A. Grounds For Denial, Suspension Or Revocation: A license or certificate of registration may be revoked, suspended or denied for one or more of the following reasons:
1. The proposed use does not comply with the zoning code.
2. The applicant has failed to pay any of the appropriate fees.
3. The applicant has made fraudulent statements, misrepresentations, or false statements on the application or as part of the background investigation.
4. Conviction of a crime within the past five (5) years of the date of application for any violation of any federal or state statute or regulation, or of any local ordinance, which adversely reflects upon the person's ability to conduct the business for which the license or registration is being sought in a professional, honest, and legal manner, unless the applicant provides competent evidence of sufficient rehabilitation and present fitness to perform the duties of the business. Such violations shall include, but are not limited to, burglary, theft, larceny, swindling, fraud, unlawful business practices, and any form of actual or threatened physical harm against another person.
5. If an applicant has a bad business reputation. Evidence of a bad business reputation shall include, but is not limited to, the existence of more than three (3) complaints against an applicant with the Better Business Bureau, the office of the Minnesota attorney general or other state attorney general's office, or other similar business or consumer rights office or agency, within the preceding twelve (12) months, or three (3) complaints filed with the city against an applicant within the preceding five (5) years.
6. Conducting the business activity in such a manner as to constitute a breach of the peace, menace to the health, safety and welfare of the public, or a disturbance of the peace or comfort of the residents of the city, upon a recommendation of the police chief or an appropriate city official.
7. Actions unauthorized or beyond the scope of the license or certificate of registration.
8. The applicant's license or certificate of registration has been denied, revoked or suspended by the city or another governmental unit in the past.
9. Violation of any regulation or provision of this code or zoning code applicable to the activity for which the license or certificate of registration has been granted, or any regulation or state law that may be applicable.
10. Other good cause. (Ord. 1272, 11-12-2013)
B. Action On License: Before the suspension or revocation of any license, the city must provide written notice informing the licensee of the right to a hearing.
1. Notice: The notice must be served at least twenty (20) days prior to the time and place of the hearing and state the grounds for suspension or revocation. The notice must be served upon the licensee personally or by certified mail to the address listed on the license application.
2. Hearing: A hearing will be conducted before the city council. At the hearing, the licensee has the right to be represented by counsel, the right to respond to the charges, the right to present evidence through witnesses under oath and the right to confront and cross examine witnesses under oath.
3. Final Decision Of The City Council: Following the hearing, the city council may choose to suspend, revoke or take no action on the license. The decision of the city council following a hearing is final.
C. Action On Certificate Of Registration: A certificate of registration may be revoked, suspended or denied by the city clerk following a recommendation of the police chief, based on a reason stated in subsection A of this section. (Ord. 1194, 7-27-2009)