RES 25-53 - Laserfiche WebLink

Home Browse Search

11. Everlight and ERMU are not partners in any programs. Everlight and the City are not partners in any programs. 12. Neither ERMU or the City endorse Everlight. Any representation made by Everlight to the contrary is false and misleading. Everlight representatives have made false and misleading statements suggesting an endorsement or association with ERMU and/or the City. 13. At the hearing, Everlight representatives claimed that the examples before the Council were one -offs of untrained or new employees. But Sara Youngs, ERMU Administrations Director, noted that such behavior had occurred before and Everlight was on notice of similar complaints within the last 3 years. 14 Furthermore, the inappropriate behavior of Everlight representatives in Elk River is not an outlier, but would appear to be company -wide practice. The Nebraska Attorney General has filed a lawsuit against Everlight for unlawful door-to-door tactics and misleading customers. 15. City Code § 414(c)(2) requires that solicitors: [C]onduct business in a reasonably courteous manner at all times, must not engage in offensive, obscene, or abusive language, must not push open a door not opened by an occupant, must not place any portion of a persons` body through an opened doorway without the invitation of an occupant, and must not physically attempt to stop an occupant from closing a door. 16. City Code § 414(c)(3) provides solicitors must "immediately leave private property when requested to do so by an occupant and must leave immediately upon completion of a transaction or an unsuccessful attempt to contact the occupant." 17. City Code § 414(c)(5) prohibits solicitors from making "untrue statements to the people contacted regarding the purpose of the contact, orders placed by the neighbors, or the goods or services offered." 18. City Code § 414(c)(6) prohibits solicitors from "indicating or implying city endorsement of their activities or products by the City" 19. City Code § 38-413(c)(3) provides that the City Council may consider "past fraud, misrepresentation, or misstatement in the course of carrying on business" in determining the need for revocation. 20. City Code § 38-413(c)(6) provides that the City Council may consider "providing false or misleading information" in determining the need for revocation. 21. Furthermore, City Code § 38-413(e) provides that: Failure of any person to comply with any of the ordinances of the city or the laws of the state, or any conditions/restrictions imposed on a license, shall be grounds for denying or revoking a license under this division. The city shall have the discretion to consider, in granting, denying, or revoking a license, any reasonable facts or circumstances relating to public health, safety, and welfare. 2373230