CHAPTER 110:  LICENSES AND PERMITS

110.01  License and permit general provisions
110.02  License and permit fees
110.03  License term
110.04  License transferability
110.05  Inspections
110.06  Duties of licensees and permittees
110.07  License and permit suspension or revocation
Cross-reference:
Alcoholic beverages, see Chapter 111
Bingo, gambling, and amusement establishments, see Chapter 112
Franchises, see Table of Special Ordinances II
Peddlers and solicitors, see Chapter 113
Tobacco regulations, see Chapter 114

§ 110.01  LICENSE AND PERMIT GENERAL PROVISIONS.

(A)  General rule.  Except as otherwise provided in the code, all licenses and permits granted by the city shall be governed by the provisions of this chapter.

(B)  Acts prohibited.  No person shall conduct any activity or use any property for which a license or permit is required by law or the code without a currently valid license or permit for the activity or use.

(C)  Application.  Every application for a license shall be made to the City Administrator on a form provided by him or her.  It shall be accompanied by payment to the City Administrator of the prescribed fee.  If, after investigation, the City Administrator is satisfied that all requirements of law and the code have been met, he or she shall present the application to the Council for action or, if the license or permit does not require Council approval, he or she shall issue the license or permit.

(D)  Bond.  Where bond is required for any license or permit, the bond shall be a corporate surety bond executed on a form approved by the City Attorney and shall be filed with the City Administrator before the license or permit is issued.  Bond shall be in the amount established by ordinance, code provision, Minnesota Statute, or Council resolution, as may apply, and shall be conditioned that the licensee or permittee shall comply with the applicable ordinance, code provisions, and laws pertaining to the licensed or permitted activity and that the licensee or permittee will defend, indemnify, and hold harmless the city from all loss or damage by reason of inadequate work performed by him or her or by reason of accident caused by the negligence of the licensee or permittee or his or her agents or employees.

(E)  Insurance.  When a licensee or permittee is required to have in force a policy of insurance, the policy shall be approved as to substance and form by the City Attorney.  The policy shall provide that it is non-cancelable without 15 days notice to the city, and the coverage shall be for the term of the license or permit.  Satisfactory evidence of coverage by insurance shall be filed with the City Administrator before the license or permit is issued.  Each license or permit shall terminate upon termination of the required insurance coverage.
('82 Code, § 501.01)  Penalty, see § 10.99

§ 110.02  LICENSE AND PERMIT FEES.

(A)  Fee established.  License fees are in the amount established in the governing section of this chapter or as otherwise provided in the code, or as otherwise established by resolution of the City Council, which resolution shall supersede any inconsistent provisions relating to fees established by this code.  The license and permit fees as set forth in the various sections of the code are the official and controlling provisions.

(B)  Prorated fees.  If the initial license is to run for less than a full year, the applicant shall pay a pro rata fee, with any unexpired fraction of a month being counted as one month.

(C)  Refunds.  License fees shall not be refunded in whole or in part unless otherwise specified by the code or by law.
('82 Code, § 501.02)

§ 110.03  LICENSE TERM.

Unless otherwise specified, a license shall be valid for a calendar year or the part of the year for which it is issued and shall expire on December 31.
('82 Code, § 501.03)

§ 110.04  LICENSE TRANSFERABILITY.

No license issued under the code may be transferred to any other person, except as provided in the code.  Where a license relates to specific premises, the license shall not be changed to another location without approval of the Council or other licensing authority.
('82 Code, § 501.04)  Penalty, see § 10.99 

§ 110.05  INSPECTIONS.

(A)  Authorized personnel.  Any city official or employee having a duty to perform with reference to a license under the code and any police officer may inspect and examine any licensee or his or her business or premises to enforce compliance with applicable provisions of the code.  Subject to the provisions of division (B), he or she may at any reasonable time enter any licensed premises or premises for which a license is required in order to enforce compliance with the code.

(B)  Search warrants.  If the licensee objects to the inspection of his or her premises, the city official or employee charged with the duty of enforcing the provisions of the code shall procure a valid search warrant before conducting the inspection.
('82 Code, § 501.05)

§ 110.06  DUTIES OF LICENSEES AND PERMITTEES.

Every licensee and permittee shall have the duties set forth in this section:

(A)  Inspection.  He or she shall permit at reasonable times inspections of his or her business and examination of his or her books and records by authorized officers or employees.

(B)  Compliance with law.  He or she shall comply with laws, code provisions, ordinances, and regulations applicable to the licensed business, activity, or property.

(C)  Display of license.  He or she shall display the license or other insignia given him or her as evidence of the license in a conspicuous place on the premises, vehicle, or device to which the license relates.  If the license is not so related, the license shall be carried on the licensee's person whenever he or she is carrying on the licensed activity.

(D)  Unlawful disposition.  The licensee shall not lend or give to any other person his or her license or license insignia.
('82 Code, § 501.06)  Penalty, see § 10.99

§ 110.07  LICENSE AND PERMIT SUSPENSION OR REVOCATION.

The Council may suspend for a period not exceeding 60 days or revoke any license or permit for violation of any provision of law, code provision, ordinance, or regulation applicable to the licensed or permitted activity or property.  Except where mandatory revocation is provided by law without notice and hearing and except where suspension may be made without a hearing, the holder of the license or permit shall be granted a hearing upon at least 10 days notice before revocation or suspension is ordered. The notice shall state the time and place of the hearing and the nature of the charges against the licensee.
('82 Code, § 501.07)