(A) Suspension. The City Council may suspend a license issued pursuant to this chapter for a period not to exceed 30 days for a violation of:
(1) Fraud, misrepresentation, or false statement contained in a license application or a renewal application;
(2) Fraud, misrepresentation, or false statement made in the course of carrying on the licensed occupation or business;
(3) Any violation of this chapter or related state law;
(4) A licensee’s criminal conviction that is directly related to the occupation or business licensed as defined by M.S. § 368.03, Subdivision 2, as it may be amended from time to time, provided that the licensee cannot show competent evidence of sufficient rehabilitation and present fitness to perform the duties of the licensed occupation or business as defined by M.S. § 364.03, Subdivision 3, as it may be amended from time to time; or
(5) Conducting the licensed business or occupation in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to health, safety, or general welfare of the community.
(B) Revocation. The City Council may revoke a license if the City Council determines that:
(1) The licensee’s license was suspended in the preceding 14 months and an additional cause of suspension as detailed in division (A) above is found by the City Council to have occurred within the 14-month period;
(2) The licensee gave false or misleading information in the material submitted to the city during the application process;
(3) The licensee or an employee or independent contractor of the licensee has knowingly allowed possession, use, or sale of controlled substances on the premises;
(4) A licensee or an employee or independent contractor has knowingly allowed prostitution on the premises;
(5) A licensee violated any of the provisions of M.S. § 617.241 through 617.299, as it may be amended from time to time, or any statute in conformity therewith, relating to the illegal distribution, possession or sale of obscene materials;
(6) A licensee or an employee knowingly operated the sexually oriented business during a period of time when the licensee’s license was suspended;
(8) On two or more occasions within a 12-month period, a person or persons has/have committed an offense prescribed in §§ 114.15 and 114.16, in or on the licensed premises, for which a conviction has been obtained, and the person or persons were employees or independent contractors of the licensee at the time the offenses were committed;
(9) A licensee or an employee or independent contractor has knowingly allowed specified sexual activities to occur in or on the licensed premises; or
(10) A licensee is delinquent in payment to the city, county, state or federal governments for hotel, occupancy, taxes, ad valorem taxes, sales taxes, or other financial obligations.
(C) Appeal. The fact that a conviction is being appealed shall have no effect on the revocation of the license.
(D) Notice of hearing. A revocation or suspension shall be preceded by written notice to the licensee and a public hearing. The notice shall give at least ten days notice of the time and place of the public hearing and shall state the nature of the charges against the licensee. The notice shall be mailed to the licensee by regular and certified mail to the most recent address listed on the application.
(Ord. 2002-08, passed 8-13-02)