Loading...
CR 97-112 Approve License Application - Integrity Auto Brokers June 10, 1997 Council Report 97-112 APPROVE LICENSE APPLICATION AND PENALTY INTEGRITY AUTO BROKERS, INC Proposed Action Staff recommends that the Council approver the following motion: Move that the Hopkins Citv Council approve the license application for Automobile Dealer for InteQritv Auto Brokers. Inc. and denv the reauest to waive the pena/tv fees for InteQritv Auto Brokers. Inc. Adoption of this motion will grant license for Integrity Auto Brokers, Inc. to act as an Automobile Dealer and require payment of the penalty along with the license fee. Overview John Walsh purchased Rent.a-Wreck in September or October of 1996. We had conversations before the purchase about the license requirements. Mr. Walsh said that the former owner, Mr. Ralph Karchevski, would aI/ow him to work under the license that was currently held until the end of 1996. Because it was close to the end of the year and because Mr. Walsh also was required to complete changes to the property to comply with the conditional use permit for the property, it was decided that he could continue in that manner. It was confirmed by staff that Mr. Walsh had permission from Mr. Karchevski to work under the existing license until the end of 1996. License renewal forms were sent out for 1997 in October 1996. Mr. Karchevski notified the office that he would not be responsible for the 1997 license. Mr. Walsh was notified that he needed to apply for the 1997 license. Primary Issues to Consider . Was Mr. Walsh aware of the procedure and requirements . What does the ordinance require . Uniform enforcement Supportina Information . Complete application available in the City Clerk's office ~ Ten er aier, City Clerk Council Report 97-112 Page 2 Primarv Issues to Consider . Was Mr. Walsh aware of the procedure and requirements Mr. Walsh appeared before the Zoning and Planning Commission on October 29, 1996, to request the continuation of the CUP. Staff spoke with Mr. Walsh at that time and informed him that the license he was currently operating under would expire on December 31, 1996, and that he would need to apply for his own state license and apply for the 1997 license from the City of Hopkins. He indicated at that time that he understood the procedure. Mr. Walsh submitted an application for a license on May 5, 1997. At the same time he submitted a request for zoning approval for his state license. When Mr. Walsh was informed that he would have to pay the penalty, he said that he was not renewing a license and therefore was not considered as a late renewal. When reading the section further, he stated that he was not applying for a new license late, because he had been operating under an existing license. It was explained to Mr. Walsh that either way, he was not in compliance. Mr. Walsh read the ordinance again and said that the ordinance reads "may" not must. . What does the ordinance require Section 1005.05, subd.2 states "A double fee may be charged any business which fails to secure a license in a timely manner. This provision shall apply to any business which fails to renew a license by the end of January. It will also apply in the case of a business seeking a new or temporary license where the business opens or the activity begins prior to applying for a license." . Uniform Enforcement In some cases, where hardships exist, or circumstances beyond the control of the applicant have caused delays, double fees have been waived. It is believed that in this case, the applicant was fully aware of the procedure and requirements and made a decision to be out of compliance. In similar situations, others have been required to pay the penalty. Alternatives 1. Grant the license without waiving the penalty fee with proof of receipt of state license 2. Grant the license and waive the penalty fee with proof of receipt of state license 3. Do not grant the license Staff recommends alternative number one.