§ 5-18. Kennel license.

(a)

License required. No person shall maintain a private or commercial kennel in the city without a license. No license shall be required for a private kennel consisting of cats, if the kennel is located on a tract or parcel of land being used for agriculture as that term is defined in the zoning ordinance, and if the cats are kept for rodent control purposes incident to the agricultural use of the tract or parcel of land.

(b)

License; application. Application for a kennel license shall be made on forms provided by the city manager. The application shall contain:

(1)

A description of the property to be used;

(2)

The names and addresses of the owner, lessee, if any, and the operator or manager;

(3)

The names, residences and addresses of two persons, residents of Carver or Hennepin Counties, who are familiar with the applicant's, the manager's or operator's character;

(4)

Whether the applicant, manager or operator has ever been convicted of a crime or offense other than a traffic offense and, if so, information as to the time, place, and nature of such crime or offense; and

(5)

The names, phone numbers and addresses of those persons who will be from time to time designated as a contact person as required by subsection 5-18.2(b).

(6)

Such other information as may be required by the city manager.

If the application is made on behalf of a corporation or a partnership, it shall be accompanied by appropriate business records showing the names and addresses of all individuals having an interest in the business and, in the case of a corporation, the names and addresses of the officers and shareholders. Applicants shall furnish to the city with their application, documents establishing the applicant's interest in the premises on which the business will be located. Documentation shall be in the form of a lease, a deed, a contract for deed or any other document which establishes the applicant's interest. Applications shall be signed and sworn to. If the application is by a natural person, it shall be signed and sworn to by such person; if by a partnership, by one of the partners; and if by an unincorporated association, by the manager or managing officer thereof.

(c)

License fees and license year. The application and license fee shall be as established in chapter 4 of this Code. The application, investigation, and license fees shall be paid when the application is filed. A separate license shall be obtained for each place of business. The licensee shall display the license in a prominent place in the licensed business at all times. Licenses shall expire on the December 31 following the issuance of the license. Applications to renew an existing license must be submitted by December 1.

(d)

Granting or denial of licenses. License applications shall be reviewed by such departments as the city manager shall direct. The review shall include an inspection of the premises covered by the application to determine whether the premises conform to all requirements of this Code. Licenses shall be granted or denied by the city manager subject to the provisions of this chapter. The city manager shall approve the license if the provisions of the Code are met or deny the license if they are not met.

(e)

Revocation, suspension and renewal of license. The license may be revoked, suspended or not renewed by the city manager upon a showing that the licensee, its owner, manager, employee or agent has engaged in:

(1)

Fraud, deception or misrepresentation in connection with the securing or retaining the license.

(2)

Any conduct which would constitute grounds for refusal to issue a license under this chapter.

(3)

Any conduct constituting a violation of any of the rules and regulations provided for under this chapter.

(4)

Any conduct constituting a violation of any provision of a conditional use permit or other zoning restriction.

(5)

Any conduct constituting a nuisance.

(f)

Appeal. The licensee may appeal a denial, suspension, revocation or nonrenewal to the city council. The licensee must file with the city clerk a notice of appeal within ten days of a revocation, suspension or nonrenewal. The council shall consider the appeal at a regularly or specially scheduled council meeting on or after 15 days from service of the notice of appeal upon the city clerk by the licensee. Hearing on the appeal shall be open to the public and the licensee shall have the right to appear and be represented by legal counsel and to offer evidence in behalf of licensure. At the conclusion of the hearing, or as soon thereafter as practicable, the council may order:

(1)

The revocation, suspension or nonrenewal of the license.

(2)

The revocation, suspension or nonrenewal by the city manager be lifted and the license be returned to the licensee.

(3)

Additional terms, conditions and stipulations to be imposed on the licensee to mitigate problems.

(Ord. No. 24-C, §§ 20.01, 20.02, 7-12-76; Ord. No. 350, § 2, 11-24-03; Ord. No. 374, § 1, 4-26-04)

Cross reference

Licenses, permits and miscellaneous business regulations, Ch. 10.