'-:'?-- reason for the denial, and of his or her fight to appeal the d~nlal by requesting, within twenty (20) days of receiving the council's notice of rejection, a public hearing to be heard by ":i':i: '"' within twenty (20) days of the date of the request. The final decision of the council following '?- the public h.earing shall be appealable bY petitioning the 1V[innesota Court of Appeals for a Writ of Certiorari. [~lol~: In order to protect the applicant's due process rights, the council must act as quickly as possible. A ten to fourteen day turnaround should be reasonable. Longer delays would need justification. In addition, the proper city appeals procedure (to whom must the appeal be made, deadlines and tlmefl'arnes, etc.) should bo set out in the ordln2nce.) Subdivision 6 Duration. An annual license granted under this ordinance shall be valid for one calendar year from the date of issue. All other licenses granted under this ordinance shall be valid only during the time period indicated on the license. (Note: A city'could elect to have ali ann~al licenses expire on a set day.) Section 210 License Exemptions. No license shall be re~ired for any person to sell or attempt to sell, or to take or attempt to take orders for, any product grown, produced, cultivated, or raised on any farm. (Note: The Minnesota State Constitution prohibits the licensing of farmers selling their own products. Casehw prohibits distinguishing between the farmer and any other seller of the farmer's products. A number of cities still attempt to license the non-farmers but they do so at great ri.qk of being challenged in court.) 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 phce-to-phce when such activity is for the purpose of exercising that person's State or Federal Constitutional rights O.e., freedom of speech, press, religion etc.) except that this exemption may be lost if the person's exercise of Constitutional rights is merely incidental to a commercial activity. (Note: The courts have held that a person charging or requesting a small fee for a brochure expressing religious, political, ideological ideas, etc. is exempt but that the same person selling candy or flowers on behalf of an otherwise exempt classification could be subjected to licensing requirements.) Professional fund raisers working on behalf of an otherwise exempt person or group shall not