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INFORMATION #1 02-23-2004
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INFORMATION #1 02-23-2004
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§ 6-66 <br /> <br />Sec. 6-66. Duplicate licenses. ~ <br /> The city clerk may issue duplicates of all orig- <br />inal licenses issued under this division without/ <br />action by the council upon the licensee's affidavit <br />that the original has been lost and upon payment <br />of a fee in the amount established by resolution <br />for issuance of the duplicate. All duplicate li- <br />censes shall be clearly marked "DUPLICATE." <br />(Ord. No. 2000-01, § 1(800.08(7)(F)), 3-13-2000) <br /> <br />Sec. 6-67. Inactive businesses. <br /> <br /> The city council may revoke the intoxicating <br />liquor or 3.2 percent malt liquor license of any <br />establishment proposed to be newly constructed <br />that is not under construction and exhibiting <br />satisfactory progress toward completion within <br />six months from the issuance of a license to such <br />establishment, or any establishment that ceases <br />operation for a period of six months or longer. A <br />hearing shall be held to review the progress made <br />by the establishment toward opening or reopen- <br />lng the establishment and, if satisfactory progress <br />is not demonstrated, the council may. revoke the <br />license. <br />(Ord. No. 2000-01, § 1(800.18), 3-13-2000) <br /> <br />Sec. 6-68. Transfer. <br /> <br /> Licenses issued under this division may be <br />transferred with the consent of the council. <br />(Ord. No. 2000-01, § 1(800.08(7)(C)), 3-13-2000) <br /> <br />Sec. 6-69. Posting. <br /> <br /> All licensees under this division shall conspic- <br />uously post their licenses in their places of busi- <br />ness. <br />(Ord. No. 2000-01, § 1(800.08(7)(G)(i)), 3-13-2000) <br /> <br />Sec. 6-70. Renewal. <br /> <br /> Applications for renewal of all licenses under <br />this division shall be made at least 60 days prior <br />to the date of expiration of the hcense and shall <br />contain such information as is required by the city <br />clerk. The council for good and sufficient cause <br />may waive this time requirement. <br />(Ord. No. 2000-01, § 1(800.08(7)(H)), 3-13-2000) <br /> <br />ELK RIVER CODE ~ <br /> <br /> Sec. 6-71. Suspension or revocation; fines. <br /> <br /> (a) Grounds. The council may suspend or re- <br /> yoke any license for the sale of intoxicating or 3.2 <br /> percent malt liquor and may levy a fine against <br /> the licensee upon finding that the licensee of any <br /> license granted pursuant to this division has: <br /> <br /> (1) Failed to comply with any applicable stat- <br /> ute, regulation, or ordinance relating to <br /> intoxicating liquor or 3.2 percent malt <br /> liquor or to the conduct of the licensee's <br /> business; or <br /> <br /> (2) Been convicted of a violation of the provi- <br /> sions of any law, ordinance or regulation <br /> relating to the exercise of any right granted <br /> by such license. <br /> <br /> (b) Revocation of erroneously issued license. <br /> Any license issued to a person not entitled to <br /> receive the license under this division or any law <br /> of the state shall be revoked by the council at any <br /> time after notice and public hearing. <br /> <br /> (c) Hearing. No suspension, fine, or revocation <br /> shall take effect until the licensee or permit <br /> holder has been afforded an opportunity for a <br /> hearing before the council, a committee of the <br /> council, or a hearing examiner, as provided under <br /> Minn. Stats. §§ 14.57--14.69 of the Minnesota <br /> Administrative Procedure Act. The council, in its <br /> discretion, may determine the appropriate body <br /> to conduct the hearing, and shall so name such <br /> body in the council action by which such hearing <br /> is called. Such hearing shall be conducted upon <br /> written notice to the licensee served in person or <br /> by certified mail not less than ten and not more <br /> than 30 days prior to the hearing date, stating the <br /> time, place, and purpose thereof. <br /> <br /> (d) Presumptive civil penalties. The purpose of <br /> this subsection is to establish standards by which <br /> the city council may determine appropriate pen- <br /> alties, including fines, suspensions, and revoca- <br /> tions, for violations of this chapter or other laws <br /> and regulations. These standards shall apply to <br /> all licenses granted under this division. The pen- <br /> alties set forth in this subsection are presumed to <br /> be appropriate for every case; however, the coun- <br /> cji may deviate from these penalties in any case in <br /> which the council finds that there exist substan- <br /> tial reasons for such deviation, such as, by way of <br /> <br />CD6:12 <br /> <br /> <br />
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