TITLE XI:  BUSINESS REGULATIONS
Chapter
	110.	GENERAL LICENSING PROVISIONS
	111.	ALCOHOLIC BEVERAGES
	112.	TARGET RANGES
	113.	ADULT ESTABLISHMENTS
	114.	THERAPEUTIC MASSAGE
	115.	BUILDING CONTRACTORS
CHAPTER 110:  GENERAL LICENSING PROVISIONS
Section
General Provisions
	110.01	Licenses and permits
	110.02	Display of license
	110.03	Bond
	110.04	Procedure for issuance
	110.05	License period
	110.06	Renewal
	110.07	Duplicates
	110.08	Revocation
	110.09	Appeal
Coin-Operated Machines
	110.20	Gambling devices not permitted
	110.21	License required
	110.22	Application
	110.23	Inspection
	110.24	License fees
	110.25	Revocation of license
Bingo, Other Lawful Gambling, and Video Games of Chance
	110.40	Lawful gambling permitted
	110.41	Filing of records; inspections; access to records
	110.42	Approval of premises permit
	110.43	Locations
	110.44	Liquor sales/lawful gambling at on-sale establishments
	110.45	Gambling manager
	110.46	Contributions
	110.47	Law enforcement and administrative costs
	110.48	Trade area requirement
	110.49	Gambling exempt from state licensing requirements
Temporary Special Events
	110.70	Special event permits
GENERAL PROVISIONS
§ 110.01  LICENSES AND PERMITS.
	(A)	General rule.  Except as otherwise provided in this code, all licenses and permits granted by the city shall be governed by the provisions of §§ 110.01 et seq.
	(B)	Acts prohibited.  No person shall conduct any activity or use any property for which a license or permit is required by law or this code without a currently valid license or permit for the activity or use.
	(C)	Application.  Every application for a license shall be made to the Administrator on a form the Administrator provides.  It shall be accompanied by payment to the Administrator of the prescribed fee.  If, after investigation, the Administrator is satisfied that all requirements of law and this code have been met, the Administrator shall present the application to the Council for action or, if the license or permit does not require Council approval, the Administrator shall issue the license or permit.
(1997 Code, § 1100.01)  Penalty, see § 10.99
§ 110.02  DISPLAY OF LICENSE.
	(A)	Posting of license.  The license or licenses provided for in §§ 110.01 et seq. shall be posted permanently and conspicuously at the location of the machine on the premises where the device is to be operated or maintained to be operated.
	(C)	Transfer from person to person.  A license shall not be transferable from person to person nor place to place, and shall be usable only at the place and by the person designated in the license.
(1997 Code, § 1100.02)  Penalty, see § 10.99
§ 110.03  BOND.
	Where a bond is required for a license or permit, the bond will be a corporate surety bond executed on a form approved by the City Attorney and will be filed with the Administrator before the license or permit is issued.  The bond will be in the amount and with the penalty provisions as required by the code.
(1997 Code, § 1100.03)  Penalty, see § 10.99
§ 110.04  PROCEDURE FOR ISSUANCE.
	If, after investigation, the Administrator is satisfied that all requirements of law and this code have been met, the Administrator will present the application and a report of the investigation and findings to the Council for action.  If the license or permit does not require Council approval, the Administrator may issue the license or permit.
(1997 Code, § 1100.04)
§ 110.05  LICENSE PERIOD.
	All licenses will terminate on December 31 of the year issued, unless otherwise indicated.
(1997 Code, § 1100.05)
§ 110.06  RENEWAL.
	Applications for renewal of a license will be made to the Administrator on forms provided.  The renewal application will contain the information required for the original application plus any additional information required by the Administrator.
(1997 Code, § 1100.06)
§ 110.07  DUPLICATES.
	A duplicate license certificate or tag may be issued by the Administrator to replace any license certificate or tag previously issued which has been lost, stolen, defaced, or destroyed, without any willful conduct on the part of the licensee, if the licensee files an affidavit with the Administrator attesting to the fact and pays to the Administrator a fee as set forth in § 11.02.
(1997 Code, § 1100.07)
§ 110.08  REVOCATION.
	Any license may be revoked by the Council for a violation of the section or chapter under which it is issued.  However, the revocation must follow any procedure provided in the section or chapter in question.
(1997 Code, § 1100.08)
§ 110.09  APPEAL.
	Any person who has made application which has been denied or not acted upon within 30 days after the application may apply directly to the Council for a license.  The application to the Council shall contain the same information required in the original application, plus any additional information that the Council may require or that the applicant may feel is pertinent.  The Council may grant the license, after hearing, if the requirements of §§ 110.01 et seq. are substantially complied with, and in the opinion of the Council, granting the license would be in the best interests of the public.
(1997 Code, § 1100.09)
COIN-OPERATED MACHINES
§ 110.20  GAMBLING DEVICES NOT PERMITTED.
	Nothing in this section shall in any way be construed to authorize, license, or permit any gambling devices whatsoever, or any mechanism that has been judicially determined to be a gambling device, or in any way contrary to the laws of the state.
(1997 Code, § 1105.02)
§ 110.21  LICENSE REQUIRED.
	Any person, firm, corporation, or association displaying for public patronage or keeping for operation any cigarette vending machine, or coin-operated, automatic machines dispensing food, soft drinks, and other food and materials, as defined in §§ 110.20 et seq., outside a building, shall be required to obtain an annual license from the city upon payment of a license fee.  Application for the license shall be made to the City Administrator upon a form to be supplied by the Administrator for that purpose.
(1997 Code, § 1105.03)  Penalty, see § 10.99
§ 110.22  APPLICATION.
	(A)	The application for the license shall contain the following information:
		(1)	Name and address of the applicant and whether applicant is 18 years of age or older;
		(2)	Place where machine or device is to be displayed or operated and the business conducted at that place; and
		(3)	Description of machine to be covered by the license, mechanical features, name of manufacturer, serial number.
	(B)	No license shall be issued to any applicant unless the applicant shall be over 18 years of age.
(1997 Code, § 1105.04)
§ 110.23  INSPECTION.
	The application for license shall be made out in duplicate, 1 copy being referred to the Code Enforcement Officer who shall investigate the location where the machine is proposed to be operated and ascertain if the applicant is a person of good moral character.  The enforcement officer shall recommend approval or disapproval of the application to the Council.
(1997 Code, § 1105.05)
§ 110.24  LICENSE FEES.
	(A)	Every applicant, before being granted a license, shall pay the annual license fee as set by the Council for the privilege of operating or maintaining for operation each cigarette vending machine, or coin-operated machine, as defined in § 11.01.
	(B)	Each license shall expire on December 31 next after its issuance.
(1997 Code, § 1105.06)
	(C)	The license may be transferred from 1 machine or device to another similar machine upon application to the Administrator.  The application must give a description and the serial number of the new machine or device.  Not more than 1 machine shall be operated under 1 license.  The applicant or licensee shall be required to secure a license for each and every machine displayed or operated by the applicant or licensee.
Penalty, see § 10.99
§ 110.25  REVOCATION OF LICENSE.
	The license may be revoked by the Council after written notice to the licensee.  The notice shall specify the ordinance or law violation with which the licensee is charged.  Ten-days notice of the hearing shall be given the licensee.  At the hearing, the licensee and licensee's attorney may present and submit evidence in applicant's or licensee's defense.
(1997 Code, § 1105.07)
BINGO, OTHER LAWFUL GAMBLING, AND VIDEO GAMES OF CHANCE
§ 110.40  LAWFUL GAMBLING PERMITTED.
	Lawful gambling, as defined in M.S. § 349.12, Subd. 24, as it may be amended from time to time, is permitted in the city if the organization conducting the gambling meets the following criteria.
	(A)	It is licensed by the Minnesota Gambling Control Board, and is in compliance with M.S. § 349, as it may be amended from time to time;
	(B)	It is a tax exempt organization pursuant to § 501(c) of the Internal Revenue Code, as it may be amended from time to time;
	(C)	Maintains an address within the city;
	(D)	It has been in existence as a non-profit corporation or as a § 501(c) tax exempt organization for at least 3 consecutive years prior to the date the gambling operation begins;
	(E)	Charitable gambling is limited to fraternal, religious, veterans or other non-profit organizations; and permanent, year-round licensed liquor establishments, fraternal organizations, or churches all which are currently established and operating in the city; and
	(F)	Complies with all of the provisions of §§ 110.40 et seq.
(1997 Code, § 1110.01)  (Am. Ord. 97-106, passed 4-26-2002)  Penalty, see § 10.99
§ 110.41  FILING OF RECORDS; INSPECTIONS; ACCESS TO RECORDS.
	(A)	Reports.  Every organization licensed to conduct gambling in the city shall file with the Administrator copies of all records and reports required to be filed with the Minnesota Lawful Gambling Control Board pursuant to M.S. Ch. 349, as it may be amended from time to time, and the rules and regulations promulgated by M.S. Ch. 349, as it may be amended from time to time.  The records and reports shall be due at the same time they are due to the Board.
	(B)	Inspection.  Every gambling event in the city conducted by an organization under M.S. Ch. 349, as it may be amended from time to time, shall be open to inspection by officers of the Police Department.
	(C)	Inspection of records.  Employees of the city's Police Department may inspect, at any reasonable time, without notice or search warrant, all records of a licensed organization, including gambling accounts and other bank records which are required, by the Minnesota Lawful Gambling Board, to be maintained and preserved.
(1997 Code, § 1110.02)  (Am. Ord. 97-106, passed 4-26-2002)  Penalty, see § 10.99
§ 110.42  APPROVAL OF PREMISES PERMIT.
	(A)	Notification of application.  The Minnesota Lawful Gambling Control Board shall notify the Council in writing in the manner required by law of each pending application for a premises permit at least 60 days before issuing or renewing the license.  Each pending application for a premises permit shall be approved or disapproved by resolution of the Council.
	(B)	Filing.  Any organization applying to the Gambling Control Board for a premises permit, bingo hall license, or for the renewal of the premises permit to conduct lawful gambling in the city shall, within 10 days of making the application, file the following with the Administrator.
		(1)	A duplicate copy of the Gambling Control Board application along with all supporting documents submitted to the Gambling Control Board;
		(2)	A copy of the articles of incorporation and bylaws of the organization;
		(3)	The names and addresses of all officers and directors of the organization;
		(4)	A copy of the organization's written procedures and/or criteria for distribution of funds derived from lawful gambling, its standardized application form, and its written fiscal control procedures; and
		(5)	A copy of the Internal Revenue Service's tax exempt letter.
	(C)	Investigation.  Upon receipt of the materials required by division (B) above and not later than 60 days from receipt of notice from the Gambling Control Board, city staff shall investigate the applicant and, based upon the investigation, the Council shall act on the application.
	(D)	Approval; denial.  The action of the Council to approve an application for a premises permit or a bingo hall license within the city shall be by resolution.  Failure to receive three  affirmative votes of the City Council shall constitute a denial of the application.
	(E)	Resolution.  A copy of the Council resolution will be sent to the license applicant upon request.
	(F)	Copies.  Copies of any other reports or documents which are required to be subsequently filed by the organization with the Gambling Control Board, including monthly financial statements, shall be filed with the city within 10 days of filing the materials with the Gambling Control Board.
(1997 Code, § 1110.03)  (Am. Ord. 97-106, passed 4-26-2002)  Penalty, see § 10.99
§ 110.43  LOCATIONS.
	(A)	Maximum number.  The maximum number of locations where lawful gambling may be conducted within the city is 10.
	(B)	Allotment to single organization.  No single organization may conduct lawful gambling at more than 3 locations within the city.
	(C)	Compliance.  No location shall be approved for gambling unless it complies with the applicable zoning, building, fire, and health codes of the city.
(1997 Code, § 1110.04)  (Am. Ord. 97-106, passed 4-26-2002)  Penalty, see § 10.99
§ 110.44  LIQUOR SALES/LAWFUL GAMBLING AT ON-SALE ESTABLISHMENTS.
	(A)	Prohibition.  No sale, consumption, or possession of liquor, wine, or 3.2% malt liquor shall be permitted during gambling conducted by a licensed organization, except as permitted under a valid on-sale liquor, wine, or 3.2% malt liquor license, or a bottle club permit; provided further that no sale, consumption, or possession of liquor, wine, or 3.2% malt liquor shall be permitted in the room where a bingo session is taking place.
	(B)	Regulations.  Lawful gambling at on-sale liquor, wine, and 3.2% malt liquor establishments shall be conducted in compliance with the following regulations:
		(1)	Only licenses for pull tabs and raffles may be issued except where the licensed gambling organization also holds the on-sale liquor, wine, or 3.2% malt liquor licenses for the premises, in which case any lawful gambling license may be issued;
		(2)	On-sale establishments shall be limited to 1 licensed gambling organization at any 1 time in the licensed premises or any rooms adjoining the premises under the same management.  No lease shall be effective between an on-sale establishment and a gambling organization while there is still a lease in effect between the on-sale establishment and another gambling organization.
		(3)	Every agreement between a non-profit organization and an on-sale premises for gambling shall be in the form of a written lease.  The written lease shall be filed with the Administrator along with the gambling license application, and there shall be no unwritten terms or conditions.  The lease shall specifically provide that the lessee shall operate only after issuance of a license and shall be subject to the terms of §§ 110.40 et seq.;
		(4)	A copy of any lease agreement between a non-profit organization and an on-sale licensee shall be filed with the Administrator with the gambling license application;
		(5)	A lease agreement between a non-profit organization and an on-sale establishment shall not provide for rental payments based on a percentage of receipts of profits from lawful gambling.  There shall be no other compensation paid to the on-sale establishment, directly or indirectly, other than the rental fee provided in the lease agreement.  The maximum rental fee shall be $600 per month or $24 per square foot of the leased premise, whichever is less.
		(6)	(a)	All gambling shall be conducted from a booth or other area properly segregated from the rest of the licensed premises.
			(b)	The physical layout of the area set aside for gambling shall be subject to the approval of the city's Police Department;
		(7)	The gambling booth shall be constructed and maintained by the organization licensed to conduct gambling and shall be under the exclusive control of that organization.  The organization licensed to conduct gambling shall prominently display its name and license number at its gambling booth and shall indicate that all profits from gambling are for the benefit of the organization;
		(8)	No employees or agents of the on-sale establishment shall handle gambling devises, gambling money, prizes, or gambling records, nor shall they record winners, replays, or free games, nor shall they otherwise conduct or assist the licensed gambling organizations in conducting the gambling operation;
		(9)	The gambling booth or area shall be separate from the liquor service bar area.  No gambling shall be conducted from the liquor service bar area;
		(10)	The organization licensed to conduct gambling shall have exclusive control over all gambling devices, money, and records.  Whenever the organization is not present, all gambling devices, money, and records shall be securely locked and shall be inaccessible to employees of the on-sale establishment;
		(11)	No gambling employee may use intoxicating beverages while working on the sale of games;
		(12)	No gambling funds shall be commingled with funds of the on-sale establishment;
		(13)	No food, drink, or entertainment discounts or other promotions shall be offered in conjunction with the sale of gambling devices or chances;
		(14)	The on-sale establishment shall allow the organization to conduct gambling at any time during its lawful business hours and shall prohibit gambling at any time other than its lawful business hours;
		(15)	The on-sale licensee shall make no agreements with any gambling equipment distributor requiring the use of the distributor's gambling equipment in the establishment;
		(16)	Divisions (B)(6) through (B)(11) above shall not apply when the licensed gambling organization is also the holder of the on-sale license for the establishment where the gambling is conducted;
		(17)	The Council may disapprove a premises permit application for an on-sale establishment in which gambling violations have previously occurred.
(1997 Code, § 1110.05)  (Am. Ord. 97-106, passed 4-26-2002)  Penalty, see § 10.99
§ 110.45  GAMBLING MANAGER.
	Before any person may serve as a gambling manager for any organization licensed to conduct gambling in the city, that person must have satisfactorily completed a course of instruction conducted by the Minnesota Lawful Gambling Control Board on the duties and responsibilities of the gambling manager.
(1997 Code, § 1110.06)  (Am. Ord. 97-106, passed 4-26-2002)  Penalty, see § 10.99
§ 110.46  CONTRIBUTIONS.
	(A)	Percentage.  Each organization conducting lawful gambling within the city shall contribute 10% of its net profits derived from lawful gambling in the city to a fund administered and regulated by the city without cost to the fund for disbursement by the city for lawful purposes as defined by M.S. § 349.12, Subd. 24, as it may be amended from time to time, the city's use of the funds shall be determined at the time of adoption of the city's annual budget or at the time of amendments to the budget.
	(B)	Reporting requirement.  The 10% contribution imposed by §§ 110.40 et seq. shall be reported on a duplicate copy of the gambling tax return filed with the Minnesota Lawful Gambling Control Board each month.  The report shall be an exact duplicate of the report filed with the Minnesota Lawful Gambling Control Board without deletions or additions, and must contain the signatures of organization officials as required on the report form.
	(C)	Reporting deadline.
		(1)	The contribution and the report due must be postmarked or, if hand-delivered, received in the office of the Administrator on or before the last business day of the month following the month for which the report is made.
		(2)	An incomplete report will not be considered timely filed unless corrected and returned by the due date for filing. Delays in the mailing, mail pick-ups, and postmarking are the responsibility of the organization.
		(3)	The report and contribution shall be delivered to:
			City of Lake Elmo
			3800 Laveme Avenue North
			Lake Elmo, MN  55042
	(D)	Payment.  Checks shall be made payable to: "City of Lake Elmo."
	(E)	Interest.  There shall be an interest charge of 8% per annum on the unpaid balance of all overdue contributions owed by an organization under §§ 110.40 et seq.
	(F)	Delinquencies.
		(1)	The Council shall disapprove any pending application for renewal or original issue of a lawful gambling license for any organization which owes delinquent gambling contributions to the city.  Further, the Council or Administrator may notify the Minnesota Lawful Gambling Control Board of any organization owing delinquent gambling taxes to the city and may request that the Council revoke or suspend the organization's license during the license year.  The Council shall not issue or renew any on-sale or off-sale alcoholic beverage license, bottle club permit, or food license to any organization which owes delinquent gambling contributions to the city.
		(2)	The above remedies are not exclusive and shall be in addition to any other powers and remedies provided by law.
	(G)	Exemption.  The receipts from lawful gambling of an organization that is exempt from licensing under M.S. § 349.166, as it may be amended from time to time, are not subject to the contribution imposed by this section.
	(H)	Evaluation of purpose of funds.  City will evaluate yearly the purposes for which the funds will be used.
(1997 Code, § 1110.07)  (Am. Ord. 97-106, passed 4-26-2002)  Penalty, see § 10.99
§ 110.47  LAW ENFORCEMENT AND ADMINISTRATIVE COSTS.
	All organizations conducting lawful gambling within the city shall, within 30 days of the end of each month, pay to the city an amount equal to 3% of the gross receipts from lawful gambling conducted in the city in that month, less amounts actually paid for prizes, to cover the city's law enforcement and administrative costs in regulating lawful gambling.
(1997 Code, § 1110.08)  (Am. Ord. 97-106, passed 4-26-2002)  Penalty, see § 10.99
§ 110.48  TRADE AREA REQUIREMENT.
	Every organization conducting lawful gambling within the jurisdiction of the city shall expend all of its expenditures for lawful purposes on lawful purposes conducted or located within the city's trade area.
(1997 Code, § 1110.09)  (Am. Ord. 97-106, passed 4-26-2002)  Penalty, see § 10.99
§ 110.49  GAMBLING EXEMPT FROM STATE LICENSING REQUIREMENTS.
	(A)	Organizations which conduct lawful gambling which are exempt from state gambling licensing requirements (pursuant to M.S. § 349.166, as it may be amended from time to time) may conduct the gambling within the city upon receipt of a permit from the city; except that a permit is not required if the organization awards$5,000 or less in prizes in a calendar year.
	(B)	(1)	Application.  An application for the permit shall be made at least 30 days prior to the date the gambling shall be conducted.  The application shall contain the following:
			(a)	The name of the organization;
			(b)	The address of the organization;
			(c)	The place where the gambling will occur; and
			(d)	The total prizes to be awarded.
		(2)	Permit fee.  The organization shall pay a permit fee of $10 for each day the gambling is conducted;
		(3)	Permitted classes of gambling.  Permits for all classes of gambling activities may be approved;
		(4)	On-sale premises.  Lawful gambling by an organization exempt from licensing may be conducted on the premises of a licensed on-sale liquor, wine, or beer establishment or a bottle club, subject to the restrictions in §§ 110.40 et seq. relating to the conduct of gambling in on-sale establishments and bottle clubs;
		(5)	Consumption; possession; 3.2% malt liquor.
			(a)	Except as provided in this division (B)(5), the sale, consumption, and possession of intoxicating liquor at a gambling event by an exempt organization shall be prohibited.
			(b)	However, 3.2% malt liquor may be served and consumed, but only under a valid temporary on-sale beer license;
		(6)	Compliance; notice.  The organization shall comply with all statutory requirements for an exempt organization, including the 30-day notice requirement to the city, pursuant to M.S. § 349.166, Subd. 2(4), as it may be amended from time to time.
		(7)	Filing of report.  Within 30 days after filing any reports with the Gambling Lawful Control Board, the organization shall file a copy of the reports with the city.
		(8)	Law enforcement and administrative costs.  The provisions relating to "law enforcement and administrative costs" set forth in § 110.47 shall not apply to gambling permitted pursuant to §§ 110.49.  All other provisions of §§ 110.40 et seq. apply to the organizations.
(1997 Code, § 1110.10)  (Am. Ord. 97-106, passed 4-26-2002)  Penalty, see § 10.99
TEMPORARY SPECIAL EVENTS
§ 110.70  SPECIAL EVENT PERMITS.
	(A)	Purpose and intent. The purpose of this subchapter is to promote the orderly, compatible and safe use of property for temporary special events and to assure adequate provision of parking, traffic, sanitary facilities, utilities, peace and tranquility of residential neighborhoods and safety services.
	(B)	A special event shall include the following:
		(1)	Any temporary, privately-sponsored event, typically conducted outdoors, open to the general public, held on public or privately owned property that will be attended by over 100 people within a 24-hour period where such event would not otherwise be permitted under the city’s zoning regulations.
		(2)	An agricultural sales business as defined in § 11.01 that is conducted for less than three months in any calendar year. A special event permit for an agricultural sales business may be issued once per year and for no more than two consecutive years.
	(C)	Exceptions: “special event” shall not apply to the following:
		(1)	Any permanent place of worship, stadium, athletic field, arena, theatre, auditorium, or fairs conducted pursuant to M.S. Chapter 38.
		(2)	Special events or activities permitted or permitted by other state laws or regulations of the City of Lake Elmo, including publicly-sponsored activities in the local park system and any other lawfully established event for which the City Council has expressly granted approval prior to adoption of this subchapter, unless said event is expanded or enlarged, in which case a special event permit will be required.
		(3)	Family gatherings, including family reunions, graduation parties, baptisms, confirmations, weddings and the like.
		(4)	Garage sales.
		(5)	National night-out or night-to-unite established through the City of Lake Elmo.
	(D)	Permit required.  No person on or after the effective date of this subchapter shall conduct or allow to be conducted any special event as defined in this subchapter without first obtaining a special event permit.
	(E)	Requirements for issuance of a permit.
		(1)	The following standards shall apply to all special events:
			(a)	Maximum number of people. The permitee shall not sell tickets to nor permit attendance at the permit location of more than the maximum number of people stated in the special event permit.
			(b)	Sound equipment. Sound producing equipment, including but not limited to public address systems, radios, amplifiers, musical instruments and other recording and playback devices, shall not be operated on the premises of the special event so as to be unreasonably loud or be a nuisance or disturbance to the peace and tranquility of the citizens of Lake Elmo.
			(c)	Sanitary facilities. In accordance with Minnesota State Board of Health regulations and standards and local specifications, adequate sanitary facilities must be provided which are sufficient to accommodate the projected number of persons expected to attend the event.
			(d)	Security. The permitee shall employ at his/her own expense such security personnel as are necessary and sufficient to provide for the adequate security and protection of the maximum number of persons in attendance at the special event and for the preservation of order and protection of property in and around the event site. No permit shall be issued unless Washington County Sheriffs Department is satisfied that such necessary and sufficient security personnel will be provided by the permitee for the duration of the event.
			(e)	Food service. The operator of the special event shall be responsible for securing any permits, if necessary, from the Washington County Health Department for any food services that are made available on the premises.
			(f)	Fire protection. The permitee shall, at his/her own expense, take adequate steps to insure fire protection as determined by the City of Lake Elmo Fire Chief.
			(g)	Duration of special event. The permitee shall operate the special event only on those days and during the hours specified on the permit.  The maximum duration of a special event shall be three consecutive days in each calendar year.  Events that occur for a longer duration or more than once each year shall only be allowed if permitted under the zoning requirements for the site.
			(h)	Cleanup plan. The special event applicant is responsible for clean up of the site upon completion of the special event, and shall specify the amount of time anticipated to restore the site to its pre-event condition as part of an application. Any clean up or restoration work required by the city may be charged to the applicant. Any city service that requires overtime will be at the expense of the applicant.
			(I)	Waiver. The City Council may grant a waiver from the requirements of this subchapter in any particular case where the applicant can show that strict compliance with this subchapter would cause exceptional and undue hardship by reason of the nature of the special event or by reason of the fact that the circumstances make the requirement of this subchapter unnecessary. Such waiver must be granted without detriment to the public health, safety or welfare and without impairing the intent and purpose of these regulations.
			(j)	Insurance.  Before the issuance of a permit, the permitee shall obtain public liability insurance and property damage insurance with limits determined by the City Council if reasonably determined necessary. Such insurance shall remain in foil force and effect in the specified amounts for the duration of the permit. Evidence of insurance shall include an endorsement to the effect that the insurance company will notify the City Clerk in writing at least ten days before the expiration or cancellation of said insurance.
			(k)	Miscellaneous.  Prior to the issuance of a permit, the City Council, may impose any other conditions reasonably calculated to protect the health, safety and welfare of persons, attendant or of the citizens of the City of Lake Elmo including, but not limited to, restrictions on parking and vehicle access, lighting, litter and noise.
		(2)	In addition to the requirements listed above, the following shall also apply to a special event permit for an agricultural sales business:  All performance standards as specified in the zoning code. The City Council, may exempt the applicant from any of these standards that are deemed unnecessary given the nature or duration of the event.
	(F)	Application procedures.  A written application for a special event permit shall be filed on forms provided by the city with the City Administrator not less than 30 days before the date proposed for holding the special event. The written application shall be signed by the person, persons, or parties conducting the event and the property owner, if different, and shall be accompanied by the fee payable hereunder. Upon submission of an application for a special event permit, city staff will review the request and advise the applicant of the need for additional information, if any.
	(G)	Fees.  The fee for a special event permit shall be as established by the City Council.
	(H)	Granting a permit.  The City Council, in its sole discretion, reserves the right to review and determine whether or not a request for a special event and/or street closing is acceptable. In the event the City Council determines the activity does not meet these criteria, such applications shall be denied.
	(I)	Denial of permit.  The City Council shall have the right to deny the permit if. in the judgment of the City Council, the granting of a permit would adversely affect the safety, health and welfare of the citizens of Lake Elmo or if other criteria herein are not met. The applicant shall be notified of such denial and may appeal - before the City Council to appeal such denial.
	(J)	Transferability.  No permit granted under this subchapter shall be transferred to any other person or place without consent of the City Council, upon written application made therefore.
	(K)	Enforcement and penalties.  
		(1)	The City Administrator and other such officers, employees, or agents as the City Council or City Administrator may designate, shall enforce the provisions of this subchapter in accordance with § 10.99 of the City Code.
		(2)	The holding of a special event in violation of any provision of this subchapter shall be deemed a public nuisance and may be abated as such.
		(3)	Any person violating any provision of this subchapter is guilty of a misdemeanor and upon conviction shall be subject to the penalties set forth in Minnesota Statutes.
	(L)	Revocation of permit.  The permit for a special event may be revoked by the City Council at any time if any of the conditions necessary for the issuing of or contained in the permit are not complied with or if any of the provisions of this subchapter are violated.
(Ord. 08-054, passed 11-1-2011; Am. Ord. 08-055, passed 11-15-2011)
CHAPTER 111:  ALCOHOLIC BEVERAGES
Section
General Provisions
	111.01	Open bottles
Intoxicating Liquor
	111.15	Definitions
	111.16	License required
	111.17	Kinds of licenses
	111.18	Application for license
	111.19	License fees
	111.20	Granting of license
	111.21	Persons ineligible for license
	111.22	Places ineligible for license
	111.23	Conditions of license
	111.24	Restrictions on purchasing/consumption
	111.25	Suspension and revocation
	111.26	Hours of sale
	111.27	Restrictions
	111.28	Revocation
	111.29	Administrative fines, suspension, revocation for sale of intoxicating liquor to minors
3.2% Malt Liquor
	111.40	Definitions
	111.41	License required
	111.42	License application procedure
	111.43	License fees; generally
	111.44	Fee refund
	111.45	Granting of licenses
	111.46	Duration of license
	111.47	Transfer of licenses
	111.48	License renewals
	111.49	Revocation or suspension of license
	111.50	Ineligible persons and places
	111.51	Conditions of license
	111.52	Hours of sale
	111.53	Minors
	111.54	Administrative fines, suspension, revocation for sale of 3.2% malt liquor to minors
GENERAL PROVISIONS
§ 111.01  OPEN BOTTLES.
	(A)	Definitions.
		(1)	Unless specifically defined in this section, words or phrases used in this section shall be interpreted so as to give them the same meaning as they have in common usage throughout this code.
		(2)	Definitions are found in § 11.01.
(1997 Code, § 1210.01)
	(B)	Open bottle prohibited.
		(1)	Possession in public place prohibited.  It shall be unlawful to be in the possession of an open bottle of intoxicating liquor in a public place.
		(2)	Consumption.  It shall be unlawful to consume intoxicating liquor in any motorized vehicle or any passenger-carrying appurtenance, including but not limited to trailers or campers attached to pickup trucks or any other motorized vehicle, while the vehicle is parked in a public place.
(1997 Code, § 1210.02)
	(C)	Special permit.
		(1)	Intent.  The Council may issue a special permit not to exceed 90 days waiving any provisions of this section when it deems the waivers to be consistent with public welfare and safety.
		(2)	Conditions of permit.  The permit must describe with specificity the conditions under which the permit is issued, including:
			(a)	Public place which is covered by the permit;
			(b)	The person to whom the permit is issued; and/or
			(c)	Any other conditions or restrictions that the Council deems necessary to adequately provide for the public welfare and safety, including restrictions as to the type of intoxicating liquor which may be consumed and the hours in which the liquor may be served.
		(3)	Violation.  Any violation of the conditions imposed on the permit under division (C)(2) above shall result in an automatic revocation of the permit.
(1997 Code, § 1210.03)  Penalty, see § 10.99
INTOXICATING LIQUOR
§ 111.15  DEFINITIONS.
	Unless specifically defined in §§ 111.15 et seq., words or phrases used in §§ 111.15 et seq. shall be interpreted so as to give them the same meaning as they have in common usage throughout this code.  Definitions are found in § 11.01.
(1997 Code, § 1200.01)
§ 111.16  LICENSE REQUIRED.
	Except as provided in §§ 111.15 et seq., no persons shall sell intoxicating liquor without first obtaining a license from the city.
(1997 Code, § 1200.02)  Penalty, see § 10.99
§ 111.17  KINDS OF LICENSES.
	(A)	Intoxicating liquor licenses shall be of 6 kinds.
	(B)	(1)	On-sale licenses.  On-sale licenses shall be issued only to hotels, clubs, restaurants, and exclusive liquor stores and shall permit "on-sale" of intoxicating liquor only.
		(2)	On-sale wine licenses.  On-sale wine licenses shall be issued only to restaurants having facilities for seating at least 25 guests at 1 time and shall permit only the sale of wine not exceeding 14% alcohol by volume, for consumption on the licensed premises only, in conjunction with the sale of food.
		(3)	Temporary on-sale licenses.  Temporary on-sale licenses shall be issued only to clubs or charitable, religious, or other non-profit organizations in existence for at least 3 years and shall authorize the on-sale of intoxicating liquor in connection with a social event sponsored by the licensee and subject to the restrictions imposed by M.S. Ch. 340A, as it may be amended from time to time.  No more than 3 temporary on-sale licenses may be issued to any 1 organization or for any 1 location, within a 12-month period.
		(4)	Off-sale licenses.  Off-sale licenses shall be issued only to exclusive liquor stores and shall permit "off-sale" of intoxicating liquor only.
		(5)	Special club licenses.  Special club licenses shall be issued to incorporated clubs or congressional chartered veterans organizations which have been in existence for at least 3 years.
		(6)	Special licenses for Sunday sales.  Sunday on-sale licenses shall be issued only to a hotel, restaurant, or club which has facilities for serving at least 30 guests at 1 time and which has a regular on-sale license.
(1997 Code, § 1200.03)
§ 111.18  APPLICATION FOR LICENSE.
	(A)	Form.  Every application for a license to sell liquor shall include applicant's name, age, representations as to character (with the references as the Council may require), citizenship, the type of license applied for, the business in connection with which the proposed license will operate and its location, whether the applicant is owner and operator of the business, how long applicant has been in that business at that place, and the other information as the Council may require from time to time.  Every application shall also include a copy of each summons received by the applicant under M.S. § 340A.802, as it may be amended from time to time, during the preceding year.  The application shall be in the form prescribed by the Commissioner and shall be verified and filed with the Administrator.  No person shall make a false statement in an application.
	(B)	Bond.  Each application for an on-sale, on-sale wine, or off-sale license shall be accompanied by a surety bond in the amount of $1,000 or, in lieu of the surety bond, cash or United States government bonds of equivalent value.
	(C)	Financial responsibility.  No liquor license may be issued, maintained, or renewed unless the applicant demonstrates proof of financial responsibility with regard to liability imposed by M.S. 340A.801, as it may be amended from time to time.  The proof shall be filed with the Commissioner.  Any liability insurance policy filed as proof of financial responsibility under this section shall conform to M.S. § 340A.409, as it may be amended from time to time.
	(D)	Approval of security.  Security bonds or evidence of financial responsibility shall be approved as to form by the City Attorney.  Operation of a licensed business without having on file with the city at all times evidence of required bonds or insurance coverage shall be cause for revocation of the liquor license.
(1997 Code, § 1200.04)  Penalty, see § 10.99
§ 111.19  LICENSE FEES.
	(A)	Fees.  The annual fee for liquor licenses shall be set from time to time by ordinance of the Council.
	(B)	Waiver of fee.  The Council can, at its discretion, waive the fee for a temporary on-sale license.
	(C)	Payment.  Each application for a license shall be accompanied by a receipt from the City Treasurer for payment in full of the license fee and the fixed investigation fee required pursuant to § 111.20(A).  All fees shall be paid into the general fund.  If an application for a license is rejected, the Treasurer shall refund the amount paid as the license fee.
	(D)	Term; pro rata fee.  Each license shall be issued for a period of 1 year except that, if the application is made during the license year, a license may be issued for the remainder of the year for a pro rata fee, with any unexpired fraction of a month being counted as 1 month.  Every license shall expire on the last day of December.
	(E)	Refund.  No refund of any license fee shall be made except as provided in §§ 111.15 et seq.
(1997 Code, § 1200.05)
§ 111.20  GRANTING OF LICENSE.
	(A)	Preliminary investigation.
		(1)	On an initial application for an on-sale license and on application for transfer of an existing on-sale license, the applicant shall pay with the application an investigation fee as set forth from time to time by resolution of the Council.
		(2)	The city shall construct a preliminary background and financial investigation of the applicant.
		(3)	The application in this case shall be made on a form prescribed by the Commissioner and with the additional information as the Council may require.
		(4)	If the Council deems it in the public interest to have an investigation made on a particular application for renewal of an on-sale license, it shall so determine.
		(5)	In any case, if the Council determines that a comprehensive background and financial investigation of the applicant is necessary, it may conduct the investigation itself or contract with the Commissioner for the investigation.
		(6)	No license shall be issued, transferred, or renewed if the results show, to the satisfaction of the Council, that issuance would not be in the public interest.
		(7)	If the investigation is required beyond state boundaries, the applicant shall pay for the actual cost of the investigation but in no event an amount in excess of $10,000.
		(8)	The estimated amount of the investigation shall be paid at the time of application.
		(9)	The remaining amount due for investigative costs shall be paid prior to final review of the license application by the Council.
		(10)	The full amount of the license investigation fee is payable regardless of whether the liquor license is granted.
	(B)	Hearing and issuance.  The Council shall investigate all facts set out in the application and not investigated in the preliminary background investigation.  Opportunity shall be given to any person to be heard for or against the granting of the license.  After the investigation and hearing, the Council shall, in its discretion, grant or refuse the application.  No license shall become effective until it, together with the security furnished by the applicant, has been approved by the Commissioner.
	(C)	Person and premises license; transfer.  Each license shall be issued only to the applicant and for the premises described in the application.  No license may be transferred to another person or place without Council approval.  Any transfer of stock of a corporate license is deemed a transfer of the license, and a transfer of stock without prior Council approval is a ground for revocation of the license.
(1997 Code, § 1200.06)  Penalty, see § 10.99
§ 111.21  PERSONS INELIGIBLE FOR LICENSE.
	No license shall be granted to any person made ineligible for the license by state law.
(1997 Code, § 1200.07)
§ 111.22  PLACES INELIGIBLE FOR LICENSE.
	(A)	General prohibition.  No license shall be issued for any place or any business ineligible for the license under state law.
	(B)	Delinquent taxes.  No license shall be granted for operation on any premises on which taxes, assessments, or other financial claims of the city are delinquent and unpaid.
(1997 Code, § 1200.08) (Am. Ord. 08-081, passed 6-4-2013)
§ 111.23  CONDITIONS OF LICENSE.
	(A)	General.  Every license is subject to the conditions in this section and all other provisions of §§ 111.15 et seq. and of any other applicable ordinance, state law, or regulation.
	(B)	Insurance.  Every licensee shall comply with the financial responsibility requirements of state law and of §§ 111.15 et seq. is a continuing condition of any license granted pursuant to §§ 111.15 et seq.
	(C)	Licensee responsibility.  Every licensee is responsible for the conduct in the licensed establishment, and any sale of alcohol beverages by any employee authorized to sell the beverages in the establishment is the act of the licensee for purposes of license suspension or revocation.
	(D)	Inspections.  Every licensee shall allow any peace officer, health officer, or properly designated officer or employee of the city to enter, inspect, and search the premises of the licensee during business hours without a warrant.
	(E)	Display during prohibited hours.  No "on-sale" establishment shall display liquor to the public during hours when the sale of liquor is prohibited.
(1997 Code, § 1200.09)  Penalty, see § 10.99
§ 111.24  RESTRICTIONS ON PURCHASING/CONSUMPTION.
	(A)	Liquor in unlicensed places.  No person shall purchase liquor for consumption in any public place or place of business unless it has a license to sell liquor "on-sale" or a permit from the Commissioner, and no person shall consume liquor in that place.
	(B)	Consumption in public places.  No person shall consume liquor in a public park, or other public place, except for those temporary licenses granted pursuant to § 111.17(B)(3).
(1997 Code, § 1200.10)  Penalty, see § 10.99
§ 111.25  SUSPENSION AND REVOCATION.
	(A)	The Council shall either suspend for up to 60 days or revoke any liquor license, or impose a civil fine not to exceed $2,000 for each violation, upon the finding that the licensee has failed to comply with any applicable statute, regulation, or ordinance relating to alcohol beverages.  Except in case of failure of financial responsibility, no suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing pursuant to M.S. §§ 14.57 to 14.69 of the Administrative Procedure Act, as they may be amended from time to time.
	(B)	Lapse of required dram shop insurance or bond, or withdrawal of a required deposit of cash or securities, shall effect an immediate suspension of any license issued pursuant to §§ 111.15 et seq. without further action of the Council.  Notice of cancellation, lapse of a current liquor liability policy or bond, or withdrawal of deposited cash or securities shall also constitute notice to the licensee of the impending suspension of the license.  The holder of a license who has received notice of lapse of required insurance or bond, or withdrawal of a required deposit, or of suspension or revocation of a license, may request a hearing and, if the request is made in writing to the Administrator, a hearing shall be granted within 10 days or the longer period as may be requested.  Any suspension under this section shall continue until the Council determines that the financial responsibility requirements of §§ 111.15 et seq. have again been met.
(1997 Code, § 1200.11)
§ 111.26  HOURS OF SALE.
	(A)	Intoxicating liquor on-sale.  No sale of intoxicating liquor for consumption on the licensed premises may be made by an on-sale licensee:
		(1)	Between 1:00 a.m. and 8:00 a.m. on the day of Monday through Saturday;
		(2)	After 1:00 a.m. on Sundays, except that a restaurant, club, or hotel with a seating capacity for at least 30 persons which holds an on-sale intoxicating liquor license may sell intoxicating liquor for consumption on the premises in conjunction with the sale of food between the hours of 10:00 a.m. Sunday and 1:00 a.m. on Monday; and/or
(Am. Ord. 9768, passed 1-2-2001)
		(3)	Between 8:00 p.m. on December 24 and 8:00 a.m. on December 25, except that a restaurant, club, or hotel with a seating capacity for at least 30 persons which holds an on-sale intoxicating liquor license may sell intoxicating liquor for consumption on the premises in conjunction with the sale of food between the hours of 12:00 a.m. on Sundays and 1:00 a.m. on Mondays.
	(B)	Intoxicating liquor off-sale.  No sale of intoxicating liquor may be made by an off-sale licensee:
		(1)	On Sundays;
		(2)	Before 8:00 a.m. on Monday through Saturday;
		(3)	After 10:00 p.m. on Monday through Saturday;
		(4)	On Thanksgiving Day;
		(5)	On Christmas Day, December 25; or
		(6)	After 8:00 p.m. on Christmas Eve, December 24.
(1997 Code, § 1200.12)  Penalty, see § 10.99
§ 111.27  RESTRICTIONS.
	(A)	All sales shall be made in full view of the public.
	(B)	It shall be unlawful for any person to mix or prepare liquor for consumption or to consume liquor or to permit the consumption of the liquor in any public place or place of business except on premises for which an "on-sale" license has been issued.
(1997 Code, § 1200.13)  Penalty, see § 10.99
§ 111.28  REVOCATION.
	(A)	Any license granted under §§ 111.15 et seq. may be revoked by the Council.
	(B)	A hearing shall first be held by the Council and the revocation then made for cause.
	(C)	Any violation of any provision or condition of §§ 111.15 et seq. or the state licensing law or any falsification of any statement in the application shall be ground for revocation.
	(D)	Any license shall be revoked automatically upon the conviction of the licensee of a felony.
	(E)	No portion of the license fee paid to the Administrator shall be returned upon revocation.
(1997 Code, § 1200.14)
§ 111.29  ADMINISTRATIVE FINES, SUSPENSION, REVOCATION FOR SALE OF INTOXICATING LIQUOR TO MINORS.
	(A)	Administrative fines, suspension, revocation.
		(1)	(a)	Any violation of the city's regulations relating to the issuance of an intoxicating liquor license or any conditions/restrictions attached to the issuance of the license shall be cause for the imposition of an administrative fine, the suspension of the license, and/or the revocation of the license.
			(b)	A licensee whose license has been revoked shall not be eligible for another intoxicating liquor license for 1 year from the date of license revocation.
		(2)	No suspension or revocation shall take effect until the licensee has been given an opportunity for a hearing pursuant to M.S. §§ 14.57 through 14.69, as they may be amended from time to time, provided that the city shall not be required to conduct the hearing before an employee of the Office of Administrative Hearings.
		(3)	If the violation relates to the sale of intoxicating liquor to minors by licensee's employees, the following administrative fines, suspension, or revocations may be imposed.
			(a)	After the first violation, if an affidavit of training is on file with the city for the employee who made the illegal sale, the City Administrator shall provide licensee with a notice that a sale to a minor has been documented and shall include a copy of the city's administrative fine regulations with the city; or, if an affidavit of training is not on file, with the city, for the employee who made the illegal sale, the City Administrator shall notify licensee that a sale to a minor has been documented, shall include a copy of the city's administrative fine regulations with the notice, and shall impose an administrative fine of $200.
			(b)	The second violation within 12 months shall require the licensee to pay an administrative fine of $200 if an affidavit of training is on file, with the city, for the employee who made the illegal sale; or shall require the licensee to pay an administrative fine of $400 if no affidavit of training is on file, with the city, for the employee who made the illegal sale.
			(c)	The third violation within 24 months shall require the licensee to pay an administrative fine of $400 and shall result in a license suspension of 7 business days if an affidavit of training is on file, with the city, for the employee who made the illegal sale; or shall require licensee to pay an administrative fine of $800 and shall result in a license suspension for 7 business days if an affidavit of training is not on file, with the city, for the employee who made the illegal sale.
			(d)	The fourth violation within 24 months shall result in license revocation.
	(B)	Compliance checks.  The city or its law enforcement agencies shall conduct compliance checks at least once each calendar year at each location where an intoxicating liquor license has been issued to test compliance with the provisions of the city's regulations.  Compliance checks shall utilize minors over the age of 18, but under the age of 21, who attempt to purchase intoxicating liquor under the direct supervision of a law enforcement officer.
(Ord. 97-102, passed - -)
3.2% MALT LIQUOR
§ 111.40  DEFINITIONS.
	Unless specifically defined in §§ 111.40 et seq., words or phrases used in §§ 111.40 et seq. shall be interpreted so as to give them the same meaning as they have in common usage throughout this code.  Definitions are found in § 11.01.
(1997 Code, § 1205.01)
§ 111.41  LICENSE REQUIRED.
	(A)	Types of licenses.  Except as provided in §§ 111.40 et seq., no person shall sell 3.2% malt liquor without first obtaining a license from the city.  Licenses shall be of 3 kinds:
		(1)	On-sale;
		(2)	Off-sale; and
		(3)	Temporary on-sale.
	(B)	On-sale licenses.  On-sale licenses shall be granted only to bona fide clubs, drug stores, restaurants, hotels, and establishments for the sale of 3.2% malt liquor, cigars, cigarettes, all forms of tobacco, beverages, and soft drinks at retail.  On-sale licenses shall permit the sale of 3.2% malt liquor for consumption on the premises only.
	(C)	Off-sale.  Off-sale licenses shall permit the sale of 3.2% malt liquor at retail, in the original package for consumption off the premises only.
	(D)	Temporary license.  A club or charitable, religious, or non-profit organization may be issued a temporary on-sale license for the sale of 3.2% malt liquor on or off school grounds, and in and out of school houses and school buildings and in or outside of public parks.  No more than 3 temporary on-sale licenses may be issued to any 1 organization or for 1 location, within a 12-month period.
(1997 Code, § 1205.02)  Penalty, see § 10.99
§ 111.42  LICENSE APPLICATION PROCEDURE.
	(A)	General.
		(1)	Every application for a license to sell 3.2% malt liquor shall be made on a form supplied by the city and shall state the name of the applicant, applicant's age, representations as to applicant's character with the references as may be required, applicant's citizenship, whether the application is for on-sale or off-sale, the business in connection with which the proposed license will operate and its location, whether the applicant is the owner and operator of the business, how long applicant has been in that business at that place, the amount and nature of any dancing, singing, vaudeville performance, or other entertainment to be provided for guests, and the other information as the Council may require from time to time.
		(2)	Except for resorts, a scale drawing of the floor plan of the proposed licensed premises shall be attached to each application.
		(3)	It shall be unlawful to make any false statement in the application.  Applications shall be filed with the City Administrator.
	(B)	Corporations.  In addition to the previous provisions, an application for an on-sale or off-sale license on behalf of a corporation shall include complete information as to the names and addresses of the officers of the corporation and other information required by the Council.  Corporate officers shall notify the Council whenever any change is made in the officers of the corporation.
(1997 Code, § 1205.03)  Penalty, see § 10.99
§ 111.43  LICENSE FEES; GENERALLY.
	(A)	Each application for a license shall be accompanied by a receipt from the Administrator for payment in full of the required fee for the license.
	(B)	All fees shall be paid into the general fund of the municipality.
	(C)	Fees shall be set by ordinance of the Council.
(1997 Code, § 1205.04)
§ 111.44  FEE REFUND.
	No part of the fee paid for any license issued under this code shall be refunded except:
	(A)	Rejected application.  Upon the rejection of an application for a license, the Administrator shall refund the amount paid; and
	(B)	Death of licensee.  Upon the death of a licensee, provided that the application for refund be made to the Council within 90 days of the date of licensee's death, there shall be refunded a pro rata portion of the fee computed on a monthly basis for any unexpired period of the license that exceeds 1 month.
(1997 Code, § 1205.05)
§ 111.45  GRANTING OF LICENSES.
	The Council shall investigate all facts set out in the application.  Opportunity shall be given for any person to be heard for or against the granting of the license.  After the investigation and hearing, the Council may grant or refuse the application in its discretion.
(1997 Code, § 1205.06)
§ 111.46  DURATION OF LICENSE.
	All licenses issued under this chapter shall expire on the first day of January of each year.  Each license shall be issued for a period of 1 year, except that if a portion of the licensed year has elapsed when the application is made, a license shall be issued for the remainder of the year.  In case of death of any licensee of any off-sale or on-sale non-intoxicating malt beverages, licensee's personal representative is, by §§ 111.40 et seq., authorized to continue operating the business for not more than 90 days after the death of the licensee.
(1997 Code, § 1205.07)  Penalty, see § 10.99
§ 111.47  TRANSFER OF LICENSES.
	(A)	Generally.  Each license shall be issued only to the applicant and only for the premises described in the application.  No license may be transferred to another person or place without the approval of the Council.
	(B)	Corporations.  The transfer of control in any corporation holding an on-sale or off-sale license shall be deemed a transfer within the meaning of this chapter, and no transfer of stock shall be made without the consent of the Council.
(1997 Code, § 1205.08)
§ 111.48  LICENSE RENEWALS.
	Applications for renewal of an existing license shall be filed with the Administrator on or before the first day of December.
(1997 Code, § 1205.09)
§ 111.49  REVOCATION OR SUSPENSION OF LICENSE.
	(A)	Generally.  The Council may revoke a 3.2% malt liquor license for violation of any statute or ordinance relating to the sale of 3.2% malt liquor.  The following shall be deemed sufficient cause for revocation:
		(1)	If the officers of a corporation licensee fail to notify the Council of a proposed sale or transfer of control or of a change in the corporate officers;
		(2)	If any 3.2% malt liquor licensee is the owner and holder of a federal retail liquor dealer's special tax stamp and does not have a license to sell intoxicating liquors pursuant to the laws of this state for the place, the licensee's 3.2% malt liquor license shall be revoked by the Council without notice and without a hearing on the revocation; and/or
		(3)	If any dancing, singing, vaudeville performance or other entertainment is provided for guests other than that stated in the application for the license.
	(B)	Hearing.  Licensee shall be granted a hearing upon at least 10-days notice before revocation or suspension is ordered by the Council, where mandatory revocation is not provided by law.
	(C)	Length of suspension.  No suspension shall exceed 60 days.
(1997 Code, § 1205.10)
§ 111.50  INELIGIBLE PERSONS AND PLACES.
	(A)	Persons.  No license shall be granted to a person who is:
		(1)	Not of good moral character and repute;
		(2)	Not at least 18 years of age;
		(3)	Not the proprietor of the establishment for which the license is issued;
		(4)	A person convicted of violating any law relating to the sale of 3.2% malt liquor or of intoxicating liquor within a period of 5 years prior to the date of the application; and/or
		(5)	The owner or holder of, or to whom there is subsequently issued, a federal liquor dealer's special tax stamp for the sale of intoxicating liquor at any place unless there has also been issued to the person a license to sell intoxicating liquor at the place.
	(B)	Places.
		(1)	No license of any kind shall be granted for any premises where a licensee, or licensee's agent, servant, or employee, has been convicted of a violation of this code or applicable state law, or where any license under §§ 111.40 et seq. has been revoked for cause, until 1 year has elapsed after the conviction or revocation, or the shorter period of time as the Council, in its discretion, may establish.
		(2)	No license shall be granted within 600 feet of the property line of any school, church, playground, or public park, except for those temporary licenses granted pursuant to § 111.41(D).
		(3)	No license shall be granted for operation of any premises upon which taxes, assessments, or other financial claims of the operation are delinquent and unpaid.
(1997 Code, § 1205.11)
§ 111.51  CONDITIONS OF LICENSE.
	(A)	Every license shall be granted subject to the following paragraphs and all the provisions of this code and any other applicable law.
	(B)	(1)	Posting license.  All licensed premises shall have the license posted in a conspicuous place at all times.
		(2)	Intoxicated persons.  3.2% malt liquor shall not be sold or served to any intoxicated person.
		(3)	Gambling prohibited.  No gambling or any gambling device shall be permitted on any licensed premises.
		(4)	Retail.  No manufacturer or wholesaler of 3.2% malt liquor shall have any ownership of or interest in an establishment licensed to sell at retail contrary to the provisions of M.S. § 340A.301, as it may be amended from time to time.  No retail licensee and manufacturer or wholesaler of 3.2% malt liquor shall be parties to any exclusive purchase contract.  No retail licensee shall receive any benefits contrary to law from a manufacturer or wholesaler of 3.2% malt liquor, and no manufacturer or wholesaler shall confer any benefits contrary to law upon a retail licensee.
		(5)	Display.  No licensee who is not also licensed to sell intoxicating liquor shall sell or permit the consumption or display of intoxicating liquors on the licensed premises or serve any liquids for the purpose of mixing with intoxicating liquor.  This division (B)(5) shall not apply to any place licensed as a bottle club, pursuant to the applicable Minnesota Statutes.  The presence of intoxicating liquors on the premises of a licensee shall be prima facie evidence of possession of intoxicating liquors for the purpose of sale.
		(6)	Conduct.  Every licensee shall be responsible for the conduct of licensee's place of business and shall maintain conditions of sobriety and order.
		(7)	Prohibitions.  No tobacco products or soft drinks shall be sold in any saloon or tavern during the hours when the sale of 3.2% malt liquor is prohibited.
		(8)	Consumption.  No person shall consume or display any intoxicating liquor on the premises of the licensee, provided that division (B)(8) shall not apply to any place licensed as a bottle club, pursuant to the applicable Minnesota Statutes.
		(9)	Effective boundaries.  No license shall be effective beyond the compact and contiguous space named in the license for which it was granted, provided that the premises of a result include the land upon which the result is located.
(1997 Code, § 1205.12)  Penalty, see § 10.99
§ 111.52  HOURS OF SALE.
	No sale of 3.2% malt liquor shall be made between the hours of 1:00 a.m. and 8:00 a.m. on any weekday, Monday through Saturday, inclusive.  Neither shall any sale of the liquor be made on any Sunday between the hours of 1:00 a.m. and 12:00 p.m. noon.
(1997 Code, § 1205.13)  Penalty, see § 10.99
§ 111.53  MINORS.
	It shall be unlawful for any:
	(A)	Licensee or licensee's employee to sell or serve 3.2% malt liquor to any minor or to permit any minor to consume 3.2% malt liquor on the licensed premises or to permit any minor to loiter or to remain in the room where 3.2% malt liquor is being sold or served unless accompanied by licensee's parent or legal guardian;
	(B)	Person to induce a minor to purchase or procure 3.2% malt liquor;
	(C)	Minor to misrepresent his or her age for the purpose of obtaining 3.2% malt liquor; and/or
	(D)	Minor to have in his or her possession any 3.2% malt liquor.
(1997 Code, § 1205.14)  Penalty, see § 10.99
§ 111.54  ADMINISTRATIVE FINES, SUSPENSION, REVOCATION FOR SALE OF 3.2% MALT LIQUOR TO MINORS.
	(A)	3.2% malt liquor.
		(1)	Any violation of the city's regulations relating to the issuance of a 3.2% malt liquor license or any conditions/restrictions attached to the issuance of the license shall be cause for the imposition of an administrative fine, the suspension of the license, and/or the revocation of the license.  A licensee whose license has been revoked shall not be eligible for another 3.2% malt liquor license for 1 year from the date of license revocation.
		(2)	No suspension or revocation shall take effect until the licensee has been given an opportunity for a hearing pursuant to M.S. §§ 14.57 through 14.69, as they may be amended from time to time, provided that the city shall not be required to conduct the hearing before an employee of the Office of Administrative Hearings.  If the violation relates to the sale of 3.2% malt liquor to minors by licensee's employees, the following administrative fines, suspension, or revocations may be imposed.
			(a)	After the first violation, if an affidavit of training is on file with the city, for the employee who made the illegal sale, the City Administrator shall provide licensee with a notice that a sale to a minor has been documented and shall include a copy of the city's administrative fine regulations with the city; or, if an affidavit of training is not on file, with the city, for the employee who made the illegal sale, the City Administrator shall notify licensee that a sale to a minor has been documented, shall include a copy of the city's administrative fine regulations with the notice, and shall impose an administrative fine of $200.
			(b)	The second violation within 12 months shall require the licensee to pay an administrative fine of $200 if an affidavit of training is on file, with the city, for the employee who made the illegal sale; or, shall require the licensee to pay an administrative fine of $400 if no affidavit of training is on file, with the city, for the employee who made the illegal sale.
			(c)	The third violation within 24 months shall require the licensee to pay an administrative fine of $400 and shall result in a license suspension of 7 business days if an affidavit of training is on file, with the city, for the employee who made the illegal sale; or shall require licensee to pay an administrative fine of $800 and shall result in a license suspension for 7 business days if an affidavit of training is not on file, with the city, for the employee who made the illegal sale.
			(d)	The fourth violation within 24 months shall result in license revocation.
	(B)	Compliance checks.  The city or its law enforcement agencies shall conduct compliance checks at least once each calendar year at each location where a 3.2% malt liquor license has been issued to test compliance with the provisions of the city's regulations.  Compliance checks shall utilize minors over the age of 18, but under the age of 21, who attempt to purchase 3.2% malt liquor under the direct supervision of a law enforcement officer.
(Ord. 97-101, passed - -)
CHAPTER 112:  TARGET RANGES
Section
	112.01	Scope
	112.02	Permit
	112.03	Inspection
	112.04	Application
	112.05	Insurance
	112.06	Club or organization
	112.07	Construction
	112.08	Warning signs
	112.09	Time open signs
	112.10	Hours of shooting
	112.11	Shooting safety signs
	112.12	Supervision
	112.13	Safety rules and regulations
§ 112.01  SCOPE.
	(A)	This chapter shall apply to existing and future outdoor target ranges within the city.
	(B)	A conditional use permit shall be required to construct, maintain, or operate an outdoor target range.
(1997 Code, § 1305.01)
§ 112.02  PERMIT.
	The conditional use permit may be rescinded, after a 2-week notice and a public hearing, if the Council finds that the public health, safety, or welfare is jeopardized.
(1997 Code, § 1305.02)
§ 112.03  INSPECTION.
	The range and range area shall be subjected to inspection prior to issuance of the permit and at any other time as the Council may feel necessary without any notification.
(1997 Code, § 1305.03)
§ 112.04  APPLICATION.
	(A)	The individual or organization requesting a permit for the construction of a new outdoor target range shall submit an application for the permit to the Administrator.
	(B)	The application shall include the following:
		(1)	A plan for adequate sewage treatment, a safe water supply, and the disposal of solid wastes;
		(2)	A letter outlining the proposed hours of operation, range etiquette, range rules to be posted, and provisions for emergency preparedness;
		(3)	A noise abatement plan;
		(4)	Photos of the property and all ranges and facilities;
		(5)	A site plan at a scale of 1 inch equals 50 feet which gives the legal description of the property, north point, location of all ranges to scale with distances to property lines, proposed fencing along all developed property lines; topographic information at 2 foot intervals showing all berms, noise barriers, drainage, and elevations of buildings; location and dimensions of all buildings, parking areas, and accesses; the type and nature of equipment to be installed; the type of range to be constructed; and adjacent property uses; and
		(6)	A list of range officers in charge for the Police Department.
	(C)	The application will be reviewed by the Building Official, the City Engineer, the City Administrator and the other officials or consultants as the Council may require; and their findings and recommendations shall be forwarded to the Council and the applicant.
(1997 Code, § 1305.04)  Penalty, see § 10.99
§ 112.05  INSURANCE.
	Public liability and property damage insurance, the minimum limits of coverage to be not less than $300,000, shall be provided.  The city shall be named as an additional insured and be furnished with evidence of the coverage.
(1997 Code, § 1305.05)  Penalty, see § 10.99
§ 112.06  CLUB OR ORGANIZATION.
	In the case of a club or organization, a list of officers is to be filed with the Administrator.  The Council is to be notified of any change in writing to the City Administrator.
(1997 Code, § 1305.06)  Penalty, see § 10.99
§ 112.07  CONSTRUCTION.
	Construction of the range shall be of a permanent nature and must meet all safety standards as set up by the National Rifle Association.  Any expansion of the range will require an amended conditional use permit.
(1997 Code, § 1305.07)  Penalty, see § 10.99
§ 112.08  WARNING SIGNS.
	The entire outer area of the property for which a permit is granted shall be posted with warning signs advising the public of possible danger.  The signs shall be of a permanent nature and posted at intervals of not less than 200 feet apart.  Lettering shall be as follows:
Sign Type	Letter Size	Color	
DANGER	4 inch	Red	
TARGET RANGE	2 inch	Black	
NO TRESPASSING	2 inch	Black	

(1997 Code, § 1305.08)  Penalty, see § 10.99
§ 112.09  TIME OPEN SIGN.
	The entrance to the range area must be posted as to the time the range is open for public use.
(1997 Code, § 1305.09)  Penalty, see § 10.99
§ 112.10  HOURS OF SHOOTING.
	A firearm may not be discharged prior to 8:00 a.m. and not after 1/2 hour before dusk of each day or at any other time that for any reason whatsoever would create a danger either to the general public or users of the range.
(1997 Code, § 1305.10)  Penalty, see § 10.99
§ 112.11  SHOOTING SAFETY SIGNS.
	A sign shall be displayed at the entrance to the range area and at each firing point stating club rules and N.R.A. rules for range and gun safety.
(1997 Code, § 1305.11)  Penalty, see § 10.99
§ 112.12  SUPERVISION.
	(A)	Position of supervision.  When a range is open to the public, there is to be a minimum of 1 qualified range supervisor in charge at all times during the operation of a range.  A holder of a firearm safety instructor certificate of the Minnesota Department of Natural Resources or an N.R.A. firearms instruction certificate or having completed a range safety program inspected and endorsed by the D.N.R., shall constitute a qualified supervisor.
	(B)	Persons under age 18.  No one under the age of 18 years old shall be on the range, unless:
		(1)	Participating in a firearm safety training program;
		(2)	Accompanied by responsible adult; and/or
		(3)	That person has received thorough indoctrination in range safety procedures and range etiquette, if pulling targets.
(1997 Code, § 1305.12)  Penalty, see § 10.99
§ 112.13  SAFETY RULES AND REGULATIONS.
	All target ranges shall follow reasonable safety procedures.  Prima facie evidence of reasonable safety procedures shall be those procedures set forth in the National Rifle Association Manual.
(1997 Code, § 1305.13)  Penalty, see § 10.99
CHAPTER 113:  ADULT ESTABLISHMENTS
Section
	113.01	Findings and recitals
	113.02	Definitions
	113.03	Regulation
	113.04	Means of enforcement
	113.99	Penalty
§ 113.01  FINDINGS AND RECITALS.
	(A)	(1)	On February 20, 2007, the City Council enacted an interim ordinance (Ord. 97-189) creating a moratorium on the establishment of adult uses within the city and directing the city staff to conduct a study to determine how best to regulate such uses. The scope of the study was to include, but not be limited to, the following:
			(a)	The particular zoning districts in which adult establishments should be allowed as either permitted or conditional uses;
			(b)	The density and concentration of adult uses; and
			(c)	The effect of adult uses on other uses in the surrounding area.
		(2)	Upon completion of the study, the matter was to be considered by the Planning Commission for its review and recommendation to the City Council.
		(3)	The study has been completed and the Planning Commission has reviewed the study and has passed its recommendation to the City Council for review. The City Council has also reviewed the staff’s study and duly considered the recommendation of the Planning Commission.
	(B)	The staff’s study contained copies of certain reports specifically including a report which was prepared by the State Attorney General entitled "Report of the Attorney General's Working Group on Regulation of Sexually Oriented Businesses", dated June 6, 1989 (the "report"). The report considered evidence from studies conducted in Minneapolis, St. Paul, and many other cities throughout the country relating to sexually-oriented businesses. The city staff, Planning Commission, and City Council have reviewed the report.
	(C)	The report, based upon the above referenced studies and the testimony and evidence it concluded, among other things, " . . . that sexually-oriented businesses are associated with high crime rates and depression of property values. . . ." Prior to the issuance of the report, the State Attorney General's Working Group also heard testimony that " . . . the character of a neighborhood can dramatically change when there is a concentration of sexually-oriented businesses adjacent to residential property." The report found and concluded that:
		(1)	Adult uses have an impact on the neighborhoods surrounding them, which is distinct from the impact caused by other commercial uses;
		(2)	Residential neighborhoods located within close proximity to adult theaters, bookstores and other adult uses experience increased crime rates (sex-related crimes in particular), lowered property values, increased transiency, and decreased stability of ownership;
		(3)	The adverse impacts which adult uses have on surrounding areas diminish as the distance from the adult uses increases;
		(4)	Studies of other cities have shown that among the crimes which tend to increase either within or in the near vicinity of adult uses are rapes, prostitution, child molestation, indecent exposure and other lewd and lascivious behavior;
		(5)	The City of Phoenix, Arizona study confirmed that the sex crime rate was on the average 500% higher in areas with sexually-oriented businesses;
		(6)	Many members of the public perceive areas within which adult uses are located as less desirable than other areas which do not have such uses;
		(7)	Studies of other cities have shown that the values of both commercial and residential properties either are diminished or fail to appreciate at the rate of other comparable properties when located in proximity to adult uses; and
		(8)	The Indianapolis, Indiana study established that professional real estate appraisers believe that an adult bookstore would have a negative effect on the value of both residential and commercial properties within a 1- to 3-block area of the store.
	(D)	The City Council finds the characteristics of the city are substantially similar to those of the cities cited by the report when considering the affects of adult uses.
	(E)	The City Council finds, based upon the report and the studies cited therein, that adult uses may have adverse secondary effects upon certain preexisting land uses within the city, and that the public health, safety, and general welfare will be promoted if the city adopts regulations regarding adult uses.
	(F)	The City Council finds that the adverse secondary effects tend to diminish if adult uses in the city are regulated by locational and licensing requirements.
	(G)	It is not the intent of the city to prohibit adult uses from having a reasonable opportunity to locate within the city.
	(H)	The city's current zoning ordinance does not address such adult uses, which have been found by other municipalities to cause similar adverse secondary effects. Specifically, the City Council is concerned that the city's zoning ordinance may be inadequate in its scope and in its restrictions to accomplish the purpose for which it was intended.
	 (I)	In addition to the proper zoning classification of such uses, there are a number of significant planning and land use issues pertaining to the regulation of such uses, including the following:
		(1)	The particular zoning districts in which such uses should be allowed as either permitted or conditional uses;
		(2)	The concentration and density of such uses in the city and its neighborhoods; and
		(3)	The effect of such uses on other uses in the surrounding area.
(Ord. 97-198, passed 8-21-2007)
§ 113.02  DEFINITIONS.
	For the purposes of this chapter, the following terms shall be defined as set forth below.
	ADULT ESTABLISHMENT.
		(1)	ADULT PATRONAGE.  Any business that is conducted exclusively for the patronage of adults and that excludes minors from patronage, either by operation of law or by the owners of the business;
		(2)	ADULT USAGE.  Any business that engages in any adult use; or
		(3)	RECEIPTS; FLOOR AREA; TYPES OF MERCHANDISE.  Any business that:
			(a)	Derives 25% or more of its gross receipts during any calendar month from; or
			(b)	Devotes 25% or more of its floor area (not including storerooms, stock areas, bathrooms, basements, or any portion of the business not open to the public) to items, merchandise, devices or other materials distinguished or characterized by an emphasis on material depicting, exposing, describing, discussing, or relating to specified sexual activities or specified anatomical areas.
	ADULT USES, GENERALLY.  Include adult book stores, adult motion picture theaters, adult mini-motion picture theaters, adult massage parlors, adult steam room/bathhouse/sauna facilities, adult companionship parlors, adult health/sport clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels, adult body painting studios, and other premises, enterprises, or establishments, businesses or places open to some or all members of the public at or in which there is an emphasis on the presentation, display, depiction or description of specified sexual activities or specified anatomical areas which are capable of being seen, heard, or smelled by members of the public. Activities and matters classified as obscene as defined by M.S. §6 17.241 are not included as an adult use and are prohibited in the City. ADULT USES include but are not limited to the following:
		(1)	ADULT BODY PAINTING STUDIO.  An establishment or business which provides the service of applying paint or other substance, whether transparent or non-transparent, to or on the body of a patron when such body is wholly or partially nude in terms of specified anatomical areas.
		(2)	ADULT BOOKSTORE.  A building or portion of a building used for the barter, rental or sale of items consisting of printed matter, specifically included, but not limited to, greeting cards, pictures, slides, records, audio tape, videotape or motion picture film if such building or portion of a building is not open to the public generally but only to 1 or more classes of the public excluding any minor by reason of age or if a substantial or significant portion of such items are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.
		(3)	ADULT CABARET.  A building or portion of a building used for providing dancing or other live entertainment, if such building or portion of a building excludes minors by virtue of age or if such dancing or other live entertainment is distinguished or characterized by an emphasis on the presentation, display, depiction or description of specified sexual activities or specified anatomical areas.
		(4)	ADULT COMPANIONSHIP ESTABLISHMENT.  A companionship establishment which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk or discussion between an employee of the establishment and a customer, if such service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
		(5)	ADULT CONVERSATION/RAP PARLOR.  A conversation/rap parlor which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk or discussion, if such service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
		(6)	ADULT HEALTH/SPORT CLUB.  A health/sport club which excludes minors by reason of age, or if such club is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
		(7)	ADULT HOTEL OR MOTEL.  Adult hotel or motel means a hotel or motel from which minors are specifically excluded from patronage by reason of age and wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
		(8)	ADULT MASSAGE PARLOR, HEALTH CLUB.  A massage parlor or health club which restricts minors by reason of age, or which provides the services of massage, if such service is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
		(9)	ADULT MOTION PICTURE THEATER.  A building or portion of a building used for presenting material if such building or portion of a building as a prevailing practice excludes minors by reason of age, or if such material is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons therein.
		(10)	ADULT MODELING STUDIO.  A modeling studio which restricts minors by reason of age, or whose major business is the provision, to customers, of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers, or who engage in specified sexual activities or display specified anatomical areas while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers.
		(11)	ADULT MOTION PICTURE ARCADE.  Any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled or operated, still or motion picture machines, projectors or other image-producing devices (including, but not limited to images from CD-ROM and/or the Internet) are maintained to show images to 5 or few persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.
		(12)	ADULT NOVELTY BUSINESS. An establishment or business engaged in the sale of novelty items which:
			(a)	Restricts minors by reason of their age; or
			(b)	Has as its principal activity the sale of devices and other products which:
				1.	Stimulate human genitals or devices which are designed to create sexual stimulation or excitement;
				2.	Are otherwise designed to stimulate or arouse sexual excitement in any manner whatsoever, specifically including, but not limited to, items such as inflatable dolls or similar devices; and/or
				3.	Is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
		(13)	ADULT SAUNA.  A sauna which excludes minors by reason of age, or which provides a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, or reducing utilizing steam or hot air as a cleaning, relaxing or reducing agent, if the service provided by the sauna is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
		(14)	ADULT STEAM ROOM/BATHHOUSE FACILITY.  A building or portion of building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent if such building or portion of a building restricts minors by reason of age or if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
	SPECIFIED ANATOMICAL AREAS.  Defined as follows:
		(1)	FEMALE.  Less than completely and opaquely covered human genitals, pubic region, buttock, anus, or female breast(s) below a point immediately above the top of the areola; and
		(2)	MALE.  Human male genitals even if completely and opaquely covered.
	SPECIFIED SEXUAL ACTIVITIES.  Defined as follows:
		(1)	General sexually-oriented acts.  Actual or simulated:
			(a)	Sexual intercourse;
			(b)	Oral copulation;
			(c)	Anal intercourse;
			(d)	Oral-anal copulation;
			(e)	Bestiality;
			(f)	Direct physical stimulation of unclothed genitals or the female breast;
			(g)	Flagellation or torture in the context of a sexual relationship;
			(h)	The use of excretory functions in the context of a sexual relationship; or
			(i)	Any of the following sexually-oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty;
		(2)	Genitalia.  Any clear depiction of human genitals in the state of sexual stimulation, arousal or tumescence;
		(3)	Certain uses and activities.  Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation;
		(4)	Touching.  Fondling or touching of nude human genitals, public region, buttocks, or female breast;
		(5)	Nature of clothing, or lack thereof. Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes and who are engaged in activities involving the flagellation, torture, fettering, binding or other physical restraint of any such person;
		(6)	Animals.  Erotic or lewd touching, fondling or other sexually-oriented contact with an animal by a human being;
		(7)	Irrigation.  Human excretion, urination, menstruation, vaginal irrigation;
		(8)	Minor.  An individual under 18 years of age.
(Ord. 97-198, passed 8-21-2007)
§ 113.03  REGULATION.
	(A)	Location restrictions. The restrictions set forth below shall apply to the location of adult establishments.
		(1)	No adult establishment shall be operated or maintained except within the BP Commercial Zoning District pursuant to a conditional use permit.
		(2)	No adult establishment shall be operated or maintained on a parcel within 1350 feet of any residential district, public or private school with students primarily under the age of 18, or public facilities, or religious place of worship, or within 500 feet of another adult establishment. Distance shall be measured from the closest point of the lot lines of subject uses.
		(3)	No adult establishment incorporating live performances shall be operated or maintained on a parcel within 50 miles of another adult establishment that provides space for live performances. Distance shall be measured from the closest point of the lot lines of subject uses.
	(B)	Sign requirements.  In addition to the requirements of sign regulations of the development ordinance (and as subsequently amended), all businesses regulated under this chapter shall comply with the following sign requirements:
		(1)	All signs shall be wall signs.
		(2)	No merchandise or pictures of the products or entertainment on the premises shall be displayed in window areas or in any area where they can be viewed from a public street or sidewalk in front of the building.
		(3)	Window areas shall not be covered or made opaque in any way.
		(4)	No sign shall be placed in any window.
		(5)	A 1 square-foot sign shall be placed on the door of the establishment to state hours of operation and admittance is limited to adults only.
		(6)	Sign content shall be limited to text only. Text is limited to the name of the business and its address.
		(7)	Where any provisions of this section conflict with sign ordinance, the provision that is more stringent shall be applied.
	(C)	Physical layout of business.  Any adult establishment having available for customers, patrons or members, a booth, room or cubicle for the private viewing of any specified anatomical areas or specified sexual activities must comply with the following requirements:
		(1)	Each booth, room or cubicle shall be totally accessible to and from aisles and public areas of the adult establishment and shall be unobstructed by any door, lock or other control type devices.
		(2)	Every booth, room or cubicle shall meet the following construction requirements:
			(a)	Each booth, room or cubicle shall be separated from adjacent booths, rooms and cubicles and any non-public areas by a wall.
			(b)	Have at least 1 side totally open to a public lighted aisle so there is an unobstructed view at all times of anyone occupying the area.
			(c)	All walls shall be solid and without any openings, extended from the floor to a height of not less than 6 feet and be light-colored, non-absorbent, smooth-textured and easily cleanable.
			(d)	The floor must be light-colored, non-absorbent, smooth-textured and easily cleanable.
			(e)	The lighting level of each booth, room or cubicle when not in use shall be a minimum of 10 foot candles at all times, as measured from the floor.
		(3)	Only 1 individual shall occupy a booth, room or cubicle at any time. No occupant of a booth, room or cubicle shall engage in any type of sexual activity, cause any bodily discharge or litter while in the booth. No individual shall damage or deface any portion of the booth.
	(D)	License required.
		(1)	From and after the effective date of this chapter no adult establishment shall be operated or maintained in the city without first obtaining a license to operate issued by the city.
		(2)	A license may be issued for only 1 adult establishment located at a fixed and certain place. Any person, partnership or corporation which desires to operate more than 1 adult establishment shall have a separate license for each such business.
		(3)	No license or interest in a license may be transferred to any person, partnership, corporation, or other entity.
		(4)	Only 1 licensed adult establishment may be operated:
			(a)	Within a single building; or
			(b)	Upon a single tax parcel.
		(5)	No liquor license shall be issued for an adult establishment.
	(E)	Application for license.
		(1)	Any person, partnership or corporation desiring to secure a license shall make application to the City Clerk.
		(2)	The application for a license shall be upon a form provided by the city.
		(3)	An applicant shall furnish the following information:
			(a)	Names, addresses and dates of birth of applicant and spouse if any;
			(b)	Written proof that the applicant is at least 18 years of age;
			(c)	Address of the adult establishment to be operated by the applicant;
			(d)	The name of the city, county and state, if any, where the applicant previously operated an adult establishment;
			(e)	Whether the applicant has ever been convicted of a felony involving sexual conduct, the use or distribution of controlled substances or the use or distribution of a dangerous weapon. If the answer to the last is yes, state the jurisdiction in which the offense or offenses occurred. The applicant may attach any explanation he or she deems appropriate; and
			(f)	If the applicant is a corporation (partnership/limited liability company/trust or other business entity which is not a natural person), the name of the corporation, the date and state of incorporation, the name and address of the registered agent and the name and address of all shareholders owning more than 5% of the stock in said corporation and all officers and directors of the corporation.
		(4)	Within 60 days of receiving a completed application for a license, the City Clerk shall submit the application to the City Council for approval or denial.
		(5)	Failure or refusal of the applicant to give any information relative to the investigation of the application shall constitute grounds for denial of the license.
	(F)	Standards for issuing licenses.
		(1)	To receive a license to operate an adult establishment, an applicant must meet the following standards:
			(a)	The applicant must be 18 years of age or older.
			(b)	The applicant or his or her spouse has not been denied a similar license by any other city, county or state within the preceding 12 months or has not had such a license revoked or suspended within the preceding 12 months.
			(c)	All current real estate taxes have been paid on the licensed premises.
			(d)	The licensed premises meets all the provisions of this chapter as well as all building and fire codes.
			(e)	The applicant or spouse has not been convicted of any felony involving moral turpitude, prostitution, obscenity or other crime of a sexual nature or involving the use or distribution of a controlled substance as defined by state laws, or the use or distribution of a dangerous weapon. The fact that a conviction may be under appeal shall not affect the disqualification of the applicant.
			(f)	All license and investigation fees required by this chapter have been paid.
		(2)	For the purposes of this section the term APPLICANT shall include an individual, all persons having a financial interest in a partnership or joint venture, and, in the case of a corporation (partnership/limited liability company/trust or other business entity which is not a natural person), all officers, directors and stockholders required to be named in the application.
		(3)	All police, fire and building code investigations shall be completed within 21 days after the date the completed application is filed with the City Clerk. Upon a showing of good cause and reasonable diligence on the part of an investigator, the City Council may extend the investigation period for a reasonable time. Any investigation not completed within the allotted time period shall be deemed to be waived.
	(G)	License fees.
		(1)	The annual license fee to operate an adult establishment shall be determined by the City Council by resolution.
		(2)	In addition to the annual license fee, an investigation fee in an amount determined by the City Council by resolution shall be paid at the time of the initial license application.
		(3)	All appropriate fees shall be submitted along with the application for a new or renewal license.
		(4)	If an application is denied, the license fee, but not the investigation fee, shall be refunded to the applicant.
	(H)	Display of license. The license shall be displayed in a conspicuous public place in the adult establishment.
	(I)	Renewal of license.
		(1)	Every license issued pursuant to this chapter shall expire at 12:00 midnight on December 31 of each year unless sooner revoked by the City Council, and must be renewed before operation is allowed in the following year.
		(2)	Applications for renewal must be submitted with the annual license fee to the City Clerk not later than 60 days before the license expires.
		(3)	Renewal of a license may be issued by the City Clerk unless the Clerk finds cause for not renewing the license in which case the Clerk shall submit the renewal application to the City Council prior to the expiration of the license.
		(4)	No license for which application for renewal has been timely made shall be deemed to expire until the City Council has rendered its decision not to renew a license. No application for renewal of a license may be denied by the City Council until after the applicant has received 10 days’ written notice of a public hearing before the Council. The applicant may appear with or without counsel at that public meeting and may present such evidence and witnesses, as he or she deems appropriate.
	(J)	Revocation of license.
		(1)	The City Council shall revoke a license for any of the following reasons:
			(a)	Discovery that false or misleading information or data was given on any initial or renewal application or material facts was omitted from any such application;
			(b)	The operator or an employee of the operator violates any provisions of this chapter or any rule or regulation adopted by the Council pursuant to this chapter, provided, however, that in the case of a first offense by an operator where the conduct was solely that of an employee the penalty shall not exceed a suspension of 30 days if the Council finds that the operator had no actual or constructive knowledge of such violation and could not by the exercise of due diligence have had such actual or constructive knowledge;
			(c)	The operator becomes ineligible to obtain a license;
			(d)	Any cost or fee required to be paid by this chapter is not paid; and/or
			(e)	Any intoxicating liquor or cereal malt beverage is served or consumed on the premises of the adult establishment.
		(2)	The Council, before revoking or suspending any license, shall give the operator 10 days’ written notice of the charges against him or her, and an opportunity for a public hearing before the Council at which time the operator may appear with or without counsel and may present such evidence and witnesses as he or she deems appropriate.
		(3)	The transfer of a license or any interest in a license shall automatically and immediately revoke the license.
		(4)	Any operator whose license is revoked shall not be eligible to receive a license for 1 year from the date of revocation. No location or premises for which a license has been issued shall be used as an adult establishment for 6 months from the date of revocation of the license.
	(K)	Responsibilities of operator.
		(1)	Every act or omission by an employee constituting a violation of the provisions of this chapter shall be deemed the act or omission of the operator if such act or omission occurs either with the authorization, knowledge or approval of the operator, or as a result of the operator's negligent failure to supervise the employee's conduct, and the operator shall be punishable for such act or omission in the same manner as if the operator committed the act or caused the omission.
		(2)	Any act or omission of any employee constituting a violation of the provisions of this chapter shall be deemed the act or omission of the operator for purposes of determining whether the operator's license shall be revoked, suspended or renewed.
		(3)	No employee of an adult establishment shall allow any minor to loiter around or to frequent the adult establishment or to allow any minor to view specified anatomical areas or specified sexual activity at the adult establishment.
		(4)	The operator shall maintain the premises in a clean and sanitary manner at all times.
		(5)	The operator shall maintain at least 10 foot-candles of light in the public portions of the establishment, including aisles, at all times. However, if a lessor level of illumination in the aisles shall be necessary to enable a patron to view the adult entertainment in a booth, room or cubicle adjoining an aisle, a lesser amount of illumination may be maintained in such aisles, provided, however, at no time shall there be less than 1 foot-candle of illumination in said aisles as measured from the floor.
		(6)	All business transactions shall occur within the licensed building.
		(7)	No employee shall have been convicted of any felony involving moral turpitude, prostitution, obscenity or other crime of a sexual nature or involving the use or distribution of a controlled substance as defined by state laws, or the use or distribution of a dangerous weapon. The fact that a conviction may be under appeal shall not affect the disqualification of the employee.
		(8)	No minor may be employed by or work at an adult establishment.
		(9)	The operator shall ensure and be responsible for the compliance of the establishment and its patrons with the provisions of this chapter.
	(L)	Exclusions.  All public and private schools or churches located within the city are exempt from obtaining a license hereunder when instructing pupils in sex education as part of its curriculum.
	(M)	No minors.  No person under the age of 18 shall be permitted to be present in an adult establishment.
	(N)	Hours of operation.  The hours of operation for any business licensed under this chapter shall be between 9:00 a.m. to midnight.
	(O)	Enforcement.  Members of the law enforcement agency providing service to the city, the Fire Marshal, or designee, the Building Official or designee and the Zoning Administrator or designee, shall have authority to enter any adult establishment at all reasonable times to inspect the premises for the purposes of enforcing this chapter and all other applicable state laws, fire codes and building codes.
(Ord. 97-198, passed 8-21-2007)
§ 113.04  MEANS OF ENFORCEMENT.
	The city may enforce any provision of this chapter by mandamus, injunction or any other appropriate civil remedy in any court of competent jurisdiction. The chapter may also be enforced by appropriate criminal prosecution.
(Ord. 97-198, passed 8-21-2007)
§ 113.99  PENALTY.
	(A)	Any individual, partnership or corporation (partnership/limited liability company/trust or other business entity which is not a natural person) who is found to have violated the provisions of this chapter shall be guilty of a misdemeanor and shall also be subject to revocation of any license.
	(B)	Each violation of this chapter shall be considered a separate offense and any violation continuing more than 1 day shall be considered a separate offense.
(Ord. 97-198, passed 8-21-2007)
CHAPTER 114:  THERAPEUTIC MASSAGE
Section
	114.01	Purpose
	114.02	Definitions
	114.03	License required
	114.04	Licensing exceptions
	114.05	Persons and locations ineligible for a license
	114.06	Fees
	114.07	General license restrictions
	114.08	Restrictions regarding license transfer
	114.09	Suspension or revocation of license
	114.10	Prohibited acts
	114.11	Application content
	114.12	Application execution
	114.13	Application verification
	114.14	Application consideration
	114.15	Expiration of license; prorating
	114.16	Renewal application

	114.99	Penalty
§ 114.01  PURPOSE.
	The City Council finds that therapeutic massage and bodywork establishments potentially provide an opportunity for the commission of crimes, including but not limited to, prostitution. The purpose of this chapter is therefore to prevent businesses from being used as facilities for commission of crimes and to assure that such businesses comply with basic consumer protection standards, thereby protecting the public health, safety, and general welfare of the citizens of the city.
(Ord. 2012-064, passed 12-4-2012)
§ 114.02  DEFINITIONS.
	For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
	ACCREDITED INSTITUTION.  An educational institution currently holding accredited status from the North Central Association of Colleges and Schools (NCA) or another regional accrediting agency approved by the United States Department of Education or is licensed or registered by the state agency having jurisdiction over the school. The ACCREDITED INSTITUTION must also be in compliance with the National Certification Board for Therapeutic Massage and Bodywork or other nationally recognized certification licensing organizations.
	ACCREDITED PROGRAM.  A professional massage program currently holding accredited status by the Commission on Massage Therapy Accreditation (COMTA), or a comparable national or regional organization which is approved by the United States Department of Education for its accrediting program for compliace with quality and competency standards through a process of periodic peer review and self-study. The accredited program must also be in compliance with the National Certification Board for Therapeutic Massage and Bodywork or other nationally recognized certification licensing organization.
(Ord. 08-067, passed 2-5-2013)
§ 114.03  LICENSE REQUIRED.
	(A)	No person shall exercise, carry on, or be engaged in the trade or business of providing massage therapy or bodywork or operating a massage therapy or bodywork establishment unless such person is currently licensed under this chapter. The application and licensing process are described in §§ 114.11 through 114.14. This section is intended to require the licensing of the business as an entity, as well as each person employed by the business for the purpose of providing therapeutic massage or bodywork therapy.
	(B)	Notwithstanding the licensing requirements detailed under division (A) of this section, therapeutic massage premises license holders allowing persons to provide therapeutic massage or bodywork services at a therapeutic massage establishment without a current license may be held responsible and charged with a violation of this chapter.
	(C)	Persons or businesses currently engaged in the practice of therapeutic massage or bodywork at the time of enactment of this section shall be in full compliance with the terms and conditions of the section no later than ten days following publication of the section. The exception to the compliance requirement shall be the required educational standards. Specifically, those persons employed in the practice of therapeutic massage or bodywork within the City of Lake Elmo prior to the enactment of this section shall be allowed to continue in such practice without meeting the required minimum standard of 500 formal training hours until January 1, 2014. Persons or businesses engaging in the practices described in this section after the enactment of this ordinance shall be in full compliance prior to engaging in such practices.
(Ord. 2012-064, passed 12-4-2012)  Penalty, see § 114.99
§ 114.04  LICENSING EXCEPTIONS.
	The following persons or places, as described, shall be exempt from the licensing requirements of this chapter.
	(A)	Persons duly licensed by this state to practice medicine, surgery, osteopathy, chiropractic, physical therapy, or podiatry, provided the massage is administered in the regular course of the medical business and not provided as part of a separate and distinct massage or bodywork business.
	(B)	Persons duly licensed by this state as beauty culturists or barbers, provided such persons do not hold themselves out as giving massage treatments and provided that massages provided by beauty culturists are limited to the head, hand, neck and feet, and that massages provided by barbers are limited to the head and neck.
	(C)	Students participating in an educational massage therapy program at an accredited college providing therapeutic massage therapy under the direct supervision of a licensed massage therapist/bodyworks therapist, or licensed health professional under which massage is within the scope of their practice.
	(D)	Off-site locations at which a client receives therapeutic massage or bodywork services from a licensed massage or bodywork therapist, licensed pursuant to the terms of this chapter.
	(E)	As described in M.S. § 471.709: a massage therapist who is working for or an employee of a medical professional licensed under M.S. Chapter 147 or 148.
(Ord. 2012-064, passed 12-4-2012)
§ 114.05  PERSONS AND LOCATIONS INELIGIBLE FOR A LICENSE.
	(A)	No license under this chapter shall be issued to an applicant who is a natural person if such applicant:
		(1)	Is a minor at the time the application is filed;
		(2)	Has been convicted of or entered a plea of guilty within the previous three years to a violation of this chapter or of any other law regulating the practice of therapeutic massage, or of any law prohibiting criminal sexual conduct, prostitution, pandering, indecent conduct, or keeping of a disorderly house;
		(3)	Is not of good moral character or repute;
		(4)	Holds an intoxicating liquor license under Chapter 111 of this code; or
		(5)	Provides any false, fraudulent, or deceptive information in the required application.
	(B)	The provisions of this section as described in division(A)(1) through (5), shall also apply to any partnership if such applicant has any general partner or managing partner meeting any of the described criteria; and shall also apply to any corporation or other organization if such applicant has any manager, proprietor, or agent in charge of the business meeting any of the described criteria.
	(C)	The following locations shall be ineligible for a license under this chapter:
		(1)	No license shall be granted or renewed for operation on any property on which taxes, assessments, or other financial claims of the state, county, school district, or city are due, delinquent, or unpaid. In the event a suit has been commenced under M.S. §§ 278.01 through 278.03, questioning the amount or validity of taxes, the City Council may on application waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof which remain unpaid for a period exceeding one year after becoming due.
		(2)	No license shall be granted or renewed if the property on which the business is to be conducted is owned by a person who is ineligible for a license under the requirements of any chapter of this code.
(Ord. 2012-064, passed 12-4-2012)  Penalty, see § 114.99
§ 114.06  FEES.
	(A)	Application fee.
		(1)	The license application fee shall be as determined by the City Council, and should, as closely as possible, reflect the actual cost of processing, verifying, and approving the application. An applicant for any license under this Chapter shall be responsible for the payment of all actual expenses related to the background investigation conducted by the city, up to a maximum cost of $250 per person employed or contracted with as a massage or body works therapist. The intent of this section is to require a background investigation for all persons employed by or contracting with any massage therapy or bodywork business operating within the city. These costs shall be paid to the city prior to the issuance of an individual or business license.
		(2)	In the event that the licensed premises defines a structure not ready for occupancy, the time fixed for computation of the license fee for the initial license period shall be 90 days after approval of the license by the City Council or upon the date the building is ready for occupancy, whichever is sooner.
		(3)	When a new license application is submitted as a result of incorporation by an existing licensee and the ownership, control, and interest in the license are unchanged, no additional fee shall be required.
	(B)	Annual license renewal fee. The annual license renewal fee shall be determined by the City Council and should, as closely as possible, reflect the actual cost of processing, verifying and approving the renewal application. For the purpose of establishing an initial licensing fee, the annual renewal fee shall be calculated at the rate of $50 for the business entity and $25 per massage therapy or body works practitioner employed by or contracting with the business entity.
(Ord. 2012-064, passed 12-4-2012)
§ 114.07  GENERAL LICENSE RESTRICTIONS.
	(A)	Educational requirements. Persons applying for a license under this chapter shall provide, in addition to the general application described later in this chapter:
		(1)	 One of the following:
			(a)	Proof of successful completion of a minimum of 500 hours of therapeutic massage training/coursework that includes subjects of anatomy, physiology, hygiene, ethics, massage theory and research, and massage practice from an accredited institution or program; or
			(b)	A diploma or certificate of graduation from a comprehensive massage therapy program consisting of the course work stated above in division (A)(1)(a) of this section, issued to the applicant from an accredited institution or an accredited program; or
			(c)	Proof of passing the National Certification Exam offered by the National Certification Board for Therapeutic Massage and Bodywork or proof of passing the Federation of State Massage Therapy Boards (FSMTB) Massage and Bodywork Licensing Examination (MBLEx); or
			(d)	Proof of having completed at least 100 hours of therapeutic massage training/course work that includes subjects of anatomy, physiology, hygiene, ethics, massage theory and research, and massage practice from an accredited institution or program, as defined in § 114.02, Definitions, of this chapter, and has practiced massage therapy in the City of Lake Elmo, for compensation for at least five years immediately preceding the date of the application. This form of eligibility will be accepted until January 1, 2014; and
			(e)	Such other information as the city shall require; and
		(2)	Proof of current certification in the administration of cardiopulmonary resuscitation (CPR). This certification must remain valid at all times.
	(B)	Inspection of premise. During business hours, all therapeutic massage and bodywork establishments shall be open to inspection by city building and license inspectors, health officers, and licensed peace officers. At the request of the described inspecting parties, any person licensed under this chapter shall produce correct and authentic identification that includes a true legal name and current home address.
	(C)	License display. A license issued under this chapter must be posted in a conspicuous place in the premises for which it is used. The license issued is only effective for the compact and contiguous space specified in the approved license application. In addition to the license issued to the business establishment, the licenses issued to individual persons employed by the business shall be displayed in a similar manner.
	(D)	Maintenance of order. A licensee under this chapter shall be responsible for the conduct of the business being operated and shall maintain conditions of order.
	(E)	Gambling. No licensee under this chapter may keep, possess, or operate, or permit the keeping, possession, or operation on the licensed premises of dice, slot machines, roulette wheels, punchboards, blackjack tables or pinball machines which return coins or slugs, chips, or tokens of any kind, which are redeemable in merchandise or cash. No gambling equipment authorized under M.S. §§ 349.11 through 349.60, may be kept or operated and no raffles may be conducted on the licensed premises and/or adjoining rooms. The purchase of lottery tickets may take place on the licensed premises as authorized by the director of the lottery pursuant to M.S. §§ 349A.01 through 349A.15.
	(F)	Alcohol or drugs prohibited. No beer, liquor, narcotic drug, or controlled substance, as such terms are defined by state statutes or city code, shall be permitted on the premises.
	(G)	Building, safety and health regulations. Any establishment licensed under this chapter shall be in full compliance with all applicable local, state and federal building, safety and health laws and regulations.
	(H)	Locks on doors. There shall be no locks placed upon or used on the doors of massage rooms.
	(I)	Professional liability insurance. Each business as an entity and each practitioner individually shall obtain and keep current a professional liability insurance policy governing the activities of the business and practitioner.
	(J)	Minnesota Statute Chapter 146A. Each business as an entity and each practitioner individually shall additionally comply with all of the requirements and regulations established by M.S. Chapter 146A. This chapter establishes the State Office of Unlicensed Complementary and Alternative Health Care Practice and establishes additional regulations and requirements for these businesses types.
	(K)	Appointment record requirement. All licensees shall be responsible for keeping appointment records of all off-site therapeutic massage/bodywork services provided. The records shall be sequential and shall include the name of the therapist conducting the service, the name and signature of the client, the address where the service was provided, and the date and time of the service. Licensed therapists shall have appointment records in possession at all off-site locations. Appointment records shall be kept for a period of 24 months from the date of the service.
(Ord. 2012-064, passed 12-4-2012; Am. Ord. 08-067, passed 2-5-2013)  Penalty, see § 114.99
§ 114.08  RESTRICTIONS REGARDING LICENSE TRANSFER.
	Each license under this chapter shall be issued to the applicant only and shall not be transferable to any other person. No licensee shall loan, sell, give, or assign a license to another person.
(Ord. 2012-064, passed 12-4-2012)  Penalty, see § 114.99
§ 114.09  SUSPENSION OR REVOCATION OF LICENSE.
	(A)	The City Council may suspend or revoke a license issued under this chapter upon a finding of a violation of: (1) any of the provisions of this chapter; (2) any state statute regulating therapeutic massage or bodywork; or (3) any state or local law relating to moral character and repute. Any conviction by the license holder for any other law regulating the practice of massage or bodywork, or of any law prohibiting criminal sexual conduct, prostitution, pandering, indecent conduct, or keeping of a disorderly house shall result in the immediate suspension pending a hearing on revocation of any license issued hereunder.
	(B)	Except in the case of a suspension pending a hearing on revocation, a revocation or suspension by the City Council shall be preceded by written notice to the licensee and a public hearing. The written notice shall give at least eight days notice of time and place of the hearing and shall state the nature of the charges against the license holder. The Council may, without any notice, suspend any license pending a hearing on revocation for a period not to exceed 30 days. The notice may be served upon the license holder by United States mail addressed to the most recent address of the business in the license application.
(Ord. 2012-064, passed 12-4-2012)
§ 114.10  PROHIBITED ACTS.
	Any touching, manipulation, stimulation, or excitation of the primary genital area of a client by a massage therapist or bodywork practitioner, or of a massage therapist or bodywork practitioner by a client, pursuant to the provision of a massage or bodywork technique, is expressly prohibited. The offer or suggestion to provide any of the described acts to a client by the massage therapist or bodywork practitioner is prohibited.
(Ord. 2012-064, passed 12-4-2012)  Penalty, see § 114.99
§ 114.11  APPLICATION CONTENT.
	Every application for a license under this chapter shall be made on a form supplied by the issuing authority and shall contain the information described below. The intent of the application process is to acquire sufficient information on the owner of the business and each employee or contractor with the business as to allow a thorough background investigation and an informed decision by the city with regard to licensing. If the applicant is employed by or contracting with a business, and is not the owner of the business, it will not be necessary to provide information regarding the applicant’s spouse.
	(A)	If the applicant is a natural person:
		(1)	The name, place and date of birth, street resident address, and phone number of the applicant;
		(2)	Whether the applicant is a citizen of the United States or a resident alien;
		(3)	Whether the applicant has ever used or been known by another name other than the applicant’s name, and if so, the name or names used and information concerning the dates and places when used;
		(4)	The name of the business if it is to be conducted under a designation, name, or style other than the name of the applicant and a certified copy of the certificate as required by M.S. § 333.01;
		(5)	Whether the applicant will engage in off-site massage/bodywork services;
		(6)	The street addresses at which the applicant has lived during the preceding five years;
		(7)	The type, name, and location of every business or occupation in which the applicant has been engaged during the preceding five years and the names(s) and address(es) of the applicant’s employer(s) and partner(s), if any, for the preceding five years;
		(8)	Whether the applicant has ever been convicted of a felony, crime, or violation of any ordinance other than a traffic ordinance. If so, the applicant shall furnish information as to the time, place, and offense for which convictions were had; and
		(9)	The physical description of the applicant.
	(B)	If the applicant is married:
		(1)	The name, place and date of birth, and street address of the applicant’s current spouse;
		(2)	The type, name, and location of every business or occupation in which the applicant’s current spouse has been engaged during the preceding five years;
		(3)	The names and addresses of the employers or partners of the applicant’s current spouse for the preceding five years; and
		(4)	Whether the applicant’s current spouse has ever been convicted of any felony, crime, or violation of any ordinance other than a traffic ordinance. If so, the applicant shall furnish information as to the time, place, and offense for such convictions.
	(C)	If the applicant is a partnership:
		(1)	The names(s) and address(es) of all general and limited partners and all information concerning each general partner required in division (A) of this section;
		(2)	The name(s) of the managing partner(s) and the interest of each partner in the massage therapy business; and
		(3)	A true copy of the partnership agreement shall be submitted with the application. If the partnership is required to file a certificate as to a trade name pursuant to M.S. § 333.01, a certified copy of such certificate shall be attached to the application.
	(D)	If the applicant is a corporation or other organization:
		(1)	The name of the corporation or business form, and if incorporated, the state of the incorporation;
		(2)	A true copy of the certificate of incorporation, articles of incorporation or association agreement, and by-laws shall be attached to the application. If the application is a foreign corporation, a certificate of authority as required by M.S. § 303.06, shall be attached;
		(3)	The name of the manager(s), proprietor(s), or other agent(s) in charge of the business and all information concerning each manager, proprietor, or agent required in division (A) of this section; and
		(4)	A list of all persons who control or own an interest in excess of 5% in such organization or business form or who are officers of the corporation or business form and all information concerning the persons required in division (A) of this section.
	(E)	For all applicants:
		(1)	Whether the applicant holds a current massage therapy license from any other governmental unit;
		(2)	Whether the applicant has previously been denied a massage therapy license from any other governmental unit;
		(3)	The names, street resident addresses, and business addresses of three residents of the seven-county metropolitan area, who are of good moral character and who are not related to the applicant or not holding any ownership in the premises or business, who may be referred to as to the applicant’s and/or manager’s character;
		(4)	The location of the business premises;
		(5)	The legal description of the premises to be licensed;
		(6)	Whether all real estate and personal property taxes that are due and payable to the premises to be licensed have been paid, and if not paid, the years and amounts that are unpaid;
		(7)	Whenever the application is for premises either planned or under construction or undergoing substantial alteration, the application shall be accompanied by a set of preliminary plans showing the design of the proposed premises to be licensed. If the plans or design are on file with the Lake Elmo Building Department, no plans need to be submitted with the issuing authority; and
		(8)	Such other information as the City Council or issuing authority may require.
(Ord. 2012-064, passed 12-4-2012)
§ 114.12  APPLICATION EXECUTION.
	All applications for a license under this chapter shall be signed and sworn to. If the application is that of a natural person, it shall be signed and sworn to by such person; if that of a corporation, by an officer thereof; and if that of a partnership, by one of the general partners; and if that of an unincorporated association, by the manager or managing officer thereof. Any falsification on a license application shall result in the denial of a license.
(Ord. 2012-064, passed 12-4-2012)
§ 114.13  APPLICATION VERIFICATION.
	All applications shall be referred to the issuing authority for verification and investigation of the facts set forth in the application. The issuing authority shall make a written report and recommendation to the City Council as to the issuance or non-issuance of the license. The City Council may order and conduct such additional investigation, as it deems necessary.
(Ord. 2012-064, passed 12-4-2012)
§ 114.14  APPLICATION CONSIDERATION.
	(A)	The City Council shall conduct a hearing on the license application within a reasonable period following receipt of the issuing authority’s report and recommendation regarding the application. At least ten days in advance of the City Council hearing on an application, the issuing authority shall cause notice of the hearing to be published in the official newspaper of the city, setting forth the day, time, and place of the hearing; the name of the applicant; the premises where the business is to be conducted; and the type of license which is sought. At the hearing, opportunity shall be given to any person to be heard for or against the granting of the license. Additional hearings on the application may be held if the City Council deems additional hearings necessary. After the hearing or hearings on the application, the City Council may, in its discretion, grant or deny the application.
	(B)	If an application is granted for a location where a building is under construction or not ready for occupancy, the license shall not be delivered to the licensee until a certificate of occupancy has been issued for the licensed premises.
(Ord. 2012-064, passed 12-4-2012)
§ 114.15  EXPIRATION OF LICENSE; PRORATING.
	All licenses issued pursuant to this chapter shall expire on the last day of October of each year. Each license shall be issued for a period of one year except that if a portion of the license year (November to October following) has elapsed at such time as the application is filed, a license may be issued for the remainder of the license year for a pro rata fee. For the purpose of computing such “pro rata fee”, any fraction of a month falling within the license period shall be counted as a full month.
(Ord. 2012-064, passed 12-4-2012)
§ 114.16  RENEWAL APPLICATION.
	(A)	Applications for the renewal of an existing license shall be made at least 30 days prior to the date of the expiration of the license and shall be made in such form as the issuing authority requires. If, in the judgment of the issuing authority, good and sufficient cause is shown by an applicant for the applicant’s failure to submit a renewal application before the expiration of the existing license, the issuing authority may, if the other provisions of this chapter are complied with, grant the renewal application.
	(B)	A license under this chapter will not be renewed:
		(1)	If the issuing authority determines that the licensee has failed to comply with the provisions of this chapter in preceding license years;
		(2)	If the licensee, or if the licensee does not manage the establishment, the manager of the licensed premises is not a resident of the seven-county metropolitan area on the date that the renewal takes effect; 
		(3)	If in the case of a partnership, the managing partner or other person who manages the establishment is not a resident of the seven-county metropolitan area on the date the renewal takes effect; or
		(4)	If in the case of a corporation, or other organization, the manager, a proprietor, or agent in charge of the establishment is not a resident of the seven-county metropolitan area on the date the renewal takes effect.
	(C)	The time for establishing residence in the seven-county metropolitan area may, for good cause, be extended by the City Council.
(Ord. 2012-064, passed 12-4-2012)
§ 114.99  PENALTY.
	A violation of this chapter shall be a misdemeanor under Minnesota law.
(Ord. 2012-064, passed 12-4-2012)
CHAPTER 115:  BUILDING CONTRACTORS
Section
	115.01	Policy
	115.02	License and permit required
	115.03	Application for license; insurance requirements; issuance or denial
	115.04	Standards for license issuance; term
	115.05	License fee; exemption
	115.06	Suspension or revocation of license
	115.07	Exemptions from provisions
	115.08	Effect on liability
§ 115.01  POLICY.
	It is deemed in the interest of the public and the residents of the city that the work involved in building, alteration, construction, and the installation of various appliances and service facilities in and for such buildings be done only by individuals that have demonstrated or submitted evidence of their competency to perform such work in accordance with applicable codes and ordinances of the city regulating the same.
(Ord. 08-069, passed 2-19-2013)
§ 115.02  LICENSE AND PERMIT REQUIRED.
	(A)	License required.
		(1)	No person, firm or corporation shall operate, maintain, conduct or engage in the following businesses or work, except in accordance with state statutes, this code and other applicable ordinances of the city.
			(a)	Demolition- residential dwelling, commercial structure.
			(b)	Driveway.
			(c)	Excavation.
			(d)	HVAC.
			(e)	Irrigation.
			(f)	Sewer line installer.
			(g)	Water line installer.
			(h)	Sign installer.
			(i)	Right-of-way.
		(2)	This division shall not be construed as preventing any such qualified licensee from performing the work by an employee under his/her supervision and control, or by contract with another person qualified to perform the same; provided that the contractor is subject to the control of the licensee, and the licensee is at all times responsible for the work performed. A contractor not subject to the control of a licensee shall be required to obtain a license.
	(B)	Permit required. For each of the businesses or occupations listed in division (A)(1) of this section for which the State of Minnesota provides for the registration thereof, permits shall be granted only to holders of a state or city license; except that the owner of any property may perform work when work is performed in accordance with the codes and ordinances of the city, and for such purpose, a permit may be granted to such owner without a licensed obtained.
(Ord. 08-069, passed 2-19-2013)  Penalty, see § 10.99
§ 115.03  APPLICATION FOR LICENSE; INSURANCE REQUIREMENTS; ISSUANCE OR DENIAL.
	(A)	Contents of application; insurance.
		(1)	Applications for a license shall be made on forms provided by the city clerk. On such form, the applicant shall state the following information:
			(a)	His/her name, and business and home address; and if the application is made on behalf of a partnership, association or corporation, the name and address of such partnership, association or corporation, and the phone number of the contact person;
			(b)	If the proposed licensee is a partnership, the name and home addresses of all partners; or if the proposed licensee is an association or corporation, the names and home addresses of its principal officers and managers and of the owners (not to exceed 10) or the largest shareholders of the business or enterprise; and
			(c)	Such information as is required to be furnished by ordinance or is reasonably required by the city clerk or other applicable city departments.
		(2)	The application shall include documentation indicating insurance coverage, which shall remain in effect during the license term, and non-cancellation provisions, which provide a minimum of 30 days’ notice to the city prior to cancellation, as follows:
			(a)	Comprehensive general liability insurance not less than $100,000 for injuries including accidental death to any one person, and subject to the same limit for each person in an amount of not less than $300,000 on account of any one accident;
			(b)	Property damage insurance not less than $50,000 for each accident and not less than $100,000 aggregated; and
			(c)	Workers compensation insurance coverage of employees as required by state law.
	(B)	Signatures required. The proposed licensee shall sign the application; or if the proposed licensee is a partnership, an association or corporation, at least one person having power under its bylaws to execute contracts of the association or corporation shall sign.
	(C)	Renewal applications. Applications for renewals of licensee may, in the interest of brevity, substitute for any required information a reference to statements contained in previous applications, which are on file with the city.
	(D)	Issuance of license. The license shall be granted by the city clerk, after positive recommendations from applicable city staff, upon proof of the applicant’s qualifications, and compliance with § 115.04 of this chapter.
	(E)	Denial of license; appeal. In the event the City Clerk determines that the application does not comply with the ordinance criteria, the report and recommendation of the City Clerk and applicable staff shall be referred to the city council, together with the reason or reasons for the proposed denial. A copy of the recommendation shall be supplied to the applicant. The applicant may appear before the City Council to respond to the recommendation of denial. The City Council shall make the appropriate findings and either issue or deny the license application.
(Ord. 08-069, passed 2-19-2013) 
§ 115.04  STANDARDS FOR LICENSE ISSUANCE; TERM.
	(A)	Standards for issuance generally; term. Licenses and renewals thereof shall be issued after a verification of the applicant’s qualification and record in the performance and operation of the types of work for which the applicant seeks a license. Licenses shall be issued for one calendar year from January 1 through December 31. New licenses will run from date of issuance through December 31.
	(B)	Standards for denial. Licenses and renewals therefore may be denied by the city council for any of the following reasons.
		(1)	Failure to complete the application or file the required license fee or insurance policy.
		(2)	Misstatement in the application.
		(3)	Failure to comply with special conditions required by statue or ordinance for issuance of a license.
		(4)	Violations of licensing ordinances by applicant, or suspension or revocation licenses held by the applicant in the city or elsewhere.
		(5)	Violation of any state statute or city code provision which creates a threat to the public peace, health, safety and welfare.
		(6)	Disregard and violation of the building, housing, sanitary, health, and fire laws of the state, county, or city.
		(7)	Any conduct which is contrary to the public interest, including, but not limited to, fraud, misrepresentation, or other dishonest or deceitful conduct.
(Ord. 08-069, passed 2-19-2013)
§ 115.05  LICENSE FEE; EXEMPTION.
	The annual fee for license shall be established by ordinance of the city council from time to time. No license fee shall be required of any person, firm or corporation, pursuant to this section, who, by state law, is required to attain standards of competency or experience as a prerequisite to engaging in such craft or profession; provided that the person shall provide evidence to the city that the individual, firm or corporation has a license in good standing from the state, and further provides proof of insurance in effect through the term of license issued by the state.
(Ord. 08-069, passed 2-19-2013)
§ 115.06  SUSPENSION OR REVOCATION OF LICENSE.
	(A)	Grounds for suspension or revocation. If any licensee violates or is in default of complying with any condition, requirement, duty or rule of conduct imposed on him/her by any statue or ordinance, or if any one or more of the following conditions exist, the City Clerk may initiate proceedings before the city council to suspend or revoke the licensee’s license:
		(1)	If the applicant for a license or renewal thereof knowingly made any false statements in the application for a license;
		(2)	When the applicant has violated any state statute or city code provision which creates a threat to the public peace, health, safety and welfare;
		(3)	When there is disregard and violation of the building, housing, sanitary, health and fire laws of the state, county or city;
		(4)	For failure to notify the city of any change in control of ownership, management or business name or location within 30 days of such change;
		(5)	Conducting a building contracting business in any name other than the one for which the contractor is licensed; or
		(6)	Any conduct which is contrary to the public interest, including, but not limited to, fraud, misrepresentation or other dishonest or deceitful act.
	(B)	Procedures for suspension or revocation. Procedures for suspension or revocation shall be as follows.
		(1)	The licensee shall be provided with notice of the reasons for any proposed suspension or revocation. The notice shall provide the licensee with an opportunity to explain the rationale for the proposed suspension or revocation.
		(2)	The licensee shall be notified in advance of the date, time, place and purpose of the council meeting where the action on the license will be considered. The licensee shall have an opportunity to be heard at the meeting. After making appropriate findings, the council may continue the license in effect, impose conditions on the license or revoke the license.
(Ord. 08-069, passed 2-19-2013)
§ 115.07  EXEMPTIONS FROM PROVISIONS.
	No license will be required under this chapter in the following circumstances.
	(A)	For public service corporations performing work upon or in connection with their own property, except as may be provided by other provisions of this code.
	(B)	For manufacturers for work incorporated with equipment as a part of the manufacturing, except as provided in other provisions of this code.
(Ord. 08-069, passed 2-19-2013)
§ 115.08  EFFECT ON LIABILITY.
	This chapter shall not be construed to affect the responsibility or liability for any party owning, operating, or installing the work described in this chapter for damages to persons or property caused by any defect therein, nor shall the city be held as assuming any such liability by reason of the licensing of persons engaged in such work.
(Ord. 08-069, passed 2-19-2013)