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CHAPTER 352. INNOVATIVE AND EMERGING SMALL BUSINESS PILOT PERMITS

ORDINANCE By Johnson

Amending Title 13 of the Minneapolis Code of Ordinances relating to Licenses and  Business Regulations.

The City Council of the City of Minneapolis do ordain as follows:

Section 1. That the Minneapolis Code of Ordinances be amended by adding thereto a new Chapter 352 to read as follows:

CHAPTER 352. INNOVATIVE AND EMERGING SMALL BUSINESS PILOT PERMITS

352.10. Review required. In reviewing a license application or proposal, the licensing official shall determine whether a proposed business activity is an innovative and emerging small business type or a nontraditional small business activity that falls outside the parameters of any existing regulated business licensed pursuant to this Code, and whether the proposed business activity presents potential risks to the public health, safety and welfare such that, for the protection of the public, the application or proposal should be denied or subject to additional regulation. Nothing in this chapter shall limit the applicability of any other relevant provisions of this Code, including but not limited to provisions regulating substantially similar uses in the zoning code.

352.20. Licensing official determination; excluded activities. (a) If the licensing official determines that the application or proposal falls outside the parameters of any existing license type and the activity presents potential risks to the public health, safety and welfare which could not be reasonably regulated and accounted for with existing staff resources, the licensing official may deny the license application. The applicant may seek a hearing on the denial pursuant to section 259.255.

(b) In the alternative, if the licensing official determines that the activity could be reasonably regulated, the licensing official is authorized to administratively approve an innovative and emerging small business permit for the applicant to engage in the proposed business activity on a pilot basis. The licensing official shall provide notice to all members of the city council of the proposed administrative issuance or extension of any such permit at least ten (10) days prior to issuance or extension, describing the proposed activity and any conditions. Any council member may require that the permit be first considered by the city council by notifying the licensing official in writing, and, by doing so, the permit may not be issued until approved by the city council.

(c) No permit may be issued pursuant to this chapter for a business activity involving the sale or provision of any food, liquor or beverage alcohol.

352.30. Permit limitations. The innovative and emerging small business permit shall be non-renewable and valid for a maximum of one (1) year. An extension of the permit may be granted for an additional year pursuant to the terms of this chapter. The innovative and emerging small business permit shall be a personal privilege and not property, to the extent permitted by law. The permit shall not be transferrable to another location, person or business entity. If the officers or owners of the business change, the permit shall immediately terminate unless the change has been approved in advance by the licensing official.

352.40. Conditions and cancelation authorized. (a) The licensing official may attach conditions to the permit as are reasonably required to protect the public health, safety and welfare from risks including, but not limited to adverse impact on public health, public safety, increased demand on city services, increased environmental impacts, or increased traffic or congestion in the public right of way. The licensing official may attach any such conditions  when the permit is issued, or the licensing official may attach, remove or modify conditions at any time during the term of the permit, with or without prior notice and subject to a right to appeal pursuant to section 259.255.

(b) The licensing official may make a determination at any time during the term of the permit that the permitted business activity as conducted presents an unreasonable risk to the public health, safety and welfare which cannot be mitigated, and may cancel the emerging business permit, with or without prior notice. If a permit is canceled, the permit holder shall be given the opportunity to appeal the permit rescission pursuant to section 259.255.

352.50. Term end. (a) At the end of the term of the emerging business permit, the permit holder's permission to engage in the permitted business activity shall terminate unless the city council has established a new license category or amended an existing license category under which the permitted business activity may be licensed, and the permit  holder has applied for and obtained the necessary license.

(b) Prior to the expiration of the permit, the licensing official may submit a report to the appropriate standing committee of the city council requesting that a license category be created or amended to license the permitted business activity. The report shall describe the permitted business activity, the history of its operation under the emerging business permit, any disciplinary, legal or law enforcement problems that arose out of the permitted business activity, any positive or negative impacts of the permitted business activity on the public health, safety and welfare, and the public benefit derived from the permitted business activity. The city council may, in its discretion, elect to direct staff to establish a new license category or amend an existing license category on the same or different terms as the permit.

352.60. Additional requirements. (a) Each application for a permit shall be considered independently. The issuance of a permit to an applicant, or the conditions imposed on a permit by the licensing official, shall not be precedent for the issuance of, or imposition of permit conditions upon, a similar permit to any other applicant or permit holder.

(b) Operation of a business under a permit shall constitute acceptance of the terms and conditions of this ordinance, any applicable rules and regulations, and any special conditions of the permit.

(c) The licensing official may issue and publish rules and regulations to effectuate the purposes of this chapter.

(d) The fee for the emerging business permit shall be as established in the Licensee Fee Schedule.

Last updated Jun 12, 2018

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