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Attachment 5 Section 840 - Courtesy Benches 840.01. License required. Subdivision 1. General rule. A person desiring to place and maintain one or more courtesy benches for the convenience of persons waiting for buses upon public property of the city, may be granted a license therefor upon compliance with this section. Subd. 2. Application. The person desiring a license must make written application to the city clerk, showing the requested location and detailed plans and specifications of each proposed bench, the name and address of the applicant, and such other information as may be required by the clerk. Subd. 3. Consent. The consent of the abutting property owners or lessees is required where the proposed location of a bench is in an area where the abutting property is zoned residential or multiple dwelling. In such cases each application must be accompanied by a writing signed by the owners or lessees of the property abutting the proposed location of the bench, showing the owners' or lessees' consent to the installation and maintenance of such bench. Subd. 4. Fees. The application must be accompanied by a license fee set by Appendix B. Subd. 5. Term. Licenses expire annually on December 31. Applications for licenses are considered by the council, and, if approved by the council, are issued by the clerk. Licenses are not transferable. License renewal is subject to the license provisions described in section 1005 Licensing Procedure. (Amended, Ord. No. 02-05) Subd. 6. Renewal. If plans and specifications of the bench, or advertising matter, or location of the bench, are not to be changed, the application for renewal need contain only the name and address of the applicant, and the location and number of the bench for which renewal license is desired. If the original consent of the owner of the land or lessee upon the premises abutting that portion of the street where the bench is located granted to the license holder the continuing right to maintain such bench, the application may so state, and renewed consent will not be required. Subd. 7. Change of ownership or control. If a bench for which a license has been issued is sold or title or control thereof transferred or assigned, a new license is required. Subd. 8. Multiple locations. If the application is for licenses for more than one bench at the same or different locations, a separate number and license will, when issued, be assigned and granted for each bench authorized to be installed, but each license issued is valid only for the location designated in the license. 840.03. Approval of application. A license will not be issued for the installation or maintenance of a bench until approved by the clerk, the engineer, and the council. 840.05. Denial or revocation of license. Subdivision 1. Denial. The application for installation or maintenance of a bench will be denied if it would tend unduly to obstruct passage along any public sidewalk or public way or to create a hazard, or otherwise to be detrimental to the public safety, convenience, welfare, or aesthetics, or if any alternate bench has been provided by the city. (Amended, Ord. No. 93-14) Subd. 2. Revocation. A license may be revoked, or the application for renewal thereof denied, for failure to comply with the provisions of this section, or for misrepresentation of any material facts in the application, or for any reason which would have been grounds for denial of the original application, or where in the judgment of the City Council, maintenance has become inappropriate. Subd. 3. Consent withdrawn. If the abutting owner, or lessee, by writing filed with the city clerk on or before the first day of April preceding the expiration of any license, withdraws consent to the renewal thereof after such expiration, the clerk must promptly notify the licensee of the filing of such writing and the renewal of the license will be denied unless and until such owner, or person in possession or control, consents in writing to the renewal. 840.07. Specifications and maintenance. Page 83 of 89