Consider Request to Appeal Solicitor License Denial; Case of Aaron Jahnke, Heston & Associates, Inc.

Purpose:  The purpose of this case is to hear a request to appeal denial of a Solicitor License.

Background:  Staff received an application for a Solicitor's License for year 2017 from Mr. Aaron Jahnke.  (Mr. Jahnke's application is attached to this case.)  The nature of Mr. Jahnke's business is to go door-to-door to deliver information on home improvements.  This type of activity requires a Solicitor's License and such license requires a background check and approval or denial by the Police Chief, based upon the check.  Following Mr. Jahnke's background check, Chief Katers denied approval of Mr. Jahnke's application based upon disqualifying information found - a past felony conviction in 1996 for second degree assault with a dangerous weapon.  City Code states the following with regard to the application and recommended approval or denial by the Police Chief:  

ARTICLE XIII - PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS (This section of City Code is attached.)  Excerpts from City Code below)

Sec. 26-586 - Application for license.

(a)  In order to acquire the license required in this article, the peddler, solicitor, transient merchant or vendor, except a person selling or peddling the products of a farm or garden occupied and cultivated by themselves, or a person conducting a garage or estate sale, must submit the following information to the city clerk:

(6)  Any felonies or gross misdemeanors, or any crimes of theft or issuance of a worthless check, of which the registrant was convicted within the ten most recent years, and the nature of the crime of which the registrant was convicted.

(b)  Every application shall bear the written report and recommendation of the Chief of Police.  The Police Chief or his designee shall immediately institute an investigation of the applicant including, but not limited to, a criminal history and wanted persons check with the Bureau of Criminal Apprehension, for the protection of the public good.    ..  ..  ..

Sec. 26-587 - Non-issue denial.

(a)  If as a result of a background investigation, the applicant is found to be unsatisfactory, the Chief of Police shall endorse on such application his disapproval and the reasons for the same, and return the application to the city clerk .  .  . 

(b)  Any applicant may be found to be unsatisfactory for reasons including, but not solely limited to:
(1)  Fraud, misrepresentation or incorrect statement contained in the application for permit
(2)  Past fraud, misrepresentation or incorrect statement made in the course of carrying on a business as a solicitor, canvasser, peddler, transient merchant, itinerant merchant, or itinerant vendor.
(3)  Past conviction of any crime or misdemeanor involving fraud, theft, or moral turpitude, or any crime of violence as defined in Minn. Stats. 624.713 (the definition is actually in 624.712, subd. 5 - that portion is attached)

The police chief must comply with the provisions of Minn. Stats. ch. 364 if the recommendation for denial is based in whole or in part upon prior criminal convictions.  (Minn. stats. ch. 364 is attached). 

Mr. .Jahnke was informed of Chief Katers' recommendation of denial and he has requested, in writing, to appeal this decision before the City Council at this meeting.  (Mr. Jahnke's request is attached.)  City Code Sec. 26-590 - Appeal - states that any person aggrieved by the denial/revocation of a license may appeal to the city council.  

Mr. Jahnke will be in attendance to present his appeal and Chief Katers will be present to answer any questions Council may have. 

Mr. Aaron Jahnke has been notified that he will be on the agenda for this evening.

Under the City's Code, we do not have to deny the license based on the background check, but we do have the authority to do so.  State Statute says the following: 

No disqualification from licensed occupations.  Notwithstanding any other provision of law to the contrary, no person shall be disqualified from pursuing, practicing, or engaging in any occupation for which a license is required solely or in part because of a prior conviction of a crime or crimes, unless the crime or crimes for which convicted directly relate to the position of employment sought or the occupation for which the license is sought. 

The statute also talks about evidence of rehabilitation.  It says: 

A person who has been convicted of a crime or crimes which directly relate to the public employment sought or to the occupation for which a license is sought shall not be disqualified from the employment or occupation if the person can show competent evidence of sufficient rehabilitation and present fitness to perform the duties of the public employment sought or the occupation for which the license is sought.  

Some of the criteria listed is:  evidence showing that at least one year has elapsed since release from any local, state, or federal correctional institution without subsequent conviction of a crime; and evidence showing compliance with all terms and conditions of probation or parole. 

According to this Statute, consideration should also be given to the age of the person at the time the crime was committed - and the length of time elapsed since the crime was committed. (MN Statute 364.03 is attached.)

Mr. Jahnke's crime / conviction was in 1996 - 21 years ago.  Records indicate that he was fined $150, given 21 months confinement in the Ramsey County Workhouse and seven years of probation.  (This record is public information and is attached to this case.)  Mr. Jahnke paid his fine, served six months of the 21 (which is a normal amount of time for such sentence) and served his seven years of probation. Mr. Jahnke was age 22 at the time of conviction - he is now age 43. 

Mr. Jahnke submitted a couple letters of recommendation/reference.  Such letters are attached to this case.

Staff recommends Council hear Mr. Jahnke's appeal as is allowed by City Code and to make a decision to approve or deny such license based upon information received.

Motion to approve Mr. Aaron Jahnke's Solicitor's license.

OR

Motion to deny Mr. Aaron Jahnke's Solicitor's license.