CITY OF COON RAPIDS, MINNESOTA
CHAPTER 5-100
GENERAL PROVISIONS

5-101 Powers of City Council. The City Council shall have all the legislative and discretionary powers of the City to regulate and issue licenses and permits.

5-102 Authority of City Clerk to Issue. Except as may be otherwise provided in Titles 5 and 6, the City Clerk is authorized to approve or deny applications for all licenses and permits provided for therein and, upon approval, to issue the appropriate licenses and permits. Applications shall be made in writing on such forms as the Clerk may from time to time designate and shall contain such information as may be required by the Clerk. Applications shall be made by the proposed licensee or permittee or the applicant’s designated authorized agent. Unless otherwise provided, the decision of the Clerk must be made within 14 business days following receipt of a completed application. For reasonable cause, the Clerk may, by providing written notice before the end of the initial review period, extend the review period one time for an additional period of up to 14 business days. All decisions of the Clerk must be in writing and any denial must state the reasons therefor. The issuance of a license or permit will constitute written approval of an application. Failure of the Clerk to act on an application within the allotted time period, or any extension thereof, will constitute approval of the application. [Revised 3/1/05, Ordinance 1869]

5-103 Referral to Council. The City Clerk will refer any application to the City Council whenever the applicable City Code provisions require Council action. [Revised 3/1/05, Ordinance 1869]

5-104 Appeal to City Council. Within ten (10) calendar days after written notice of the City Clerk’s decision, any aggrieved party may appeal that decision to the City Council by submitting a written notice of appeal with the Clerk stating the grounds for the appeal. The Clerk will cause the appeal to be placed on the next available City Council agenda that is scheduled not less than 10 nor more than 30 calendar days following receipt of the appeal notice. The Clerk will, in writing, notify the applicant, and such other appropriate parties as determined by the Clerk, of the date, time and place of the meeting at which the appeal will be heard. If the Clerk has issued a license or permit and an aggrieved party appeals that action, the license or permit shall remain in effect until the Council has acted upon the matter. The Council may affirm or deny the issuance of the license or permit in accordance with the appropriate Code section. The decision of the Council may be subject to judicial review upon written notice thereof provided to the City Clerk within ten (10) calendar days after the Council’s decision. If no appeal is taken as provided for herein, a license or permit issued by the Clerk, or by the Council on appeal, shall be deemed valid and may be revoked only after a hearing and for cause shown, as provided for in Section 5-108.[Revised 3/1/05, Ordinance 1869]

5-105 License Period and Fee. Each license issued pursuant to this Chapter shall run from January 1 through December 31 of each year, unless otherwise stated, and the required fee shall be prorated on a monthly basis unless specifically provided otherwise. If the fee is prorated, the City Clerk or the Council may stay commencement of the license period until the purpose for which the license is granted begins. The license fee shall accompany each application and shall be returned to the applicant if the application is denied, unless specifically provided otherwise.

5-106 Posting. Any license or permit that is issued pursuant to this Chapter shall be posted in a conspicuous place on the licensed premises for its duration.

5-107 Transfer of License. No license or permit shall be transferable as to holder or location without the consent of the City Clerk, if the license was issued by the Clerk, or by the City Council if issued by the Council.

5-108 Revocation or Suspension. The City Council may, for cause, revoke or suspend any license or permit issued pursuant to this Chapter. Before revocation or suspension, the licensee or permittee shall be provided with written notice setting forth the nature of the charges and setting a date and time for the hearing before the City Council, which hearing shall not be less than ten (10) nor more than 30 calendar days following the date of service of such notice upon the licensee or permittee by registered mail or personal service. The licensee or permittee shall have the right to appear with counsel, and to present such evidence and make such argument as the Council may deem appropriate. The Council shall have the discretion and authority to suspend the license or permit pending the hearing. [Revised 3/1/05, Ordinance 1869]

5-109 Retail Liquor License Revocation or Suspension; Civil Penalty. Notwithstanding the provisions of Section 5-108 the City Council may suspend, revoke, impose a civil penalty, or impose a combination of these sanctions with respect to a retail liquor license, but only in conformance with Minnesota Statutes Section 340A.415.[Revised 9/3/96, Ordinance 1573]

5-110 Criminal History Background Investigations. When required by law or ordinance as a condition of the issuance of a license, the Police Department is authorized to conduct criminal history background investigations on applicants 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 staff as appropriate. Except in the case of exceptions set forth in Minnesota Statutes Section 364.09, as may be amended from time to time, if the City denies an application for a license due partly or solely to the applicant’s prior conviction of a crime, the City Manager, or the Manager’s designee, will notify the applicant in writing of the following:

(1) the grounds and reasons for denial;
(2) the applicant complaint and grievance procedure set forth in Minnesota Statutes Section 364.06, as may be amended from time to time;
(3) the earliest date the applicant may reapply for a license; and
(4) that all competent evidence of rehabilitation will be considered upon re-application. [Adopted 5/6/03, Ordinance 1799]

5-111 Notice. For the purposes of Titles 5 and 6, any required written notice will be considered completed at such time as it is deposited in the United States mail. Unless the City Clerk is advised otherwise, notices relating to licenses and permits under Title 5 will be addressed to the applicant and sent to the address provided on the application form. The issuance of a license or permit will be considered written notice of approval of an application. [Revised 3/1/05, Ordinance 1869]

5-112 Time Extensions. Unless otherwise provided in State law or elsewhere in this Title 5, the City Clerk may, for cause, extend the time for approving or denying an application for license or permit. The extension may not exceed 14 calendar days and the Clerk must notify the applicant of the extension and the reasons therefore before the end of the initial approval period. [Revised 3/1/05, Ordinance 1869]

5-113 Definitions. For purposes of this Title 5, the following terms will have the meanings provided in this section unless specifically stated otherwise.

(1) "Business Days" mean those days when the offices of the City of Coon Rapids are open for normal business.
(2) "City Clerk" means the duly appointed City Clerk or the Clerk's designee.
(3) "Mail" means the deposit in the United States mail. [Revised 3/1/05, Ordinance 1869]