(a) Temporary suspension. The Health Authority, with the approval of the City Manager, shall immediately suspend the license of any food establishment, lodging establishment or public pool for the violation of any terms of this Article V if such violations constitute an imminent public health hazard. Upon notification by the Health Authority of a temporary suspension of license, by posting of the report as set forth at the time of the inspection, the licensee must immediately cease operation. The licensee may appeal the temporary suspension in writing to the City Council. Upon notification in writing by the licensee to the Health Authority that all violations for which the temporary suspension was invoked have been corrected, the Health Authority will reinspect the food establishment, lodging establishment or public pool within two city business days or other reasonable agreed upon length of time. If all violations constituting the grounds for the temporary suspension have been corrected, the Health Authority will immediately terminate the suspension. The Health Authority shall not suspend a license if the violation or violations constituting an imminent public hazard can be eliminated or removed immediately.
(b) Suspension or revocation. The City Council may suspend or revoke a license issued pursuant to this Article V 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 business;
(3) Any violation of this Article V or state law;
(4) A licensee’s criminal conviction that is directly related to the occupation or business licensed as defined by M.S. § 364.03, subd. 2, as it may be amended from time to time; provided that the licensee cannot show competent evidence of sufficient rehabilitation and present fitness to perform the duties of the licensed 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 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.
(c) Notice and hearing. A revocation or suspension by the City Council shall be preceded by written notice to the licensee and a hearing. The notice shall give at least eight days’ notice of the time and place of the hearing and state the nature of the charges against the licensee. The notice shall be mailed by regular mail to the licensee at the most recent address listed on the license application.
(Ord. 87, passed 8-20-1956; recodified by Ord. 95-13, passed 8-7-1995; deleted by Ord. 2001-49, passed 11-19-2001; added by Ord. 2007-9, passed 2-26-2007; Ord. 2008-15, passed 5-5-2008; Ord. 2019-14, passed 2-4-2019)