A. General Rule: No person, partnership, business entity, or corporation shall operate a rental dwelling or rental dwelling unit in the city without a license. The licensee shall be the owner.
B. Application: Application for a license must be made to the city by the owner upon forms provided by the city. After the city has received a completed application, including all required documentation, and the appropriate fees, the license will be submitted to the city council for consideration. Incomplete applications will be rejected by the city and will not be submitted to the city council.
1. Natural Person: If the applicant is a natural person, the applicant must provide the following information:
a. Name, place, and date of birth.
b. Street residence addresses of where the applicant has lived during the past five (5) years and telephone numbers.
c. Whether the applicant is a citizen of the United States or a resident alien.
d. Whether the applicant has ever been known by a name other than the applicant's name and, if so, the name or names used and information concerning dates and places used.
e. The type, name, and location of every business or occupation in which the applicant has been engaged during the preceding five (5) years and the names and addresses of the applicant's employers and partners, if any, for the preceding five (5) years.
f. Whether the applicant has ever been convicted of a felony, gross misdemeanor, misdemeanor, including violations of a municipal ordinance, but excluding minor traffic violations, directly related to the business for which a license is sought. If so, the applicant must furnish information as to the date, time, place of conviction, and nature of the offenses.
g. A physical description of the applicant.
h. If the applicant does not manage the business, the name of the managers or other persons in charge of the business and all information concerning each of them pursuant to subsections B1a through B1g of this section.
2. Partnership: If the applicant is a partnership, the applicant must provide the following information:
a. The names and addresses of all general and limited partners and all information concerning each general partner pursuant to subsections B1a through B1g of this section.
b. The names of the managing partners and the interest of each partner in the licensed business.
c. A copy of the partnership agreement. If the partnership is required to file a certificate as to a trade name pursuant to Minnesota statutes section 333.01, a certified copy of the certificate must be attached to the application.
d. The applicant's federal tax identification number and Minnesota employer identification number.
e. If the applicant does not manage the business, the name of the managers or other persons in charge of the business and all information concerning each of them pursuant to subsections B1a through B1g of this section.
3. Corporation: If the applicant is a corporation or other organization, the applicant must provide the following information:
a. The name of the corporation or business and the state of incorporation.
b. A copy of the articles of incorporation or association agreement. If the applicant is a foreign corporation, a certificate of authority as required by Minnesota statutes section 303.06 must be attached.
c. The applicant's federal tax identification number and Minnesota employer identification number.
d. The name of the managers or other persons in charge of the business and all information concerning each manager, proprietor, or agent pursuant to subsections B1a through B1g of this section.
e. A list of all persons who control or own an interest in excess of five percent (5%) in such organization or business or who are officers of the corporation or business and all information concerning the persons pursuant to subsections B1a through B1g of this section. This provision, however, does not apply to a corporation whose stock is publicly traded on a stock exchange and the corporation is applying for a license to be owned and operated by it.
4. Additional Information From All Applicants: All applicants must provide the following additional information:
a. Whether the applicant holds a current business or rental license or has ever held a license from any governmental unit, including the city.
b. Whether the applicant has ever had a license in any city or state denied, revoked, or suspended and the reason for the denial, revocation, or suspension.
c. The name of the business, if it is to be conducted under a designation, name, or style other than the name of the applicant and a certified copy of the certificate as required by Minnesota statutes section 333.01.
d. The legal description of the premises to be licensed.
e. If the applicant does not own the business premises, a true and complete copy of the executed lease for the premises.
f. Whether all real estate and personal property taxes that are due and payable for the premises have been paid and, if not paid, the years and amounts that are unpaid.
g. A written declaration by the applicant, under penalty of perjury, that the information contained in the application is true. If the applicant is a corporation, an officer must sign the written declaration. If the applicant is a partnership, a general partner must sign the written declaration. If the applicant is an unincorporated association, the manager or managing officer must sign the written declaration.
h. The criminal history background report required by subsection M of this section.
i. Such other information as the city may require.
5. Property Owner Information:
a. The name, address and complete information of the property owner.
b. The name, address and complete information of at least one officer, manager or director, if the property owner is a business entity.
6. Property Contact Information: For single-family residential dwellings, the license applicant must provide twenty four (24) hour contact information for one person in any of the following categories. For all other types of dwellings, the license applicant must provide twenty four (24) hour contact information for two (2) people in any of the following categories:
a. At least one owner of the rental dwelling or rental dwelling unit;
b. At least one person, if different from the owner, who is responsible for compliance with this and any other code requirement pertaining to the rental dwelling or rental dwelling unit, such as a property manager, who must reside in the Twin Cities' seven (7) county metropolitan area.
c. Any of the owner's agents responsible for management of the rental dwelling or rental dwelling unit, such as a property management company and the name and contact information of a person at the property management company.
d. Any vendors and all vendees, if the rental dwelling or rental dwelling unit is being sold pursuant to a contract for deed.
e. If there is a homeowners' association, the name and contact information of two (2) of the officers of the association.
7. Number And Type Of Units: The license application must contain the number of units and types of units (condominium, apartment, townhome, etc.) within the rental dwelling. If the number or types of units change, the licensee must notify the city.
C. Changes On Application: The licensee must notify the city in writing of any changes to the name(s) provided on the application including, but not limited to, owners, the property management company, property managers, twenty four (24) hour contact information, or agents responsible for management of the rental dwelling or rental dwelling unit. Any changes may result in additional background checks, as required by subsection M of this section, if deemed necessary by the city.
D. Fees: Rental dwelling owners shall pay a fee as set by resolution adopted by the city council. The license fee is not refundable.
E. Insurance Coverage: The applicant must file with the city a certificate of insurance from an insurance company duly licensed and qualified to do business in Minnesota, on a form approved by the city.
1. Coverage Requirements: The insurance policy must provide the following coverage in not less than the amounts hereinafter provided:
a. Comprehensive General Liability:
(1) Bodily injuries, including death resulting therefrom sustained by any one person: one hundred thousand dollars ($100,000.00) and three hundred thousand dollars ($300,000.00) per any one occurrence;
(2) Property damage liability: One hundred thousand dollars ($100,000.00) per occurrence; and
b. Workers' Compensation: Coverage as required by Minnesota statutes section 176.181, subd. 2.
2. Coverage Changes And Cancellation: The applicant may not cancel or change the insurance without fifteen (15) days' prior written notice to the city by certified mail. The certification of insurance must be continuously in effect until fifteen (15) days after receipt of the written notice of cancellation or change, provided however, the certification must not extend for more than two (2) years.
F. Changes In Ownership: A license is nontransferable. If there is a change in the ownership of the rental dwelling or rental dwelling unit, a new license is required.
G. Biennial License: Persons wishing to let rental dwellings or rental dwelling units must make an application to the city on a biennial basis, provide the information required by this chapter and pay the applicable license fee. The license term shall begin on April 1 and expire two (2) years thereafter on March 31.
H. Tenant Register: As a condition of the license, the licensee must, as a continuing obligation, maintain a current register of tenants and other persons who have a lawful right to occupancy of rental dwellings or rental dwelling units. In its application, the applicant must designate the name of the person or persons who will have possession of the register and must promptly notify the city of any change in the identity, address or telephone numbers of such person. The register must be available for inspection by city officials at all times.
I. Display Of License Certificate: The license certificate must be exhibited in a conspicuous place at or near the entrance to the rental dwelling. One license certificate must be displayed for each building.
J. Crime Free Lease Addendum: As a condition of the license, the licensee must use the Minnesota crime free lease addendum or its equivalent, as part of its leases.
K. Compliance With Provisions: An existing license will not be issued or renewed unless the rental dwelling unit and its premises conform to this chapter, the ordinances of the city and the laws of the state, unless a license with conditions is approved that allows time for compliance.
L. Renewal And Late Fees:
1. An application for license renewal must be filed at least sixty (60) days prior to the license expiration date.
2. An applicant who fails to submit a completed renewal application at least sixty (60) days prior to the expiration date shall pay a late fee equal to fifty percent (50%) of the annual fee, in addition to the annual fee.
M. Investigations:
1. Criminal History Background Reports: In order to protect the general welfare of the public for all applications, criminal history background reports from the BCA must be submitted with the application for any owner who has or would have the means to enter rental dwelling units or any manager who has or would have the means within the scope of the individual's duties, to enter rental dwelling units. To satisfy this requirement,
a. An owner who has or would have the means to enter rental dwelling units must provide a copy of a BCA public criminal conviction history report, which must be dated within twenty four (24) months of the date of the application.
b. A manager must provide a BCA public criminal conviction history report and a response from the superintendent of the BCA required by Minnesota statutes section 299C.68, both of which must be dated within twenty four (24) months of the application.
If not a Minnesota resident, a criminal conviction history report from the appropriate government agency in the state of residency is also required.
2. Authorization: At the time of making an initial or renewal license application, the applicant must provide written authorization to the city to investigate all facts set out in the application. The information obtained from the investigation shall be used to assist the police chief in making a recommendation as to whether the applicant should be granted a license. The recommendation may be based on any of the following criteria:
a. Whether the owner or manager subject to the investigation required in subsection M1 of this section was convicted of a crime or offense in the last five (5) years involving or directly relating to the business for which a license is sought; or
b. Whether the owner or manager subject to the investigation required in subsection M1 of this section was convicted of a "background check crime" as defined by Minnesota statutes section 299C.67, subd. 2, or as it may be amended, within the last ten (10) years; or
c. Whether there is a material misrepresentation in the application. (Ord. 1325, 10-24-2016)