§ 14.543  LICENSE AND PLAN REVIEW.
   (a)   License required. No shall establish, maintain, conduct or operate a , or in the city without first obtaining a license to do so as hereafter provided from the . The license must state the number of , camping or beds allowed.
      (1)    review. Any seeking to establish a new, expanded or significantly altered , or must first obtain approval of the reviewed from the city.
      (2)   Annual license. seeking an initial, or to renew a, city-issued license for a , or must renew that license annually on the anniversary date of its initial city approval.
      (3)   Combination license. A desiring to establish a , or on the same parcel of land in connection with one or more of the other uses, need only obtain one license with a single base fee; however, prior to that change or expansion in the use of the property a must be approved by the city and renewed thereafter as an annual license. A separate license for any food establishment(s) and public swimming pool(s) is required per § 14.443 of this code.
   (b)    review application contents. The applicant for a review must make application in writing upon a form provided by the setting forth at least the following:
      (1)   Applicant identification. The full name, mailing address, telephone number, e-mail address and facsimile number of the applicant;
      (2)   Property and business owner identification. The full name, street address, telephone number, e-mail address and facsimile number of both the property owner and the business owner, along with the name of the partnership as registered with the Minnesota Secretary of State;
      (3)   Property . A to-scale detailing the proposed and existing location and dimensions of all sites, recreational camping sites, public swimming pools, permanent buildings, including storm shelters and community buildings, open areas, the location of landforms on the property (lakes, streams, ponds, wetlands, bluffs and the like), the location of all water lines, sewer lines and utility service lines with their connections and hook-ups, the location of all wells, the location of all on-site sewage treatment facilities and distances from all wells and water lines, location and dimensions of all roads (along with the names of the roads) and driveways, and the location of vehicle parking areas on and about the site, lot, field or tract of land upon which the , or is to be located, and any other pertinent site information requested by the ;
      (4)   Sanitation plan. A community sanitation plan detailing the proposed and existing facilities on and about the site, lot, field or tract of land for the construction, alteration or maintenance of a community sanitation building that contains toilets, urinals, sinks, wash basins, slop-sinks, showers, drains or laundry facilities, and identifying the source of water supply, as well as sewage, garbage and waste disposal; except that no toilet facilities shall be required in any which permits only equipped with toilet facilities discharging to water carried sewage disposal systems or municipal sewer;
      (5)   Fire protection plan. The fire protection plan for the residents of the , or ;
      (6)   Lighting plan. The actual or proposed method of lighting the structures and site, lot, field or tract of land upon which the , or is to be located;
      (7)   Calendar of operations. The calendar months of the year which the applicant will operate the , or ;
      (8)   Construction plans. Plans and drawings for new construction or alteration of any structures for which a building permit is required by law, any wells, plumbing or sewage disposal systems;
      (9)   Severe weather plan. The plan for sheltering or the safe evacuation to a shelter of the residents of the , or in times of severe weather conditions. The may require the applicant to construct a shelter if it determines that a safe place of shelter of adequate size is not available within a reasonable distance of the licensed premises on a 24-hour daily basis;
      (10)   On-site management identification. The full names, telephone numbers, residential street addresses, e-mail addresses and facsimile numbers for each of the for the , or ;
      (11)   Lease. A copy of the lease agreement used for the rental of individual on the property along with a copy of the current rental license issued by the city pursuant to Chapter 14, Article VIII of this city code for each individual unit available for rental. The lease must prominently contain a condition stating that failure to maintain the and in compliance with all applicable state laws and regulations, as well as this city code constitutes breach of the lease and may subject the unit and its occupants to eviction from the property; and
      (12)   Other information. Such other information as the City Council, or may require.
   (c)   License application contents.
      (1)   Individual identification. If the applicant is an individual, the full name, date of birth, residential street address, telephone number, e-mail address and facsimile number of the applicant;
      (2)   Partnership identification. If the applicant is a partnership, the full name, date of birth, residential street addresses, telephone number, e-mail address and facsimile number of each partner, along with the name of the partnership as registered with the Minnesota Secretary of State;
      (3)   Corporate identification. If the applicant is a corporation, the full name, date of birth, residential street address, telephone number, e-mail address and facsimile number of each corporate officer, along with the name of the corporation as registered with the Minnesota Secretary of State;
      (4)   Plan changes. The details of any changes to the following plans on record as part of the primary license: property , sanitation plan, fire protection plan, construction plan, lighting plan, severe weather plan and calendar of operations;
      (5)   On-site management identification. The full names, dates of birth, telephone numbers, residential street addresses, e-mail addresses and facsimile numbers for each of the for the , or ;
      (6)   Background check releases. Executed data privacy advisories and consent forms authorizing the release of criminal history from each of the individuals, partners, corporate officers having an interest in the licensed activity, as well as all ;
      (7)   Criminal history. Whether the applicant has ever been convicted of a felony, crime or violation of any ordinance other than a petty misdemeanor, and for such violations the date, state and offense for which convictions were had;
      (8)   Additional license information. The names of the cities and states in which the applicant operates any other , or license and whether the applicant has had a rental housing, , or recreational camping license revoked or denied in the five years before the application date;
      (9)   Worker’s compensation data. Proof of worker’s compensation insurance, as required by M.S. § 176.182, as it may be amended from time to time, and the applicant’s state business tax identification number as required by M.S. § 270C.72, as it may be amended from time to time;
      (10)   Tax payment status. Whether all real estate and personal property taxes that are due and payable for the premises to be licensed have been paid, and if not paid, the years and amounts that are unpaid; and
      (11)   Other information. Such other information as the City Council, or may require.
   (d)   Applicants ineligible. No license issued under this Division E shall be issued to any individual, partnership or corporation where the individual, partnership’s general partner or managing partner, or corporation’s manager, proprietor, corporate officer:
      (1)   Is not 18 years of age or older on the date the license application is submitted to the ;
      (2)   Is not a citizen of the United States and does not have the legal authority to work in the United States;
      (3)   Is not of good moral character or repute;
      (4)   Has had a conviction of any crime that is directly related to the occupation or business being licensed or permitted, as prescribed by M.S. § 364.03, subd. 2, as it may be amended from time to time, and the applicant has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of the occupation or business as prescribed in M.S. § 364.03, subd. 3, as it may be amended from time to time;
      (5)   Has had a registration or license for rental housing, a , or revoked or denied by the city or any other governmental body within five years before the application date;
      (6)   Is not the real party in interest in the business, occupation or development being licensed or permitted;
      (7)   Has knowingly misrepresented or falsified information on the license or permit application;
      (8)   Owes taxes or assessments to the state, county, school district or city that are due and delinquent;
      (9)   Has failed to comply with all relevant statutory, City Charter and ordinance requirements;
      (10)   Has failed to pay all fees, charges or other debts or obligations which are due from the applicant and payable to the city regarding any matter; and
      (11)   Is not in compliance with all ordinance requirements and conditions regarding other city approvals, which have been granted to the applicant for any matter. The may require the removal of illegal nonconforming structures or site characteristics as a condition of a permit, license or Zoning and Building Code approval. Additional requirements for nonconforming structures or site characteristics are set forth in § 21.504 of this code.
   (e)   Locations ineligible. Unless a specific article or division of this chapter provides otherwise, no license or permit in this code shall be granted to the following locations.
      (1)   Taxes due on property. No license or permit 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 licensed activity under Chapters 19 and 21 of this city code unless the business is a legal, nonconforming use.
   (f)   License fee. The fee for a license under this Division E shall be as set forth in § 14.03 of this code. The fee must be submitted at the time the application is filed and any refund shall be in accordance with § 14.15 of this code.
   (g)   License application execution. All applications for a license under this Division E must be signed. If the application is that of a partnership, it must be signed by one of the general partners. If the application is that of a corporation, it must be signed by an officer of the corporation. If the application is that of an unincorporated association, it must be signed by the manager or managing officer thereof.
   (h)   License application verification and consideration. Applications for licenses under this Division E must be submitted to the , who is to verify the information on the application, including ordering a computerized criminal history inquiry on the applicant and any identified managers, or attendants. Prior to any issuance of a license, the application must be routed as follows.
      (1)   Planning Division. The City Planning Division shall conduct an analysis of the property and confirm whether or not the proposed use of the property for the licensed activity is permitted within the zoning district and meets the performance standards set forth in the Zoning Code, thereafter making recommendations of approval, conditional approval or denial.
      (2)    . The shall review the sanitation plan, fire protection plan, lighting plan, construction plan, severe weather plan and any rental agreements, conducting such inspections of the proposed licensed premises as the deems necessary to determine compliance with all applicable codes and regulations.
      (3)   Director of Community Development. After the planning and review, analysis, and any needed inspection of the proposed licensed premises is complete, the Director of Community Development, or the Director’s designee, shall evaluate the application and based upon the criteria and regulations set forth in the city code and applicable state laws or regulations before the may grant or deny the application in accordance with this Division E.
      (4)   Notice of determination. If the 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 ten days of the notice of denial to address and correct the city’s objections serving as a basis for denial hereof, or in the alternative to request an appeal of the determination to the City Council pursuant to subsection (k) below.
   (i)   Issuance.
      (1)    review approval.
         (A)   The application for the plan review approval must be submitted to the with all plans and specifications enumerated above, payment of a fee in an amount prescribed by the city pursuant to § 14.03 of this code.
         (B)   If, while an application for a plan review approval under this Division E is pending, any changes in the plans or other data submitted on the plan review application are contemplated for the intended , or those changes must be immediately and completely reported in writing to the .
         (C)   When the plans and specifications set forth on the review application have been approved by the , and Director of Community Development and all necessary permits and approvals for the development and construction of the site have been obtained and any required bonds posted, the applicant may commence to construct or make alterations of the , or and the appurtenances thereto according to the approved plans and specifications.
         (D)   If an application submitted under this Division E of the code is denied by the and the applicant determines that the objections to the application can be corrected, the applicant may submit for approval a new application addressing the objections within ten days of the notice of denial. In the alternative, the applicant may appeal from the decision of the denying approval of an application as provided in subsection (k) below.
         (E)   When construction has been completed in accordance with approved plans and specifications the shall cause the , or and appurtenances thereto to be inspected by the . When the inspection and report has been made and the finds that all requirements of state law, state rules and regulations and city code, and such conditions of health and safety as the city may require, have been met by the applicant, the shall, upon completion of the necessary investigation and verification of the information on the application, issue notice of the review approval in the name of the city.
         (F)   The fee submitted for the review shall be retained by the city even where the proposed project is not approved and a license is denied to compensate the city for its costs of processing the requested license.
      (2)   Annual license. The fee for the annual license renewal shall be in an amount prescribed by the city pursuant to § 14.03 of this code. An initial license shall only be issued after the has completed an inspection of the premises covered by the license and a report has been made finding that all requirements of city code, applicable state laws, state rules and regulations and such conditions of health and safety as the city may require have been met by the applicant and the required fee has been paid.
   (j)   Expiration and renewal. A license issued under this Division E will expire on the first anniversary of its issuance. An application for renewal of an annual license must be filed with the at least 30 days prior to the expiration date of the license. Late applications will be assessed a late fee in addition to any other criminal or civil penalty.
   (k)   Denial of license. If the denies a license application, the applicant may file a written appeal with the City Council within ten days after notice of the denial and request a hearing before the City Council within a reasonable period of time. The City Council shall affirm, modify or reverse the decision and state the reasons for such action. Grounds for affirming the license denial may include, but are not limited to the following:
      (1)   The city has not been permitted to inspect the premises proposed to be licensed;
      (2)   The license applicant has not met the requirements of the city code or applicable state laws;
      (3)   The applicant is a ineligible for a license pursuant to § 14.08 of this code; or
      (4)   Granting the license will be inimical to the public health, safety or general welfare to create a public nuisance.
   (l)    license. Any application for a must be received by the 14 days prior to the start of the event on forms provided by . Failure to do so will result in a late fee equal to one-half the license fee added to the license fee.
(Ord. 2010-13, passed 5-17-2010; Ord. 2014-9, passed 5-5-2014)