5.3. SR 04-14-2008 - Laserfiche WebLink

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(h) A place or busuiess that is currently licensed as a tattoo establishment, pawnshop, massage business, or establishment that sells alcoholic beverages. (i) A person who fails to submit a fully completed application form. (j) A person who fails to pay the yearly application fee. (k) In addition to (p~ above, no sexually-oriented business shall be operated or located within 1,000 feet of any residence, church, school, daycare center, library, park, ox any area ox facility used fox public gatherings, nor within 250 feet of any establishment licensed fox the sale of intoxicating liquor, nor within 1,000 feet of any sexually-oriented busuiess. The distance limitations shall be measured from property line to property line at the nearest point. (2) The Council shall have the discretion to consider in granting, denying, ox renewing a license any reasonable facts ox circumstances relating to public health, safety, and welfare, including, but not limited to the following: (a) Operation on a premises on evhich taxes, assessments, ox other financial claims of the city or other government agency axe delinquent and unpaid. (b) False statement ox material omission in the license application ox investigation. (c) Health hazards attributable to the business. (d) Each licensee has the continuing duty to properly notify the city clerk of a change in the information or facts required to be furnished on the application fox a license. This duty continues throughout the period of the license. Failure to notify the city may be grounds for denial ox revocation. (3) Violations (a) The Council may either suspend fox up to 60 days or revoke a license and/or impose a civil fine not to exceed $2,000.00 fox a violation upon finding that the licensee ox an agent or employee of the licensee has failed to comply with an applicable statute, regulation, ox ordinance relating to the subject matter of Chapter 38. (4) Appeal (a) If the application is denied, the city must notify the applicant with the reason(s) stated fox denial. The licensee shall be allowed an opportunity fox a hearing pursuant to Chapter 38, Article I of this Code. An applicant wishing to appeal the action of the City Council may seek a writ of certiorari before the Minnesota Court of Appeals. Sec. 38-454. No Transfers (1) A license will be issued only to the applicant and fox the premises described iu the application. No license may be transferred to another person ox place without application in the same manner as an application fox a new license. Transfer of 25 percent ox more of the stock of a corporation ox of a controlling interest of it, whichever is less, will be deemed a transfer of the license. If the licensee is a corporation that is wholly owned by another S:Wdminishation\[.icenses\Sezually Oriented Business\Sexual Final Ord.doc