Mound City Code 400.00
CHAPTER IV.
LICENSING AND MUNICIPAL REGULATIONS
Section 400 – GENERAL PROVISIONS
400.01 Licenses and Permits.
Subd. 1. General Rule. Except as otherwise provided in this Code, all licenses and permits granted by the City shall be governed by the provision of this Chapter.
Subd. 2. Acts Prohibited. No person shall conduct any activity or use any property for which a license or permit is required by law or this Code without a currently valid license or permit for such activity or use.
Subd. 3. Application for License or Permit/Issuance. Every applicant for a license shall submit an application to the Clerk on a form provided by the City. It shall be accompanied by payment of the prescribed fee.
a. Criminal History Background. When applicable, the Mound Police Department is authorized to do a criminal background investigation on applications for City licenses. Before the investigation is undertaken, the applicant must authorize the Police Department in writing to undertake the investigation and to release the information to the City Council, City Manager and other City staf as appropriate.
b. Issuance. If, after investigation, the Clerk is satisfied that all requirements of law and this Code have been met, the Clerk shall present the application to the Council for action, or, if the license or permit does not require Council approve, the Clerk shall issue the license or permit.
c. Denial for Background. Except in the case of exceptions set forth in Minnesota Statutes Section 364.09, should the City deny the applicant’s request for a license, due partially or solely to the applicant’s prior conviction of a crime, the City Manager shall notify the applicant in writing of the following
1. The grounds and reason for denial.
2. The applicant complaint and grievance procedure set forth in Minnesota Statutes Section 364.06.
3. The earliest date the applicant may reapply for a license.
4. That all competent evidence of rehabilitation will be considered upon reapplication.
(ORD. 15-2002, 8/25/02)
Subd. 4. Bond. Where a bond is required for any license or permit, the bond shall be a corporate surety bond executed on a form approved by the City Attorney and shall be filed with the Clerk before the license or permit is issued. Except where otherwise provided, a bond shall be in the amount of $5,000, conditioned that the licensee or permittee shall comply with the applicable ordinance and laws pertaining to the licensed or permitted activity and that the licensee or permittee will indemnify the City and save it harmless from all loss or damage by reason of inadequate work performed by him/her or by reason of accident caused by the negligence of the licensee or permittee, his/her agent or employees.
Subd. 5. Insurance.
a. When a licensee or permittee is required to have in force a policy of insurance, the policy shall be approved as to substance and form by the City Attorney. The policy shall provide that it is non-cancelable without 15 days notice to the City, and the coverage shall be for the term of the license or permit. Satisfactory evidence of coverage by insurance shall be filed with the Clerk before the license or permit is issued. Each license or permit shall terminate upon termination of the required insurance coverage.
b. Unless otherwise provided, a required policy of liability insurance shall provide for protection in at least the following amounts:
For injuries including death therefrom sustained by any one person, $100,000.00.
For injuries including death resulting therefrom sustained by two or more persons as the result of any one occurrence, $300,000.00.
For property damage, $100,000.00
400.05 Fees.
Subd. 1. Fee Established. License fees are established in accordance with the provisions of Section 500 of the City Code. (ORD. 01-2001, 2/25/01)
Subd. 2. Prorated Fees. License fees shall not be prorated unless otherwise specified by this Code or by Law.
Subd. 3. Refunds. License fees shall not be refunded in whole or in part unless otherwise specified by this Code or by Law.
400.10 Duration of License. Unless otherwise specified, a license shall be valid for twelve calendar months or the part of a year for which it is issued and shall expire on January 31.
400.15 Transfers. No license or permit issued under this Code may be transferred to any other person. Where a license or permit relates to specific premises, the license or permit shall not be changed to another location without approval of the Council or other licensing authority.
400.20 Duplicate Licenses. A duplicate license to replace a lost original may be issued by the Council at its discretion, under such regulations as it may prescribe, and on the payment of a fee as established in accordance with the provisions of Chapter 500 of the City Code. (ORD 01-2001, 2/25/01)
400.25 Licenses and Permits, Late Applications. Failure to secure initially, or to renew upon expiration, a license or permit or such as required shall be an offense constituting a misdemeanor, and each successive day shall constitute a separate and distinct offense.
400.30 Inspection.
Subd. 1. Authorized Personnel. Any City official or employee having a duty to perform with reference to a license under this Code and any police officer may inspect and examine any license, his/her business, or premises to enforce compliance with applicable provisions of this Code. Subject to the provisions of Subd. 2, he or she may, at any reasonable time, enter any licensed premises or premises for which a license is required in order to enforce compliance with this Code.
Subd. 2. Search Warrants. If the licensee objects to the inspection of his/her premises, the City official or employee charged with the duty of enforcing the provisions of this Code shall procure a valid search warrant before conducting the inspection.
400.35 Duties of Licensee.
Subd. 1. Compliance Required. Every licensee and permittee shall have the duties set forth in this Subsection 400.35.
Subd. 2. Inspection. He/She shall permit at reasonable times inspections of his/her business and examination of his/her books and records by authorized officers or employees.
Subd. 3. Compliance with Law. He/She shall comply with laws, ordinances, and regulations applicable to the licensed business, activity, or property.
Subd. 4. Display of License. He/She shall display the license or other insignia given him/her as evidence of the license in a conspicuous place on the premises, vehicle, or device to which the license relates. If the license is not so related, the license shall be carried on the licensee's person whenever he/she is carrying on the licensed activity.
Subd. 5. Unlawful Disposition. The licensee shall not lend or give to any other person his/her license or license insignia.
400.40 Suspension or Revocation. The Council may suspend for a period not exceeding 60 days or revoke any licensee or permit for violation of any provisions of law, ordinance, or regulation applicable to the licensed or permitted activity or property. Except where mandatory revocation is provided by law without notice and hearing and except where suspension may be made without a hearing, the holder of the license or permit shall be granted a hearing upon at least 10 days notice before revocation or suspension is ordered. The notice shall state the time and place of the hearing and the nature of the charges against the licensee. On revocation, suspension or expiration without renewal of any license or permit, the Clerk shall inform the head of the Police Department thereof who shall thereupon secure the license or permit and deliver it to the Clerk. Failure of any holder of a license or permit to deliver the same to any police officer on demand after revocation, suspension, or termination shall be a misdemeanor.