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9 (2) Storage rooms and private offices are allowed, if the storage rooms and offices are solely used for running the business and no person other than the owner, manager, • and employees is allowed in them. (k) No licensee shall operate before 9:00 a.m. or after 11:00 p.m. (1) A licensee is subject to the conditions in this section, all other provisions of this ordinance, and of other applicable regulations, ordinance, or state law. (m) A licensee is responsible for the conduct of his or her place of business and the conditions of order in it. The act of an employee of the licensed premises is deemed the act of the licensee as well, and the licensee is liable for all penalties provided by this ordinance equally with the employee, except criminal penalties. (n) The license must be posted in a conspicuous place in the premises for which it is used. (o) The layout of display and /or all public areas shall be designed so that the management of the establishment and /or law enforcement can observe all patrons at all times, while the patrons are in the business, from any other public location in the business. The only exception to this requirement is for restrooms, which shall be located within 50 feet of the public entrance /exit of the building. Sec. 38 -457 Process for Denial or Revocation Failure of any person to comply with any of the ordinances of the city or the laws of the state shall be • grounds for denying or revoking a license granted under this division. If a license is denied or revoked by the City Council, the city must notify the applicant with the reason(s). The applicant shall be allowed an opportunity for a hearing pursuant to Chapter 38, Article II 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 -458. Fee: term (a) An applicant must pay the investigation fee specified in the city's fee schedule. This fee will be for the purpose of conducting a background and financial investigation of the applicant. There will be no refund of the investigation fee after the investigation has begun. (b) Fees for a license are set by ordinance on an annual basis in the city's fee schedule. (c) Each license expires on December 31" of the year in which it is issued. Fees for licenses issued during the license year will be prorated according to the number of months remaining in the year. Sec. 38 -459. Penalty Any person violating any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction shall by subject to the penalties for a misdemeanor as prescribed by state law. Each day a violation continues shall be considered a separate misdemeanor offense punishable by a separate • misdemeanor penalty. A fine or sentence imposed does not affect the right of the city to suspend or revoke the license of the licensee as the Council deems appropriate. SAOrdinances\2008 \08 -06 Sex.doc