(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 section.
(2) Exclusive liquor store. No license shall be issued to an exclusive liquor store as defined in M.S. § 340A.101, subd. 10.
(B) Grounds for denial. Grounds for denying the issuance or renewal of a license under this section 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 or has otherwise been adjudicated to have violated a federal, state, or local law, other ordinance, provision, or other regulation relating to the licensed products, but not including possession or sale of licensed products.
(4) The applicant has been convicted of a violation or otherwise adjudicated to have violated this section within the past five years.
(5) 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.
(6) The applicant is a business that does not have an operating officer or manager who is eligible pursuant to the provisions of this section.
(7) 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.
(8) 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) The city shall conduct a background investigation on all new applications and applications to transfer a license. The city may conduct a background and financial check on an application for a renewal of a license if it is in the public interest to do so. If a license is mistakenly issued or renewed to a person, or if a licensee shall subsequent to the issuance of the license become ineligible to hold such license under the criteria contained in this section, such license shall be revoked upon the discovery that the person was or became ineligible for the license under this section and the city shall provide the person with a notice of revocation, along with information on the right to appeal.
(D) 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. Ch. 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. 212, passed 10-17-2022)