HomeMy WebLinkAbout01/20/1977 � �
CITY OF APPLE VALLEY
URBAN AFFAIRS COMMITTEE MINUTES
January 20, 1977
PRESENT: Jim Ronay, Hank Myers, Dorothy Regis, D. Asleson
Mr. Asleson was in attendance to discuss his letter dated October 20, 1976 and
proposed changes in the Transient Merchant License which was adopted on September 22,
1971 by the City Council. Mr. A. told the Committee that the ordinance has been
working very well; all of the requests have to go to the City Council and that has
been a problem on occassion. The purpose of the ordinance was not to tell one
organization that they could sell and another organization that they couldn't.
There is a provision for revocation of the license. The ordinance is not designed
nor is there any basis for denying a license to people from outside the community.
Mr. A. reviewed the background information which prompted the staff recommendation
for the change. Mr. Asleson said that he felt that the present ordinance is over
regulation of the shopping centers promotional activities. He reviewed his
recommendation (see memo to Mayor & City Council dated 9/20/76) . One°of the main
purposes of the ordinance is for the police department to know what is going on in
the City.
General Discussion: There was some discussion on changing the ordinance to not require
the local non profit organizations to go through the Council for issuance of the
license. Possibly apply at City Hall and pay the fee, register & the City Clerk
could issue the license. There was considerable discussion of Section 8 A & B.
Section 2 regarding Chapter 329 of Minnesota Statutes Annotated was discussed at
length. Chapter 329 states that the applicant must apply for a County Transient
Merchant License. Mr. A. said that he had called the County and they do not issue
a TML. He added that the City is not responsible for enforcing state law unless
the law says the City is the enforcing agency. It is the County's groblem to license,
however, the City is in violation of the ordinance. There were several suggested
solutions; to attach a statement to the license stating that Chapter 329 requires
a county license, ignore the requirement until such time when it needs to be enforced,
suggest to the Legislature that a bill be added to Chapter 329 stating that
municipalities with a local ordinance that is filed with the County Auditor should
be exempt and be allowed to regulate within their own borders. Discussed reason for
State Law -- the State is concerned about the "bad people" and the City is interested
in knowing who is selling in the community. Members of the Committee were in agree-
ment that the requirement should stay in the ordinance and have it ignored rather
than not have it there and at some future date have a problem. The Committee
questioned if AV is responsible to the adherence and what is the responsibility of
the licensee. This gives AV an opportunity to deny a license.
The Committee discussed exempting the Apple Valley organizations and require a
registration; however, outsiders would have to have the regular license as required
in the ordinance at the present time. Members felt that the registration procedure
would not be an undo burden, however, it would still be a control device for the City.
Any outside charitable or non-profit organizations would be required to get a license
each time they came to AV rather than for five years.
The Committee requested that we ask the League of Municipalities for the Model Ord.
as well as copies of any ordinances from cities close to our size in counties other
than Dakota. The Committee will continue their discussion on this Ord. on 2/3/77.
Meeting adjourned.