AN ORDINANCE ESTABLISHING CHAPTER 70 PROVIDING FOR SYSTEMS AND PROCEDURES FOR THE PROCESSING OF ALLEGATIONS OF VIOLATIONS REGARDING TOWN-ISSUED LICENSES AND PERMITS AND PROVIDING CIVIL REMEDIAL SANCTIONS FOR VIOLATIONS THEREOF

The Town Board of the Town of Grant does hereby ordain as follows:

Sec. 70.10 Findings and Purpose.

The Town of Grant regulates many types of activities.  For many of these activities, the Town issues licenses or permits.  Licenses or permits are issued for those activities which have the most profound effect (or potential effect) upon the health, safety and welfare of the citizens .  For example , licenses and permits are issued for bars and retail liquor establishments, junkyards, the sale of cigarettes , the operation of mining pits , and other special uses of property which require the Town Board to be particularly aware of the activities being conducted.

From time to time, the Town is also called upon to determine if the holder of a license or a permit has violated the terms of that license or permit.  Similarly, there are sometimes allegations that the license or permit holder has violated a statute ordinance or rule which also regulates the proper operation of that activity.

Current Town Ordinances do not adequately establish a uniform procedure for the Town to determine if a violation has occurred: Ordinances also do not adequately delineate what remedies are available to the Town to insure that licenses and permits are properly followed in the future so as to properly protect the health, safety and welfare of the Town's residents.

This Ordinance is designed to establish a uniform method of determining whether or not violations have occurred.  It is the intent of the Town Board to establish a system which would provide fair and adequate notice to the permit/license holder of the alleged violation and a hearing before the Town Board.  The possible penalties which are provided for are designed to protect the public from future violations.  Specifically, the sanctions should deter a violator from engaging in future violations and should serve as a warning to other individuals engaged in the same types of activities that the Town Board will respond appropriately to proven violations.

Sec. 70.20 Licenses and Permits.

The terms of this Ordinance shall apply to all licenses and permits (of any kind) issued by the Town of Grant.

Sec. 70.30 Hearing Requirements.

A.All hearings as envisioned within this Ordinance shall take place before the Town Board at the Town Hall or at such other place as is convenient and proper, given the nature of the matter under consideration.
B.None of the civil sanctions authorized herein shall be imposed by the Town Board until the license/permit holder has been given an opportunity for a hearing before the Town Board.
C.Hearings shall be conducted in accordance with the provisions found withìn Minnesota's Administrative Procedure Act (M.S. Z14.57 to Z14.69).
D.This Ordinance does not require the Town of Grant to conduct its hearing before an employee of the Office of Administrative Hearings. Rather, it is intended that hearings will take place before the Town Board.

Sec. 70.40 Civil Sanctions.

If the Town Board finds that a license or permit holder has failed to comply with their license or permit, or has failed to comply with any applicable statute, rule or ordinance related to the operation of the activity for which a license or permit has been granted by the Town, then the Town Board may revoke the license or permit, suspend the license or permit for a period of up to sixty (60) days, impose a civil penalty of up to Two Thousand ($2,000.00) Dollars for each violation, or impose any combination of these sanctions.

Sec. 70.50 Payment of Fines.

A.If the Board imposes a civil fine, the Board shall also allow the license/permit holder a reasonable time to pay the fine.  A "reasonable time to pay" means that all fines shall be paid within sixty (60) days unless the Board determines that a longer period of time is justified under the circumstances of the case.
B.Failure of a license/permit holder to pay a fine within sixty (60) days (or within the time otherwise allowed by the Board) shall cause that license or permit to become immediately suspended until full payment is received by the Town Clerk.

Sec. 70.60 Revocation or Suspension.

Any license/permit holder who has had their license or permit suspended or revoked pursuant to any of the terms of this Ordinance, shall not be allowed to operate the activity which required the license or permit until the license or permit is reinstated.  Any operation during a period of suspension or revocation shall be deemed to be an additional violation of the terms of the permit or license.

Sec. 70.70 Constitutionality.

If any portion of this Ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof.

Sec. 70.80 Effective Date.

This Ordinance shall be in full force and effect from and after its passage and publication, according to law.

WHEREUPON, said Ordinance was declared passed and adopted this 4th day of June, 1996.

Gary Erichson, Chairman

Attest: Deborah Graul, Town Clerk