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

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./ $~lxlivision 4 Awe. als. Any person whose license is suspended or revoked under this section shall have the right to appeal that decision in court. Section 240 Transferability. No license issued under this ordinance shall be transferred to any person other than the person to whom the license was issued .... Section 300 Re/istration. All solicitors, and any person exempt from the licensing · requirements of thi~ ordinance under Section 210, sh~11 be required to register with the city. RegisUafion shall be made on the same form required for a license application, but no fee sha_!l be required. ImmecJlstely upon completion of the registration form, the City Clerk shs11 · issue to the registrant a Certificate of Registration as proof of the registration. Certificates of Registration shslt be non-transferable. _fNote: The courts have made it clear that a city esn,ot require formal licensing of solicitors involved in interstate commerce, nor of anyone exercising Constitutional rights. They have, however, indicated a wlmngaess to allow ~.~.:~ registration so long as the proceflm'e is simple, no fee is involved: and the fim. e involvedzs~.' :~',i:.i~!i;!::.,':':'~'':''' · minimal.. Cities may want to eonsider this option because it prowdes them w~th a m_~,s or.. knowing who is conducting business within the city and how to contact the person sho,_,!d · :i ~.-..: *:.. residents have complaints about the person's conduct or product. The licensing of solicitors' :!)'~,!~;..'.....' not involved in interstate commerce would otherwise be allowable, but the Minnesota casehw' ~ ' finding it to be arbitrary and capricious ::to enforce different requirements for different people conducting the same activity, makes it doubtful that such a requirement could be enforced here.) Section 400 Prohibited Activities. No peddler, solicitor, or transient merchant sb:~11 conduct business in any of the following manners: A. Calling attention to his or her 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. B. Obstructing the free flow of either vehicular or pedestrian traffic on any street, · alley, sidewalk, or other public right-of-way. C. Conducting business in such a way as to create a threat to the health, safety, and welfare of any individual or the general public. D. Conducting business before seven o'clock in the morning (7:00'a.m.), or after nine o'clock at night (9:00 p.m.). _(Note: A city may set reasonable hours for sales. Any time restriction, however, must allow reasonabIe access to persons during non- traditional workday hours. Courts have struck down restrictions ~im~ting sales to the hours of 8:00 a.m, and 6:00 p.m. because such a restriction precludes reasonable access to the general work-lng population.) E. Fzillng to provide proof of license or registration, and identification, when requested; or using the license or registration of another person. I I I I I I I