Sec. 429.04. - Licensing requirements.
(a) Application. An application for a license shall be made at the department of safety and inspections by submitting the annual license fee and completing the application form. The application form shall contain such information as may be required by the department of safety and inspections, including, but not limited to:
(1) The location and a description of the premises to be licensed. Detailed plans of the site, including land, buildings, structures and interior equipment and floor plans, shall be attached to the application.
(2) Names and addresses of the property owner, the business owner, the lessee, the manager and/or operator, and if a corporation the names and addresses of the officers and directors of the corporation, and all other persons, firms or corporations which may have a financial interest in the premises to be licensed or the business to be conducted on the premises.
(3) A description of the services to be offered and the operations to be conducted on the premises.
(4) The application shall include a site plan, which site plan shall be reviewed and approved in accordance with section 62.108 of this Legislative Code.
(5) The application shall include evidence that the building official has issued a certificate of occupancy for the premises pursuant to section 33.02 of this Legislative Code.
(6) The application shall include a copy of its proposed management plans prepared for compliance with Minnesota Statutes, Section 116.79. Such plans shall have been submitted to the inspector either before or at the same time such plans are submitted to the state commissioner of the pollution control agency, for the purpose of permitting the city to review such plans and make appropriate comment thereon.
The application will then be reviewed by the department of safety and inspections for compliance with applicable codes, regulations, ordinances and statutes. The foregoing will submit their reports to the department of safety and inspections, which shall submit its own report and recommendation to the council with the reports of the foregoing attached. The council, following a public hearing, shall grant or deny the license application in accordance with the procedures set forth in chapter 310 of this Legislative Code.
(b) Hearing; notification. At least forty-five (45) days before a public hearing on an application for a license, the department of safety and inspections shall notify by mail all owners and occupants who own property or reside within three hundred fifty (350) feet of the property line of the business to be licensed, and all community organizations that have previously registered with such department, of the time, place and purpose of such hearing. The three-hundred-fifty-foot distance shall be measured in a straight line from the nearest point of the property line on which the licensed business is to be operated to the nearest point of the property line whose owner and/or occupant is to be notified; however, when the licensed premises is located in a commercial or industrial park or complex, the three-hundred-fifty-foot distance shall be measured in a straight line from the nearest corner of the building in which the licensed premises is located to the nearest point of the property line whose owner and/or occupant is to be notifed. This notice requirement is not jurisdictional, and errors, omissions or other defects in the measurement or notification shall not invalidate any action taken by the council. These notice requirements do not apply to locations with the downtown business district as that area is defined in section 409.11 of this Legislative Code.
(c) Hearing. The council shall afford the applicant and all interested parties a public hearing on the application.
(d) Basis for denial. The council may deny an application for the grant or renewal of a license on the grounds set forth in section 310.06 of this Legislative Code or on one (1) or more of the following:
(1) Violations of one (1) or more of the prohibitions or requirements of this chapter or of state law or regulation relating to infectious wastes.
(2) The site plan for the premises has not been approved.
(3) A certificate of occupancy has not been issued for the facility or building.
(4) The applicant or licensee is not in substantial compliance with its management plans as developed in compliance with state law.
(e) Restrictions may be imposed. The council may impose reasonable conditions and restrictions upon any license hereunder pursuant to the provisions of section 310.06 of this Legislative Code.
(Ord. No. 17857, § 1, 7-18-91; C.F. No. 04-197, § 1, 3-3-04; C.F. No. 07-149, § 203, 3-28-07)