HF 4570

as introduced - 91st Legislature (2019 - 2020) Posted on 04/17/2020 02:06pm

A bill for an act
relating to economic development; establishing a variance process for business
license requirements during COVID-19 pandemic.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. new text begin BUSINESS LICENSE VARIANCES DURING COVID-19 PANDEMIC.
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new text begin Subdivision 1. new text end

new text begin Business license variance. new text end

new text begin During such time that the governor has
declared a peacetime emergency related to the COVID-19 pandemic, the commissioner of
employment and economic development, by and through the Bureau of Business Licensing
and the assistance of executive branch agencies of the state under Minnesota Statutes, section
116J.77, shall develop a variance process for a business license issued by the state.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin For the purposes of this section, the definitions in Minnesota
Statutes, section 116J.74, apply.
new text end

new text begin Subd. 3. new text end

new text begin Variance; suspension of penalties and late fees. new text end

new text begin (a) An applicant for an initial
or renewed business license within the state may apply to the Bureau of Business Licensing
for a 120-day variance to business license requirements if the applicant can establish the
following:
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new text begin (1) the applicant can cure the business license requirement defect within 120 days of
the grant of a variance;
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new text begin (2) the applicant has suffered an economic hardship arising out of the COVID-19
peacetime emergency declaration that has resulted in the need for a variance to the business
license requirement;
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new text begin (3) the variance to business license requirements is necessary to continue operations
within the state; and
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new text begin (4) granting of a variance of a business license requirement will not pose an undue health
and safety hazard to an employee or customer of the business.
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new text begin (b) An applicant who is granted a variance under this section is not subject to any late
fees or penalties arising out of a business license requirement defect within the 120-day
variance period.
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new text begin Subd. 4. new text end

new text begin Application; review. new text end

new text begin (a) The commissioner shall establish an application for
a variance under this section.
new text end

new text begin (b) The commissioner shall establish a review process for determination of whether a
business license defect has been cured at the end of the 120-day variance period. If the
commissioner determines that the business license defect has been cured, the business license
is granted or renewed as of the date of the cure. If the applicant can show that extenuating
circumstances have prohibited the applicant from curing the business defect within the
120-day period, the commissioner may grant an additional 120-day extension if the
requirements of subdivision 3 continue to be met.
new text end