Agenda - Council - 11/10/1997 - Laserfiche WebLink

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I I I I I I ,I I I i I I I I I I I (Note: A different timeline may be used.)The issuance of a license issued under this ordinance Shall be considered a privilege and not an absolute right of the applicant and shall not entitle the holder to an automatic renewal of the license. Section 400. Fees. No license shall be issued under this ordinance until the appropriate license fee shall be paid in full. The fee fora license under th/s ordinance shall be $ (Note: Minnesota Sessioff Laws 1997; Chapter 227, authorizes a license fee sufficient to cover the cost of issuing the license and the anticipated expenses costs of enforcing the ordinance. Fees may also be set in a fee schedule which is then adopted by reference in this-Seetion~ Further, some licensing authorities across the country have started using a variable rate fee system under which the mount of the fee charged depends on the type of sales to be allowed. In addition, some cities have offered discounts to retailers who agree to comply with special provisions such as providing training to their clerks. This exact type of fee system has not been tested in Minnesota Courts, but should be defensible if structured properly.) Section 500. Basis for Denial of License. The following shall be grounds for denying the issuance or renewal of a license under this ordinance; however, except as may otherwise be provided by law, the~ existence of any particular ground for denial does not mean that the (county, city, or township) must deny the license. If a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this Section: (Note: The following is not an exclusive nor exhaustive list, but it does represent the most common and defendable grounds for denial of the license. A licensing authority cannot act arbitrarily or capriciously when deciding whether or not to deny a license. Further, an applicant is entitled to a certain amount of due process before being denied a license.) A. The applicant is under the age of 18 years. B. The applicant has been convicted within the past five years ofany violation of a Federal, State, or local law, ordinance provision, or other regulation relating to tobacco or tobacco products, or tobacco related devices. (Note: The five year ban is a common number but it could be modified. Bans longer than five years, however, are more risky.) C. The applicant has had a license to sell tobacco, tobhcco products, or tobacco related devices revoked within the preceding twelve' months of the date of application. D. The applicant fails to provide any information required on the application, or provides false or misleadihg information. E. The applicant is prohibited by Federal, State, or other local law, ordinance, or other regulation, from holding such a license. League of Minnesota Citics/8/97 6 /5t