§ 14.156 SANCTIONS FOR LICENSE VIOLATIONS.

   (a)   Suspension or revocation. The City Council may suspend or revoke a license issued pursuant to this Division B for:

      (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 Division B 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.

   (b)   Notice and hearing.

      (1)   Notice to correct conditions relating to a specific newspaper box or courtesy bench . Where the basis for the potential license revocation or suspension is a violation of § 14.153 of this city code and does not go to all of the licensee’s listed structures, the City Traffic Engineer shall mail to the licensee at the address provided on the application by regular mail an order to correct the conditions underlying the violation. The order to correct conditions shall specifically describe the offending conditions, the actions necessary to correct the conditions, establish a date for compliance and inform the licensee of its right to demand administrative review of the order to correct conditions. If the licensee fails to either correct conditions in the manner directed, as verified by the city , or request a hearing within ten days of the date the notice was mailed, such will be deemed an admission that the licensee has substantially breached the terms of the license and consented to the city’s removal and impoundment of the courtesy bench or newspaper rack which is the subject of the order to correct conditions at the owner’s expense. An impoundment fee shall be assessed against each impounded newspaper rack or courtesy bench . Any impounded newspaper rack or courtesy bench that remains unclaimed after ten days shall be considered abandoned property and subject to destruction. If the licensee attempts to comply with the order to correct conditions, it shall so notify the issuing authority within ten days of the date the notice was mailed, provide proof of compliance and pay an inspection fee as set forth in City Code Appendix A.

      (2)   Notice of right to a hearing. In all other cases, the issuing authority shall provide at least eight days’ notice to the licensee of the basis of the potential license suspension or revocation by regular mail to the address provided on the license application and of the time and place of the hearing before the City Council.

   (c)   Removal.

      (1)   Upon revocation of any license, if the licensee fails to promptly remove a courtesy bench or newspaper rack and restore the public right-of-way or public ground , such will be deemed abandonment and consent to the city’s removal and forfeiture of the courtesy bench or newspaper rack . However, such forfeiture shall not excuse licensee from the payment of the cost of removal and storage of said bench or newspaper rack , as well as restoration of the right-of-way.

      (2)   Upon expiration of any license issued under this Division B, the issuing authority shall send written notice of its intent to remove and impound the licensee’s courtesy benches or newspaper racks to the licensee by regular mail to the address provided in the application demanding that the licensee remove the courtesy bench or newspaper rack and restore the public right-of-way or public ground within ten days after mailing of the notice. The licensee’s failure to, within ten days, either remove the courtesy bench or newspaper rack or file an application renewing the license will be deemed abandonment and consent to the city’s removal and forfeiture of the bench or newspaper rack . However, such forfeiture shall not excuse the owner or principal in charge of the newspaper rack or courtesy bench from reimbursing the city for its cost of removal, storage and restoration of the right-of-way.

      (3)   Any newspaper rack or courtesy bench may be ordered removed by the City Traffic Engineer or the Engineer’s designee when necessary to accommodate a private or public construction or repair project. Failure to comply with the order to remove within ten days will be deemed consent to the city’s removal and forfeiture of the bench or rack at the owner’s expense.

      (4)   Any courtesy bench or newspaper rack may be summarily removed by the city where its placement creates a danger to the health, safety and welfare of the public. All such racks or benches shall be stored in a secure location by the city . Written notice of the removal shall be sent to the licensee by regular mail. A reasonable time after the danger or the emergency threat to the public health, safety and welfare ceases to exist the city shall replace the courtesy bench or newspaper rack in its original location at no additional cost to the licensee where that location meets the standards and limitations set forth in this Division B and other applicable laws or regulations. Where the location does not meet applicable standards, an impoundment fee shall be assessed against the newspaper rack or courtesy bench . Failure to reclaim the newspaper rack or courtesy bench within ten days from the date of mailing of the notice of removal, will be deemed abandonment and consent to its destruction.

      (5)   The issuing authority shall send a written order to remove any newspaper rack that has remained empty for a period of 30 continuous days or more. Failure to comply with the order to remove within ten days of its mailing will be deemed consent to the city's removal and forfeiture of the newspaper rack at the owner’s expense. An impoundment fee shall be assessed against each impounded newspaper rack . Any impounded newspaper rack that remains unclaimed after ten days shall be considered abandoned property subject to destruction.

(1958 Code, § 140.07) (Ord. 66-46, passed 8-1-1966; Ord. 87-77, passed 10-16-1987; Ord. 94-47, passed 8-15-1994; recodified by Ord. 95-13, passed 8-7-1995; Ord. 2004-12, passed 4-5-2004; Ord. 2004-31, passed 7-6-2004; Ord. 2008-15, passed 5-5-2008; Ord. 2021-39, passed 11-29-2021)