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<br />for any reasonable period of time as necessary to complete any investigation of the <br />application or the applicant that it deems necessary. If the City Council approves the <br />application, the Licensing Clerk shall issue the license to the applicant. If the City Council <br />denies the application, notice of the denial shall be given to the applicant along with notice <br />of the applicant’s right to appeal the City Council’s decision. <br /> <br />(3) Term. All licenses issued under this subchapter shall be valid for 1 calendar year from the <br />date of March 15. <br /> <br />(4) Revocation or suspension. Any license issued under this subchapter may be revoked or <br />suspended as provided in § 111.056. <br /> <br />(5) Transfers. All licenses issued under this section shall be valid only on the premises for <br />which the license was issued and only for the person to whom the license was issued. The <br />transfer of any license to another location or person is prohibited. <br /> <br />(6) Moveable place of business. No license shall be issued to a moveable place of business. <br />Only fixed location businesses shall be eligible to be licensed under this subchapter. <br /> <br />(7) Display. All licenses shall be posted and displayed at all times in plain view of the general <br />public on the licensed premises. <br /> <br />(8) Renewals. The renewal of a license issued under this section shall be handled in the same <br />manner as the original application. The request for a renewal shall be made at least 30 <br />days, but no more than 60 days before the expiration of the current license. The license <br />holder is not entitled to an automatic renewal of the license. <br /> <br />(8)(9) Issuance as privilege and not a right. The issuance of a license is a privilege and does not <br />entitle the license holder to an automatic renewal of the license. <br /> <br />(9)(10) Smoking prohibited. Smoking, including smoking for the purpose of the sampling of licensed <br />products, is prohibited within the indoor area of any retail establishment licensed under this <br />ordinance. <br /> <br />(10)(11) Samples prohibited. No person shall distribute samples of any licensed product free of <br />charge or at a nominal cost. The distribution of licensed products as a free donation is prohibited. <br /> <br /> <br />§ 111.048 FEES. <br /> <br />If an application is granted by the City Council, a license will be issued by the Licensing Clerk upon <br />payment in full, of the fee required under Chapter 33. <br /> <br /> <br />§ 111.049 BASIS FOR DENIAL OF LICENSE. <br /> <br />(A) The following shall be grounds for denying the issuance or renewal of a license under this <br />subchapter: <br /> <br />(1) The applicant is under 21 years of age. <br /> <br />Commented [PHLC9]: The City could consider adding <br />this clause to be clear that a license is a privilege and there is <br />no absolute right to a license. <br />Commented [PHLC10]: Smoking is already prohibited <br />below in §115.059, but it could be included here to ensure <br />that licensees do not permit smoking for the purposes of <br />sampling. <br />Commented [PHLC11]: Many jurisdictions in Minnesota <br />go further than state and federal law, which prohibit some <br />samples, by prohibiting all samples. This is a public health <br />measure to reduce youth access to free or low-cost products. <br />Commented [PHLC12]: Fees provide revenue for the <br />administration and enforcement of the ordinance and for <br />retailer and community education. Periodic review and <br />adjustment of licensing fees will ensure that they are <br />sufficient to cover all administration, implementation, and <br />enforcement costs, including compliance checks. Our <br />publication, Retail License Fees, provides more information <br />about retail licensing fees and a license fee checklist.