Ch3.§6-3 · City of Nowthen public records

A. License Required. No person shall sell or offer to sell any licensed product within the City without first having obtained a license to do so from the City.   B. Application. An application for a license to sell licensed products shall be made on a form provided by the City. The application shall contain the full name and date of birth of the applicant, the applicant's residential and business addresses and telephone numbers, the name of the business for which the license is sought, and any additional information the City deems necessary. A business applicant, at the time of application, shall furnish the City with a list of all persons that have an interest of five percent or more in the business. The list shall name all owners and show the interest held by each, either individually or beneficially for others. It is the duty of each business licensee to notify the City Administrator in writing of any change in ownership in the business. If the City Administrator determines that an application is incomplete, the City Administrator shall return the application to the applicant with notice of the information necessary to make the application complete. Upon receipt of a completed application, the City Administrator shall forward the application to the Anoka County Sheriff's Office to conduct a criminal background check. Upon completion of the background check, the City Administrator shall forward the application to the City Council for action at its next regularly scheduled City Council meeting. C. Action. The City Council may either approve or deny the application for a license, or it may delay action for a reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the City Council approves the license, the City Administrator shall issue the license to the applicant. If the City Council denies the license, notice of the denial shall be given to the applicant along with notice of the applicant's right to appeal. Appeals of any decision must be made within thirty (30) days of the denial. If a license application is denied, the earliest an applicant may reapply is 12 months from the date the license is denied. D. Term. All licenses issued under this Ordinance shall expire on December 31 of each year. E. Revocation or Suspension. 1\. Any license issued under this Ordinance may be revoked or suspended as provided in this Ordinance. 2\. If a license is mistakenly issued or renewed to a person or a business, it shall be revoked upon the discovery that the person or business was ineligible for the license under this Ordinance and the City shall provide the person or business with a notice of revocation, along with information on the right to appeal.   3\. Any change in the ownership or control of a licensed business shall be deemed equivalent to a transfer of the license, and any such license shall be revoked 30 days after any such change in ownership or control unless the licensee has notified the Council of the change in ownership by submitting a new license application for the new owners, and the City Council has approved the transfer of the license by appropriate action. Any time an additional investigation is required because of a change in ownership or control of a business, the licensee shall pay an additional investigation fee to be determined by the City. The City may at any reasonable time examine the transfer records and minute books of any business licensee to verify and identify the owners, and the City may examine the business records of any other licensee to the extent necessary to disclose the interest which persons other than the licensee have in the licensed business. The City Council may revoke any license issued upon its determination that a change of ownership of a licensee has resulted in the change of control of the licensed business so as materially to affect the integrity and character of its management and its operation, but no such action shall be taken until after a hearing by the City Council on notice to the licensee. F. Transfers. All licenses issued under this Ordinance shall be valid only on the premises for which the license was issued and only for the person or business to whom the license was issued. The transfer of any license to another location, business, or person is prohibited. G. Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premises. H. Renewals. The renewal of a license issued under this article shall be handled in the same manner as the original application. The request for a renewal shall be made at least 30 days but no more than 60 days before the expiration of the current license. I. Issuance as Privilege and Not a Right. The issuance of a license issued under this article is a privilege and does not entitle the license holder to automatic renewal of the license.   #### 3-6- 4. Eligibility and Basis for Denial of License. ##### A. Eligibility. 1\. Moveable Place of Business. No license shall be issued to a moveable place of business. Only fixed location businesses shall be eligible to be licensed under this article. 2\. Eligible Businesses. Licenses shall only be issued to the following entities located in the C-1 Commercial Zoning District: (a) Vendors selling primarily tobacco, tobacco related products or THC products. (b) Restaurants selling prepared food which also have an alcohol license. (c) Vendors selling primarily CBD products. (d) Vendors selling primarily vitamins, health-related supplements, and skin care products. 3\. Exclusive Liquor Store. No license shall be issued to an exclusive liquor store as defined in Minn. Stat. § 340A.101, subd. 10. 4\. Proximity to Schools. No license shall be issued for a premises within 1,000 feet of any school. The distance is to be measured from the closest point of the property the school is located on to the closest side of the structure within which the licensed product is be sold. 5\. Proximity to Certain Establishments. No license shall be issued for a premises within 500 feet of any daycare, residential treatment facility, or an attraction within a public park that is regularly used by minors, including a playground, or athletic field. The distance is to be measured from the closest point of the property the school is located on to the closest side of the structure within which the licensed product is be sold. 6\. Delinquent Taxes and Charges. No license shall be granted or renewed for operation on any premises on which taxes, assessments, utility charges, service charges, or other financial claims of the City are delinquent and unpaid. In the event an action has been commenced pursuant to the provisions of Minn. Stat. Ch. 278, as it may be amended from time to time, questioning the amount or validity of taxes, the City Council may, on application by the licensee, waive strict compliance with this paragraph. No waiver may be granted, however, for taxes or any portion   thereof which remain unpaid for a period exceeding one year after becoming due. 7\. Zoning Compliance. No license shall be granted or renewed for operation on any premise where the sale of THC Products would be in violation of the City's Zoning Ordinance. 8\. No entity shall be issued a license to sell THC Products on municipally- owned property. B. Grounds for Denial. Grounds for denying the issuance or renewal of a license under this Ordinance include, but are not limited to, the following: 1\. The applicant is under the age of 21 years. 2\. The applicant is prohibited by Federal, State, or other local law, ordinance, or other regulation from holding a license. 3\. The applicant has been convicted within the past five years for any violation of a Federal, State, or local law, other ordinance, provision, or other regulation relating to the licensed products. 4\. The applicant has had a license to sell licensed products suspended or revoked during the 12 months preceding the date of application, or the applicant has or had an interest in another premises authorized to sell licensed products, whether in the City or in another jurisdiction, that has had a license to sell licensed products suspended or revoked during the same time period, provided the applicant had an interest in the premises at the time of the revocation or suspension, or at the time of the violation that led to the revocation or suspension. 5\. The applicant is a business that does not have an operating officer or manager who is eligible pursuant to the provisions of this Ordinance. 6\. The applicant is the spouse of a person ineligible for a license pursuant to the provision of Section 4.B.2 or Section 4.B.3 of this Ordinance or who, in the judgment of the City Council, is not the real party in interest or beneficial owner of the business to be operated, under the license. 7\. The applicant fails to provide any information required on the application or provides false or misleading information. Any false statement on an application, or any willful omission of any information called for on such application form, shall cause an automatic refusal of license, or if already   issued, shall render any license issued pursuant thereto void and of no effect to protect the applicant from prosecution for violation of this Ordinance, or any part thereof.

Ch.3 § 6-3

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