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HomeMy WebLinkAboutOrdinance 951ORDINANCE NO. 951 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE 500, CHAPTERS 502, 503, 504, 505, 506, 507, 508, 509, 511, 513, 516 AND 518 OF THE MOUNDS VIEW CITY CODE RELATING TO BUSINESS LICENSE REGULATIONS SECTION 1. The City Council of the City of Mounds View hereby amends Title 500, Chapter 502, Section 502.04, Subdivision 1 of the Mounds View Municipal Code by adding the double - underlined material and deleting the stricke-rt material as follows: Subd. 1. Persons Ineligible for License: ba. No license shall be granted to or held by any person: (1) Who is under the age of twenty one (21). (2) Who is not of good moral character and repute (3) Who is or has been convicted, within five (5) years prior to the application of such license, of a felony or a willful violation of any law of the United States or the State of Minnesota or of any local ordinance with regard to the manufacture, sale, distribution or possession for sale or distribution of an alcoholic beverage. (4) Who has a direct or indirect interest in a manufacturer, brewer or wholesaler. (5) Who has an interest, directly or indirectly, in any other establishment in the City to which a license of the same class has been issued under this Chapter. SECTION 2. The City Council of the City of Mounds View hereby amends Title 500, Chapter 502, Section 502.06, Subdivision 2(a) -(b) of the Mounds View Municipal Code by adding the double -underlined material and deleting the stricken material as follows: a. The annual fee for all intoxicating liquor licenses on sale intexioatin n,.. s �i l4con9p 10.4thRi-A eabaFet, an an sale 1FAoxfoating liquor Iieenqp' with eabaret aBd an on sale winp, lisenqp, shall be established by resolution of the City Council and shall be paid prior to June 30 of each year, of one half (1 2f.t e •• a r - zn a t- otho one half (Ir r �n it •a n t- 11. 533107v DTA MU210-54 SECTION 3. The City Council of the City of Mounds View hereby amends Title 500, Chapter 502, Section 502.07, Subdivision 1(a) of the Mounds View Municipal Code by adding the double - underlined material and deleting the stricken material as follows: a. Insurance: A certificate that there is in effect an insurance policy issued by an insurer required to be licensed by Minnesota Statutes, Section 60A.07, subdivision 4 or by an insurer recognized as an eligible surplus line carrier pursuant to Minnesota Statutes, Section 60A.206 or pool providing coverage of at least: (1) Fifty thousand dollars ($50,000.00) for bodily injury to any one (1) person in any one (1) occurrence and subject to the limit of one (1) person; (2) One hundred thousand dollars ($100,000.00) for bodily injury to two (2) or more persons in any one (1) occurrence; (3) Ten thousand dollars ($10,000.00) for injury to or destruction of property of others in any one (1) occurrence; (4) Fifty thousand dollars ($50,000.00) for loss of means of support of any one (1) person in any one (1) occurrence and, subject to the limit for one (1) person; and (5) One hundred thousand dollars ($100,000.00) for loss of means of support of two (2) or more persons in any one (1) occurrence;. (6) Fifty thousand dollars ($50.000.00) for other pecuniary loss of any one person in any one (1) occurrence: and (7) One hundred thousand dollars ($100,000.00) for other pecuniary loss of two (2) or more persons in any one (1) occurrence SECTION 4. The City Council of the City of Mounds View hereby amends Title 500, Chapter 502, Section 502.08 of the Mounds View Municipal Code by deleting the strieken material as follows: 502.08: LICENSE HEARING: No issuance of a new intoxicating liquor or wine license, transfer of an existing license, renewal of an e,,:...ing licenses issuance of temporary on -sale intoxicating liquor license, Sunday sales license, or special outdoor consumption endorsements shall be hereafter granted by the Council until a public hearing has been conducted by the Council after published notice in the official newspaper at least ten (10) days in advance of the hearing. 533107v l DTA MU210-54 SECTION 5. The City Council of the City of Mounds View hereby amends Title 500, Chapter 502, Section 502.12, Subdivisions 1 and 2 of the Mounds View Municipal Code by adding the double -underlined material and deleting the strieken material as follows: Subd. 1. General Restrictions: No sale of intoxicating liquor for consumption on the licensed premises shall be made between the hours of two o'clock (2:00) A.M. and eight o'clock (8:00) A.M. on the days of Monday through Saturday. No sale of intoxicating liquor shall be made by an off -sale licensee before eight o'clock (8:00) A.M. or after eight o'clock (8:00) P.M. on the days of Monday through Thursday. en any day except c,." 1,.. and Satufday, on which days ale may be made until ten o'..leek (10:00) P.M. No sale of t t' fiqtwr shall be made b an off sale 1: ee on SunNo sale of intoxicating liquor shall be made by an off -sale licensee before eight o'clock or after ten o'clock (10:00) P.M. on the days of Friday and Saturday. No sale of intoxicating liquor shall be made by an off -sale licensee before eleven o'clock (11:001 A.M. or after six o'clock (6.00) P.M. on Sunday. Notwithstanding the general restrictions contained herein, lino off -sale of intoxicating liquor shall be made on Thanksgiving Day, Christmas Day or after eight o'clock (8:00) P.M. on December 24th. Subd. 2. Sunday On -Sales: Notwithstanding the provisions of subdivision 1 of this Section, a unless the businessh obtained a Sunday Growler Off Sale License, o restaurants clubs bowling centers and hotels with seating capacities for at least thirty (30) persons and which hold an on -sale intoxicating liquor license may serve intoxicating liquor between the hours of eight o'clock (8:00) A.M. and two o'clock (2:00) A.M. on Sundays in conjunction with the sale of food upon obtaining a Sunday Sales license from the City. SECTION 6. The City Council of the City of Mounds View hereby amends Title 500, Chapter 503, Section 503.06, Subdivision 2 of the Mounds View Municipal Code by adding the double - underlined material and deleting the stfieker3 material as follows: Subd. 2. Proration of Fees: All licenses shall expire on Peee —Wune 30 of each year. Each license shall be issued for a period of one (1) year; except, that if a portion of the license year has elapsed when the application is made, a license may be issued for the remainder of the year for a pro rata fee. In computing such fee, any unexpired fraction of a month shall be counted as one (1) month. SECTION 7. The City Council of the City of Mounds View hereby amends Title 500, Chapter 503, Section 503.07, Subdivision 1(a) of the Mounds View Municipal Code by adding the double - underlined material and deleting the ;#ieke4i material as follows: a. Certificate of Insurance: A certificate that there is in effect an insurance policy issued by an insurer required to be licensed by Minnesota Statutes, Section 60A.07, subdivision 4 or by an insurer recognized as an eligible surplus line carrier pursuant to Minnesota Statutes, Section 60A.206 or pool providing coverage of at least: (1) Fifty thousand dollars ($50,000.00) for bodily injury to any one (1) person in any one (1) occurrence and subject to the limit of one (1) person; 5331070 DTA MU210-54 (2) One hundred thousand dollars ($100,000.00) for bodily injury to two (2) or more persons in any one (1) occurrence; (3) Ten thousand dollars ($10,000.00) for injury to or destruction of property of others in any one (1) occurrence; (4) Fifty thousand dollars ($50,000.00) for loss of means of support of any one (1) person in any one (1) occurrence and, subject to the limit for one (1) person; axd (5) One hundred thousand dollars ($100,000.00) for loss of means of support of two (2) or more persons in any one (1) occurrence;- (6) Fifty thousand dollars ($50,000.00) for other pecuniary loss of any one person in any one (1) occurrence; and (7) One hundred thousand dollars ($100.000.00) for other necuniary loss of two (2) or more persons in any one (1) occurrence. SECTION 8. The City Council of the City of Mounds View hereby amends Title 500, Chapter 503, Section 503.08 of the Mounds View Municipal Code by adding the double -underlined material and deleting the strie-kea material as follows: 503.08: 1 OF APPLICATION;1' 1 Percent Subd. 1. Investigation of Application; Hearing; Issuance or Denial: The Council shall conduct a public hearing regarding issuance of any 3.2 Percent malt liquor license after published notice in the official newspaper at least ten (10) days in advance of the hearing. Prior to the hearing, the City must conduct a preliminary background and financial investigation of the applicant. After such investigation and hearing, the Council shall grant or refuse the application, in its discretion No license shall become effective until it, together with the proof of financial responsibility furnished by the applicant, has been approved by the Commissioner. Subd. 2. Report to Commissioner: The City Administrator or its designee shall- withhi ten (101 days after the issuance of any license under this Chanter, submit to the Commissioner the full name and address of each person granted a license, the trade name, the effective license date 533107v I DTA MU210-54 and the date of expiration of the license. The City Administrator or its designee shall also submit to the Commissioner any transfer, cancellation suspension or revocation during the license period. SECTION 9. The City Council of the City of Mounds View hereby amends Title 500, Chapter 504, Section 504.01, Subdivision 6 of the Mounds View Municipal Code by adding the double - underlined material and deleting the str4eke3 material as follows: Subd.6. EXCEPTIONS TO DEFINITIONS: For purposes of this Chapter, the terms PEDDLER, SOLICITOR, and TRANSIENT MERCHANT shall not apply to: a. Non-commercial door-to-door advocates. Nothing within this Section shall be interpreted to prohibit or restrict non-commercial door-to-door advocates. Any person engaging in door-to-door advocacy shall not be required to register as a solicitor under Section 504.02. b n person selling aRempting to son ,t wholesale any goods, es., .lra ,},.,., .,tlt, ' merchandise, othe personal L:moieFty to -_e4ai. .e..or of the to_, 4 'vvnvlcscsxcr. delivery route, or when publioations are delivered te the eanununity at lafg(-. bf. Any person conducting1" of • •nly Imown as garage sales, rummage sales, or estate sales. cg. Any person participating in an organized multi -person bazaar or flea market. A. Any person conducting an auction as a properly licensed auctioneer. ci. Any officer of the court conducting a court-ordered sale. Exemption from these definitions shall not, for the scope of this Chapter, excuse any person from complying with any other applicable statutory provision or requirement provided by another City ordinance. 533107v1 DTA MU210-54 SECTION 10. The City Council of the City of Mounds View hereby amends Title 500, Chapter 504, Section 504.05 of the Mounds View Municipal Code by adding the double-underlined material and deleting the str-ickerr material as follows: 504.05: INVESTIGATION; ISSUANCE OR DENIAL Or PERMIT: Subd. 1. Investigation: Upon receipt of each application and payment of the fee, it shall be referred to the Chief of Police, who shall immediately institute such investigation of the applicant's business and moral character as he deems necessary for the protection of the public good and shall endorse the application in the manner prescribed in this Section within due€-(3)seven 7 business days after it has been filed by the applicant with the City Administrator. Subd. 2. Denial of Permit: If, as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory, the Chief of Police shall endorse on such application any disapproval and the reasons for the same and return the application to the City Administrator, who shall notify the applicant within t3)seven 7 business days that the application is disapproved and that no permit will be issued. Subd. 3. Grounds for Denial of Permit a. The failure of an applicant to obtain and demonstrate proof of having obtained any required county permit or state license. b. The failure of an applicant to truthfully provide any information requested by the City as part of the application process. C. The failure of an applicant to sign the permit application. d. The failure of an applicant to pay the required fee at the time of application. e. A conviction within the past five (5) years of the date of application for any violation of any federal or state statute or regulation, or of any local ordinance, which adversely reflects upon the person's ability to conduct the business for which the permit is being sought in a professional, honest and legal manner. Such violations shall include, but are not limited to, burglary, theft, larceny, swindling, fraud, unlawful business practices, and any form of actual or threatened physical harm against another person. f. The revocation within the past five (5) years of any license or permit issued to an applicant for the purpose of conducting business as a peddler, solicitor, or transient merchant. g. When an applicant has a bad business reputation. Evidence of a bad business reputation shall include, but is not limited to, the existence of more than three (3) complaints against an applicant with the Better Business Bureau, the Office of the Minnesota Attorney General or other state attorney general's office, or other similar business or consumer rights office or agency, within the proceeding twelve (12) months, or three (3) complaints filed with the City against an applicant within the preceding five (5) years. 533107v1 DTA MU210-54 6 Subd. 4. Appeal of Denial: Any person whose permit application is denied under this Section shall have the right to appeal that decision as provided in Section 504.11. Subd. 5. Approval and Issuance of Permit; Contents: If, as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the Chief of Police shall endorse the approval on the application and return the application to the City Administrator, who shall deliver to the applicant the permit within three (3) business days. Such permit shall contain the signature of the issuing officer and shall show the name, address and photograph of said permittee, the class of the permit issued and the kinds of goods or services to be sold thereunder, the date of issuance that the same shall be operative, as well as the permit number and other identifying description of any vehicle used in such licensed business. Subd 6 Record of Permits. T Cit n,l...inistratef shall keep a parmaoepA r ord of all r� .,,:t. o l SECTION 11. The City Council of the City of Mounds View hereby amends Title 500, Chapter 505, Section 505.01 of the Mounds View Municipal Code by adding the double -underlined material as follows: 505.01: LICENSE REQUIRED: Every person who owns or operates any place of business enumerated in this Chapter 505 shall procure, annually, on July 1, or at the time of commencing such business, a license from the Clerk or its designee. SECTION 12. The City Council of the City of Mounds View hereby amends Title 500, Chapter 506, Section 506.05 of the Mounds View Municipal Code by adding the double -underlined material and deleting the stricken material as follows: 506.05: LIABILITY INSURANCE: If the machine is of the type described in subdivision 506.01(2)b of this Chapter, the applicant shall also submit with the application a policy of liability insurance applicable to death or injury caused by the operation of the licensed machine in the minimum amount of one -five hundred thousand dollars ($4500,000.00) for injury to or death of any person or throe hundred thousand one million dollars ($31.000,000.00) for one (1 ` aeeident 7�er occurance. SECTION 13. The City Council of the City of Mounds View hereby amends Title 500, Chapter 507, Section 507.03 of the Mounds View Municipal Code by deleting the sirieke material as follows: 507.03: REVIEW OF APPLICATION; ISSUANCE OR DENIAL: The City Administrator shall submit the application to the Council for its consideration. The reqeire i, approval of the Fire Chief before the lieense is issued. The Council may grant or refuse to grant the license after consideration of the application. It may require a public hearing, and such hearing shall be held at such time and upon such notice as the Council may determine. After such hearing, the Council may grant or refuse to grant the license. 5331070 DTA MU210-54 SECTION 14. The City Council of the City of Mounds View hereby amends Title 500, Chapter 507, Section 507.04 of the Mounds View Municipal Code by adding the double -underlined material and deleting the strieken material as follows: 507.04: LICENSE FEES; EXPIRATION: Subd. 1. Fee and Expiration: The fee for every such license shall be established by resolution of the City Council. Every such license shall expire on Deeembep-3-1June 30 next after its issuance. License fees paid to renew an expired license shall be paid on or before December 31 of the year preceding the effective year. Any annual fee paid later than ten (10) working days after Deeember June 30 shall be subject to an additional administrative service charge of ten percent (10%) of the renewal fee. Subd. 2. Refund Upon Denial: If the Council denies the application for license, one-half (1/2) of the license fee shall be refunded to the applicant. SECTION 15. The City Council of the City of Mounds View hereby amends Title 500, Chapter 508, Section 508.05, Subdivision 1 of the Mounds View Municipal Code by adding the double - underlined material and deleting the str-ieke material as follows: Subd. 1. Liability Insurance Requirements: The licensee shall obtain and keep in full force and effect proper insurance coverage te pfeteet the Mianieipal"" and said licensee against any liability for personal injury or property damage sustained by any persons as a result of the operation of said amusement rides, carnival or circus. Said insurance coverage shall provide protection against liability up to a sum of at least one Irandred thousandmillion dollars ($1.000,000.00) per property damage and in the amount of not less than enetwo million dollars ($4-2,000,000.00) per occurrence, insuring the operator against liability for injury to persons arising out of the use of an amusement ride. SECTION 16. The City Council of the City of Mounds View hereby amends Title 500, Chapter 508, Section 508.07 of the Mounds View Municipal Code by adding the double -underlined material and deleting the stricken material as follows: 508.07: INDEMNIFICATION: The licensee shall indemni and hold harmless the Municipality and the Council from any liability in whatsoever manner arising which may be incurred by the licensee and the Municipality as the result of the operation of amusement rides, carnivals or circuses. SECTION 17. The City Council of the City of Mounds View hereby amends Title 500, Chapter 509, Section 509.03 of the Mounds View Municipal Code by adding the double -underlined material and deleting the strieken material as follows: 509.03: REVIEW OF APPLICATION; ISSUANCE OR DENIAL: The City Administrator shall submit said application to the Council for its consideration. The require the appreval of the Fife Chief before the rieense is issued. The Council may grant or refuse to grant the license after consideration of the application. It may require a public hearing, and that 533107v1 DTA MU210-54 8 such hearing be held at such time and upon such notice as the Council may determine. After such a hearing, the Council may grant or refuse to grant the license. SECTION 18. The City Council of the City of Mounds View hereby amends Title 500, Chapter 511 of the Mounds View Municipal Code by deleting Chapter 511 in its entirety. SECTION 19. The City Council of the City of Mounds View hereby amends Title 500, Chapter 513, Section 513.06, Subdivision 3 of the Mounds View Municipal Code by adding the double - underlined material and deleting the stricken material as follows: Subd. 3. License Fee: a. The annual license fee is two thousand five hundred dollars ($2,500.00). b. Each application for a license shall be submitted to the City Administrator and payment made to the City. Each application for a license shall be accompanied by payment in full of the required license fee. Upon rejection of any application for a license, the City shall refund the license fee. C. All licenses shall expire on the last day of June in each year. Each license shall be issued for a period of one (1) year, except that if a portion of the license year has elapsed when the application is made, a license may be issued for the remainder of the year for a pro rated fee. In computing such fee, any unexpired fraction of a month shall be counted as one (1) month. d. No part of the fee paid by any license shall be refunded, except that a pro rata portion of the fee shall be refunded in the following instances upon application to the City Administrator within thirty (30) days from the happening of the event, provided that such event occurs more than thirty (30) days before the expiration of the license and renders the adult establishment inoperable: (1) Destruction or damage of the licensed premises by fire or other catastrophe. (2) The licensee's illness. (3) The licensee's death. (4) A change in the legal status making it unlawful for the licensed business to continue. C. Eaeh application shall eentain a pr-avision an the application in bold print indicating that-anyAnv withholding of information or the providing of false or misleading information will be grounds for denial or revocation of a license. Any changes in the information provided on the application or provided during the investigation shall be brought to the attention of the City Council by the application or licensee. If said changes take place during the investigation, said data shall be provided to the Police Chief in writing and they shall report the changes to the City Council. Failure to report said changes by the applicant(s) or the licensee may result in a denial or revocation of a license. 533107vl DTA MU210-54 9 SECTION 20. The City Council of the City of Mounds View hereby amends Title 500, Chapter 513, Section 513.06, Subdivision 9 of the Mounds View Municipal Code by adding the double - underlined material and deleting the strieket3 material as follows: Subd.9. Penalty: a. Any person violating any provision of this Chapter is guilty of a misdemeanor and upon conviction shall be punished not more than the maximum penalty for a misdemeanor as prescribed by state law. b. Any violation of this Chapter shall be a basis for the suspension or revocation of any license granted hereunder. In the event that the City Council proposes to revoke or suspend the license, the licensee shall be notified in writing of the basis for such proposed revocation or suspension and the date of the hearing whereby the Council will address said proposal. The Council shall hold a hearing for the purpose of determining whether to revoke or suspend the license, which hearing shall be within thirty (30) days of the date of the notice. C. The City Council shall determine whether to suspend or revoke a license within thirty (30) days after the close of the hearing or within sixty (60` days of the date of the ^efiee, whichever is sooner, and shall notify the licensee of its decision within that period. The licensee may continue to operate until the City Council makes its final decision whether to suspend or revoke the license. SECTION 21. The City Council of the City of Mounds View hereby amends Title 500, Chapter 516, Section 516.11, Subdivision 1(h) of the Mounds View Municipal Code by adding the double - underlined material and deleting the stricke material as follows: h. Photograph or Video Recording: The licensee must take a color photograph or color video recording of each customer involved in a billable transaction.-andThe licensee must also take a color photograph or color video recording of every item pawned or sold that does not have a unique serial or identification number permanently engraved or affixed. (1) Photo Provisions: The photographs taken must be at least two inches (2") in length by two inches (2") in width and must be maintained in such a manner that the photograph can be readily matched and correlated with all other records of the transaction to which they relate. Such photographs must be available to the Chief of Police, or the Chiefs designee, upon request. The major portion of the photograph must include an identifiable front facial close up of the person who pawned or sold the item. Items photographed must be accurately depicted. The licensee must inform the person that they are being photographed by displaying a sign of sufficient size in a conspicuous place on the premises. (2) Video Provisions: If a video photograph is taken, the video camera must zoom in on the person pawning or selling the item so as to include an identifiable close 533107v1 DTA MU210-54 10 up of that person's face. Items photographed by video must be accurately depicted. Video photographs must be electronically referenced by time and date so they can be readily matched and correlated with all other records of the transaction to which they relate. The licensee shall display a sign of sufficient size in a conspicuous place on the premises informing patrons that all transactions are video -recorded. The licensee must keep the exposed videotape for four (4) months, and furnish it to the police department upon request. (3) Digitized Photographs: Digital images shall be provided in a format specified by the issuing authority, electronically cross referenced to the reportable transaction with which they are associated. SECTION 22. The City Council of the City of Mounds View hereby amends Title 500, Chapter 518, Section 518.05 of the Mounds View Municipal Code by adding the double -underlined material and deleting the str4eker3 material as follows: 518.05: LAWFUL GAMBLING PERMITTED WITH COUNCIL APPROVAL: Lawful gambling is permitted within the City provided it is conducted in accordance with Minnesota Statutes, Sections 609.75-609.763, inclusive, as they may be amended from time to time; Minnesota Statutes, Sections 349.11-349.23, inclusive, as they may be amended from time to time; and this Section. Lawful gambling shall not be conducted unless approved by the Council, with the exception of exempt or excluded lawful gambling as provided for in Minnesota Statutes, Section 349.11- 349.166. SECTION 23. The City Council of the City of Mounds View hereby amends Title 500, Chapter 518, Section 518.12 of the Mounds View Municipal Code by adding the double -underlined material and deleting the stricken material as follows: 518.12: RECORDS AND REPORTING: Subd. 1. Organizations conducting lawful gambling shall file with the City Administrator one (1) copy of all records and reports required to be filed with the Board, pursuant to Minnesota Statutes, Chapter 349, as it may be amended from time to time, and rules adopted pursuant thereto, as they may be amended from time to time. The records and reports shall be filed on or before the day they are required to be filed with the Board. Subd. 2. Organizations licensed by the Board shall file a report with the City proving compliance with the trade area spending requirements imposed by Section 518.12 518.11 (Designated Trade Area). Such report shall be made on a form prescribed by the City and shall be submitted annually and in advance of application for renewal. SECTION 24. In accordance with Section 3.07 of the City Charter, City staff shall have the following summary printed in the official City newspaper in lieu of the complete ordinance: On September 24, 2018, the City Council adopted Ordinance 949 that amends Title 500, Chapters 502, 503, 504, 505, 506, 507, 508, 509, 511, 513, 516 and 518 of the Mounds 533107v I DTA MU210-54 11 View City Code. The purpose of the amendment was to modify, abolish, and establish certain city business regulations, remove outdated code language, and update the business licensing requirements. A printed copy of the ordinance is available for inspection during regular business hours at Mounds View City Hall and is available on line at the City's web site located at www.moundsviewmn.org. SECTION 25. 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. Introduction and First Reading by the Mounds View City Council on September 10, 2018. Second Reading and Adoption by the Mounds View City Council on September 24, 2018. Publication Date: Attest: (seal) October 5, 2018. 533107v1 DTA MU210-54 12 Carol A. Mueller, May6r au � Nyle Z,`ikfkmun�r/ City Administrator