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The provisions of state statutes with reference to the definition of terms, applications, granting of licenses or permits, conditions, hours of work and operation and all other matters pertaining to the authority to issue or to refrain from issuing any license or permit are hereby adopted and made a part of this section as if fully set out herein, except as modified herein.
(1994 Code, § 8-1.1)
No person or firm shall deal in, dispose of or engage in trade in any business or in regard to any commodity or service which is listed hereinafter in this title without first having applied for and received a license or permit, having paid the stated fee for said license or permit and having said license or permit displayed as required by this title or other law.
(1994 Code, § 8-1.2) Penalty, see § 10.99
(A) Each application for a license or permit shall be accompanied by a receipt from the City Administrator/Clerk/Treasurer for payment in full of the required fee. The amount of the fee for each particular use shall be indicated in the annual fee schedule. Upon rejection of any application, the City Administrator/Clerk/Treasurer shall refund the amount paid.
(B) If a portion of the license year has expired when the application is made, the amount of the fee shall be prorated for the remainder of such year. In computing such fee, any unexpired remainder or fraction of a month shall be considered as one entire month.
(C) Any part of the fee paid for any license or permit issued shall not be refunded for revocation, suspension or cancellation regardless of whether such action is initiated by the licensee, the city or any other authorized person or agency.
(1994 Code, § 8-1.4)
(A) (1) A license granted under the provisions of this city code may be suspended or revoked by the City Council after written notice to the licensee or permit holder and a hearing is held at an open meeting. The City Council may, if allowed by this city code or by applicable statute or regulation, suspend any license or permit pending a hearing.
(2) At the hearing, the City Council shall determine the proper course of action whether it is revocation, suspension or reinstatement of the license or permit.
(3) The City Council may, in its reasonable discretion, in lieu of conducting a hearing in relation to an alleged violation of a condition of an intoxicating or 3.2% malt liquor license, designate that the hearing be conducted by an appropriate independent hearing examiner. The hearing examiner need not be an administrative law judge and does not need to be assigned by the state’s Office of Administrative Hearings.
(4) Any hearing, whether conducted by the City Council or by an independent hearing examiner appointed by the City Council, shall be conducted pursuant to the provisions of M.S. §§ 14.57 to 14.69, as they may be amended from time to time.
(B) The license of any person who holds a federal retail liquor dealer’s special tax stamp without a license to sell intoxicating liquors at such place of business shall be revoked without notice or hearing.
(C) A license or permit granted under this title may be suspended for any of the following reasons.
(1) In the event that a licensee is convicted of a violation of this title or of any state or federal law relating to the commodity or service so licensed under this code, this person’s license shall be suspended for a period of up to ten days upon the first conviction and for a period of up to 30 days for a second conviction in any five-year period.
(2) In the event that those holding licenses conduct themselves, allow others to conduct themselves or allow the operation of their businesses to continue in a manner which is unlawful, unsightly or detrimental to the general health, safety or welfare of the public, such licensees may be suspended until such conduct or operation has been abated for a period of up to ten days for the first offense and a period of up to 30 days for the second offense.
(3) A license or permit may be suspended for violation of any of the reasons related to the purpose of that license or permit listed herein.
(D) Instead of granting a third suspension for a license or permit, the City Council may revoke the license or permit for any of the foregoing reasons or for any violation of a nature so serious that the Council feels it necessary to employ its power of revocation rather than the lesser power of suspension.
(1994 Code, § 8-1.5) (Ord. 110, passed 10-21-2009)
(A) Any licensee or permit holder who wishes to have a revoked license or permit reinstated shall appear before the City Council to affirm verbally and in writing that reinstatement of license or permit is desired and that any and all of the reasons for the revocation have been abated and will not be allowed repeat.
(B) However, in no case shall any license or permit be reinstated for the sale of beer or intoxicating liquors to a person who is ineligible or to be sold on premises which are ineligible, as defined herein.
(C) Reinstatement of any license or permit after temporary suspension shall become automatic at the end of the period designated herein. But in each case, the holder of said license or permit shall advise the Council in writing of his or her intention to abate such actions which caused the suspension.
(D) Reinstatement of any license or permit after suspension shall be at the discretion of the City Council and subject to all pertinent and related laws, codes and statutes.
(1994 Code, § 8-1.6)
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