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Ordinance No. 1074 - Applications for City Licenses

ORDINANCE NO. 1074

AN ORDINANCE TO AMEND CHAPTER 110, SECTION 110.02 PERTAINING TO APPLICATIONS FOR CITY LICENSES

The City Council of the City of Worthington Do Ordain:

Section I.

The Worthington City Code Section 110.02 is hereby amended and shall read as follows:

110.02 APPLICATION FOR LICENSE

All applications for licenses shall be made as follows:

(A) All such applications shall be made at the office of the City Clerk upon forms furnished by the city, which forms must have been adopted by resolution of the Council.

(B) All initial applications shall be accompanied by payment of $25 to cover the cost of investigation as herein provided for.

(C) All such applications must be subscribed, sworn to, and include, but not be limited to, the following:

(1) Applicant's name, age and citizenship.

(2) Applicant's present address and length of time he has lived at that address.

(3) Applicant's occupation and length of time so engaged.

(4) Applicant's addresses and occupations for the three years next preceding the date of application.

(5) Names and addresses of applicant's employers, if any, for Athe three years next preceding the date of application.

(6) Type of license and location of premises for which application is made.

(7) At least four character references if applicant has not resided in the city for two years next preceding the date of application.

(8) Such other information as the Council shall deem necessary considering the nature of the business for which license application is made.

(D) It is unlawful for any applicant to intentionally make a false statement or omission upon any application form. Any false statement in such application, or any willful omission to state any information called for on such application form, shall, upon discovery of such falsehood work an automatic refusal of license, or if already issued, shall render any license or permit issued pursuant thereto, void, and of no effect to protect the applicant from prosecution for violation of this title, or any part hereof.

(E) The City Clerk shall, upon receipt of each application completed in accordance herewith, refer the application to the Worthington Police Department which shall conduct a background investigation of the applicant(s) pursuant to Section (F) below. No application shall be approved before such investigation has been completed.

(F) In conducting the criminal history background investigation in order to screen license applicants, the Police Department is authorized to access data maintained in the Minnesota Bureau of Criminal Apprehensions Computerized Criminal History information system in accordance with BCA policy. Any data that is accessed and acquired shall be maintained at the Police Department under the care and custody of the chief law enforcement official or his or her designee. A summary of the results of the Computerized Criminal History data may be released by the Police Department to the licensing authority, including the City Council, the City Administrator/Clerk, or other city staff involved in the license approval process.

Before the investigation is undertaken, the applicant must authorize the Police Department by written consent to undertake the investigation. The written consent must fully comply with the provisions of Minn. Stat. Chap. 13 regarding the collection, maintenance and use of the information. Except for the positions set forth in Minnesota Statutes Section 364.09, the City will not reject an applicant for a license on the basis of the applicant's prior conviction unless conviction is for a felony, gross misdemeanor, or misdemeanor with a jail sentence. If the City rejects the applicant's request on this basis, the City shall notify the applicant in writing of the following:

1. The grounds and reasons for the denial.

2. The applicant complaint and grievance procedure set forth in Minnesota Statutes Section 364.06.

3. The earliest date the applicant may reapply for the license.

4. That all competent evidence of rehabilitation will be considered upon reapplication.

(G) The background investigation pursuant to Section F shall be required on all applicants for the following licenses within the City:

All Licenses Under Chapter 111

Adult Oriented Business Licenses Under Chapter 112

Solicitor Registraion Under Chapter 113

Pawnbrokers Under Chapter 115

Public Dance Under Chapter 119

(H) When an applicant has on file an application in the form hereinbefore prescribed, subsequent applications for licenses may be made in such abbreviated form as the Council may adopt by resolution.

Section II.

Chapter 117 of the Worthington City Code is repealed in its entirety.

The following Sections of the Worthington City Code are hereby repealed:

Section 110.07

Section 111.16 (E)

Section 111.33 (C)(2)

Section 111.47 (B)(2)(i)

Section 111.47 (B)(2)(j)

Section 111.47 (B)(2)(l)

Section 111.47 (B)(4)(d)

Section 111.47 (B)(10)

Section 111.49 (E)(1)

Section 111.50 (B)

Section 111.51 (B)(2)

Section 111.51 (B)(3)

Section 111.51 (B)(7)

Section 112.07 (C)(4)

Section 112.07 (C)(7)

Section 112.07 (D)

Section 112.11 (A)(5)

Section 112.11 (A)(6)

Section 113.04 (B)

Section 113.05 (A)(3)

Section 115.02

Section 115.05

Section 119.08

Section III.

This ordinance shall be in full force and effect after its passage and publication.

Passed by the City Council of the City of Worthington, Nobles County, Minnesota, this 28th day of October, 2013.

(SEAL)

Alan E. Oberloh, Mayor

Attest: Janice Oberloh, City Clerk

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