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To: Mayor Hicks & City Councilmembers
From: Melanie Mesko Lee, Assistant Ciiy Administrator
Re: License Late Fee Ordinance Amendment
Date: January 31, 2008
Council Action Requested:
Conduct a public hearing and a second reading far an ordinance amendment relating to
license late fees.
Back~-ound Information:
This amendment would allow for late fees to be attached if a licensee fails to submit all
required information and fees for a license renewal by the date indicated by the invoice.
Currently, a late fee can only be charged if the fee itself is paid. Please see attached
information with the City Attorney's memo and the proposed language change.
If you have any questions, please let me know.
Thank you.
~-~ ~
Donald 1_ Flueget x
Daniel 1_ Ftueget
Sean tt McCarthy
FLUEGEL LAW FIRM P.A.
Attorneys At Law
1303 Soeith Frontage Road, Saite 5
Hastings, MId 55033-2477
Telephone 651-038-9777
Fax 65t-d38-9775
Memorandum
To: Honorable Mayor and City Council
From: Daniel J_ Fluegel, City Attome
Date: January l6, 2408
Subjeei: Ordinance Amendment -Late Fees for Late Filed Licensed Documents
Request
The City Council is asked to complete a first reading and order a public hearing to consider adopting
changes to City Code Chapter 114.19 currently pertaining to Late license payments.
Proposed Clran~es.
The current City Code provides for a Late payment penal#y if a licensee fails to pay license fees when
due. The cttnent penalty is 10% of the license fee invoiced or $30.(?0, which ever amount is greater.
The City is experiencing a recurring problem with licensees paying the annual license fees on time
but failing to submit ail necessary documents for issuance of the license. The current City Code
does not provide any penalty far failing to subnut license documents on time.
The proposed City Code amendment would allow the City to impose a penalty for }ate filed
documents. The penalty amount has not been chanted and the proposed amendment provides for
a penalty of t 0% of the license fee invoiced or $30.00, whichever amount is greater.
Attachments
Late Payments and Documents Ordinance Amendment.
DA=~I/ham
* Also admitted to practice in wiscoasin
ORDINANCEND , - T'HIleDSERIES
AN DRDINAIVCE OF THE CITYOFHASTINGS, MINNESOTA
AMENDINGCHAPTER IID OFTHEHASTINGSCITYCODE
PERTAINING TO GENERAL BUSINESS LICENSING
BEIT ORDAINED BYTHE CI7YCOUNCIL OF THE ClIYOFHASTINGSAS FOLLOWS:
Chapter 110 of the Hastings City Code is hereby amended and Section 110.19 shall be deleted in
its entirety and replaced as follows:
§ 110.19 LATE PAYMENTS AND LICENSE DOCUMENTS.
(A) Purpose. The purpose of this section is to establish penalties for failure to pay annual
license fees or failure to subnut required license documents within the time required by the City
of Hastings.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless
the context clearly indicates or requires a different meaning.
LICENSE FEES: Those fees which are imposed by the city for a variety of licenses
including, but not limited to, liquor, gambling, tobacco, amusement, and rental property licenses.
PENALTY. The fee charged by the City of Hastings to those individuals or entities that: (1)
do not deliver Required License Documents to the City of Hastings by the applicable due date, or
(2) do not pay the invoiced License Fees by the due date noted on the invoice sent to the
licensce_
REQUIRED LICENSEDOCUMENT~ All documents a license applicant is required
by the City Code or other applicable law to submit to the City of Hastings for application and
issuance of a new or renewal license. Required License Documents include, but are not limited
to, completed license applications, insurance and bond certificates, and approvals from other
government bodies or agencies.
(C) Penalty established A penalty in the amount of 10% of the license fee invoiced or $30,
whichever amount is greater, is established for any license applicant or licensee that does either
or both of the following: (1) fails to deliver Required License Documents to the City of Hastings
by the applicable due date, or (2) fails to pay the invoiced License Fees by the date noted on the
invoice sent to the licensee.
(D) Failure to pay penalty Failure to pay any penalty imposed by this section shall be
grounds far the suspension or tfrmination of any license issued by the city.
(E) Volation a misdemeanor. Every person who violates a section, subdivision, paragraph,
or provision of this section when they perform an act thereby prohibited or declared unlawfiil, or
fails to act when the failure is thereby prohibited or declared unlawful, and upon conviction
thereof, shall be punished as fox a misdemeanor.
(Ord. 492, passed 421-2003) Penalty, see § 10.99
Council member moved a second to this Resolution, and upon being
put to a vote it was unanimously adopted by all Council members pc~esent.
Adopted by the Hastings City Council on this 4th day of February, 2008, by the
following vote:
Ayes
Nays:
Absent:
CITYOFHASTING.S
Pau13. Hicks, Mayor
ATTEST:
Melanie Mesko Lee, City Clerk
l hereby certify that the above is a flue and correct copy of the Resolution presented to
and adopted by the City of Hastings, County of Dakota, Minnesota, on the 4~' day of February,
2008, as disclosed by the records of the City of Hastings on f Ie and of record in the office_
Melanie Mesko Lee,
City Clerk