(A) Ineligibility.
(1) Moveable place of business. No license shall be issued to a moveable place of business. Only fixed location businesses shall be eligible to be licensed under this chapter.
(2) No license shall be issued to a business located within 300 feet of any public or private elementary, middle, or high school.
(3) Location. Licensed products may only be sold within a retail establishment. No more than 15 licenses may be issued in each City Council District.
(4) Number of licenses. No more than 45 licenses may be issued in the city.
(5) No license may be issued to any establishment in which such sales would be prohibited by state or federal law.
(B) Grounds for denial. Grounds for denying the issuance or renewal of a license under this chapter include, but are not limited to, the following:
(1) The applicant is under the age of 21 years.
(2) The applicant is prohibited by federal, state, or other local law, ordinance, or other regulation from holding a license.
(3) The applicant has been convicted within the past five years for any violation of a federal, state, or local law, other ordinance, provision, or other regulation relating to the licensed products.
(4) The applicant has had a license to sell licensed products suspended or revoked during the 12 months preceding the date of application, or the applicant has or had an interest in another premises authorized to sell licensed products, whether in the city or in another jurisdiction, that has had a license to sell licensed products suspended or revoked during the same time period, provided the applicant had an interest in the premises at the time of the revocation or suspension, or at the time of the violation that led to the revocation or suspension.
(5) The applicant is a business that does not have an operating officer or manager who is eligible pursuant to the provisions of this chapter.
(6) The applicant is the spouse of a person ineligible for a license pursuant to the provision of divisions (B)(2) and (3) of this section or who, in the judgement of the Council, is not the real party in interest or beneficial owner of the business to be operated, under the license.
(7) The applicant fails to provide any information required on the application or provides false or misleading information. Any false statement on an application, or any willful omission of any information called for on such application form, shall cause an automatic refusal of license, or if already issued, shall render any license issued pursuant thereto void and of no effect to protect the applicant from prosecution for violation of this chapter, or any part thereof.
(C) No license shall be granted or renewed for operation on any premises on which real estate taxes, assessments, or other financial claims of the city or of the state are due, delinquent, or unpaid. If an action has been commenced pursuant to the provisions of M.S. Chapter 278, questioning the amount or validity of taxes, the council may, on application by the licensee, 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 unless such one-year period is extended through no fault of the licensee.
(Ord. 2022-1286, passed 12-5-22)