ORD 20-08 - Laserfiche WebLink

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StFikethFOughs to be removed Underlines to be added activity shall be conducted to preserve the public peace and protect and promote good order and security. (e) Failure of any person to comply with any of the ordinances of the city or the laws of the state, or any conditions/restrictions imposed on a license, shall be grounds for denying, revoking or suspending a license granted under this division. The city shall have the discretion to consider, in granting, denying, revoking, suspending, or renewing a license, any reasonable facts or circumstances relating to public health, safety, and welfare. (� If a license is denied by the office of the city clerk, the city clerk shall notify the applicant of the determination in writing, including the facts and specific section or sections of this articleArticle upon which this determination was made, and of their right to a hearing before the city council. (g) Except as otherwise provided in this chapter 26, article Article II, tobacco licenses shall be governed by the requirements and procedures set forth in chapter 38, articleArticle II of this Code, including the notice and hearing provisions set forth therein. SECTION 15. That § Sec. 26-71. - No transfers, of the City of Elk River Code of Ordinances shall be amended to read as follows: (a) All licenses issued under this division shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. No transfer of any license to another location or person shall be valid. Relocation or sale of the business shall require the approval and issuance of a new license. (b) Transfer of 25 percent or more of the ownership interest of a business entity, or of a controlling interest of it, whichever is less, will be deemed a sale of the business. If the licensee is a business entity that is wholly owned by another entity, the same provisions about the transfer of ownership or a controlling interest will apply to the parent entity and any second parent entity that wholly owns the parent entity. (c) A sale of the business as defined in this section without the approval and issuance of a new license shall result in the unlicensed sale of tobacco, tobacco products, tobacco -related devices, nicotine, or electronic delivery devices, as the case may be. Transfer of this amount of ownership interest without prior council approval is a ground for revocation or suspension of the license. In addition, each day the licensee operates under the license after a transfer has taken place without obtaining council approval will be a separate violation of this articleArticle. SECTION 16. That § Sec. 26-73. — Penalty, of the City of Elk River Code of Ordinances shall be amended to read as follows: (a) Administrative penalties for sales and furnishing; Licensees. Any licensee found to have violated this articleArticle, or whose employee has violated this articleArticle, shall be subject to the Administrative Penalties set forth in Minn. Stat. §461.12, Subd. 3, as amended from time to timecharged an administrative penalty of $75.00 for a first violation of this article, $200.00 for a second offense at the same licensed premises within a 24-month period, and $250.00 for a third or subsequent offense at the same location within a 24-month period. In addition, after the third offense, the license shall be suspended for not less than seven days. POVEAE® I Last Updated January 2019 �P�