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4. Under Minnesota Statute 340A.413 the number of “on-sale” and “off-sale” licenses that can be issued are limited based on city populations. A maximum of four (4) “on-sale” licenses will be issued in the City of Gem Lake based on Subd. 1. A maximum of two (2) “off-sale” licenses will be issued in the City of Gem Lake based on Subd. 5. 5. Upon receipt of a complete application, the Administrator City Clerk shall forward same the application to the City’s law enforcement agency within seven (7) days for a background investigation of the Applicant and the Retail Establishment and its officers and owners, said background investigation to be completed within ten (10) days at which time the results of the background check shall be provided to the AdministratorCity Clerk. 6. Upon receipt of the background investigation, the Administrator shall advise the City Clerk to shall place consideration of the Application and approval or denial by the City of Gem Lake Council on the agenda of the next meeting of said Council. Section 4. License Fees. 1. Each application for a license shall be accompanied by a receipt from the City Treasurer for payment in full of the required fee for the license. All fees shall be paid into the general fund of the municipality. Upon rejection of any application for a license, the treasurer shall refund the amount paid. 2. All licenses shall expire on the last day of December of each year. Each license shall be issued for a period of one year except that if a portion of the license year has elapsed when the application is made, a license may be issued for the remainder of the year for a pro rata fee. In computing such fee, any unexpired fraction of a month shall be counted as one month. 3. No refund of any fee shall be permitted except as authorized under Minnesota Minn. StatutesStat., §Section 340A.408. Section 5. Granting of Licenses. 1. The City Council shall investigate all facts set out in the application. Opportunity shall be given to any person to be heard for or against the granting of the license. After such investigation and hearing, the City Council shall grant or refuse the application in its discretion. No “off-sale” license shall become effective until it, together with the proof of financial responsibility furnished by the applicant, has been approved by the State Commissioner of Public Safety. 2. An applicant seeking an “on-sale” license shall pay an investigation fee with the required annual license fee, as determined by the City’s adopted Fee Schedule . If investigation outside the State of Minnesota is required by the City Council or the State Commissioner of Public Safety , t The applicant shall pay the actual cost of the investigation, up to 2. $10,000.00, prior to any action to approve or deny the license. 3. Each license shall be issued to the applicant only. Each license shall be issued only for the premises described in the application. No license may be transferred to another person or to another place without the approval of the City Council. 4. Licenses may be denied any Applicant who has been convicted within the past five (5) years of any violation of a Federal, State, or local law, ordinance provision, or other regulation relating to Liquor, Liquor Products, or Liquor Related Devices. Section 6. Persons Ineligible for License. No license shall be granted to or held by any person made ineligible for such a license by State law. No license shall be issued to an individual who is a nonresident of the City. Section 7. Places Ineligible for License. 1. No license shall be issued for any place or for any business ineligible for such a license under State law. 2. No license shall be issued to any business, except an exclusive liquor store, until it has been in operation continuously for six months.