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(a)
. The application for a license for the business of selling Christmas trees at retail shall be made to the City Fire Marshal on forms provided by the city. The City Fire Marshal shall inspect the premises and approve the location, and issue any orders to achieve compliance with state and local laws. Notwithstanding any provision of Chapter 21 of this code to the contrary, the Building and Inspection Division Manager is authorized to grant a conditional use permit without notice and without any action of the Planning Commission or the City Council for the business of selling Christmas trees at retail. However, such conditional use permit shall be granted only in areas zoned industrial or commercial, or upon property owned by a religious, charitable or nonprofit corporation or a political subdivision. No such conditional use permit shall be granted until the City Fire Marshal has approved the location of the
.
(b)
. Within a reasonable period after the completion of the license verification process by the City License Section, the City License Section shall accept or deny the license application in accordance with this Division O. If the application is denied, the City License Section shall notify the applicant of the determination in writing. The notice shall be mailed by regular mail to the applicant at the address provided in the application and it shall inform the applicant of the applicant’s right, within 20 days after receipt of the notice by the applicant, to request an appeal of the City License Section’s determination to the City Council. If an appeal to the City Council is timely received by the City License Section, the hearing before the City Council shall take place within a reasonable period of receipt of the appeal by the City License Section.
(1958 Code, § 142.04) (Ord. 69-8, passed 1-20-1969; Ord. 74-110, passed 11-18-1974, renumbered to § 142.03; recodified by Ord. 95-13, passed 8-7-1995; amended by Ord. 2008-15, passed 5-5-2008; Ord. 2010-1, passed 1-4-2010; Ord. 2024-28, passed 11-18-2024)
(a) Notice of completion of sale. When a
is completed, a notice of completion shall be filed with the City License Section specifying the date of completion. No
shall continue for a period longer than that provided for by this Division O. Within five days after Christmas Day, all trees and parts thereof, and all materials and equipment used for a
shall be removed from the licensed premises and from any area surrounding said premises.
(b) Parking and setbacks for
. All lots used for the retail sale of Christmas trees shall provide sufficient off-street parking for customers. Such parking areas shall be shown on a plat or sketch accompanying the application. All displays of trees and other structures or displays shall be not nearer than 40 feet from the street right-of-way line.
(c) Illumination for
. In the event that the lot used for the sale of Christmas trees is to be illuminated artificially, the electrical facilities provided shall comply with the state and local laws governing such electrical equipment. All lights shall be so directed so as not to create a glare on the traveled portion of any public street or upon any residentially used property.
(1958 Code, § 142.05) (Ord. 69-8, passed 1-20-1969; Ord. 74-110, passed 11-18-1974, renumbered to § 142.04; Ord. 80-55, passed 12-15-1980; 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 O 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 O 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. 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, § 142.05) (Ord. 74-110, passed 11-18-1974; recodified by Ord. 95-13, passed 8-7-1995; Ord. 2008-15, passed 5-5-2008)
A violation of this Division O shall be a misdemeanor under state law.
(1958 Code, § 142.06) (Ord. 74-110, passed 11-18-1974; Ord. 87-77, passed 10-16-1987; recodified by Ord. 95-13, passed 8-7-1995)
If any section, subsection, sentence, clause or phrase of this Division O is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Division O. 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, § 142.07) (Ord. 74-110, passed 11-18-1974; recodified by Ord. 95-13, passed 8-7-1995)
The City Council finds that
and
can present fire hazards and other local health and safety concerns. The City Council finds that by licensing such uses, the city is provided with a current list of the addresses and locations of the
and
operating in the city, thus facilitating the inspection of the uses under the Uniform Fire Code and any response to emergency situations.
(1958 Code, § 142.06) (Ord. 68-96, passed 11-18-1968; Ord. 74-110, passed 11-18-1974, renumbered to § 142.08; recodified by Ord. 95-13, passed 8-7-1995)
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