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(a) Penalty. Unless otherwise specified in this chapter, when a
fails to submit an application for a license or permit before opening a business or conducting an event for which a license or permit is required, the
shall not be issued a license except upon payment of the required license fee and a penalty fee equal to 10% of the original license fee; if the business has been in operation more than 30 days, a penalty equal to 20% of the original license fee shall be applied; and, a penalty equal to 30% of the original license fee shall be applied to a license if the business has been in operation more than 60 days.
(b) Interest. No interest shall be charged by the city in addition to the penalties herein described.
(1958 Code, § 125.06) (Ord. 67-67, passed 12-18-1957, renumbered to § 125.09; Ord. 74-93, passed 11-18-1974, renumbered to § 125.11; Ord. 94-5, passed 1-24-1994; recodified by Ord. 95-13, passed 8-7-1995)
§§ 14.11.01—14.11.04 RESERVED.
Unless otherwise specified in this code, a licensee and permittee shall comply with the following restrictions as conditions on the issuing of the license or permit.
(a) Posting of license or permit. A license or permit shall be posted in a conspicuous place in the premises for which it is used.
(b) Compliance with applicable laws. The licensee or permittee shall at all times comply with all laws, both state and local, and regulations applicable to the business or function.
(c) Inspections. The licensee or permittee shall allow all reasonable inspections of the business or function by the city as is authorized in § 14.13 of this chapter and other laws.
(d) Transfer of license or permit prohibited. A license or permit issued pursuant to this code is for the
and the premises named on the approved license application. No transfer of a license shall be permitted from place to place or from
to
without complying with the requirements of an original application, except in the case in which an existing licensee or permittee is merely changing a business or corporate name or in the case in which an existing noncorporate licensee is incorporating and the incorporation does not affect the ownership or control of the business or function.
(e) Illegal discrimination. A license or permit holder shall not commit an unfair discriminatory practice that violates the Minnesota Human Rights Act, M.S. Chapter 363A, as it may be amended from time to time.
(1958 Code, § 129.01) (Ord. 74-97, passed 11-18-1974; deleted by Ord. 92-66, passed 12-21-1992; recodified by Ord. 95-13, passed 8-7-1995)
(a) Inspections. The
, license examiner, police officers, health inspectors and internal auditors are hereby authorized to make inspections and examinations of licensees and permittees and the premises on which licensed and permitted businesses operate as are reasonably necessary to the enforcement of this code.
(b) Citations. The
is hereby authorized to issue written notices or citations for the purpose of enforcing the provisions of this code.
(Recodified by Ord. 95-13, passed 8-7-1995)
(a) Suspension or revocation. The City Council may suspend or revoke a license or permit issued pursuant to this code for a violation of:
(1) Fraud, misrepresentation or false statement contained in a license or permit application or a renewal application;
(2) Fraud, misrepresentation or false statement made in the course of carrying on the licensed or permitted occupation or business;
(3) Any violation of this Article I or state law;
(4) A license or permit holder’s criminal conviction that is directly related to the occupation licensed or permitted as defined by M.S. § 364.03, subd. 2, as it may be amended from time to time, provided that the license or permit holder cannot show competent evidence of sufficient rehabilitation and present fitness to perform the duties of the licensed or permitted occupation as defined by M.S. § 364.03, subd. 3, as it may be amended from time to time; and
(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.
(b) Notice and hearing. A revocation or suspension by the City Council shall be preceded by written notice to the license or permit holder 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 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.
(Recodified by Ord. 95-13, passed 8-7-1995; amended by Ord. 2008-15, passed 5-5-2008)
(a) Reasons for refund. Upon a written request of the licensee or permit holder and upon the surrender of the license or permit, a refund of a license or permit fee paid shall be paid by the city if one or more of the following conditions are met:
(1) The licensed premises is destroyed by fire, windstorm, flood, hail or other natural catastrophe;
(2) The termination of a month-to-month tenancy or a tenancy at will through no fault or neglect of the license or permit holder;
(3) The death of the license or permit holder;
(4) The business or operation is sold and a new operator qualifies for a license or permit;
(5) The business permanently ceases the operations for which license or permit was had;
(6) A change in status of the city or change of ordinances or statutory requirements making continued operation of the licensed activity impossible;
(7) The loss through eminent domain proceedings of the licensed premises or so much thereof as to render continued operation of the licensed business impractical; and/or
(8) The physical or mental incapacity which renders the licensee or permittee incapable of operating the licensed business, provided that the cause of such incapacity occurred or commenced after the issuance of the licenses or permits.
(b) Calculation. Refunds of licensee or permit fees shall be calculated on a monthly basis, but shall not exceed 50% of the license or permit fee except that the city shall refund the exact sums of money paid for a license or permit fee that are excessive by reason of a mathematical error or errors in method of calculations of such fee. No refund of special event licenses shall be granted.
(1958 Code, § 129.04) (Ord. 158, passed 11-21-1958; Ord. 74-97, passed 11-18-1974, renumbered to § 129.03; Ord. 75-62, passed 12-8-1975; Ord. 76-59, passed 12-6-1976; Ord. 87-77, passed 10-16-1987; deleted by Ord. 92-66, passed 12-21-1992; recodified by Ord. 95-13, passed 8-7-1995)
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