Licenses and Permits

Section 1000 - General Provisions

1000.01 - Policy and purpose of chapter

By the enactment of this chapter, the city council intends to establish to the maximum degree possible a uniform system for the issuance, revocation, suspension, and renewal of licenses and permits for all activities for which licenses and permits are required by this code. The council also intends that fees for licenses and permits required by this code are those set by this chapter.

1000.03 - Fees

Subdivision 1 - General

The fees for the various licenses and permits are adopted by council resolution from time to time and are set out in appendix I.

Subd. 2 - Other provisions

City events and city-wide celebrations sponsored by local non-profit/civic organizations in conjunction with the city are exempt from license and permit fees except the on-off intoxication and non-intoxication liquor. the organization obtaining the license must reimburse out-of-pocket expenses incurred by the city related to the event.

1000.05 - Application of chapter

Subdivision 1 - General

Where a provision of this code requiring a license or a permit contains no procedures for issuance, revocation, suspension, renewal, or fee, the provisions of this chapter apply.

Subd. 2 - Other provisions

Where a provision of this code requiring a license or a permit contains procedures for it issuance, revocation, suspension, renewal, or fee, such provisions prevail over this chapter.

Subd. 3 - Conflicts

Where a direct conflict exists between a license or permit fee set by provision of this code and a fee set by this chapter, the fee set by this chapter applies.

Subd. 4 - Liquor and beer

Prior to the increase of the license fees for intoxicating liquor and non-intoxicating liquor both on-sale and off-sale, the council must hold a public hearing on the question of the increase. The clerk-treasurer must mail written notice of the time and date of the hearing to holders of such license at least 30 days prior to the hearing.

Section 1005 - Licensing Procedures

1005.01 - Licenses required

It is unlawful to engage in a trade, profession, business, or privilege in the city for which a license is required by any provision of this code without first obtaining a license from the city in the manner provided in this section.

1005.03 - Application

Application for a license is made to the city clerk-treasurer upon forms provided by the city. the applicant must state the location of the proposed activity and such other facts as are required for or applicable to the granting of the license.

1005.05 - Payment of fee

The fees required for a license must be paid at the office of the city clerk-treasurer before the granting of the license. Unless otherwise provided by this code a license fee may not be prorated for a portion of a year, and a license fee paid will not be refunded.

1005.07 - Bond and insurance

Required bonds must be executed by two sureties, or a surety company, and be subject to approval of the clerk-treasurer and the council. Where policies of insurance are required, the policies must be approved as to substance and form by the city attorney. Satisfactory evidence of coverage by bond or insurance must be filed with the clerk-treasurer before the license is issued.

1005.09 - Approval or denial of license

Where the approval of

  1. a city officer or
  2. state officer or
  3. the council is required prior to the issuance of a license, the approval must be presented to the clerk-treasurer before the license is issued. A license may not be approved by any city officer or issued by the city-treasurer if it appears that the conduct of the activity for which a license is sought will be contrary to the health, safety, welfare of the public or any regulation, law, or ordinance applicable to such activity.

1005.11 - License term

The term of the license year begins on January 1 and ends on December 31. Where the issuance of licenses for periods of less than one year is permitted, the effective date of the license is the date of the issuance.

1005.13 - License certificates

License certificates must show the date of issue, the activity licensed and the term of the license. The certificates must be signed by the clerk-treasurer and be impressed with the city seal.

1005.15 - Exhibition of license certificate

A licensee must carry the license certificate upon the licensee’s person at all times when engaged in the activity for which the license was granted. Where the licensed activity is conducted at a fixed place of business or establishment, the certificate must be exhibited at all times in place of business or establishment. The licensee must present the license certificate when applying for a renewal and upon request of any police officer or authorized representative of the city.

1005.17 - Transfer of license

Unless otherwise provided, a license is not transferable.

1005.19 - Renewal of license

License renewals are issued in the same manner and subject to the same conditions as original licenses.

1005.21 - Revocation; denial; suspension

A license issued or to be issued by the city may be denied, suspended, or revoked by the council for any of the following causes:

  1. Fraud, misrepresentation, or incorrect statement contained in the application for license, or made in carrying on the licensed activity.
  2. Conviction of any crime, or misdemeanor pertaining to license held or applied for.
  3. Conducting such licensed activity in such a manner as to constitute a breach of the peace, or a menace to the health, safety and welfare of the public, or a disturbance of the peace or comfort of the residents of the city, upon recommendation of the city health authorities or other appropriate city official.
  4. Expiration or cancellation of any required bond or insurance, or failure to notify the city within a reasonable time of changes in the terms of the insurance or the carriers.
  5. Actions unauthorized or beyond the scope of the license granted.
  6. Violation of any regulation or provision of this code applicable to the activity, for which the license has been granted, or any regulation or law of the state so applicable.
  7. Failure to continuously comply with all conditions required as precedent to the approval of the license.

1005.23 - Hearing

A license may not be suspended or revoked until after a hearing is granted to the licensee. The hearing to be held before the city council upon due notice to the licensee stating the time and place of such hearing, together with a statement of the violation alleged to be the cause for the revocation or suspension of the license.

1005.25 - Inspections

The city health authority and other appropriate city officials may enter upon the premises where any licensed activity is being conducted for the purpose of inspection at any reasonable hour.

Section 1010 - License Fees

1010.01 - License fees

The fees for the various licenses are set out in appendix I.

Section 1015 - Permit Procedures

1015.01 - Permits required

It is unlawful to engage in any trade, profession, business, or privilege in the city for which a permit is required by any provision of this code without first obtaining a permit from the city in the manner provided in this section.

1015.03 - Application for permit

Application for a permit is made to the clerk-treasurer on forms furnished by the city. The application must contain information as to location, nature, extent, and costs of the proposed structure, work, installation, or other purposes, and other information which the building inspector or other duly authorized persons may require under this code. The application must contain a declaration that the facts and representations therein made are true and correct, which statement must be subscribed to by the person or persons, or officers or agents of a corporation, applying for said permit.

1015.05 - Granting of permits

Upon payment to the city by the applicant of the required fee for any permits, the permit will be issued, except where council approval is required, in which case the clerk-treasurer is authorized to issue such permit after approval is granted by the council.

1015.07 - Permit fees

The fees for the various permits are set out in appendix I.

1015.09 - Payment of fees

Subdivision 1 - Payment

The permit fee and other fees and charges set forth in this code will be collected by the city before the issuance of any permits, and the city clerk-treasurer, building inspector, or other persons duly authorized to issue such permit for which the payment of a fee is required under the provisions of this code may not issue a permit until such fee has been paid.

Subd.2 - Double fees

If a person begins work of any kind for which a permit from the city is required, without having secured the necessary permits therefore, either previous to or on the date of commencement of such work, that person must, when subsequently securing such permit, pay double the fee provided for such permit and is subject to the penalty provisions of this code.

1015.11 - Pets; special provisions

The city council may by resolution fix the impounding fees, the boarding of pet fees, and the fees required for euthanasia.

1015.13 - Zoning and subdivision fees; special provisions

Subdivision 1 - Scope and application

This subsection applies to applications for the platting or re-platting of land and variances from platting regulations made pursuant to section 505 of this code, and to applications for zoning district changes, zoning code text amendments, conditional use permits, and variances, made pursuant to section 515 (appendix I) of this code.

Subd. 2 - Basic fee

The basic fee for an application to which this subsection applies is set in appendix I.

Subd. 3 - Additional fee

In order to defray the costs to the city of processing applications to which this subsection applies, applicants must pay, in addition to the basic fee, a fee computed in accordance with this subdivision. This additional fee represents the following costs.

  1. Costs of material for the application including, but not limited to maps, graphs, charts, and drawing;
  2. Staff and consultant time spent in preparing materials for the application, including necessary research.

This amount if the additional fee will be estimated by the city clerk-treasurer at the time of application based upon an hourly rate for staff and consultant time and estimated costs of materials. The hourly rate and cost estimates utilized in computing the fee must be made available to the applicant by the clerk-treasurer.

Subd. 4 - Fees; payment; deposit

The basic fee and a cash deposit equal to the estimated additional fee must accompany an application filed under this subsection. The city clerk-treasurer must establish procedures for accounting for all costs represented by additional fee. If such actual costs are less than the additional fee cash deposit the excess must be returned to the applicant within 30 days after final action by the council on the application. If such actual costs exceed the additional fee cash deposit, the city clerk-treasurer must bill the applicant agrees to pay all such billings. The council may not grant any application to which this subsection applies until all application fees and excess billings are paid.

Subd. 5 - Refunds

Except as provided in subdivision 4, the basic and additional application fees may not be refunded unless the application is withdrawn prior to its referral to the city council by the city clerk-treasurer or the council.

City of Freeport, MN

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