(A) Ineligibility.
(1) Moveable place of business. No license under this chapter shall be issued to a moveable place of business. Only fixed location businesses shall be eligible to be licensed under this chapter.
(2) Financial delinquencies. No license shall be granted or renewed for operation on any premises on which real estate taxes, assessments, or other financial claims of the city or of the state are due, delinquent, or unpaid. If an action has been commenced pursuant to the provisions of M.S. Ch. 278, as the same may be amended, questioning the amount or validity of taxes, the Council may, on application by the licensee, 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 unless such one-year period is extended through no fault of the licensee.
(3) Zoning ordinance applies. No license shall be issued for a location not zoned for the sales proposed by the applicant.
(B) Grounds for denial. Grounds for denying the issuance or renewal of a license under this section include, but are not limited to, the following:
(1) The applicant, or any owner of an applicant that is not a natural person, is under the age of 21 years.
(2) The applicant is prohibited by federal, state, or other local law, ordinance, or other rule or regulation from holding a license.
(3) The applicant has been convicted within the past five years for any:
(a) Violation of a federal, state, or local law relating to the licensed products or any controlled substance law; or
(b) Misdemeanor or felony, including alcohol-related driving offenses but excluding other traffic offenses.
(4) The applicant has had a license to sell licensed products suspended or revoked during the 12 months preceding the date of application, or the applicant has or had an interest in another premises authorized to sell licensed products, whether in the city or in another jurisdiction, that has had a license to sell licensed products suspended or revoked during the same time period, provided the applicant had an interest in the premises at the time of the revocation or suspension, or at the time of the violation that led to the revocation or suspension.
(5) The applicant has had any license issued by the city or any other jurisdiction suspended or revoked during the 12 months preceding the date of application, or the applicant has or had an interest in another premises, whether in the city or in another jurisdiction, that has had a license suspended or revoked during the same time period, provided the applicant had an interest in the premises at the time of the revocation or suspension, or at the time of the violation that led to the revocation or suspension.
(6) The applicant is a business that does not have an operating officer manager, proprietor, or other agent who is eligible pursuant to the provisions of this section.
(7) The applicant is the spouse of a person ineligible for a license pursuant to this section or who, in the judgement of the City Council, is not the real party in interest or beneficial owner of the business to be operated, under the license.
(8) The applicant fails to provide any information required on the application or provides false or misleading information. Any false or misleading statement on an application, or any willful omission of any information called for on such application form, shall cause an automatic refusal of license, or if already issued, shall render any license issued pursuant thereto void and of no effect to protect the applicant from prosecution or license denial, revocation, or suspension for violation of this section, or any part thereof.
(9) The proposed licensed premises is located within 300 feet of any school or addiction recovery center. The distances herein referred to shall be measured in a straight line from the nearest property boundary of the licensed premises to the nearest property boundary of the school or addiction recovery center.
(10) A license issued under this chapter shall be for a single fixed location only.
(C) Background check. Upon receipt of an application for a license under this chapter, the city shall conduct a background investigation on all new applications and applications to transfer a license. If a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery of the mistake, and the city shall provide the licensee with a notice of revocation, along with information on the right to appeal.
(Ord. 427, passed 12-12-22)