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to be removed Underlines to be added Ordinance 20 - 04 An Ordinance Amending Chapter, 6, Section S6 Regarding Liquor License Fees of the City of Elk River, Minnesota, City Code The City Council of the City of Elk River does hereby ordain as follows: SECTION 1. That § 6-56, Fees of the City of Elk River Code of Ordinances shall be amended to read as follows: (a) Applicability; payment. Prior to consideration of any application for a license under this division, the applicant shall pay the license fee and, if applicable, pay the investigation fee to cover the costs of the city in processing the application and the investigation thereof. The investigation fee is nonrefundable. No investigation fee shall be required of an applicant for an on -sale 3.2 percent malt liquor license, off -sale 3.2 percent malt liquor license, temporary beer license or temporary license for the on -sale of intoxicating liquor. Failure to pay any portion of a fee when due shall be cause for revocation. (b) Establishment. All license and investigation fees provided for in this division, including, but not by way of limitation, fees for on -sale and off -sale of beer, temporary on -sale of beer, on -sale and temporary off -sale of liquor, and on -sale of wine, shall be fixed and determined by the council, adopted by resolution, and uniformly enforced. The council may amend such fees by resolution. A copy of the resolution shall be kept on file in the office of the city clerk and open to inspection during regular business hours. (c) Fee increases The city shall not increase the fee for a liquor license except after notice and hearing on the proposed increase. Notice of the proposed increase must be mailed to all affected licensees at least 30 days before the date set for the hearing. (d) Proration. For licenses issued and which are to become effective other than on the first day of the licensed year, the fee to be paid with the application shall be a pro rata share of the annual license fee. (e) Refunds. License fees shall be refunded if an application for a license is denied by the city council, except where rejection is for a willful misstatement in the license application. A pro rats share of an annual license fee for a retail license to sell intoxicating or 3.2 percent malt liquor, either on -sale or off -sale, may be refunded to the licensee or to the licensee's estate if: (1) The business ceases to operate because of destruction or damage. (2) The licensee dies. (3) The business ceases to be lawful for a reason other than a license revocation. P 0 V E R I I RY NATURE Last Updated) anuary 2019