Agenda - Council - 05/09/2017 - Laserfiche WebLink

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(b) Any applicant may be found to be unsatisfactory for reasons including, but not solely limited to: (1) Fraud, misrepresentation or incorrect statement contained in the application for permit (2) Past fraud, misrepresentation or incorrect statement made in the course of carrying on a business as a solicitor, canvasser, peddler, transient merchant, itinerant merchant, or itinerant vendor. (3) Past conviction of any crime or misdemeanor involving fraud, theft, or moral turpitude, or any crime of violence as defined in Minn. Stats. 624.713 (the definition is actually in 624.712, subd. 5 - that portion is attached) The police chief must comply with the provisions of Minn. Stats. ch. 364 if the recommendation for denial is based in whole or in part upon prior criminal convictions. (Minn. stats. ch. 364 is attached). Mr. Jahnke was informed of Chief Katers' recommendation of denial and he has requested, in writing, to appeal this decision before the City Council at this meeting. (Mr. Jahnke's request is attached) City Code Sec. 26-590 - Appeal - states that any person aggrieved by the denial/revocation of a license may appeal to the city council. Mr. Jahnke will be in attendance to present his appeal and Chief Katers will be present to answer any questions Council may have. Notification: Mr. Aaron Jahnke has been notified that he will be on the agenda for this evening Observations/Alternatives: Under the City's Code, we do not haveto deny the license based on the background check, but we do have the authority to do so. State Statute says the following: No disqualification from licensed occupations. Notwithstanding any other provision of law to the contrary, no person shall be disqualified from pursuing, practicing, or engaging in any occupation for which a license is required solely or in part because of a prior conviction of a crime or crimes, unless the crime or crimes for which convicted directly relate to the position of employment sought or the occupation for which the license is sought. The statute also talks about evidence of rehabilitation. It says: A person who has been convicted of a crime or crimes which directly relate to the public employment sought or to the occupation for which a license is sought shall not be disqualified from the employment or occupation if the person can show competent evidence of sufficient rehabilitation and present fitness to perform the duties of the public employment sought or the occupation for which the license is sought. Some of the criteria listed is: evidence showing that at least one year has elapsed since release from any local, state, or federal correctional institution without subsequent conviction of a crime; and evidence showing compliance with all terms and conditions of probation or parole. According to this Statute, consideration should also be given to the age of the person at the time the crime was committed - and the length of time elapsed since the crime was committed. (MN Statute 364.03 is attached) Mr. Jahnke's crime / conviction was in 1996 - 21 years ago. Records indicate that he was fined $150, given 21 months confinement in the Ramsey County Workhouse and seven years of probation. (This record is public information and is attached to this case.) Mr. Jahnke paid his fine, served six months of the 21 (which is a normal amount of time for such sentence) and served his seven years of probation. Mr. Jahnke was age 22 at the time of conviction - he is now age 43. Mr. Jahnke submitted a couple letters of recommendation/reference. Such letters are attached to this case. Recommendation: