HomeMy WebLinkAboutAgenda Packets - 2010/09/07
CITY OF MOUNDS VIEW
CITY COUNCIL WORK SESSION AGENDA
MOUNDS VIEW CITY HALL
Tuesday, September 7, 2010
7:00 p.m.
ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn
PUBLIC COMMENT
Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full
name and address for the minutes. Also, please limit your comments to three minutes.
Agenda Items Discussed by Consensus
1. 2011 General Fund Budget
2. Presentation by Coventry Senior Living (verbal report)
3. Review Possible Temporary Sign Code Revisions
4. Review Recreational Fire Regulations
5. Continued Discussion about Housing Program Concepts
6. Review Proposed Revisions to Chapter 515 about Tattoo Licensing
7. Review Proposed Amendment to Liquor Code, Chapters 502 & 503
8. Requiring Licensed Contractors for Work and Repairs on Rental Dwellings
Next Work Session: Monday, October 4, 2010, at 7 p.m.
Next City Council Meeting: Monday, September 13, 2010, 7 p.m.
CITY OF MOUNDS VIEW
CITY COUNCIL WORK SESSION AGENDA
MOUNDS VIEW CITY HALL
Tuesday, September 7, 2010
7:00 p.m.
ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn
PUBLIC COMMENT
Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full
name and address for the minutes. Also, please limit your comments to three minutes.
Agenda Items Discussed by Consensus
1. 2011 General Fund Budget
2. Presentation by Coventry Senior Living (verbal report)
3. Review Possible Temporary Sign Code Revisions
4. Review Recreational Fire Regulations
5. Continued Discussion about Housing Program Concepts
6. Review Proposed Revisions to Chapter 515 about Tattoo Licensing
7. Review Proposed Amendment to Liquor Code, Chapters 502 & 503
8. Requiring Licensed Contractors for Work and Repairs on Rental Dwellings
Next Work Session: Monday, October 4, 2010, at 7 p.m.
Next City Council Meeting: Monday, September 13, 2010, 7 p.m.
Item No: 3
Meeting Date: September 7, 2010
Type of Business: WS
Administrator Review: ________
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Heidi Heller, Planning Associate
Item Title/Subject: Discussion about Temporary Signs
Introduction:
At the August 2, 2010 City Council work session, staff discussed temporary signage, current
city codes regarding signage and the possibility of amending the city code to allow businesses
more flexibility with using temporary signs. The City Council directed staff to bring some
possible sign code amendments to the September 7, 2010 work session for further discussion.
Discussion:
The City Code regulates the use of most signs – including temporary signage. Temporary
signs include banners, beacons, changeable copy/portable signs, inflatable signs, flag or
pennant stringers and window signs that are affixed to the outside of the window. Many
businesses in Mounds View regularly use various styles of temporary signs – the most
commonly used are banners and portable signs that sit near the roadway.
After the discussion at the last work session, the City Council seemed to want to amend the
City Code to allow more flexibility with temporary signs, particularly with banners. Staff also
wants to make changes to address signs that are difficult to monitor or not being enforced.
Staff has put together a list of suggested changes to the sign regulations:
Staff suggested additions to the code:
Non-commercial opinion signs – specify this type of sign, allow 1 per property (any zoning
district), maximum size of 9 square feet
Allow temporary signs for city use without a permit (for example - Town Hall meeting and
Festival in the Park)
Double the temporary sign permit fee if the sign is installed without a permit
Increase the temporary sign permit fee to $40 in 2011 and $50 in 2012
Changes to the code:
1. Permit periods:
Current – allow three 21-day permit periods per year
Change to – allow four 21-day permit periods per year
2. Window signs:
Current – window signs: no permit required if sign is attached to the interior of the
window, but a temporary sign permit is required if sign is attached to the exterior of the
window, and no more than 25% of the window shall be covered.
Change to – no permit required for any temporary window signs, no more than 50% of
the window shall be covered.
Temporary Signage Staff Report
September 7, 2010
Page 2
3. Beacons:
Current – allowed with a temporary sign permit, written permission from the
Metropolitan Airports Commission or other appropriate agency, and City Council authorization
Change to – beacons not allowed
4. Flag or Pennant Stringers:
Current – allowed with a temporary sign permit
Change to – allowed without a permit
5. Sandwich boards (possibly also include small ground signs):
Current – allowed with a temporary sign permit
Change to – allowed without a permit only if located within 15 feet of the business
(building) and removed at the end of each business day
6. Banners and wall signs:
Current – allowed with a temporary sign permit
Change to – add an optional “$100 annual banner/wall sign temporary sign permit” that
would allow up to 2 wall signs at a time (per property), can use the same sign for up to 60
days, and signs shall not exceed 120 square feet or 20% of surface area of the building
face/front where the sign is attached, whichever is less.
Staff researched temporary sign codes in other cities. The following is the current Mounds
View temporary sign code and other cities’ requirements:
Mounds View (Ch 1008.10 subd.4):
All temporary signs require a permit prior to the installation of the sign
Temporary signs include banners, inflatable signs or devices, sandwich boards, ground
signs, portable changeable copy signs or any other device intended to attract attention.
Fee is $30 per 21-day period
Three 21-day periods are allowed per calendar year. Permit periods may run consecutively
if approved by city staff.
Only 1 temporary sign is allowed on a property at a time, including multi-tenant properties,
except in the event of a grand opening or other special event.
Temporary Signage Staff Report
September 7, 2010
Page 3
Arden Hills:
All temporary signs require a permit.
Permit fee is $50
May have a temporary sign displayed 3 times per calendar year with a maximum of 10 days
for each occasion. The 3 occasions may be used consecutively with one permit.
Only 2 temporary signs are allowed on a property at a time,
Temporary signs include portable signs (only sandwich, A-frame, T-frame or similar portable
signs that do not exceed 6 square feet are allowed), streamers, pennants, banners,
balloons, inflatables or other similar object with a commercial message.
New businesses are eligible for 1 additional temp sign permit and the sign may be in place
for up to 30 days. The eligibility expires 6 months after the business opens.
Has designated “sign districts” with specific sign standards in each district
Blaine:
All temporary signs require a permit prior to the installation of the sign
Permit fee is $50
May have temporary signs 4 periods per year with a maximum of 14 days per period. New
businesses may have 1 additional period
If the sign is put up without a permit, the fee is doubled
Fridley:
All temporary signs require a permit prior to the installation of the sign
Permit fee is $75 for signs under 40 square feet, and $100 for signs over 40 square feet.
Prior to issuing a permit, the applicant must provide a $200 deposit (cash or check) to the
City (check will be deposited). The deposit will be returned only if the temporary sign is
removed by noon of the next business day after the temporary sign permit expires. 2-3
week wait for applicant to receive the refund.
Only 1 temporary sign is allowed on a property at a time
The time limit for a temporary sign permit is 14 days. Each property is allowed a certain
number of time periods, which then must be shared among the various tenants. The
number of time periods allowed depends on how many businesses are in the building:
Lino Lakes:
Banners and portable signs (not including sandwich boards) require a permit prior to the
installation of the sign
Permit fee is $25 per period
1 permit is allowed per quarter of any calendar year
Permit period is good for 17 days, period always starts on a Friday
If the sign is put up without a permit, the fee is doubled
Sandwich boards require 1 temp sign permit, and the permit is good as long as the same
business is in operation at the location. Sandwich boards may only be placed within 15 feet
of the business entrance.
Pennants, balloons or inflatable signs are not allowed
Temporary Signage Staff Report
September 7, 2010
Page 4
Maplewood:
No permit is required for:
o banners used no more than 30 days – no more than 150 square feet or 20% of wall
area, whichever is less, 1 banner allowed per business
o Window signs – may cover up to 75% of window area
o 1 sign or display up to 12 square feet per business for up to 30 days. Multi-tenant
buildings can have up to 3 signs on the property at a time
o Flags or streamers
Permit fee is $45
Permit required for banners used for more than 30 days – during the first year of business,
banner may be used for up to 60 days, temporary seasonal sales maybe use banner for up
to 90 days. Banner may be up to 8 feet tall and 32-64 square feet (size allowed depends on
zoning of property)
Permit required for portable signs or balloon displays
New Brighton:
Permits required for all temporary signs prior to the installation of the sign
Permit fee is $85
Portable signs are not allowed
2 permits allowed per business/lot per calendar year - must be at least 90 days between
permit effective dates
Permit period is for 30 days
Roseville:
Permit required for all temporary signs prior to the installation of the sign
Permit fee is $25
Banners, A-frames, inflatables larger than 2 feet across, and portable/mobile signs are not
allowed
Temporary signs may not be used more than 20 days per calendar year - the 20 days may
be broken into multiple days/events
Shoreview:
Permit required for all temporary signs prior to the installation of the sign
Permit fee is $3.00/square foot with a minimum fee of $50
Pennants, balloons/inflatables and portable signs are not allowed
Permit period is for 2 weeks
2 permits allowed annually
Must be at least 30 days between display periods
Spring Lake Park:
Permit required for all temporary signs prior to the installation of the sign
Permit fee is $35
Permit period is 2 weeks
3 permits allowed annually (maximum of 6 weeks)
Temporary Signage Staff Report
September 7, 2010
Page 5
White Bear Lake:
Permit required for all temporary signs (except sandwich boards) prior to the installation of
the sign
Permit fee is $30
No permit fee for temporary special event signs
Portable signs are not allowed
No permit required for sandwich board signs
o Allowed in certain central business districts only
o Only 1 sandwich board sign is permitted per business
Banner rules:
o Up to 4 banners are allowed per property per calendar year
o Time period is not to exceed 60 consecutive days for any one banner
o The total number of banner display days shall not exceed more than 120 days per
calendar year
o Not more than 1 banner at a time for single tenant buildings
o For shopping centers:
each tenant is permitted up to 3 banners per calendar year, not to exceed 60
consecutive days per banner or 90 banner display days total per calendar year.
No more than 2 banners shall be displayed in a shopping center at a time
Temporary display rules:
o Examples are 3-dimensional shapes, balloons or other inflatable shapes
o Shall be permitted for a period not to exceed 14 days per display
o Each property is allowed up to 3 displays per year
o Require a sign permit
Anyone who installs on his property any sign governed by the sign ordinance prior to a
permit being issued shall pay an additional $200 application fee
Recommendation:
After discussing, please provide direction to City Staff about what, if any, changes the City
Council wants to make to the sign code about temporary signs. Staff will then prepare an
ordinance amendment for consideration by the Planning Commission and City Council.
Respectfully submitted,
Heidi Heller
Planning Associate
Item No: 4
Meeting Date: Sept 7, 2010
Type of Business: Work Session
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: James Ericson, City Administrator
Item Title/Subject: Review recreational Fire Regulations
Introduction:
At the last work session on August 2, the Council held a spirited discussion regarding
recreational fires and the impacts of such fires on neighboring property owners. The
Spring Lake Park – Blaine – Mounds View Fire Department regulations were reviewed as
were policies and regulations from many other cities. The primary issue with the present
recreational fire regulations relates to enforcement. The secondary issue is the impact of
one neighbor’s recreational fire upon another neighbor.
Discussion:
For the most part, the Council and those residents who expressed concern about such fires
acknowledge that greater enforcement is needed to dissuade residents from violating the
regulations. Deputy Chief Kinney along with Fire Chief Zikmund also acknowledge issues
at the dispatch level, but for the most part the police department typically responds to such
complaints, although the response time will vary depending upon other calls or activity.
Rarely do residents or responsible parties receive a citation for violating the recreation fire
guidelines, primarily because such guidelines are not articulated in City Code. When a
citation is issued, often this is generated through the Code Enforcement officer after
receiving an incident report from the police department. More likely, the responding police
officer or fire department duty chief will order the fire be extinguished.
While the Council feels that for the most part the fire regs as approved by the fire chief are
adequate regarding recreational fires, some tweaking could be in order. One potential
revision discussed included the frequency, hours or duration a fire could be maintained.
The difficulty with such provisions would be documentation and enforcement. Who on city
staff would be tracking how many fires a resident has per week, and for how long? Such
requirements would be impractical. Other potential tweaks would include articulating a
specific wind threshold rather than prohibiting fires on windy days (what constitutes
windy?), instituting a minimum set back from a property line and limiting the height of a fire.
(Fire Chief Zikmund is supportive of including a specific wind threshold and height
limitation.)
As to the enforcement aspect, I spoke with prosecuting attorney Tom Hughes, who
recommends that the recreation fire regulations be incorporated into City Code so that the
police department could issue misdemeanor citations for violations. A municipal
administrative offense citation could also be issued, with escalating fines for repeat
offenses, similar to repeat nuisance code violations. (First violation, $150 fine; second
violation, $300 fine; and a third violation within a 12 month period, $450 fine.)
Recreational Fire Report
September 7, 2010
Page 2
Recommendation:
Review the attached revisions to the Spring Lake Park – Blaine – Mounds View Fire
Department regulations on recreational fires. If the Council feels the proposed changes
would help with enforcement and provide more of a buffer for adjoining neighbors, staff will
prepare an ordinance along the same lines. Also provided for review is a hand out from
the State Fire Marshal Division of the Department of Public Safety which summarizes the
governing regulations.
Respectfully submitted,
________________________
James Ericson
Clerk - Administrator
RECREATIONAL FIRE REQUIREMENTS
GOVERNING REGULATIONS:
International Fire Code (IFC) Chapter 307
Open burning of lumber, pallets, wooden shingles, scrap wood, brush, tree trimmings, leaves, yard
waste, cardboard, paper, garbage, and other similar items, is not permitted.
1. Recreational fires are permitted under the following conditions:
1.1 Only natural, clean, dry firewood, cut in short lengths less than two (2) feet, may be burned.
1.2 The fire must be contained in a manufactured freestanding fire pit or ring or pit not exceeding
three (3) feet in diameter. The fire shall be limited in fuel such that at no time does the flame
height exceed two (2) feet.
1.3 All fire rings or pits must be located a minimum of twenty-five (25) feet away from any
structures or combustibles, such as houses, garages, sheds, wood piles and wooden fences.
Manufactured freestanding fire pits must be located a minimum of ten (10) fifteen (15) feet away
from any structures or combustibles, such as houses, garages, sheds, wood piles and wooden fences.
In addition, fire pits, rings or manufactured freestanding devices shall be set back at least
fifteen (15) feet from any property line.
1.4 The fire must be constantly attended and supervised by an adult until the fire has been
completely extinguished.
1.5 A connected garden hose or other means to extinguish the fire must be readily available.
1.6 The use of flammable or combustible liquid accelerants is not permitted.
2. Recreational fires are NOT permitted under the following conditions:
2.1 1.7 Recreational fires are not permitted on windy days (as defined by wind speeds greater than
10 miles per hour) when the smoke may create a nuisance for nearby neighbors.
2.2 1.8 Recreational fires are not permitted on commercial or industrial sites, or sites with
construction activities.
1.9 Police and Fire Department officers are authorized to require that a recreational fire be
immediately extinguished and discontinued if it is determined that the fire is not in compliance with
the above rules, the smoke is offensive to nearby neighbors, or the burning is determined to
constitute a hazardous condition.
2.3 The open burning of lumber, pallets, wooden shingles, scrap wood, brush, tree trimmings,
leaves, yard waste, cardboard, paper, garbage, plastic, rubber, or any other material not
constituting natural dry firewood and other similar items, is not permitted.
Draft MV Recreational Fire Requirements
September 7, 2010
Page 2
2.4 Recreational fires are not permitted when the designated fire official or the DNR has
officially declared a burning ban due to potential hazardous fire conditions or when the
MPCA has declared an air quality alert.
3. Enforcement
3.1 When the smoke from a recreational fire is offensive to nearby neighbors, or the
burning is determined to constitute a hazardous condition, Police and Fire Department officers
are authorized to require that the fire be immediately extinguished and discontinued.
3.2 If it is determined that the fire is not in compliance with the above rules, the property
owner and/or the responsible party may be charged with a misdemeanor, requiring a court
appearance and punishable by fines up to $1,000 and/or 90 days in jail.
Violations of these fire rules are misdemeanor offenses requiring a court appearance and punishable
by fines up to $750 and/or 90 days in jail.
Item No: 5
Meeting Date: September 7, 2010
Type of Business: WS
Administrator Review: ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Heidi Steinmetz, Economic Development Specialist
Item Title/Subject: Continued Discussion about Housing Program Concepts
Background
Since 1996, the EDA has allocated $150,000 per year towards its Housing
Replacement Program. These funds do not accumulate annually and the EDA cannot
transfer these funds into the City’s General Fund because all of the EDA’s funds are
Tax Increment Financing dollars.
At the July 6th Work Session, the City Council discussed possibly amending the EDA’s
Housing Replacement Program. This change would be to better reflect the EDA’s
decision in 2007 to focus the program towards only demolishing blighted homes rather
than both acquiring and demolishing the homes. The Council appeared interested in
the idea of eliminating the acquisition option and asked City staff to present housing
rehabilitation program concepts at a future EDA meeting. The EDA reviewed five
housing assistance concepts for Mounds View on August 9th and asked City staff to
provide additional information on the three concepts for the City Council to discuss
again at the September 7th Work Session.
The EDC reviewed the three concepts at their August 20th meeting and suggested that
the EDA/Council consider all three concepts, plus a demolition assistance concept.
Discussion
Below are brief summaries of the three concepts that the EDA chose on August 9th:
Concept 1 - Mounds View Residential Rehabilitation/Code Enforcement Deferred Loan
There would be two options to this loan (the rehabilitation option or the code
enforcement option). The rehabilitation option repeats an existing program offered
through the Housing Resource Center (the Ramsey County Residential Rehab Deferred
Loan). However, due to the lack of funding and the limitation of a long waiting list, City
staff suggests that the EDA offer the same program and combine it with a code
enforcement option, so that Mounds View’s program would be called the “Mounds View
Residential Rehabilitation/Code Enforcement Deferred Loan”. Applicants would have to
be low-income single-family Mounds View homeowners.
Concept 2 - Mounds View Emergency Deferred Loan
This program would address immediate (emergency) conditions in the home. There
would be no interest or payments on this loan but it would be repaid in full at time of
9-7-2010 Council Work Session
Item 5 – Housing Program Concepts
Page 2 of 3
transfer or sale of the property. Immediate conditions are generally defined as property
damage beyond the homeowner's control or that are necessitated by a system or
structural failure that has caused or could cause the home to be uninhabitable. Eligible
repairs to the home’s exterior would be painting, roof repairs (leaks), tree removal
(fallen tree from a storm), plumbing repairs (water heaters, sewer backups), heating and
cooling system repairs or replacement (only during unforeseen breakdowns). Eligible
applicants would be very low-income (at or below 50% of median) single-family
homeowners.
Concept 3 - Mounds View Foreclosure Recovery Program
This program could be modeled after the City of Brooklyn Park’s Foreclosure Recovery
Rehabilitation Program. The City would “vett” developers to purchase foreclosures and
rehab them. Then the City would offer down payment assistance to homebuyers that
purchase the rehabilitated foreclosures.
Recommendation
City staff recommends that the EDA/City Council use the EDA’s existing Housing
Replacement Program dollars ($150,000) towards funding a “Mounds View Residential
Rehabilitation Loan Program” and a “Mounds View Home Demolition Loan Program” in
2011. Staff suggests that the EDA use $130,000 of these funds towards the Residential
Rehab Loan Program and $20,000 of these funds towards the Demolition Loan
Program. Both programs would be one-year “demonstration” or “pilot” programs as
described below:
Mounds View Residential Rehab Loan Program
This would be a combination of Concepts 1 & 2 (summarized earlier in this staff report)
and the program would consist of the following three loan options:
1) General Residential Rehab Loan
2) Code Enforcement Loan
3) Emergency Loan
There would be a total of $130,000 available in 2011 for this program.
Mounds View Home Demolition Loan Program
This program would allow Mounds View homeowners to apply for a loan to demolish a
blighted home and the loan would be repaid at the time the property is sold. The
Greater Minnesota Housing Corporation staff suggests that Mounds View set aside
enough funds for two demos (about $20,000) in 2011.
As mentioned above, both programs would be “demonstration” programs to be
reevaluated after one year because then the EDA/City Council will have a better idea of
Mounds View’s true housing assistance needs based on the usage of each program. If
Mounds View homeowners demonstrate a true need for these programs in 2011, then
the EDA/City Council may want to consider allocating more funding for these programs
in 2012.
9-7-2010 Council Work Session
Item 5 – Housing Program Concepts
Page 3 of 3
To provide the City Council will a better sense of the potential need to offer Mounds
View residents a code enforcement loan, below are housing specific code enforcement
orders for 2009 and through August of 2010:
2009 Mounds View Code Enforcement Orders – Housing Specific
12 - General Deterioration
8 - Paint Deterioration
3 - Damaged/Deteriorated Fences
January – August 2010 Mounds View Code Enforcement Orders – Housing Specific
6 - General Deterioration
4 - Paint Deterioration
1 - Damaged/Deteriorated Fences
The Housing Resource Center would help City staff refine criteria if the EDA/City
Council wants to offer these programs in 2011. The Housing Resource Center would
also administer the program for a fee per loan closed.
Respectfully submitted,
____________________________
Heidi Steinmetz, Economic Development Specialist
Attachments
Staff has attached the following detailed information on existing programs from other
governmental agencies. Each attachment relates to each of the three concepts that the
EDA chose at their August 9th EDA meeting.
Concept 1 − Mounds View Residential Rehabilitation/Code Enforcement Deferred Loan
• Ramsey County Residential Rehabilitation Deferred Loan Program General Info
• Ramsey County Residential Rehabilitation Deferred Loan Program Guidelines/ & Application
• Minneapolis City Code Abatement Loan
Concept 2 − Mounds View “Immediate Need” Deferred Loan
• Minnesota Housing Finance Agency Emergency & Accessibility Loan Program
Concept 3 − Mounds View Foreclosure Recovery Program
• Brooklyn Park Foreclosure Recovery Rehabilitation Program
• Foreclosure Recovery in Brooklyn Park Power Point Slides
Item No: 6
Meeting Date: Sept 7, 2010
Type of Business: Work Session
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: James Ericson, City Administrator
Item Title/Subject: Review Proposed Revisions to Chapter 515 Regarding
Tattoo Licensing
Introduction:
During the last legislative session, a new law was adopted to regulate body piercing and
other body modification services (comprehensively referred to as “body art”
establishments) in Minnesota. Mounds View has had provisions regulating these
businesses since 2000, when the City Council adopted Ordinance 663. No such business
ever located in the community, although there have been a few inquiries over the years.
With the new state regulations, the League of MN Cities recommends cities examine their
city codes and make any necessary amendments or revisions to maintain or achieve
consistency. (The City’s code may be more restrictive but cannot be less restrictive than
MN Statutes.) Staff asked the City Attorney’s office to review our City Code relating to
Tattoo and Body Piercing Establishments (Chapter 515) and to propose amendments to be
compliant with the new legislation, which will be effective January 1, 2011.
Discussion:
The City Council adopted its licensing requirements for such businesses in 2000 in
response to an inquiry to locate such a business in the City. While the business chose to
locate elsewhere, the Council felt that having a strong framework of licensing requirements
would be beneficial, since at that time, the state had no oversight in such businesses. The
intent of the ordinance was as follows:
The purpose of this Section is to regulate the business of tattooing, body piercing, body branding,
body scarring or body painting in order to protect the health and welfare of the general public.
The City Council finds that the experience of other cities indicates that there is a connection
between tattooing and hepatitis and other health problems. The City Council finds that stringent
regulations governing tattooing can minimize the hepatitis and disease risk and therefore protect
the general health and welfare of the community.
The original ordinance outlined the license requirements, locational requirements,
operational requirements, health and sanitation requirements, license fees, investigation
fees, temporary licenses, suspension and revocation standards and exemptions. While the
ordinance was quite comprehensive, the adopted legislation addresses all of these issues
and more, incorporating newer trends in body art and body modification. The attorney
recommends that the much of the Chapter be deleted, in deference to the new legislation,
as adopted or amended. Certain provisions will remain in place in the City Code.
Tattoo Ordinance Report
September 7, 2010
Page 2
Revision Summary
o Definitions were made consistent with MN Statutes
o Licensing requirement deleted, since the State will issue the business licenses
o Body art shops prohibited in private residences, no mobile operations
o Health & sanitation regs deleted, defer to state regs
o Suspension & revocation provisions no longer necessary
o Exemptions deleted
o Temporary tattoo & piercing licenses deleted
The one provision which the Council may want to discuss is the prohibition on mobile
operations. This could be construed to prohibit a temporary body art license, which the
state allows. The law would permit a temporary license for a period not to exceed 21 days.
The current City requirements are as follows:
515.14: TEMPORARY TATTOOING, BODY PIERCING, BODY BRANDING, BODY
SCARRING OR BODY PAINTING EVENT LICENSE.
Subd. 1. The Clerk-Administrator may issue a temporary tattoo, piercing, branding, scarring and
body painting event license as provided in this subsection.
Subd. 2. A temporary tattoo, piercing, branding, scarring and body painting specialist license may
be issued to a person who:
a. Is qualified to hold a tattoo and piercing specialist license under this Section;
b. Has completed the required application and paid the license fee at least seven (7) days prior
to the effective date of the license.
Subd. 3. A temporary license is effective for four (4) consecutive days. A person may not be
issued more than three (3) temporary licenses in any period of three hundred sixty (360)
consecutive days.
Subd. 4. All other provisions of this Section apply to temporary licenses.
While the City has not seen a huge demand for its existing temporary license (I can think of
only one request in the last ten years) the proposed ordinance should be clarified as to
whether the intent is to allow a temporary operation or prohibit them altogether. The
proposed revisions, in typical, color-coded ordinance revision format, are attached for the
Council’s review. An ordinance number has not yet been assigned, pending outcome of
the Council’s review at the work session.
Respectfully submitted,
________________________
James Ericson
City Administrator
ORDINANCE NO. ________
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING TITLE 500, OF THE MOUNDS VIEW CITY CODE
REGARDING BUSINESS LICENSE REGULATIONS
SECTION 1. The City Council of the City of Mounds View hereby amends Title 500, Chapter 515 of
the Mounds View Municipal Code by adding the underlined material and deleting the stricken material as
follows:
SECTION:
515.01. Findings, Purpose and Intent
515.02. Definitions
515.03. License Required
515.04. General Rule
515.05. License Application
515.06. Application and Investigation Fees
515.07. Application Verification and Consideration
515.08. Persons Ineligible for a License
515.09 515.04.Locations Ineligible for a Tattoo and Body Piercing Enterprise License Requirements
515.10 515.05.General License Requirements
515.11. Health and Sanitation Requirements
515.12. License Terms, Renewals
515.13. Suspension; Revocation
515.14. Temporary Tattooing, Body Piercing, Body Branding, Body Scarring Or Body Painting Event
License.
514.15. Exemptions
515.16 515.06.Violations and Penalties
515.01: FINDINGS, PURPOSE AND INTENT: The purpose of this Section is to regulate the business
of tattooing, body piercing, body branding, body scarring or body painting body art in order to protect the
health and welfare of the general public. The City Council finds that the experience of other cities
indicates that there is a connection between tattooing and hepatitis and other health problems. The City
Council finds that stringent regulations governing tattooing can minimize the hepatitis and disease risk
and therefore protect the general health and welfare of the community.
515.02: DEFINITIONS: The following definitions apply in this Chapter of this Code. References
hereafter to “Sections” are, unless otherwise specified, references to Sections in this Chapter. Defined
terms remain defined terms whether or not capitalized.
“Body piercing” means any method of puncturing the skin of a person by the aid of needles or other
instrument designed or used to puncture the skin for the purpose of inserting jewelry or other objects in or
through the human body. “Body piercing” shall not refer to any medical procedure performed by a
licensed physician or medical specialist.
“Body branding” means impressing or burning a mark or figure on the skin of a person with a hot object
or flame.
Draft Tattoo Ord
Sept 7, 2010
Page 2
“Body painting” means applying color, pigment or paint to an area of the skin that exceeds three (3)
square inches.
“Body scarification or scarring” means any method by which a scar is applied to or left upon a body.
“Clean” means the absence of dirt, grease, rubbish, garbage, odor and other offensive, unsightly, or
extraneous matter.
“Good repair” means free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks,
obstructions, and similar defects so as to constitute a good and sound condition.
“Enforcement officer” means the Chief of Police or designee.
“Operate” means to own, manage or conduct, or to have control, charge or custody over.
“Specialist” means that person performing the tattooing, piercing, branding or painting within a licensed
tattoo and body piercing enterprise.
“Tattoo and body piercing enterprise” means a place of business where all or some of the following
services are provided to the public for consideration: tattooing, body piercing, body branding, body
scarring or body painting.
“Tattooing” means the marking of the skin of a person by insertion of permanent colors by introducing
them through puncture of the skin.
“Body art” means physical body adornment using, but not limited to, tattooing and body piercing. Body
art does not include practices and procedures that are performed by a licensed medical or dental
professional if the procedure is within the professional’s scope of practice.
“Body art establishment” means any structure or venue, whether permanent, temporary, or mobile, where
body art is performed. Mobile establishments include vehicle-mounted units, either motorized or
trailered, and readily moveable without disassembling and where body art procedures are regularly
performed in more than one geographic location.
“Body piercing” means the penetration or puncturing of the skin by any method for the purpose of
inserting jewelry or other objects in or through the body. Body piercing also includes branding,
scarification, suspension, subdermal implantation, microdermal and tongue bifurcation. Body piercing
does not include the piercing of the outer perimeter or the lobe of the ear using a presterilized single-use
stud-and-clasp ear-piercing system.
“Tattooing” means any method of placing indelible ink or other pigments into or under the skin or mucosa
with needles or any other instruments used to puncture the skin, resulting in permanent coloration of the
skin or mucosa. Tattooing also includes micropigmentation and cosmetic tattooing.
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Page 3
515.03: LICENSE REQUIRED:
Subd. 1. Tattoo and Body Piercing Body Art Establishment License: It is unlawful to operate, offer,
engage in or carry on tattooing, body piercing, body scarring, body branding or body painting without a
tattoo and/or body piercing license. No person acting individually or jointly with any other person shall
maintain, own, or operate a body art establishment in the City without obtaining a body art establishment
license issued by the State Commissioner of Health.
Subd. 2. Tattoo and Body Piercing Specialist Body Art Technician License: It is unlawful to practice,
administer or provide tattoo, body piercing, body scarring or body branding services in the City without a
tattoo and/or body piercing specialist license. No individual shall perform tattooing in the City unless the
individual holds a valid tattoo technician license issued by the State Commissioner of Health. No
individual shall perform body piercing in the City unless the individual holds a valid body piercing
technician license issued by the State Commissioner of Health. If an individual performs both tattooing
and body piercing, the individual must hold a valid dual body art technician license issued by the State
Commissioner of Health.
515.04. GENERAL RULE: The owner or operator of a licensed tattoo and body piercing establishment
may employ only licensed tattoo and body piercing specialists to provide tattoo, piercing, branding,
scarring or painting services. The owner or operator of a licensed tattoo and body piercing enterprise need
not be licensed as a tattoo and body piercing specialist unless that owner or operator personally provides
tattoo, piercing, branding, scarring or body painting services.
515.05: LICENSE APPLICATION:
Subd. 1. Tattoo and Body Piercing Establishment License: The application for a tattoo and body piercing
establishment license must contain the following information:
a. For all applicants:
(1) Whether the applicant is an individual, corporation, partnership or other form of organization;
(2) The legal description of the premises to be licensed together with a plan of the area showing
dimensions, location of buildings, street access and parking facilities;
(3) The floor number, street number and rooms where the tattoo, piercing, branding, scarring or body
painting services are to be conducted;
(4) Whether all real estate and personal property taxes that are due and payable for the premises to be
licensed have been paid, and if not, the years and amounts that are unpaid;
(5) If the application is for a premises either planned or under construction or undergoing substantial
alteration, the application must be accompanied by preliminary plans showing the design of the proposed
premises; if the plans for design are on file with the building inspector, no plans need be submitted;
(6) The name and street address 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 required by Minnesota
Statutes, section 333.02;
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Page 4
(7) Any other information that the City Council may require.
b. For applicants who are individuals:
(1) The name and date of birth and of the applicant and applicant's residence address;
(2) If the applicant has ever used or been known by a name other than the applicant’s name, and if
so, the name or names and information concerning the dates and places where used;
(3) Residence addresses of the applicant during five (5) years preceding the date of application;
(4) The type, name and location of every business or occupation the applicant has been engaged in
during the preceding five (5) years;
(5) Names and addresses of the applicant's employers for the preceding five (5) years;
(6) If the applicant has ever been convicted of a felony, crime or violation of an ordinance other than
a minor traffic offense; if so, the applicant must furnish information as to the time, place and offense
involved in the convictions;
(7) If the applicant has ever been engaged in the operation of tattoo, piercing, branding, scarring or
body painting services; if so, the applicant must furnish information as to the name, place and length of
time of the involvement in such activity.
c. For applicants that are partnerships:
(1) The names and addresses of general and limited partners and the information concerning each general
partner described in subdivision 1b of this Section;
(2) The managing partners must be designated, and the interest of each general and limited partner in the
business must be disclosed;
(3) A true copy of the partnership agreement must be submitted with the application, and if the
partnership is required to file a certificate as to a trade name under Minnesota Statutes, section 333.02, a
certified copy of that certificate must be submitted.
The license--if issued--will be in the name of the partnership.
d. For applicants that are corporations:
(1) The name of the organization, and if incorporated, the state of incorporation;
(2) A true copy of the certificate of incorporation, and, if a foreign corporation, a certificate of authority
as described in Minnesota Statutes, section 303.02;
(3) The name of the general manager, corporate officers, proprietor, and other person in charge of the
premises to be licensed, and the information about those persons described in subdivision lb;
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(4) A list of the persons who own or have a controlling interest in the corporation or organization or who
are officers of the corporation or organization, together with their addresses and the information regarding
such persons described in subdivision 1b of this Section.
Subd. 2. Tattoo and body piercing specialist license: The application for a tattoo and body piercing
specialist license must contain the following information:
a. The applicant’s name and address;
b. The applicant’s current employer;
c. The applicant’s employers for the previous five (5) years, including employer’s name, address
and dates of employment;
d. The applicant’s residence address for the previous five (5) years;
e. The applicant’s social security number, date of birth, home telephone number, weight, height,
color of eyes and color of hair;
f. If the applicant has ever been convicted of a felony, crime or violation of an ordinance other
than a minor traffic offense and, if so, the time, place and offense involved in the convictions;
g. If the applicant has ever used or been known by a name other than the applicant's name, and if
so, the name or names and information concerning dates and places where used;
h. Evidence that the applicant:
(1) Has current insurance coverage over one million dollars ($1,000,000.00) for
professional liability in the practice of tattooing, piercing, branding, scarring or body painting;
(2) Has a minimum four (4) years of experience and training from a established
professional establishment;
(3) Is affiliated with, employed by or owns a tattoo and piercing enterprise licensed by the
City;
(4) Whether the applicant holds a current tattooing, body piercing, body branding, body
scarring or body painting license from any other governmental unit;
(5) Whether the applicant has previously been denied a tattooing, body piercing, body
branding, body scarring or body painting license from any other governmental unit.
(6) Any other information that the City Council may require.
515.06: APPLICATION AND INVESTIGATION FEES: The fees for tattoo and piercing enterprise
and specialist licenses are set forth from time to time by City Council resolution. An investigation fee will
be charged for tattoo and piercing enterprise licenses. An application for either license must be
accompanied by payment in full of the required license and investigation fees, if applicable.
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515.07: APPLICATION VERIFICATION AND CONSIDERATION:
Subd. 1. Tattoo and piercing enterprise license: The Clerk-Administrator must verify the information
supplied on the license application and investigate the background, including the criminal background, of
the applicant to assure compliance with this Section. Within ninety (90) days of receipt of a complete
application and fee for a tattoo and piercing enterprise license, the Clerk-Administrator must make a
written recommendation to the City Council as to issuance or non-issuance of the license. The City
Council may order additional investigation if it deems it necessary, but must grant or deny the application
within one hundred twenty (120) days of receipt by the Clerk-Administrator of the complete application
and required fees.
Subd. 2. Tattoo and piercing specialist license: Within ninety (90) days of receipt of a complete
application and fee for a tattoo and piercing specialist license, the Clerk-Administrator must grant or deny
the application. Notice will be sent to the applicant upon a denial informing the applicant of the right to
appeal to the City Council within twenty (20) days. If an appeal is properly made, the matter will be
placed on the next available City Council agenda.
515.08: PERSONS INELIGIBLE FOR LICENSE:
Subd. 1. Tattoo and Body Piercing Enterprise License: A tattoo and body piercing enterprise license may
not be issued to an individual who:
a. Is a minor at the time the application is filed;
b. Has been convicted of any crime directly related to the occupation licensed as prescribed by
Minnesota Statutes, section 364.03, subdivision 2, and who has not shown competent evidence of
sufficient rehabilitation and present fitness to perform the duties and responsibilities of a licensee as
prescribed by Minnesota Statutes, section 364.03, subdivision 3;
c. Does not have the legal authority to be employed in the United States;
d. Is not of good moral character or repute;
e. Is not the real party in interest of the enterprise;
f. Has misrepresented or falsified information on the license application.
Subd. 2. Tattoo and Body Piercing Specialist License: A tattoo and body piercing specialist license may
not be issued to a person who does not meet the minimum training requirement or could not qualify for a
tattoo and body piercing enterprise license or who is not affiliated with or employed by a person or entity
holding a tattoo or body piercing enterprise license.
515.09 515.04: LOCATIONS INELIGIBLE FOR TATTOO AND BODY PIERCING
ENTERPRISE LICENSE REQUIREMENTS:
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Subd. 1. A tattoo and body piercing enterprise may not be licensed if the enterprise is located on property
on which taxes, assessments or other financial claims to the state, county, school district or City are due
and delinquent. In the event a suit has been commenced under Minnesota Statutes, sections 278.01-
278.13, 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 (1) year after becoming due.
Subd. 2 1. Zoning Compliance: A tattoo and body art establishment piercing enterprise may not be
licensed if the location of such enterprise is not must be operated in a location that is in conformance with
Title 1100 of the Mounds View Municipal Code.
Subd. 2. Private Residences. No place licensed by the State as a body art establishment shall be located
within a private residence.
Subd. 3. Mobile Establishments. Mobile body art establishments are prohibited.
515.10 515.05: GENERAL LICENSE REQUIREMENTS:
Subd 1. General licensing requirements are as follows:
Tattoos on minors. No person shall tattoo, pierce, scar, brand or paint any person under the age of 18.
Prohibition on license transfer. The license granted is for the person and the premises named on the
approved license application. No transfer of a license shall be permitted from place-to-place or from
person-to-person without first complying with the requirements of an original application, except in the
case in which an existing noncorporate licensee is incorporated and incorporation does not affect the
ownership, control, and interest of the existing licensed establishment.
Hours of operation. A licensee body art establishment shall not be open for business for tattooing before
eight o’clock (8:00) a.m. nor after ten o’clock (10:00) p.m.
Licensed premises. The tattoo, body piercing, body branding, body scarring, body painting enterprise
license is only effective for the compact and contiguous space specified in the approved license
application. If the licensed premises is enlarged, altered, or extended, the licensee shall inform the Clerk-
Administrator.
Adherence to Codes. The tattoo, body piercing, body scarring, body branding, body painting enterprise
Body art establishments shall comply with applicable Minnesota Statutes, including, but not limited to
Minnesota Statutes Chapter 146B and all titles, chapters and sections of the Mounds View City Code,
including, but not limited to, those expressly stated as follows: Chapter 513, Adult Establishments;
Section 514.11, subdivision 5, regarding prohibited massages; and Title 600, Public Health and Safety.
Effect of license suspension or revocation. No person shall solicit business or offer to perform tattooing,
body piercing, body branding, body scarring or body painting services while under license suspension or
revocation by the City.
Maintenance of order. The licensee the operator of a body art establishment shall be responsible for the
conduct of the business being operated and shall at all times maintain conditions of order.
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Page 8
Employee lists. The licensee shall provide to the Clerk-Administrator a list of employees who perform
tattooing, body piercing, body branding body scarification or body painting at the licensed establishment
and shall verify that each employee has received a copy of Chapter 515.
Liability insurance. All licensees shall have at all times a valid certificate of insurance issued by an
insurance company licensed to do business in the State of Minnesota indicating that the licensee is
currently covered in the licensed business by a liability insurance policy. The minimum limits of coverage
for such insurance shall be:
(1) Each claim, at least $200,000;
(2) Each group of claims, at least $500,000.
Such insurance shall be kept in force during the term of the license and shall provide for notification to
the City prior to termination or cancellation. A certificate of insurance shall be filed with the City.
515.11: HEALTH AND SANITATION REQUIREMENTS:
Subd. 1. No person shall engage in the practice of tattooing, body piercing, body branding, body scarring
or body painting at any place in the City without complying with the following regulations:
(a) Lavatory requirement. Every place where tattooing, body piercing, body branding, body
scarification or body painting is practiced shall be equipped with an adequate and conveniently located
toilet room and hand lavatory for the accommodation of employees and patrons. The hand lavatory shall
be supplied with hot and cold running water under pressure; shall be maintained in good repair at all
times; and shall be kept in a clean and sanitary condition. Toilet fixtures and seats shall be of a sanitary
open front design and readily cleanable. Easily cleanable, covered receptacles shall be provided for waste
materials. Every lavatory facility shall be provided with an adequate supply of hand cleansing compound
and single-service sanitary towels or hand-drying devices.
(b) Skin infection. No person having a communicable disease, skin infection or other diseases of
the skin shall be tattooed, pierced, scarred, branded or painted.
(c) Sterilization and disposal of bio-hazardous materials. All needles and razor blades and other
equipment used for piercing, scarring, branding or puncturing shall be individually pre-packaged, pre-
sterilized and disposable. No such equipment shall be used on more than one (1) customer. All bio-
hazardous waste shall be disposed of in accordance with law, and disposal procedures shall be approved
by the enforcement officer. Sterilizing solutions and methods may be used for the purpose of sterilizing
instruments other than needles and razor blades.
(d) Skin preparation procedures. The following procedures shall be used for skin preparation:
(1) Operators shall wash their hands thoroughly with soap and water then dry them with a clean
towel before and after each tattooing, branding, scarring, piercing or painting. Specialists with skin
infections of the hand shall not perform any tattooing, body piercing, body branding, body scarring or
body painting services.
(2) Whenever it is necessary to shave the skin, pre-packaged, pre-sterilized, disposable, razor
blades shall be used.
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Page 9
(3) The skin area to be tattooed, scarred, pierced, branded or painted shall be thoroughly cleaned
with anti-bacterial germicidal soap, rinsed thoroughly with water, and sterilized with an antiseptic
solution. Only single-service towels and wipes shall be used in the skin cleaning process.
(4) After tattooing, piercing, scarring or branding, a sterile dressing must be applied to the
tattooed, pierced or branded area.
(e) Operating furniture. All tables, chairs, furniture, or area on which a patron receives a tattoo,
any body piercing, body branding, body scarification or body painting shall be covered by single-service
disposable paper or clean linens, or in the alternative, the table, chair, or furniture on which the patron
receives a tattoo, body piercing, body scarring, body branding or body painting shall be impervious to
moisture and shall be properly sanitized after each tattoo, body piercing, body branding, body scarring or
body painting.
(f) Towels. Every specialist shall provide single-service towels or wipes for each customer or
person and such towels or wipes shall be stored and disposed of in an acceptable manner.
(g) Coverings: The specialist shall require that the person who is receiving the tattoo, piercing,
branding, scarring or painting will at all times have that person’s breasts, buttocks, anus and genitals
covered with a non-transparent covering. The specialist may lift the covering to expose the person’s
breasts, buttocks, anus or genitals to the limited extent necessary to perform the tattooing, body piercing,
body scarring, body painting or body branding requested. The specialist shall ensure that no other person
may view the exposed body part.
(h) Garments of specialist: The specialist performing tattoo, branding, piercing, scarring or
painting services shall be fully clothed so as to have the specialist’s breasts, buttocks, anus and genitals
covered with a non-transparent material or clothing. Every specialist shall wear clean garments when
engaged in the practice of tattooing, body piercing, body branding, body scarring or body painting. If
garments are contaminated with blood or body fluids, such garment shall be removed, changed, and/or
discarded or cleaned by dry cleaning methods.
(i) Pigments. Pigments used in tattooing shall be sterile and free from bacteria and noxious agents
and substances including mercury. The pigments used from stock solutions for each customer shall be
placed in a single-service receptacle, and such receptacle and remaining solution shall be discarded after
use on each customer.
(j) Minimum floor space. There shall not be less than two hundred fifty (250) square feet of floor
space at the place where the practice of tattooing, body piercing, body scarring, body branding or body
painting is conducted, and said place shall be well lit and ventilated.
(k) Influence of alcohol and drugs. No person shall practice tattooing, body piercing, body
branding, body scarring or body painting while under the influence of alcoholic beverages or illicit drugs.
No customer shall be tattooed, pierced, scarred, branded or painted while under the influence of alcoholic
beverages or illicit drugs.
(l) Written instructions. The operator shall provide the person tattooed, scarred, pierced, painted
or branded with printed instructions on the approved care of the skin during the healing process.
(m) Living quarters. No place licensed as a tattoo, body piercing, body branding, body scarring or
body painting establishment shall be used or occupied as living or sleeping quarters.
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Page 10
515.12: LICENSE TERMS, RENEWALS: Licenses expire annually on December 31. The license fee
will be prorated in thirty (30) day increments for licenses issued after June 30. The Clerk-Administrator
must prepare an application form for the renewal of a license requiring information that the Manager
determines necessary for consideration of the renewal. The renewal application must be made no later
than November 30.
515.13: SUSPENSION; REVOCATION:
Subd 1. The City Council may revoke the license or suspend the license if the licensee submitted false
information or omitted material information in the license process required. The City Council may by
resolution suspend or revoke a license for the violation of any provision or condition of this Section or
any other local law governing the same activity during the license period or any criminal law during the
license period which adversely affects the ability to honestly, safely, or lawfully conduct a tattooing, body
piercing, body scarring, body branding or body painting business.
Subd. 2. A revocation or suspension shall be preceded by written notice to the licensee and a public
hearing before the City Council. The notice shall give at least ten (10) days notice of the time and place of
the hearing and shall state the nature of the charges against the licensee. The notice shall be mailed to the
licensee at the most recent address listed on the application.
515.14: TEMPORARY TATTOOING, BODY PIERCING, BODY BRANDING, BODY
SCARRING OR BODY PAINTING EVENT LICENSE.
Subd. 1. The Clerk-Administrator may issue a temporary tattoo, piercing, branding, scarring and body
painting event license as provided in this subsection.
Subd. 2. A temporary tattoo, piercing, branding, scarring and body painting specialist license may be
issued to a person who:
a. Is qualified to hold a tattoo and piercing specialist license under this Section;
b. Has completed the required application and paid the license fee at least seven (7) days prior to
the effective date of the license.
Subd. 3. A temporary license is effective for four (4) consecutive days. A person may not be issued more
than three (3) temporary licenses in any period of three hundred sixty (360) consecutive days.
Subd. 4. All other provisions of this Section apply to temporary licenses.
515.15. EXEMPTIONS: Jewelry stores that provide ear piercing services to its customers as an accessory
service shall be exempt from the provisions of this Chapter so long as the service is incidental to the sale
of jewelry. For purposes of this Section, a jewelry store shall mean a retail business that derives a majority
of its revenue from the sale of jewelry and that derives less than one percent (1%) of its revenues from ear
piercing services.
515.16 515.06: VIOLATIONS AND PENALTIES: Any person who violates any provision of this
Chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Section
104.01 of this Code.
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Sept 7, 2010
Page 11
SECTION 2. This ordinance shall take effect and be in force 30 days from and after its passage and
publication, in accordance with Section 3.09 of the City Charter.
SECTION 3. In accordance with Section 3.07 of the City Charter, the following summary shall be
printed in the official City newspaper in lieu of the complete ordinance:
During the 2010 Legislative session, a law was passed which, beginning January 1, 2011, requires
the State of Minnesota to assume licensing jurisdiction over tattoo, body piercing and other body
modification establishments, and those who perform such duties, as codified in Minnesota
Statutes Chapter 146B. To be consistent with the new MN Statutes Chapter 146B, the City
Council deleted much of City Code Chapter 515 which had provided for the municipal licensure
and control over such businesses, in deference to the new legislation. The remaining language
was updated to reference the new state requirements. Upon the effective date of the ordinance,
January 1, 2011, the City of Mounds View will no longer license such establishments or those
who practice such arts, instead deferring such oversight to the State of Minnesota. A printed copy
of the ordinance is available for inspection during regular office hours at the office of the City
Administrator.
Introduction and First Reading by the Mounds View City Council on ______________.
Second Reading and Adoption by the Mounds View City Council on ______________.
Publication Date: ________________, 2010.
____________________________
Joe Flaherty, Mayor
Attest:
____________________________
James Ericson, City Administrator
(seal)
Item No: 7
Meeting Date: Sept 7, 2010
Type of Business: Work Session
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: James Ericson, City Administrator
Item Title/Subject: Review of Possible Amendment to Chapters 502 and 503
Relating to Liquor Sales on Sundays
Introduction:
The City Council adopted Ordinance 843 earlier this year on May 10, 2010. The ordinance
made numerous changes to both Chapter 502 and 503 regulating liquor sales in the City of
Mounds View.
Discussion:
One of the changes in Ordinance 843 addressed liquor sales on Sundays. The Council
deleted reference to specific foods that had to be made available for sale on Sundays. In
addition, the City Council deleted reference to an additional license that could be obtained
by establishments to provide for sales of alcohol from 10:00 am to noon on Sundays. It
was staff’s assumption that no licensed entity served alcohol during this time, since no
establishment had ever requested the additional license.
It has come to our attention that both Mermaid and Moe’s have a history of serving alcohol
on Sundays before noon, usually in conjunction with a brunch or some other food service.
Neither owner was aware that a separate license in addition to the Sunday license was
needed to serve for the two hours before noon on Sundays. (The State of MN allows for
the sale and service of alcohol beginning at 10 am Sundays.) While the original language,
now deleted, seemed fairly straightforward, clearly it had been interpreted otherwise by two
of our licensed establishments.
The section of Code, as revised by Ordinance 843, is as follows, with the pertinent deleted
language highlighted in yellow:
502.12: HOURS AND DAYS OF SALES:
Subd. 2. Sunday Sales: Notwithstanding the provisions of subdivision 1 of this Section, on-
sale establishments restaurants, clubs, bowling centers and hotels with seating capacities for
at least 30 persons and which hold an on-sale intoxicating liquor licensed to sell intoxicating
liquor on Sunday may serve same intoxicating liquor between the hours of twelve o’clock
(12:00) noon and two o’clock (2:00) A.M. on Sundays in conjunction with serving the sale of
food upon obtaining a Sunday Sales license from the City. In addition, the City Council may
authorize, by license, a licensee to serve intoxicating liquors between the hours of ten o’clock
(10:00) A.M. and twelve o’clock (12:00) noon on Sunday in conjunction with the serving of
food only to persons seated at tables ordinarily used for dining. Provided, however, that the
licensed establishment is in conformance with the Minnesota Clean Air Act. (Ord. 475, 10-9-
89; Amended, Ord. 717, 7-28-03)
Sunday Liquor Sales Report
September 7, 2010
Page 2
Recommendation:
Staff has no problem recommending a reinsertion of the pre-noon Sunday liquor sales
provision consistent with state law, however the Council will need to determine whether an
additional license and/or fee will be required for the establishments to sell the additional
two hours. For sake of reference, the City Council chose to NOT require any additional fee
for establishments who opted to stay open until 2 am every night, per state law.
Respectfully submitted,
________________________
James Ericson
City Administrator