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§ 110.06 PENALTY FOR PROPERTY OWNER.
   It is unlawful for any person to knowingly permit any real property owned or controlled by him or her to be used, without a license, for any business for which a license is required by this chapter.
(2003 Code, § 6.06) Penalty, see § 10.99
§ 110.07 RESPONSIBILITY OF LICENSEE.
   The conduct of agents or employees of a licensee, while engaged in performance of their duties for their principal or employer under the license, shall be deemed the conduct of the licensee.
(2003 Code, § 6.07)
§ 110.08 CONDITIONAL LICENSES.
   Notwithstanding any provision of law to the contrary, the Council may, upon a finding of the necessity therefor, place the conditions and restrictions upon a license as it, in its discretion, may deem reasonable and justified.
(2003 Code, § 6.08)
§ 110.09 RENEWAL OF LICENSES.
   Applications for renewal of an existing license shall be made at least 30 days prior to the date of expiration of the license, and shall contain information as is required by the city. This time requirement may be waived by the Council for good and sufficient cause.
(2003 Code, § 6.09)
§ 110.10 INSURANCE REQUIREMENTS.
   Whenever insurance is required by a section of this chapter, after approval by the Council, but before the license shall be issued, the applicant shall file with the City Clerk a policy or certificate of public liability insurance showing: that the limits are at least as high as required; that coverage is effective for at least the license term approved; and that the insurance will not be cancelled or terminated without 30-days’ written notice served upon the City Clerk. Cancellation or termination of the coverage shall be grounds for license revocation.
(2003 Code, § 6.10)
§ 110.11 LICENSE DENIAL AND FIXING RATES; HEARING.
   (A)   Right to deny. The Council reserves to itself the right to deny any application for a license to operate any business licensed or regulated under this chapter where the business involves service to the public, rates charged for service, use of public streets or other public property by the applicant or the public, or the public health, safety and convenience. The Council may also consider the location of the business in making the determination; provided, however, that before making the determination, the Council shall hold a public hearing thereon pursuant to the notice to interested parties and the public as it may deem necessary or proper in action calling for the hearing.
   (B)   Rates. Where, under specific provisions of this chapter, the Council has reserved to itself the right to fix or approve fees, rates or charges of a licensed or regulated business, the rates shall be uniform for each category or class of service, and no licensee or proprietor of a regulated business shall claim or demand payment in excess thereof.
   (C)   Hearing. Any applicant or licensee under this chapter who challenges denial of a license or rates fixed or approved by the Council shall have a right to a hearing before the Council upon written request therefor. Notice of time, place and purpose of the hearing shall be given to the persons and by means as the Council may determine in calling the hearing.
(2003 Code, § 6.11)
§ 110.12 WITHHOLDING APPROVALS DUE TO DELINQUENCIES OR DEFAULTS.
   (A)   Conditions to city approvals. A license or other city approval or authorization of any kind may be granted only to an applicant who:
      (1)   Has complied with all applicable statutory and ordinance requirements;
      (2)   Has paid all fees, charges, taxes, special assessments and other debts or obligations that are due from the applicant and payable to the city regarding any matter; and
      (3)   Is in compliance with all ordinance requirements and attached conditions regarding other city approvals that have been granted to the applicant for any matter.
   (B)   Waiver. The requirements of the above may be waived in the following circumstances:
      (1)   The applicant or licensee has provided sufficient safeguards to assure payment of debts, fees or compliance with city requirements within a reasonable time after the city approval.
      (2)   Enforcement of the requirements would result in a significant hardship to the applicant through no fault of his or her own or would result in an otherwise unfair situation.
(Ord. 163, passed 7-1-2013)
§ 110.13 CRIMINAL HISTORY BACKGROUND; APPLICANTS TO CITY LICENSES.
   (A)   Purpose. The purpose and intent of this section is to establish regulations to allow law enforcement access to Minnesota's computerized criminal history information for a specified non-criminal purposes of licensing background checks.
   (B)   Criminal history license background investigations. The City Police Department is hereby required, as the exclusive entity within the city, to do a criminal history background investigation on the applicants for the following licenses within the city:
      (1)   Liquor licenses, tobacco licenses, peddler's licenses and any other licenses as may be designated by resolution by the city council from time to time.
      (2)   In conducting the criminal history background investigation in order to screen licensed applicants, the Police Department is authorized to access data maintained in the Minnesota Criminal Bureau of Criminal Apprehension Computerized Criminal History Information System in accordance with Bureau of Criminal Apprehension policy. Any data that is accessed and acquired shall be maintained at the Police Department under the care and custody of the chief law enforcement official or his or her designee. The summary of the results of the computerized criminal history data may be released by the Police Department to the licensing authority, including the city council, the City Manager, the City Clerk or other city staff involved in the license approval process.
      (3)   Before the investigation is undertaken, the applicant must authorize the Police Department by written consent to undertake the investigation. The written consent must fully comply with the provisions of M.S. Chapter 13, at it may be amended from time to time, regarding the collection, maintenance and use of the information. Except for the positions set forth in M.S. § 364.09, as it may be amended from time to time, the city will not reject an applicant for a license on the basis of the applicant's prior conviction, unless the crime is directly related to the license sought and the conviction is for a felony, gross misdemeanor or misdemeanor with a jail sentence. If the city rejects the applicant's request on this basis, the city shall notify the applicant in writing of the following:
         (a)   The grounds and reasons for the denial.
         (b)   The applicant complaint and grievance procedure set forth in M.S. § 364.06, as it may be amended from time to time.
         (c)   The earliest date the applicant may reapply for the license.
         (d)   That all competent evidence of rehabilitation will be considered upon reapplication.
(Ord. 165, passed 12-2-2013) Penalty, see 10.99