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(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)
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