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(a) Improper zoning. No
shall be licensed if such enterprise is located on property in any residential zoning district of the city as indicated in Chapter 21 of this code.
(b) Delinquent taxes. No
shall be licensed if such enterprise is located on property on which taxes, assessments or other financial claims to the state, county, school district or city are due and delinquent. In the event a suit has been commenced under M.S. §§ 278.01 through 278.13, as they may be amended by 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.
(1958 Code, § 25.04) (Ord. 162, passed 9-18-1951; Ord. 90-2, passed 1-22-1990; recodified by Ord. 95-13, passed 8-7-1995; Ord. 2010-1, passed 1-4-2010; Ord. 2024-28, passed 11-18-2024)
(a) Display of license. An
license issued shall be posted in a conspicuous place in the premises for which it is used. An
license issued under this Division D must be on the
at all times
are rendered.
(b) Effect of license. An
license issued is only effective for the compact and contiguous space specified in the approved license application. If the licensed premises is enlarged, altered or extended, the licensee shall inform the
.
(c) Transfer of license prohibited. The license issued is for the
and/or 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.
(d) Solicitation of business. A licensed
or
shall not advertise or solicit business in any establishment licensed by the city for
.
(1958 Code, § 139.02) (Ord. 162, passed 9-18-1951; Ord. 74-107, passed 11-18-1974, renumbered to § 139.01; Ord. 87-77, passed 10-16-1987; Ord. 90-2, passed 1-22-1990; recodified by Ord. 95-13, passed 8-7-1995)
All applications under this section shall expire on the first anniversary of issuance of the license. An application for the renewal of an existing license shall be made at least 60 days prior to the expiration date of the license and shall be made in such form as the
requires. If, in the judgment of the City Council, good and sufficient cause is shown by an applicant for the applicant’s failure to submit a renewal application within the time provided, the City Council may, if the other provisions of this Division D are complied with, grant the renewal application.
(1958 Code, § 139.01) (Ord. 162, passed 9-18-1951; Ord. 74-107, passed 11-18-1974, renumbered to § 139.02; Ord. 80-55, passed 12-15-1980; Ord. 90-2, passed 1-22-1990; recodified by Ord. 95-13, passed 8-7-1995)
(a) Suspension or revocation. The City Council may suspend or revoke a license issued pursuant to this Division D 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 Division D 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 by 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 by 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. 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 shall 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.
(1958 Code, § 139.03) (Ord. 74-107, passed 11-18-1974; Ord. 75-62, passed 12-8-1975; Ord. 76-59, passed 12-6-1976; Ord. 81-8, passed 3-9-1981; Ord. 82-38, passed 9-27-1982; Ord. 90-2, passed 1-22-1990; recodified by Ord. 95-13, passed 8-7-1995; Ord. 2008-15, passed 5-5-2008)
A violation of any provision of this Division D shall be a misdemeanor under state law.
(1958 Code, § 139.04) (Ord. 74-107, passed 11-18-1974; Ord. 87-77, passed 10-16-1987; Ord. 90-2, passed 1-22-1990; recodified by Ord. 95-13, passed 8-7-1995)
If any section, subsection, sentence, clause or phrase of this Division D is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Division D. The City Council hereby declares that it would have adopted the ordinance in each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
(1958 Code, §§ 139.03—139.08, 139.12, 139.13, 139.16, 139.17, 139.21) (Ord. 162, passed 9-18-1951; Ord. 74-107, passed 11-18-1974, renumbered to § 139.05; Ord. 90-2, passed 1-22-1990; recodified by Ord. 95-13, passed 8-7-1995)
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