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HomeMy WebLinkAboutOrdinance No. 4446 - Second Reading: Ordinance amending Door-To-Door Sales and Solicitations ORDINANCE NO. ____ AN ORDINANCE AMENDING SECTIONS 5-14-5, 5-14-8, 5- 14-9, 5-14-10, 5-14-11, 5-14-12 AND AMENDING THE TITLE OF SECTION 5-14-7 OF CHAPTER 5-14 OF TITLE 5 OF THE ROCHESTER CODE OF ORDINANCES RELATING TO THE REGULATION OF DOOR-TO-DOOR SALES AND SOLICITATIONS. THE COMMON COUNCIL OF THE CITY OF ROCHESTER ORDAINS: Section 1. Section 5-14-5 of the Rochester Code of Ordinances is amended to read as follows: Sec. 5-14-5. - Application for registration. (a) Any person desiring to be registered under this chapter shall appear in person to file an application with the city clerk’s office. The application shall be on a form prescribed by the city clerk, shall contain the information found in subsection (b) of this section, and shall be sworn to under oath or by affirmation. (b) An application for a door-to-door salesperson permit must contain the following information: (1) The full legal name and date of birth of the applicant. The applicant shall provide a current State current driver's license or United States Government approved photo identification card. issued by the state or other state, which license or card must include a picture of the person to whom it was issued. (2) The business and residence address and telephone number of the applicant including a street or rural route address, the city or town, and the state. A post office box number shall not be accepted as the applicant's address. Address information shall include both the applicant's permanent address and, if different, the applicant's temporary address in the city vicinity. (3) The address to which all notices required under this chapter shall be sent. (4) The age, sex, weight, height, color of eyes and hair of the applicant. (5) A description of any vehicle and license number to be used in the regulated activity. (6) The name, telephone number, and address of the business, person, firm, association, or corporation that the applicant represents or is employed by, or whose merchandise is being sold, and the name, telephone number and address of the manager or supervisor to whom the applicant reports to during the course of undertaking the regulated activity. Such address information shall include a street or rural route address, the city or town, and the state at which the firm is located. A post office box number shall not be accepted as an address for the business entity. Address information shall include both the business entity's permanent address and, if different, the business entity's temporary address in the vicinity of the city. (7) A description of the kind and nature of the property, goods, wares, merchandise or services sold or solicited for sale by the applicant, and an itinerary identifying description of the intended dates and areas of the city in which the applicant will be undertaking perform any regulated activity. (8) The applicant's signature. (9) A description and explanation concerning the applicant's conviction, if any, of any municipal ordinance anywhere in the country including, a description of the nature of the violation, the date of the conviction, and the identity of the municipality involved. (10) A description and explanation concerning the applicant's conviction, if any, of any municipal, state or federal law involving acts which, if they occurred in the state, would constitute fraud, misrepresentation, theft, or embezzlement. (11) A description and explanation concerning any complaints, if any, of any City resident, individual, or community member which has been levied at the individual. (11)(12) The length of time during which the regulated activity is to be conducted, not to- exceed 30 days from the date of registration. (c) At the time of the application's filing, a nonrefundable fee of $50.00 shall be paid to the city clerk to cover the cost of investigation of the facts stated within the application. Permit fees shall be as established in the city's fee schedule adopted annually. (d) The city clerk shall refer each application to the police department for investigation, the results of which shall be reported back to the city clerk. Section 2. Section 5-14-8 of the Rochester Code of Ordinances is amended to read as follows: Sec. 5-14-8. – Revocation, or suspension of registration or permit. The city clerk shall, by service of notice, suspend for a period of not more than 960 days, or revoke any registration or permit under the authority of this chapter, for any of the following reasons: (1) The conviction of the registrant of any of the offenses set forth in section 5-14-7. (2) The conviction of the registrant or permittee under any ordinance of any city or the laws of the United States, the state or any other state involving fraud, misrepresentation or embezzlement during the effective period of the registration or permit. (3) The use of any fraud, misrepresentation, trick, or deception in carrying out or promoting a regulated activity. (4) The refusal of the registrant or permittee to exhibit proof of registration under this chapter to any official or police officer of the city. (5) The representation upon the application form or otherwise that the registrant or permittee is an employee, agent, or representative of any person whom the registrant does not, in fact, represent. 2 (6) The refusal or failure of the registrant or permittee to leave the property or premises of others when requested to leave by the owner or occupant thereof. (7) The making of any false statement or misrepresentation by the registrant or permittee to gain entrance to any building or structure within the city. (8) The use of any false or fraudulent statement, whether written or oral, or any misrepresentation concerning the price, terms of payment, quality, quantity, or delivery of personal property, goods, wares, merchandise or services. (9) Where it relates to an individual peddler, three (3) or more complaints from multiple individuals about conduct, practices, or failure to produce a valid license when requested. Where it relates to a business entity, six (6) or more complaints spread over three (3) or more individuals related to conduct, practices or failure to produce a valid license from individuals working for said company. (9) (10) The violation by the registrant or permittee of any other provisions of this chapter. Section 3. Section 5-14-9 of the Rochester Code of Ordinances is amended to read as follows: Sec. 5-14-9. - Right of appeal. If the city clerk denies, refuses, or fails to register the applicant or issue a permit, or if registration or permit is suspended or revoked, the applicant, permittee, business, or registrant may appeal that determination by filing a written notice of appeal with the city clerk administrator within ten days after the city clerk's determination. If the notice of appeal is not timely filed within ten days the right of appeal is terminated. and thereafter no appeal may be brought. A timely appeal from a suspension or revocation shall stay the suspension or revocation until the decision of the hearing officer is rendered. Section 4. Section 5-14-10 of the Rochester Code of Ordinances is amended to read as follows: Sec. 5-14-10. - Hearing; hearing officer. (a) The city clerk administrator, or designee, the city attorney, or designee, a member of the police department and the president of the common council shall act as the hearing officers and shall have authority to hear appeals from the following city clerk actions of the city clerk: (1) The denial, rRefusal, or failure to register an applicant or issue a permit. (2) The revocation of a registration or permit. (3) The suspension of a registration or permit. (b) The hearing officers may receive all evidence, and hear witnesses on matters germane to the appeal. The hearing officers shall afford the registrant, permittee, business, or applicant 3 making the appeal an opportunity to present evidence, cross examine witnesses, and be heard. The hearing officers may affirm, modify, or reverse the city clerk's action. (c) Any person or business aggrieved by the hearing officers’ determination may appeal to the common council. An appeal to the common council shall be taken within ten days from the hearing officer's decision by filing with the city administrator and or the city clerk a notice of appeal. The matter shall be placed on the common council's next regularly-scheduled meeting agenda for a public hearing. The common cCouncil may affirm, modify, or reverse the hearing officer's decision. If the notice of appeal is not filed within ten days, the right to appeal is terminated. Section 5. Section 5-14-11 of the Rochester Code of Ordinances is amended to read as follows: Sec. 5-14-11. - Manner of giving notice. All notices to be given to an applicant, permittee, business, or registrant under this chapter shall be given either by personal service, or by mail to the address for service of notices as shown on the application form. Service by mail shall be deemed complete on the date of mailing and shall be conclusively presumed that notice by mail was received by the applicant, permittee, or registrant.,and tThe failure of the applicant, permittee, or registrant to receive such notice shall not invalidate the action taken pursuant to such notice. Section 6. Section 5-14-12 of the Rochester Code of Ordinances is amended to read as follows: Sec. 5-14-12. - Notice of hearing. Notice of any hearing involving the registrant, permittee or the applicant shall be given by the city clerk in writing, setting forth specifically the purpose, time and place of hearing. Such notice shall be sent mailed to the registrant, permittee, business or applicant at least five days prior to the date set for hearing or shall be personally served at least three days prior to the date set for hearing. Section 7. Section Title of Section 5-14-7 of the Rochester Code of Ordinances is amended to read as follows: Sec. 5-14-7. - Refusal to register or permit. License Ineligibility Section 8. This ordinance shall become effective from and after its publication. 4 PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2021. ___________________________________ PRESIDENT OF SAID COMMON COUNCIL ATTEST: __________________________ CITY CLERK APPROVED THIS _____ DAY OF ______________________, 2021. ___________________________________ MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) Ord20/5-14 et al.PeddlerOrdAmend.1.docx 5