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Sec. 38 -532. Penalty. <br />Any person violating this article shall be guilty of a petty misdemeanor. The city may revoke a <br />commercial applicator's license for repeated violations of this article. <br />Sec. 38 -533. General regulations. <br />a. No person shall apply any coal tar -based sealer to any driveway, parking lot or other surface <br />within the City of Elk River. <br />b. No person shall contract with any commercial sealer product applicator, residential or <br />commercial developer, or any other person for the application of any coal tar -based sealer to any <br />driveway, parking lot or other surface within the city. <br />c. No commercial sealer product applicator, residential or commercial developer, or other similar <br />individual or organization shall direct any employee, independent contractor, volunteer, or other <br />person to apply any coal tar -based sealer to any driveway, parking lot or other surface within the <br />city. A person who owns property on which a coal tar -based sealer is used is presumed to have <br />used a coal tar -based sealer in violation of this section. <br />d. The provisions of this ordinance shall only apply to the use of coal tar -based sealer in the city <br />and shall not affect the use or sale of asphalt -based sealer products within the city. <br />Sec. 38 -534. Sale of Coal Tar -Based Sealer Restricted. <br />A person may not sell a coal tar -based sealer product within the city, unless: <br />a. The sale is to a person who intends to use the coal tar -based sealer outside the city's planning <br />jurisdiction; and <br />b. The seller requires the purchaser to complete and sign a form provided by the city that includes: <br />1. The name, address, and phone number of the purchaser; <br />2. The date of the purchase; <br />3. The quantity of coal tar -based sealer purchased; <br />4. A statement that the coal tar -based sealer will not be used within the City of Elk <br />River; <br />5. An affirmation by the purchaser that the information on the form is correct; and <br />6. The seller retains the completed form for a period of not less than two years and <br />allows the city to inspect or copy of the form upon request. <br />DIVISION 2. LICENSE <br />Sec. 38 -535. Required. <br />No person, firm, corporation or franchise shall engage in the business of applying asphalt sealer <br />products within the city unless a license has been obtained from the building and zoning <br />administrator as provided in this division. <br />Sec. 38 -536. Application procedure. <br />Applications for a commercial asphalt sealer applicator license shall be submitted to the building and <br />zoning administrator. The application shall consist of the following: <br />