(a) Individuals ineligible. No original or renewal license under this Division M shall be issued to an applicant who is a natural
if such applicant:
(1) Is not 18 years of age or older on the date the license application is submitted to the
;
(2) Has been convicted of any crime directly related to the occupation licensed as prescribed by M.S. § 364.03, subd. 2, as it may be amended from time to time; and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of a
as prescribed by M.S. § 364.03, subd. 3, as it may be amended from time to time;
(3) Is not of good moral character or repute;
(5) Has knowingly falsified or misrepresented information on the license application;
(6) Is not the real party in interest in the business being licensed;
(7) Owes taxes or assessments to the state, county, school district or city that are due and delinquent; or
(8) Has had an interest in a corporation, partnership, association, enterprise, business or firm that had a
, precious metal or secondhand goods dealer’s license denied or revoked as a result of a violation of law within five years of the date the license application is submitted to the
.
(b) Partnership ineligibility. No original or renewal license under this Division M shall be issued to an applicant that is a partnership if such applicant has any general partner or managing partner:
(1) Who is not 18 years of age or older on the date the license application is submitted to the
;
(2) Who has been convicted of any crime directly related to the occupation licensed as prescribed by M.S. § 364.03, subd. 2, as it may be amended from time to time, and who has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of a
as prescribed by M.S. § 364.03, subd. 3, as it may be amended from time to time;
(3) Who is not a citizen of the United States or a resident alien, or is legally prohibited from working in the United States;
(4) Who is not of good moral character or repute;
(6) Who has knowingly falsified or misrepresented information on the license application;
(7) Who is not the real party in interest in the business being licensed;
(8) Who owes taxes or assessments to the state, county, school district or city that are due and delinquent; or
(9) Has had an interest in a corporation, partnership, association, enterprise, business or firm that had a
, precious metal or secondhand goods dealer’s license denied or revoked as a result of a violation of law within five years of the date the license application is submitted to the
.
(c) Corporate and association ineligibility. No original or renewal license under this Division M shall be issued to an applicant that is a corporation or other organization if such applicant has any manager, proprietor or agent in charge of the business to be licensed:
(1) Who is not 18 years of age or older on the date the license application is submitted to the
;
(2) Who has been convicted of any crime directly related to the occupation licensed as prescribed by M.S. § 364.03, subd. 2, as it may be amended from time to time, and who has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of a
as prescribed by M.S. § 364.03, subd. 3, as it may be amended from time to time;
(3) Who is not of good moral character or repute;
(5) Who has knowingly falsified or misrepresented information on the license application;
(6) Who is not the real party in interest in the business being licensed;
(7) Who owes taxes or assessments to the state, county, school district or city that are due and delinquent; or
(8) Has had an interest in a corporation, partnership, association, enterprise, business or firm that had a
, precious metal or secondhand goods dealer’s license denied or revoked as a result of a violation of law within five years of the date the license application is submitted to the
.
(d) Locations ineligible. The following locations shall be ineligible for a license under this Division M.
(1) Claims due. No license 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
under Chapter 19 or 21 of this code, unless the business is a legal, nonconforming use.
(3) Proximity to sensitive uses. No license shall be granted to any location within 500 feet of a school, city-owned athletic playfield, publicly-owned park, playfield, recreational area or open space. In the case of a school or playfield facility, the distance shall be measured in a straight line without regard to intervening structures or objects from the lot on which the establishment to be licensed is located to the nearest point of the lot on which the school or playfield is located. A location for which a license was lawfully granted prior to 2007, and at which a licensee has been in continuous operation, is not ineligible for a license by reason of proximity to a school or playfield facility.
(4) Limitation on number of licenses issued. No license shall be granted when the issuance thereof would increase the number of such licenses outstanding and in force at that time to more than one per each 50,000 inhabitants or fraction thereof residing in the city according to the most recent United States Census data. A location for which a license was lawfully granted prior to 2007, and at which a licensee has been in continuous operation, is not ineligible for a license by reason of this restriction. However, this section of code shall not be construed to vest in any licensee the right to hold a semi-exclusive license in that the City Council reserves the right, by properly adopted ordinance, to increase the number of licenses at any time.
(1958 Code, § 143.19) (Ord. 37, passed 8-7-1961; Ord. 41, passed 9-6-1961; recodified by Ord. 95-13, passed 8-7-1995; Ord. 97-16, passed 5-5-1997; Ord. 98-27, passed 6-15-1998; Ord. 2007-17, passed 4-9-2007; Ord. 2007-18, passed 5-7-2007; Ord. 2010-1, passed 1-4-2010)