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CC WS PACKET 07252023
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CC WS PACKET 07252023
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7/21/2023 3:30:34 PM
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(F) The revocation within the previous five years of any license issued to an applicant <br />for the purpose of operating as a mobile food unit; and/or <br />(G) When an applicant has a bad business reputation. Evidence of a bad business <br />reputation shall include, but is not limited to, the existence of more than three complaints <br />against an applicant with the Better Business Bureau, the Office of the Minnesota <br />Attorney General or other state attorney general's office, or other similar business or <br />consumer rights office or agency, within the preceding 12 months, or three complaints <br />filed with the city against an applicant within the preceding five years. <br />§ 114.06 LICENSE SUSPENSION AND REVOCATION. <br />(A) Generally. Any license issued under this chapter may be suspended or revoked at <br />the discretion of the City Council for violation of any of the following: <br />(1) Subsequent knowledge obtained by the city of fraud, misrepresentation, or <br />incorrect statements provided by an applicant on the application form; <br />(2) Fraud, misrepresentation, or false statements made during the course of the <br />licensed activity; <br />(3) Subsequent conviction of any offense to which the granting of the license <br />could have been denied under § 114.05 of this chapter; <br />(4) Engaging in any prohibited activity as provided under § 114.09 of this <br />chapter; or <br /> (5) Violation of any other provision of this chapter. <br />(B) Notice. Prior to revoking or suspending any license issued under this chapter, the <br />city shall provide a license holder with verbal and written notice of alleged violations and <br />inform the licensee of his or her right to a hearing on the alleged violation. Notice shall <br />be delivered in person or by mail to the permanent residential address listed on the <br />license application; if no residential address is listed, then to the business address <br />provided on the license application. <br />(C) Hearing. Upon receiving the notice provided in division (B) of this section, the <br />licensee shall have the right to request a hearing. If no request for a hearing is received by <br />the City Clerk or its designee within seven days following the service of the notice, the <br />city may proceed with the suspension or revocation. For the purpose of a mailed notice, <br />service shall be considered complete as of the date the notice is placed in the mail. If a <br />hearing is requested within the stated time frame it shall be scheduled within 20 days <br />from the date of the request for the hearing. Within three regular business days of the <br />hearing, the City Council shall notify the licensee of its decision. <br />(D) Emergency. If, in the discretion of the City Clerk or City Manager, imminent harm <br />to the health or safety of the public may occur because of the actions of a licensee <br />operating a mobile food unit licensed under this chapter, the City Clerk, or its designee,
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