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(a) Deadline for renewal application. All licenses or certificates of registration issued under this Division X shall be effective for one year from the date of approval. An application for the renewal of an existing license or registration shall be made prior to the expiration date of the license or registration and shall be made in such form as the
requires. If, in the judgment of the City Council, good and sufficient cause is shown by an applicant for the applicant’s failure to submit a renewal application before the expiration of the existing license, the City Council may, if the other provisions of this Division X are complied with, grant the renewal application.
(b) Consideration of renewal application. Within a reasonable period after the completion of the renewal verification process by the
, the
shall accept or deny the renewal application in accordance with this Division X. If the renewal application is denied, the
shall notify the applicant of the determination in writing. The notice shall be mailed by regular mail to the applicant at the address provided in the application and it shall inform the applicant of the applicant’s right, within 20 days after receipt of the notice by the applicant to request an appeal of the
determination to the City Council. If an appeal to the City Council is timely received by the
, the hearing before the City Council shall take place within a reasonable period of receipt of the appeal by the
.
(Added by Ord. 93-23, passed 4-26-1993; recodified by Ord. 95-13, passed 8-7-1995; added by Ord. 97-18, passed 5-5-1997; deleted and added by Ord. 2007-18, passed 5-7-2007; amended by Ord. 2008-15, passed 5-5-2008)
(a) Suspension or revocation. The City Council may revoke a license, suspend a license for up to 60 days, impose a civil penalty of up to $2,000 for each violation or impose any combination of these sanctions, issued pursuant to this Division X for any of the following reasons:
(1) Fraud, misrepresentation or false statement contained in an application or a renewal application;
(2) Fraud, misrepresentation or false statement made in the course of carrying on the licensed or registered occupation or business;
(3) Any violation of this Division X or state law;
(4) A
or registrant’s criminal conviction that is directly related to the occupation or business licensed or registered as defined by M.S. § 364.03, subd. 2, as it may be amended from time to time, provided that the
or registrant cannot show competent evidence of sufficient rehabilitation and present fitness to perform the duties of the licensed or registered occupation or business as defined by M.S. § 364.03, subd. 3, as it may be amended from time to time; or
(5) Conducting the licensed or registered business or occupation in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the community.
(b) Notice and hearing. A revocation or suspension by the City Council shall be preceded by written notice to the
or registrant and a hearing. The notice shall give at least eight days’ notice of the time and place of the hearing and shall state the nature of the charges against the
or registrant. The notice shall be mailed by regular mail to the
at the most recent address listed on the application.
(Added by Ord. 93-23, passed 4-26-1993; recodified by Ord. 95-13, passed 8-7-1995; added by Ord. 97-18, passed 5-5-1997; deleted and added by Ord. 2007-18, passed 5-7-2007; amended by Ord. 2008-15, passed 5-5-2008; Ord. 2011-2, passed 1-24-2011)
A violation of this Division X shall be a misdemeanor under state law. Civil penalties shall be subject to assessment pursuant to § 12.15 of the City Charter and § 1.19 of this city code. However, nothing in this Article IV shall be construed to limit the city’s other available legal remedies for any violation of the law, including without limitation, licensing sanctions, criminal, civil and injunctive actions. In addition, violations or failure to pay civil fines may result in future license or registration ineligibility.
(Added by Ord. 93-23, passed 4-26-1993; recodified by Ord. 95-13, passed 8-7-1995; added by Ord. 97-18, passed 5-5-1997; amended by Ord. 2007-18, passed 5-7-2007)
If any section, subsection, sentence, clause or phrase of this Division X is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Division X. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentences, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
(Added by Ord. 93-23, passed 4-26-1993; recodified by Ord. 95-13, passed 8-7-1995; added by Ord. 97-18, passed 5-5-1997)
The purpose of this Division Y is to regulate the sale of
in order to protect the health, safety and welfare of the general public. The City Council makes the following findings regarding the need to license and regulate the sale, distribution, storage and display of fireworks permitted under state law.
(a) Consumer fireworks contain pyrotechnic chemical compositions that are combustible; accordingly, the unregulated accumulation, storage, display and sale of these items present a fire safety hazard.
(b) The improper disposal of consumer fireworks presents environmental hazards.
(c) Regular inspection, sampling and testing of the consumer fireworks being offered for sale is necessary to assure compliance with the limitations set forth in M.S. § 624.20, subd. 1(c), as it may be amended from time to time, as to chemical content.
(d) Regular police inspections are necessary to prevent the sale of these materials to minors.
(e) Regular inspections by the City Fire Marshal are necessary to prevent improper display, storage and disposal of consumer fireworks.
(f) Accurate information concerning the addresses and locations of
dealing in
in the city is necessary to facilitate the inspection of the premises for compliance with necessary safety regulations and performance standards and to assist the city in responding to any emergency situation arising out of or adjacent to this
.
(Ord. 93-20, passed 4-26-1993; recodified by Ord. 95-13, passed 8-7-1995; added by Ord. 2002-20, passed 6-3-2002)
The following words and terms, when used in this Division Y, shall have the following meanings unless the context clearly indicates otherwise.
ADULT. A
18 years of age or older.
BUSINESS. The business of selling, storing or displaying any form of .
CONSUMER FIREWORKS SALES FACILITY. A retail facility dealing exclusively with pyrotechnic or related devices and novelties.
GENERAL MERCHANDISING SALES FACILITY. A retail facility having stock and trade that includes non-pyrotechnic merchandise.
ISSUING AUTHORITY. The City of Bloomington License Section.
LICENSED PREMISES. The premises described in the approved license application and approved site plan for the sale, display and storage of .
LICENSEE. The
to whom a license is issued under this Division Y, including any agents or employees of the
.
MOVABLE PLACE OF BUSINESS. A whose physical location is not permanent or is capable of readily being moved or changed, including, without limitation, commercial transactions conducted in whole or in part from motorized vehicles, non-permanent stands, mobile sales kiosks, trailers, tents or carts.
PERMITTED CONSUMER FIREWORKS. Those non-explosive, non-aerial pyrotechnic entertainment devices containing only the limited amounts of pyrotechnic chemical compositions permitted by M.S. § 624.20, subd. 1(c), as it may be amended from time to time.
PERSON. One or more natural persons; a partnership, including a limited partnership; a corporation, including a foreign, domestic or nonprofit corporation; a trust; a political subdivision of the state; or any other business organization.
TRANSIENT MERCHANT. Any
who engages in or transacts any temporary and transient in the city, either in one locality or in traveling from place to place in the city selling merchandise and who, for the purpose of carrying on such , hires, leases, occupies or uses a building, stand, tent, trailer, cart, structure, vacant lot or motor vehicle for the exhibition and sale of such merchandise.
(Ord. 93-20, passed 4-26-1993; recodified by Ord. 95-13, passed 8-7-1995; added by Ord. 2002-20, passed 6-3-2002; amended by Ord. 2003-41, passed 8-18-2003)
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