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No person shall keep for retail sale or wholesale distribution, sell at retail or wholesale, or otherwise supply or furnish as part of a commercial transaction any permitted consumer fireworks without first having obtained a current license hereunder, paid the required license fee and conspicuously posted the license on the licensed premises. Issuance of a license under this chapter shall not relieve the person from obtaining any other licenses required by this code of ordinances, state law or federal law to conduct this or other businesses at the same or any other location.
(1992 Code, § 420:10) (Ord. 1310, passed 4-1-2003; Ord. 1341, passed 5-4-2004) Penalty, see § 111.99
(A) The annual license fee shall be in the amount duly established by the Council from time to time. The license fee shall cover the administrative and enforcement costs, including the conduct of unannounced compliance checks, inspections by the Fire Chief, inspections by the Police Department or other city department, as well as sampling and testing of the merchandise to ascertain chemical content. Full payment of the required license fee shall accompany the application.
(B) When the license is for premises not ready for occupancy, the time fixed for computation of the license fee for the initial license period shall be 90 days after approval of the license or upon the date the building is ready for occupancy, whichever is sooner.
(C) When a new license application is submitted as a result of incorporation by an existing licensee and the ownership, control and interest in the license are unchanged, no additional fee shall be required.
(D) A separate fee and license shall be required for each separate, non-contiguous licensed premises, even if owned and operated by the same licensee. An application for the renewal of an existing license shall be made prior to the expiration date of the license and shall be made in such form as the issuing authority requires.
(E) The annual license expires December 31 of each year.
(F) The annual license fee of each retail seller that is in the business of selling only the permitted consumer fireworks as described by Minn. Stat. § 624.20, Subd. 1(c), as it may be amended from time to time, may not exceed $350, and the annual license fee of each other retail seller may not exceed $100.
(1992 Code, § 420:15) (Ord. 1310, passed 4-1-2003; Ord. 1341, passed 5-4-2004)
An application for a license under this chapter shall be made on a form supplied by the issuing authority and shall contain the following information:
(A) Whether the applicant is a natural person, corporation, partnership or any other business association or organization;
(B) The applicant’s full legal name, mailing address and telephone number;
(C) The street address or legal description of the premises to be licensed and the zoning district;
(D) Whether all real estate and personal property taxes that are due and payable for the premises to be licensed have been paid and, if not paid, the years and amounts that are unpaid;
(E) Whenever the application is for premises either planned or under construction or undergoing substantial alteration, the application shall be accompanied by a set of preliminary plans showing the design of the proposed premises to be licensed. If the plans or design are on file with the City Building and Inspection Division, no plans need be submitted to the issuing authority;
(F) If the applicant does not own the business premises, a true and correct copy of the current, executed lease, as well as the written authorization of the property owner for the applicant’s use of the property for the sale of permitted consumer fireworks;
(G) The applicant’s hours of operation, description of on-site management and parking facilities;
(H) A detailed site plan illustrating and describing the proposed sales and storage areas covered by the license;
(I) The full name, mailing address and telephone number of the person in charge of the licensed premises; and
(J) Such other information as the issuing authority may require.
(1992 Code, § 420:20) (Ord. 1310, passed 4-1-2003; Ord. 1341, passed 5-4-2004)
(A) Verification. Applications for a license under this chapter shall be submitted to the issuing authority who shall verify the information on the application form. The issuing authority is empowered to conduct any and all investigations to verify the information on the application, including ordering a computerized criminal history inquiry and/or a driver’s license history inquiry on the applicant.
(B) Consideration. After verifying the information contained on the license application, the issuing authority shall then route the application to the City Fire Chief which shall review the site plan and determine if the manner of storage, display or sales area of the licensed premises constitutes a fire or safety hazard. In assessing the potential hazard, reference shall be made to all applicable state and federal laws, rules and regulations, as well as the administrative standards for the storage, display and sales of permitted consumer fireworks established by the Fire Chief. If the Fire Chief finds no such hazard with the proposed site plan, the issuing authority shall grant the license in accordance with this chapter; provided, all other requirements of this chapter are met. If an application is granted for a location where a building is under construction or not ready for occupancy, the license shall not be delivered to the licensee until a certificate of occupancy has been issued for the licensed premises.
(C) Denial of application. If the application is denied, the issuing authority shall notify the applicant of that determination in writing. The notice shall be mailed by certified and regular mail to the applicant at the address provided in the application and it shall inform the applicant of the applicant’s right, within 20 days after the date of the notice to request an appeal of the denial to the City Council. If an appeal to the City Council is timely received by the city, the hearing before the City Council shall take place within a reasonable period thereafter.
(1992 Code, § 420:25) (Ord. 1310, passed 4-1-2003; Ord. 1341, passed 5-4-2004)
(A) Persons ineligible. No original or renewal license under this chapter shall be issued to an applicant if such applicant or any manager, proprietor or agent in charge of the business to be licensed:
(1) Is not 18 years of age or older on the date the license application is submitted to the issuing authority;
(2) Has been convicted of any crime directly related to the occupation licensed as prescribed by Minn. Stat. § 364.03, Subd. 2, as it may be amended from time to time, and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of a purveyor of permitted consumer fireworks as prescribed by Minn. Stat. § 364.03, Subd. 3, as it may be amended from time to time;
(3) Is not of good moral character or repute;
(4) Has knowingly falsified or misrepresented information on the license application;
(5) Is not the real party in interest in the business being licensed; or
(6) Owes taxes, assessments, fines or other obligations to the United States, state, county, school district or city that are due and delinquent.
(B) Locations ineligible. The following locations shall be ineligible for a license under this chapter.
(1) Claims due. No license shall be granted or renewed for operation on any property on which taxes, assessments or other financial claims of the United States, state, county, school district or city are due, delinquent or unpaid. In the event a suit has been commenced under Minn. Stat. §§ 278.01 through 278.14, as they may be amended from time to time, questioning the amount or validity of taxes, the City Council may on application 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.
(2) Improper zoning. No license shall be granted if the property is not properly zoned for the activity being licensed under this chapter, unless the business is a legal, non-conforming use.
(1992 Code, § 420:30) (Ord. 1310, passed 4-1-2003; Ord. 1341, passed 5-4-2004)
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