A. New Or Renewal Application Consideration:
1. Action: The city council must take action on each new and renewal license application within a reasonable time following receipt of the recommendation from a city official regarding the application.
2. Procedure: At the city council meeting at which the license application is considered, any person must be provided an opportunity to be heard for or against the license. The city council may then take any of the following actions:
a. Approve the license,
b. Deny the license,
c. Approve the license with reasonable conditions, or
d. Continue the license application for additional information.
3. License With Reasonable Conditions: The city council may add reasonable conditions upon approval of a license, if deemed appropriate.
B. Denial, Suspension, Or Revocation Consideration: At the recommendation of a city official, the city council or its designee may hold a hearing to take action on a rental license to deny, suspend, or revoke a license or to consider other actions against the business. In addition to those grounds enumerated in section 3-2-10 of this code, any license may be denied, suspended, or revoked for one or more of the following reasons:
1. The proposed use does not comply with the zoning code.
2. The proposed use does not comply with a health, building, maintenance, or other provision of this code or state law.
3. The applicant has failed to pay all of the appropriate fees related to the license, or is delinquent on any other city fees.
4. The applicant has made fraudulent statements, misrepresentations, or false statements in the application or investigation for or in the course of the applicant's business.
5. Conviction of the owner or manager who is subject to the investigation required in subsection 4-13-3M1 of this chapter of any crime or offense in the previous five (5) years involving or relating to the business that is licensed or the type of licensed activity and failed to show competent evidence of sufficient rehabilitation and present fitness to perform the duties of the business.
6. Conviction of the owner or manager who is subject to the investigation required in subsection 4-13-3M1 of this chapter 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.
7. Conviction of any person who controls or owns an interest in excess of five percent (5%) in such organization or business or who is an officer of the corporation or business of any crime or offense in the previous five (5) years involving or relating to the business that is licensed or the type of licensed activity and failed to show competent evidence of sufficient rehabilitation and present fitness to perform the duties of the business. This paragraph does not apply to a corporation whose stock is publicly traded on a stock exchange.
8. The applicant's rental license in this city or any other city has been denied, revoked, or suspended by this city or any city, the state, or another government unit within the last five (5) years.
9. The applicant has violated city codes for property maintenance or nuisance activities related to rental properties owned or operated in this city or any other city within the last five (5) years.
10. Failure to allow inspections of the licensed premises, for the purpose of ensuring compliance with the law, at any time it is occupied or open for business.
11. Real estate or personal property taxes on the business premises have become delinquent and the property owner and the applicant are the same person or entity, or have any common ownership between the property owner and the applicant where they are a different person or entity.
12. Violation of any regulation or provision of this code or zoning ordinance applicable to the activity for which the license has been granted, or any regulation or state law that may be applicable.
13. The rental activity has been conducted without a license.
14. Other good cause.
C. Suspension Or Revocation Hearing: A hearing for consideration of suspending or revoking a license will be conducted before the city council or its designee. 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.
1. Final Decision: Following the hearing, the city council or its designee may take any of the following actions:
a. Take no action on the license;
b. Allow the licensed activity to continue but add reasonable conditions to the license;
c. Suspend the license;
d. Revoke the license.
2. Findings: Any actions taken following a hearing shall be adopted by resolution with findings and shall be sent to or served upon the licensee. If the license is suspended, the dates of suspension shall be fixed; if the license is revoked, the effective date of the revocation shall be fixed. The decision by the city council or its designee following a hearing is final.
3. Notification To Tenants: Upon suspension or revocation of a license, the city will notify all affected tenants that the license has been revoked or suspended. (Ord. 1325, 10-24-2016)