A. Violation:
1. Any license issued under this chapter may be subject to enforcement action at the discretion of the City Council for violation of any of the following:
a. Fraud, misrepresentation, or incorrect statements on the application form.
b. Fraud, misrepresentation, or false statements made during the course of the license activity.
c. Subsequent conviction of any offense for which granting of a license could have been denied under this chapter.
d. Violation of any provision of this chapter or other provisions of the city code.
2. A separate offense shall be deemed to have been committed upon each day during on or which a violation occurs or continues.
B. Suspension And/Or Revocation:
1. Notice:
a. A licensee shall be given written notice sent via first class U.S. mail of a suspension or revocation action stating the charges against the licensee and the right to request a hearing to appeal the suspension or revocation.
b. The notice shall provide the following information:
(1) State the alleged violation(s).
(2) Inform the licensee that the city council will consider suspending or revoking the license.
(3) Identify the date, time, and location of the hearing.
2. Hearing:
a. A hearing shall be scheduled within thirty (30) days from the date of the notice to the licensee is issued.
b. The hearing shall be conducted by the city council.
c. The licensee shall be provided opportunity to refute the alleged violations, to plead for retention of the license, or to justify the actions for which the city is seeking to suspend or revoke the license, including the cross examination of witnesses that testify against the licensee and the right to produce witnesses on their behalf.
d. The city council shall give full consideration to all evidence presented during the hearing and make a determination whether to suspend or revoke a license as opf a specific date by adoption of a resolution based on a finding that a violation has occurred.
e. The city clerk shall notify the applicant of the city council decision stating, in detail, the reasons for the action within ten (10) days of the close of the hearing via first class U.S. Mail.
3. Appeal: Any person whose license is suspended or revoked following a hearing by the city council shall have the right to appeal that decision to Court of Appeals.
C. Criminal Penalties:
1. Any person who fails to comply with any provision of this chapter shall be deemed to have committed a penal violation.
2. The penalty for violation of this chapter shall be a misdemeanor per Minnesota Statutes 412.231.
D. Rights Reserved: The city reserves the right to all means of administrative, civil, and/or criminal enforcement for violations of the provisions of this chapter.
(Prior Code § 7-11-12; amd. Ord. 2024-07, 6-24-2024)