§ 110.02 TRADES, PROFESSIONS, BUSINESSES AND PRIVILEGES REQUIRING LICENSES.

(A) License required. It is unlawful for any person to engage in any trade, profession, business or privilege in the city for which the code requires a license without first obtaining approval for the license from the City Council in the manner provided in this chapter. A license must be obtained for each location at which the licensee conducts business.

(B) Activity conducted without license.

(1) When an activity that requires a license pursuant to the city code is conducted without a license or the licensee has not renewed an existing license prior to its expiration date and the licensed activity continues, the city may pursue any one or all of the following remedies:

(a) No new license shall be granted until the applicant pays the late fee pursuant to § 110.03(C)(7)(c), unless otherwise approved by the City Council;

(b) The city may issue a criminal citation for operating without a license;

(d) The city may post a cease and desist order (“cease and desist order”) for the licensed activity preventing the business from conducting the activity until a license is approved.

1. If a business has an existing license for the licensed activity and the license expires, then the City Clerk shall provide the owner with 20 days’ calendar notice to cease and desist the activity (“cease and desist notice”). If no completed application is received by the City Clerk prior to the expiration of the date given in the cease and desist notice, then the city shall post a cease and desist order for the activity for which a license is required.

2. If a new business is conducting an activity for which a license is required or an existing business is conducting a new activity for which a license is required and no license has been approved, then the city may immediately and without notice, post a cease and desist order for the activity for which a license is required.

(2) Any business that continues to conduct an activity for which a license is required without an approved license shall be in violation of this chapter.

(2001 Code, § 1005.01)

§ 110.02 TRADES, PROFESSIONS, BUSINESSES AND PRIVILEGES REQUIRING LICENSES.

(A) The following trades, professions, businesses and privileges in the city require licenses:

(1) Amusements and amusement devices:

(a) Carnivals;

(b) Gambling;

(d) Live entertainment.

(2) Animals:

(a) Cats;

(b) Dogs;

(d) Exceeding number of animals permit; and

(e) Exotic animals permit.

(3) Commercial and service activities:

(a) Sexually oriented businesses;

(b) Laundry;

(d) Pawnbroker;

(e) Peddlers, solicitors and transient merchants;

(f) Precious metal dealers;

(g) Rubbish hauler (commercial and residential);

(h) Second hand dealer;

(i) Tattoo/body art business;

(j) Tobacco; and

(k) Legal fireworks.

(4) Intoxicating and 3.2% malt liquor, wine and beer:

(a) Intoxicating liquor:

1. Off-sale;

2. On-sale:

a. Category 1; and

b. Category 2.

3. Outside service;

4. Sunday sales;

5. Temporary on-sale;

6. Temporary outside service;

7. Wine; and

8. Consumption and display permit.

(b) 3.2% malt liquor:

1. Off-sale;

2. On-sale;

3. Outside service;

4. Temporary on-sale; and

5. Temporary outside service.

(5) Motor vehicle related business:

(a) Motor vehicle related;

(b) Motor vehicle sales (including motorcycles and recreational vehicles), leasing and rentals; and

(6) Other:

(a) Courtesy benches;

(b) Residential housing evaluators/inspectors; and

(B) Relation to other code provisions. The requirements of this section may be supplemented by other sections of the city code.

(2001 Code, § 1005.03) (Ord. 07-01, passed - -; Ord. 07-19, passed - -; Ord. 10-05, passed - -; Ord. 10-19, passed - -; Ord. 11-14, passed - -; Ord. 12-07, passed - -; Ord. 12-29, passed - -)

§ 110.03 APPLICATION.

(A) Application for a license must be made to the city’s Licensing Department upon forms provided by the city. No license application will be accepted for which licenses are not available.

(B) After the city has received a completed application, including all required documentation, appropriate fees and a completed background investigation, the license will be submitted to the City Council for consideration.

(1) Natural person. If the applicant is a natural person, the applicant may be required to provide the following information:

(a) Full name, place and date of birth;

(b) Street resident addresses of where the applicant has lived during the past five years and telephone numbers and dates for which such addresses and phone numbers were used;

(d) Whether the applicant has ever been known by a name other than the applicant’s name and, if so, the name or names used, including maiden names, and information concerning dates and places used;

(e) The type, name and location of every business or occupation in which the applicant has been engaged during the preceding five years and the names or addresses of the applicant’s employers and partners, if any, for the preceding five years, and corresponding dates of employment;

(f) Whether the applicant has ever been convicted of a felony, gross misdemeanor, misdemeanor, including violations of a municipal ordinance, but excluding minor traffic violations, directly related to the business for which a license is sought. If so, the applicant must furnish information as to the date, time, place of conviction and nature of the offenses;

(g) A physical description of the applicant;

(h) The applicant’s current personal financial statement and copies of the applicant’s federal and state tax returns for the two years prior to the application;

(i) The applicant’s Social Security number; and

(j) If the applicant does not manage the business, the name of the managers or other persons in charge of the business and all information concerning each of them pursuant to divisions (C)(1)(a) through (C)(1)(h) above.

(2) Partnership. If the applicant is a partnership, the applicant may be required to provide the following information:

(a) The names and addresses of all general and limited partners and all information concerning each general partner pursuant to divisions (C)(1)(a) through (C)(1)(h) above;

(b) The names of the managing partners and the interest of each partner in the licensed business;

(c) A copy of the partnership agreement. If the partnership is required to file a certificate as to a trade name pursuant to Minn. Stat. § 333.01, as it may be amended from time to time, a certified copy of the certificate must be attached to the application;

(d) The applicant’s federal tax identification number and state employer identification number; and

(e) If the applicant does not manage the business, the name of the managers or other persons in charge of the business and all information concerning each of them pursuant to divisions (C)(1)(a) through (C)(1)(h) above.

(3) Corporation. If the applicant is a corporation or other organization, the applicant may be required to provide the following information:

(a) The name of the corporation or business and the state of incorporation;

(b) A copy of the articles of incorporation or association agreement and bylaws. If the applicant is a foreign corporation, a certificate of authority as required by Minn. Stat. § 303.06, as it may be amended from time to time, must be attached;

(d) The name of the managers or other persons in charge of the business and all information concerning each manager, proprietor or agent pursuant to divisions (C)(1)(a) through (C)(1)(h) above; and

(e) A list of all persons who control or own an interest in excess of 5% in the organization or business or who are officers of the corporation or business and all information concerning the persons pursuant to divisions (C)(1)(a) through (C)(1)(h) above. This provision, however, does not apply to a corporation whose stock is publicly traded on a stock exchange and the corporation is applying for a license to be owned and operated by itself.

(4) Additional information from all applicants. All applicants must provide the following additional information:

(a) Whether the applicant holds a current license or has ever held a license from any governmental unit, including the city;

(b) Whether the applicant has ever had a license in any city or state denied, revoked or suspended and the reason for the denial, revocation or suspension;

(c) The name of the business, if it is to be conducted under a designation, name or style other than the name of the applicant and a certified copy of the certificate as required by Minn. Stat. § 333.01, as it may be amended from time to time;

(d) The street addresses and telephone numbers of the premises at which the business will be conducted;

(e) The exact legal description of the premises to be licensed, if applicable;

(f) If the applicant does not own the business premises, a true and complete copy of the executed lease for the premises, if applicable;

(g) If the applicant is applying for a personal business license, a copy of the independent contractor, employment agreement or executed statement from the business owner that the applicant is authorized to conduct business at the business premises;

(h) Whether all real estate and personal property taxes that are due and payable for the premises have been paid and, if not paid, the years and amounts that are unpaid;

(i) A written declaration by the applicant, under penalty of perjury, that the information contained in the application is true. If the applicant is a corporation, an officer must sign the written declaration. If the applicant is a partnership, a general partner must sign the written declaration. If the applicant is an unincorporated association, the manager or managing officer must sign the written declaration;

(j) If the licensed activity requires prior approval from another government entity, provide evidence of that approval; and

(k) Other information as the city may require.

(5) Background investigations. In order to protect the general welfare of the public, certain license applications may require a personal background and/or a business background investigation. If so required, the investigations will be conducted pursuant to this section, as well as § 30.05(C). If the applicant simultaneously submits an application for more than one license and each license requires a personal and/or business background investigation, the applicant shall only be required to pay the fee for one personal background and one business background, if applicable. If the investigation fees for the various licenses differ, the higher fees shall apply.

(a) Authorization. At the time of making an initial or renewal license application that requires a personal or business background investigation, the applicant must provide written authorization to the city to investigate all facts set out in the application and to do a personal and business background investigation on the applicant. A criminal background investigation shall be conducted as part of a personal background investigation. The information obtained from the investigation shall be used to assist the Police Chief in making a recommendation as to whether the applicant should be granted a license. The recommendation may be based on any of the following criteria:

1. Whether the applicant was convicted of a crime or offense in the last five years involving or directly relating to the business for which a license is sought;

2. Whether there is a material misrepresentation in the application; and

3. Whether the applicant is of good moral character.

(b) Investigation fee. All applicants that must undergo a background investigation must pay an investigation fee with the license application. Separate fees shall be charged for personal background investigations and business background investigations. The City Council establishes the investigation fees by City Council resolution. If an applicant applies for an additional license within a calendar year, then the applicant shall only be required to pay the renewal fee.

(6) Insurance coverage. The applicant must file with the City Clerk a certificate of insurance from an insurance company duly licensed and qualified to do business in the state, on a form approved by the city.

(a) Coverage requirements. The insurance policy certified must provide coverages and amounts as required by the city.

(b) Coverage changes and cancellation. The applicant may not cancel or change the insurance without 30 days’ prior written notice to the City Clerk by certified mail. The certification of insurance must be continuously in effect until 30 days after receipt of the written notice of cancellation or change, provided however, the certification must not extend for more than two years.

(7) License fees. License fees must be paid before the city will grant the license.

(a) Fee determination. The fees for licenses are established by City Council resolution.

(b) Refunds. License fees are not refundable unless approved by the Council. In addition, specific license fees for which work was performed, such as a background investigation, shall not be refunded.

(c) Late fees. An applicant who submits a completed application to renew a license less than 30 days prior to its expiration date, shall pay a late fee pursuant to the fee schedule, in addition to the license fee.

(d) Prorated license fees. In unique circumstances, the City Council may hold a hearing to determine if it is appropriate to prorate a particular license fee. License fees will not be prorated for a portion of a license term, except for the following licenses, payment for which shall only be for the portion remaining in the license term:

1. On-sale intoxicating liquor;

2. Pawnbroker;

3. Precious metal dealer;

4. Tobacco;

5. Provisional license fees. The City Council may require an additional fee for provisional licenses that is in addition to the regular license fee, due to the extraordinary monitoring that is required by city staff. The additional provisional license fee shall be set by the City Council upon approval of a provisional license; and

6. Installment payments. For on-sale liquor licenses only, the licensee may pay the license fee in two equal installments, due on or before December 15 for the upcoming license term and on or before June 15 for the remainder of the existing license term. An administrative fee will be imposed for licensees who pay the license fee in installments. Failure to pay any installment payment when due may result in revocation or suspension of the license. In addition, late fees, as provided in division (C)(7)(c) above will be imposed.

(2001 Code, § 1005.05) (Ord. 17-10, passed 7-24-2017)

§ 110.04 GENERAL CONDITIONS OF LICENSE.

A licensee is responsible for the conduct of his or her place of business and the conditions of order in it. The act of an employee of the licensed premises is deemed the act of the licensee as well, and the licensee is responsible for all penalties provided by this chapter equally with the employee.

§ 110.05 RENEWAL OF LICENSE.

License renewals are issued in the same manner and subject to the same conditions as a new license application.

(A) Renewal date. Licensees must submit their applications for renewal of their licenses at least 60 days prior to their expiration. Failure to submit a renewal application by the expiration date means there is no guarantee of the license being renewed. Thirty days after its expiration, the license will be considered terminated.

(B) Exception. The renewal date application deadline does not apply to licenses issued for work performed in or on city streets or sidewalks pursuant to a contract with the city or contractors who do not perform work continuously in the city, who need only obtain a license prior to commencing any work.

(C) If a timely submission of a renewal application is made by an applicant in good standing, but the City Council does not act upon the application prior to December 31, then upon written authorization by the city, the applicant may continue to operate until the City Council considers the renewal application.

(2001 Code, § 1005.09) (Ord. 17-10, passed 7-24-2017)

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