A. Investigation: At the time of making application, the applicant shall, in writing, authorize the police department to investigate all facts set out in the application and do a personal background and a criminal record check on the applicant. The applicant shall further authorize the police department to release information received from such investigation to the city council. Should the city council deny the applicant the request for a license, due partially or solely to the applicant's prior conviction of a crime, the city council shall notify the applicant in writing of the following information:
1. The grounds and reasons for the denial;
2. The applicable complaint and grievance procedure as set forth in Minnesota statutes, section 364.06;
3. The earliest date the applicant may reapply for a license; and
4. That all competent evidence of rehabilitation will be considered upon reapplication.
B. Hearing Requirements:
1. Public Hearing Required: A public hearing shall be required for any new application or amendment application for the purpose of permanently expanding the licensed premises.
2. Hearing On Renewal Applications And Amendment Applications Other Than Expansion Of Licensed Premises: The council may choose to hold a public hearing prior to amendment or renewal of any license where opportunity may be given to any person to be heard for or against the granting of a renewal license. Such hearing shall take place not less than ten (10) nor more than thirty (30) days after the date for submitting renewal applications. Upon request of such hearing, the clerk shall cause to be published in the official newspaper ten (10) days in advance, a notice of hearing to be held by the council, setting forth the day, time and place when the hearing will be held and the names of all renewal applicants.
3. Notice Of Hearing: Upon receipt of the written report and recommendation by the police department, and within twenty (20) days thereafter, the clerk shall cause to be published in the official newspaper ten (10) days in advance, a notice of hearing to be held by the council, setting forth the day, time and place when the hearing will be held; the name of the applicant; the premises where the business is to be conducted; the nature of the business and such other information as the council may direct.
4. Conduct Of Hearing: At the hearing, opportunity shall be given for persons to be heard for or against the granting of the license.
5. Exception: The provisions of this section are not applicable to applications for temporary licenses.
C. Granting License: After such investigation and hearing, the council shall grant or refuse the application in its discretion.
D. Issuance:
1. License For Premises Described In Application: Each license shall be issued to the applicant only for the premises described in the application.
2. License Period, Expiration: Each license shall be issued for a maximum period of one year. All 3.2 percent malt liquor licenses, except temporary licenses, expire on June 30 of each year, and all intoxicating liquor licenses, except temporary licenses, expire on December 31 of each year. Temporary licenses shall expire according to their terms.
3. Premises Under Construction: Where a license is granted for premises where the building is under construction or otherwise not ready for occupancy, the clerk shall not issue the license until notified by the building inspector that the building is ready for occupancy.
E. Report To State: The clerk shall, within ten (10) days after the issuance of any license under this section, submit to the commissioner of public safety the full name and address of each person granted a license, the true name, the effective license date, and the date of expiration of the license. He shall also submit to the commissioner of public safety any change of address, transfer, cancellation or revocation of any license by the council during the license period.
F. Transfer:
1. Each license shall be issued only for the licensee and premises described in the application. No license may be transferred to another person or to another place without the approval of the council;
2. Licenses issued to corporations shall be valid only so long as there is no change in the officers or ownership interest of the corporation, within the meaning of section 3-1-4 of this chapter unless such change is approved by the council via amendment.
3. Licenses issued to associations or partnerships shall be valid only so long as there is no change in the partnership or association agreement or in the ownership of said partnership or association unless such change is approved by the council via amendment.
4. Any transfer of the license or a transfer of stock or interest in excess of ten percent (10%) or where a transfer results in any party acquiring an interest which, together with that of a spouse, parent, brother, sister or child, exceeds ten percent (10%), without council approval is grounds for revocation of the license. (Ord. 2015-06, 7-7-2015)