HomeMy WebLinkAboutOrdinance 691
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Ordinance 691
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING THE MUNICIPAL CODE OF MOUNDS VIEW BY
AMENDING CHAPTER 502 ENTITLED "INTOXICATING LIQUOR" AND
CHAPTER 503 ENTITLED "3,2 PERCENT MALT LIQUOR" AS TO
CHARITABLE GAMBLING
The CITY OF MOUNNDS VIEW ORDAINS:
SECTION 1,
Section 502,13, Subdivision 2, Gambling Devices is amended to read as follows:
(a), No licensee shall keep, possess or operate or permit the
keeping, possession or operation of any slot machines, dice or any gambling
device or apparatus on the licensed premises or in any room adjoining the
licensed premises, Licensee shall not permit any gambling therein, except
when in conjunction with an event licensed under Minnesota Statutes 349
and sponsored by a fraternal, religious, veteran or other nonprofit
organization h3ving its registered office located in the City, which has been
in existence for at least three (3) years and has at least thirty (30) active
members, (1988 Code S100,08)
(b). No licensee shall conduct or permit to be conducted on any
licensed premises "casino" or "Las Vegas" events where guests are allowed
to participate in gambling activities, except when said guests are not
required to provide monetary consideration for the right to participate in the
event.
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Ordinance 691
January 28,2002
Page 2
SECTION 2,
SECTION 503.08, Subdivision 2. Gambling and Gambling Devices is amended
to read as follows:
(a), No licensee shall keep, possess or operate or permit the
keeping, possession or operation of any slot machines, dice or any gambling
device or apparatus on the licensed premises or in any room adjoining the
licensed premises, Licensee shall not permit any gambling therein, except
when in conjunction with an event licensed under Minnesota Statutes 349
and sponsored by a fraternal, religious, veteran or other nonprofit
organization having its registered office located in the City, which has been
in existence for at least three (3) years and has at least thirty (30) active
members. (1988 Code ~100.08)
(b). No licensee shall conduct or permit to be conducted on any
licensed premises "casino" or "Las Vegas" events where guests are allowed
to participate in gambling activities, except when said guests are not
required to provide monetary consideration for the right to participate in the
event.
orQanization conducting lawful QamblinQ within the City shall expend 75%
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Ordinance 691
January 28,2002
Page 3
SECTION 3,
This ordinance takes effect 30 days after its publication.
First read by the City Council of the City of Mounds View this 10th day of
December, 2001.
Read and passed by the City Council of the City of Mounds View this 28th
day of January, 2002. 1-..
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Richard Sonterre, Mayor
ATTEST:
~'~
t/U--.,- /
Kathlee F. Miller, City Administrator
SEAL
Motion: Thomas
Second: Marty
Sonterre: Aye
Stigney: No
Quick: Absent
Marty: Aye
Thomas: Aye
18-$uneFocus News-Thurs" February 7, 2002.
~ LEGALS I
City of Mounds View
Ordinance 691
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING THE MUNIC-
IPAL CODE OF MOUNDS VIEW BY
AMENDING CHAPTER 502 ENTITLED
"INTOXICATING LIQUOR" AND CHAPTER
503 ENTITLED '3,2 PERCENT MALT
LIQUOR" AS TO CHARITABLE GAM-
BLING
The CITY OF MOUNNDS VIEW ORDAINS:
SECTION 1.
Section 502,13, Subdivision 2. Gambling
Devices is amended to read as follows:
(a). No Iioensee shall keep, possess or oper-
ate or permit the keeping, possession or'
"operation of any slot machines, dice or any
,(Qambling device or apparatus on the
licensed premises or in any room adjOining
the licensed premises. Licensee shall not
~mit any gambling therein, except when in
cOnjunction with an event licensed under
Minnesota Statutes 349 and sponsored by a
fratemal, religious, veteran or other nonprofit
organization having its registered office locat-
edin the City, which has been in existence
for at least three (3) years and has at least
thirty (30) active members. (1988 Code
!j100.08)
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(b). No licensee shall conduct or
permit to be .conducted on any licensed
premises "casino" or "Las Vegas" events
where guests are allowed to participate in
gambling activities, except when said guests
are not required to provide monetary consid-
eration for the right to participate in the event.
(c).'By December 31st of each calendar
year, a licensed organization conducting law-
ful gambling within the City shall expend 75%
of its expenditures for lawful purposes con-
ducted or located within the City's trade area.
The City's "trade area" is defined as, and lim-
ited to, Mounds View, Spring Lake Park,
Blaine, Shoreview, Arden Hills, New Brighton
and Fridley.
(d). Each organization licensed to conduct
charitable gambling in the City shall report
monthly to the City its gross receipts,
expenses, and profits from those activities in
and the distribution of those profits, itemized
as ee, purpose, amount and date of
p rganizations licensed to conduct
mbling at more than one site
(lethe above-mentioned informa-
tion each site within the city. Trese
requirements may be satisfied by submission
of copies.of the monthly reports re""ifEld..by-...
the. Gambling Control Board.
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'S . 3.08, Subdivision 2. Gambling
a . ling Devices is amended to read
as follows:
(a). No licensee shall keep, possess or oper-
ate or permit the keeping, possession or
operation of any slot machines, dice or any
gambling device or apparatus on the
licensed premises or in any room adjoining
the licensed premises. Licensee shall not
permit any gambling therein, except when in
conjunction with an event licensed under
Minnesota Statutes 349 and sponsored by a
fratemal, religious, veteran or other nonprofit
organization having its registered office locat-
ed in the City, which has been in existence
for at least three (!J~"years and has at least
thirty (30) active members. (1988 Code
!j1oo,08)
(b). No licensee shall conduct or permit to be
co.nducted on any licensed premises "casino"
or "Las Vegas" events where guests are
allowed to participate in gambling activities,
except when said guests are not required to
provide monetary consideration for the right
to participate in the event.
(c), By December 31st of each calendar
year, a licensed organization conducting law-
ful gambling within the City shall expend 75%
of itS expenditures for lawful purposes con-
ducted or located within the City's trade area,
The City's "trade area" is defined as, and Iim-
ill;ld to, Mounds View, Spring Lake Park,
Blaine, Shoreview, Arden Hills, New Brighton
~nd Fridley. .
(d). Each organization licensed to conduct
. charitable gambling in the City shall report
monthly to the City its gross receipts,
expenses, and profits from those activities in
and the distribu!jon of those profits, itemized
as to payee, purpose, amount and date of
payment. Organizations licensed to conduct
charitable gambling at more than one site
must provide the above-mentioned informa-
tion for each site within the city. These
requirements may be satisfied by submission
of. copies of the monthly reports required by
the Gambling Control Board.
SECTION 3. This ordinance takes effect 30
days after its publication.
First read by the City Councn of the City of
Mounds View this 10th day of December,
2001. .
Read and passed by the City Counc.il of the
City of Mounds View this 28th day of
January, 2002,
Richard Sonterre, Mayor
ATTEST:
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Kathleen F. Miller, City Administrator
APPROVED AS TO FORM:
Scott Riggs, City Attomey
Motion: Thomas
Second: Marty
Sonterre: Aye
Stigney: No
Quick: Absent
Marty: Aye
Thomas: Aye
(February 7, 2002) Mounds View, New
Brighton, St. Anthony Focus News
City Of Mounds View
ORDINANCE NO. 683
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE APPROVING A REZON.
ING OF PROPERTY LOCATED AT THE
NORTHEAST CORNER OF LONG LAKE
ROAD AND COUNTY ROAD I FROM R-1,
SINGLE FAMILY RESIDENTIAL, TO R-2,
SINGLE AND TWO FAMILY RESIDENTIAL.
THE CITY OF MOUNDS VIEW ORDAINS:
SECTION 1, Appendix A of the Mounds View
Municipal Code entitled .Specific Rezonings"
is hereby amended to include reference to.
theiollowing Ordinance6B3.
Subdivision 1, Purpose.' The MoundS View
City Council has determined that to expand
the housing options and choices available in
the City that certain parcels should be
reclassified to allow for higher density living
as a means to promote and further the Iife-
cycle housing goals articulated in' the
Comprehensive Plan.
Subdivision 2, The Planning .Commission
held a public hearing related-.to' this request
on June 4, 2001 and .considered testimony of
residents, staff, and the applicant, regarding
the possible adverse effects of the proposal
and baSed its recommendation on the finding
of fact as articulated in Resolution 656-01.
Subdivision 3, Tile City Council held a pub-
lic hearing on July 9, 2001 and considered
testimony of reSidents, staff and the appli-
cant, considered the pOSSiblt:l adverse effects
of the proposal and the recommendation and
finding offaci provided bY the Planning
. Commission, In addition, the City Council
finds that: o.
The Property is zoned R-1,' Single-family res-
idAnli&l..):fll is bqrQeradby. an.R-2.1oUo..the ..
east and is across the strElet from other high-
er intensity land uses. .
All. lots fronting' Long Lake Road north of
County Road I are zoned single family reSi-
dential.' .
The subject properties were approved for a
major subdivision, in which the three existing
lots were subdivided into six lots, three of
which were requested to be zoned R-2.,
The Comprehensive Plan encourages the
expansion of the housing options available in
the City as a means to promote and further
life-cycle housing opportunities.
A rezoning of the lots fronting County Road I
would not be inconsIstent with the existing
land uses, however a rezoning of lots fronting
Long take Road to R-2 would be inconsis-
tent with existil1llland uses.
Subdivision 4. The City Council of the City of
Mounds View, based upon its own finding of
fact, testimony of residents, staff and the
applicant, and the recommendation of the
Planning Commis!lion, does hereby autho-
rize that the City's official Zoning Map and
the zoning classification for the following
,legally described property is hereby amend-
ed as follows:
Parcel Legal Description Existing Zoning
Designation New Zoning Deslgn~on Lot
4, Lot 5, and Lot 6 of.. GI/stafson's Fifth
Addition, Ramsey County
(As shown on attached Exhibit A) J:'I-1 R.2
SECTION 2. This ordinance is.effective thir'
ty days after its publication.
First read by the City Councilo.f the City of
Mounds View this 9th day of July, 2001.
Read and adopted by the City Council of the
City of Mounds View on this 28th day of
January, 2002.
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Richard Sonterre, Mayor
ATTEST:
Kathleen Miller, City Clerk-Administrator
(SEAL)
APPROVED AS TO FORM:
Scott Riggs, City Attomey
Motion:
Second:
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MarlY-
Sonterre:
Stigney:
Quick:
Marty:
Thomas:
AYE
AYE
Absent
AYE
AYE
(February 7, 2002) M6unds View, New
Brighton, St. Anthony Focus News
City of Mounds View
. " ORDINANCE NOc.688
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE RELATING TO CIGA-
RETTE AND TOBACCO PRODUCTS AND'
AMENDING TITLE 512 OF THE MOUNDS
VIEW MUNICIPAL CODE .I
THE CITY OF MOUNDS ViEW ORDAINS:
SECTION 1. Title 512'of the Mounds View
Municipal code shall be amended to read:
CHAPTER 512
CIGARETTE AND TOBACCO PRODUC-';S
SECTION:
512.01:
512,02:
512,03,
512.034:
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512,05,
512.06.
512,0&7:
512,0i8:
512.~:
512.10i:
Definitions
Ucense Required
Application
Ucense Restrictions
Prel=li~it8~ iales
License fee; Term; Transfer
Display of License
Penalties
Suspension Or Revocation
Hearing And NotiCe
Exception
512.01:
DEFINITIONS:
SlJbd. 1, TOBACCO-RELATED
PROUCT: Cigarettes, cigars,' cheroots, sto-
gies, perique, granulated, plug cut, crimp cut,
ready rubbed and other smoking tobacco,
snuff, snuff flower, cavendish, plug and twist
tobacco, fine cut and other chewing tobac-
cos, shorts, refuse scrips, clippings, cuttings
and sweepings of tobacco prepared in such
manne; as to be suitable for chewing, sniffing
or smoking in a pipe, rolling paper or other
tobacco related devices.
Subd. 2, VENDING MACHINES: Any
mechanical, electric or electronic device,
appliance or any other medium or object
designed or used . for vending purposes
which, insertion of money, tokens or
any of payment, dispensestobac-
cop
:
512.02: LICENSE REQUIRED: ~
B8R 8hall Elireetly er iREtire9tly hesp fer Felait
'''1llIffl>8_~ar~''Gw'___'..eI'lIlS
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QJ:I,lie8tieR antt 81=1811 BJlfiire 8A g99BFR~er 31
Elf saell yea~ (gAl ilia. 1 :11 9i)No person
shall directly or indirectly or by means of any
, device keep for retail sale. sell at retail, or
otherwise dispose of tobacco at any place in
the city unless a license therefor shall first
have been obtained as provided in this sec.
tion,
512.03. Aoolication.
Subd. 1. ~, Application for a license
required by the. provisions of this section
shall be made to the City Clerk-Administrator
on a form supplied by the City. Such appli-
catiol) shall state:
(a) the full name and
address of the applicant;
(b) the location of the building and
the part intended to be used by the applicant
under such license;
(c) the kind of business conducted at
such location; and
(d) such other infonnation as shall
be required by the application form.
Subd. 2. City Council Review. Upon the fil'
ingof an application with the Clerk-
Administrator, it shall be presented to the City
Council for its conSideration. If granted by
the Council, a license shall be issued by the
Clerk-Administrator upon payment of the
required fee,
512.034: I.I'-'iNlji RESTRICTIONS:
Subd. 1. General Restrictions. No license
shall be issued under this section except to a
person of good moral character. No license
shall be issued to an applicant for the sale of
tobacco at any place other than applicant's
established place of business. A separate
license shall be issued for the sale of tobac-
co at each fixed place of business, and no
license shall be issued for a movable place of
business. No person shall sell, offer for sale,
give away, furnish or deliver any
tobacco-related product to any person under
eighteen (18) years.of age. No person shall
keep for sale, sell, or dispose of any tobacco
containing opium, morphine, jimson weed,
bella donna, strychnia, cocaine, marijuana,
or any other deleterious or Poisonous drug
except nicotine and other substances found
naturally in tobacco or lawfully added as part
of the manufacturing process.
Subd. 2. Possession by Minors. No person
under the age of 18 years shall purchase,
possess, or consume tobacco.
Subd. 43. Vending machines used to
dispense tobacco products shall not be locat-
ed in. an area which permits unrestricted
access by a person under the age of eigh-
teen (18) years even though such area may
be under the supervision of the licensee or
the licensee's agent or employee, . This
restriction shall apply to vending machines
located in structures used for commercial,
industrial, high-tech, office or public purpos-
es.
Subd. ~. Only one license is required
for any or all vending machine(s) located on
the premises of the licensee.
Subd. ~. Every licensee is responsible
for the conduct of its employees while on the
licensed premises and any sale or other dis-
position of tobacco products by an employee
to a person under eighteen (18) years of age
shall be considered an act of the licensee,
(gAl Iili~, 1 :11 91i)
~ PROMIIiI'Rig ljAl..iil ~Js IlSr
88A 91=1811 6811, after fer sale, ii" '8 W-'QY, fyr
Rish SF deli- sr sAy tetias99. relatB~ P~gw9t te
aAY,~8F8eR YAger 8iBt:lte8R (18) ~sa~ af aBe
(gAl lilia, 1 :11 91i1 .
512,05, License fee' Term: Transfer. The
fee for every license required by the. provi-
sions of this section shall be set by resolution
of the City Council. The license is effective
from January 1 to December 31st of each
year, Payment of the license fee is due on or
before the close of business on January 1 st
of each year. Licenses issued under the pro-
visions of this. section shall not be transfer-
able from one person to another.
512.06, Display of License. Every license
issued under the provisions of this section
shall be kept conspicuously pOsted about the
place for which theli.cense is iSSUed and shall
be exhibited to any authorized person upon
request
512.De7: PENALTIES:
~, Section 340A.503, s~ivision G.
Subd. 4. MinQrs. Any person under the age
of 18 yearS who purchases, possesses, or
consumes tobacco shall be ,treated as fQI:.
lows: for a first offense the violator will bA
referred to Northwest Youth and Family
Servipes and be reauired to comolPJ~
NYFS's Tobacco Education Program and
Day the related fees or exoenses. A seconQ..
violation will result in an administrative oena!:
ty of $50.00 and will also result in a referro!
to NOrthwest Youth and Familv Services for
monitored community service Third or sub:
sequent violations will be referred to 1b!l
Ramsev County Attomev's Office Juvenil~
Court Division. for prosecution. Failure lQ
comDly with the reauirements set forth aboy~
for a first or second offenses will result'in al]
immediate referral to the Ramsey County.
Attorney'S Office for prosecution through .tlle
Juvenile Court Division.
5.12.0i8: SUSPENSION OR REVOCA-
TION: In addition to any other penalty
imposed under section 512.07, any license
issued under this section may be susoendeq
QLrevoked by the City Council for a violation
of any provision of this Chapter if the licensee
has been given a reasonable notice and an
opportunity to be heard..'I.AY. "islatisR sf aRY
pre' 'ieisA sf tRis Cl::laptsr RlfW 1;8 sawee fer
8W8~BR8i8R 9r re"e8&ti9R A second violation
within twelve (12) months shall result in a
suspension of ~ not less tt,lan ~
~ ~ three /3\ days: A third viola-
tion within a twenty four (24) month's time
frame shall result in a suspension of a.I9a&l
~RStlsSGtll8A~ ~ten
!1Ol days,. A fourth violation within a twenty
four (24) month time frame shall result in
revocation of license for Ills llalaRss sf tlls
yElQf~ ninety /90\ days and will require <l
mandatolY . hearing 'in front of the MOllnd~
View City Council. (grll. U3, 1 :l1llil
512.~:
HEARING AND NOTICE:
Subd. 1. ' ^RY pSF89A S811iAiI ar fWFRisl::l
iRg a tsllasss relatsllllrellY91 te aRY IlSr6SR SI:I8EI. 4-Revocation or suspension of a
lIAllsr sigl:ltSSR (1 Q) ysarG sf ags Gllall lis license shall be preceded by a hearing
Bwilty 8f Sf) aEtFAiRietratiuQ effeA88 aAEt 81::1811' before the Pelise Cl::lietcity Council. A'~ar~
Ilay SA alllRiAilltrat~'s IlsRal~; sf t"'SRty fi''9 ing notice shall be given at least Jen (to)
Ilsllare (t:lli 99) Licensees. If apersol) days prior to the hearing including notice of
licensed under this section or an employee of the time and place of the hearing and shall
a person licensed under this section violates state the nature of the charges agaillllt the
any provision of thiS ordinance, the licensee licensee. _Judicial appeal sh~1 be ~ provid-
. shall be charged. an administrative penalty of ed for by state law. ~ "- , "e. ,
:;;'"~:,a="':f":"=J. J....., ~ ~ ;
$5E;i[1?s\';st!IM7?~t~
istrat!vepenaltyof~~..lfaper- 'FEl"sIIiRg Ii lissRilS lIAliI tlls ~it>' Cllj,jAeil'
- son IIcensed1mderthls sectlDn'orartemploy= ...--___gllllRlITtHIllIEii9"'~IiIa;.nn 9IIl~
ee of- a perSbl't ficeMed \Jntter this sectiOn'" . . " , , . ,'" i
violates any provision of this ordinance three 512.10i: ON: A person under *i
times at the Same location. within 24 monthseightee . t age who pUrQhases or !;':
of the initial viol.a~on, ~he licensee shall beallerilpts ; tottacco-relat~ prod;A-
charged an administrative I?enalty of ~ ucts while. direct superVision ot a ,
imQQ.No penalty under this section responsible a for training, edl1Cl'ition,
~12.07, subd. (1). shall ~e effect until the research or enforcement purppsell shall not
licensee has received notice, served person- be subject to the ~Itiesimpesed by
ally or by mail, of the alleged violation, and Section 512.05. (gAl iia, 1 :11 91i1 -
has had an opportunity for a hearing before .
the City Council. A decision .by the city coun-
cil that a violation of this ordinance has SECTION 2.
occurred shall be in writing. Judicial appeal
shall be as provided for by state law.
Subd. 3. ~, It shall be an affirmative
defense to a charge of selling tobacco toa
person under the age of 18 years in violation
of this ordinance that the licensee or individ-
ual making the sale relied in good faith UpOj'l
proof o! age as described in Minnesota
Read by the City Council of the City of
Mounds View this 26th day of November,
2001,
Read and passed by the City Council of the
City of Mounds View this 28th day of
January, 2002.
Motion by: Thomas
Second by: Sonterre
Sonterre Aye
Quick
Stigney Aye
Marty Aye
Thomas Aye
(February 7, 2002) Mounds View,
Brighton, St. Anthony Focys News
Absent
New
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Sun Focus
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
ss.
COUNTY OF RAMSEY)
Gene Carr, being duly sworn on an oath states or affirms that he is the publisher
or authorized agent and employee of the publisher of the newspaper known as
Sun Focus, and has full knowledge of the facts which are stated beloW.
(A) The newspaper tfas complied with all of the requirements constituting qualifi-
cation as a qualified newspaper, as provided by Minnesota Statute 331A.02,
331A.07 and other applicable laws, as amended.
(B) The printed (Official Publication) Leaal Notice - City of Mounds View _
Ordinance 691
~
which is attached, was cut from the columns of said newspaper, and was
printed and published once each week, for -1- successive weeks; it was first
published on Thursday the ~ day of February, 2002, and was thereafter
printed and published on every Thursday to and including the _ day of
February, 2002; and printed below is a copy of the lower case alphabet from
A to Z, both inclusive, which is hereby acknowledged as being the size and kind
of type used in the composition and publication of the notice:
abcdefghijklmnopqrstuvwxyz
By:
~?;
Title: Publisher
Subscribed and sworn to or affirmed before me
on this --.JLday of February, 2002.
1 iJ ~.I..... .,
1. t '~~~~Itc~~r 'JJ
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, ? l~~:",~~\ :<~~: ::; I\JOTAHY PUgLlC~MINNESOTA ""''''",
~ \\22~::Y MY COMMiSSiON EXPIRES '-31-2005
.~''''~'1>.~'^i'''''''''''''''^^^i'J''o.lVv.~.
Notary Public
e
RATE INFORMATION
(1) Lowest classified rate paid by commercial users $ 2.55 per line
for comparable space
(2) Maximum rate allowed by law for the above matter $ 6.20 per line
(3) Rate actually charged for the above matter
$ .45ct per line