(a) License suspension or revocation. Any license granted pursuant to this Division E may be suspended or revoked for cause upon reasonable notice and hearing before the City Council. Grounds for suspension or revocation of the license shall include, but not be limited to:
(1) Any violation of the city code or applicable state laws, rules or regulations or failure to permit a required inspection by the city;
(2) Fraud, misrepresentation or false statement contained in a license application;
(3) Fraud, misrepresentation or false statement made in the course of carrying on the licensed or permitted occupation or business;
(4) A licensee’s criminal conviction that is directly related to the licensed activity 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 activity as defined by M.S. § 364.03, subd. 3, as it may be amended from time to time;
(5) Conducting the licensed or permitted 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; or
(b) Notice and hearing. No revocation or suspension shall take effect until the City Council, or a neutral hearing examiner or administrative law judge appointed by the City Council, conducts a hearing on the matter preceded by written notice to the license or permit holder. 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 license or permit holder. The notice shall be mailed by regular mail to the license or permit holder at the most recent address listed on the license or permit application. If the hearing is conducted by a neutral hearing examiner or administrative law judge that appointee must keep a taped transcript of the hearing and shall provide to the City Council copies of all exhibits, memoranda and materials submitted, minutes of the hearing and a copy of the hearing examiner or administrative law judge’s recommendation and the findings of fact and conclusions of law serving as a basis for the recommendation. Any fees associated with the hearing examiner or administrative law judge review shall be shared equally between the city and the licensee. The City Council shall make the final decision to revoke or suspend the license based upon the entire record.
(c) Additional civil and criminal penalties. A violation of this Division E shall be a misdemeanor under state law. In addition, civil penalties may issue pursuant to §§ 1.10 through 1.19, of up to $2,000 per offense, which if left unpaid shall be subject to assessment against the real property subject to this license. Failure to pay civil fines or penalties may result in future license ineligibility. Nothing in this Division E shall be construed to limit the city’s other available legal remedies for any violation of law.
(Ord. 2010-13, passed 5-17-2010)