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9.4. SR 03-05-2018
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9.4. SR 03-05-2018
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to be removed <br /> Underlines to be added <br /> (4) Any conviction of a crime that adversely affects a person's ability to honestly, safely, or <br /> lawfully conduct regulated activities, unless the individual can show sufficient evidence of <br /> rehabilitation as defined in Minn. Stats. 364.03, Subd. 3. Crimes that are considered directly <br /> related to the business of peddling, soliciting, and transient merchants include but are not <br /> limited to crimes involving assault, criminal sexual misconduct,burglary,robbery, fraud, <br /> theft,harassment, or moral turpitude. <br /> (5) Revocation within the preceding 12 months of a past permit issued or past violations of <br /> any provisions of this article. <br /> (6) Failure to provide any information required on the application, or providing false or <br /> misleading information. <br /> (7) Denial or revocation of a license for peddling, soliciting,or transient sales, or mobile food <br /> service by a city or other governmental entity within the preceding 12 months. <br /> (8) Applicant is not a United States citizen and is not legally permitted to be in the United <br /> States. <br /> (d) Where a reasonable basis is found to impose reasonable restrictions on the license, taking into <br /> consideration one or more of the facts or circumstances, a license may have reasonable <br /> conditions/restrictions imposed on the manner and circumstances under which the licensed <br /> activity shall be conducted to preserve the public peace and protect and promote good order <br /> and security. <br /> (e) Failure of any person to comply with any of the ordinances of the city or the laws of the state, <br /> or any conditions/restrictions imposed on a license, shall be grounds for denying or revoking a <br /> license under this division. The city shall have the discretion to consider,in granting, denying, <br /> or revoking a license, any reasonable facts or circumstances relating to public health, safety, and <br /> welfare. <br /> (� If a license is denied by the office of the city clerk, the city clerk shall notify the applicant of the <br /> determination in writing,including the facts and specific section or sections of this article upon <br /> which this determination was made, and of their right to a hearing before the city council. <br /> (g) Except as otherwise provided in this chapter 38, article VIII,peddlers, solicitors,aftd transient <br /> merchant, and mobile food unit licenses shall be governed by the requirements and procedures <br /> set forth in chapter 38, article II of this Code,including the notice and hearing provisions set <br /> forth therein. <br /> SECTION 8.That§ 38-414, Restrictions of the City of Elk River Code of Ordinances shall be <br /> amended to add the following: <br /> (a) Transient merchants. <br /> (1) Off-streetparking required. No license for a transient merchant shall be issued for sales from <br /> any location which does not have sufficient parking for customers or for areas where <br /> customer parking would interfere with normal traffic flow. The planning manager must <br /> Page 5 <br />
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