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<br />18-$uneFocus News-Thurs" February 7, 2002.
<br />
<br />~ LEGALS I
<br />
<br />City of Mounds View
<br />
<br />Ordinance 691
<br />CITY OF MOUNDS VIEW
<br />COUNTY OF RAMSEY
<br />STATE OF MINNESOTA
<br />AN ORDINANCE AMENDING THE MUNIC-
<br />IPAL CODE OF MOUNDS VIEW BY
<br />AMENDING CHAPTER 502 ENTITLED
<br />"INTOXICATING LIQUOR" AND CHAPTER
<br />503 ENTITLED '3,2 PERCENT MALT
<br />LIQUOR" AS TO CHARITABLE GAM-
<br />BLING
<br />The CITY OF MOUNNDS VIEW ORDAINS:
<br />SECTION 1.
<br />Section 502,13, Subdivision 2. Gambling
<br />Devices is amended to read as follows:
<br />(a). No Iioensee shall keep, possess or oper-
<br />ate or permit the keeping, possession or'
<br />"operation of any slot machines, dice or any
<br />,(Qambling device or apparatus on the
<br />licensed premises or in any room adjOining
<br />the licensed premises. Licensee shall not
<br />~mit any gambling therein, except when in
<br />cOnjunction with an event licensed under
<br />Minnesota Statutes 349 and sponsored by a
<br />fratemal, religious, veteran or other nonprofit
<br />organization having its registered office locat-
<br />edin the City, which has been in existence
<br />for at least three (3) years and has at least
<br />thirty (30) active members. (1988 Code
<br />!j100.08)
<br />
<br />..
<br />
<br />(b). No licensee shall conduct or
<br />permit to be .conducted on any licensed
<br />premises "casino" or "Las Vegas" events
<br />where guests are allowed to participate in
<br />gambling activities, except when said guests
<br />are not required to provide monetary consid-
<br />eration for the right to participate in the event.
<br />
<br />(c).'By December 31st of each calendar
<br />year, a licensed organization conducting law-
<br />ful gambling within the City shall expend 75%
<br />of its expenditures for lawful purposes con-
<br />ducted or located within the City's trade area.
<br />The City's "trade area" is defined as, and lim-
<br />ited to, Mounds View, Spring Lake Park,
<br />Blaine, Shoreview, Arden Hills, New Brighton
<br />and Fridley.
<br />
<br />(d). Each organization licensed to conduct
<br />charitable gambling in the City shall report
<br />monthly to the City its gross receipts,
<br />expenses, and profits from those activities in
<br />and the distribution of those profits, itemized
<br />as ee, purpose, amount and date of
<br />p rganizations licensed to conduct
<br />mbling at more than one site
<br />(lethe above-mentioned informa-
<br />tion each site within the city. Trese
<br />requirements may be satisfied by submission
<br />of copies.of the monthly reports re""ifEld..by-...
<br />the. Gambling Control Board.
<br />
<br />
<br />.
<br />'S . 3.08, Subdivision 2. Gambling
<br />a . ling Devices is amended to read
<br />as follows:
<br />
<br />(a). No licensee shall keep, possess or oper-
<br />ate or permit the keeping, possession or
<br />operation of any slot machines, dice or any
<br />gambling device or apparatus on the
<br />licensed premises or in any room adjoining
<br />the licensed premises. Licensee shall not
<br />permit any gambling therein, except when in
<br />conjunction with an event licensed under
<br />Minnesota Statutes 349 and sponsored by a
<br />fratemal, religious, veteran or other nonprofit
<br />organization having its registered office locat-
<br />ed in the City, which has been in existence
<br />for at least three (!J~"years and has at least
<br />thirty (30) active members. (1988 Code
<br />!j1oo,08)
<br />
<br />(b). No licensee shall conduct or permit to be
<br />co.nducted on any licensed premises "casino"
<br />or "Las Vegas" events where guests are
<br />allowed to participate in gambling activities,
<br />except when said guests are not required to
<br />provide monetary consideration for the right
<br />to participate in the event.
<br />
<br />(c), By December 31st of each calendar
<br />year, a licensed organization conducting law-
<br />ful gambling within the City shall expend 75%
<br />of itS expenditures for lawful purposes con-
<br />ducted or located within the City's trade area,
<br />The City's "trade area" is defined as, and Iim-
<br />ill;ld to, Mounds View, Spring Lake Park,
<br />Blaine, Shoreview, Arden Hills, New Brighton
<br />~nd Fridley. .
<br />
<br />(d). Each organization licensed to conduct
<br />. charitable gambling in the City shall report
<br />monthly to the City its gross receipts,
<br />expenses, and profits from those activities in
<br />and the distribu!jon of those profits, itemized
<br />as to payee, purpose, amount and date of
<br />payment. Organizations licensed to conduct
<br />charitable gambling at more than one site
<br />must provide the above-mentioned informa-
<br />tion for each site within the city. These
<br />requirements may be satisfied by submission
<br />of. copies of the monthly reports required by
<br />the Gambling Control Board.
<br />
<br />SECTION 3. This ordinance takes effect 30
<br />days after its publication.
<br />
<br />First read by the City Councn of the City of
<br />Mounds View this 10th day of December,
<br />2001. .
<br />
<br />Read and passed by the City Counc.il of the
<br />City of Mounds View this 28th day of
<br />January, 2002,
<br />
<br />Richard Sonterre, Mayor
<br />
<br />ATTEST:
<br />
<br />~ "'...
<br />
<br />4,
<br />...:-,...
<br />/
<br />
<br />
<br />-"'
<br />
<br />
<br />f .
<br />, .
<br />l .-r ~~
<br />I oj
<br />
<br />Kathleen F. Miller, City Administrator
<br />APPROVED AS TO FORM:
<br />
<br />Scott Riggs, City Attomey
<br />Motion: Thomas
<br />Second: Marty
<br />Sonterre: Aye
<br />Stigney: No
<br />Quick: Absent
<br />Marty: Aye
<br />Thomas: Aye
<br />(February 7, 2002) Mounds View, New
<br />Brighton, St. Anthony Focus News
<br />City Of Mounds View
<br />ORDINANCE NO. 683
<br />CITY OF MOUNDS VIEW
<br />COUNTY OF RAMSEY
<br />STATE OF MINNESOTA
<br />AN ORDINANCE APPROVING A REZON.
<br />ING OF PROPERTY LOCATED AT THE
<br />NORTHEAST CORNER OF LONG LAKE
<br />ROAD AND COUNTY ROAD I FROM R-1,
<br />SINGLE FAMILY RESIDENTIAL, TO R-2,
<br />SINGLE AND TWO FAMILY RESIDENTIAL.
<br />
<br />THE CITY OF MOUNDS VIEW ORDAINS:
<br />
<br />SECTION 1, Appendix A of the Mounds View
<br />Municipal Code entitled .Specific Rezonings"
<br />is hereby amended to include reference to.
<br />theiollowing Ordinance6B3.
<br />
<br />Subdivision 1, Purpose.' The MoundS View
<br />City Council has determined that to expand
<br />the housing options and choices available in
<br />the City that certain parcels should be
<br />reclassified to allow for higher density living
<br />as a means to promote and further the Iife-
<br />cycle housing goals articulated in' the
<br />Comprehensive Plan.
<br />
<br />Subdivision 2, The Planning .Commission
<br />held a public hearing related-.to' this request
<br />on June 4, 2001 and .considered testimony of
<br />residents, staff, and the applicant, regarding
<br />the possible adverse effects of the proposal
<br />and baSed its recommendation on the finding
<br />of fact as articulated in Resolution 656-01.
<br />
<br />Subdivision 3, Tile City Council held a pub-
<br />lic hearing on July 9, 2001 and considered
<br />testimony of reSidents, staff and the appli-
<br />cant, considered the pOSSiblt:l adverse effects
<br />of the proposal and the recommendation and
<br />finding offaci provided bY the Planning
<br />. Commission, In addition, the City Council
<br />finds that: o.
<br />
<br />The Property is zoned R-1,' Single-family res-
<br />idAnli&l..):fll is bqrQeradby. an.R-2.1oUo..the ..
<br />east and is across the strElet from other high-
<br />er intensity land uses. .
<br />All. lots fronting' Long Lake Road north of
<br />County Road I are zoned single family reSi-
<br />dential.' .
<br />The subject properties were approved for a
<br />major subdivision, in which the three existing
<br />lots were subdivided into six lots, three of
<br />which were requested to be zoned R-2.,
<br />The Comprehensive Plan encourages the
<br />expansion of the housing options available in
<br />the City as a means to promote and further
<br />life-cycle housing opportunities.
<br />A rezoning of the lots fronting County Road I
<br />would not be inconsIstent with the existing
<br />land uses, however a rezoning of lots fronting
<br />Long take Road to R-2 would be inconsis-
<br />tent with existil1llland uses.
<br />Subdivision 4. The City Council of the City of
<br />Mounds View, based upon its own finding of
<br />fact, testimony of residents, staff and the
<br />applicant, and the recommendation of the
<br />Planning Commis!lion, does hereby autho-
<br />rize that the City's official Zoning Map and
<br />the zoning classification for the following
<br />,legally described property is hereby amend-
<br />ed as follows:
<br />
<br />Parcel Legal Description Existing Zoning
<br />Designation New Zoning Deslgn~on Lot
<br />4, Lot 5, and Lot 6 of.. GI/stafson's Fifth
<br />Addition, Ramsey County
<br />(As shown on attached Exhibit A) J:'I-1 R.2
<br />
<br />SECTION 2. This ordinance is.effective thir'
<br />ty days after its publication.
<br />
<br />First read by the City Councilo.f the City of
<br />Mounds View this 9th day of July, 2001.
<br />
<br />Read and adopted by the City Council of the
<br />City of Mounds View on this 28th day of
<br />January, 2002.
<br />
<br />-~'"
<br />
<br />Richard Sonterre, Mayor
<br />ATTEST:
<br />
<br />Kathleen Miller, City Clerk-Administrator
<br />
<br />(SEAL)
<br />APPROVED AS TO FORM:
<br />
<br />Scott Riggs, City Attomey
<br />
<br />Motion:
<br />Second:
<br />
<br />~
<br />MarlY-
<br />
<br />Sonterre:
<br />Stigney:
<br />Quick:
<br />Marty:
<br />Thomas:
<br />
<br />AYE
<br />AYE
<br />Absent
<br />AYE
<br />AYE
<br />
<br />(February 7, 2002) M6unds View, New
<br />Brighton, St. Anthony Focus News
<br />
<br />City of Mounds View
<br />
<br />. " ORDINANCE NOc.688
<br />CITY OF MOUNDS VIEW
<br />COUNTY OF RAMSEY
<br />STATE OF MINNESOTA
<br />
<br />AN ORDINANCE RELATING TO CIGA-
<br />RETTE AND TOBACCO PRODUCTS AND'
<br />AMENDING TITLE 512 OF THE MOUNDS
<br />VIEW MUNICIPAL CODE .I
<br />
<br />THE CITY OF MOUNDS ViEW ORDAINS:
<br />
<br />SECTION 1. Title 512'of the Mounds View
<br />Municipal code shall be amended to read:
<br />
<br />CHAPTER 512
<br />CIGARETTE AND TOBACCO PRODUC-';S
<br />SECTION:
<br />
<br />512.01:
<br />512,02:
<br />512,03,
<br />512.034:
<br />~
<br />512,05,
<br />512.06.
<br />512,0&7:
<br />512,0i8:
<br />512.~:
<br />512.10i:
<br />
<br />Definitions
<br />Ucense Required
<br />Application
<br />Ucense Restrictions
<br />Prel=li~it8~ iales
<br />License fee; Term; Transfer
<br />Display of License
<br />Penalties
<br />Suspension Or Revocation
<br />Hearing And NotiCe
<br />Exception
<br />
<br />512.01:
<br />
<br />DEFINITIONS:
<br />
<br />SlJbd. 1, TOBACCO-RELATED
<br />PROUCT: Cigarettes, cigars,' cheroots, sto-
<br />gies, perique, granulated, plug cut, crimp cut,
<br />ready rubbed and other smoking tobacco,
<br />snuff, snuff flower, cavendish, plug and twist
<br />tobacco, fine cut and other chewing tobac-
<br />cos, shorts, refuse scrips, clippings, cuttings
<br />and sweepings of tobacco prepared in such
<br />manne; as to be suitable for chewing, sniffing
<br />or smoking in a pipe, rolling paper or other
<br />tobacco related devices.
<br />
<br />Subd. 2, VENDING MACHINES: Any
<br />mechanical, electric or electronic device,
<br />appliance or any other medium or object
<br />designed or used . for vending purposes
<br />which, insertion of money, tokens or
<br />any of payment, dispensestobac-
<br />cop
<br />
<br />
<br />:
<br />
<br />512.02: LICENSE REQUIRED: ~
<br />B8R 8hall Elireetly er iREtire9tly hesp fer Felait
<br />'''1llIffl>8_~ar~''Gw'___'..eI'lIlS
<br />
<br />
<br />~~i
<br />
<br />
<br />QJ:I,lie8tieR antt 81=1811 BJlfiire 8A g99BFR~er 31
<br />Elf saell yea~ (gAl ilia. 1 :11 9i)No person
<br />shall directly or indirectly or by means of any
<br />, device keep for retail sale. sell at retail, or
<br />otherwise dispose of tobacco at any place in
<br />the city unless a license therefor shall first
<br />have been obtained as provided in this sec.
<br />tion,
<br />
<br />512.03. Aoolication.
<br />
<br />Subd. 1. ~, Application for a license
<br />required by the. provisions of this section
<br />shall be made to the City Clerk-Administrator
<br />on a form supplied by the City. Such appli-
<br />catiol) shall state:
<br />
<br />(a) the full name and
<br />address of the applicant;
<br />
<br />(b) the location of the building and
<br />the part intended to be used by the applicant
<br />under such license;
<br />
<br />(c) the kind of business conducted at
<br />such location; and
<br />
<br />(d) such other infonnation as shall
<br />be required by the application form.
<br />
<br />Subd. 2. City Council Review. Upon the fil'
<br />ingof an application with the Clerk-
<br />Administrator, it shall be presented to the City
<br />Council for its conSideration. If granted by
<br />the Council, a license shall be issued by the
<br />Clerk-Administrator upon payment of the
<br />required fee,
<br />
<br />512.034: I.I'-'iNlji RESTRICTIONS:
<br />
<br />Subd. 1. General Restrictions. No license
<br />shall be issued under this section except to a
<br />person of good moral character. No license
<br />shall be issued to an applicant for the sale of
<br />tobacco at any place other than applicant's
<br />established place of business. A separate
<br />license shall be issued for the sale of tobac-
<br />co at each fixed place of business, and no
<br />license shall be issued for a movable place of
<br />business. No person shall sell, offer for sale,
<br />give away, furnish or deliver any
<br />tobacco-related product to any person under
<br />eighteen (18) years.of age. No person shall
<br />keep for sale, sell, or dispose of any tobacco
<br />containing opium, morphine, jimson weed,
<br />bella donna, strychnia, cocaine, marijuana,
<br />or any other deleterious or Poisonous drug
<br />except nicotine and other substances found
<br />naturally in tobacco or lawfully added as part
<br />of the manufacturing process.
<br />
<br />Subd. 2. Possession by Minors. No person
<br />under the age of 18 years shall purchase,
<br />possess, or consume tobacco.
<br />
<br />Subd. 43. Vending machines used to
<br />
<br />dispense tobacco products shall not be locat-
<br />ed in. an area which permits unrestricted
<br />access by a person under the age of eigh-
<br />teen (18) years even though such area may
<br />be under the supervision of the licensee or
<br />the licensee's agent or employee, . This
<br />restriction shall apply to vending machines
<br />located in structures used for commercial,
<br />industrial, high-tech, office or public purpos-
<br />es.
<br />
<br />Subd. ~. Only one license is required
<br />for any or all vending machine(s) located on
<br />the premises of the licensee.
<br />
<br />Subd. ~. Every licensee is responsible
<br />for the conduct of its employees while on the
<br />licensed premises and any sale or other dis-
<br />position of tobacco products by an employee
<br />to a person under eighteen (18) years of age
<br />shall be considered an act of the licensee,
<br />(gAl Iili~, 1 :11 91i)
<br />
<br />~ PROMIIiI'Rig ljAl..iil ~Js IlSr
<br />88A 91=1811 6811, after fer sale, ii" '8 W-'QY, fyr
<br />Rish SF deli- sr sAy tetias99. relatB~ P~gw9t te
<br />aAY,~8F8eR YAger 8iBt:lte8R (18) ~sa~ af aBe
<br />(gAl lilia, 1 :11 91i1 .
<br />
<br />512,05, License fee' Term: Transfer. The
<br />fee for every license required by the. provi-
<br />sions of this section shall be set by resolution
<br />of the City Council. The license is effective
<br />from January 1 to December 31st of each
<br />year, Payment of the license fee is due on or
<br />before the close of business on January 1 st
<br />of each year. Licenses issued under the pro-
<br />visions of this. section shall not be transfer-
<br />able from one person to another.
<br />
<br />512.06, Display of License. Every license
<br />issued under the provisions of this section
<br />shall be kept conspicuously pOsted about the
<br />place for which theli.cense is iSSUed and shall
<br />be exhibited to any authorized person upon
<br />request
<br />
<br />512.De7: PENALTIES:
<br />
<br />~, Section 340A.503, s~ivision G.
<br />
<br />Subd. 4. MinQrs. Any person under the age
<br />of 18 yearS who purchases, possesses, or
<br />consumes tobacco shall be ,treated as fQI:.
<br />lows: for a first offense the violator will bA
<br />referred to Northwest Youth and Family
<br />Servipes and be reauired to comolPJ~
<br />NYFS's Tobacco Education Program and
<br />Day the related fees or exoenses. A seconQ..
<br />violation will result in an administrative oena!:
<br />ty of $50.00 and will also result in a referro!
<br />to NOrthwest Youth and Familv Services for
<br />monitored community service Third or sub:
<br />sequent violations will be referred to 1b!l
<br />Ramsev County Attomev's Office Juvenil~
<br />Court Division. for prosecution. Failure lQ
<br />comDly with the reauirements set forth aboy~
<br />for a first or second offenses will result'in al]
<br />immediate referral to the Ramsey County.
<br />Attorney'S Office for prosecution through .tlle
<br />Juvenile Court Division.
<br />
<br />5.12.0i8: SUSPENSION OR REVOCA-
<br />TION: In addition to any other penalty
<br />imposed under section 512.07, any license
<br />issued under this section may be susoendeq
<br />QLrevoked by the City Council for a violation
<br />of any provision of this Chapter if the licensee
<br />has been given a reasonable notice and an
<br />opportunity to be heard..'I.AY. "islatisR sf aRY
<br />pre' 'ieisA sf tRis Cl::laptsr RlfW 1;8 sawee fer
<br />8W8~BR8i8R 9r re"e8&ti9R A second violation
<br />within twelve (12) months shall result in a
<br />suspension of ~ not less tt,lan ~
<br />~ ~ three /3\ days: A third viola-
<br />tion within a twenty four (24) month's time
<br />frame shall result in a suspension of a.I9a&l
<br />~RStlsSGtll8A~ ~ten
<br />!1Ol days,. A fourth violation within a twenty
<br />four (24) month time frame shall result in
<br />revocation of license for Ills llalaRss sf tlls
<br />yElQf~ ninety /90\ days and will require <l
<br />mandatolY . hearing 'in front of the MOllnd~
<br />View City Council. (grll. U3, 1 :l1llil
<br />
<br />512.~:
<br />
<br />HEARING AND NOTICE:
<br />
<br />Subd. 1. ' ^RY pSF89A S811iAiI ar fWFRisl::l
<br />iRg a tsllasss relatsllllrellY91 te aRY IlSr6SR SI:I8EI. 4-Revocation or suspension of a
<br />lIAllsr sigl:ltSSR (1 Q) ysarG sf ags Gllall lis license shall be preceded by a hearing
<br />Bwilty 8f Sf) aEtFAiRietratiuQ effeA88 aAEt 81::1811' before the Pelise Cl::lietcity Council. A'~ar~
<br />Ilay SA alllRiAilltrat~'s IlsRal~; sf t"'SRty fi''9 ing notice shall be given at least Jen (to)
<br />Ilsllare (t:lli 99) Licensees. If apersol) days prior to the hearing including notice of
<br />licensed under this section or an employee of the time and place of the hearing and shall
<br />a person licensed under this section violates state the nature of the charges agaillllt the
<br />any provision of thiS ordinance, the licensee licensee. _Judicial appeal sh~1 be ~ provid-
<br />. shall be charged. an administrative penalty of ed for by state law. ~ "- , "e. ,
<br />
<br />:;;'"~:,a="':f":"=J. J....., ~ ~ ;
<br />$5E;i[1?s\';st!IM7?~t~
<br />istrat!vepenaltyof~~..lfaper- 'FEl"sIIiRg Ii lissRilS lIAliI tlls ~it>' Cllj,jAeil'
<br />- son IIcensed1mderthls sectlDn'orartemploy= ...--___gllllRlITtHIllIEii9"'~IiIa;.nn 9IIl~
<br />ee of- a perSbl't ficeMed \Jntter this sectiOn'" . . " , , . ,'" i
<br />violates any provision of this ordinance three 512.10i: ON: A person under *i
<br />times at the Same location. within 24 monthseightee . t age who pUrQhases or !;':
<br />of the initial viol.a~on, ~he licensee shall beallerilpts ; tottacco-relat~ prod;A-
<br />charged an administrative I?enalty of ~ ucts while. direct superVision ot a ,
<br />imQQ.No penalty under this section responsible a for training, edl1Cl'ition,
<br />~12.07, subd. (1). shall ~e effect until the research or enforcement purppsell shall not
<br />licensee has received notice, served person- be subject to the ~Itiesimpesed by
<br />ally or by mail, of the alleged violation, and Section 512.05. (gAl iia, 1 :11 91i1 -
<br />has had an opportunity for a hearing before .
<br />the City Council. A decision .by the city coun-
<br />cil that a violation of this ordinance has SECTION 2.
<br />occurred shall be in writing. Judicial appeal
<br />shall be as provided for by state law.
<br />
<br />Subd. 3. ~, It shall be an affirmative
<br />defense to a charge of selling tobacco toa
<br />person under the age of 18 years in violation
<br />of this ordinance that the licensee or individ-
<br />ual making the sale relied in good faith UpOj'l
<br />proof o! age as described in Minnesota
<br />
<br />Read by the City Council of the City of
<br />Mounds View this 26th day of November,
<br />2001,
<br />
<br />Read and passed by the City Council of the
<br />City of Mounds View this 28th day of
<br />January, 2002.
<br />
<br />Motion by: Thomas
<br />Second by: Sonterre
<br />Sonterre Aye
<br />Quick
<br />Stigney Aye
<br />Marty Aye
<br />Thomas Aye
<br />
<br />(February 7, 2002) Mounds View,
<br />Brighton, St. Anthony Focys News
<br />
<br />Absent
<br />
<br />New
<br />
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