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HomeMy WebLinkAbout1428 - ADMIN Ordinance - City Council - 1978/11/06ORDINANCE NO. 1428 AN ORDINANCE RELATING TO SUSPENSION AND REVOCATION OF BUSINESS LICENSES: AMENDING THE ST. LOUIS PARK ORDINANCE CODE, SECTIONS 13-105 AND 13-115; ADDING SECTIONS 13-105.101 AND 13-105.102; REPEALING SECTION 13-116 THE CITY COUNCIL OF ST. LOUIS PARK ORDAINS: Sec. 1. The St. Louis Park Ordinance Code, Sections 13-105, 13-105.101, 13-105.102, 13-115 and 13-116, is amended to read: 1 1 licensee shall deliver to the City certificates of all required insurance on a form specified by the City Clerk, signed by an authorized representative and stating that all provisions of the specified requirements have been satisfied. The certificate shall be submitted directly to the City Clerk for review and approval by the City Attorney prior to the issuance of the license. Section 13-105. Procedure for Issuance of Licenses. On receipt of an application for any license the city manager shall cause investigation to be made of the qualifications of the applicant to determine whether the applicant has complied with all requirements of the license. Unless the ordinance code requires issuance of the license by the City Council, the city manager shall cause the license to be issued upon determination that the requirements of the ordinance code have been satisfied, but if the requirements have not been satisfied the license shall be denied. If the ordinance code requires issuance of a license by the City Council, the city manager shall refer the application, together with a report of the investigation of the applicant to the City Council. The City Council shall consider the report of the city manager and shall grant or deny the license. Section 13-105.101. Review of Denial. The applicant for any license which has been denied by the city manager may appeal the decision of the city manager to the City Council by filing, with the city clerk, within 10 days after service of notice of such a denial, a request for review by the Council of such determination by the city manager. Deposit of the notice in the U.S. Mail, addressed to the address stated on the license application, shall constitute service of the notice and service shall be effective as of the date of mailing. The City Councilat its next regular meeting, shall consider the request, and after hearing the applicant and reviewing the determination of the city manager, may grant or deny the license. Section 13-105.102. Consent to Conditions. Any license which includes conditions to be complied with by the licensee shall not be effective until the licensee has executed and filed with the city clerk a written assent to the conditions of the license. The assent shall be in a form prescribed by the city -manager. Section 13-106. License Period. All licenses issued under any subdivision of this chapter shall terminate on December 31st of the calendar year in which `issued unless a different termination date with respect to specific licenses shall be hereinafter provided. Section 13-107. Renewal License Procedure. Applications for renewal of any license shall be made to the City Clerk on forms provided by him, and shall contain any information required for renewal of the license by the subdivision of this chapter under which the license is to be issued, and such additional information as the City Manger shall require. 355 (3) tag or other license insignia affixed as required by law, or is required to be licensed by the City of St. Louis Park and such machine or device is not currently licensed by the City, may be sealed by a tape or wire to prevent its continued use. The tape or tag attached to the seal shall state that the machine or device is not to be used. Removing Seal, Using Machine Prohibited. No person shall remove or deface a seal affixed under the provisions of this ordinance except under the direction of an authorized agent of the City. No person shall use any machine or device on which a seal has been affixed under the provisions of this ordinance. Section 13-115. Suspension or Revocation of License. (1) If the city manager determines that any person licensed by the City has violated any requirement of any applicable law, ordinance, regulation,license or permit, he shall notify the licensee in writing of the violation. Deposit in the U.S. Mail, addressed to the addressee stated on the license application, shall constitute service of the notice and service shall be effective as of the date of mailing. If such person cannot be otherwise found, the notice may be posted on the premises licensed. (2) The notice shall afford the licensee 10 days in which to comment on the violation, and shall specify that after the expiration of the 10 days, the City may either suspend or revoke the license. (3) The notice shall specify that the licensee may request a hearing prior to the taking of any action to suspend or revoke the license, either before the city manager, or before the City Council if the license was issued by the City Council. In the event that a hearing is requested by the licensee,the city manager or the City Council shall set a time for such hearing not less than 10 days and not more than 20 days after request, at which time the city manager or the City Council shall hear all of the information upon which alleged violation of law by the licensee has been determined. (4) Where a violation is a continuing condition, the city manager may, but need not necessarily, give the licensee a specified time to achieve compliance. Upon expiration of that time, unless the licensee shall have requested a hearing in writing, the city manager, in the event that the license involved shall have been issued by him, may suspend or revoke the license. In the event that the license has been issued by the City Council, the city manager shall report the comments of the licensee to the City Council and the Council may thereafter suspend or revoke the license. November 7, 1978 358 (5) Upon expiration of the 10 days and after hearing, if requested, the city manager or the City Council may suspend or revoke the, license. If the suspension or revocation is by the city manager, he shall give written notice that the licensee may appeal the suspension or revocation to the City Council by a written request filed with the city clerk in person within 10 days after the mailing of the notice. Deposit of the notice in the U.S. Mail, addressed to the address stated on the license application, shall constitute service of the notice and shall be effective as' of the date of mailing. The City Council shall thereupon promptly hear the licensee and review the determination of the city manager and make its final order sustaining or modifying the determination of the city manager. On completion of the hearing the city manager or City Council, as the case may be, may suspend or revoke the license. (6) In the case of a continuing condition or violation, the time periods provided in this section may be reduced by the city manager or the City Council, as the case may be, where necessary to protect public safety, health or welfare. Section 13-116. Hearing. (Section 13-116 repealed by Ordinance , November 6, 1978). / November 7, 1978 358.1 1 1 1 Sec. 2. This ordinance shall take effect 15 days after publication. Adopted by the City Council November 6, 1978. May ation: Approved as to form and legality: Cit Attorney 0 ,SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION ST. LOUISPARKSUN 6601 W. 78th St. Bloomington, Minnesota State of Minnesota ss. County of Hennepin J R RITCHAY, being duly sworn, on oath says he is and durtng all times here stated has been the vice president and printer of the newspaper known at The St Louis Park Sun and has full knowledge of the facts herein stated as follows (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches (2) Said newspaper is a weekly and is distributed at least once each week (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly dehvered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office (5) Said newspaper purports to serve the City of St Louis Park, Golden Valley School District No 275 and Robbinsdale School District No 281 in the County of Hennepin and it has its known office of issue in the City of Bloomington in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours to the business of the news- paper and business related thereto (6) Said newspaper files a copy of each issue immediately with the State Historical Society (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the publisher of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper He further states on oath that the printed Ordinance No. 1428 hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for OI1e successive weeks, that it was first so published on dexl the 1 5 day of NOVeimh a1!. 19—_7.8 and was thereafter printed and published on every to and including the day of , 19 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to -wit abcdefghijklmnopgrstuvwxyz A Subscribed and sworn to before me this 1 5 day of November , 19_7.8 (Notarial PHYLLIS S. BARTON NOTARY PUBLIC • MINNESOTA EePIN OuNTY My CmnwssloExpiresAg.18, I9A4M J,, (Official Publication) ORDINANCE NO 1428 AN ORDINANCE RELATING TO SUSPENSION AND REVOCATION OF BUSINESS 1LICENSES AMENDING THE ST. LOUiS PARK ORDINANCE CODE, SECTIONS 13-105' and 13-115, REPEALING SECTION 13.116 THE CITY COUNCIL OF ST LOUIS PARK ORDAINS Sec..1 The St Louis Park Ordi- nance Code, Sections 13-105 (101) and (102) and 13-115 are amended, Sec- tion,13.116 repealed to read , Sett -On 13-105. Procedure' for Is- suance.of Licenses. On receipt of an application for any ,license the city manager shall' cause nivestigation to be•niade'of the qualifications of the applicant to determing whether the applicant has complie l with all re- T4wrements of the license i Unless the ,,prdmance code requires- issusnce:of 'the Intense by the City -Council, the city manager &hall c& Ise the license to be4issued upon deterrninatibn that the requirements of the ordinance dodehave been satisfied, lit' if the requirements have, not been satisfied the,license shall be dented lithe or- )'dinance code requires issuance of a (i license by the City.Council,.the city manager shall refer the, application together with a report of he investig- ation of the applicant'to• !tie%,City Council The City;Cphncil snag con- sider the report o!,jhei ggify manager 'and -shall grant'ordenyt th@it cense ,r, Section 13-1051101.plth~vieW of Denial The applhgant fior,any license -which-has been denied 'fi the city manager may appeai'ltie decisf6n of the city manager tcgtfie �rtyf�opncil by filing, with the cit clerk} within 10 'days' after service otice °Much a denial, a reeqquuest(�f rg,gyity;.tly the Coungil'of such deterrmgat-oniby the WI manager DepositM-tlttnotice in the 1.1S 1 Mail: addra&s"tdi. t6 the ad- dress stated op the license'epplica- tion, shall constitute service of the notice and service shall be effective as of the,date of mailing The City Council at its next regular meeting, shall consider the request, and after heanng the applicant and reviewing the determination of the' city, man- ager may grant or deny the hcense 13-105 102 Consent to Conditions , Any license which includes conditions to be complied With by the Il'censee shall not be effective. until the licen- see has executed and filed with the city clerk a written assent to the con- ditions of the license The assent shall' be in a form prescribed by the city manager Section 13-115 Suspension or Revo- cation of License (1) If the city manager deter- mines that any person licensed by the City has violated any),,re- gwrement of any applicable law ordinance, regulation hcense''or permit, he shall notify the licen- see in writing of the violation Deposit in the U S !Nail, addrbs- sed to the addressee stated ott;ttie license apphcationi 4411 consti- tute service of the notice and 'Or - vice shall be-effecti"v s of Ithe date of mailing Il'1syclgper&on cannot lie"otherwise found "the notice may be posted on the- ,mises licensed • i -?v p (21 The notice shap,affprrdd..the i•license�' 10` da�sr'it 'whiff] to )^)comment on the viilla'tton,?.1$d shall specify that.iafte4 thele‘Si- 9lration of the 10 days; the City rp y either suspend orfiffitilitO ie hcense ;ry f'v]Viil?f (a) The notice sha 1specl T that ithe, licensee may request a hear- ing pnor to thetaknt,9fflny ac- tion to suspend,or revoke the license, either before the city manager, or before the City Council if the license was issued by the City Council In the event that a heanng is requested by the licensee, the city manager or the City Council shall set a time for such heanng not less than 10 days and not more than 20 days after request, at -which time, the city manager of the City Council shall hear all -of the information upon which alleged violation of law by the licensee has been determined ° (4) Where a violation is a con- tinuing condition, the city man- ager may, but need not necessar- ily, give the licensee a specified time to achieve compliance Upon expiration of that time, un- less the licensee shall have re-. quested a hearing in writing, the city manager, in the event that the license involved shall have been issued by him, may suspend or revoke the license In the event that the license has been issued by the City Council, the city man- ager shall report the comments of the licensee to the City Council and the Council may thereafter suspend or revoke the license (5) Upon expiration of the 10 days and after hearing; if re- quested, the city manager or the City Council may suspend or re- voke the license If the suspension or revocation is by the city man- , ager, he shall give written notice that the licensee -may appeal the suspension or revocation to the I City Council by a wntten request filed with the city,clerk in person within 10 days after the mailing of , the notice Deposit of the notice in the U S Mail, addressed to the address stated on the hcense ap- II constitute service 0 Z 0 r• of Publication Louis Park, Minnesota Daniel, both of Edina, nine' children, brother, Frank, M Wise , two sisters, Mrs Marie Albert Lea, Mrs Ka 6 a.0 S F• C