HomeMy WebLinkAbout20080122 - VI-11FLUEGEL LAW FIRM P.A.
Donald J. Fluegel
Daniel J. Fluege!
Sean R. McCarthy
Memorandum
Attorneys At Law
1303 South Frontage Road, Suite 5
Hastings, MN 55033-2477
To: Honorable Mayor and City Council
From: Daniel J. Fhtegel, City Attorne
Date: January 16, 2008
Subject: Ordinance Amendment -Late Fees for Late Filed Licensed Documents
Request.
Telephone 651-438-9777
Fax 651-438-9775
The City Counci 1 is asked to complete a first reading and order a public hearing to consider adopting
changes to City Cade Chapter 110.19 currently pertaining to late license payments.
Proposed CI«rnges
The current City Code provides for a late payment penalty ifa licensee fails to pay license fees when
dtle. The current penalty is 10% of the license fee invoiced or $30.00, which ever amount is greater.
The City is experiencing a recurring problem with licensees paying the annual license fees on time
bt~t failing to submit all necessary documents for issuance of the license. The current City Code
does not provide any penalty for failing to subnut license documents on time.
The proposed City Code amendment would allow the City to impose a penalty for late filed
doclllnents. The penalty amount has not been changed and the proposed amendment provides for
a penalty of I O% of the license fee invoiced or $30.00, whichever amount is greater.
Attnc/rnrents.
Late Pay-nents and Documents Ordinance Amendment.
DAV/ham
VI-11
Also admitted to practice in Wisconsin
ORDINANCE NO. -THIRD SERIES
AN ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA
AMENDING CHAPTER 110 OF THE HASTINGS CITY CODE
PERTAINING TO GENERAL BUSINESS LICENSING
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS 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 submit 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
licensee.
REQUIRED LICENSE DOCUMENTS. 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 for the suspension or termination of any license issued by the city.
(E) Violation 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 for a misdemeanor.
(Ord. 492, passed 4-21-2003) 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 present.
Adopted by the Hastings City Council on this 4th day of February, 2008, by the
following vote:
Ayes
Nays:
Absent:
CITY OFIIASTINGS
Paul J. Hicks, Mayor
ATTEST:
Melanie Mesko Lee, City Clerk
I hereby certify that the above is a true 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 file and of record in the office.
Melanie Mesko Lee,
City Clerk