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I I I Council Meeting Minutes April 26, 1988 Kelley reviewed history of applicants for peddler's and transient merchant's licenses; past councils did not want to encourage this type of activity; ordinance says if the product is to be delivered in the future we can regulate that type of business; if the pro- duct is to be shipped from out of state, we cannot regulate that type of business; noted political speech is not addressed in the ordinance; and noted city attorney has a number of comments regarding the current ordinance. Gunderman stated he would appreciate having legal counsel draft an amended ordinance to clarify council's intent on the matter. LeFevere stated the current ordinance has no standards or criteria for granting licenses to peddlers and/or transient merchants; there are constitutional regulations by which we would have to abide; and, aside from those, basically it is council's decision on when it is, or is not, appropriate to grant such licenses. Benke asked if the city could draft an ordinance that required the solicitor either be from a fixed address within the city or spon- sored by an organization based in the city; LeFevere questioned whether or not that would be a legitimate cause to deny a license. Benke asked how that would be different from a resident versus non-resident service; LeFevere stated those are city services. Kelley indicated his department received a modest nUlnber of com- plaints; if the city wants to allow door-to-door, nothing need be done with the ordinance in which case we might have a hard to refusing anyone. Kelley further stated that since the city has been discouraging peddlers it should change its ordinance if we want to keep it this way. Benke agrees with the general perception but indicated, if we are going to have a basis for rejecting, we need to establish cri- teria; and believed there should be a way to screen out the undesired groups honestly and within constitutional limits. In response to Williams's question, Kelley indicated a misdemeanor would be the penalty for peddling with no license and indicated occasionally the Police Department has issued tags if someone does not stop selling without a permit. Motion by Gunderman, seconded by Larson, to AUTHORIZE LEGAL COUN- SEL TO DEVELOP A DRAFT ORDINANCE RESTRICTING PEDDLERS OTHER THAN LOCAL SERVICE GROUPS. 5 Ayes - 0 Nayes, Motion Carried Kelley reviewed Tom Johnson's findings on Charitable Gambling in New Brighton and asked if the city wants to impose a gambling investigative fee or a gambling tax. Kelley stated the city can- not require organizations to make a contribution to the city, but we can require a ten percent donation to the community; if we were to impose a legal gambling tax, it could not exceed three percent Page 18 Discussion: Peddlers, Transient Merchants Report 88-132 Discussion: Charitable Gambling License Policy (No Report)