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(a) Verification. Applications for a license under this Division Y shall be submitted to the
who shall verify the information on the application form. The
is empowered to conduct any and all investigations to verify the information on the application, including ordering a computerized criminal history inquiry and/or a driver’s license history inquiry on the applicant.
(b) Consideration. After verifying the information contained on the license application, the
shall then route the application to the City Fire Prevention Division which shall review the site plan and determine if the manner of storage, display or sales area of the
constitutes a fire or safety hazard. In assessing the potential hazard, reference shall be made to all applicable state and federal laws, rules and regulations, as well as the administrative standards for the storage, display and sales of
established by the Fire Marshal including the most recent National Fire Protection Association Standard as adopted by the State of Minnesota. If the Fire Prevention Division finds no such hazard with the proposed site plan, the
shall grant the license in accordance with this Division Y. If an application is granted for a location where a building is under construction or not ready for occupancy, the license shall not be delivered to the
until a certificate of occupancy has been issued for the
.
(c) Denial of application. If the application is denied, the
shall notify the applicant of that 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 the date of the notice to request an appeal of the denial 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 thereafter.
(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; Ord. 2008-15, passed 5-5-2008)
(a)
ineligible. No original or renewal license under this Division Y shall be issued to an applicant who if such applicant or any manager, proprietor or agent in charge of the
to be licensed:
(1) Is not 18 years of age or older on the date the license application is submitted to the
;
(2) Has been convicted of any crime directly related to the occupation licensed as prescribed by M.S. § 364.03, subd. 2, as it may be amended from time to time, and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of a purveyor of
as prescribed by M.S. § 364.03, subd. 3, as it may be amended from time to time;
(3) Is not of good moral character or repute;
(4) Has knowingly falsified or misrepresented information on the license application;
(5) Is not the real party in interest in the
being licensed; or
(6) Owes taxes or assessments to the state, county, school district or city that are due and delinquent.
(b) Locations ineligible. The following locations shall be ineligible for a license under this Division Y.
(1) Claims due. No license shall be granted or renewed for operation on any property on which taxes, assessments or other financial claims of the state, county, school district or city are past due, delinquent or unpaid. In the event a suit has been commenced under M.S. §§ 278.01 through 278.13, as they may be amended from time to time. questioning the amount or validity of taxes, the City Council may on application waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof which remain unpaid for a period exceeding one year after becoming due.
(2) Improper zoning. No license shall be granted if the property is not properly zoned for the activity being licensed under Chapter 21 of this code, unless the
is a legal, nonconforming use.
(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. 2007-17, passed 4-9-2007; Ord. 2010-1, passed 1-4-2010; Ord. 2024-28, passed 11-18-2024)
(a) License display. A license issued under this Division Y must be posted in a conspicuous place in the premises for which it is used. The license issued is only effective for the compact and contiguous space specified in the approved license application.
(b)
. A separate license is required for each place of
.
(c) Change in ownership. Any change, directly or beneficially, in the ownership of the licensed
shall require the application for a new license and the new owner must satisfy all current eligibility requirements.
(d) Non-transferable. Each license under this Division Y shall be issued to the applicant only and shall not be transferable to any other
. No
shall loan, sell, give or assign a license to another
.
(e) Location restrictions. A license under this Division Y authorizes the
to carry on its
only at the permanent place of
designated on the license. However, upon written request, the city may approve an off-site locked and secured storage facility. Such a site must meet all city zoning requirements and must have the written approval of the city’s Fire Prevention Division. The
shall permit inspection of the facility in accordance with this Division Y. Property shall be stored in compliance with all provisions of the city code and in compliance with the standards established by the city’s Fire Prevention Division. The
must either own the building in which the
is conducted, and any approved off-site storage facility, or have a lease on the
premises which extends for more than six months. No retail
transactions shall be conducted at this off-site storage site.
(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)
(a) Prohibited transactions. No
, clerk, agent or employee thereof shall sell, distribute or furnish any
to a
under the age of 18 years, any
who is obviously intoxicated, chemically impaired or incompetent, or any
who fails to present competent age identification in the form of a current, valid Minnesota driver’s license, current, valid state identification card or current, valid photo driver’s license or photo identification issued by another state or a province of Canada.
(b) Inspection of items. The
must, at all times during the term of the license, allow the authorized agents of the City Police Department, the City Fire Marshal or
to enter the premises where the licensed
is located, including all display areas, storage areas and all approved off-site storage facilities, during normal
hours, or beyond normal
hours where the inspector determines an emergency situation exists, for the purpose of inspecting such premises and inspecting the items, ware and merchandise therein for the purpose of verifying compliance with the requirements of this Division Y, and any other applicable state and federal regulations. Upon request, the
must provide a test sample to the inspector for the purpose of verifying the chemical content of the merchandise.
(c) Maintenance of order. A
under this Division Y shall be responsible for the conduct of the
being operated and shall maintain conditions of order.
(d) Smoking prohibited. A
under this Division Y must strictly prohibit any cigarette, cigar or pipe smoking in or around the
and conspicuously post and maintain appropriate “NO SMOKING” signage throughout.
(e) Proper disposal of unsold
. It shall be the responsibility of the
to properly dispose of all unsold
. Any consequential cost to the city for disposal of these goods shall be the ultimate responsibility of the
.
(f) Maintenance of sales and storage areas. Any significant deviation, enlargement or alteration from the approved site plan for the sales display and storage areas covered by the license must be pre-approved in writing by the City Fire Prevention Division.
(g) Confiscation and destruction of illegal fireworks. Any authorized agent of the Police Department or Fire Prevention Division may seize, take, remove or cause to be removed all stocks of fireworks or other combustibles offered or exposed for sale, stored or held in violation of this Division Y or applicable state or federal law. Any consequential cost to the city for disposal of these goods shall be the ultimate responsibility of the
.
(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)
(a) Suspension or revocation. The City Council may suspend or revoke a license issued pursuant to this Division Y for a violation of:
(1) Fraud, misrepresentation or false statement contained in a license application or a renewal application;
(2) Fraud, misrepresentation or false statement made in the course of carrying on the licensed occupation or
;
(3) Any violation of this Division Y or state law;
(4) A
criminal conviction that is directly related to the occupation or
licensed as defined by M.S. § 364.03, subd. 2, as it may be amended from time to time, provided that the
cannot show competent evidence of sufficient rehabilitation and present fitness to perform the duties of the licensed occupation or
as defined by M.S. § 364.03, subd. 3, as it may be amended from time to time;
(5) Conducting the licensed
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; or
(6) Any significant unauthorized deviation, enlargement or alteration of the approved site plan for the storage and sales display areas of the
shall, in and of itself, constitute a basis for license revocation.
(b) Notice of hearing. A revocation or suspension by the City Council shall be preceded by written notice to the
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
. The notice shall be mailed by regular mail to the
at the most recent address listed on the license application.
(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. 2008-15, passed 5-5-2008)
A violation of this Division Y shall be a misdemeanor under state law.
(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)
If any section, subsection, sentence, clause or phrase of this Division Y is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Division Y. The City Council hereby declares that it would have adopted the 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.
(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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