HomeMy WebLinkAbout2011-001 Council Ordinances1st Reading: 1/10/11
Publication: 2/1/1
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2nd Reading: 1/24/11
Effective: 3/ 3/11
Council Member O' Donnell
moved for adoption of the following ordinance:
CITY OF LINO LAKES
ORDINANCE NO. 01-11
Amending Title 600, Chapter 61 S(Special Events) and Chapter 613 (Transient
Merchant, Peddler, Canvasser, and Solicitor) of the Lino Lakes Code of
Ordinances.
The City Council of Lino Lakes ordains:
Section 1. That Section 615.02 of the above -entitled ordinance be amended to read
as follows:
615.02 SPECIAL EVENTS.
SPECIAL EVENT. An outdoor gathering of at least 50 individuals whether on
public or private property, assembled with a common purpose for a period of
one hour or longer. SPECIAL EVENTS include, but are not limited to concerts,
fairs, carnivals, circuses, parades, flea markets open air markets, marathons,
walkathons, festivals, races, bicycle events, celebrations or any other gathering
or events of similar nature. SPECIAL EVENTS do not include noncommercial
events held on private property such as graduation parties or social parties.
Section 2. That Section 613.02 of the above -entitled ordinance be amended to read as
follows:
613.02 EXCEPTIONS TO DEFINITIONS.
(1) For the purpose of this chapter, the terms peddler, solicitor and transient
merchant shall not apply to the following:
a) Persons doing business by appointment;
b) Persons selling or attempting to sell at wholesale their goods,
wares, products or merchandise to retail, wholesale,
professional or industrial establishments;
c) Persons conducting the type of sales commonly known as
garage sales, rummage sales or estate sales, as well as anyone
conducting an auction as a properly licensed auctioneer or any
officer of the court conducting a court-ordered sale;
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d) No licenses shall be required for vendors as a preliminary step
to the establishment of a regular route service for the sale and
delivery of commodities or the providing of services to regular
customers; and
e) School aged children selling items for fund raisers.
f) Persons selling only farm products they have grown
themselves.
(2) Exception from the definitions for the scope of this chapter shall not
excuse any person from complying with any other applicable statutory
provision or local ordinance.
Section 2. Effective
This ordinance shall be in force and effect from and after its passage and
publication according to the Lino Lakes City Charter. ---
Attest: Julianne Bartell, City Clerk
Jeff Reine , Mayor
Adopted by the Lino Lakes City Council this 24th day of January , 2011.
The motion for the adoption of the foregoing ordinance was duly seconded by Council
Member Gallup and upon a vote being taken thereon, the following voted
in favor thereof:
O'Donnell, Gallup, Rafferty, Roeser, Reinert
The following voted against same:
none
Whereupon said ordinance was declared duly passed and adopted.
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STAFF ORIGINATOR:
CC MEETING DATE:
TOPIC:
BACKGROUND
AGENDA ITEM 6.A.ii
Paul Bengtson
January 24, 2011
Second Reading of Ordinance Number 01-11
City Code Amendment to change the definition of the
term Special Event to include Open Air Markets, and
to exempt those selling farm products they have
grown themselves from Transient Merchant licensing.
The Planning and Zoning Board initiated a discussion of Transient Merchants, Open Air
Markets, and Community Garden in order to clarify the requirements of the zoning
ordinance. After a number of months discussing the issue, staff drafted some ordinance
language and the Planning and Zoning Board reviewed the language and took action to
recommend approval of the language to the City Council.
As a result, the City Code sections regarding Special Events and Transient Merchants
must be updated.
OPEN AIR MARKETS
The new Zoning Ordinance language defines the term Open Air Market, and makes the
use allowable by administrative permit in all zoning districts, with the use specifically
designated as `accessory to an institutional use' in the rural and residential zoning
districts.
The administrative permit required to approve this use will be the Special Event Permit
included in Chapter 615 of the City Code. As such, staff has forwarded language
revising the definition of a Special Event to replace the term `flea market' with the term
'open air market'.
TRANSIENT MERCHANTS
State law prohibits the city from requiring a license to sell farm products that have been
grown by the seller. As such, staff has included this exception to the Transient
Merchant licensing requirements.
RECOMMENDATION
Staff recommends waiving the full reading and approving the second reading of
Ordinance Number 01-11, amending the City Code to change the definition of the term
Special Event and to exempt farm produce sellers from the Transient Merchant license.
ATTACHMENTS
1. Ordinance Number 01-11
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