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Chapter 7. Licensing of Regulated Businesses and Activities <br />As many provisions in the Code tie license or permit issuance to good moral character or moral character standards, <br />insert the following language (New Code ~ 38-1): <br /> <br /> In this Code the phrase "good moral character" or "moral character" shall be <br /> construed to mean the propensity of the person to serve the public in the <br /> licensed area in a l~'air, honest and open manner. A judgment of guilt in a <br /> driminal prosecution or a judgment in a civil action may be used as evidence in <br /> the determination and when so used the person shall be notified and shall be <br /> permitted to rebut the evidence by showing that: <br /> <br /> (1) At the current time he has the ability to, and is likely to, serve <br /> the public in a fair, honest and open manner; and <br /> <br /> (2) He is rehabilitated, or that the substance of the former <br /> offense is not reasonably related to the occupation or <br /> profession for which he seeks a license or permit. <br /> <br /> SECTION 700. GENERAL PROVISIONS <br /> <br />700.00. Applicability. Deleted as eot needed. <br /> <br />700.04. Fees. Tie fees to resolution.(CNew Code § 38-32) <br />700.08. General standards of conduct. In subsection 1 correct internal reference to be to § 700.10. Hew Code <br />§ 38-34) <br />700.10. Enforcement; inspections and investigations; suspension or revocation; summary action. Deleted <br />Subsection 2 (search warrant). The cases annotated under Minn. Stats. §§ 626.07, 627.08 indicate that there is a <br />strict requirement of probable cause and do not appeal' to recognize the 'inspection warrant" doctrine. It appears <br />that under Minnesota law no search warrant can issue for an inspection. Added language that the license is revoked <br />if entry is denied. Hew Code § 38-35) <br /> <br /> SECTION 702. CONVERSATION PARLORS <br /> <br /> Deleted as obsolete. <br /> <br /> SECTION 704. MASSA GE AND SA UNA ESTABLISH:IlENTS <br /> <br /> 704.02. Definitions. In the definition of "message therapist" deleted the reference to meeting the licensing <br /> requirements. As § 704.20 requires licensing of message therapists using this defined term a logical contradiction is <br /> created. One is not a message therapist unless he is licensed and one does not have to be licensed unless he is a <br /> message therapist. <br /> <br /> 704.04. Business license required for establishment. In subsections 1 and 2 tied fee to resolution. (TVew Code <br />· §§ 38-222, 38- 223) <br /> <br /> 704.08. Restrictions and regulations. <br /> <br /> 1. Deleted subsection 12 (compliance with amendments to section) as not needed. <br /> <br /> 3. As the grounds for prohibited discrimination in subsection 11 as not as broad as found in Minn. <br /> Stats. § 363.03, subd. 3 and the statute is rather complicated, reworded merely reference the statute. Hew Code § <br /> 38-263) <br /> <br /> 704.20. Individual massage therapist license. Tied fee to resolution. (TVew Code § 38-242) <br /> <br /> <br />