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2002-08-23 Proposed Right of Way Ordinance Memo
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2002-08-23 Proposed Right of Way Ordinance Memo
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<br />discretion of the Council that it is in the public interest to do so, on <br />an application for renewal of a license, the city shall conduct a <br />preliminary background investigation of the applicant or it may <br />contract with the Commissioner of Public Safety for the <br />investigation. The applicant shall pay with the application an <br />investigation fee of $500 which shall be in addition to any license <br />fee. If the cost of the preliminary investigation is less than $500, <br />the unused balance shall be returned to the applicant. The results <br />of the preliminary investigation shall be sent to the Commissioner of <br />Public Safety if the application is for an on-sale intoxicating liquor <br />license or an on-sale wine license. <br /> <br />B. Comprehensive background investigation. If the results of the <br />preliminary investigation warrant, in the sound discretion of Council, <br />a comprehensive background investigation, the Council may either <br />conduct the investigation itself or contract with the Commissioner of <br />Public Safety for the investigation. The investigation fee for this <br />comprehensive background and financial investigation to be paid <br />by the applicant shall be $500, less any amount paid for the initial <br />investigation if the investigation is to be conducted within the state, <br />and $10,000, less any amount paid for the initial investigation, in <br />the investigation is required outside the state. The unused balance <br />of the fee shall be returned to the applicant whether or not the <br />application is denied. The fee shall be paid in advance of any <br />investigation and the amount actually expended on the <br />investigation shall not be refundable in the event the application is <br />denied. The results of the comprehensive investigation shall be <br />sent to the Commissioner of Public Safety if the application is for an <br />on-sale intoxicating liquor license or an on-sale wine license. <br /> <br />Section 16. Hearing and Issuance. <br /> <br />The Council shall investigate all facts set out in the application and not investigated in <br />the preliminary or comprehensive background investigations. Opportunity shall be <br />given to any person to be heard for or against the granting of the license at the first <br />scheduled Council meeting in November for renewals or at the time of review for a new <br />application. After the investigation and hearing, the Council in its sound discretion may <br />grant or deny the application. No license shall become effective until the proof of <br />financial security has been approved by the Commissioner of Public Safety. <br /> <br />Should the City Council deny the applicant's request for a license due, partially or solely, <br />to the applicant's prior conviction of a crime, the City Council shall notify the applicant of <br />the grounds and reasons for the denial; the applicable complaint and grievance <br />procedure as set forth in Minnesota Statutes, Section 364.06; the earliest date the <br />applicant may reapply for a license; and that all competent evidence of rehabilitation will <br />be considered upon reapplication. <br /> <br />Section 17. Restrictions on Issuance. <br /> <br />Page 10 of 18 <br />
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