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(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)
The purpose of this Division Z of the city code is to license
, including
,
,
and
, in order to prevent these businesses from being used as facilities for the commission of crimes and to assure that such businesses comply with basic consumer protection standards, thereby protecting the health, safety and welfare of the community. The City Council makes the following findings regarding the need to regulate
, operating within the city:
(1) Use of the services provided by
provides an opportunity for the commission of crimes and their concealment because such businesses can
and transfer stolen property easily and quickly;
(2) Measures to prevent stolen property from being sold to
are necessitated by the fact that no other level of government regulates this industry or effectively and efficiently identifies criminal activity related to these businesses; and
(3) An automated system of tracking merchandise and secondhand transactions will help city law enforcement officials better regulate current and future
, will decrease and stabilize the costs associated with the regulation of this industry, and will increase the identification of criminal activities in the secondhand industry.
(Ord. 93-24, passed 5-10-1993; recodified by Ord. 95-13, passed 8-7-1995; added by Ord. 2007-18, passed 5-7-2007)
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