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HomeMy WebLinkAbout7B Einbinder Peddler Appeal Report Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: JANUARY 11, 2016 AGENDA #: 7B PREPARED BY: FRANK BOYLES, CITY MANAGER PRESENTED BY: FRANK BOYLES AGENDA ITEM: PUBLIC HEARING TO CONSIDER AN APPEAL FROM JOSEPH EINBINDER TO THE DENIAL OF A PEDDLER LICENSE BY THE CITY MANAGER. DISCUSSION: History Mr. Joseph Einbinder submitted an application for a peddler’s license on November 12, 2015. Pursuant to Prior Lake City Code section 302.300, the police department conducted a criminal history check on Mr. Einbinder was convicted of fifth degree assault in 2014. Fifth degree assault is a misdemeanor. As a result the police department recommended that Mr. Einbinder’s license request be denied pursuant to city code. On November 23, 2015 I sent the attached letter to Mr. Einbinder advising him of the denial, together with a copy of the applicable portion of the Prior Lake City Code so he would be aware of his appeal rights. On December 8, 2015 by email Mr. Einbinder advised the staff of his desire to appeal the denial to the City Council. On December 14, 2015 I confirmed with Mr. Einbinder that the appeal hearing is scheduled before the City Council on January 11, 2016. Current Circumstances Prior Lake City Code, section 302 provides guidelines for the issuance of a license. Section 302.200 and 302.300 (attached) outline guidelines for a staff determination of whether to deny the license. Section 302.300 Background Checks states: “The results of the criminal history background investigation and/or driver’s license check may be cause for denial of the license at the sole discretion of the city.” Because Mr. Einbinder had been convicted of fifth degree assault in 2014 the staff denied the license subject to the appeal rights set forth in the code. The City Council will want to hear from Mr. Einbinder and the Police Chief on this topic to determine if they wish to support or oppose the staff denial. Mr. Einbinder provided a written request for an appeal as required by ordinance. The grounds for the appeal are, “…I feel that once the council hears about my personal life, from me in person they can make an exception to this rule.” 2 Conclusion The ordinance is not instructive regarding the format of the appeal. Unless the City Attorney recommends otherwise, it may be most appropriate for the City Council to conduct the appeal similar to a public hearing. The staff could provide a report. The City Council could open the hearing to allow Mr. Einbinder to elaborate on the grounds for his appeal and respond to any questions which may arise. Once all persons have spoken, the council could close the hearing, deliberate and decide where it is appropriate to support or oppose the denial and vote accordingly. ISSUES: Fifth degree assault is a misdemeanor and as such is one of the lowest categories of crime. On the other hand, the purpose of the licensure is to check to see if applicants should be given a city license to visit residents at their homes to pass out cards, brochures and offer free estimates. From a staff perspective we are concerned about issuing such a license in light of this violation. On his application Mr. Einbinder indicates that he has licenses with Savage, Shakopee, Lakeville, Blaine, Shoreview and Cottage Grove. We have not verified this information nor is it clear whether these communities are aware of the conviction or not. FINANCIAL IMPACT: Neither issuance nor denial of the license entails significant revenues or costs. Regardless of City Council action on this matter, it is the staff’s intent to update this portion of the city code. If City Council members would like to provide specific direction such action could be taken immediately after this agenda item. ALTERNATIVES: 1. Following the appeal hearing adopt a motion to deny or approve the appeal. 2. Following the appeal hearing defer action and request additional information from the staff. RECOMMENDED MOTION: As determined by the City Council based upon the information contained herein and provided at the appeal hearing. PRIOR LAKE POLICE DEPARTMENT SUPPLEMENTAL REPORT DATE & TIME REPORTED: 11/12/15 CASE FILE NUMBER: 15010439 OFFICER ASSIGNED: D. White#22 DATE & TIME OF REPORT: 11/17/15 On 11/12/15, I was assigned a background check for a solicitors permit. The application was submitted to City Accounting Specialist Janet Ringberg by: Joseph Clark Einbinder DOB/5/13/89 223 W. 47th St Minneapolis, MN 55419 Ph# 612-916-2677 On behalf of: The Window Store Home, LLC 2924 Anthony Lane St. Anthony, MN 55418 Ph# 612-353-5780 Einbinder applied for a permit to go door to door passing out business cards and brochures for the business. He plans on working daily from 0900 hours/9:00 a.m. until 1930 hours/7:30 p.m. between the date the permit is granted and 12/31/2015. There will be a total of three people working for the Window Store Home. Their information is also listed on the application. Several other cities including Savage and Shakopee as well as Lakeville, Blaine, Shoreview and Cottage Grove have issued Einbinder permits as well. A local background check was completed on Einbinder and a conviction for Fifth Degree assault misdemeanor) in 2014 was located on his record. This application appears complete with the listed information. This report will be submitted to Lt. Hofstad for review. By: Det. Darcy White#22 Prior Lake Police Department cc: G:\2015115010439\Solicitor supp by DW22-11-17-15.doc ofrxto 601 4646 Dakota Street SE n sd'i" Prior Lake,MN 55372 November 23, 2015 Mr. Joe Einbinder 223 West 47th Street Minneapolis, MN 55419 Subject: Peddlers, Solicitors and Transient Merchants License Application in Prior Lake Dear Mr. Einbinder: The City of Prior Lake Police Department has conducted a background check on you as provided in Section 302.300 of the Prior Lake City Code (see attached copy). I regret to inform you that we are unable to approve your license because you were convicted of a fifth degree assault(misdemeanor) in 2014. This means you may not conduct business within the City of Prior Lake. Nonetheless I wish you the best of luck in your business endeavors. 4ely,y,f/ Frank : .yles I City anage cc: Janet Ringberg Detective Phone 952.447.9800 / Fax 952.447.4245/www.cityofpriorlake.com Business Regulations SECTION 302 PEDDLERS SUBSECTIONS: 302.100:LICENSE REQUIRED 302.200:APPLICATION, FEES 302.300:BACKGROUND CHECK 302.400:RIGHT TO APPEAL 302.500:PENALTY 302.100: LICENSE REQUIRED: No seller, hawker, vendor, peddler or solicitor of orders for sales of merchandise, goods, wares, contracts, magazines, securities or any other item whereby the seller, hawker, vendor, solicitor or his principal expects to derive a profit or pecuniary gain or to dispose of his items and/or peddle, solicit orders of such residents unless properly licensed as hereinafter provided. 302.200: APPLICATION, FEES: All sellers, hawkers, vendors, peddlers or solicitors desiring to sell, hawk, vend, peddle or solicit to private residences in the City shall make an application to the City Clerk in writing for either an annual license or a temporary one day license and when granted the person applying therefor shall pay to the City a license fee to be determined by the City Council. An annual license for a period of one day. The Clerk may grant said license to such persons he may deem proper upon proper application, using the following criteria as guidelines for his decision: 1) Reputation of the individual and/or principal involved in the community or State for fairness, honesty and integrity; 2) The number of previous complaints filed against the applicant by said City residents; 3) The nature of the items being hawked, vended, peddled, sold, e.g. whether the item or purpose would be of a religious or other nature; 4) Whether or not the hawker, peddler, vendor or solicitor has previous permissions, consent or invitation by private residents of the City; 5) Whether or not the ha ridaror so Icl or has complied-ww.thjespect to his items b .•-='=40 sled, hawked, vended, sold or solicited. 302.300 BACKGROUND CHECK: In order to protect the health, safety and welfare of the public, the Prior Lake Police Department is authorized to conduct a criminal history background investigation and/or driver's license check on all persons who have applied for, or who will sell, hawk, vend, peddle or solicit under a license issued herein. The results of the criminal history background investigation and/or driver's license check may be cause for denial of the license at the sole discretion of the City. Ord. Amd. 111-01, publ 1/1/11) Business Regulations ' 302.400: RIGHT To APPEAL: Should the City Clerk deny the applicant said license, the applicant may appeal to the City Council. Notice of such appeal must be in writing, stating the grounds for said appeal to the City Council. Notice of such appeal must be in writing, stating the grounds for said appeal and must be served upon the Mayor within ten (10) days of the applicant's notice of the appeal by the applicant upon the Mayor, the Mayor shall call a special meeting of the Council to hear such appeal and give three (3) days' notice of the time and place for the hearing to the appealing applicant. 302.500: PENALTY: Any person who violates any provision of this Section shall be deemed guilty of a misdemeanor and shall be punished by a fine not to exceed five hundred dollars 500.00) or imprisonment in the County jail not to exceed ninety (90) days or both, for each offense. City of Prior Lake 302/p2 Janet Ringberg From: Joe Einbinder <jeinbinder58@gmail.com> Sent: Tuesday, December 08, 2015 1:53 PM To: Janet Ringberg Subject:Joe Einbinder Appeal Hello Janet, I am writing to inform the city of Prior Lake that I will be appealing the decision to deny me of a solicitors permit. I am appealing this decision because I feel that once the council hears about my personal life, from me in person,that they may make an exception to this rule. Please let me know how to go about the appeals process. Many thanks, Joe Einbinder Advertising Manager The Window Store Home Inc. 612-916-2677 1 p4 PRIp C 4646 Dakota Street SE 40n04asCR" Prior Lake,MN 55372 December 14,2015 Mr.Joe Einbinder 223 West 47th Street Minneapolis,MN 55419 Dear Mr.Einbinder: I have received your request to appeal denial of your solicitors permit in the City of Prior Lake. I have scheduled the appeal hearing for the city councils first meeting in 2016 which is on Monday,January 11,2016 at 7:00 pm in the Prior Lake City Hall Council Chambers. I am attaching for your information a copy of the Prior Lake City Code Section 302 relating to the licensure of Peddlers. At the January 11,2016 appeal hearing the City Council will expect you to explain the grounds for your appeal and the reasons consistent with the Prior Lake City Code that you should be granted a license in Prior Lake. Please let me know if you have any questions or if your schedule precludes you from an appeal hearing on Jan 11,2016. S' erely Frank Boy -s City M• •.ger Phone 952.447.9800 / Fax 952.447.4245/www.cityofpriorlake.com NORMANDALE COMMUNITY COLLEGE February 12, 2015 To Whom It May Concern, For 26 years I have taught at Normandale Community College in Bloomington, Minnesota and have worked with and come to know thousands of students. My favorites, and a strength of the community college, is the "second chancer". For whatever reason they didn't get things together at a traditional college age and now, again for whatever reason,want to turn things around.Those students blessed with ambition,talents, and a support system often succeed.They complete Normandale, and go on to do terrific things. Joe Einbinder has shared his story with me and I think he has made the turn. Not to excuse his offence in anyway, but 1 do not see him as a danger in the community. In fact, my observation working with him and other students is quite the opposite.Joe has been a kind and caring person and interacts well with all of us at Normandale. Joe asked me to write this letter in his support and I agreed to do it without hesitation. My understanding is due to his past mistakes he may be denied a permit to canvas in I some communities. It is of course the right of each community to make this decision and a duty to protect the public from possible danger. I do not believe Joe is a threat and a denial of work opportunities does not advance his efforts to finish his education and contribute positively to our community. I am more than happy to talk personally to anyone about Joe and answer any questions that I am capable of. Do not hesitate to contact me. Si cerely, ;k Craig Miller Business Faculty Normandale Community College 9700 France Avenue South Office P2837 Phone 952-358-8344 Email: craig.miller@normandale.edu 6/15/2015 Normandale Community College-eServices-Academic Record Normandale Community College Student ID 12312273 Student Academic Record as of Summer Term 2015 Name: Einbinder, Joseph C ***** Undergraduate Academic Record ***** South Central College UNDG SEMESTER Credits Accepted in Transfer Fall 2014: 8.00 Oakland Community College UNDG SEMESTER Credits Accepted in Transfer Fall 2014: 6.00 ***** Normandale Community College ***** Course Cr/Hr GPA GPA Subj Nbr Title Cr/Hr Grade Earned Credit Pts 20.14 Major: Business: Marketing and Management BUSN 1100 Prin of Marketing 3.00 A 3.00 3.00 12.00 COMM 1101 Public Speaking 3.00 A 3.00 3.00 12.00 THTR 1117' Intro to Television 3.00 A 3.00 3.00 12.00 > MATH 0602 Pre-college Math 2 3.00 P 3.00 0.00 0.00 MATH 0500 Pre-Algebra 0.00 P 0.00 0.00 0.00 UNDG Term Att: 12.00 Earn: 12.00 GPA Crs: 9.00 GPA Pts: 36.00 GPA: 4.00 **** Trsf Att: 14.00 Earn: 14.00 GPA Crs: 0.00 GPA Pts: 0.00 GPA: 0.00 **** Cum Att: 26.00 Earn: 26.00 GPA Crs: 9.00 GPA Pts: 36.00 PA: X4.00 §piing+ 2`015;..3 BUSN 2155 Legal Environment of Busn 3.00 A 3.00 3.00 12.00 ACCT 2251 Financial Accounting 4.00 B 4.00 4.00 12.00 PHIL 1170 Business Ethics 3.00 C 3.00 3.00 6.00 > MATH 0603 Pre-college Math 3 3.00 NC 0.00 0.00 0.00 UNDG Term Att: 13.00 Earn: 10.00 GPA Crs: 10.00 GPA Pts: 30.00 GPA: 3.00 **** Cum Att: 39.00 Earn: 36.00 GPA Crs: 19.00 GPA Pts: 66.00 GPA: 3.47 Career Summary - Semester-Hau-ts Local: Att: 25.00 Earn: 22.00 GPA Crs: 19.00 GPA Pts: 66.00 GPA: 3.47 Transfer: Att: 14.00 Earn: 14.00 GPA Crs: 0.00 GPA Pts: 0.00 GPA: 0.00 Total: Att: 39.00 Earn: 36.00 GPA Crs: 19.00 GPA Pts: 66.00 1 3;47 Z - Grade Not Yet Recorded * * * END OF ACADEMIC RECORD f City of Shoreview 65�490 4600 a P� sr-1.0revieuy DLER.PERMIT .m Issued to: Joseph Einbinder Goods to be Sold: Home Improvements Valid Dates: 4/6/15-6/5/15 JOSEPH CLARK EINBINDER` - L040-50936 THE WINDOW STORE Description of Vehicle: Year 2004 Make Chev Model Impala Color Silver Plate 347 LDV State Issued MN Solicitor Pccidling prtofilbited ,k7:00 pmandarn A I Sued y 1 - Expires 6-1-2015 _- --- ' - - - - Birth Date: 13-MAY-1989 Height: 5-10 Weight: 165 E Type: HOME IMPROVEM CENSEf Name: Joseph Einbinder 'a;nngappiis Business: The Window Store r is ii[✓�':,•> - Address: _ f PLEASE RETURN TO: 2924 Anthony Lane Regulatory Services City,State St Anthony,MN 35418 Licenses and Consumer Services Expiration Date: 92131115 µ Room.1-C City Hall1v 350 5th Street South NOTICE: The City Of L-34141ina i � Minneapolis,MN 55415 ' eIe {; i product g i g erre . Or Call:311 or(612)673-2080 s - BusinessLicenses@Minneapolismn.gov, f c E i `i 1 Issued by the City of Blaine and is the property of the City The holder is NOT a City employee and must be surrendered upon demand. IF FOUND, RETURN TO:, City Clerk's Office 10801 Town Square Drive NE Blaine, MN 55449 NO. - � .--.( . -1 GENERAL CORPORATE LICENSE STATE OF MINNESOTA CITY OF MAHTOMEIDI COUNTY OF WASHINGTON WHEREAS, � (/Ylk4bU J��/ has paid the sum of$ ---0 to the Finance Director of the City of Mahtomedi, as required by the City of Mahtomedi, and complied with all the requirements of said Ordinances necessary for obtaining this, License: NOW, THEREFORE, by order of the i Cocil of Mahtomedi, and by virtue hereof, the said (� � SACt., is hereby licensed and authorized to:SOLYr f 0r_ 7b, C;rJ� for the period of starting and ending _ —/ , subject to all the conditions and provisions of said Ordinances. Given under my hand and the corporate seal of the City of Mah-tomedi on 1 City Seal Silgha __ i 1 444 _ t� o L��er r ville Solicitors Re gJstratlor r- �,� - , r. . �� -9 I�:� I.9� � �., Cr �� 1' 9r � - :ERTI F!IC r --;E L C MPLIIANCE This cera fees that on 1Vlarch 30,2015 Joseph Clark Einbinder,DOB:051380,;h has registered with the City of Lakev�Ile as a solicitor, This certificate of solleitor registration certifies that the registe99.'ring party has registered with the City of Lakeville,but in no way represents the City of Lakeville omits services. This certificate is valid for only 9Q'Days and must be returned to the Lakeville Police departmeut within seven(?}days of its expiration, i , ` �t_ - r - Iake�ille Pahee Representar.rtive � 1` NOTARY P11$rr UC-t�INNESC1 Subscribed and sworn to this �a of , ZOlS j�. c q tres,tan.31,2016 y 69;� -r 1 l � r. I ;� Notary Public :)--.' r. :r r r�: 9-��-9� ,-9 1 I-r-� -,� -�r �L!'' k Juni 30 =-- __ - = � 9 : [r-,9 . 9 r Solicitor must have this eerti$cate in possession while soliciting in the City of Lakeville. No. 15-01 SOLICITOR LICENSE Expiration Date: 7/1/15 SOLICITOR LICENSE City of Falcon Heights, 'Minnesota In conformance with City code a Solicitor License is issued: For: Joseph Clark Einbinder The'Window Store Home Inc. 2924 Anthony Ln. St.Anthony,MN 55418 Subject to all conditions and provisions of the City code. 6 Attest: Bart Fischer City Administrator Signed and sealed: March 25, 2015 i i City of Robbinsdale 4100 Lakeview Avenue North-Robbinsdale,Minnesota 554221898 Phone(763)531-1255 .Fax(763)537-7344 Registration of Solicitation/Canvassing Date: -� Organization/Business Address., ° Type of Organization/Business: a Contact Name: c,o - Phone Number: WA-598-Ce; aa; Dates of soliciting/canvassing: From.11! �to Hours of solicitation/canvassing: From q J\M to . (Allowed between 9:00 a.m.and 8:00 p.m.) ROCITY S N�OF RAID/RECEIVED. Signature g (OK) Y. ,,.* ,r.,,.r ��,��.Y.,%�> r� c"ue-da�c snppfied-owxnis wrm-w!wbe used"to assess the - --- �_ .: X_=x 11-06). qualifications for soliciting or canvassing as required by pity Ordinance the registrant if The data is needed to distinguish this registration from of additional information is required. ' re 'stration required to be carried by all persons soliciting or canvassing for A copy of fih><s gi eq the above named organization or business. No fee required. 8/11 City of'Brooklyn Park Community Development Department Business Licensing Division S 200 8Srh Avenue North/Brooklyn Park,MN SS443 I Phone: 763 493 8182 I Fac 763 4938171 www.brooklvnpark.org 10/10 .Registration egistration to Solicit in Brooklyn ParkPARK t Applicant Full Name: (First) (Middle) (Last)- —- : Legal Address: L S. ``' '� - A�' b(V. ---- :- - ------ reet#&Name) (City) (State) (Zip+4) Local Address: �t'�'�-�- . (Street#&Name) (City) (State) (Zip+4) Local Telephone& Ext(if Applicable): /Z--96"2611- vehicle Description: �.�C7L� C-��Vrl�)-Z - � � S; Iyi0f' 19`� " -1- OV (Year) (Make) (Model) (Color) (License Plate#and State) Firm Name: TI- k r Address: 1e.�.h �� (Street#&Name (City) (State) (Zip+4) Firm Telephone#: U7_-35-3 -5-7a' �� f Supervisor/Contact Name: _ C: EC-C, C-f,f, `A-NAkc off e4 ferl-WL&t l i Dates of Solicitation; loacl a 4_Itgu)eA Time of Solicitation: ��=� " ��•� _.Description of Product or Service: IL Iw ii Registration Expires: 2 ft i Off ` 1 Have you attached a copyof the flyer/material to be used and/or distributed? (Circle one) Yes No The undersigned hereby makes application to the City of Brooklyn Park, Hennepin County, Minnesota,for solicitor registration and agrees to comply of all times with all Federal,State,County or the City of Brooklyn Park laws,ordinances or regulations. The undersigned understands that they shall not conduct their business in such a manner as to annoy other persons or become a nuisance or obstruct any street,or public place,within the City and that such conduct may result in revocation of this registration and denial of future requests. - © i ant Signature Date: t. x t4 y Goaden Vala-may LICENSE 0-000 7.6 95 The Window Store EXpiration: ' 2924 Anthonyane 12/31/2015 y Suite 115 - - - ii Pursuant to City-;Ordinances,and.regulation !��f St Anthony MN-55418 � .- i citv0and conditioned-upon payment.of�_the- � SBA _ re qured`fee; License is.-hereby granted.fo 3 the.,term-and,purpose- stated-. i r License Type-:' fe val - ( Peddler/Sol- ctor' ,. ffi POST AT,:LOCA►T10N.LICENSED_ I NOT: TRMSFERABiE Mayor City Clerk's Office NOT-VALID. UNI,E-SS-COUNTERSIGNED i ....................................................................................................................................................:......gt,,?:1:.t ....................... ,.,,.:............................ .............................. .......».............,.,....A,I City of Golden Valley Receipt-for License: 00007695 Expiration: 12/31/2015 License Description TXpe YJaits Fee Peddlers(each additional person) Scnd $5.00 / Peddlers/Solicitors(lst person) Prim $30.00 Total: $ : 0 _ Complex Name: Licensed Location: DBA: Mail To: The Window Store 2924 Anthony Lane Suite 115 St Anthony MN 55418