HomeMy WebLinkAboutOrdinance 1377
ORDINANCE NO. 1377
BE1NG AN ORDINANCE AMEND1NG
PERTAINING TO THE AMENDMENT
REQUIREMENTS OF THE CITY.
ORDINANCE NO. 853, CITY CODE OF 1977,
OF CERTAIN SECTIONS OF THE LICENSING
The City of Columbia Heights does ordain:
Chapter 5
Article 1
SECTION 1:
Section 5.101 of Ordinance No. 853, City Code of 1977, pertaining to the
General Provisions of Licensing Requirements which currently reads as
follows, to wit:
5.1o1(1)
For purposes of this Chapter, "license" shall mean the written
authority granted by the City to maintain, operate or conduct a
business or commercial establishment, or engage in any trade,
profession or occupation or conduct any activity or maintain any
premises which are subject to regulation under the police power for
which payment of a fee to the City may be required; and "person" shall
mean person, partnership, corporation or other association.
5.1Ol (2)
Applications for all licenses required by this Chapter shall be
submitted in writing to the Clerk and contain the following
information, unless specifically provided otherwise herein:
(a) The name and address of the applicant. If the applicant is a
partnership or corporation, the names of all partners, officers and all
persons with a financial interest in the business. Where there are more
than ten (10) stockholders in a company, the applicant shall only be
required to name the three shareholders with the greatest financial
interest in said company.
(b) The specific license desired or applied for citing the applicable
section of this chapter.
(c) The proposed location of the licensed activity and the name and
address of the landowner at the proposed location if the owner is not
the license applicant.
(d) An address where legal service of process can be made upon the
named licensee during normal business hours.
(e) Such further information as is requested and needed for the proper
guidance of City officials.
Page 2
Shall hereafter be amended to read as follows:
5.101(1)
For purposes of this Chapter, "license" shall mean the
written authority granted by the City to maintain, operate
or conduct a business or commercial establishment, or
engage in any trade, profession or occupation or conduct
any activity or maintain any premises which are subject to
regulation under the police power for which payment of a
fee to the City may be required; and "person" shall mean
person, partnership, corporation or other association.
5.101(2)
Applications for all licenses required by this Chapter shall
be submitted in writing to the Clerk and contain the
following information, unless specifically provided
otherwise herein;
(a)
The full legal name, date of birth and address of the
applicant. If the applicant is a partnership or corporation,
the full legal names and date of birth of all partners,
officers and all persons with a financial interest in the
business. Where there are more than ten (10) stockholders
in a company, the applicant shall only be required to name
the three shareholders with the greatest financial interest
in said company.
(b)
The specific license desired or applied for, citing the
applicable section of this chapter.
(c)
The proposed location of the licensed activity and the full
name and address of the landowner of the proposed
location if the owner is not the license applicant.
(d)
An address where legal service of process can be made
upon the named licensee during normal business hours
and/or as stated in Articles of Incorporation as filed with
the Secretary of State.
(e)
Such further information as is requested and needed for the
proper guidance of City Officials.
SECTION 2:
5.102(1)
Section 5.102 of Ordinance No. 853, City Code of 1977, pertaining to the
Application Processing of Licensing Requirements which currently reads as follows,
to wit:
The Clerk shall refer all license applications to the Zoning
Administrator for a determination of whether the proposed licensed
activity would result in a violation of any provision of the Zoning
Code. The Administrator shall provide the applicant with a statement
citing any specific violation of the Zoning Code that would result from
the issuance of a license at the proposed location.
Page 3
5.102(2)
5.102(3)
5.102(4)
The applicant shall have the opportunity to amend the proposed
location of the license activity so as to comply with the Zoning Code,
or to resort to all remedies available to cure the prospective violation
and obtain authorization for said licensed activity through provisions
of the Zoning Code.
The Clerk shall refer license applications for which an inspection is
required to the member of the administrative service charged with the
duty of making such inspection. Said official shall make a report
thereon within ten days of receipt of the application and indicate
whether there were any observed violations of ordinances at the
proposed location of the licensed activity or whether there is reason
to believe that an ordinance violation would result from the license
being approved. The official shall specify facts supporting such a
belief.
(a) If no inspection is conducted within ten days, the City official
charged with making such inspection shall report the reason why no
inspection was conducted. The inspection report and the license
application shall then be returned to the Clerk.
(b) The administrative official charged with the duty of conducting an
inspection that is required under this chapter is granted the authority
to conduct such inspections at any reasonable hour and in a lawful
manner.
(c) For license renewal applications, a report of any inspection
conducted within the twelve months preceding the date for renewal
may be utilized and no new inspection is required.
The Clerk shall forward all license applications to the Council for
consideration of said application. The Council shall review all
applications submitted to it and shall have reasonable discretion to
approve or deny any application, as allowed by law, subject to the
requirements of this chapter as hereinafter provided.
The Council may, by annual resolution, delegate the authority to
approve licenses for all qualified applicants under any section or
subdivision of this chapter to the administrative service; provided that
all qualifications, conditions, and requirements for the issuance of a
license shall be enforced.
5.102(5)
Any person who has been refused or denied a license under this
chapter shall have the right to a public hearing before the Council, to
be held within 14 days after such hearing is requested and after five
days' notice to the license applicant.
5.102(6)
If the license application is refused or denied after a public hearing, the
Council shall thereafter provide, in writing, findings of fact regarding
the qualifications of the applicant, the results of any inspection, and
specific reasons for denial of the license application.
Page 4
SHALL HEREAFTER BE AMENDED TO READ AS FOLLOWS:
5.102(1)
The Clerk shall refer all license applications to the Zoning
Administrator for a determination of whether the proposed
licensed activity would result in a violation of any provision
of the Zoning Code. The Administrator shall provide the
applicant with a statement citing any specific violation of
the Zoning Code that would result from the issuance of a
license at the proposed location.
5.102(2)
The applicant shall have the opportunity to amend the
proposed location of the license activity so as to comply
with the Zoning Code, or to resort to all remedies available
to cure the prospective violation and obtain authorization
for said licensed activity through provision of the Zoning
Code.
5.102(3)
The Clerk shall refer license applications for which an
inspection or application review is required to the member
of the administrative service charged with the duty of
making such inspection or application review. Said official
shall make a report thereon within ten days of receipt of
the application and indicate whether there were any
observed violations of ordinances at the proposed location
of the licensed activity or whether there is reason to
(a)
(b)
(c)
5.102(4)
believe that an ordinance violation would result from the
license being approved. The official shall specify facts
supporting such a belief.
If no inspection or application review is conducted within
ten days, the City Official charged with making such
inspection or review shall report the reason why no
inspection or review was conducted. The inspection report
and the license application shall then be returned to the
Clerk.
The administrative official charged with the duty of
conducting any inspection that is required under this
Chapter is granted the authority to conduct such
inspections at any reasonable hour and in a lawful manner.
For license renewal applications, a report of any inspection
conducted within the twelve months preceding the date for
renewal may be utilized and no new inspection is required.
The Clerk shall forward all license applications to the City
Council for consideration of said application. The Council
shall review all applications submitted to it and shall have
reasonable discretion to approve or deny any application,
as allowed by law, subject to the requirements of this
chapter as hereinafter provided.
The Council may, by annual resolution, delegate the
authority to approve licenses for all qualified applicants
under any section or subdivision of this chapter to the
administrative service; provided that all qualifications,
conditions and requirements for the issuance of a license
shall be enforced.
Page 5
5.102(5)
5.102(6)
Any person who has been refused or denied a license
under this chapter, shall have the right to a public hearing
before the City Council, to be held within fourteen (14)
days after such hearing is requested and after five days
notice to the license applicant.
If the license application is refused or denied after a public
hearing, the City Council shall thereafter provide in writing
findings of fact regarding the qualifications of the applicant,
the results of any inspection and specific reasons for denial
of the license application.
SECTION 3: Section 5.103 of Ordinance No. 853, City Code of 1977, pertaining to the License
Condtions and Requirements which currently reads as follows, to wit:
5.103(1)
Licenses or license renewals under this chapter will be subject to the
below-named conditions:
(a) The term of every license shall be no longer than one year, to
commence on January 1st or the date of issuance, and expire on
December 31st, except where otherwise provided hereinafter.
Licenses shall be renewed each year in the same manner and subject
to the same conditions as the initial license application.
(b) The location of any licensed business, trade or profession may
only be changed upon authorization of the Council, unless otherwise
provided by this chapter. Application for transfer of location shall be
made to the Clerk and processed in the same manner as an initial
license application.
(c) Licenses are not transferable from the named licensee to any other
person without the authorization of the Council.
The Council may treat a license transfer as a new license application
and impose application requirements provided by this Chapter.
(d) Every license issued pursuant to this Chapter shall be
conspicuously posted at the location or premises of the licensed
activity, or carried by a licensee engaged in a mobile business, trade,
or occupation and displayed on demand.
5.103(2)
The licensee or license applicant shall consent to a lawful inspection
of the licensed premise or premises that are proposed for a licensed
activity or business, where such an inspection is authorized by this
chapter.
This provision shall not abrogate nor modify any superior right under
law of an
Page 6
owner or person in possession of the premises to withhold consent to
such an inspection where such owner or person is not the licensee or
license applicant.
(b) The Council may waive the requirement for an inspection where
withholding of consent to such inspection is beyond the control of the
license applicant.
5.103(3)
No license shall be issued or renewed for any business, trade,
occupation, or business activity where such licensed activity would
result in a violation of the Zoning Ordinance at the proposed location.
5.103(4)
The Council may deny license approval where an unfavorable
inspection report has been made by the inspecting official.
No license shall be issued or renewed to any applicant who has
refused to grant consent to an administrative inspection authorized by
this Chapter, unless such inspection has been waived pursuant to
5.103 (b).
5.103(5)
Annual license fees shall be established by resolution of the Council
and may be amended from time to time. Fees shall be paid in full to
the Clerk/Treasurer prior to the issuance of the license unless
specifically provided otherwise herein.
(a) Fees shall not be prorated unless specifically authorized herein, or
by Council resolution, and are not refundable for any reason, including
license revocation, suspension, or termination of the licensed activity.
(b) On application to the Council, fee requirements may be waived
only for good cause under such circumstances whereby the regulatory
purposes of this chapter will not be defeated, and the license applicant
is a non-profit, charitable, or community service organization.
5.103 (6)
In considering distances to churches or public school buildings, such
distances shall be measured in a straight line from the nearest point of
the building in which the licensed business is located or is proposed to
be located to the nearest point of the church or public school building.
5.103 (7)
A public school building shall include any public or private elementary
or secondary school regularly attended on a full time basis by students
under the age of nineteen (19) years.
SHALL HEREAFTER BE AMENDED TO READ AS FOLLOWS:
5.103(1) Licenses or license renewals under this chapter will be
subject to the below named conditions:
Page 7
(a)
(b)
(c)
(d)
5.103(2)
(a)
(b)
The term of every license shall be no longer than one year,
to commence on January 1st, or the date of issuance, and
expire on December 31 st, except where otherwise
provided hereinafter. Licenses shall be renewed each year
in the same manner and subject to the same conditions as
the initial license application.
The location of any licensed business, trade or profession
may only be changed upon authorization of the City
Council, unless otherwise provided by this chapter.
Application for transfer of location shall be made to the
Clerk and processed in the same manner as an initial
license application.
Licenses are not transferable from the named licensee to
other person '-':'~ ..... ~ ..... ~A,:--A,:A-- A~ ,~ COU--~:'
any ~v,,,,,~u, ,,,= ou,,,,~,,.o,,,~,, ,~, ,,,= ,,,.,,.
A license transfer shall be treated as a new license
application and application requirements shall be imposed
as provided by this chapter.
Every license issued pursuant to this chapter shall be
conspicuously posted at the location or premises of the
licensed activity, or carried by a licensee engaged in a
mobile business, trade or occupation and displayed on
demand.
The licensee or license applicant shall consent to a lawful
inspection of the licensed premise or premises that are
proposed for a licensed activity or business, where such an
inspection is authorized by this chapter.
This provision shall not abrogate or modify any superior
right under law of an owner or person in possession of the
premises to withhold consent to such an inspection where
such owner or person is not the licensee or license
applicant.
The Council may waive the requirement for an inspection
where withholding of consent to such inspection is beyond
the control of the license applicant.
5.103(3)
No license shall be issued or renewed for any business,
trade, occupation or business activity where such licensed
activity would result in a violation of the Zoning Ordinance
at the proposed location.
5.103(4)
The Council may deny license approval where an
unfavorable inspection report has been made by the
inspecting official.
No license shall be issued or renewed to any applicant who
has refused to grant consent to an administrative
inspection authorized by this chapter, unless such
inspection has been waived pursuant to 5.103(2)(b).
5.103(5)
Annual License fees shall be established by resolution of
the City Council and may
Page 8
be amended from time to time. Fees shall be paid in full
to the,~,~,'~'A-'-'~-~,, ,, ...... ~oourer License Clerk prior L~, L,,~ ,oouo,,~
A~ .~A ,: ..... ppli Ily
u, ~,,= ,,~=,,o= upon license a cation unless specifica
provided otherwise herein.
(a)
Fees shall not be prorated unless specifically authorized
herein, or by Council resolution, and are not refundable for
any reason, including license revocation, suspension, denial
or termination of the licensed activity.
(b)
On application to the City Council, fee requirements may
be waived only for good cause under such circumstances
whereby the regulatory purposes of this chapter will not be
defeated, and the license applicant is a non-profit,
charitable or commun:,ty serv:,ce organization as defined by
Section 501(c)(3) of the Internal Revenue Code, as
amended.
5.103(6)
In considering distances to churches or public school
buildings, such distances shall be measured in a straight
line from the nearest point of the building in which the
licensed business is located, or is proposed to be located,
to the nearest point of the church or public school building.
5.103(7) A public school building shall include any public or private
elementary or secondary school regularly attended on a full
time basis by students under the age of nineteen (19)
years.
SECTION 4:
5.104(1)
Section 5.104 of Ordinance No. 853, City Code of 1977, pertaining to the
Revocation and Suspension Requirements which currently reads as follows, to wit:
The Council may for cause revoke or suspend a license, or
take other action restricting the privileges of a licensee
subject to the following requirements:
(a) The Council shall provide the licensee with a written statement of
reasons or causes for the proposed Council action together with a
notice for public hearing.
(b) The Council shall conduct a public hearing on the proposed action
and provide findings of fact and citations to any ordinances or
regulations that have been violated together with a statement of action
taken and the conditions of any resulting revocation, suspension, or
other action restricting the privileges of the licensee.
(c) The Clerk shall certify and forward the findings and statement of
action taken to the person in whose name said license was issued by
mailing the same to the mailing address indicated on the license
application.
Page 9
5.104(2)
5.104(3)
5.104(4)
A violation of any provision of this chapter or of a state law,
prescribing standards of conduct or regulations governing a licensee;
the particular type of business or commercial activity or trade or
occupation that is licensed; or the premises where the licensed activity
is conducted; shall be a prima facie showing of cause for revocation,
suspension, or such other action restricting the privileges of a licensee
as the Council may determine.
Nondisclosure, misrepresentation or misstatement of a material fact in
any application for a license under this chapter shall be a prima facie
showing of cause for revocation, suspension or such other action
restricting the privileges of a licensee as the Council may determine.
The refusal of any licensee or his agent or representative to grant
consent to a lawful authorized administrative inspection of the
licensed premises may be grounds for revocation, suspension, or such
other action restricting the privileges of a licensee as the Council may
determine, subject to the provisions of 5.103 (2)(b).
SHALL HEREAFTER BE AMENDED TO READ AS FOLLOWS:
5.104(1)
The City Council may, for cause, revoke or suspend or
deny a license or take other action restricting the privileges
of a licensee subject to the following requirements:
(a)
The Council shall provide the licensee with awritten
statement of reasons or causes for the proposed Council
action together with a notice for public hearing.
(b)
The Council shall conduct a public hearing on the proposed
action and provide findings of fact and citations to any
ordinances or regulations that have been violated together
with a statement of action taken and the conditions of any
resulting revocation, suspension, denial or other action
restricting the privileges of the licensee.
(c)
The Clerk shall certify and forward the findings and
statement of action taken to the person in whose name
said license was issued by mailing the same to the mailing
address indicated on the license application.
5.104(2)
A violation of any provision of this chapter or of a state
law, prescribing standards of conduct or regulations
governing a licensee; the particular type of business or
commercial activity or trade or occupation that is licensed;
or the premises where the licensed activity is conducted;
shall be a prima facie showing of cause for revocation,
denial, suspension or such other action restricting the
privileges of a licensee as the Council may determine.
Poge 10
5.104(3)
Nondisclosure, misrepresentation or misstatement of a
material fact in any application for a license under this
chapter shall be a prima facie showing of cause for
revocation, denial, suspension or such other action
restricting the privileges of a licensee as the Council may
5.104(4)
determine.
The refusal of any licensee or his agent or representative to
grant consent to a lawful authorized administrative
inspection of the licensed premises may be grounds for
denial, revocation, suspension or such other action
restricting the privileges of a licensee as the Council may
determine, subject to the provisions of 5.103(2)(b).
Chapter 5
Article II
SECTION 2:
5.202(1)
5.202(2)
5.202(3)
5.202(4)
Section 5.202 of Ordinance No. 853, City Code of 1977, pertaining to the Licensing
of Junk Dealers which currently reads as follows, to wit:
No person shall engage in or conduct business as a junk dealer
without a license
issued pursuant to the provisions of this chapter.
License applications shall indicate the manner and place at which junk
will be stored on the premises.
(a) The Council may refer the license application to the Planning and
Zoning Commission for recommendations.
(b) The Council may impose conditions for the storage of junk as a
condition of license approval.
The provisions of this section shall not apply to or include the business
of buying, selling or shipping in wholesale lots any scrap iron, used
metal, or dismantled motor vehicles in the course of reprocessing or
transforming such materials into forms, conditions or substances
required for the use of such materials in smelters, foundries or other
reprocessing plants, except that a special Council permit shall be
required for the location of any such business.
Prior to the issuance of a license under this section, the license
applicant shall file a bond in the sum of $1,000.00 with the Clerk,
conditioned upon observation of and compliance with all provisions
of this Code relating to junk dealers.
Page 11
SHALL HEREAFTER BE AMENDED TO READ AS FOLLOWS:
5.202(1)
No person, firm or corporation shall engage in or conduct
business as a junk dealer/auto recycling dealer or an
automotive recycling yard and/or junkyard without first
having secured a Conditional Use Permit and a license
issued pursuant to the provisions of this Chapter.
5.2O2(2)
Definitions. Except where otherwise indicated by the
context, the following definitions shall apply in the
interpretation and enforcement of this Ordinance:
(a)
"Person" shall mean any person, firm, partnership,
association, corporation, company or organization of any
kind.
(b)
"Automotive Recyclables" and/or "Junk" shall mean motor
vehicles in whole or part, no longer used as such, to be
used for scrap metal or stripping of parts; old iron, steel,
brass, copper, tin, lead, or other base metals; old cordage,
ropes, rags, fibers or fabrics; old rubber; old bottles or
other glass; bones; wastepaper and other waste or
discarded material which might be prepared to be used
again in some form; and any or all of the foregoing; but
"junk" shall not include materials or objects accumulated
by a person as by-products, waste or scraps from the
operation of his business or materials or objects held and
used by a manufacturer as an integral part of his own
manufacturing processes.
(c)"
Automotive Recycling Yard" and/or "Junkyard" shall mean
a yard, lot or place, covered or uncovered, outdoors or in
an enclosed building, containing automotive recyclables
and/or junk as defined above, upon which occurs one or
more acts of buying, keeping, dismantling, processing,
selling or offering for sale any such automotive recyclables
and/or junk, in whole units or by parts, for a business or
commercial purpose, whether or not the proceeds from
such act or acts are to be used for charity.
(d)
"Automotive Recycling Dealer" and/or "Junk Dealer" shall
mean a person who operates an automotive recycling yard
and/or junkyard, as defined above, within the City.
5.202(3)
All applicants desiring to secure a license, shall make a
written application to the Clerk, upon forms supplied by the
5.202(4)
City, accompanied with a fee as set by City Council
Resolution.
No license shall be issued until the applicant has executed
and deposited, with the Clerk, a corporate surety bond in
the sum of Ten Thousand Dollars
Page 12
5.202(5)
5.202(6)
($10,000) guaranteeing the compliance with the
provisions of this Ordinance. Such bond shall remain in
force and must be executed for a period of one (1) year
except that on such expiration, it shall remain in force as
to all penalties, claims and demands that may have
occurred thereunder prior to such expiration.
The City Council or its duly authorized representatives,
shall inspect the automotive recycling yard and/or junkyard
of all dealers licensed under this Ordinance at least once a
year to determine whether such yards are being operated
in accordance with the provisions of this Ordinance and
other applicable provisions of law. The licensee shall
permit inspection of the business premises by any member
or representative of the City Council at any time during
regular business hours.
Each dealer shall display the license in a conspicuous place
on the business premises. No license issued under this
Ordinance shall be transferred or used by any person other
than the one to whom it was issued.
SECTION 3:
5.203(1)
5.203(2)
Section 5.203 of Ordinance No. 853, City Code of
1977, pertaining to the Licensing of Transient
Merchants, Peddlers, and Solicitors which currently
reads as follows, to wit:
No persons shall engage in or conduct business as an itinerant hawker
or peddler; transient merchant selling merchandise, wares or goods;
or a solicitor-canvasser; without a license issued pursuant to the
provisions of this chapter.
A separate license shall be required for each of the below-named
business activities which shall be defined as follows:
5.203(3)
(a) An "Itinerant hawker or peddler" who carries merchandise or
goods with him and executes immediate sales thereof.
(b) A "transient merchant" who operates out of a stationary place of
business and does not possess a vested property right in said place for
a period exceeding six months.
(c) An"itinerant solicitor-canvasser" who solicits executory contracts
or agreements for the future delivery of merchandise or goods, or the
future performance of services.
A license shall not be required under this section for
Page 13
5.203(4)
(a) persons selling or soliciting orders from dealers for merchandise,
goods or personal property designated for ultimate resale to
consumers, or
(b) sheriffs, constables or other public officers selling goods, wares,
and merchandise pursuant to provisions of law, or
(c) a bona fide trustee, administrator, assignee, receiver or other
person appointed and acting under the authority of law, or
(d) persons soliciting orders for future door-to-door delivery of
newspapers, or
(e) persons selling or peddling farm or garden products cultivated by
such person, or
(f) persons licensed for the same business activity under any other
section of this chapter.
(g) persons selling or soliciting on behalf of a religious organization;
provided that said persons have complied with the requirements of
Section 5.203(10) of this Code.
Applications under this section shall include the following information,
which will also be contained on the issued license:
(a) A physical description of the applicant, setting forth the
applicant' s age, height, color of hair and eyes, and other distinguishing
features.
(b) The name and address of the person for whom or through whom
orders are to be solicited.
(c) A description of the goods, wares, merchandise, or services to be
sold or solicited.
(d) The anticipated duration of the applicant's business in the City.
(e) The type of license described in subdivision (2) for which
application is being made.
5.203(5)
Applicants for a hawker-peddler license, or a transient merchant
license shall present proof to the Council of a license issued by the
Anoka County Auditor and proof of a filed bond as required by
Minnesota Statutes Chapter 329. Lack of such proof shall be
mandatory grounds for denial of the license application.
Page 14
5.203(6)
The Clerk shall refer all applications under this section to the Chief of
Police to ascertain whether the applicant has a criminal record for any
crimes of violence, burglary, robbery, theft, or sex crimes. The Chief
shall report any such conviction to the Council and may make
appropriate recommendations to the Council. Such a conviction may
be grounds for denial of said license application.
5.203(7)
A separate license shall be required under this section for each agent
or employee of a licensee.
5.203(8)
Any license issued pursuant to this section may be revoked or
suspended upon a showing that the licensee has engaged in fraud or
made a material misrepresentation or false statement to a customer in
the course of pursuing the licensed business, or committed any offense
in violation of this code while engaged in the licensed business.
5.203(9) No licensee under this section shall:
(a) call attention to his business or to his merchandise by blowing a
horn, ringing a bell, by the use of a voice amplifying devise, or by any
other method of causing a loud noise, or
(b) sell or solicit on Sunday, or after the hour of 9 p.m. unless an
appointment with the customer has been arranged in advance, or
(c) enter or conduct business upon premises where a sign or plaque
is conspicuously posted stating that no solicitors or peddlers are
allowed unless a prior appointment is arranged with a resident of said
premises.
s.203(]0)
Persons selling or soliciting on behalfofa religious organization shall,
prior to selling or soliciting in the City, register with the City Clerk by
establishing their identity and their authority to act for or on behalf of
the religious organization. No fee shall be charged by the City for
such registration.
SHALL HEREAFTER BE AMENDED TO READ AS FOLLOWS:
5.203(1)
City License Required. Except as otherwise provided for by
this ordinance, no person shall conduct business as either
a peddler or a transient merchant without first having
obtained a license from the City.
5.203(2)
County License Required. No person shall conduct
business as a peddler, solicitor or transient merchant within
the City limits without first having
Page 15
obtained the appropriate license from Anoka County as
required by Minnesota Statutes Chapter 329 as amended.
5.203(3)
Definitions and Interpretation. Except as may otherwise be
provided or clearly implied by context, all terms shall be
given their commonly accepted definitions. The singular
shall include the plural and the plural shall include the
singular. The masculine shall include the feminine and the
neuter and vice-versa. The term "shall" means mandatory
and the term "may" is permissive. The following terms
shall have the definitions given to them:
(a)
Person. The term "person" shall mean any natural
individual, group, organization, corporation, partnership or
association. As applied to groups, organizations,
corporations, partnerships and associations, the term shall
include each member, officer, partner, associate, agent or
employee.
(b)
(c)
(d)
Peddler. The term "peddler" shall mean a person who goes
from house to house, door to door, business to business,
street to street, or any other type of place to place, for the
purpose of offering for sale, displaying or exposing for sale,
selling or attempting to sell, and delivering immediately
upon sale, the goods, wares, products, merchandise or
other personnel property that the person is carrying or
otherwise transporting. The term "peddler" shall mean the
same as the term "hawker".
Solicitor. The term "solicitor" shall mean a person who
goes from house to house, door to door, business to
business, street to street, or any other type of place to
place, for the purpose of obtaining or attempting to obtain
orders for goods, wares, products, merchandise, other
personal property, or services, of which he or she may be
carrying or transporting samples, or that may be described
in a catalog or by other means, and for which delivery or
performance shall occur at a later time. The absence of
samples or catalogs shall not remove a person from the
scope of this provision if the actual purpose of the
persons's activity is to obtain or attempt to obtain orders
as discussed above. The term "solicitor" shall mean the
same as the term "canvasser".
Transient Merchant. The term "transient merchant" shall
mean a person who temporarily sets up business out of a
vehicle, trailer, boxcar, tent, other portable shelter, or
empty store front for the purpose of exposing or displaying
for sale, selling or attempting to sell, or delivering goods,
wares, products, merchandise, or other personal property,
and who does not remain or intend to remain in any one
location.
Page 16
(e)
5.203(4)
Regular Business Day. Any day during which the City Hall
is normally open for the purpose of conducting public
business. Holidays defined by State law shall not be
counted as regular business days.
Exceptions to Definitions. For the purpose of the
requirements of this ordinance, the terms "peddler",
5.203(5)
"solicitor", and "transient merchant" shall not apply to any
person selling or attempting to sell at wholesale any goods,
wares, products, merchandise, or other personal property,
to a retailer of the item(s) being sold by the wholesaler.
The terms also shall not apply to any person who makes
initial contacts with other people for the purpose of
establishing or trying to establish a regular customer
delivery route for the delivery of perishable food and dairy
products such as baked goods and milk, nor shall they
apply to any person making deliveries of perishable food
and dairy products to the customers on his or her
established regular delivery route. In addition, persons
conducting the type of sales commonly known as garage
sales, rummage sales, or estate sales, as well as those
persons participating in an organized multi-person bazaar or
flea market, shall be exempt from the definitions of
peddlers, solicitors, and transient merchants, as shall be
anyone conducting an auction as a properly licensed
auctioneer, or any officer of the court conducting a court
ordered sale. Exemption from the definitions for the scope
of this ordinance shall not excuse any person from
complying with any other applicable statutory provision or
local ordinance.
Application. Application for a City license to conduct
business as a peddler or transient merchant shall be made
at least twenty-one (21) regular business days before the
applicant desires to begin conducting business. Application
for a license shall be made on a form approved by the City
Council and available from the office of the License Clerk.
All applications shall be signed by the applicant. All
applications shall include the following information:
a. Applicants full legal name, date of birth, social security
number, and drivers license number.
b. All other names under which the applicant conducts
business or to which applicant officially answers.
c. A physical description of the applicant (hair color, eye
color, height, weight, distinguishing marks and features,
etc.).
d. Full address of applicant's permanent residence.
Page 17
e. Telephone number of applicant's permanent residence.
f. Full legal name of any and all business operation(s)
owned, managed, or operated by applicant, or for which
the applicant is an employee or agent.
g. Full address of applicant's regular place of business (if
any).
h. Any and all business related telephone number(s) of the
applicant.
i. The type of business for which the applicant is applying
for a license.
j. Whether the applicant is applying for an annual, monthly
or daily license.
k. The dates during which the applicant intends to conduct
business, and if the applicant is applying for a daily or
monthly license, the number of days he or she will be
conducting business in the City.
I. Any and all address(es) and telephone number(s) where
the applicant can be reached while conducting business
within the City, including the location where a transient
merchant intends to set up business.
m. A statement as to whether or not the applicant has
been convicted within the last five years of any felony,
gross misdemeanor, or misdemeanor for violation of any
state or federal statute or any local ordinance, other than
traffic offenses.
n. A list of the three most recent locations where the
applicant has conducted business as a peddler or transient
merchant.
o. Proof of any required County license.
p. Written permission of the property owner or the
property owner's agent for any property to be used by a
transient merchant as well as a site plan of the premises
indicating the location on the site the transient merchant
will operate.
q. A general description of the items to be sold or services
to be provided.
r. All additional information deemed necessary by the City
Council.
5.203(6)
Fees. All applications for a license under this section shall
be accompanied by the fee established in the City's fee
schedule as adopted from time to time by resolution passed
by the City Council.
Page
18
5.203(7)
Procedures. Upon receipt of the completed application and
payment of the license fee, the License Clerk shall forward
the application to the City Council. An application shall be
determined to be complete only if all required information
is provided. The clerk shall determine if the application is
complete. If the clerk determines that the application is
incomplete, the clerk shall inform the applicant of the
required necessary information which is missing. After
verification of the information provided on the application
by the Police Department and, based upon the
recommendation of the Police Department, the City Council
shall vote whether or not to issue the license. If the City
Council rejects the application, the applicant shall be
notified in writing of the council's decision, the reason for
the denial, and of his or her right to appeal the denial by
requesting, within fourteen (14) days of receiving the
council's notice of rejection, a public hearing to be heard
by the City Council within fourteen (14) days of the date of
the request. The final decision of the City Council
following the public hearing shall be appealable by
petitioning the Minnesota Court of Appeals for a Writ of
Certiorari.
5.203(8)
Duration of License. A license granted under this section
shall be valid for the time period as indicated on the
license. Annual licenses are valid from January 1 through
December 31 of each year.
5.203(9)
License Exemptions. No license shall be required for any
person to sell or attempt to sell, or to take or attempt to
take orders for, any product grown, produced, cultivated
or raised on any farm. No license shall be required of any
person going from house to house, door to door, business
to business, street to street, or other type of place to place
when such activity is for the purpose of exercising that
person's State or Federal Constitutional rights (i.e. freedom
of speech, press, religion, etc.) except that this exemption
may be lost if the person's exercise of Constitutional rights
is merely incidental to a commercial activity. Professional
fund raisers working on behalf of an otherwise exempt
person or group shall not be exempt from the licensing
requirements of this ordinance.
5.203(1 O)
Ineligibility For License. The following shall be grounds for
denying a license under this ordinance:
A. The failure of the applicant to obtain and show proof of
having obtained any required County license.
B. The failure of the applicant to truthfully provide any of
the information requested by the City as a part of the
application, or the failure to sign the application, or the
failure to pay the required fee at the time of application.
Page 19
C. The conviction of the applicant within the past five
years from the date of application, for any violation of any
Federal or State statute or regulation, or of any local
ordinance, which adversely reflects on the person's ability
to conduct the business for which the license is being
sought in an honest and legal manner or that will not
adversely affect the health, safety and welfare of the
residents of the city. Such violations shall include but not
be limited to: burglary, theft, larceny, swindling, fraud,
unlawful business practices, and any form of actual or
threatened physical harm against another person.
D. The revocation within the past five years of any license
issued to the applicant for the purpose of conducting
business as a peddler, solicitor or transient merchant.
E. The applicant is determined to have a bad business
reputation. Evidence of a bad business reputation shall
include, but not be limited to, the existence of more than
two complaint(s) against the applicant with the Better
Business Bureau, the Attorney General's Office, or other
similar business or consumer rights office or agency, within
the preceding twelve months, or five such complaints filed
against the applicant within the preceding five (5) years.
5.203(11)
Suspension and Revocation. Any license issued under this
section may be suspended or revoked at the discretion of
the City Council for violation of any of the following:
1. Fraud, misrepresentation, or incorrect statements on
the application form.
2. Fraud, misrepresentation, or false statements made
during the course of the licensed activity.
3. Conviction of any offense for which granting of a
license could have been denied under Section 220 of this
ordinance.
4. Violation of any provision of this ordinance.
The suspension or revocation of any license issued for the
purpose of authorizing multiple persons to conduct
business as peddlers or transient merchants on behalf of
the licensee, shall serve as a suspension or revocation of
each such authorized person's authority to conduct
business as a peddler or transient merchant on behalf of
the licensee whose license is suspended or revoked.
(a) Notice. Prior to revoking or suspending any license
issued under this ordinance, the City shall provide the
license holder with written notice of the alleged violation(s)
and inform the licensee of his or her right to a hearing on
the alleged violation. Notice shall be delivered in person or
by mail to the permanent residential address listed on the
license application, or if no residential address is listed, to
the business address provided on the license application.
5.203(12)
5.203(13)
5.203(14)
(b) Public Hearing. Upon receiving the notice provided in
5.203(11)(a), the licensee shall have the right to request a
public hearing. If no request for a hearing is received by
the Clerk within ten (10) regular business days following
the service of the notice, the City may proceed with the
suspension or revocation. For the purpose of mailed
notices, service shall be considered complete as of the date
the notice is placed in the mail. If a public hearing is
requested within the stated timeframe, a hearing shall be
scheduled within fourteen (14) days from the date of the
request. Within five (5) regular business days of the
hearing, the City Council shall notify the licensee of its
decision.
(c) Emergency. If in the discretion of the City Council,
imminent harm to the health or safety of the public may
occur because of the actions of a peddler or transient
merchant licensed under this section, the Council may
immediately suspend the person's license and provide
notice of the right to hold a subsequent public hearing as
prescribed in Section 5.203(11)(b).
(d) Appeals. Any person whose license is suspended or
revoked under this section shall have the right to appeal
that decision in court.
Transferability. No license issued under this ordinance
shall be transferred to any person other than the person to
whom the license was issued.
Registration. All solicitors, and any person exempt from
the licensing requirements of this ordinance under Section
5.203(9), shall be required to register with the City.
Registration shall be made on the same form required for a
license application, but no fee shall be required.
Immediately upon completion of the registration form, the
Clerk shall issue to the registrant a Certificate of
Registration as proof of the registration. Certificates of
Registration shall be non-transferable.
Prohibited Activities. No peddler, solicitor, or transient
merchant shall conduct business in any of the following
manner:
(a) Calling attention to his or her business or items to be
sold by means of
Page 21
blowing any horn or whistle, ringing any bell, crying out, or
by any other noise, so as to be unreasonably audible within
an enclosed structure.
(b) No licensee shall have any exclusive right to any
location on the public streets or grounds, nor shall a
licensee be permitted a stationary location thereon, nor
shall a licensee be permitted to operate in a congested area
where such operation might impede or inconvenience the
public use of such streets. For the purpose of this section,
the judgment of a police officer, exercised in good faith,
shall be deemed conclusive as to whether the area is
congested and the public impeded or inconvenienced.
(c) Conducting business in such a way as to create a
threat to the health, safety and welfare of any individual or
the general public.
(d) Conducting business before 9:00 a.m. or after 9:00
p.m.; or on Sunday, before 12:00 p.m. or after 6:00 p.m.
(e) Failing to provide proof of license or registration, and
identification, when requested; or using the license or
registration of another person.
(f) Making any false or misleading statements about the
product or service being sold, including untrue statements
of endorsement. No peddler, solicitor, or transient
merchant shall claim to have the endorsement of the City
solely based on the City having issued a license or
certificate of registration to that person.
(g) Remaining on the property of another when requested
to leave, or to otherwise conduct business in a manner a
reasonable person would find obscene, threatening,
intimidating, or abusive.
5.203(15)
Exclusion By Placard. No peddler, solicitor, or transient
merchant, unless invited to do so by the property owner or
tenant, shall enter the property of another for the purpose
of conducting business as a peddler, solicitor, or transient
merchant when the property is marked with a sign or
placard at least three and three-quarter (3-3/4) inches long
and three and three-quarter (3-3/4) inches wide with print
of at least 48 point in size stating "No Peddlers, Solicitors,
or Transient Merchants", or "Peddlers, Solicitors, and
Transient Merchants Prohibited", or other comparable
statement. No person other than the property owner or
tenant shall remove, deface, or otherwise tamper with any
sign or placard under this section.
5.203(16)
Violations and Penalties. Any person who violates any
provision of this ordinance shall be guilty of a misdemeanor
and upon conviction of any violation shall be subject to a
fine not to exceed seven hundred dollars ($700) or a jail
sentence not to exceed ninety (90) days, or both, plus the
cost of prosecution. Each day a violation exists shall
constitute a separate violation for the purposes of this
section.
5.203(17)
Separability. Should any section, clause, or portion of this
ordinance be found invalid, unenforceable, or
unconstitutional by a court of competent jurisdiction, such
finding shall not apply to any other section, clause, or
portion of this ordinance, unless the court's findings
specifically provides otherwise.
SECTION 4:
Section 5.204, of Ordinance No. 853, City Code of
1977, pertaining to the Licensing of Secondhand
Merchants, which currently reads as follows, to wit:
5.204(1)
No person shall engage in or conduct a business dealing in secondhand
merchandise and goods without a license issued pursuant to the
provisions of this chapter.
5.204(2)
For purposes of this section, "secondhand merchandise and goods
dealer" shall be defined as: a person engaging in the business of buying
or selling, or both, of any secondhand goods or merchandise
previously sold for public consumption including wrecked or
dismantled motor vehicles or motor vehicles intended to be wrecked
or dismantled, but not including goods and merchandise taken as part
or full payment for new goods and merchandise.
5.204(3)
Every licensee under this section shall keep a book in which shall be
clearly written in ink, at the time of each loan or purchase, an accurate
account or description, in the English language, of the goods, article
or other thing pawned, pledged or purchased, the amount of money
loaned or paid therefor, the time of the receipt of the same, the name,
residence and description of the person pawning, pledging, or selling
the same. For each article pawned, pledged or purchased, the licensee
shall record all serial numbers and an "operation identification"
number for each article in the book required hereunder, The book
shall also indicate the disposition of each item, including the name and
address of the receiver of said item, the date of transfer, and the
consideration for said transfer. Such book, as well as the article
pawned or purchased, shall at all reasonable times be open to the
inspection by the Mayor or any member of the police force.
The Council may grant an exemption from this requirement upon a
showing by the licensee that such a requirement would impose an
undue burden and not further the underlying purposes of this section.
Page 23
5.204(4)
Every licensee under this section shall have the duty to report to the
Police Department any article delivered or transferred to his
possession, if the licensee or his agent has reason to believe that the
article was delivered to him from a person other than the rightful
owner or an agent of the owner.
5.204(5)
License applicants under this section shall provide a statement of
whether the applicant has ever been convicted of the offense of
receiving stolen goods, burglary, robbery or theft. Such a conviction
may be grounds for denial of said license application.
5.204(6)
Prior to issuance of a license under this section, the license applicant
shall file a bond in the sum of $1,000.00 with the Clerk. Said bond
shall be conditioned upon observation of and compliance with all
provisions of this Code relating to second hand merchants, and upon
delivery to any person legally entitled thereto, any goods, wares or
merchandise, article or thing, which may have come into his hands
through his licensed business or in lieu thereof will pay in money to
such person or persons the reasonable value thereof.
5.204(7)
Every licensee under this section purchasing or receiving on deposit
for a loan any article or personal property shall give to the person
selling or depositing such article or personal property a plain written
or printed ticket or receipt for the article or personal property so sold
or deposited, showing the terms of such sale or loan and a copy of the
entries in his book above requiring relating to such sale or loan.
5.204(8)
Any person desiring to have an exhibition, convention, show or
exposition of secondhand goods or antiques for a limited period of
time may apply to the Council for a license for a period not to exceed
five (5) calendar days.
(a) The application shall contain the name, or names, of the persons
who will be responsible for the conduct and management of the
exhibition, convention, show or exposition, and the dates, time and
place during which such exhibition, convention, show or exposition
will be held.
(b) Prior to the issuance of a license under this section, the applicant
shall file a bond with the Clerk written by a surety company
authorized to do business in the State of Minnesota in the penal sum
of $5,000.00, and conditioned that the principal named therein will
observe all laws in relation to dealers in secondhand goods and
antiques and conduct the business in conformity thereto, and will
account for and deliver to any person legally entitled thereto any
goods, wares or merchandise, article or thing, which may have come
into his or their hands through the business transacted at such
exhibition, convention, show or exposition, or, in lieu thereof, will pay
in money to such person or persons the reasonable value thereof.
Page24
(c) Garage sales in residential districts, otherwise permitted by the
Zoning Code, shall not require a license hereunder.
(d) The fee for such license shall be set by resolution of the Council.
The Council may waive such license fee and bond requirement for
church, charitable, and public service organizations.
5.204(9)
No personal property received on deposit by any licensee under this
section shall be redeemed for a period of 48 hours next after the
delivery to the Police Department of the copy and statement relating
thereto as required in 5.205(8), and no personal property purchased
by said licensee shall be sold or disposed of in any way within the
period of 10 days next after the delivery to the Police Department of
the copy and statement relating thereto.
5.203(10) Whenever the Chief of Police, or any member of the police force
designated by the Chief of Police, shall notify any such dealer or
dealers not to sell any property so received on deposit or purchased
by them, or permit the same to be redeemed, such property shall not
be sold or permitted to be redeemed until such time as may be
determined by the Chief of Police or member of the police force
designated by the Chief of Police so requiring them to be held.
5.204(11) Licensees under this section shall be restricted to the following hours:
(a) Business may be conducted:
From 9:00 a.m. to 9:00 p.m. on Monday, Tuesday, Wednesday,
Thursday and Friday.
From 9:00 a.m. to 6:00 p.m. on Saturday.
From 12:00 noon to 5:00 p.m. on Sunday.
(b) Business may be conducted during the time from December 14 to
December 24, inclusive from 9:00 a.m. to 9:00 p.m. on each day of
the week, excluding Sundays.
(c) Notwithstanding the foregoing, no business may be open on New
Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving
Day, Christmas Day, nor at any of the times and hours specifically
allowed hereunder.
The Council may grant an exemption from the requirement of
5.204(11) with respect to hours during which business may be
conducted, and business opening on New Year' s Day, Memorial Day,
Fourth of July and Labor Day for merchants who obtain their
merchandise solely from eleemosynary organizations upon a showing
by the licensee that the requirements of 5.204(11) would impose an
undue burden on the licensee and would not further the underlying
purposes of this section.
Page 25
AND
Section 5.205 of Ordinance No. 853, City Code of 1977, pertaining
to the Licensing of Pawnbrokers which currently reads as follows,
to wit:
5.2o5(1)
No person shall engage in or conduct a pawn broker business without
a license issued pursuant to this chapter.
(a) For purposes of this section, a pawnbroker shall be defined as: a
person who loans money on deposit or pledge of personal property or
other valuable thing, or who deals in the purchasing of personal
property or other valuable thing on condition of selling the same
secured by chattel mortgage on personal property, taking possession
of the property or any part thereof so mortgaged.
(b) No person shall exhibit and maintain any sign usually known as a
pawnbroker's sign, such as "three balls", or any number of balls, or in
any manner advertise to loan money on deposit, or pledge of personal
property or other valuable thing, without being licensed under this
section.
5.205(2)
Every licensee under this section shall keep a book in which shall be
clearly written in ink, at the time of each loan or purchase, an accurate
account or description, in the English language, of the goods, article
or other thing pawned, pledged or purchased, the amount of money
loaned or paid therefor, the time of the receipt of the same, the name,
residence and description of the person pawning, pledging or selling
the same. For each article pawned, pledged or purchased, the licensee
shall record all serial numbers and an "operation identification"
number for each article in the book required hereunder. The book
shall also indicate the disposition of each item, including the name and
address of the receiver of said item, the date of transfer, and the
consideration for said transfer. Such book, as well as the article
pawned or purchased, shall at all reasonable times be open to the
inspection by the Mayor or any member of the police force.
5.205(3)
No licensee under this section shall receive as a pledge, or purchase
any revolver, pistol, blackjack or sawed-off shot gun and shall not
display any such item for sale in the shop or the shop window.
5.205(4)
Every licensee under this section shall have the duty to report to the
Police Department any article pledged with him, if the licensee or his
agent has reason to believe that the article was delivered to him from
a person other than the rightful owner, or an agent of the owner.
5.205(5)
License applicants under this section shall provide a statement on the
application indicating whether the applicant has ever been convicted
of the offense of
Page 26
receiving stolen goods, burglary, robbery, or theft. Such a conviction
may be grounds for denial of said license application.
5.205(6) Prior to issuance of a license under this section, the license applicant
shall file a bond in the sum of $5,000.00 with the Clerk. Said bond
shall be conditioned upon observation of and compliance with all
provisions of this Code relating to second hand merchants, and upon
delivery to any person legally entitled thereto, any goods, wares or
merchandise, article or thing, which may have come into his hands
through his licensed business or in lieu thereof will pay in money to
such person or persons the reasonable value thereof.
5.205(7)
Every licensee under this section purchasing or receiving on deposit
for a loan any article or personal property shall give to the person
selling or depositing such article or personal property a plain written
or printed ticket or receipt for the article or personal property so sold
or deposited, showing the terms of such sale or loan and a copy of the
entries in his book above required relating to such sale or loan.
5.205(8)
Every licensee under this section shall make out and deliver to the
Police Department every day before noon, a legible and correct copy,
from the book required in 5.205(2) of all personal property or other
valuable things received or deposited or purchased during the
preceding day, together with the time when received or purchased and
a description of the person or persons by whom left in pledge, or from
whom the same were purchased.
(a) Notwithstanding the aforementioned provisions, no person shall
be required to furnish such description of any property purchased
from merchants, manufacturers or wholesale dealers having an
established place of business, or of goods purchased at open sale from
any bankrupt stock.
(b) Such property or goods must be accompanied by a bill of sale or
other evidence of open or legitimate purchase, which must be shown
to the Mayor or any member of the police force when demanded.
5.205(9)
No personal property received on deposit by any licensee under this
section shall be redeemed for a period of 48 hours next after the
delivery to the Police Department of the copy and statement relating
thereto as required in 5.205(8), and no personal property purchased
by said licensee shall be sold or disposed of in any way within the
period of 10 days next after the delivery to the Police Department of
the copy and statement relating thereto.
5.205(10)
Whenever the Chief of Police, or any member of the police force
designated by the Chief of Police, shall notify any such dealer or
dealers not to sell any property so received on deposit or purchased
by them, or permit the same to be redeemed, such
Page 27
property shall not be sold or permitted to be redeemed until such time
as may be determined by the Chief of Police or member of the police
force designated by the Chief of Police so requiring them to be held.
5.205(11)
No person shall exhibit and maintain any sign usually known as a
pawnbroker's sign, such as "three balls", or any number of balls, or in
any manner advertise to loan money on deposit, or pledge of personal
property or other valuable thing, without being licensed under this
section.
5.205(12)
Licensees under this section shall be restricted to the following hours
for conducting business:
(a) No property shall be received as a pledge or purchase by any
dealer; nor shall any property except personal wearing apparel be sold
during said hours by any dealer, from 11:00 p.m. Saturday to 7:00
a.m. Monday, nor on any other day before 7:00 a.m., nor on any day,
except Saturday, after 9:00 p.m.
(b) No other business shall be conducted:
From 9:00 p.m. Monday to 8:15 a.m. Tuesday, or
From 9:00 p.m. Thursday to 8:15 a.m. Friday;
From 6:00 p.m. Tuesday, Wednesday and Friday to
8:15 a.m. of the following day;
From 6:00p.m. Saturday to 87:15 a.m. of the
following Monday; or on
New Year's Day, Memorial Day, Fourth of July,
Labor Day, Thanksgiving Day, and Christmas Day.
(c) Notwithstanding the foregoing, any business may be open until
9:00 p.m. from December 14 to December 24, inclusive, excluding
Sundays.
5.205(13)
No licensee under this section shall purchase or receive on deposit any
personal property, goods, wares, merchandise, article or thing, from
minors, persons of unsound mind, or intoxicated persons.
AND
Section 5.611, of Ordinance No. 853, City Code of 1977, pertaining
to the Licensing of Precious Metal Dealers which currently reads as
follows, to wit:
Page28
5.611(1)
(a) No person or organization, except a bona fide non-profit coin
club, shall engage in or conduct a business dealing in precious metals
without a license issued pursuant to the provisions of this section.
(b) This section shall not relieve any person or organization dealing
in items other than precious metals at the same or a different location,
from the requirement of obtaining other licenses required by this
Code.
(c) This section shall not apply to the purchase of secondhand items
containing precious metal for resale in unaltered form to the general
public at retail, as an incidental part of a regular business.
(d) This section shall not apply to persons engaging in coin collecting
as a hobby who make less than twenty (20) purchases and sales within
a calendar year.
5.611 (2)
Definitions. For purposes of this section, the following words shall
have the meanings ascribed to them:
(a) "Precious Metal Dealer" shall mean any person, co-partnership or
corporation, either as principal or agent, who engages in the business
of buying or selling secondhand items containing precious metals,
including but not limited to jewelry, watches, coins, eating utensils,
candlesticks, decorative objects and ingots.
(b) "Precious Metal" shall mean gold, silver and platinum.
5.611 (3) Application.
(a) Every person or organization desiring a license to deal in precious
metals shall apply to the City Council for a license on an application
form provided by the City Clerk. The application shall contain all
information required by the City Clerk including:
(i) Name, place and date of birth and street residence
of the applicant.
(ii) The business address and the name and address of
the owner of the premises.
(iii) A statement whether, within the preceding ten
years the applicant has been convicted of any crime,
petty misdemeanor or municipal ordinance relating to
receiving stolen goods, theft, burglary, robbery,
damage or trespass to property or operation of a
business; the nature and date of the offense and the
penalty assessed.
Page 29
5.611 (4)
(iv) A statement whether the applicant is a natural
person, corporation or partnership.
(aa) If the applicant is a corporation,
the state of incorporation and the
names and addresses of all officers and
directors.
(bb) If the applicant is a partnership,
the names and addresses of all
partners;
(v) The name of the manager of proprietor of the
business.
(b) Execution of Application - If the applicant is a natural person, the
application shall be signed and sworn to by the person; if a
corporation, by an agent authorized to sign; if a partnership, by a
partner.
(c) The Chief of Police or his designee shall investigate into the
truthfulness of the statements set forth in the application and shall
endorse his findings thereon. The applicant shall furnish to the Chief
of Police such evidence as he may reasonably require in support of the
statements set forth in the application.
(d) False Statements in Application - No person shall make any
material false statement in any application. In addition to other
penalties, the licensee's license may be revoked by the City Council for
a violation of this section.
Bond Required.. Prior to the issuance of a license under this section,
the applicant shall file a five thousand dollar ($5,000.00) bond with
the City Clerk. Said bond shall be conditioned that the principal
named will observe and comply with all laws and the provisions of this
Code relating to dealers in precious metals, and will conduct business
in conformity thereto, and that the principal will account for and
deliver to any person legally entitled any goods which may have come
into the principal's hand through the principal's business as dealer in
precious metal items, or in lieu thereof, will pay the reasonable value
in money to the person.
5.611(5)
License Fee. The annual license fee for a precious metal dealer hall be
One Hundred Dollars ($100.00). In addition to the fee specified
above, an additional One Hundred Dollars ($100.00) fee shall be paid
by an applicant:
(a) Upon initial application for the license specified in this section,
and
(b) Upon application for the license specified in this section after
failing to renew the license within one (1) year of the expiration date
of the previously held license.
Page 30
The One Hundred Dollars ($100.00) fee shall not be refunded whether
or not the license sought is granted. The amount of the license fee
may hereafter be amended by resolution of the Council.
5.611 (6)
Expiration of License. All licenses issued under this section shall
expire on December 31 of each year.
5.611 (7)
Business at only one place. A license under this section shall
authorize the licensee to carry on its business only at the permanent
place of business designated in the license. The licensee shall either
own the building in which the business is conducted or have a lease on
the business premises which extends for more than six (6) months. No
license may be transferred to a different location or a different person.
No licensee or agent thereof shall store any items containing precious
metal at any location other than the address listed on the license.
5.611(8)
Records Required. Every precious metal dealer shall, at the time of
purchase or consignment of a good, immediately record clearly in ink,
in the English language in a book, an accurate account containing the
following information:
(a) A complete description of the item, including but not limited to:
(i) Type and size of item;
(ii) Kind and quality of metal;
(iii) any engravings or distinguishing characteristics;
(iv) any gems attached;
(v) date, mint, and condition of all coins
(b) Purchase or consignment price;
(c) Time and date of receipt;
(d) Name, residence address, and driver's license number (or
equivalent identification where a driver's license is not available) of the
person selling or consigning the good.
The book as well as the goods purchased or consigned shall at all
reasonable times be open to inspection of the Mayor or any member
of the Police Department. Entries in the book shall be retained for at
least three (3) years.
Page 31
5.611 (9)
Receipt to Seller. Each precious metal dealer shall provide a receipt
to the seller or consignor of any item which shall include:
(a) The name, address and phone number of said precious metal
dealer;
(b) The date;
(c) A description of the item purchased as provided in Section
5.61 l(8)(a) herein;
(d) The purchase price;
(e) The signature of the person purchasing or receiving the item.
A copy of each receipt shall be kept on file at the place of business
designated in the dealer's license. Each receipt shall be open to
inspection in the same manner as the records required by Section
5.611 (7).
5.611(10)
Payment by check only. Payment to the seller or consignor shall be by
check only, made payable to a named payee who is the actual intended
seller.
5.611(11)
Photographs required. Every licensee shall maintain photographic
equipment at its place of business capable of taking high quality color
photographs of both the individual selling or consigning items and the
items sold or consigned. The photographic equipment maintained
shall be of a type and quality approved by the City Clerk. When a
licensee, or an agent or employee thereof, receives any precious metal
item except coins, he or she shall photograph the individual selling or
consigning such item and each item received. The photographs
required by this section shall be maintained along with the other
records required by this section in such a manner that they can be
readily matched and correlated with all other records of the
transaction to which they relate. Such photographs shall be available
to the police department upon request.
5.611 (12)
Reports to Police. Every precious metal dealer shall make out and
deliver to the Police Department every day before noon, upon a form
approved by the Police Department, a legible description of the goods
purchased during the preceding day, together with the time purchased
and the name and address of the person from whom the goods were
purchased. The description of the goods shall include:
(a) A complete description of the item, including but not limited to:
(i) Type and size of item;
(ii) kind and quality of metal;
Page32
(iii) any engravings or distinguishing characteristics;
(iv) any gems attached;
(v) date, mint, and condition of all coins
(b) Purchase or consignment price;
(c) Time and date of receipt
No person shall be required to furnish reports of bulk sales from
merchants, manufacturers or wholesale dealers of precious metal or
of goods purchased at open sale from bankrupt stock. Bulk sales
must be accompanied by a bill of sale or other evidence of purchase
which must be shown to any member of the Sheriff or Police
Department upon demand.
Every licensee under this section shall have the duty to report to the
Police Department any article delivered or transferred to his
possession, if the licensee or his agent has reason to believe that the
article was delivered to him from a person other than the rightful
owner or an agent of the owner.
No secondhand precious metal item purchased or received by any
precious metal dealer shall be altered, sold, divested of possession, or
disposed of in any way, for a period of thirty (30) days next after the
delivery to the Police Department of the copy and statement relating
thereto as required in this Section 5.611 (12).
5.611(13)
Police Order to Hold Property. Whenever the Chief of Police or his
designee, notifies a dealer not to sell an item, the item shall not be
sold, altered or removed from the licensed premises until authorized
to be released by the Chief of Police or his designee so requiring the
item to be held.
5.611 (14) Prohibited Acts.
(a) No person under eighteen (18) years of age shall sell or consign
or attempt to sell or consign any item to any dealer in precious metals.
No dealer in precious metals, nor any agent or employee thereof, shall
purchase or receive on deposit any item from any person under
eighteen (18) years of age.
(b) No dealer in precious metals, nor any agent or employee thereof,
shall purchase or receive on deposit any item from a person of
unsound mind or an intoxicated person.
Page 33
(c) No dealer in precious metals, nor any agent or employee thereof,
shall purchase or receive on deposit any items unless the seller
presents identification in the form of a driver's license, pictured
identification, or medicard.
5.611(15)
Denial, Suspension or Revocation. Any license under this section may
be denied, suspended or revoked for any of the following reasons:
(a) The use of proposed use is in conflict with the Columbia Heights
Zoning Code;
(b) The use or proposed use is in conflict with any health, building,
building maintenance or other provision of this Code or state law;
(c) Violation of any provision of this section;
(d) Fraud, misrepresentation or bribery in securing a license;
(e) Fraud, misrepresentation or false statements made in the course
of the applicant's business;
(f') Conviction of the applicant, any partner or shareholder of the
applicant, or any employee of the applicant within the preceding five
(5) years, of any crime, petty misdemeanor or municipal ordinance
relating to theft, receiving stolen goods, burglary, robbery, damage or
trespass to property or the operation of a business.
ARE HEREBY REPEALED AND HAVE BEEN REWRITTEN AND COMBINED AS
FOLLOWS:
5.204(1) Purpose. The City Council of the City of Columbia Heights finds that
pawnbrokers, secondhand goods merchants and precious metal dealers potentially
provide an opportunity for the concealment of crimes because such businesses have
the ability to receive and transfer stolen property easily and quickly. The City Council
also finds that consumer protection regulation is warranted in transactions involving
pawnbrokers, secondhand goods merchants and precious metal dealers. The purpose
of this Ordinance is, therefore, to prevent pawnbroking, secondhand goods and
precious metal businesses from being used as facilities for commission of crimes and
to assure that such businesses comply with the basic consumer protection standards,
thereby protecting the public health, safety and general welfare of the residents of
the City.
5.204(2) License Required. No person shall exercise, operate, carry-on or be
engaged in the business of pawnbroker, secondhand goods merchant or precious
metal dealer within the City unless such person is currently licensed under this
Chapter. A license under this chapter shall authorize the licensee to carry on
business only at the permanent place of business designated in the license. No
license may be transferred to a different location or different licensee. A separate
license will be required for each business in this chapter. For instance, a pawnbroker
may not conduct, operate or engage in the business of secondhand goods dealer
without having obtained a secondhand goods dealer license in addition to a
pawnbroker license.
5.204(3) Definitions. The following words and terms when used in this chapter shall
have the following meanings:
Antique: Work of art, furniture, decorative object made at an earlier period at least
30 + years old.
Minor: Any natural person under the age of 18 years.
Pawnbroker: A person who loans money on deposit or pledge of personal property
or other valuable items or who deals in the purchasing of personal property or other
valuable items on condition of selling the same back again at a stipulated price or who
loans money secured by security interest on personal property or any part thereof.
This chapter does not apply to a person doing business under and as permitted by
any law of this State or of the United States relating to banks, building and loan
associations, savings and loan associations, trust companies or credit unions.
Person: One or more natural persons; a partnership, including a limited partnership;
a corporation, including a foreign, domestic or nonprofit corporation; a trust; a
political subdivision of the state; or any other business organization.
Precious Metals Dealer: Any person, partnership or corporation, either as principal
or agent, who engages in the business of buying or selling secondhand hand items
containing precious metal, including but not limited to jewelry, watches, coins, eating
utensils, candlesticks, decorative objects and ingots.
Precious Metals: Silver, gold or platinum.
Secondhand Goods Dealer/Merchant: A person engaging in the business of buying
or selling, or both, of any secondhand goods or merchandise previously sold for
public consumption.
5.204(4) EXEMPTIONS.
A. Pawnbrokers and secondhand goods dealers shall not apply to or
include the following:
1. The sale of secondhand goods where all of the
following are present:
a. The sale is held on property occupied as a
dwelling or owned, rented or leased by a
charitable or political organization.
b. That no sale exceeds a period of 48
consecutive hours.
c. That no more than two (2) sales are held
in any twelve (12) month period.
d. That none of the items offered for sale
shall have been purchased for resale or
received on consignment for the purpose of
resale.
2. The sale of secondhand books or magazines, sport
trading cards, sound or video recordings, films, or
electronic game cartridges.
3. The sale of goods at an auction held by a State licensed
auctioneer.
4. The business of buying or selling only those
secondhand goods taken as a part or full payment for new
goods and where such business is incidental to and not the
primary business of a person.
5. A bulk sale of property from a merchant, manufacturer
or wholesaler having an established place of business or of
goods sold at open sale from bankrupt stock.
6. Goods sold at what is commonly known as a farmer's
market. Farmer's market allows the sale of vegetables,
fruits, garden produce, farm produce, and arts and crafts
specifically defined as items which are handmade and sold
only by the creator of the item or the creator's immediate
family.
7. Goods sold at an exhibition, providing the exhibition
does not last longer than ten (10) days in any twelve (12)
month period.
8. Sales by a person licensed as a motor vehicle dealer.
9. The exclusive sale of antiques.
10. A merchant exclusively selling secondhand clothing or
clothing on consignment, or secondhand furniture.
11. Sales made by the sheriff or other public officials in
the discharge of their official duties.
12. Sales made by assignees or receivers appointed in the
state to make sales for the benefit of creditors.
B. Precious Metal Dealers shall not apply to persons conducting the
following transactions:
1. Transactions at occasional "garage" or "yard" sales,
estate sales or farm auctions held at the decendent's
residence, except that precious metal dealers must comply
with the requirements of Minnesota Statutes, Sections
32§F.734 to 32§F.742, for these transactions.
2. Transactions regulated by Minnesota Statutes, Section
80A.
3. Transactions involving the purchase of precious metal
grindings, filings, slag, sweeps, scraps, or dust from an
industrial manufacturer, dental lab, dentist or agent thereof.
4. Transactions involving the purchase of photographic
film, such as lithographic and X-ray film, or silver residue
or flake recovered in lithographic and X-ray film processing.
5. Transactions involving bullion.
6. Transactions in which the secondhand item containing
precious metal is exchanged for a new item containing
precious metal and the value of the new item exceeds the
value of the secondhand item.
7. Transactions between precious metal dealers if both
dealers are licensed under Minnesota Statutes, Section
32§F.733 or if the seller's business is located outside the
state to a dealer licensed under Minnesota Statutes,
Section 32§F.733.
,5.204(5) LICENSE APPLICATION CONTENT
Applications for a pawnbroker license, secondhand merchant license or precious
metals dealers license to be issued under this Chapter shall contain information as
required on forms supplied by the City. The application shall state whether the
applicant is a natural person, partnership, corporation or other form of organization.
A. Full legal name, place and date of birth, street residence address and
length of time at that address of the applicant.
B. Whether applicant has ever used or been known by a name other
than his true name and, if so, what was such name or names, and
information concerning dates and places where used.
C. The name of the business if it is to be conducted under a
designation, name or style other than the full individual name of the
applicant.
D. Kind, name and location of every business or occupation applicant
has been engaged in during the preceding five (5) years.
E. Names and addresses of applicant's employers and partners, if any,
for the preceding five (5) years.
F. Whether applicant has ever been convicted of a felony, gross
misdemeanor or misdemeanor, excluding traffic violations, and, if so, the
date and place of conviction and the nature of the offense.
G. If the applicant has not resided in the City for three (3) years last
preceding the date of application, at least four (4) character references
from residents of the State of Minnesota must be provided.
H. If the applicant is a partnership, the names and addresses of all
partners and all information concerning each partner as is required of a
single applicant. A managing partner, or partners, shall be designated.
The interest of each partner in the business shall be disclosed.
I. If the applicant is a corporation or other association, the following
additional information shall be required.
1. Name and, if incorporated, the state of incorporation.
2. A true copy of the certificate of incorporation, articles
of incorporation or association agreement and by-laws and,
if a foreign corporation, a certificate of authority as
described in Minnesota statutes.
3. The name of the operating officer or proprietor or other
agent in charge of the premises to be licensed, giving all
the information about said person as is required of a single
applicant. As used in this Chapter, the term "operating
officer" shall mean the person responsible for the day-to-
day operating decisions of the licensed premises.
4. A list of all persons who, singly or together with their
spouse, or a parent, brother, sister or child or either of
them, own or control an interest in said corporation or
association in excess of five percent (5%) or who are
officers or directors of said corporation or association;
together with their addresses and all information as is
required of a single applicant.
J. The full legal name, address and home phone number of the manager
or proprietor of the business.
K. Each application shall be accompanied by a statement indicating the
amount of investment the applicant has in the business, building,
premises, fixtures, furniture, stock in trade, etc. and proof of source of
such money.
L. Whether the applicant holds a current pawnbrokers, secondhand
goods merchant or precious metal dealers license from any other
governmental unit.
M. Whether the applicant has previously been denied a pawnbroker,
secondhand goods merchant or precious metal dealers license from any
other governmental agency.
N. Whenever the application is for a premises either planned or under
construction or undergoing substantial alteration, the application shall be
accompanied by a set of preliminary plans showing the design of the
proposed premises to be licensed. If the plans or design are on file with
the City of Columbia Heights Building Inspection Department, no plans
need be submitted with the issuing authority.
0. The exact legal description of the premises to be licensed, together
with a plot plan of the area for which the license is sought showing
dimensions, location of buildings, street access parking facilities.
P. Such other information as the City Council or issuing authority may
require.
No person shall make any false statement in the application. In addition to other
penalties, the license may be revoked by the City Council for giving false information
on the application.
By submitting an application, the applicant consents to any and all investigations the
City deems appropriate and waives any claims the applicant may have. Copies of the
application shall be submitted to such other City departments as the City Council shall
deem necessary for the verification and investigation of the facts set forth in the
application.
5.204(6) LICENSE FEES.
At the time of each original application for a license, the applicant shall pay, in full,
an investigation fee. The investigation fee shall be as specified by the City Council.
The annual license fee shall be paid in full before the application for the license is
accepted. Upon rejection of any application for a license or upon withdrawal of an
application before approval of the issuance by the City Council, the license fee only
shall be refunded to the applicant except where rejection is for a willful misstatement
in the license application. If any investigation outside the State of Minnesota is
required, the applicant shall be charged the cost which shall be paid by the applicant,
prior to issuance of a license, after deducting the initial investigation fee, whether or
not the license is granted.
The annual license fee for renewal of a license shall be paid in full at the time the
renewal application is filed with the City. An application for the renewal of an
existing license shall be made to the Clerk at least thirty (30) days prior to the
expiration date of the license.
All licenses issued under this section shall expire as of midnight on December 31st
of the year of issuance. Each license shall be issued to the applicant only and shall
not be transferable to another person or for another location.
5.204(7) BOND REQUIRED.
At the time of filing an application for a license under this Section, the applicant shall
file a bond in the amount of $5,000 with the City. The bond, with a duly licensed
surety company as surety thereon. Said bond must be conditioned that the licensee
shall observe the ordinances of the City, in relation to the business of pawnbroker,
secondhand merchant or precious metal dealer, and that the licensee will account for
and deliver to any person legally entitled thereto any articles which may have come
into the possession of the licensee as pawnbroker, and/or secondhand merchant,
and/or precious metal dealer or in lieu thereof such licensee shall pay the person or
persons the reasonable value thereof.
Such bond shall be maintained so long as the licensee does business as such for the
benefit of the City or any person who shall suffer any damage through the act of such
licensee and shall not be terminated without the bond company giving written notice
thirty (30) days in advance of the termination date to the City License Clerk.
5.204(8) PERSONS AND LOCATIONS INELIGIBLE FOR A LICENSE.
No license under this Section shall be granted to or held by any person who:
A. Is a minor at the time the application is filed.
B. Is not a citizen of the United States or a resident alien.
C. Is not of good moral character or repute.
D. Has had a pawnbroker, secondhand goods merchant, or precious
metal dealer license revoked in the last five (5) years.
E. Has been convicted of a state or federal law relating to receiving
stolen property, sale of stolen property or controlled substance,
burglary, robbery, theft, damage or trespass to property, operation of a
business, or any law or Ordinance regulating the business of
pawnbrokers, secondhand goods merchants or precious metal dealers.
F. In the judgment of the Council, is not the real party in interest or
beneficial owner of the business operated, or to be operated, under the
license.
G. No license shall be granted for operation of any premises located in
a residential district of the City. A Pawnbroker license is allowed only
in the General Business District of the City. A Precious Metal Dealer
and/or Secondhand Goods Merchant operations are allowed in the
Central Business District and Retail Business Districts of the City. (
Alternate wording: *All uses as described in this section shall comply
with the Zoning Ordinance of the City.)
H. No license shall be granted or renewed for operation of any premises
on which real estate taxes, assessments or other financial claims of the
City or of the State are delinquent or unpaid.
I. Holds an intoxicating liquor license under this Code.
Section 5.204(9) CONDITIONS OF LICENSES.
A. Records. Each licensee hereunder shall keep a record of each
transaction at the time of receipt of an article deposited, left, sold,
purchased, pledged or pawned. Said records shall be legible, made in
ink and shall be in the English language. The records so kept shall
include the following information about each transaction:
1. The full legal name, address, telephone number, date of
birth and a reasonably accurate description of the person
from whom the item was received including, at a minimum,
the sex, height, weight, race, color of eyes and hair.
2. The time, date and place of transaction.
3. An accurate description of the article, in English; any
and all numbers written, stamped, impressed or engraved
thereon; any identifying marks; any gems attached; and the
name of the manufacturer and model if indicated on the
article.
4. The amount of money loaned upon or paid for the item
or the purchase or consignment price.
5. The identification number from one of the following
forms of identification of the person from whom the item
was received:
(a) A valid Minnesota photo driver's license;
or
(b) A valid Minnesota photo identification
card; or
Page 41
(c) A valid photo identification issued by the
state of residency of the person from whom
the item was received and one other form of
identification.
6. Any other information the Police Department may
require or deem necessary.
7. Date, mint, and condition of all coins.
B. Disposition of Articles. When any article is sold or disposed of by
the licensee, the records shall contain an account of such sale with the
date thereof, interest and charges accrued, the amount for which the
article was sold and full legal name, current address and telephone
number of the person to whom sold.
C. Inspection of Records. The records referred to in this Section shall
be open to the inspection of the Police Department at all reasonable
times and shall be retained by the licensee for at least four (4) years.
D. Receipt. Every licensee shall deliver to the person pawning,
pledging, selling, leaving or depositing any articles, a certificate
numbered to correspond with the licensee's records. The certificate
shall contain the substance of the record.
E. Reports to Police Department. Every licensee shall prepare and
deliver to the City, each day, in the manner and form prescribed by the
City, a legible, correct and complete record of the hereinbefore required
account of all personal property or other valuables received, deposited,
purchased, pledged, pawned, sold or otherwise disposed of during the
preceding day.
F. Exceptions To Reports. No licensee shall be required to furnish
descriptions of any property purchased from manufacturers and
wholesale dealers having an established place of business or of any
goods purchased at an open sale from any bankrupt stock or from any
other person doing business and having an established place of
business. Any goods referred to in this section must be accompanied
by a bill of sale or other evidence of open or legitimate purchase and
must be shown to the Police Department when demanded.
G. Redemption Period. Any person pledging, pawning or depositing an
article of property for security shall have a minimum of one hundred
twenty (120) days from the date when the loan or pledge becomes due
and payable to redeem the article before the article becomes forfeitable.
No article of property on deposit with any licensee nor property
purchased by or sold to, or in any other way coming into possession and
under the control of any licensee in the due course of business, shall be
permitted to be redeemed from the place of business of the
licensee for a period of seventy-two (72) hours, nor shall the property
be sold within ten (10) days, after the record required to be delivered to
the City has been delivered.
Whenever any police officer, acting in the course and scope of his or her
duties, shall notify a licensee not to sell or permit to be redeemed any
articles of property received on deposit or purchased by the licensee, the
articles shall not be permitted to be redeemed or sold until such time as
may be determined by the Police Chief or designee.
H. Payment By Check. Payment by licensee for any article deposited,
left, purchased, pledged or pawned shall be made only by a check, draft
or other negotiable or nonnegotiable instrument or order of withdrawal
which is drawn against funds held by a financial institution.
I. Posting of License. All licensees shall post their licenses, in a
conspicuous place, in the licensed premises under the licensed activity.
J. Responsibility of Licensee. The conduct of agents or employees of
a licensee, while engaged in performance of their duties for their
principal or employer under such license, shall be deemed the conduct
of the licensee.
K. Penalty For Property Owner. It is unlawful for any person who owns
or controls any real property to knowingly permit it to be used for
pawnbroking without a license required by this Section.
5.204(10) RESTRICTED TRANSACTIONS.
A. No licensee shall be open for the transaction of business on any day
of the week before 7:00 a.m. or after 10:00 p.m.
B. No licensee shall purchase, accept or receive any article of property
from any person under eighteen years of age nor from intoxicated
persons, nor those of unsound mind.
C. No licensee shall purchase, accept or receive any article of property
which contains an altered or obliterated serial number or any article of
property whose serial number has been removed.
D. No licensee under this section shall receive as a pledge, or purchase
any revolver, pistol, blackjack or sawed-off shot gun and shall not
display any such item for sale in the shop or the shop window.
E. No licensee shall purchase, accept or receive any article of property
knowing, or having reason to know, that the article of property is
encumbered by a security interest. For the
purpose of this section, "security interest" means an interest in property
which secures payment or other performance of an obligation.
F. No licensee shall purchase, accept or receive any article of property,
from any person, knowing, or having reason to know, that said person
is not the true and correct owner of the property.
G. No licensee shall purchase, accept or receive any article of property,
from any person, without first having obtained one of the following
forms of identification from the person:
1. A valid Minnesota photo driver's license; or
2. A valid Minnesota photo identification card.
3. A valid photo identification issued by the State of
residency of the person from whom the item was received
and one other form of identification.
No other forms of identification shall be acceptable.
5.204(11) INSPECTIONS.
A. Stolen Goods. Any licensee shall, at all times during the term of the
license, allow any Police Officer to enter or inspect the premises, where
the licensee is carying on business, and all records pertinent to the
operation of the business for the purpose of locating articles of property
suspected or alleged to have been stolen. No licensee shall conceal any
article in his possession from any Police Officer.
Articles of property determined, upon investigation, to be stolen may be
seized as evidence from the licensee by any Police Officer and returned
to the rightful owner in accordance with the provisions of Minnesota
Statute 609.523.
No licensee may obstruct, hinder, or otherwise interfere with any police
investigation concerning stolen articles of property discovered on the
licensee's premises.
A licensee must report to the Police Department any article of property
pawned or received, or sought to be pawned or received, if the licensee
has reason to believe that the article of property was stolen or lost.
B. Inspection by Claimed Owner. All articles of property coming into
the possession of any licensee, under the terms hereof, shall at all times
be open to inspection and right of examination of any person claiming
to have been the owner thereof or claiming to have had any interest
therein when such person is accompanied by a Police Officer.
5.204(12) CONDUCT OF PERSONS ON LICENSED PREMISES.
A. No person may pawn, pledge, sell, leave, or deposit any article of
property not their own; nor shall any persons pawn, pledge, sell, leave,
or deposit the property of another, whether with permission or without;
nor shall any person pawn, pledge, sell, leave, or deposit any article of
property in which another has a security interest; with any licensee.
B. No minor may pawn, pledge, sell, leave, or deposit any article of
property with any licensee.
C. No person may pawn, pledge, sell, leave, or deposit an article of
property with a licensee without first presenting identification in the
form of a Minnesota photo drivers license; a Minnesota photo
identification card; or a photo identification issued by the state of
residency of the person and one other form of identification to the
licensee.
D. All licensee's shall, by adequate signage and separate written notice,
inform persons seeking to pawn, pledge, sell, leave, or deposit articles
of property with the licensee of the foregoing sections.
For the purposes of this section, "adequate signage" shall be deemed to
mean at least one sign, of not less than four (4) square feet in surface
area, comprised of lettering of not less than 3/4 of an inch in height,
posted in a conspicuous place on the licensed premises and stating
substantially the following:
TO PAWN OR SELL PROPERTY:
YOU MUST BE AT LEAST 18 YEARS OF AGE.
YOU MUST BE THE TRUE AND CORRECT OWNER OF THE
PROPERTY.
THE PROPERTY MUST BE FREE AND CLEAR OF ALL
CLAIMS OR LIENS.
YOU MUST PRESENT A PHOTO IDENTIFICATION.
VIOLATION OF ANY OF THESE REQUIREMENTS IS A
CRIME.
For the purposes of this section "separate written notice" shall be
deemed to mean the certificate, hereinbefore required to be delivered to
the person pawning, pledging, selling, leaving, or depositing an article
of property with a licensee; incorporating a statement to the effect that
the person pawning, pledging, selling, leaving, or depositing the article
is at least 18 years of age; is the true owner of the article; and that the
article is free and clear of all claims and liens; and requiring a signature
of acknowledgement by the person pawning, pledging, selling, leaving,
or depositing the article as to the statement.
E. No person seeking to pawn, pledge, sell, leave, or deposit any article
of property with a licensee shall give a false or fictitious name; nor give
a false date of birth; nor give a false or out of date address of residence
or telephone number; nor present a false drivers license or identification
card; to any licensee.
5.204(13) CORPORATIONS, PARTNERSHIPS OR ASSOCIATIONS.
A. Licenses issued to corporations shall be valid as long as there is not
change in the officers or ownership interest of the corporation unless
such change is approved by the City Council, in which event said license
shall continue in force until the end of the then current license year.
Failure to report any change in stockholders, officers, or managers shall
be grounds for the revocation of all licenses held by the corporation.
Every corporation licensed under the provisions of this section shall
adopt and maintain in its bylaws a provision that no transfer of stock is
valid or effective unless approved by the City Council and shall require
that all of its certificates of stock shall have printed on the face thereof:
"The transfer of this stock certificate is invalid unless approved by the
City Council for the City of Columbia Heights, Minnesota," and failure
to comply with this provision shall be grounds for the revocation of all
licenses held by the corporation. The provisions of this section shall not
apply to the issuance of any license to a corporation whose stock is
traded on a public stock exchange.
B. Licenses issued to associations or partnerships shall be valid only as
long as there is no change in the partnership or association agreement
or in the ownership of said partnership or association unless such
change is approved by the City Council, in which event said license shall
continue in force until the end of the then current license year.
C. Corporation, partnerships or associations shall submit written notice
to the City of any such changes described herein on or before thirty (30)
days prior to the effective date of any such change. In case of a
corporation, the licensee shall submit written notice to the City when a
person not listed in the initial application will be acquiring an interest and
shall give all information about said person as is required of a person
pursuant to the provisions of this section.
5.204(14) DENIALS, SUSPENSION OR REVOCATION.
A. It is unlawful for any applicant to make a false statement or omission
upon any application form. Any false statement in such application, or
any omission to state any information called for on such application
form, shall upon discovery of such falsehood, work an automatic refusal
of license, or if already issued, shall render any license issued pursuant
thereto, void. Prior issuance is no effect to protect the applicant from
prosecution for violation of this section or any part thereof.
B. The City Council may suspend or revoke a license issued under this
section for operation on any premises on which real estate taxes,
assessments or other financial claims of the City or of the State are
delinquent, or unpaid.
C. The City Council may suspend or revoke a license issued under this
section upon a finding of a violation of any of the provisions of this
section or any State Statute regulating pawnbrokers. Any conviction by
the pawnbroker for theft, receiving stolen property or any other crime
or violation involving stolen property, damage to or trespass of property,
sale of a controlled substance, or the operation of abuisness committed
by the applicant or any employee or agent of the applicant shall result
in the immediate suspension pending a hearing on revocation of any
license issued hereunder.
D. Except in the case of a suspension pending a hearing on revocation,
a revocation or suspension of a license by the City Council shall be
preceded by a public hearing. The hearing notice shall be given at least
ten (10) days prior to the hearing, include notice of the time and place
of the hearing, and shall state the nature of the charges against the
licensee.
5.204(15) PENALTIES.
Violation of any provision of this section shall be a misdemeanor and, upon conviction
thereof, shall be punished according to prevailing State Laws.
5.204(16) SEPARABILITY.
Should any section, subdivision, clause or other provision of this section be declared
by a court of competent jurisdiction to be invalid, such decision shall not affect the
validity of the section as a whole or any part other than the part so declared to be
invalid.
SECTION 6:
Section 5.206, of Ordinance No. 853, City Code of
1977, pertaining to the Licensing of Christmas Tree
Sales, which currently reads as follows, to wit:
5.206 (1)
No person shall for consideration, trade, barter or sell at retail any cut
evergreen fir, spruce or other tree for use as a decorative Christmas
tree without a license issued pursuant to the provisions of this chapter.
No person shall be licensed to operate an open sales lot pursuant to
this section unless such applicant has first obtained a Conditional Use
Permit to operate such a lot.
Page 47
5.206 (2)
Licenses shall be issued for a period of three months commencing on
October 1 st of each year, and expiring on December 31 st of each year,
notwithstanding 5.103 (1) (a) of this Code.
5.206 (3)
License applicants under this section shall indicate on the application
the method of fireproofing trees that will be utilized, if any.
5.206 (4)
The Council may refer the application to the Chief of the Fire
Prevention Bureau for recommendations prior to taking action on the
license application.
5.206 (5)
Prior to the issuance of a license by the Clerk, the license applicant
shall deposit with the Treasurer such sum as is set by resolution of the
Council. After January 1st, the Health and Safety Inspector shall
inspect the licensed premises to determine whether the premises have
been cleaned up, and no public nuisance as defined by this Code,
remains on the site.
(a) If a public nuisance is present, as determined by the Health and
Safety Coordinator, said official shall notify the licensee to have the
nuisance abated no later than January 15.
(b) After January 15, the City may abate the public nuisance and
deduct the cost of abatement from the deposit.
(c) On January 31 st, the City shall refund the deposit to the licensee,
or any remaining part of said deposit, and shall provide a statement of
any public expense incurred for the nuisance abatement.
5.206 (6)
The Council may waive the licensing requirements of this section
where all trees to be sold, traded, or bartered are less than 36" in
height and fireproofed in a manner approved by the Chief of the Fire
Prevention Bureau.
5.206 (7)
Licensees shall post "No Smoking" signs throughout the lot in such
places as are designated by the Chief of the Fire Prevention Bureau.
Said signs shall be maintained in the designated locations until all trees
have been removed from the lot.
5.206 (8) Before a permit is issued, the license applicant must submit a plot plan
showing the intended location of trees within the lot. The plan shall
provide not less than four feet (4') clearance around the perimeter of
the lot and at all points across each aisle. No license shall be granted
hereunder unless the said plan is first approved by the Chief of the Fire
Prevention Bureau. The licensee shall maintain the lot at all times in
accordance with the approved plan.
Page 48
5.206 (9)
Each licensee must have on the licensed premises at all times one (1)
properly operating Class ABC fire extinguisher
SHALL HEREAFTER BE AMENDED TO READ AS FOLLOWS:
5.206(1)
5.206(2)
5.206(3)
5.206(4)
No person shall for consideration, trade, barter or sell at
retail any cut evergreen, fir, spruce or other tree for use as
a decorative Christmas tree without a license issued
pursuant to the provisions of this Chapter.
No person shall be licensed to operate an open sales lot
pursuant to this section unless such applicant has first
obtained a Conditional Use Permit to operate such a lot.
Licenses shall be issued for a period of three months
commencing on October 1st of each year and expiring on
December 31 st of each year, notwithstanding 5.103(1 )(a)
of this Code.
The City Council may refer the application to the Chief of
the Fire r,=v=, ,L,~,,, ~u, =ou Department for recommendation
prior to taking action on the license application.
Prior to the issuance of a license by the Clerk, the license
applicant shall deposit with the Treasurer City such sum as
by City ..... "~-
is set resolution of the Council.,-,,^''A'L~, OO,'A--',~O, Y ,
The Health and Safety Inspector shall inspect the licensed
premises to determine whether the premises have been
cleaned up and no public nuisance, as defined by this
Code, remains on the site.
(a) If a public nuisance is present, as determined
(b)
(c)
by the Health and Safety Inspector, said
official shall notify the licensee to have the
nuisance abated no later than~o,' ........ ,uo, y I=,~
December 31.
After January 1.5 December 31, the City may
abate the public nuisance and deduct the cost
of abatement from the deposit.
On January 31 January 15, the City shall
refund the deposit to the licensee, or any
remaining part of said deposit, and shall
provide a statement of any public expense
incurred for the nuisance abatement.
5.206(5)
5.206(6)
5.2O6(7)
Licensees shall post "No Smoking" signs throughout the lot
in such places as are designated by the Chief of the Fire
Prevent:,on Dureau Department. Said signs shall be
maintained in the designated locations until all trees have
been removed from the lot.
Before a Conditional Use Permit is issued, the license
applicant must submit a site/plot plan showing the intended
location of trees within the lot. The plan shall provide not
less than four (4) feet clearance around the perimeter of
the lot and at all points across each aisle. No license shall
be granted hereunder unless the said plan is first approved
by the Chief of the Fire Prevent:,on Dureau Department.
The licensee shall maintain the lot at all times in
accordance with the approved site plan.
Each licensee must have on the licensed premises at all
times one (1) properly operating Class ABC fire
extinguisher.
SECTION 7:
Section 5.207, of Ordinance No. 853, City Code of
1977, pertaining to the Licensing of Motor Vehicle
Sales, which currently reads as follows, to wit:
5.207
No person shall engage in or conduct business as a dealer in new or
used motor vehicles in the City without a license issued pursuant to
the provisions of this chapter.
5.207 (2)
For purposes of this section, motor vehicle shall include automobiles,
motorcycles, snowmobiles and trucks.
5.207 (3)
No licensee under this section shall store any motor vehicles on any
public street in the City.
5.207 (4)
Every licensee under this section shall be governed by the following
regulations relating to consumer transactions:
(a) Each licensee or his agent or employee, shall at the time of any
sale give to the purchaser of a motor vehicle a written statement
signed by the licensee or his salesman or agent, showing the name of
the licensee and his address, the name of the person making the sale,
the date of the sale, the license number, if available, and the serial
number of such motor vehicle, the purchase price, and whether in cash
or on credit terms.
Page 50
If any licensee shall knowingly sell a motor vehicle which is subject to
a mortgage, lien or payments, the licensee shall state in writing to the
purchaser the amount of such mortgage, lien or payments, and the
name and address of the holder or owner of such a mortgage, lien or
other indebtedness.
(b) Each licensee or his agent or employee who sells a motor vehicle
directly or indirectly on credit shall disclose to the person purchasing
such motor vehicle all charges payable directly or indirectly by the
person to whom the credit is extended including the interest, time
price differential, or any amount payable under a system of additional
charges, any service charge, loan fee, finders fee, commission, rebate
or similar charge; any identification or credit report fee or any
premium or other charge for life, accident, health or other insurance,
including commission or rebate.
(c) No licensee or his agent or employee shall obtain the signature of
a purchaser to any blank contract, bill of sale, or other writing or
memorandum relating to the sale of motor vehicles.
(d) No licensee or his agent or employee shall sell a used motor
vehicle intended for use upon the public highways without first
certifying in writing that said used motor vehicle complies with the
requirements of Minnesota Statutes, Chapter 169.
(e) No licensee or his agent or employee shall change, set back,
disconnect, or fail to connect any odometer of any used motor vehicle
for the purpose ofeffecting the sale of such used motor vehicle, unless
the odometer reading has been turned back to zero.
(f) The licensee or his agent or employee shall furnish upon request
from a prospective purchaser, the name of the previous owner of any
used motor vehicle offered for sale.
(g) The licensee or his agent or employee shall sell only motor
vehicles for which the licensee has registered title. The licensee or his
agent or employee shall not transfer title of any motor vehicle from
any seller directly to any purchaser.
(h) No licensee or his agent or employee shall, subsequent to the time
of sale, substitute any part of a motor vehicle without the approval of
the purchaser.
s.207
The Council may revoke, suspend, or take such other action to restrict
the privileges of the licensee as it may determine upon a showing that
the licensee or his agent or employees knowingly violated any
provision of this section.
Page 51
SHALL HEREAFTER BE AMENDED TO READ AS FOLLOWS:
5.207(1)
No person shall engage in or conduct business as a dealer
in new or used motor vehicles in the City without a license
issued pursuant to the provisions of this Chapter.
5.207(2)
(a) For purposes of this section, motor vehicles shall
include but not necessarily be limited to automobiles,
trucks, motorcycles, snowmobiles, jet skis, boats, all
terrain vehicles, or other similar vehicle(s) propelled by a
motor and/or any vehicles requiring a State issued license.
(b) For purposes of this section, the term" Dealer" shall
be applied to any person engaged in the business of selling,
exchanging or otherwise disposing of, displaying,
advertising or offering for sale, new or used motor vehicles
as a principal business or occupation, or as an adjunct to
or incidental to any other business or profession.
5.207(3)
The application for a license shall be made in writing,
signed and verified by the applicant on forms provided by
the City. The application shall state the full legal name,
residence and age of the applicant, drivers license and
social security numbers; if a partnership, the full legal
names of all partners; if a corporation, the full legal names
of all the officers thereof. The application shall state the
business and residence addresses of all applicants for a
period of five (5) years prior to the date of application;
whether the applicant is the sole owner of the business to
be conducted; and shall state that no other persons than
those named in the application have any interest in the
management and control of such business.
5.207(4)
No licensee under this section shall store any motor
vehicles on any public street in the City.
5.207(5)
Every licensee under this section shall be governed by the
following regulations relating to consumer transactions'
(a)
Each licensee or his agent or employee, shall
at the time of any sale give to the purchaser
of a motor vehicle a written statement signed
by the licensee or his salesman or agent,
showing the name of the licensee and his
address, the name of the person making the
sale, the date of the sale, the license number,
if available, and the serial number of such
motor vehicle, the purchase price, and
whether in cash or on credit terms.
Page 52
(b)
Each licensee or his agent or employee, who
sells a motor vehicle must be in compliance
with all State and Federal regulations.
(c)
The licensee or his agent or employee shall
furnish upon request from a prospective
purchaser, the name of the previous owner(s)
of any used motor vehicle offered for sale.
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Page
53
5.207(6)
5.207(7)
The provisions of this Section shall apply to all sales
whether or not the motor vehicle sold or advertised for sale
is owned by the licensee, or whether such licensee is
acting as an agent or consignee for the owner.
The City Council may revoke, suspend, or take such other
action to restrict the privileges of the licensee as it may
determine upon showing that the licensee or his agent or
employees knowingly violated any provision of this section
or any State or Federal law(s).
SECTION 8:
Section 5.208, of Ordinance No. 853, City Code of
1977, pertaining to the Licensing of Gasoline
Stations, which currently reads as follows, to wit:
5.208 (1)
No person shall engage in or conduct the business of operating a
gasoline filling station without a license issued pursuant to the
provisions of this Chapter.
5.208 (2)
Applicants for a license under this section shall indicate on the
application the number of gasoline pumps to be installed on the
premises.
5.208(3)
The Clerk shall forward the application to the Chief of Fire Prevention
Bureau for a report indicating whether the proposed operation will be
in compliance with all provisions of the Fire Prevention Code.
5.208 (4)
No licensee under this section or his agent or employee shall fill or
allow to be filled, the gasoline tank of any motor vehicle while the
engine or motor of such vehicle is running or in motion, or while any
person is smoking in or about the pump area of the gasoline filling
station.
5.208 (5)
No licensee under this section or his agent or employee shall
deceptively mislead customers by displaying false or incomplete price
figures on signs that are designed to indicate the price of gasoline.
SHALL HEREAFTER BE REPEALED.
SECTION 9:
Section 5.209, of Ordinance No. 853, City Code of
1977, pertaining to the Licensing of L.P. Gas Service
Stations, which currently reads as follows, to wit:
5.209 (1)
An LP-GAS Service Station is a facility opened to the public which
consists of LP-GAS storage containers, piping and pertinent
equipment, including pumps or
Page 54
dispensing devices, or any buildings, and in which LP-GAS is stored
and dispensed into engine fuel containers of highway vehicles or into
portable or permanently mounted containers used for cooking or
heating. No person, firm, or corporation shall sell, dispense, or
distribute LP-GAS at an LP-GAS Service Station to the public
without a license issued pursuant to the provisions of this chapter.
5.209 (2)
Applicants for a license under this section shall provide such
information on the application pertaining to the requirements of this
section as is requested by the Administrative Service.
5.209 (3)
The Clerk shall forward the application to the Chief of the Fire
Prevention Bureau for a report indicating whether or not the proposed
operation will be in compliance with all the provisions of the Fire
Prevention Code and this section.
5.209 (4)
No license may be issued for any LP-GAS Service Station unless the
storage containers, piping and pertinent equipment, including pumps
and dispensing devices used in such LP-GAS Service Station are in
good working order and of adequate structural integrity. The licensee
shall maintain the licensed storage containers, piping, and pertinent
equipment, including pumps and dispensing devices in proper working
order and shall maintain the same in a condition of adequate structural
integrity at all times.
5.209 (5)
No license may be issued for any LP-GAS Service Station in which
LP-GAS is stored or dispensed at a point within fifty feet (50') of any
dwelling structure, within twenty-five feet (25') of any structure other
than an accessory structure, or within twenty-five (25') of the traveled
portion of any state highway. No person shall sell, dispense, or
distribute LP-GAS within fifty feet (50') of any dwelling structure,
within twenty-five feet (25') of any structure other than an accessory
structure or within twenty-five feet (25') of the traveled portion of any
state highway.
5.209 (6) No license may be issued for any LP-GAS service station unless the
applicant has met all of the following criteria, to-wit:
(i) The applicant must have filed with the City Fire Department a plan
for training licensee's employees in the proper handling and dispensing
of LP-GAS and in the use of the LP-GAS equipment and installation,
and applicant must have received the approval of the Fire Department
of said plan;
(ii) Applicant must have filed evidence with the Fire Department that
all employees who will be handling or dispensing the LP-GAS or using
the LP-GAS equipment and installation have passed the training
course described and approved in Section 5.209 (6) (i) along with a
certification identifying each person who has passed the said training
course;
Page 55
5.209 (7)
5.209 (8)
(iii) Applicant must have filed a list with the Fire Department of all
employees employed at the facility where LP-GAS is sold, distributed,
or dispensed along with a plan to assure that non-certified employees
will not sell, dispense, distribute or handle LP-GAS or use LP-GAS
equipment at such installation; and
(iv) Applicant must have received the approval of the City Fire
Department of the training plan required by Section 5.209 (6)(i),
approval of the City Fire Department of the evidence that employees
have been adequately trained pursuant to Section 5.209 (6)(ii), and the
approval of the City Fire Department of the sufficiency of the plan
filed pursuant to Section 5.209 (6)(iii).
Within ten days of hiring an employee not listed in Section 5.209 (6),
the licensee shall file with the Fire Department a certificate stating
whether or not such employee has received training in accordance
with the criteria established in Section 5.209 (6)(i). No licensee shall
allow or permit any employee to handle, dispense, or distribute LP-
GAS or use the LP-GAS installation until such time as the Fire
Department has approved the certificate required by this section on
behalf of such employee. No licensee shall allow or permit any person
not trained and approved pursuant to Section 5.209 (8) to handle,
distribute, or dispense LP-GAS or use the LP-GAS installation. No
person shall sell, distribute, or dispense LP-GAS or use the LP-GAS
installation unless first trained and certified pursuant to Section 5.209
(8).
The City Fire Department, with the approval of the City Manager,
may promulgate rules to determine the adequacy of employee training
5.209 (9)
5.209 (10)
5.209 (11)
plans and employee training in the handling, distribution, and
dispensing of LP-GAS and the use of LP-GAS installations.
No person may dispense, distribute, or handle LP-GAS or use an LP-
GAS installation without wearing protective handwear of the type
approved by the City Fire Department.
In considering whether or not to grant a license, the Council may also
consider the past safety practices of the licensee in regard to all
matters of the subject location a well as the safety practices of the
licensee with regard to flammable and volatile materials.
The license fee for an LP-GAS Service Station shall be set by
resolution of the Council.
SHALL HEREAFTER BE AMENDED AND RENAMED AND SHALL READ AS
FOLLOWS:
Page 56
MOTOR VEHICLE FUEL DISPENSING STATIONS
5.209(1)
No person, firm or corporation shall engage in or conduct
the business of operating a motor vehicle fuel dispensing
station without a licensed issued pursuant to the provisions
of this Chapter. A motor vehicle fuel dispensing station is
a facility opened to the public which consists of gasoline,
compressed natural gas (CNG) or LP Gas storage
containers, piping and pertinent equipment, including
pumps or dispensing devices, or any buildings in which LP
gas is stored and dispensed into engine fuel containers of
highway vehicles or into portable or permanently mounted
containers used for cooking or heating. No person, firm or
corporation shall sell, dispense, or distribute motor vehicle
fuel, compressed natural gas or LP fuel at a motor vehicle
fuel dispensing service station to the public without a
license issued pursuant to the provisions of this chapter.
5.209(2)
Applicants for a license under this section shall provide
such information on the application pertaining to the
requirements of this section as is requested by the License
Clerk including, but not limited, to the number, type and
location of dispensers to be installed and/or operated on
the premises.
5.209(3)
The Clerk shall forward the application to the Chief of the
Fire Prevention Dureau Department for a report indicating
whether or not the proposed operation will be in
compliance with all the provisions of the current Fire Code
and this section.
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LP gas or use an LP gas installation without
wearing protective handwear of the type
approved by the City Fire Department.
In considering whether or not to grant a
license, the City Council may also consider
the past safety practices of the licensee in
regard to all matters of the subject location as
well as the safety practices of the licensee
with regard to flammable and volatile
materials.
No licensee under this section, or his agent or employees, shall fill
or allow to be filled, the gasoline tank of any motor vehicle while
the engine or motor of such vehicle is running or in motion, or
while any person is smoking in or about the pump area of the
motor vehicle fuel dispensing station.
No licensee under this section, or his agent or employee shall
deceptively mislead customers by displaying false or incomplete
price figures on signs that are designed to indicate the price of
gasoline.
CHAPTER 5
ARTICLE 4
SECTION 4:
5.404 (1)
Section 5.404, of Ordinance No. 853, City Code of
1977, pertaining to the Licensing of Game of Skill,
which currently reads as follows, to wit:
No person shall possess, keep permit, or maintain any "game of skill"
as hereinafter defined, on any premises used for a business or
commercial activity without a license issued pursuant to the provisions
of this chapter.
5.404(2)
For purposes of this section, the term "a game of skill" shall be defined
as any device played by manipulating special equipment by hand or
mechanically, and propelling balls, figures, or numbers across a board
or field into respective positions, the object of which is to secure a
special number or numbers of high total score, or to place the figures
or numbers in special positions, and said game may be played by the
public generally at a price paid either directly or indirectly.
5.404 (3) Applications under this section shall include a statement of:
(a) The name, number, and description of the game or particular piece
of equipment
Page 59
to be licensed, the fee for playing the game, and the place where the
game will be located.
(b) The name and address of the owner of the game if other than the
licensee.
(c) The nature of any other business or commercial activity conducted
at the proposed place of operation of "games of skill."
5.404(4)
A separate license shall be required for each machine. The location of
all machines operated by the same licensee may be interchanged
without application therefore, provided that a notice of change of
location is filed with the Clerk.
5.404(5)
No "game of skill" licensed under this section shall be located within
one hundred feet of any school building or church.
5.404 (6)
No licensee or his agent or employee shall permit any person or
persons to use a "game of skill" licensed under this section as a
gambling device.
SHALL HEREAFTER BE AMENDED TO READ AS FOLLOWS:
5.404( 1 )
No person shall possess, keep, permit, or maintain any
"game of skill" as hereinafter defined, on any premises
used for a business or commercial activity without a license
issued pursuant to the provisions of this chapter.
5.404(2)
For purposes of this section, the term "a game of skill"
shall be defined as any device played by manipulating
special equipment by hand or mechanicallyo,A-~,u v, ..... uv~,'l:,n§
I~;,~J~;~.LIV~; ~JU,~ILIUII,~, LIl~; UUJ~;~.L MI vvIIl~,ll I,~ LU ,~;~.Ul~; 0
L,,=,,uu,=o~, ,,u,,,u=,o,,,ov=~,o,v~o,L,u,,o, and said game
may be played by the public generally at a price paid either
directly or indirectly.
5.404(3) Applications under this section shall include a statement of:
a)
The name, number, and description of the
game or particular piece of equipment to be
lice sed .~A fee ~A_ _,A..:__ .~ ....... ~
n . u,u ,u, v,oy,,,bl u,u blO,,,u, o,,u
b)
The name and address of the owner of the
game if other than the licensee.
c)
The nature of any other business or
commercial activity conducted at the
proposed place of operation of "games of
skill".
5.404(4)
A separate license shall be required for each machine. The
location of all machines operated by the same licensee may
be interchanged without application therefore, provided
that a notice of change of location is filed with the Clerk.
5.404(5)
No "game of skill" licensed under this section shall be
located within one hundred feet of any school building or
church.
5.404(6)
No licensee or his agent or employee shall permit any
person or persons to use a "game of skill" licensed under
this section as a gambling device.
5.404(7)
No more than eight (8) "games of skill" shall be allowed at
any one site or place of business. Nine or more "games of
skill" shall be considered an arcade under Section 5.411 of
5.404(8)
this Ordinance.
EXEMPTIONS.
A)."Games of skill" used in coniunction with an event not
exceeding a term of five days and no more than one event
per year.
SECTION 8:
5.408(1)
5.408(2)
5.408(3)
5.408(4)
Section 5.408, of Ordinance No. 853, City Code of
1977, pertaining to the Licensing of Carnivals, which
currently reads as follows, to wit:
No person shall engage in the business of operating a carnival, as
defined herein, without a license issued pursuant to the provisions of
this chapter.
For purposes of this section, a carnival shall be defined as an
aggregation of attractions, shows, acts, games, vending devices, or
amusement devices, temporarily set up or conducted in a public place
or on private premises accessible to the public, with or without an
admission fee, for the attraction and enjoyment of the public.
Notwithstanding the provisions of this section, no itinerant carnival
shall be allowed within the City which is prohibited by Minnesota
Statutes 624.65.
The Council shall require the posting of a bond or proofofa policy of
liability insurance in the sum of not less than $250,000.00 for injury to
one person and not less than $500,000.00 for one accident prior to the
issuance of a license under this section. Said policy shall be written by
an insurance company authorized to do business in the State of
Minnesota.
Page 61
5.408(5)
Any carnival licensed hereunder shall deposit with the City the sum of
$500.00 before such carnival may locate upon City property. Upon
said carnival vacating the City property, the deposit shall be refunded
less the cost of cleaning or repairs incurred by the City in restoring the
property to its former condition.
SHALL HEREAFTER BE AMENDED TO READ AS FOLLOWS:
5.408(1 )
No person shall engage in the business of operating a
carnival, as defined herein, without a license issued
pursuant to the provisions of this chapter.
5.408(2)
For purposes of this section, a carnival shall be defined as
an aggregation of attractions, shows, acts, games, vending
devices, or amusement devices, temporarily set up or
conducted in a public place or on private premises
accessible to the public, with or without an admission fee,
for the attraction and enjoyment of the public.
5.408(3)
Notwithstanding the provisions of this section, no itinerant
carnival shall be allowed within the City which is prohibited
by Minnesota Statutes 624.65.
5.408(4)
The City Council shall require the posting of a bond or
proof of an insurance policy of liability insurance in the sum
of not less than $250,000 $500,000 for injury to one
person and not less than $=""o~,~,,~,~,~,""" $1,000,000 for one
accident prior to the issuance of a license under this
section. Said policy shall be written by an insurance
company authorized to do business in the State of
Minnesota. The City of Columbia Heights shall be named
as an additional insured if the event is on City property.
5.408(5)
Any carnival licensed hereunder shall deposit with the City
the sum of $500.00 before such carnival may locate upon
City property. Upon said carnival vacating the City
property, the deposit shall be refunded less the cost of
cleaning or repairs incurred by the City in restoring the
property to its former condition.
SECTION 11:
Section 5.411, of Ordinance No. 853, City Code of
1977, pertaining to the Licensing of
Arcades/Amusement Centers, which currently reads
as follows, to wit:
5.411(1)
No person shall operate an arcade without first paying a license fee
and obtaining and having a current license as herein provided. The
license required under this section shall be in addition to any license
or licenses required to be obtained under any other provision of this
Code.
Page 62
5.411 (2)
For the purpose of this section, the term "arcade" shall mean any
building, structure or tract of land which has at least one use or
activity the providing of any of the following or any combination of
any of the following amusements:
(a) Billiard, pool, foosball, air hockey or pigeon hole tables:
(b) Pinball machines
(c) Shooting gallery machines
(d)
Any electric or electronic device or game patterned
after table tennis, hockey, and similar games, including
electric rifle or gun ranges
(e)
Any other mechanical or electrical device which is
designed to be played by a contestant or contestants
and upon which the contestants receive a score or
rating based upon their performance
which building, structure or tract of land contains nine or more such
amusement tables, machines or devices, hereinafter referred to as
"devices" or any combination thereof, shall be defined as an "arcade"
(f) Such devices shall be kept at all times within a building which
conforms to the City of Columbia Heights' Building Code and Zoning
Ordinance and which is the primary building on the lot.
(g) If the devices are kept within a separate room within a
conforming building, or in a separate conforming building connected
by an opening to another building, such separate room or separate
building must be adjacent to and directly connected to the remaining
portions of the building or separate building as the case may be by an
opening not less than ten feet (10') in height as measured from the
floor to the top of the opening and not less than ten feet (10') in width.
(h) If the building in which such devices are kept is connected to a
separate building as referred to in paragraph 5.411(2)(g), such
connected separate building shall conform to the City of Columbia
Heights Building Code and Zoning Ordinance for use as an arcade
except that no additional automobile parking or bicycle parking racks
as provided by paragraph 5.411(7)(e) shall be required for the
separate building unless the separate building is also used as an arcade
or unless otherwise required by state or local law.
Page63
5.411(3)
(i) Notwithstanding anything in this section to the contrary, any
building, structure, or portion thereof, the primary use or activity of
which is the providing of the amusements referred to herein by the use
of nine or more of the devices or any combination thereof, as referred
to herein shall be defined as an "arcade".
(j) Notwithstanding anything in this section to the contrary, any room
of portion of a building, the primary use or activity of such room or
portion of such building is the providing of the amusements referred
to herein by the use of nine or more of the devices, or any
combination thereof as referred to herein, shall be defined as an
"arcade" if such room or such portion of such building is accessible to
the public by a separate entrance in addition to the entrance from the
remainder of the building.
(k) Notwithstanding anything in this section to the contrary, any
room or portion of a building, the primary use or activity of such
room or portion of such building is the providing of the amusements
referred to herein by the use of nine or more of the devices, or any
combination thereof as referred to herein, shall be defined as an
"arcade" if such room or such portion of such building is accessible to
the public by a separate entrance other than an entrance from the
remainder of the building.
Any person desiring to operate an arcade or to renew his license to
conduct such activity shall file with the Clerk an application on forms
provided by the Clerk for that purpose. The application form shall
contain the following, together with any other information which the
City Manager may require:
(a) Name and address of applicant;
(b)
Address of the proposed arcade and a diagram of the
proposed floor plan of the premises;
(c)
The name and address of all persons owning or having
an interest in the licensed premises and in the proposed
business. In the case of a corporation, this shall
include the names and addresses of the officers and
directors of the corporation and all shareholders who
own alone or, in conjunction with their spouse or
children, more than 10% of the issued shares of
(d)
(e)
corporate stock;
If the licensed business is owned by a corporation, a copy of
the certificate of incorporation, articles of incorporation and
by-laws of the corporation;
The name and address of the manager or managers
who will supervise the licensed activity;
Page 64
5.411(4)
5.411(5)
(f)
Whether any of the persons listed in paragraphs (a),
(c), or (e) of this subdivision have been engaged in the
business of operating an arcade in the last five years;
(g)
Whether any of the persons listed in paragraphs (a),
(c), or (e) of this subdivision have been convicted of a
crime or have had an application for an arcade license
denied, revoked or suspended within the last five
years;
(h) The applicant's plan of security for the licensed
premises.
The license fee shall be for the calendar year and must accompany the
license application. The license fee shall be set by annual resolution
of the Council which may set a higher fee for the first year than for
license renewals.
All applications for licenses shall be referred to the Chief of Police and
to such other persons on the City staff as the City Manager shall deem
necessary for investigation and recommendation. The persons to
whom an application has been referred shall make their report and
recommendations in writing.
Upon receipt of the written reports and recommendations, the City
Manager shall cause to be published in the official newspaper, at least
10 days in advance, a notice of public hearing to be held by the City
Council setting forth the day, time and place when the hearing will be
held, the name of the applicant and the location where the business is
to be conducted.
The application, together with the City Manager's recommendation,
shall be submitted to the City Council at the hearing. After the
hearing, the Council may grant or deny the license. In granting the
license, the Council may impose special conditions if it deems such
conditions to be necessary because of particular circumstances related
to the application.
5.411(6)
Existence of any of the following conditions shall render the applicant
ineligible for a license, to-wit:
(a) If the applicant or the manager of the licensed business is:
(i) under 21 years of age;
(ii) an alien;
(iii) a foreign corporation;
(b) If the applicant, manager, or persons owning the licensed activity:
(i) is not a person of good moral character and repute;
Page 65
(ii) has been convicted of an offense which relates to
the conduct of the licensed business
(c) Has operated a similar business elsewhere which operation did not
substantially comply with the provisions of this section relating to the
manner in which the business is conducted;
(d) Has been denied a license to conduct a like or similar activity or
has had such license suspended, revoked or canceled.
5.411 (7)
Issuance and retention of licenses shall be subject to each of the
following conditions, to-wit:
(a) Only premises which are within commercial districts of the City
may be licensed. An arcade that is a primary use of the parcel on
which it is located may not be within one hundred fifty feet (150') of
any residential district or within three hundred feet (300') of any
school or church.
(b) No premises may be licensed unless sufficient visibility exists from
outside the entrance to the premises for a person of average stature to
visually survey the entire premises and all possible locations of patrons
therein.
(c) The consumption of alcoholic beverages, whether classified as
intoxicating or non-intoxicating, or the use of any controlled
substance upon any part of the licensed premises is prohibited.
(d) No person under the age of 17 years shall be permitted to remain
on any part of the licensed premises after 10:00 o'clock p.m. unless
accompanied by his parent or legal guardian.
(e) No person under the age of 14 years shall be permitted to enter or remain
upon any part of the licensed premises unless accompanied by his parent or
legal guardian.
(f) Adequate off street parking for automobiles must be provided in
compliance with the current City Code requirements. Additionally, the
licensee shall provide bicycle racks for at least twenty (20) bicycles which
shall not be substituted for required auto mobile parking.
(g) The licensed premises shall fully comply with all applicable State and local
regulations dealing with health, zoning and building requirements.
(h) The licensee shall be responsible for maintaining order on all parts of the
licensed premises.
Page 66
(i) 0nly amusements with a current valid Columbia Heights license sticker
attached may be offered for use or kept on the licensed premises.
(j) No wagering or betting for a consideration or any other gambling shall be
permitted on the licensed premises.
(k) The licensed activity shall be conducted in such a manner and located in
such a place so as not to be likely to result in injury or damage to persons or
property in the neighborhood or injurious, annoying or disruptive to patrons
of other businesses located in the area. Sound emitted at any point of the
perimeter of the licensed premises may not exceed the sound allowed at any
lot line in accordance with Section 9.117(9) of this code.
(1) The applicant or manager designated in the license application shall be
present on the premises during all times the premises are open. No new
manager may be placed in supervision of the premises until he has been
approved by the City Council.
(m) A uniformed Columbia Heights peace officer shall be present on the
premises during all times that the premises are open. No peace officer shall
be required to serve on the premises except with the approval of the Chief of
Police and only when the licensee has paid in advance for such service.
(n) The consumption of food and beverages upon any part of the licensed
premises is prohibited.
5.411(8)
(o) The smoking of cigarettes, cigars, pipes, or tobacco in any form upon any
part of the licensed premises is prohibited.
(p) If the arcade is an accessory use of the property on which it is located, the
arcade may not be open for business at times when the primary use of the
property is not also open for business.
(q) If the arcade is an accessory use of the parcel on which it is located, any
and all entrances to the arcade must be directly through the primary use area
of the parcel, and no arcade may be directly accessible to patrons without
passing through such other use. Notwithstanding the foregoing, the arcade
area may have a fire door that will permit patrons to exit only in times of
emergency.
At the time of filing an application for license under this section, the
applicant shall file a bond with a corporate surety with the City Clerk
in the amount of $5,000.00 Alternatively, the applicant may file a
cash bond in the same amount. All such bonds shall be kept in full
force and effect throughout the license period and shall be conditioned
as follows:
Page 67
5.411 (9)
(a) The licensee shall obey the laws relating to the licensed business.
(b) The licensee shall pay to the City when due all taxes, license fees,
penalties and other charges provided by law.
(c) In the event of violation of any law relating to the business for
which the license has been granted, the bond shall be forfeited to the
City.
The license may be revoked or suspended in accordance with this
Chapter whenever the licensee, its owner, manager, or any of its
employees or agents have engaged in any of the following conduct:
(a) Fraud, deception or misrepresentation in connection with the
securing of a license.
(b) Conduct inimical to the interests of public health, safety and
welfare.
(c) Conduct involving oral turpitude.
(d) Conviction of an offense involving moral turpitude by any court
of competent jurisdiction.
(e) Failure to comply with any of the provisions of this section or
engaging in conduct which would be grounds for denial of an initial
application for licensure.
SHALL HEREAFTER BE AMENDED TO READ AS FOLLOWS:
5.411(1)
No person shall operate an arcade/amusement center
without first paying a license fee and obtaining and having
a current license as herein provided. The license required
under this section shall be in addition to any license or
licenses required to be obtained under any other provision
of this Code.
5.411 (2) DEFINITIONS.
(A) For the purpose of this section, the term "arcade" or
(J,L, LIVIL.y tll~:; ~JIU¥1UIII~ UI ally UI tll~ IUIIU~III~ UI ally ~UIIIUIII~LIUII UI
U~DI~II~U LU LJ~ }Jl(J,.y~u LJ.y (J, L, LJIIL~DL(J, IIL UI L, LJIIL~DL(J, IILD
1 (J, LIII~ LJ(J,D~LI U}JUII LII~II }J~IILJIIII(J, IIL,~
"amusement center" shall mean any room, place or space
available for public patronage, operated as a business,
which utilizes in its operation nine (9) or more games of
skill/amusement devices, including, but not limited to, pool
tables, billiard tables, table tennis tables, foosball tables,
pinball machines, or any mechanical or electronic
amusement device, and which derives its principal source
of revenue from the use and operation of such equipment
and games (devices). An arcade or amusement center as
defined in this section shall not include bowling alleys.
(B) For the purpose of this section, the term "amusement
device" shall mean any device played by manipulating a
game of skill or chance electronically or mechanically, and
said game may be played by the public generally at a price
paid either directly or indirectly.
(C) Such devices shall be kept at all times within a building
which conforms to the City of Columbia Heights Zoning
Ordinance and Building Code and which is the primary
building on the lot.
~tj iNULV~ILII;~LO~IIUIII~ O~II.~LIIIII~ ti! LIII;~ ;~LIUI! LU LII~ ~UIILIO~I.~
5.411 (3)
Any person desiring to operate an arcade/amusement
center or to renew his license to conduct such activity shall
file with the License Clerk an application on forms provided
by the City for that purpose. The application form shall
contain the following, together with any other information
which the City Maria§er may require:
(A) Full name, residence and business address, and date
of birth of applicant.
(B) Address of the proposed arcade/amusement center
location and a diagram of the proposed floor plan of the
premises indicating the number and types of devices to be
used and the sanitary facilities to be provided.
(C) The full name, residence and business address, and
date of birth of all persons owning or having an interest in
the licensed premises and in the proposed business. In the
case of a corporation, this shall include the full names,
residence and business addresses, and date of birth of the
officers and directors of the corporation and all
shareholders who own alone or in conjunction with their
spouse or children more than 10% of the issued shares of
corporate stock.
5.411(4)
5.411 (5)
(D) If the licensed business is owned by a corporation, a
copy of the certificate of incorporation, articles of
incorporation and bylaws of the corporation shall be
submitted with the application.
(E) The full name and residence address of the manager(s)
who will supervise the licensed activity.
(F) Whether any of the persons listed in paragraphs (A),
(C) or (E) of this section have been engaged in the business
of operating an arcade or amusement center in the last five
years.
(G) Whether any of the persons listed in paragraphs (A),
(C), or (E) of this section have been convicted of a crime or
have had an application for an arcade/amusement center
license denied, revoked or suspended within the last five
years.
(H) The applicant's plan of security for the licensed
premises.
(I) The hours of operation.
The license fee shall be for the calendar year and must
accompany the license application. The license fee shall be
set by annual resolution of the City Council.
All applications for licenses under this section shall be
referred to the Chief of Police and to such other persons on
City Staff as shall be deemed necessary for investigation
and recommendation. The persons to whom an application
has been referred shall make their report and
recommendations in writing.
LU L~ ~lJIJlILv~LILJII.
The application shall be submitted to the City Council for
review. The City Council may grant or deny the license.
In granting the license, the City Council may impose special
conditions if it deems such conditions to be necessary
because of particular circumstances related to the
application.
Page
71
5.411 (6)
Existence of any of the following conditions shall render
the applicant ineligible for a license, to wit:
(A) If the applicant or the manager of the licensed
business is:
i)
ii)
iii)
under 21 year of age;
an alien;
a foreign corporation
(B) If the applicant, manager, or persons owning the
licensed activity has been convicted of an offense which
relates to the conduct of the licensed business.
(C) If the applicant, manager or persons owning the
licensed activity have been denied a license to conduct a
like or similar activity or has had such license suspended,
5.411(7)
revoked or canceled.
Issuance and retention of licenses shall be subject to each
of the following conditions, to-wit:
(A) Only premises which are within commercial districts of
the city may be licensed. An arcade/amusement center
that is a primary use of the parcel on which it is located
may not be within one hundred fifty (150) feet of any
residential district or within three hundred (300) feet of any
school or church;
(B) No premises may be licensed unless sufficient visibility
exists from outside the entrance to the premises for a
person of average stature to visually survey the entire
premises and all possible locations of patrons therein;
Page 72
(C) The consumption of alcoholic beverages, whether
classified as intoxicating or non-intoxicating, or the use of
any controlled substance upon any part of the licensed
premises is prohibited;
D) The licensee and his employees and agents shall adhere
to the provisions of the City Code relating to minors. No
licensee, nor his employees or agents, shall knowingly
permit a minor to be present on the premises in violation of
curfew laws, nor knowingly permit a person under the age
of 17 years to be present on the premises when school is
in session unless on a valid excused absence. Curfew law
must be posted on site in a conspicuous place about the
business.
(E) No person under the age of 14 years shall be permitted to enter or remain upon
any part of the licensed premises unless accompanied by his or her parent or legal
guardian.
(F) Adequate off street parking for automobiles must be
provided in compliance with the current City Zoning
Ordinance requirements.
(G) The licensed premises shall fully comply with all
applicable State and local regulations dealing with health,
zoning, building and fire requirements and that the place to
be licensed will not become a public nuisance or
detrimental to public safety, morals or welfare. The
building or fire inspector may enter said premises at any
time during normal business hours, for the purpose of
inspecting said premises for fire or building code hazards.
All law enforcement personnel of the City of Columbia
Heights shall have the right to enter said premises at any
time during normal business hours, for the purpose of
enforcement of the terms of this section.
(H) The licensee shall be responsible for maintaining order
on all parts of the licensed premises.
(I) Only amusements with a current,
Heights license may be offered for use
licensed premises.
valid Columbia
or kept on the
(J) No wagering or betting for a consideration or any other
gambling shall be permitted on the licensed premises.
Page 73
(K) The applicant or manager, 21 years or older, and as
designated in the license application shall be present on the
premises during all times the premises are open. No new
manager may be placed in supervision of the premises until
he has been approved by the City Council.
(L) No amusement devices shall be operated between the
hours of 12:00 midnight and 7:00 a.m.
5.411 (8)
enaergency.
At the time of filing an application for license under this
section, the applicant shall file a bond with a corporate
surety with the City License Clerk in the amount of
$5 000 O0 ^, ......:..A,...~ .... ,: ........ ~:, ..... ~
, , , ff'-MLC;IIIOLIVC;ly, LIIC; O~J~JIIbOIIL IIlOy IIIC; 0 bO,_~ll
~,,_,,,u ,,, ~,,~oo,,,~o,,,,_,u,,~. All such bonds shall be ke in
full force and effect throughout the license period and shall
be conditioned as follows:
(A) The licensee shall obey the laws relating to the
licensed business.
(B) The licensee shall pay to the City when due all taxes,
license fees, penalties and any other charges provided by
law.
(C) In the event of violation of any law relating to the
5.411 (9)
business for which the licensee has been granted, the bond
may be forfeited to the City upon a public hearing and
consideration by the City Council.
The license may be revoked or suspended in accordance
with this section whenever the licensee, its owner,
manager, or any of its employees or agents have engaged
in any of the following conduct:
(A) Fraud, deception or misrepresentation in connection
with the securing of a license.
~J ~x~IIUU~L IIIV~JIVIII~ ~JIC],I LUI]JlLUU~.
~U.] UUIIVIL, LIUII Ut 0.11 UII~II)~ IIIVUIVIIIi~ IIIUIO. I LUIIglLUU.~ IJ.y O. ll.y L, UUIL
Ut L.'UIIIIJ~L~IIL JUII3UIL.,LIUII.
(B) Has violated any Minnesota State Statutes.
(C) Failure to comply with any of the provisions of this
section or engaging in conduct which would be grounds for
denial of an initial application for licensure.
CHAPTER 5
ARTICLE VI
SECTION 3:
5.603 (1)
5.603 (2)
Section 5.603, of Ordinance No. 853, City Code of
1977, pertaining to the Licensing of Taxicabs, which
currently reads as follows, to wit:
No person shall engage in or operate a taxicab business and pick up
persons for hire in the course of such business within the City limits,
without a license for each vehicle to be utilized in such business,
issued pursuant to the provisions of this chapter.
For purposes of this section, the following words shall have the
meanings ascribed to them:
(a) "Taxicab" shall mean any motor vehicle engaged in the carrying
of persons for hire, either over a fixed route, operated from a street
stand, subject to calls from
Page 75
5.603(3)
5.603 (4)
a garage, or otherwise operated for hire; but the term shall not include
vehicles subject to control and regulation by the State Railroad and
Warehouse Commission, the Metropolitan Transit Commission, or
vehicles regularly used by undertakers.
(b) "Street" shall mean and include any street, alley, avenue, court,
bridge, lane or public place in the City.
(c) "Operator" shall mean any person who drives a taxicab, whether
such person be the owner of such taxicab or an employee of said
owner.
(d) "Owner" shall mean any person owning or having control of the
use of one or more taxicabs for use in a taxicab business that is
required to be licensed under this section, whether or not said owner
is a taxicab operator.
(e) "Taxicab Stand" shall mean any public place which is exclusively
reserved by authority of the City for the use of taxicabs.
(f) "Taximeter" shall mean any mechanical instrument or device by
which the charge for hire of a taxicab is mechanically calculated, either
by distance traveled or waiting time or both, and upon which such
charge shall be indicated by figures.
Application for an owner license under this section shall state the total
number of taxicabs to be licensed by the same owner and provide the
following information with respect to each vehicle:
(a) The passenger carrying capacity of each taxicab,
(b) The make, model, year, serial number, and state license number
of each taxicab,
(c) The total mileage of each vehicle, together with a general
descriptive statement of the condition of the vehicle and any
mechanical or equipment deficiencies,
(d) and the title owner of each taxicab. If said owner is not the same
person as the applicant, a statement shall be provided describing any
contractual relationship between the title owner of the taxicab and the
applicant.
Based upon the facts provided in the license application, the Council
may direct that the Chief of Police conduct a safety inspection of any
vehicle to determine whether it is safe for the transportation of
passengers.
(a) The Council may authorize the Police Department to contract for
the services of an automotive garage to conduct such inspection.
Page76
(b) A report of the inspection shall be made to the Council within ten
days. The report shall note any vehicle or equipment deficiencies that
would render a vehicle unsafe for the transportation of passengers.
The Chief of Police may make recommendations as are appropriate.
5.603 (5)
The Council may approve a vehicle license application if the public
convenience and good order will be served thereby and the licensed
vehicle is determined to be in safe and operable condition. All such
licensed vehicles shall be subject to the following conditions:
(a) A City license tag shall be fastened and displayed upon each and
every taxicab so licensed, so that said license will be plainly visible at
all times. Said license tag shall bear the license number of the taxicab
and describe the make, model and year of the licensed vehicle.
(b) Every taxicab licensed under this section shall have some
designation of the character of the vehicle painted in plain visible
letters on each side thereof.
(c) A card printed in plain legible letters shall be displayed inside each
taxicab and shall indicate the City license number, the maximum rates
that are to be charges, the name of the operator; together with a
statement that articles lost in the taxicab will be forwarded to the City
Clerk's office, where they may be identified and claimed, and the
statement "Ask the Driver for Bill and Receipt" in bold type.
(d) Every taxicab shall be equipped with a taximeter that is approved
by the Council. Each taximeter shall be sealed with case and gear
intact, and shall be semiannually certified and checked for accuracy
and working condition by an agency qualified to perform such service
and designated by the Chief of Police.
Each taximeter shall be kept in plain view of the passenger and shall
be maintained in good and accurate working order at all times.
(e) Rates charges by taxicabs licensed under this section for
conveyance in this City shall be fixed by annual Resolution of the
Council. Upon request therefore, every passenger shall be given a
receipt upon payment of his fare.
(f) When in operation, licensed taxicabs not carrying passengers shall
be parked at stands designated for that purpose from time to time by
Resolution of the Council. Said Resolution shall also designate the
number of taxicabs which may be stationed at any such stand.
(g) Before a license shall be issued for any vehicle, the license
applicant shall present proof to the Clerk of an insurance policy with
an insurance company duly
Page 77
5.603 (6)
5.603 (7)
5.603 (8)
licensed to transact such business in this State; insuring against loss
from the liability imposed by law for damages on account of bodily
injuries or death, or for damages to property resulting from the
ownership, maintenance or use of any taxicab to be licensed. The
limit in such insurance policy of such taxicab shall not be less than one
Hundred Thousand Dollars for bodily injuries to or death of one
person and Three Hundred Thousand Dollars on account of any one
accident resulting in injuries and/or death to more than one person,
and a total ofTen Thousand Dollars liability for damages to property
of others, arising out of any one accident.
A separate license shall be required for each operator of a licensed
taxicab, regardless of whether such person is the licensed owner of a
taxicab vehicle.
The Clerk shall refer each operator's application to the Chief of Police
for an investigation of the applicant's driving record or for convictions
for theft, sex crimes, or any crime of violence; and whether a license
to operate a taxicab or taxicab business has ever been suspended,
revoked or canceled by any other municipality in the State of
Minnesota. A report shall be made to the Council within ten days and
shall include recommendations of the Chief of Police. The applicant
shall be provided with a copy of the report at least two days prior to
Council action on the application.
An operator's license shall be denied to any applicant who is not a
United States Citizen and is not at least eighteen years of age, or who
has ever had a taxicab license suspended, revoked or canceled by any
municipality in the State of Minnesota, either as an operator or an
owner.
An operator's license may be denied to any applicant who has an
unsatisfactory driving or criminal record, based upon the report and
recommendations of the Chief of Police.
5.603 (9) Every taxicab operator licensee shall be subject to the below named
regulations. The operator and the vehicle licensee shall jointly insure
enforcement of such regulations.
(a) All operators shall be clean and courteous at all times.
(b) No operator shall carry any person other than the passenger first
employing a taxicab, without the consent of such passenger.
(c) No operator shall charge or attempt to charge any passenger a
greater rate of fare than that established by Resolution of the Council.
Page 78
(d) No operator shall knowingly deceive with the intent to defraud
any passenger who may ride with him, or who may desire to ride in his
vehicle, as to his destination of distance traveled or to be traveled.
(e) No operator shall solicit passengers as fares except when traveling
around the streets or at a regularly designated stand. No operator
shall alight from his taxicab at any time for the purpose of soliciting
passengers, provided that this shall not prohibit any driver from
alighting from his taxicab to assist a passenger entering or alighting
from his taxicab.
(f) Each operator shall forward lost articles found in his taxicab to the
Clerk.
SHALL HEREAFTER BE AMENDED TO READ AS FOLLOWS:
5.603(1)
No person shall engage in or operate a taxicab business
and pick-up persons for hire in the course of such business
within the City limits without a license for each vehicle to
be utilized in such business, issued pursuant to the
provisions of this chapter.
5.603(2) Definitions.
For purposes of this section, the following words shall have
the following meanings ascribed to them:
a) "Taxicab" shall mean any motor vehicle engaged in the
carrying of persons for hire, either over a fixed route,
operated from a street stand, subject to calls from a
garage, or otherwise operated for hire except private auto
liveries as herein defined; but the term shall not include
vehicles subject to control and regulation by the State
Railroad and Warehouse Commission, the Metropolitan
Transit Commission, the Minnesota Public Service
Commission, or vehicles regularly used by undertakers.
b) "Street" shall mean and include any street, alley,
avenue, court, bridge, lane or public place in the City of
Columbia Heights.
c) "Operator" shall mean any person who drives and/or
operates a taxicab, whether such person be the owner of
such taxicab or an employee of said owner.
d) "Owner" shall mean any person owning or having
control of the use of one or more taxicabs for use in a
taxicab business that is required to be licensed under this
section, whether or not said owner is a taxicab operator.
Page 79
5.6O3(3)
e) "Taximeter" shall mean any mechanical instrument or
device by which the charge for hire of a taxicab is
mechanically calculated, either by distance traveled or
waiting time or both, and upon which such charge shall be
indicated by figures.
f) "Private Auto Livery" shall mean an automobile used to
carry persons for hire other than by solicitation of business
by cruising about the streets.
g) "Taxi Driver" shall mean and include any person who
drives and/or operates a taxicab, whether such person be
the owner of such taxicab or be employed by a taxicab
owner or operator.
Application. Application for a O'vvner taxicab vehicle
license under this section shall state the total number of
taxicabs to be licensed by the same owner and provide the
5.603(4)
following information with respect to each vehicle'
a) The passenger carrying capacity of each taxicab;
b) The make, model, year, serial number and state license
number of each taxicab;
c) The total mileage of each vehicle, together with a
general description statement of the condition of the
vehicle and any mechanical or equipment deficiencies;
d) The title owner of each taxicab vehicle. If said owner
is not the same person as the applicant, a statement shall
be provided describing any contractual relationship
between the title owner of the taxicab and the applicant.
e) The name and address of the applicant and any other
pertinent information deemed necessary by the City to
conduct the required investigation of the applicant.
f) A statement signed by the applicant indicating his/her
understanding that falsification of any item on the
application is sufficient reason upon which to base a denial
of said license.
Examination of Taxicabs. Prior to the use and operation
of any vehicle as a taxicab under the provisions of this
ordinance, said vehicle shall comply with rules and
regulations prescribed in this ordinance. Licensed vehicles
shall be subject to inspection by the Police Department for
a safety inspection to determine whether the vehicle is safe
for the transportation of passengers. Taxicabs must be in
a thoroughly safe condition and must be clean, sanitary,
and of good appearance. A report of the inspection shall
be made to the License Clerk and shall note any vehicle or
equipment deficiencies that would render a vehicle unsafe
for the transportation of passengers. The Chief of Police
or his representative may make recommendations as are
appropriate.
5.603(5)
The City Council may approve a taxicab vehicle license
application if the public convenience and good order will be
served t,hereby and the licensed vehicle is determined to be
in safe and operable condition. All such licensed vehicles
shall be subject to the following conditions:
a) A City license identification sticker/tag shall be fastened
and displayed upon each and every taxicab vehicle so
licensed so that said license will be plainly visible at all
times. Duplicate stickers will be issued upon payment of
full license fee o_:J ,: .......... ,__,,, ...... ,_A ,: ............. , ..... ~
b) A copy of the license issued for said taxicab vehicle
shall be displayed in a conspicuous place on the inside of
the vehicle. Said license shall bear the license number of
the vehicle, the year, make and model of the licensed
vehicle.
c) Every taxicab licensed under this section shall have
some designation of the character of the vehicle painted in
plain visible letters on each side thereof.
Page
81
d) Every taxicab operated under this section shall have a
rate card setting forth the authorized rates of fare displayed
in such a place as to be in view of all passengers. Rates
charged may not exceed taxicab rates which are lawful in
the City of Minneapolis.
e) Each taxicab shall be equipped with a taximeter that is
ed by the City Co cil "--' ..... -' ......... '--"' ..... ,AJ
Each taximeter shall be kept in plain view of the passenger
and shall be maintained in good and accurate working order
at all times.
5.6O3(6)
Insurance Requirement. Before a license shall be issued for
any taxicab vehicle, the license applicant shall present
company furnish a Certificate of Insurance issued by an
insurance company duly licensed to transact such business
in this State. Such certificate shall state insurance against
loss from the liability imposed by law for damages on
account of bodily injuries or death, or for damages to
property resulting from the ownership, maintenance or use
of any taxicab to be licensed. The limit in such insurance
policy of such taxicab shall not be less than $100,000 for
bodily injuries to or death of one person and $300,000 on
account of any one accident resulting in injuries and/or
death to more than one person, and a total of $10,000
liability for damages to property of others, arising out of
any one accident.
5.6O3(7)
Taxicab Driver License Requirement. A separate license
shall be required for each operator of a licensed taxicab,
regardless of whether such person is the licensed owner of
a taxicab vehicle. An application for a taxicab driver's
license shall be filed on forms provided by the City which
shall contain the following:
a)
b)
c)
d)
Full legal name of the applicant.
Home address.
Date of birth.
Drivers license number reflecting the current home address of the
applicant.
5.6O3(8)
e)
f)
g)
Citizenship or immigration status.
List of any driving violations and date of occurrence.
Whether applicant has ever been convicted of any
crimes or misdemeanors and the type and year of
conviction.
Falsification of an application for a taxicab driver's license
constitutes grounds for denial of the license or renewal.
Such license shall be valid for the calendar year in which
issued and must be renewed at the commencement of each
subsequent calendar year.
The Clerk shall refer each operator's application to the
Police Department for an investigation of the applicant's
driving record or for convictions for theft, sex crimes, or
any crime of violence; and whether a license to operate a
taxicab or taxicab business has ever been suspended,
revoked or canceled by any other municipality in the State
of Minnesota, A report shall be made to the City Council
vv,L,,,,, tenuayo and shall include recommendations of the
~:A~ A~ Poli Department -~ .... ,: ..... ~A,, ~A
'- ~ .....:' --':-- -- '~ .... ':--':-- Upon consideration of
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the application and the reports attached thereto, the City
Council shall approve or reject the application. If the
application is rejected, the applicant may request a
personal appearance before the City Council to offer
evidence why his/her application should be reconsidered.
If the application is approved, the Clerk shall issue a license
to the applicant along with an identification card which
shall bear the name, signature and photograph of the
applicant. Upon approval, such license shall be in effect
for the remainder of the calendar year and must be
renewed annually.
5.6O3(9)
An operator's license shall be denied to any applicant who
is not a United States citizen and is not at least eighteen
years of age, or who has ever had a taxicab license
suspended, revoked or canceled by any municipality in the
State of Minnesota, either as an operator or an owner.
An operator's license may be denied to any applicant who
has an unsatisfactory driving or criminal record, based
upon the report and recommendations of the Chief of
Police.
Falsification of any application constitutes grounds for
denial of the license or renewal.
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5.603(10)
License Fees. No license shall be issued or continued in
operation unless the license applicant has paid the annual
license fee and is in compliance with all other requirements
of this Section. All licenses shall terminate on the 31st day
of each December and shall be renewed annually.
5.603(11)
Transferability. No license may be transferred. Any sale,
assignment or mortgage of a taxicab shall be reported to
the City.
5.603(12)
Separability. Every section, provision, or part of this
ordinance is declared separable from every other section,
provision, or part and if any section, provision, or part shall
be held invalid, it shall not affect any other section,
provision, or part thereof.
Page 84
SECTION 4:
Section 5.604, of Ordinance No. 853, City Code of
1977, pertaining to the Licensing of Vehicle/Trailer
Rental , which currently reads as follows, to wit:
5.604(1)
No person shall engage in or conduct the business of leasing or renting
trucks, automobiles, or trailers without a license issued pursuant to the
provisions of this chapter.
5.604(2)
The applicant shall provide a plot plan showing the location of the
rental area and identify where the motor vehicles or trailers and all
accessories will be stored and parked, The plan shall designate the
number, size, and types of vehicles and trailers to be utilized in the
rental business.
(a) The Council may require that a screening design be included in the
plot plan.
(b) All surface storage areas shall have a hard surface of either
bituminous or cement, unless such requirement is waived by the
Council.
5.604(3)
The Council shall refer the license application to the Planning and
Zoning Commission for a report and recommendation within 30 days.
The Commission may order a public hearing on said application.
SHALL HEREAFTER BE RENAMED AND AMENDED TO READ AS FOLLOWS:
MOTOR VEHICLE RENTAL/LEASING
5.604(1 )
No person shall engage in or conduct the business of
leasing or renting trucks, automobiles, trailers or other
motorized vehicle without a license issued pursuant to the
provisions of this section.
5.604(2)
This use will require a Conditional Use Permit and shall be
reviewed by the Planning and Zoning Commission for a
report and recommendation to the City Council. The
applicant shall provide a site/plot plan showing the location
of the rental area within the property lines of the site and
identify where the motor vehicles or trailers and all
accessories will be stored and parked. The plan shall
designate the number, size and types of vehicles and/or
trailers to be utilized in the rental business.
(a)
A screening design in compliance with the requirements of
the Zoning Ordinance shall be included in the site plan.
(b)
All surface storage areas shall have a hard surface of either
bituminous or concrete cen~ent · '-'u, ,,~oo ....... ou~,~, requ:,ren~ent,o:-
5.6O4(3)
No license shall be issued or continued in operation unless
the license applicant has paid the annual license fee and is
in compliance with all other requirements of the section.
All licenses shall terminate on the 31st day of each
December and shall be renewed annually.
SECTION 5:
Section 5.605, of Ordinance No. 853, City Code of
1977, pertaining to the Licensing of Garbage
Collection/Refuse Haulers, which currently reads as
follows, to wit:
5.605 (1)
No person shall engage in or conduct the business of collecting
garbage, rubbish or recyclable materials without a license issued
pursuant to the provision of this chapter.
5.605 (2)
For the purposes of this section, the below-named words shall have
the meaning ascribed to them.
(a) "Garbage" shall mean organic refuse resulting from the storage or
preparation of food and decayed or spoiled food from any source.
(b) "Rubbish" shall mean all inorganic refuse, such as, but not limited
to, tin cans, glass, paper, and ashes.
(c) "Authorized Recycling Program" shall mean a program for the
collection and recycling of recyclable materials which are instituted,
sponsored, authorized or controlled by the City.
(d) "Recyclable Materials" shall mean all items of garbage and rubbish
designated by the City Manager to be a part of an authorized recycling
program and which are intended for transportation, processing and
remanufacturing or reuse.
(e) "Scavenging" shall mean the unauthorized collection ofrecyclable
materials that have been set out by residents of the City specifically for
participating in curbside recycling programs.
5.605 (3)
Application for a license under this section shall include a statement
describing all equipment and vehicles to be used in the course of
business together with any
Page 86
identifying license or serial numbers. The application shall further
indicate the disposition site for the garbage, rubbish and recyclable
materials.
5.605(4)
After the license application is approved by the Council, the applicant
shall present proof to the Clerk of insurance on each vehicle with an
insurance company licensed to transact business in this state. The
limits of such policy shall be Two Hundred Thousand dollars
($200,000.) for bodily injuries to or death of one person, and Six
Hundred Thousand Dollars ($600,000.) for any one accident resulting
in injuries and/or death to more than one person, and a total of Fifty
Thousand Dollars ($50,000.) liability for damages to property of
others arising out of any accident.
The applicant shall also present proof to the Clerk of Contractor's
public liability insurance with an insurance company licensed to
transact business in this state. The limits of such policy shall be Two
Hundred Thousand dollars ($200,000.) for any one program, Six
Hundred Thousand dollars ($600,000.) for any one accident, and
property damage of Fifty Thousand dollars ($50,000.).
5.605 (5)
Licensees shall provide a covered receptacle for the storage of
collected solid waste. The receptacle shall e constructed so that the
stored contents will not leak or spill therefrom. The receptacle shall
be kept as clean and free from offensive odors as possible.
Licensees under this section shall be required to make all collections
between the hours of 6:00 a.m. and 10:00 p.m. and shall make
5.605 (6)
5.605 (7)
5.605 (8)
5.605 (9)
collections in a manner that will minimize traffic disruption.
Each licensee shall comply with all ordinances of the City and with any
regulations promulgated by the Health Authority establishing
standards of health and sanitation in the City.
The licensee under this section, or any employee thereof, shall issue
a notice to all customers and users of the licensee's services whenever
garbage, rubbish and recyclable materials removal is not effected in
accordance with the terms of the contract between the City and the
Licensee. Such notice shall indicate the reason for failure to collect
the garbage, rubbish, or recyclable materials, and a copy of said notice
shall be filed with the Clerk.
Items designated for recycling shall be listed by the City Manager to
be part of an authorized recycling program.
Ownership of recyclable materials set out for the purpose of
participating curbside recycling program shall remain with the person
who set out the materials until
Page 87
removed by the authorized collector. The person who set out the
material is totally responsible for their proper preparation, handling
and storage. Ownership and responsibility for the proper handling of
the recyclable materials shall vest in the authorized collector upon
removal thereof by the collector.
SHALL HEREAFTER BE AMENDED TO READ AS FOLLOWS:
5.605(1)
No person shall engage in or conduct the business of
collecting garbage, rubbish or recyclable materials without
a license issued pursuant to the provisions of this chapter
Anoka County Operating and Base Licenses and the Solid
Waste Management Coordinating Board.
5.6O5(2)
For the purposes of this section, the below-named words
shall have the following meaning ascribed to them.
(a) "Garbage" shall mean organic refuse resulting from the
storage or preparation of food and decayed or spoiled food
from any source.
(b) "Rubbish" shall mean all inorganic refuse, such as, but
not limited to, tin cans, glass, paper, and ashes.
(c) "Authorized Recycling Program" shall mean a program
for the collection and recycling of recyclable materials
which are instituted, sponsored, authorized or controlled by
the City.
(d) "Recyclable Materials" shall mean all items of garbage
and rubbish designated by the City Manager to be a part of
an authorized recycling program and which are intended for
transportation, processing and remanufacturing or reuse.
(e) "Scavenging" shall mean the unauthorized collection of
recyclable materials that have been set out by residents of
the City specifically for participating in curbside recycling
programs.
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5.605~-Mr(3)
5.605{-7~r(4)
5.605fl~(5)
5.605f9+(6)
5.605(7)
Licensees shall provide a covered receptacle for the storage
of collected solid waste. The receptacle shall be
constructed so that the stored contents will not leak or spill
therefrom. The receptacle shall be kept as clean and free
from offensive odors as possible.
Licensees under this section shall be required to make all
collections between the hours of 6:00 a.m. and 10:00 p.m.
and shall make collections in a manner that will minimize
traffic disruption.
The licensee under this section, or any employee thereof,
shall issue a notice to all customers and users of the
licensee's services whenever garbage, rubbish and
recyclable materials removal is not effected in accordance
with the terms of the contract between the City and the
Licensee. Such notice shall indicate the reason for failure
to collect the garbage, rubbish, or recyclable materials, and
a copy of said notice shall be filed with the Clerk City,
Items designated for recycling shall be listed by the City
Manager to be part of an authorized recycling program.
Ownership of recyclable materials set out for the purpose
of participating in a curbside recycling program shall remain
with the person who set out the materials until removed by
the authorized collector. The person who set out the
material is totally responsible for their proper preparation,
handling and storage. Ownership and responsibility for the
proper handling of the recyclable materials shall vest in the
authorized collector upon removal thereof by the collector.
Scavenging, as defined in Section 5.605(e) is prohibited.
It is a violation of the City Code and subject to the
penalties enforced therein.
Page 89
SECTION 7:
Section 5.607, of Ordinance No. 853, City Code of
1977, pertaining to the Licensing of Contractors,
which currently reads as follows, to wit:
5.607 (1)
No person shall perform work as a contractor involved in building
construction, alterations, or remodeling or any work for which a work
permit is required by this Code, without a license issued pursuant to
the provisions of this chapter.
5.607 (2)
Licenses shall be required for but not limited to each of the below-
named trades and construction work:
(a) General contractors, including erection, alteration or repair of
building.
(b) Masonry, cement work, cement block work, block laving or brick
work.
(c) Plumbing, including the installation of cesspools, septic tanks,
drainfields, connections to the municipal system, inside plumbing and
including excavations for sewer and water line installations.
(d) Roofing
(e) Plastering, stucco work, sheet rock taping.
(f') Heating, ventilation and refrigeration, including gas piping, gas
service, gas equipment installation, oil heating, and piping work.
(g) Excavations, including excavations for footings, basements and
grading of lots, etc.
(h) Wrecking of buildings.
(i) Blacktopping of driveways, parking lots, etc.
(j) Sign erection, construction and repairs, including billboards and
electrical signs.
(k) Sprinkler and fire extinguishing equipment installers.
5.607 (3)
Applications for a license under this section shall be submitted to the
Clerk and shall include such evidence of competency as may be
required by the Council.
(a) Evidence of qualifications established before any agency of the
State of Minnesota shall be prima facie evidence of competency under
this section.
Page 90
(b) Whenever an agency of the State of Minnesota imposes licensing
or registration requirements for any trade licensed under this section
proof of satisfaction of all state requirements shall be provided with
the license application.
5.607 (4)
Upon approval of the license application and prior to the issuance of
a license, the applicant shall file a bond in the amount of $2,000
conditioned upon compliance with all provisions of the code
regulating or governing construction work.
The applicant shall also file with the Clerk a certificate of public
liability insurance in the amount of $100,000 per person and $300,000
per accident for bodily injury, and $5,000 for property damage. Proof
of Workman's Compensation insurance as required by law shall also
be provided.
5.607 (5)
A license granted to a general contractor shall include the right to
perform all of the work included in his general contract. Such license
shall include any or all persons performing the work which is classified
and listed in 5.607 (2), providing that each person performing such
work is in the regular employ of such general contractor and qualified
under state law and the provisions of this chapter to perform such
work. The general contractor shall be responsible for all of the work
so performed. Sub-contractors on any work shall be required to
comply with the sections of this Code pertaining to license, bond,
qualifications, etc., for his particular type of work.
5.607 (6)
Employees under the supervision of the licensee may be engaged
except that such provision shall not be construed as exempting any
such employee from licensing or registration requirements imposed by
state law.
5.607 (7)
No person shall be required to obtain a license under this section to
perform any work at is own residence, provided that such person is
qualified to perform such work in accordance with all applicable
standards prescribed by this Code.
SHALL HEREAFTER BE AMENDED TO READ AS FOLLOWS:
5.607(1)
No person shall perform work as a contractor involved in
building construction, alterations, or remodeling or any
work for which a work permit is required by this Code,
without a license issued pursuant to the provisions of this
chapter.
5.6O7(2)
Licenses shall be required for, but not limited to, each of
the below-named trades and construction work:
(a)
General contractors, including erection, alterations or repair
of buildings unless said contractor is a holder of a current
license from the Minnesota Department of Commerce for
residential construction.
Page 91
As provided by Minnesota State Statutes, Chapter 306, for
any residential building contractor required to be licensed
by the State of Minnesota, the applicant for building permit
for residential work shall pay a fee of $5.00 per building
permit for administration and review of residential
contractor licenses.
(b)
Specialty contractors or those contractors holding an
exemption certificate from the State of Minnesota
Department of Commerce.
(c)
Masonry, cement work, cement block work, ~'AA', .A..:_-
or brick work.
(d)
Plumbing, including the installation of cesspools, septic
tanks, drainfields, connections to the municipal sewer and
water systems, inside plumbing, and including excavations
for sewer and water line installations.
(e) Commercial, industrial, institutional roof work. Residential
roofing contractors must be licensed by the Minnesota
Department of Commerce.
(f) Plastering, stucco work, sheet rock installation and taping.
(g)
(h)
(i)
(j)
(k)
(I)
5.6O7(3)
(a)
Heating, ventilation and refrigeration, including gas piping,
gas service, gas equipment installation, oil heating, and
piping work.
Excavations, including excavations for footings, basements
and grading of lots, etc.
Wrecking/demolition of buildings.
Installation/repaving/resurface Dlacktopp:.ng of driveways,
parking lots, public sidewalks, etc.
Sign erection, construction and repairs, including billboards
and electrical signs.
Sprinkler and fire extinguishing equipment installers unless
a holder of an active license from the State of Minnesota,
Applications for a license under this section shall be
submitted to the License Clerk and shall include such
evidence of competency as may be required by the City
Council.
Evidence of qualifications established before any agency of
the State of Minnesota shall be prima facie evidence of
competency under this section or submittal of a current
competency card from any city offering such test,
Page 92
(b)
(c)
5.607(4)
Whenever an agency of the State of Minnesota imposes
licensing or registration requirements for any trade licensed
under this section, proof of satisfaction of all state
requirements shall be provided with the license application.
Whenever a contractor is aware of a hazardous situation or
of hazardous equipment where the fuel service has been
interrupted, such contractor shall inform the City Inspector
of the location and hazard within one (1) business day.
Upon approval of the license application and prior to the
issuance of a license, the applicant shall file a bond in the
amount of~,~,~,~,*~ '~'~'~ $3,000 conditioned upon compliance
with all provisions of the code regulating or governing
construction work. Exception: Plumbing contractors
provided they have submitted a current certificate from the
State of Minnesota Department of Health, Plumbing Code
Division.
The applicant shall also file with the Clerk a certificate of
insurance indicating public liability insurance in the amount
of $100,000 per person and $300,000 per accident for
bodily injury, and~,~,~,~,~,~- """ $10,000 for property damage.
Proof of Workman's Compensation insurance as required
by law shall also be provided and indicated on the
Certificate of Insurance.
5.6O7(5)
A license granted to a general contractor shall include the
right to perform all of the work included in his general
contract. Such license shall include any or all persons
performing the work which is classified and listed in
5.607(2) of this section, providing that each person
performing such work is in the regular employ of such
general contractor and qualified under state law and the
provisions of this chapter to perform such work. The
general contractor shall be responsible for all of the work
so performed.
Sub-contractors on any work shall be required to comply
with the sections of this Code pertaining to license, bond,
qualifications, etc., for his particular type of work.
5.6O7(6)
Employees under the supervision of the licensee may be
engaged except that such provision shall not be construed
as exempting any such employee from licensing or
registration requirements imposed by state law.
5.6O7(7)
No person shall be required to obtain a license under this
section to perform any work at his own residence, provided
that such person is qualified to perform such work in
accordance with all applicable standards prescribed by this
Code.
Page 93
SECTION 8: Section 5.608, of Ordinance No. 853, City Code of
1977, pertaining to the Licensing of Popcorn, Candy
and Ice Cream Wagons, which currently reads as
follows, to wit:
5.608(1)
No person shall engage in or conduct the business of selling popcorn,
candy, ice cream, ice milk or other confectionery items from a mobile
or moveable wagon, truck, trailer, or vehicle without a license issued
pursuant to the provisions of this Chapter.
5.608(2)
Application for a license under this section shall include a statement
describing all equipment and vehicles to be used in the course of
business together with any identifying license or serial numbers. The
application shall further indicate the place or places where sales will
be made and the proposed hours of operation.
5.608(3)
After a license application is approved by the Council, the applicant
shall present proof to the Clerk of insurance on each vehicle with an
insurance company licensed to transact business in this state. The
limits of such policy shall be One Hundred thousand dollars for bodily
injuries to or death of one person, and Two hundred thousand dollars
for any one accident resulting in injuries and/or death to more than
one person, and a total of Ten thousand dollars liability for damages
to property of others arising out of any one accident.
The applicant shall also present proof to the Clerk of public liability
insurance with an insurance company licensed to transact business in
this state. The limits of such policy shall be One hundred thousand
dollars for any one person, Two hundred thousand dollars for any one
accident, property damage of Twenty thousand dollars and with a
maximum total liability of Two hundred thousand dollars.
5.608(4)
Licensees under this section shall be restricted to the following hours
for conducting business:
(a) No sales may be made between the hours of 7:00 p.m. and 9:00
a.m. of the following day.
(b) Notwithstanding the foregoing, business may be conducted until
8:30 p.m. from June 1 to Labor Day, inclusive.
(c) Despite the hourly restrictions of 5.608(4)(a) and 5.608(4)(b)
above, any licensee who sells or attempts to sell the products which
are the subject of this section from not more than one location within
a twelve hour period may conduct business until 10:30 p.m.
Page 94
5.608(5)
No licensee under this section shall call attention to his business or to
his merchandise by blowing a horn, ringing a bell, by the use of a voice
amplifying device, or by any other method of causing a loud noise,
provided, however, that a licensee under this section may sound a
manually operated bell between noon and 8:30 p.m. daily, during the
months of June, July and August, which produces a noise level no
greater than 65 decibels when measured at the source of the noise.
5.608(5)
No licensee permitted to ring a bell under this section shall do so
within 300 feet of where the same licensee has rung a bell during the
same calendar day if more than fifteen minutes has elapsed between
the aforementioned acts of bell ringing.
5.608 (6)
No person, while engaging in the business described in this section,
shall operate a vehicle which is not equipped with warning lights to
specifically indicate that the vehicle makes frequent stops and is of a
slow moving nature.
SHALL HEREAFTER BE AMENDED TO READ AS FOLLOWS:
POPCORN, CANDY, ICE CREAM WAGCI'~$ AND FOOD CATERING VEHICLES
5.608(1)
No person shall engage in or conduct the business of
selling popcorn, candy, ice cream, ice milk or other
confectionary items from a mobile or moveable wagon,
truck, trailer, or vehicle without a license issued pursuant
to the provisions of this Chapter. All other food catering
vehicles must carry a license from the State of Minnesota
Board of Agriculture and shall operate pursuant to 5.608(6)
of this section.
5.608(2)
Application for a license under this section shall include the
full name of the applicant, address, date of birth and
driver's license number, a statement describing all
equipment and vehicles (ie. make, model) to be used in the
course of business together with any identifying license
and or serial numbers. The application shall further
indicate the -' .... ' ....... ~ ..... ' ..... :,, ~A --A~A A--~
I. Jlab~;~ Oi' I. Jlab~;~, VVll~l~ ~,al~;~, Will U~ IIIOU~ OIIU
hours of operation. The applicant shall list the full names,
addresses, date of birth, driver's license number of each
driver/operator of each vehicle and must notify the License
Clerk of any changes or additions during the license period.
All such vehicles must comply with the requirements as set
forth by the Minnesota Department of Agriculture and
applicant shall present proof of such license.
5.6O8(3)
After a license application is approved by the City Council,
the applicant shall present to the License Clerk proof of
insurance on each vehicle with an insurance company
licensed to transact business in this state. ~-he, ,,,,,,Lo':--:'- ~,,-~
I~IUI~;ILy UI ULII~;I,~ OIl,~lll~:J UUL UI Oily UII~; O~,~,ID~;IIL.
The Certificate shall state that coverage cannot be
canceled mid-term or not renewed without thirty (30) days
prior written notice to the City, any phraseology limiting
this requirement shall be stricken. The limits of such policy
are as follows:
1. Automobile Liability:
a. Combined Single Limits - $500,000 each
occurrence; or
b. Bodily Injury Liability - $100,000 each
person, $500,000 each occurrence; and
c. Property Damage Liability - $100,000
each occurrence.
2. Commercial General Liability Covering Operations and
Products Liability:
a. Combined Single Limits - $100,000 each
occurrence, $500,000 aggregate; or
5.608(4)
b. Bodily Injury Liability - $100,000 each
person, $500,000 aggregate; and
c. Property Damage Liability - $50,000 each
occurrence.
3. Workers' Compensation Coverage
a. Statutory coverage to comply with section
1776.182 of the Minnesota Statutes.
Licensees under this section shall be restricted to the following hours for
conducting business:
(a)
No sales may be made between the hours of
7:00 p.m. and 9:00 a.m. of the following day.
5.6O8(5)
(b)
Notwithstanding the foregoing, business may
be conducted until 8:30 p.m. from June 1 to
Labor Day, inclusive.
(c)
Despite the hourly restrictions of 5.608(4)(a)
and 5.608(4)(b) above, any licensee who sells
or attempts to sell the products which are the
subject of this section from not more than one
location within a twelve hour period, may
conduct business until 10:30 p.m.
No licensee under this section shall call attention to his
business or to his merchandise by blowing a horn, ~
a bell, by the use of a voice amplifying device, or by any
other method of causing a loud noise, provided, however,
that a licensee under this section may sound a manually
operated non-amplified bell only while the vehicle is in
motion, and between noon and~.,~,°"~'~ p.m. 6:00 p.m. daily.
5.6O8(6)
No person, while engaging in the business described in this
section, shall operate a vehicle which is not equipped with
warning lights to specifically indicate that the vehicle
makes frequent stops and is of a slow moving nature.
Mobile food catering vehicles must be parked at the street
curb while engaging in vending operations and vending
shall be done only from the curb side of the vehicle. Each
food catering vehicle must be equipped with flashing
lights on both front and rear of the vehicle, clearly visible
to oncoming automobiles in full daylight. For the full period
during which such food catering vehicle is stopped for
vending or stopped in such a manner or place as to
reasonably cause others to believe that it is proposing to
engage in vending operations, said operator shall stand
alongside said food catering vehicle in such manner as to
be able to observe traffic coming from all directions and to
observe children crossing the street in the immediate
vicinity of said food catering vehicle. Such person shall
give adequate warning to oncoming vehicles and to
children so as to avoid accident or injury to said children.
5.608(7)
Any person violating any provision of this ordinance shall
be guilty of a misdemeanor, and upon conviction thereof,
shall be punished by a fine of not more than seven hundred
dollars ($700) and imprisonment for not more than ninety
(90) days, or both, together with the costs of prosecution.
Page 97
SECTION 9:
Section 5.610, of Ordinance No. 853, City Code of
1977, pertaining to the Licensing of Miscellaneous
Businesses, which currently reads as follows, to wit:
5.609(1)
No person shall operate a kennel, pet shop, or gun shop without a
license issued pursuant to the provisions of this chapter.
5.609(2)
The Council may require license applicants under this section to
provide a statement indicating whether the applicant or any of his
employees or agents have been convicted of any crimes. Such
requirement shall be a continuing one with respect to any new
employees or agents of the applicant. Any conviction of a crime by
the applicant or his agents or employees which bears any relevancy to
the applicant's proposed business may be found by the Council to be
grounds for denial of the license application or revocation or
suspension of any existing license.
5.609(3)
No license for a gun shop shall be issued to any applicant for a
location within 500 feet of any public school or church.
SHALL BE REPEALED AND SHALL HEREAFTER READ AS FOLLOWS:
PET SHOPS AND COMMERCIAL KENNELS
5.609(1)
No person shall operate a pet shop or commercial kennel
without a license issued pursuant to the provisions of this
chapter. All such operations shall comply with the
requirements of the Zoning Ordinance.
5.609(2)
For the purpose of this chapter the following definitions
shall apply:
(a) Kennels: A place where three or more animals are kept
for the business of selling, boarding for a fee, breeding for
sale, or some other enterprise intended primarily for profit-
making purposes except for an animal hospital, pet shop or
veterinary clinic.
(b) Pet Shop: Any person, partnership or corporation
engaged in the business of breeding, buying, selling or
boarding animals of any species except veterinary hospitals
or kennels.
(c) Veterinary Hospital: Any establishment maintained
and operated by a licensed veterinarian for the diagnosis,
care and treatment of diseases and injuries of animals.
(d) "Animal" means cats, dogs, domestic animals, and
wild animals, and crossbreeds with wild animals not
customarily maintained at all times in a cage.
5.609(3)
5.609(4)
5.609(5)
The City Council may require license applicants under this
section to provide a statement indicating whether the
applicant or any of his/her employees or agents have been
convicted of any crimes relating to animal abuse or animal
cruelty. Such requirements shall be a continuing one with
respect to any new employees or agents of the applicant.
Any conviction of a crime by the applicant or his/her
agents or employees which bears any relevancy to the
applicant's proposed business may be found by the City
Council to be grounds for denial of the license application
or revocation or suspension of any existing license.
No kennel licensee under this section may conduct
business between the hours of 9:00 p.m. and 9:00 a.m. of
the following day. Notwithstanding the foregoing, pet
shops and veterinary hospitals/clinics are excluded from
these restrictions.
The expiration date of licenses addressed in this section
shall expire on December 31 of each year. Applications for
renewal shall be made a minimum of thirty days prior to
expiration of the current license. No license issued under
the terms of this section shall be transferable between
persons or premises.
The Humane Officer shall conduct an inspection prior to the
issuance of the license and shall recommend to the City
Council whether or not to renew the license without full
compliance to the requirements of this section.
5.609(6)
Kennels and Pet Shops shall be kept in a clean and
healthful condition at all times and shall be open to
inspection by any person charged with the enforcement of
this section. All pet shops and kennels shall be maintained
in accordance with the "Animal Husbandry Manuel"
published by the Pet Industry Joint Advisory Council. A
licensee shall be responsible for all actions and conduct of
any employee or agent of the licensee and any violation of
this section by an employee or agent shall be deemed to be
actions and conduct of the licensee. The copy of the
"Animal Husbandry Manual" shall be provided by the
owner/license holder for employees to use as a reference
manual. Licensees and all employees shall have an
understanding of the animal care statutes set by the State
of Minnesota and the "Animal Husbandry Manual".
Page 99
SECTION 10:
Section 5.610, of Ordinance No. 853, City Code of
1977, pertaining to the Licensing of Tree Services,
which currently reads as follows, to wit:
5.610(1)
No individual, partnership or corporation may cut, trim, prune,
remove, spray or otherwise treat trees for financial remuneration
within the City of Columbia Heights without first having secured a
license from the City to conduct such business unless such individual,
partnership, or corporation is the owner of the property on which such
tree is located.
5.610(2)
The application for a license shall be made on a form approved by the
City which shows, among other things, the name and address of the
applicant, the number and names of the employees of the applicant,
the number of vehicles of applicant, together with a description and
license number of each vehicle, the type of equipment proposed to be
used, and a description of the primary disposal site for any trees to be
removed.
5.610(3)
No license or renewal shall be granted, nor shall the same be effective,
until the applicant shall file with the City Clerk proof of a public
liability insurance policy covering all operations of such applicant
under this ordinance for the sum of at least one hundred thousand
dollars ($100,000.00) against liability for bodily injuries or death for
each person, for the sum of at least three hundred thousand dollars
($300,000.00) against liability for bodily injuries or death to more than
one person from one accident and for a least fifty thousand dollars
($50,000.00) against liability for damage or destruction of property.
The City shall be named and the insurance provided shall include the
City as an additional party insured. Said policy shall provide that it
may not be canceled by the insurer except after ten (10) days' written
notice to the City, and if such insurance is so canceled and the licensee
shall fail to replace the same with another policy conforming to the
provisions of this ordinance, said license shall be automatically
suspended until such insurance shall have been replaced. No
individual, partnership or corporation required to be licensed under
this ordinance may cut or chemically treat trees within the City of
Columbia Heights without first having filed the liability insurance
required by this section.
5.610(4)
Each license applicant shall file with the City Clerk a Certificate of
Insurance of Worker's Compensation when such insurance is required
by State Statute. No individual, partnership or corporation required
to be licensed under this ordinance may cut or chemically treat any
trees within the City of Columbia Heights without having first filed the
Certificate of Worker's Compensation Insurance required by this
section.
Page 100
5.610(5)
No license shall be granted to any applicant if the primary disposal site
for trees is not approved by the Minnesota Pollution Control Agency.
Upon request of the City Clerk or his representative, any licensee shall
forthwith supply evidence that such licensee has dumped or disposed
of all diseased trees only at sites approved by the Minnesota Pollution
Control Agency. Should such evidence not be supplied within ten
(10) days of such request, such license shall be suspended until such
evidence shall be supplied.
5.610(6)
The annual license fee shall be set by resolution of the Council. In the
absence of such resolution, the annual license fee shall be $25.00.
SHALL HEREAFTER BE AMENDED TO READ AS FOLLOWS:
5.610(1)
No individual, partnership or corporation may cut, trim,
prune, plant, remove, spray or otherwise treat trees for
financial remuneration within the City of Columbia Heights
without first having secured a license from the City to
conduct such business unless such individual, partnership,
or corporation is the owner of the property on which such
tree is located.
5.610(2)
The application for a license shall be made on a form
approved by the City which shows, among other things,
the name and address of the applicant, the number of
vehicles of applicant, together with a description and
license number of each vehicle, the type of equipment
proposed to be used, and a description of the primary
disposal site for any trees to be removed.
5.610(3)
No license or renewal shall be granted, nor shall the same
be effective, until the applicant shall file with the City Clerk
a Certificate of Insurance providing proof of a public
liability insurance policy covering all operations of such
applicant under this ordinance for the sum of at least one
hundred thousand dollars ($100,000) against liability for
bodily injuries or death for each person, for the sum of at
least three hundred thousand ($300,000) dollars against
liability for bodily injuries or death to more than one person
from one accident and for at least ~:~
lilly LI IUU~OI lU
one hundred thousand dollars ($100,000) against liability
for damage or destruction of property. The City shall be
named and the insurance provided shall include the City as
an additional party insured. Said policy shall provide that
it may not be canceled by the insurer except after ten (10)
days written notice to the City, and if such insurance is so
canceled and the licensee shall fail to replace the same
with another policy conforming to the provisions of this
ordinance, said license shall be automatically suspended
until such insurance shall have been replaced. No
individual, partnership or corporation required to be
licensed under this ordinance may ~uL ~,, ~,,~,,,,~o,,y treat
trees perform any tree services within the City of Columbia
Heights without first having filed the liability insurance
required by this section.
Page 101
5.610(4)
Each license applicant shall file with the City License Clerk
a Certificate of Insurance indicating of Worker's
Compensation when such insurance is required by State
Statute. No individual, partnership or corporation required
to be licensed under this ordinance may ~uL ~,, ~,,=,,,,~o,,y
treat any trees perform any tree services within the City of
Columbia Heights without having first filed the Certificate
of Worker's Compensation Insurance required by this
section·
5.610(5)
No license shall be granted to any applicant if the primary
disposal site for trees is not approved by the Minnesota
Pollution Control Agency. Upon request of the City Clerk
License Clerk or his/her representative, any licensee shall
forthwith supply evidence that such licensee has dumped
or disposed of all diseased trees only at sites approved by
the Minnesota Pollution Control Agency. Should such
evidence not be supplied within ten (10) days of such
request, such license shall be suspended until such
evidence shall be supplied.
5.610(6)
The annual license fee shall be set by resolution of the City
,~,,o~ o,,~,, ~ ~.~. Any n v u , partner or
corporation violating any provision of this ordinance shall
be guilty of a misdemeanor, and upon conviction thereof,
shall be punished by a fine of not more than seven hundred
dollars ($700) and imprisonment for not more than ninety
(90) days, or both, together with the costs of prosecution.
SECTION 12:
Section 5.612, of Ordinance No. 853, City Code of
1977, pertaining to the Licensing of Massage
Therapists/Massage Therapist Businesses, which
currently reads as follows, to wit:
5.612(1)
(a) No person shall perform massage therapy without a license issued
pursuant to the provisions of this section.
(b) No person shall operate a business as a massage therapist without
having first obtained a massage therapist business license issued
pursuant to the provisions of this section.
(c) This section shall not apply to any hospital, sanitorium, rest home,
nursing home, boarding home, or other institution for the
hospitalization or care of human beings, duly licensed under the
provisions of Minnesota Statutes 144.50 - 144.703, or to persons duly
licensed, or in the employment of or under contract with persons duly
licensed by the State of Minnesota to practice medicine, surgery,
osteopathy, chiropractic, physical therapy or podiatry, with or without
the use of mechanical, therapeutic, or bathing devices.
Page 102
5.612(2)
Definitions - For purposes of this section, the following words shall
have the following meanings ascribed to them:
(a) "Massage therapist" shall mean any person who for a fee rubs,
presses, strokes, kneads, taps, rolls, pounds, vibrates or stimulates
these superficial parts of the human body with the hands or any
instrument.
(b) "Massage therapy business" shall mean any person, partnership or
corporation, either as principal or agent, who engages in the business
of massage therapy or the employment of others performing massage
therapy for a fee.
5.612 (3) Application
(a) Every person desiring a license to perform massage therapy shall
apply to the City Council for a license on an application form provided
by the City Clerk. The application shall include:
(i) name, place and date of birth and street residence
of the applicant;
(ii) the length of experience in this occupation and the
past places of employment and positions held for the
last ten years; and
(iii) a description of any crime or other offense,
including the time, place, date and disposition for
which the applicant has been arrested and convicted.
(b) No person shall make any material false statement in any
application.
(c) Each application for a massage therapist license shall furnish with
the application a diploma or certificate of graduation from an
American Massage Therapist Association approved school or a
diploma or certificate of graduation from a school which is either
accredited by a recognized educational accrediting agency or
association or is licensed by the state or local government agency
having jurisdiction over the school.
(d) Each applicant shall also furnish proof at the time of application
of course work in the theory and practice of massage (including but
not limited to Swedish, Esalen, Shiatsu, and/or Foot Reflexology
techniques) hygiene, and anatomy, including but not limited to skeletal
and muscular structure and organ placement.
Page 103
(e) Each applicant at the time of application shall demonstrate that the
applicant has had no less than six months' experience in the practice
of therapeutic massage with a minimum of 25 verified full practice
massage therapy treatments which applicant has performed in a
noncommercial setting and in the status of a trainee. For purposes of
this subdivision, a trainee shall mean those persons with less than one
year's experience in the practice of therapeutic massage and engaged
in the active pursuit of knowledge of massage and related areas.
Applicants who have been actively engaged in the practice of
therapeutic massage for at least six months outside of the City may,
in the alternative, furnish proof of such practice. No person shall
make application for a massage therapy business license unless such
person has been licensed as a massage therapist within the City of
Columbia Heights. In addition to complying with the application
requirements for a massage therapist required by this subdivision, an
applicant for a massage therapist business license must show proof
that the proposed location of the massage therapy business is properly
zoned for such use and must demonstrate that the applicant has a right
to a superior possessory interest in the premises at the location
approved to be licensed.
(f) Each application for a massage therapist license or a massage
therapist business license shall be required to submit to and pass an
examination as to the qualifications and competence of said applicant
for the practice of massage. The examination shall be given by the
City Clerk or such persons as he may designate, in the form he may
prescribe, whether written, oral or practical so as to determine
whether the applicant has sufficient knowledge, skill, training, and
experience to safely and competently administer massages to the
general public. Such examination shall test the applicant's (i)
knowledge of massage and public health statutes, ordinances, rules
and regulations; (ii) knowledge of anatomy; (iii) knowledge of the
theory of massage; and (iv) knowledge and ability in practical
massage. The City Clerk shall determine whether the applicant has
demonstrated sufficient knowledge, skill, training, and experience to
safely and competently administer massages to the general public.
The City Clerk shall have the power to delegate the administration and
grading of the examination to the Division of Public Health of the City
of St. Paul, and the City Clerk shall have the authority to accept test
results from previous examinations within the City of St. Paul.
(g) Execution of the Application. If the applicant is a natural person,
the application shall be signed and sworn to by the person; if a
corporation, by an agent authorized to sign; if a partnership, by
partner.
(h) The Chief of Police or his designee shall investigate into the
truthfulness of the statements set forth in the application and shall
endorse his findings thereon. The applicant shall furnish to the Chief
of Police such evidence as he may reasonable require in support of the
statements set forth in the application.
Page 104
5.612(4)
License fee. The annual license fee for a massage therapist and a
massage therapist business licensee shall be determined by resolution
of Council. In the absence of a resolution, the fee shall be One
Hundred Dollars ($100.00). In addition to the fee specified above, an
additional One Hundred Dollar ($100.00) fee shall be paid by an
applicant; (a) upon initial application for one of the licenses specified
in this section, and (b) upon application for one of the licenses
specified in this section after failing to renew the license within one
year of the expiration date of the previously held license. The license
and application fees provided by this subdivision shall not be refunded
whether or not the license sought is granted.
5.612(5)
Expiration. All licenses issued under this section shall expire on
December 31 of each year.
5.612(6)
Location. A massage therapist licensed under this section shall
perform massage therapy only at the place of business of a massage
therapist business licensee designated in the massage therapist's
license. No massage therapist license may be transferred to a different
location or a different person.
A massage therapist business license under this section shall authorize
the licensee to carry on its business only at the permanent place of
business designated in the license. The massage therapist business
licensee shall either own the building in which the business is
conducted or have a lease on the business premises which extends for
more than six months. No massage therapist business license may be
transferred to a different location or a different person.
5.612 (7) Prohibitive acts. No licensed massage therapist or massage therapist
business licensee shall permit or engage in the practice of business of
massage therapy in a location or in a manner that violates any of the
provisions of this section or any of the following standards, to-wit:
A. Operation Standards.
(1) All customers are to be provided with single service
disposable foot coverings which are not to be reused.
(2) All employees shall wash their hands thoroughly in an
approved handwashing facility before starting any body
massaging, handling, clean linen or clean supplies.
(3) All massage tables are to be provided with single use
linen or a single use disposable paper sheet covering that
is both wide and long enough to cover the complete table
top. All towels are to be laundered in an approved manner
after each use. All soiled linen and towels are to be sorted
in an approved receptacle.
Page 105
(4) Only single service disposable drinking cups for
customers shall be allowed within the establishment.
(5) All customers shall inform the operator of any medical
disabilities prior to use of facilities.
(6) The 3ersonnel shall observe all occupants in the sauna
room at five (5) minute intervals.
(7) All cosmetic products shall remain in their original
containers or in properly labeled self-identifying containers.
(8) A copy of these Rules and Regulations shall be posted
in a conspicuous place for customer observance.
B. Equipment Standards.
(1) The covering on the massage table shall be waterproof.
(2) The massage tables shall be constructed of material
that is smooth and easily cleanable.
(3) A functioning combination of relative humidity and
temperature indicator shall be installed on the inside wall
and another on the outside wall of each sauna room. The
indicator shall be so located as to be easily observed.
(4) During housekeeping procedures there shall be a
minimum of fifteen (15) foot candles of illumination
available. This illumination shall be provided by permanent
electrical fixtures in all sauna and massage rooms.
C. Health and Disease Control. No person, while affected
with any disease in a communicable form, or while a carrier
of such disease, or while affected with boils, infected
wounds, sores, or an acute respiratory infection, shall work
in or use the service of any sauna or massage parlor in any
capacity in which there is a likelihood of such person
contaminating surfaces with pathogenic microorganisms or
transmitting disease to other individuals, and no person
known or suspected of being affected with any such
disease or condition shall be employed or permitted in such
an area or capacity. If the licensee or his manager has
reason to suspect that an employee has contracted any
disease, in a communicable form or had become a carrier
of such disease, he shall notify the Health Officer
immediately.
Page 106
5.612(8)
Denial, Suspension or Revocation. Any license under this section may
be denied, suspended or revoked for any of the following reasons:
(a) The use or proposed use is in conflict with the Columbia Heights
Zoning Code;
(b) The use or proposed use is in conflict with any heath, building,
building maintenance or other provision of this Code or state law;
(c) Violation of any provisions of this section;
(d) Fraud, misrepresentation or bribery in the securing of a license or
any false misrepresentation on any license application;
(e) Fraud, misrepresentation or false statements made in the course
of the applicant's business;
(f) Conviction of the applicant or licensee, any partner or shareholder
of the applicant or licensee, any employee of the applicant or licensee
within the preceding five (5) years, of any crime, petty misdemeanor
or municipal ordinance relating to the general health, welfare, morals,
and safety of the community; or
(g) Habitual drunkenness or intemperance in the use of drugs
including, but not limited to, the use of drugs defined in Minnesota
Statutes 618.01, barbituates, hallucinogenic drugs, amphetamines,
Benzedrine, Dexadrine or other sedatives, depressants, stimulants or
tranquilizers; engaging in conduct involving moral turpitude or
permitting or allowing others within their employ or agency to engage
in conduct involving moral turpitude or failing to prevent agents,
officers or employees in engaging in conduct involving moral
turpitude.
SHALL HEREAFTER BE AMENDED TO READ AS FOLLOWS:
5.612(1)
(a) No person shall perform massage therapy without a
license issued pursuant to the provisions of this section.
(b) No person shall operate a business as a massage
therapist without having first obtained a massage therapist
business license issued pursuant to the provisions of this
section.
(c) This section shall not apply to any hospital, sanitorium,
rest home, nursing home, boarding home, or other
institution for the hospitalization or care of human beings,
duly licensed under the provisions of Minnesota Statutes
144.50 - 144.703, or to persons duly licensed, or in the
employment of or under contract
Page 107
with persons duly licensed by the State of Minnesota to
practice medicine, surgery, osteopathy, chiropractic,
physical therapy or podiatry, with or without the use of
mechanical, therapeutic or bathing devices.
5.612(2)
Definitions. For purposes of this section, the following
words shall have the following means ascribed to them:
(a) "Massage Therapist" shall mean any person who, for a
fee, rubs, presses, strokes, kneads, taps, rolls, pounds,
vibrates or stimulates these superficial parts of the human
body with the hands or any instrument.
(b) "Massage Therapy Business" shall mean any person,
partnership or corporation, either as principal or agent, who
engages in the business of massage therapy or the
employment of others performing massage therapy for a
fee.
5.612(3)
Any business under this section shall comply with all
requirements of the Zoning Ordinance.
5.61 2(4) Application.
(a) Every person desiring a license to perform massage
therapy shall apply to the City Council for a license on an
application form provided by the City Clerk. The
application shall include:
(i) Full name, place and date of birth and
current street address of the applicant.
(ii) The length of experience in this occupation
and the past places of employment and
positions held for the last ten years; and
(iii) A description of any crime or other
offense, including the time, place, date and
disposition for which the applicant has been
arrested and convicted.
(b) No person shall make any material false statement in
any application.
(c) Each application for a massage therapist license shall
furnish with the application a diploma or certificate of
graduation from an American Massage Therapist
Association approved school or a diploma or certificate of
graduation from a school which is either accredited by a
recognized educational accrediting agency or association or
is licensed by the state or local government agency having
jurisdiction over the school.
Page 108
Such certificate/diploma shall be prominently displayed in
the area wherein massage is conducted.
(d) Each applicant shall also furnish proof, at the time of
the application, of course work in the theory and practice
of massage (including but not limited to Swedish, Esalen,
Shiatsu, and/or Foot Reflexology techniques), hygiene, and
anatomy, including but not limited to skeletal and muscular
structure and organ placement.
(e) Each applicant, at the time of application, shall
demonstrate that the applicant has had no less than six
months' experience in the practice of therapeutic massage
therapy treatments with a minimum of 25 verified full
practice massage therapy treatments which applicant has
performed in a noncommercial setting and in the status of
atrainee. For purposes of this subdivision, a trainee shall
mean those persons with less than one year's experience
in the practice of therapeutic massage and engaged in the
active pursuit of knowledge of massage and related areas.
Applicants who have been actively engaged in the practice
of therapeutic massage for at least six months outside of
the City may, in the alternative, furnish proof of such
practice. No person shall make application for a massage
therapy business license unless such person has been
licensed as a massage therapist within the City of Columbia
Heights. In addition to complying with the application
requirements for a massage therapist required by this
subdivision, an applicant for a massage therapist business
license must show proof that the proposed location of the
massage therapy business is properly zoned for such use
and must demonstrate that the applicant has a right to a
superior possessory interest in the premises at the location
approved to be licensed.
(f) Each application for a massage therapist license or a
massage therapist business license shall be required to
submit to and pass an examination as to the qualifications
and competence of said applicant for the practice of
massage. The examination shall be given by the City Clerk
or such persons as he/she may designate, in the form
he/she may prescribe, whether written, oral, or practical so
as to determine whether the applicant has sufficient
knowledge, skill, training, and experience to safely and
competently administer massages to the general public.
Such examination shall test the applicant's ~ knowledge
of massage and public health statutes, ordinances, rules
and regulations; lift knowledge of anatomy; fi+i)- knowledge
of the theory of massage; ~ and knowledge and ability in
practical massage. The City Clerk shall determine whether
the applicant has demonstrated sufficient knowledge, skill,
training, and experience to safely and competently
administer massages to the general public. The City Clerk
shall have the power to delegate the administration and
grading of the examination t~, .~AL,,~ ~,,V,O,~,,,~':'':--:A-- ~,, rUU,,~ I ,~O,L,,
A~ .~A ,--: .... · 0. ~A.., City
~,, ~,,= '~,~y ~,, .~. rOU,, and the Clerk shall have the
authority to accept test results from previous examinations
'-':'~:- '~ ": .... ' °' ~A'" conducted by authori ed
VVILIIIII LII~; ~,,I L y MI ~.~L. FaUl an z
testing agency.
Page 109
5.612(5)
(g) Execution of the Application. If the applicant is a
natural person, the application shall be signed and sworn
to by the person; if a corporation, by an agent authorized
to sign; if a partnership, by a partner.
(h) Any falsification of information on the license
application shall result in the denial of said license.
(i) The Chief of Police of or his designee shall investigate
into the truthfulness of the statements set forth in the
application and shall endorse his findings thereon. The
applicant shall furnish to the Chief of Police such evidence
as he may reasonably require in support of the statements
set forth in the application.
License Fee. The annual license fee for a Massage
Therapist and a Massage Therapist Business licensee shall
be determined by resolution of the City Council. In the
absence of a resolution, the fee shall be One Hundred
Dollars ($100.00). In addition to the fee specified above,
an additional One Hundred Dollar ($100.00) fee shall be
paid by an applicant:
(a) Upon initial application for one of the licenses specified
in this section; and
5.612(6)
5.612(7)
(b) Upon application for one of the licenses specified in this
section after failing to renew the license within one year of
the expiration date of the previously held license.
The license and application fees provided by this
subdivision shall not be refunded whether or not the license
sought is granted.
(c) Renewals. An application for a renewal of a Massage
Therapist License or Massage Therapy Business License
shall be made in the same manner as the original
application.
Expiration. All licenses issued under this section shall
expire on December 31 of each year.
Location. A Massage Therapist licensed under this section
shall perform massage therapy only at the place of
business of a Massage Therapist Business licensee
designated in the Massage Therapist's license. No
Massage Therapist license may be transferred to a different
location or a different person.
A Massage Therapist Business license under this section
shall authorize the licensee to carry on its business only at
the permanent place of business designated in the license.
The Massage Therapist Business licensee shall either own
the
Page 11 0
5.612(8)
building in which the business is conducted or have a lease
on the business premises which extends for more than six
months. No Massage Therapist Business license may be
transferred to a different location or a different person.
Prohibitive Acts. No licensed Massage Therapist or
Massage Therapist Business licensee shall permit or engage
in the practice of or business of massage therapy in a
location or in a manner that violates any of the provisions
of this section or any of the following standards, to wit:
A. Operation Standards.
(1) All customers are to be provided with single service
disposable foot coverings which are not to be reused.
(2) All employees shall wash their hands thoroughly in an
approved handwashing facility before starting any body
massaging, handling, clean linen or clean supplies.
(3) All massage tables are to be provided with single use
linen or a single use disposable paper sheet covering that
is both wide and long enough to cover the complete table
top. All towels are to be laundered in an approved manner
after each use. All soiled linen and towels are to be sorted
in an approved receptacle.
(4) Only single service disposable drinking cups for
customers shall be allowed within the establishment.
(5) All customers shall inform the operator of any medical
disabilities prior to use of facilities.
(6) The 3ersonnel shall observe all occupants in the sauna
room at five (5) minute intervals.
(7) All cosmetic products shall remain in their original
containers or in properly labeled self-identifying containers.
(8) A copy of these Rules and Regulations shall be posted
in a conspicuous place for customer observance.
B. Equipment Standards.
(1) The covering on the massage table shall be waterproof.
(2) The massage tables shall be constructed of material
that is smooth and easily cleanable.
Page 1 1 1
(3) A functioning combination of relative humidity and
temperature indicator shall be installed on the inside wall
and another on the outside wall of each sauna room. The
indicator shall be so located as to be easily observed.
(4) During housekeeping procedures there shall be a
minimum of fifteen (15) foot candles of illumination
available. This illumination shall be provided by permanent
electrical fixtures in all sauna and massage rooms.
C. Health and Disease Control. No person, while affected
with any disease in a communicable form, or while a carrier
of such disease, or while affected with boils, infected
wounds, sores, or an acute respiratory infection, shall work
in or use the service of any sauna or massage parlor in any
capacity in which there is a likelihood of such person
contaminating surfaces with pathogenic microorganisms or
transmitting disease to other individuals, and no person
known or suspected of being affected with any such
disease or condition shall be employed or permitted in such
an area or capacity. If the licensee or his manager has
reason to suspect that an employee has contracted any
disease, in a communicable form or had become a carrier
of such disease, he shall notify the Health Officer
immediately.
5.612(9)
Denial, Suspension or Revocation. Any license under this
section may be denied, suspended or revoked for any of
the following reasons:
(a) The use or proposed use is in conflict with the Columbia
Heights Zoning Code;
(b) The use or proposed use is in conflict with any health,
building, building maintenance or other provision of this
Code or State law;
(c) Violation of any provisions of this section;
(d) Fraud, misrepresentation or bribery in the securing of a
license or any false misrepresentation on any license
application;
(e) Fraud, misrepresentation or false statements made in
the course of the applicant's business;
(f) Conviction of the applicant or licensee, any partner or
shareholder of the applicant or licensee, any employee of
the applicant or licensee within the preceding five (5)
years, of any crime, petty misdemeanor or municipal
ordinance relating to the general health, welfare, morals,
and safety of the community; or
(g) Habitual drunkenness or intemperance in the use of
drugs including, but not limited to, the use of drugs defined
in Minnesota Statutes 61 8.01, barbiturates,
Page 11 2
hallucinogenic drugs, amphetamines, benzedrine, dexadrine
or other sedatives, depressants, stimulants or tranquilizers;
engaging in conduct involving moral turpitude or permitting
or allowing others within their employ or agency to engage
in conduct involving moral turpitude or failing to prevent
agents, officers or employees in engaging in conduct
involving moral turpitude.
5.612.10
SEVERABILITY AND SAVINGS CLAUSE. If any section or
portion of this ordinance shall be found unconstitutional or
otherwise invalid or unenforceable by a court of competent
jurisdiction, that finding shall not serve as an invalidation or
effect the validity and enforceability of any other section or
provision of this ordinance.
SECTION 13:
Section 5.613, of Ordinance No. 853, City Code of
1977, pertaining to the Licensing of Sexually
Oriented Businesses , which currently reads as
follows, to wit:
The purpose and intent of this ordinance is to regulate sexually oriented businesses
to promote the health, safety, morals and general welfare of the citizens of the City
of Columbia Heights and to establish reasonable and uniform regulations to:
(g) Prevent additional criminal activity;
Prevent deterioration of neighborhoods and its consequent adverse
effect on real estate values of properties within the neighborhood;
c)
To locate sexually oriented businesses away from residential areas, schools
and churches;
d)
Prevent concentration of sexually oriented businesses within certain areas of
the City.
The provisions of this ordinance have neither the purpose nor effect of imposing a
limitation or restriction on the content of any communicative materials, including
sexually oriented adult materials. Similarly, it is not the intent or effect of this
ordinance to restrict or deny access by adults to sexually oriented materials protected
by the First Amendment, or to deny access by distributors and exhibitors of sexually
oriented entertainment to their intended market.
5.613(1)
(a) No person shall own or operate a Sexually oriented Business
without having a valid license issued by the City
5.613(2)
Any of the following activities and businesses described below are
"Sexually Oriented Business" as defined in this Code:
Page 113
(a) Adult Body Painting Studio: An establishment or business which
provides the service of applying paint or other substance whether
transparent or nontransparent to or on the body of a patron when such
body is wholly or partially nude in terms of "specified anatomical
areas."
(b) Adult Book and Media Store: An establishment having as a
substantial portion of its stock in trade or stock in display books,
magazines, films, videotape or other media which are characterized by
their emphasis on matter depicting, describing, or relating to "specified
sexual activities" or "specified anatomical areas."
(c) Adult Cabaret: An establishment which provides dancing or other
live entertainment, if such establishment excludes minors by virtue of
age or if such dancing or other live entertainment is distinguished or
characterized by an emphasis on the performance, depiction or
description of "specified sexual activities" or "specified anatomical
areas."
(d) Adult Companionship Establishment: A companionship
establishment which excludes minors by reason of age, or which
provides the service of engaging in or listening to conversation, talk
or discussion between an employee of the establishment and a
customer, if such service is distinguished or characterized by an
emphasis on "specified sexual activities" or "specified anatomical
areas."
(e) Adult Establishment: Any business which offers its patrons
services, entertainment or the sale of merchandise characterized by an
emphasis on matter depicting, exposing, describing, discussing or
relating to "specified sexual activities" or "specified anatomical areas."
(f) Adult Entertainment Uses: Adult uses include adult bookstores,
adult motion picture theaters, adult mini-motion picture theaters, adult
massage parlors, adult steam room/bathhouse/sauna facilities, adult
companionship establishments, adult rap/conversation parlors, adult
health/sport clubs, adult cabarets, adult novelty businesses, adult
motion picture arcades, adult modeling studios, adult hotels/motels,
adult body painting studios, and other premises, enterprises,
establishments, businesses or places open to some or all members of
the public, at or in which there is an emphasis on the presentation,
display, depiction or description of "specified sexual activities" or
"specified anatomical areas." which are capable of being seen by
members of the public. Activities classified as obscene as defined by
Minnesota Statutes 617.241 are not included.
(g) Adult Hotel or Motel: Adult hotel or motel means a hotel or
motel room which minors are specifically excluded from patronage
and where in material is presented which is distinguished or
characterized by an emphasis on matter depicting,
Page 114
describing or relating to "specified sexual activities" or "specified
anatomical areas."
(h) Adult Massage Parlor/Health Club: A massage parlor or health
club which restricts minors by reason of age, and which provides the
services of massage, if such service is distinguished or characterized
by an emphasis on "specified sexual activities" or "specified
anatomical areas."
(i) Adult Mini-Motion Picture Theater:
(i) An enclosed building with a capacity for less than
50 persons used for presenting motion pictures,
including but not limited to film and videotape, having
as a dominant theme material distinguished or
characterized by an emphasis on matter depicting,
describing, or relating to "specified sexual activities"
or "specified anatomical areas."
(ii) Any business or building which presents motion
pictures, including films and videotapes, having a as a
dominant theme material distinguished or
characterized by an emphasis on matter depicting,
describing, or relating to "specified sexual activities"
or "specified anatomical areas., for viewing on the
premises, including but not limited to private booths,
viewing by means of coin operated or other
mechanical devices and the viewing of excerpts of
motion pictures offered for sale or rent.
(j) Adult Modeling Studio: An establishment whose major business
is the provision, to customers, of figure models who are so provided
with the intent of providing sexual stimulation or sexual gratification
to such customers and who engage in "specified sexual activities" or
display "specified anatomical areas" which being observed, painted,
painted upon, sketched, drawn, sculptured, photographed, or
otherwise depicted by such customers.
(k) Adult Motion Picture Arcade: Any place to which the public is
permitted or invited wherein coin or token-operated or electronically,
electrically or mechanically controlled or operated still or motor
picture machines, projectors or other image-producing devices are
maintained to show images to five or fewer persons per machine at
any one time, and where the images so displayed are distinguished or
characterized by an emphasis on depicting or describing "specified
sexual activities" or "specified anatomical areas".
(1) Adult Motion Picture Theater; An enclosed building with a
capacity of 50 or more persons used regularly and routinely for
presenting live entertainment or
Page 115
motions pictures, including but not limited to film and videotape,
having as a dominant theme material distinguished or characterized by
an emphasis on matter depicting, describing, or relating to "specified
sexual activities" or "specified anatomical areas" for observation by
patrons therein.
(m) Adult Novelty Business: A business which sells, offers to sell, or
displays devices which stimulate human genitals or devices which are
designed for sexual stimulation.
(n) Adult Sauna: A sauna which excludes minors by reason of age,
or which provides a steam bath or heat bathing room used for the
purpose of bathing, relaxation, or reducing, utilizing steam or hot air
5.613(3)
as a cleaning, relaxing or reducing agent, if the service provided by the
sauna is distinguished or characterized by an emphasis on "specified
sexual activities" or "specified anatomical areas".
For purposes of this section, the following words shall have the
following meanings ascribed to them:
(a) Church: A building or structure, or group of buildings or
structures, which by design and construction are primarily intended for
the conducting of organized religious services and associated
accessory uses.
(b) School: A public school as defined in Minnesota Statutes 120.05
or a nonpublic school or a nonsectarian nonpublic school as defined
in Minnesota Statutes 123.932.
(c) Specified Anatomical Areas: Specified anatomical areas are any
of the following:
(i) Less than completely and opaquely covered: (a)
human genitals, pubic region, or pubic hair; (b)
buttock, and (c) female breast below a point
immediately above the top of the areola; and
(ii) Human male genitals in a discernably turgid state,
even if opaquely covered.
(d) Specified Sexual Activities:
(i) Actual or simulated sexual intercourse, oral
copulation, anal intercourse, oral-anal copulation,
bestiality, direct physical stimulation of unclothed
genitals, flagellation or torture in the context of a
sexual relationship, or the use of excretory
Page 116
functions in the context of a sexual relationship, and
any of the following sexually oriented acts or conduct:
anilingus, buggery, coprophagy, coprophilia,
cunnilingus, fellatio, necrophilia, pederasty, pedophilia,
piquerism, sapphism, zooerasty, or
(ii) Clearly depicted human genitals in the state of
sexual stimulation, arousal or tumescence; or
(iii) Use of human or animal ejaculation, sodomy, oral
copulation, coitus, or masturbation; or
(iv) Fondling or touching of nude human genitals,
pubic region, buttocks or female breast; or
(v) Situations involving a person or persons,
any of whom are nude, clad in undergarments
or in sexually revealing costumes, and who
are engaged in activities involving the
flagellation, torture, fettering, binding or other
physical restraint of any such persons; or
(vi) Erotic or lewd touching, fondling or other
sexually oriented contact with an animal by a
human being; or
(vii) Human excretion, urination,
menstruation, vaginal or anal irrigation.
5.613(4)
Every Application for a license under this chapter shall be
verified and filed with the City Clerk.
5.613(5)
Except as specifically provided in this Code, no person may
erect, convert, enlarge, reconstruct or alter, or use any
land or structure for any purpose nor in any manner which
is not in conformity with this chapter.
5.613(6)
No Sexually Oriented Business shall engage in any activity
or conduct or permit any other person to engage in any
activity or conduct in or about the establishment which is
prohibited by any ordinance of the City of Columbia
Heights, the laws of the State of Minnesota, or the United
States of America. Nothing in this ordinance shall be
construed as authorizing or permitting conduct which is
prohibited or regulated by other statutes or ordinances,
including but not limited to statutes or ordinances
prohibiting the exhibition, sale or distribution of obscene
material generally, or the exhibition, sale, or distribution of
specified materials to minors.
Page 11 7
5.613(7)
5.613(8)
5.613(9)
5.613(10)
All Sexually Oriented Businesses which were lawfully in
existence as of the effective date of this ordinance and
which were rendered nonconforming by the application of
this ordinance shall be abated within three (3) years of the
date of enactment of this chapter.
(a) No Sexually Oriented Business may be located within 200 feet of
any residential zoning district boundary or less than 500 feet from any
church or school, or 150 feet from any park.
(b) No Sexually Oriented Business may be located within 400 feet of
another Sexually Oriented Business.
No Sexually Oriented Business shall be open to the public between the
hours of 11:00 p.m. and 8:00 a.m. of the following day.
(a) The premises on which a Sexually Oriented Business is located
shall prevent off-site viewing of its merchandise by completely
covering the windows and doors on its operation with an opaque
covering.
(b) All entrances to a Sexually Oriented Business, with the exception
of emergency fire exits which are not usable by patrons to enter the
business, shall be visible from a public right-of-way.
(c) The layout of the display areas of a Sexually Oriented Business
shall be designed so that the management of the establishment and any
law enforcement personnel can observe all patrons while they ave
access to any merchandise offered for sale or viewing including but
not limited to books, magazines, photographs, videotapes, or any
other persons or materials.
(d) The exterior of the premises on which a Sexually Oriented
Business is located shall be illuminated in a manner adequate to
observe the location, activities, and identity of all persons on the
exterior premises.
(e) No premises on which a Sexually oriented Business is located
shall contain partitions between subdivisions of a room, portion or
part of a building, structure or premises having an aperture which is
designed or constructed to facilitate sexual activity between persons
on either side of the partition.
(f) No premises on which a Sexually Oriented Business is located may
have booths, stall, or partitioned portions of a room, or individual
rooms, used for the viewing of motion pictures or any other form of
entertainment, having doors, curtains or portal partitions, unless its
booths, stalls, partitioned portions of a room, or individual rooms so
used shall have at least one side open to an adjacent public room so
that
Page 118
area inside is visible to persons in the adjacent public room. Such
areas shall be lighted in a manner that the persons in the areas used for
viewing motion pictures or any other form of entertainment are visible
from the adjacent public room.
5.613(11)
No Sexually Oriented Business shall display a sign containing
representational depictions of an adult nature or graphic description
of an adult theme.
5.613(12)
(a) Any license issued under this chapter is valid only for the licensed
premises.
(b) Applications for license must be made on forms provided by the
City. The application must be accompanied by a sketch or diagram
showing the configuration of the premises, including a statement of
the total floor space occupied by the business. The sketch or diagram
must be a drawing to a designated scale or drawn with marked
dimensions of the interior of the premises to an accuracy of plus or
minus six inches. Once a license is granted, no change in the premises
may be made without the applicant having first reapplied to the City
and demonstrating that the applicant has complied with all of this
chapter.
(c) The applicant must furnish all the information required to be
furnished by an applicant for an intoxicating liquor license under
5.503, except the information required by 5.503(4)(c)(x), and must
furnish any other information required by the City relevant to any
matters addressed by this chapter.
(d) The applicant must be qualified according to the provisions of this
chapter and the premises must be inspected and found to be in
compliance with the law by the health department, fire department,
and building official.
5.613(13)
The City Manager shall recommend approval of the issuance of a
license by the City to an applicant within forty-five days after the
receipt of an application unless he finds one or more of the following
to be true:
(a) An applicant is under 18 years of age.
(b) An applicant or an applicant's spouse is overdue in his payment to
the City, County or State of Taxes, fees, fines, or penalties assessed
against him or imposed upon him in relation to a Sexually Oriented
Business.
(c) An applicant has failed to provide information reasonably
necessary for issuance of the license or has falsely answered a question
or request for information on the application form.
(d) An applicant or an applicant's spouse has been convicted of a
violation of a provision of this chapter, other than the offense of
operating a Sexually Oriented
Page 119
Business without a license, within two years immediately preceding
the application. The fact that a conviction is being appealed shall have
no effect.
(e) An applicant is residing with a person who has been denied a
license by the City to operate a Sexually Oriented Business within the
preceding 12 months, or residing with a person whose license to
operate a Sexually Oriented Business has been revoked within the
preceding 12 months.
(f) The premises to be used for the Sexually Oriented Business have
not been approved by the health department, fire department, and the
building official as being in compliance with applicable laws and
ordinances; such inspections shall be completed within 30 days from
the date the application was submitted, providing that the application
contains all of the information required by this ordinance, If the
application is deficient, the inspections shall be completed within 30
days from the date the deficiency has been corrected.
(g) The license fee or investigation fee required by this chapter has
not been paid.
(h) An applicant has been employed in a Sexually Oriented Business
in a managerial capacity within the preceding 12 months and has
demonstrated that he is unable to operate or manage a Sexually
Oriented Business premises in a peaceful and law abiding manner, thus
necessitating action by law enforcement officers.
(i) An applicant or applicant's spouse has been convicted of a crime
involving any of the following offenses:
Any sex crimes as defined by Minnesota Statutes 609.29 through
609.352 inclusive, or as defined by any ordinance or statute in
conformity therewith;
Any obscenity crime as defined by Minnesota Statutes 617.23 through
617.299 inclusive, or as defined by any ordinance or statute in
conformity therewith;
for which:
less than two years have elapsed since the date of conviction or the
date of release from confinement imposed for the conviction,
whichever is the later date, if the conviction is of a misdemeanor
offense;
less than five years have elapsed since the date of the last conviction
or the date of release from confinement for the conviction, whichever
is the later date, if the conviction is a felony offense; or
less than five years have elapsed since the date of the last conviction
or the date
Page 120
of release from confinement for the last conviction, whichever is the
later date, if the convictions are of two or more misdemeanor offenses
or combination of misdemeanor offense occurring within any 24
month period.
(j) The fact that a conviction is being appealed shall have no effect on
the disqualification of the applicant or applicant's spouse.
(k) An applicant who has been convicted or whose spouse has been
convicted of an offense listed in Subsection 5.613 (13)(i) may qualify
for a Sexually Oriented Business license only when the time period
required by Subsection 5.613(13)(i) has elapsed.
For purposes of this section, the requirements imposed on an applicant
as a prerequisite to licenses shall apply if any person with an interest
in the business or premises as disclosed by 5.613(12) shall fail to
qualify for a license.
5.613(14)
The City Council shall act to approve or disapprove the license
application within 120 days from the date the application was
submitted, provided that the application contains all the information
required by this ordinance. If the application is deficient, the Council
5.613(15)
5.613(16)
5.613(17)
shall act on the application within 120 days from the date that the
deficiency had been corrected.
The license, if granted, shall state on its face the name of the person
or persons to whom it is granted, the expiration date, and the address
of the Sexually Oriented Business. The license shall be posted in a
conspicuous place at or near the entrance to the Sexually Oriented
Business so that it may be easily read at any time.
(a) Each license shall expire one (1) year from the date of issuance
and may be renewed only by making an application as provided in this
chapter. Application for renewal must be made at least 60 days before
the expiration date of a current license, and when made less than 60
days before the expiration date of the current license, the expiration
of the license will not be effected.
(b) When the City denies renewal of a license, the applicant shall not
be issued a license for one year from the date of denial. If, subsequent
to denial, the City finds that the basis for denial of the renewal license
has been corrected or abated, the applicant may be granted a license
if at least 90 days have elapsed since the date denial became final.
The City may suspend a license for a period not to exceed thirty days
if it determines that a licensee or an employee of a licensee has:
Page 121
5.613(18)
(a) Violated or is not in compliance with any provisions of this
chapter.
(b) Engaged in excessive use of alcoholic beverages while on the
Sexually Oriented Business premises.
(c) Refused to allow an inspection of the Sexually Oriented Business
premises as authorized by this chapter.
(d) Knowingly permitted gambling by any person on the Sexually
Oriented Business premises.
(e) Demonstrated inability to operate or manage a Sexually Oriented
Business in a peaceful and law abiding manner, thus necessitating
action by law enforcement officers.
(f) Any violations of the provisions of5.102 through 5.104, inclusive.
The City shall revoke a license if it determines that:
(a)
(b)
A licensee gave false or misleading information in the
material submitted to the City during the application
process.
A licensee or an employee has knowingly allowed
(c)
(d)
(e)
(f)
(g)
(h)
(i)
possession, use, or sale of controlled substances on the
premises.
A licensee or an employee knowingly allowed
prostitution on the premises.
A licensee or an employee knowingly operated the
Sexually Oriented Business during a period of time
when the licensee's license was suspended.
A licensee has been convicted of an offense listed in
Section 5.613(13)(i) for which the time period
required in Section 5.613(13)(i) has not elapsed.
On two or more occasions within a 12 month period,
a person or persons committed an offense occurring in
or on the licensed premises of a crime listed in Section
5.163 (13)(i) for which a conviction has been obtained,
and the person or persons were employees of the
Sexually Oriented Business at the time the offenses
were committed.
A licensee or an employee has knowingly allowed any
act of sexual intercourse, sodomy, oral copulation or
masturbation to occur in or on the licensed premises.
A licensee is delinquent in payment to the County or
State for hotel occupancy taxes, ad valorem taxes, or
sales taxes related to the Sexually Oriented Business.
A licensee has committed an act for which the City
may suspend the license pursuant to 5.613(17) and
that the license has been suspended within the
preceding 12 months.
The fact that a conviction is being appealed shall have
no effect on the revocation of the license.
Page 122
(k)
(1)
Subsection 5.613(18)(g) does not apply to adult
motels as a ground for revoking the license unless the
licensee or employee knowingly allowed the act of
sexual intercourse, sodomy, oral copulation,
masturbation, or sexual contact to occur in a public
place or within public view.
When the city revokes a license, the revocation shall
continue for one year and the licensee shall not be
issued a Sexually Oriented Business license for one
year from the date revocation became effective, If,
subsequent to revocation, the City finds that the basis
for the revocation has been corrected or abated, the
applicant may be granted a license if at least ninety
5.613(19)
5.613(20)
5.613(21)
days have elapsed since the date the revocation
became effective. If the license was revoked under
Subsection 5.613(18)(e), an applicant may be granted
another license until the appropriated number of years
required under Section 5.613(13)(i) has elapsed.
Any licensee shall not transfer this license to another, nor shall a
licensee operate a Sexually Oriented Business under the authority of
a license at any place other than the address designated in the
application.
Every section, provision or part of this chapter or any license issued
pursuant to this chapter is declared severable from every other section,
provision or part thereof to the extent that if any section, provision or
part of this chapter or any license issued pursuant to this chapter shall
be held invalid by a court of competent jurisdiction and shall not
invalidate any other section, provision or part hereof.
(a)
(b)
(c)
(d)
No person shall provide false information or
misrepresent any fact or information under 5.613 (12)
No person, including a licensee, owner, operator or
employee, shall allow a minor to be on the licensed
premises of a Sexually Oriented Business unless the
minor is accompanied by the minor's current legal
guardian.
No person, including the licensee, owner, operator or
employee, shall enter a Sexually Oriented Business
open to the public if the premises on which the
Sexually Oriented Business is located is in violation of
this chapter.
No person, including the licensee, owner, operator or
employee, shall deny access to any building or housing
official of the City or any employee of the police
department, health department or fire department to
inspect the premises of a Sexually Oriented Business
for the purpose of insuring compliance with the law at
any time that the premises are occupied or open for
business.
Page 123
SHALL HEREAFTER BE RENAMED AND AMENDED TO READ AS FOLLOWS:
SEXUALLY ORIENTED ADULT BUSINESSES
The purpose and intent of this ordinance is to regulate sexually oriented adult
businesses to promote the health, safety, morals and general welfare of the citizens
of the City of Columbia Heights and to establish reasonable and uniform regulations
to:
(c) Prevent additional criminal activity;
Prevent deterioration of neighborhoods and its consequent adverse
effect on real estate values of properties within the neighborhood;
c)
To locate sexually oriented adult businesses away from residential areas,
schools and churches;
d)
Prevent concentration of sexually oriented adult businesses within certain areas
of the City.
The provisions of this ordinance have neither the purpose nor effect of imposing a
limitation or restriction on the content of any communicative materials, including
sexually oriented adult materials. Similarly, it is not the intent or effect of this
ordinance to restrict or deny access by adults to sexually oriented materials protected
by the First Amendment, or to deny access by distributors and exhibitors of sexually
oriented entertainment to their intended market.
5.61 3 (1)
(a) No person shall own or operate a Sexually Oriented
Business without having a valid license issued by the City.
(b) Massage of any type must comply with Section 5.612
of this ordinance.
(c) All Sexually Oriented Adult Businesses shall comply
with the requirements of the Zoning Ordinance.
5.61 3 (2)
Any of the following activities and businesses described
below are "Sexually Oriented Adult Businesses" as defined
in this Code:
(a) Adult Body Painting Studio: An establishment or
business which provides the service of applying paint or
other substance whether transparent or nontransparent to
or on the body of a patron when such body is wholly or
partially nude in terms of "specified anatomical areas."
(b) Adult Book and Media Store: An establishment having
as a substantial portion of its stock in trade or stock in
display books, magazines, films, videotape or other media
which are characterized by their emphasis on matter
depicting, describing, or relating to "specified sexual
activities" or "specified anatomical areas."
Page 1 24
(c) Adult Cabaret: An establishment which provides
dancing or other live entertainment, if such establishment
excludes minors by virtue of age or if such dancing or
other live entertainment is distinguished or characterized by
an emphasis on the performance, depiction or description
of "specified sexual activities" or "specified anatomical
areas."
(d) Adult Companionship Establishment: A companionship
establishment which excludes minors by reason of age, or
which provides the service of engaging in or listening to
conversation, talk or discussion between an employee of
the establishment and a customer, if such service is
distinguished or characterized by an emphasis on "specified
sexual activities" or "specified anatomical areas."
(e) Adult Establishment: Any business which offers its
patrons services, entertainment or the sale of merchandise
characterized by an emphasis on matter depicting,
exposing, describing, discussing or relating to "specified
sexual activities" or "specified anatomical areas."
(f) Adult Entertainment Uses' Adult uses include adult
bookstores, adult motion picture theaters, adult mini-
motion picture theaters,OUU,LA~' .,, massage -A-lots,
~o, adult steam
room/bathhouse/sauna facilities, adult companionship
establishments, adult rap/conversation parlors, adult
health/sport clubs, adult cabarets, adult novelty
businesses, adult motion picture arcades, adult modeling
studios, adult hotels/motels, adult body painting studios,
and other premises, enterprises, establishments, businesses
or places open to some or all members of the public, at or
in which there is an emphasis on the presentation, display,
depiction or description of "specified sexual activities" or
"specified anatomical areas," which are capable of being
seen by members of the public. Activities classified as
obscene as defined by Minnesota Statutes 61 7.241 are not
included.
(g) Adult Hotel or Motel: Adult hotel or motel means a
hotel or motel room which minors are specifically excluded
from patronage and wherein material is presented which is
distinguished or characterized by an emphasis on matter
depicting, describing or relating to "specified sexual
activities" or "specified anatomical areas."
(i)(h) Adult Mini-Motion Picture Theater:
Page 125
(i) An enclosed building with a capacity for
less than 50 persons used for presenting
motion pictures, including but not limited to
film and videotape, having as a dominant
theme material distinguished or characterized
by an emphasis on matter depicting,
describing, or relating to "specified sexual
activities" or "specified anatomical areas."
(ii) Any business or building which presents
motion pictures, including films and
videotapes, having as a dominant theme
material distinguished or characterized by an
emphasis on matter depicting, describing, or
relating to "specified sexual activities" or
"specified anatomical areas., for viewing on
the premises, including but not limited to
private booths, viewing by means of coin
operated or other mechanical devices and the
viewing of excerpts of motion pictures offered
for sale or rent.
~ (i) Adult Modeling Studio: An establishment whose
major business is the provision, to customers, of figure
models who are so provided with the intent of providing
sexual stimulation or sexual gratification to such customers
and who engage in "specified sexual activities" or display
"specified anatomical areas" which being observed,
painted, painted upon, sketched, drawn, sculptured,
photographed, or otherwise depicted by such customers.
~ (j) Adult Motion Picture Arcade: Any place to which
the public is permitted or invited wherein coin or token-
operated or electronically, electrically or mechanically
controlled or operated still or motor picture machines,
projectors or other image-producing devices are maintained
to show images to five or fewer persons per machine at
any one time, and where the images so displayed are
distinguished or characterized by an emphasis on depicting
or describing "specified sexual activities" or "specified
anatomical areas".
~-b (k) Adult Motion Picture Theater; An enclosed building
with a capacity of 50 or more persons used regularly and
routinely for presenting live entertainment or motion
pictures, including but not limited to film and videotape,
having as a dominant theme material distinguished or
characterized by an emphasis on matter depicting,
describing, or relating to "specified sexual activities" or
"specified anatomical areas" for observation by patrons
therein.
~r (I) Adult Novelty Business: A business which sells,
offers to sell, or displays devices which stimulate human
genitals or devices which are designed for sexual
stimulation.
Page 1 26
5.613 (3)
~ (m) Adult Sauna: A sauna which excludes minors by
reason of age, or which provides a steam bath or heat
bathing room used for the purpose of bathing, relaxation,
or reducing, utilizing steam or hot air as a cleaning, relaxing
or reducing agent, if the service provided by the sauna is
distinguished or characterized by an emphasis on "specified
sexual activities" or "specified anatomical areas".
For purposes of this section, the following words shall have
the following meanings ascribed to them:
(a) Church: Abuilding or structure, or group of buildings
or structures, which the design and construction are
primarily intended for the conducting of organized religious
services and associated accessory uses.
(b) School: A public school as defined in Minnesota
Statutes 120.05 or a nonpublic school or a nonsectarian
nonpublic school as defined in Minnesota Statutes
123.932.
(c) Specified Anatomical Areas: Specified anatomical
areas are any of the following:
(i) Less than completely and opaquely
covered: (a) human genitals, pubic region, or
pubic hair; (b) buttock, and (c) female breast
below a point immediately above the top of
the areola; and
(ii) Human male genitals in a discernably
turgid state, even if opaquely covered.
(d) Specified Sexual Activities:
(i) Actual or simulated sexual intercourse,
oral copulation, anal intercourse, oral-anal
copulation, bestiality, direct physical
stimulation of unclothed genitals, flagellation
or torture in the context of a sexual
relationship, or the use of excretory functions
in the context of a sexual relationship, and
any of the following sexually oriented acts or
conduct: anilingus, buggery, coprophagy,
coprophilia, cunnilingus, fellatio, necrophilia,
pederasty, pedophilia, piquerism, sapphism,
zooerasty, or
(ii) Clearly depicted human genitals in the
state of sexual stimulation, arousal or
tumescence; or
Page 1 27
5.613(4)
5.613(5)
(iii) Use of human or animal ejaculation, sodomy, oral
copulation, coitus, or masturbation; or
(iv) Fondling or touching of nude human
genitals, pubic region, buttocks or female
breast; or
(v) Situations involving a person or persons,
any of whom are nude, clad in undergarments
or in sexually revealing costumes, and who
are engaged in activities involving the
flagellation, torture, fettering, binding or other
physical restraint of any such persons; or
(vi) Erotic or lewd touching, fondling or other
sexually oriented contact with an animal by a
human being; or
(vii) Human excretion, urination,
menstruation, vaginal or anal irrigation.
Every Application for a license under this chapter shall be
verified and filed with the,~.Ly":"' Clerk.
Except as specifically provided in this Code, no person may
erect, convert, enlarge, reconstruct or alter, or use any
land or structure for any purpose nor in any manner which
is not in conformity with this chapter.
5.613(6)
5.613(7)
5.613(8)
No Sexually Oriented Adult Business shall engage in any
activity or conduct or permit any other person to engage in
any activity or conduct in or about the establishment which
is prohibited by any ordinance of the City of Columbia
Heights, the laws of the State of Minnesota, or the United
States of America. Nothing in this ordinance shall be
construed as authorizing or permitting conduct which is
prohibited or regulated by other statutes or ordinances,
including but not limited to statutes or ordinances
prohibiting the exhibition, sale or distribution of obscene
material generally, or the exhibition, sale, or distribution of
specified materials to minors.
All Sexually Oriented Adult Businesses which were lawfully
in existence as of the effective date of this ordinance and
which were rendered nonconforming by the application of
this ordinance shall be abated within three (3) years of the
date of enactment of this chapter.
(a) No Sexually Oriented Business may be located within
200 feet of any
Page 1 28
5.613(9)
5.613(10)
residential zoning district boundary or less than 500 feet
from any church or school, or 150 feet from any park.
(b) No Sexually Oriented Business may be located within
400 feet of another Sexually Oriented Business.
No Sexually Oriented Business shall be open to the public
between the hours of 11:00 p.m. to 8:00 a.m. of the
following day.
(a)The premises on which a Sexually Oriented Business is
located shall prevent off-site viewing of its merchandise by
completely covering the windows and doors of its
operation with an opaque covering.
(b) All entrances to a Sexually Oriented Business, with the
exception of emergency fire exits which are not usable by
patrons to enter the business, shall be visible from a public
right-of-way.
(c) The layout of the display areas of a Sexually Oriented
Business shall be designed so that the management of the
establishment and any law enforcement personnel can
observe all patrons while they have access to any
merchandise offered for sale or viewing including but not
limited to books, magazines, photographs, videotapes, or
any other persons or materials.
(d) The exterior of the premises on which a Sexually
Oriented Business is located shall be illuminated in a
manner adequate to observe the location, activities, and
identity of all persons on the exterior premises.
(e) No premises on which a Sexually Oriented Business is
located shall contain partitions between subdivisions of a
room, portion or part of a building, structure or premises
having an aperture which is designed or constructed to
facilitate sexual activity between persons on either side of
the partition.
(f) No premises on which a Sexually Oriented Business is
located may have booths, stalls, or partitioned portions of
a room, or individual rooms, used for the viewing of motion
pictures or any other form of entertainment, having doors,
curtains or portal partitions, unless its booths, stalls,
partitioned portions of a room, or individual rooms so used
shall have at least one side open to an adjacent public
room so that the area inside is visible to persons in the
adjacent public room. Such areas shall be lighted in a
manner that the persons in the areas used for viewing
motion pictures or any other form of entertainment are
visible from the adjacent public room.
Page 1 29
5.613 (11 )
No Sexually Oriented Business shall display a
sign containing representational depictions of
an adult nature or graphic description of an
adult theme.
5.613 (1 2) Application Process.
Applications for a Sexually Oriented Adult Business shall
contain information as required on forms supplied by the
City. {-a+ Any license issued under this chapter is valid
only for the licensed premises. The application shall state
whether the applicant is a natural person, partnership,
corporation or other form of organization.
A. Full legal name, place and date of birth, street
residence address and length of time at that address of the
applicant and, if married, also spouse
I I1~ OIJIJII~OI I I. I I lUOl. L.)~ ~.~UOIII I~U O~UI Ull I~:J LU LII~
B. Whether applicant has ever used or been known by a
name other than his true name and, if so, what was such
name or names, and information concerning dates and
places where used.
C. The street addresses at which applicant and present
spouse have lived during the preceding ten years.
D. The name of the business if it is to be conducted under
a designation, name or style other than the full individual
name of the applicant.
Page 139
E. Kind, name and location of every business or
occupation applicant has been engaged in during the
preceding ten (10) years.
F. Names and addresses of applicant's employers and
partners, if any, for the preceding ten (10) years.
G. Whether applicant or spouse has ever been convicted
of a felony, gross misdemeanor or misdemeanor, excluding
traffic violations, and, if so, the date and place of
conviction and the nature of the offense.
H. The names, residence and business addresses and
telephone numbers of three persons of good moral
character not related to the applicant or financially
interested in the premises or business who may be referred
to as to the applicant's character or, in the case of a
manager, the manager's character. These referrals shall be
residents of the Twin City Metropolitan area unless either
the applicant or the Columbia Heights Police Department
can demonstrate to the Council that it would be preferable
to have referrals from persons residing outside of Anoka
County.
I. If the applicant is a partnership, the names and
addresses of all partners and all information concerning
each partner as is required of a single applicant. A
managing partner, or partners, shall be designated. The
interest of each partner in the business shall be disclosed.
J. If the applicant is a corporation or other association, the
following additional information shall be required.
1. Name and, if incorporated, the state of
incorporation.
2. A true copy of the certificate of
incorporation, articles of incorporation or
association agreement and by-laws and, if a
foreign corporation, a certificate of authority
as described in Minnesota statutes.
3. The name of the operating officer or
proprietor or other agent in charge of the
premises to be licensed, giving all the
information about said person as is required of
a single applicant. As used in this Chapter,
the term "operating officer" shall mean the
person responsible for the day-to-day
operating decisions of the licensed premises.
4. A list of all persons who, singly or
together with their spouse, or a parent,
brother, sister or child or either of them, own
or control an interest in said corporation or
association in excess of five percent (5%) or
who are officers or directors of said
corporation or association; together with their
addresses and all information as is required of
a single applicant.
K. The full legal name, address and home phone number
of the manager or proprietor of the business.
L. Each application shall be accompanied by a statement
indicating the amount of investment the applicant has in
the business, building, premises, fixtures, furniture, stock
in trade, etc. and proof of source of such money.
M. Whether the applicant holds a current license for the
operation of a similar business from any other
governmental unit.
N. Whether the applicant has previously been denied a
license from any other governmental agency.
O. The application must be accompanied by a sketch or
diagram showing the configuration of the interior of the
premises, including a statement of the total floor space
occupied by the business. The sketch or diagram must be
a drawing to a designated scale or drawn with marked
dimensions of the interior of the premises to an accuracy
of plus or minus six inches. Once a license is granted, no
change in the premises may be made without the applicant
having first reapplied to the City and demonstrating that
the applicant has complied with all of the requirements of
this chapter.
P. Whenever the application is for a premises either
planned or under construction or undergoing substantial
alteration, the application shall be accompanied by a set of
preliminary plans showing the design of the proposed
premises to be licensed. If the plans or design are on file
with the City of Columbia Heights Building Inspection
Department, no plans need be submitted with the issuing
authority.
Q. The exact legal description of the premises to be
licensed, together with a plot/site plan of the area for
which the license is sought showing dimensions, location
of buildings, street access parking facilities. The site plan
must also include the location and distances to the nearest
church building and school.
R. Whether or not all real estate and personal property
taxes for the premises to be licensed which are due and
payable have been paid and if not paid, the years and
amounts which are unpaid.
S. Such other information as the City Council or issuing
authority may require relevant to any matters addressed
by this chapter.
No person shall make any false statement in the
application. In addition to other penalties, the license may
be revoked by the City Council for giving false information
on the application.
By submitting an application, the applicant consents to any
and all investigations the City deems appropriate and
waives any claims the applicant may have. Copies of the
application shall be submitted to such other City
departments as the City Council shall deem necessary for
the verification and investigation of the facts set forth in
the application. The applicant must be qualified according
to the provisions of this chapter and the premises must be
inspected and found to be in compliance with the law by
the health department, fire department, and building
official.
5.61 3 (1 3)
........... ~ refer
The Clerk~,Ly~:" ,v,o,~" ,o~, shall reco,,,,,,~,,u
consideration approva', of the issuance of a license by the
City to an app',:,ca,qt the City Council within forty-five days
after the receipt of an application unless he finds one or
more of the following to be true:
(a) An applicant is under 18 years of age.
(b) An applicant or an applicant's spouse is overdue in his
payment to the City, County or State of Taxes, fees, fines,
or penalties assessed against him or imposed upon him in
relation to a Sexually Oriented Business.
(c) An applicant has failed to provide information
reasonably necessary for issuance of the license or has
falsely answered a question or request for information on
the application form.
(d) An applicant or an applicant's spouse has been
convicted of a violation of a provision of this chapter, other
than the offense of operating a Sexually Oriented Business
without a license, within two years immediately preceding
the application. The fact that a conviction is being
appealed shall have no effect.
(e) An applicant is residing with a person who has been
denied a license by the City to operate a Sexually Oriented
Business within the preceding 12 months, or residing with
a person whose license to operate a Sexually Oriented
Business has been revoked within the preceding 12
months.
Pacje 133
(f) The premises to be used for the Sexually Oriented
Business have not been approved by the health
department, fire department, and the building official as
being in compliance with applicable laws and ordinances;
such inspections shall be completed within 30 days from
the date the application was submitted, provided that the
application contains all of the information required by this
ordinance. If the application is deficient, the inspections
shall be completed within 30 days from the date the
deficiency has been corrected.
(g) The license fee or investigation fee required by this
chapter has not been paid.
(h) An applicant has been employed in a Sexually Oriented
Business in a managerial capacity within the preceding 12
months and has demonstrated that he is unable to operate
or manage a Sexually Oriented Business premises in a
peaceful and law abiding manner, thus necessitating action
by law enforcement officers.
(i) An applicant or applicant's spouse has been convicted
of a crime involving any of the following offenses:
1. Any sex crimes as defined by Minnesota Statutes
~,~.~, L,,,uuu,, ~,~.,~,~ ,,,~,uo,v~, or as defined any
ordinance or statute in conformity therewith;
2. Any obscenity crime as defined by Minnesota Statutes
~I 7.''''~ ""' ..... "' ~I "' '""'"' ._A,.._:..A
-'.-' L,,,,-,,~u,, ,....:,.:, ~,,,.,,~o,v=, or as defined by any
ordinance or statute in conformity therewith;
for which:
1. less than two years have elapsed since the date of
conviction or the date of release from confinement imposed
for the conviction, whichever is the later date, if the
conviction is of a misdemeanor offense;
2. less than five years have elapsed since the date of the
last conviction or the date of release from confinement for
the conviction, whichever is the later date, if the conviction
is a felony offense; or
3. less than five years have elapsed since the date of the
last conviction or the date of release from confinement for
the last conviction, whichever is the later
date, if the convictions are of two or more misdemeanor
offenses or combination of misdemeanor offense occurring
within any 24 month period.
(j) The fact that a conviction is being appealed shall have
no effect on the disqualification of the applicant or
applicant's spouse.
Paga 134
5.613
5.613
5.613
1 4)
15)
16)
(k) An applicant who has been convicted or whose spouse
has been convicted of an offense listed in Subsection
5.61 3(13)(i) may qualify for a Sexually Oriented Business
license only when the time period required by Subsection
5.61 3(1 3)(i) has elapsed.
For purposes of this section, the requirements imposed on
an applicant as a prerequisite to licenses shall apply if any
person with an interest in the business or premises as
disclosed by 5.61 3(1 2) shall fail to qualify for a license.
The City Council shall act to approve or disapprove the
license application within 120 days from the date the
application was submitted, provided that the application
contains all the information required by this ordinance. If
the application is deficient, the City Council shall act on the
application within 120 days from the date that the
deficiency had been corrected.
The icense, if granted, shall state on its face the name of
the person or persons to whom it is granted, the expiration
date, and the address of the Sexually Oriented Business.
The license shall be posted in a conspicuous place at or
near the entrance to the Sexually Oriented Business so that
it may be easily read at any time.
(a) Each license shall expire on December 31 of each year
~ '~' ..... ~ .... ~'~ "' .... ~: ........... and may be
renewed only by making an application as provided in this
chapter. Application for renewal must be made at least 60
days before the expiration date of a current license, and
when made less than 60 days before the expiration date of
5.61 3 (1 7)
the current license, the expiration of the license will not be
effected.
(b) When the City denies renewal of a license, the
applicant shall not be issued a license for one year from the
date of denial. If, subsequent to denial, the City finds that
the basis for denial of the renewal license has been
corrected or abated, the applicant may be granted a license
if at least 90 days have elapsed since the date denial
became final.
The City may suspend a license for a period
not to exceed thirty days if it determines that
a licensee or an employee of a licensee has:
(a) Violated or is not in compliance with any provisions of
this chapter.
(b) Engaged in excessive use of alcoholic beverages while
on the Sexually Oriented Business premises.
Pacje 135
5.61 3 (1 8)
(c) Refused to allow an inspection of the Sexually
Oriented Business premises as authorized by this chapter.
(d) Knowingly permitted gambling by any person on the
Sexually Oriented Business premises.
(e) Demonstrated inability to operate or manage a Sexually
Oriented Business in a peaceful and law abiding manner,
thus necessitating action by law enforcement officers.
(f) Any violations of the general provisions of the
Licensing Procedures, 5.102 through 5.104, inclusive.
The City shall revoke a license if it determines that:
(a)
A licensee gave false or misleading
information in the material submitted to the
City during the application process.
(b)
A licensee or an employee has knowingly
allowed possession, use, or sale of controlled
substances on the premises.
(c)
A licensee or an employee knowingly allowed
prostitution on the premises.
(d)
A licensee or an employee knowingly
operated the Sexually Oriented Business
during a period of time when the licensee's
license was suspended.
(e)
A licensee has been convicted of an offense
listed in Section 5.613(13)(i) for which the
time period required in Section 5.613(13)(i)
has not elapsed.
(f)
On two or more occasions within a 12 month
period, a person or persons committed an
offense occurring in or on the licensed
premises of a crime listed in Section
5.61 3(13)(i) for which a conviction has been
obtained, and the person or persons were
employees of the Sexually Oriented Business
at the time the offenses were committed.
(g)
A licensee or an employee has knowingly
allowed any act of sexual intercourse,
sodomy, oral copulation or masturbation to
occur in or on the licensed premises.
Pa:¢ 1~
(h)
A licensee is delinquent in payment to the
County or State for hotel occupancy taxes, ad
valorem taxes, or sales taxes related to the
Sexually Oriented Business.
(i)
A licensee has committed an act for which
the City may suspend the license pursuant to
5.613(17) and that the license has been
suspended within the preceding 12 months.
5.61 3 (1 9)
5.61 3 (20)
(j)
(k)
The fact that a conviction is being appealed
shall have no effect on the revocation of the
license.
(I)
Subsection 5.613(18)(g) does not apply to
adult motels as a ground for revoking the
license unless the licensee or employee
knowingly allowed the act of sexual
intercourse, sodomy, oral copulation,
masturbation, or sexual contact to occur in a
public place or within public view.
5.613 (21) (a)
When the city revokes a license, the
revocation shall continue for one year and the
licensee shall not be issued a Sexually
Oriented Business license for one year from
the date revocation became effective. If,
subsequent to revocation, the City finds that
the basis for the revocation has been
corrected or abated, the applicant may be
granted a license if at least ninety days have
elapsed since the date the revocation became
effective. If the license was revoked under
Subsection 5.613(18)(e), and applicant may
be granted another license until the
appropriated number of years required under
Section 5.61 3(1 3)(i) has elapsed.
A licensee shall not transfer this license to another, nor
shall a licensee operate a Sexually Oriented Business under
the authority of a license at any place other than the
address designated in the application.
Every section, provision or part of this chapter
or any license issued pursuant to this chapter
is declared severable from every other
section, provision or part thereof to the extent
that if any section, provision or part of this
chapter or any license issued pursuant to this
chapter shall be held invalid by a court of
competent jurisdiction and shall not invalidate
any other section, provision or part hereof.
No person shall provide false information or
misrepresent any fact or information under
5.613 (1 2).
Page 137
(b)
(c)
(d)
No person, including a licensee, owner,
operator or employee, shall allow a minor to
be on the licensed premises of a Sexually
Oriented Business unless the minor is
accompanied by the minor's current legal
guardian.
No person, including the licensee, owner,
operator or employee, shall enter a Sexually
Oriented Business open to the public if the
premises on which the Sexually Oriented
Business is located is in violation of this
chapter.
No person, including the licensee, owner,
operator or employee, shall deny access to
any building or housing official of the City or
any employee of the police department, health
department or fire department to inspect the
premises of a Sexually Oriented Business for
the purpose of insuring compliance with the
law at any time that the premises are
occupied or open for business.
CHAPTER 6
SECTION 3:
6.303(1)
6.303(2)
Section 6.303 of Ordinance No. 853, City Code of 1977,
pertaining to the licensing of Courtesy Benches which
currently reads as follows, to wit:
No person, firm, partnership or corporation shall install or
maintain a courtesy bench for the convenience of bus or
taxicab patrons on or along any public sidewalk or way
without a permit approved by the Council pursuant to the
provisions of this section.
Application for a permit for each such bench shall be filed
with the Clerk, shall indicate the proposed location, and
shall include specific plans and specifications for each
6.303(3)
6.303(4)
proposed bench.
The application shall be accompanied by a written
statement signed by the abutting property owner or the
owner of the property on which the bench will be located
granting consent to the proposed location of such bench.
The application shall be forwarded to the City Engineer for
recommendations. The Engineer may recommend that the
permit not be granted if:
(a)
The bench would be situated so as to cause
unreasonable congestion and disruption to
pedestrian traffic flow or otherwise create a hazard
or detriment to the public safety, convenience or
welfare.
Pa2e 138
6.3O3(5)
(b) The bench would be situated in an alley.
(c)
The bench would be situated at a location whereby
the distance from the face of the curb to the inside
sidewalk line is less than eight feet.
(d)
The bench would be situated more than twenty-five
feet from the nearest point of intersection with a
street.
Installation of courtesy benches for which a permit has
been issued shall be subject to the following conditions:
(a)
Each courtesy bench shall be installed parallel
with the curb and set back not less than
eighteen (18) inches from the face of the
curb.
(b)
No bench shall be more than forty-two (42)
inches high nor more than thirty (30) inches
wide or seven (7) feet long over all,
(c)
Each bench shall have displayed thereon, in a
conspicuous place, the permit number, and
(d)
Advertising matter or signs shall only be displayed by
the permittee upon the front and rear surfaces of the
6.303(6)
backrest. No obscene, immoral or indecent
advertising or pictures shall be displayed. No
advertising matter or sign on any bench shall display
the words "STOP", "LOOK", "DRIVE IN",
"DANGER", or any other word, phrase or symbol
which might interfere with, mislead, or distract traffic.
The permittee of each courtesy bench shall maintain each bench in a
safe condition for public use. Prior to the issuance of the permit by
the Clerk, the applicant shall present proofofa bond or public liability
insurance policy to indemnify and save harmless the City for any and
all damages, costs, or liability which may result from or arise out of
the installation, maintenance, or removal of said bench.
(a)
The bond or policy of insurance shall be maintained in
its original amount by the permittee at his expense at
all times during the period for which the permit is in
effect. IN the event that two or more permits are
issued to one permittee, one such bond or policy of
insurance may be furnished to cover two or more
benches, and each such bond or policy shall be of a
type which coverage shall automatically be restored
immediately after the occurrence of any accident or
loss from which liability may thereafter accrue.
Page 139
(b)
The limit of liability upon any bond or policy of
insurance so posted shall in no case be less than
$100,000 for a loss, bodily injuries to or death
occurring to one person. The permissible limit of
liability for loss, bodily injuries, death of more than
one person shall depend upon the number of bench
permits covered thereby and shall not be less than the
amount specified in the following schedule:
Number of Bench Permits
Limits of
Liability
1 to 10 $100,000.00
11 to 50 300,000.00
51 to 100 500,000.00
101 or more 1,000,000.00
6.303(7) Permits shall be issued for a term of one year. Fees shall be
established by annual resolution of the Council. Permits may be
renewed without further consent of the abutting landowner, unless
written objection to such permit renewal has been filed with the Clerk.
6.303(8)
Permits may be revoked for failure to comply with the conditions
prescribed by this section, or if the location of said bench has been
shown to cause congestion or obstruct passage by pedestrians.
6.303(9)
The permittee shall remove a courtesy bench within ten days after the
revocation or expiration of the permit. If the permittee fails to remove
a bench, the Manager may do so within the (10) days after written
notice by mail. If the permittee shall fail to pay the cost of removal
and storage thereof within a period of sixty (60) days after the giving
of such notice, the permittee's rights in said bench shall be forfeited,
but such forfeiture shall not excuse the permittee from the payment of
the cost of removal and storage of said bench.
SHALL HEREAFTER BE AMENDED TO READ AS FOLLOWS:
6.303(1)
No person, firm, partnership or corporation shall install or
maintain a courtesy bench for the convenience of bus or
taxicab patrons on or along any public sidewalk or way
without a permit license approved by the Council pursuant
to the provisions of this section,
6.303(2)
Application for a permit license for each such bench shall
be filed with the Clerk, shall indicate the proposed location,
and shall include specific plans and specifications for each
proposed bench,
Pa:ja 1~
6.303(3)f45
The application shall be forwarded to the City Engineer for
recommendations. The Engineer may recommend that the
license permit not be granted if'
(a)
The bench would be situated so as to cause
unreasonable congestion and disruption to
pedestrian traffic flow or otherwise create a hazard
or detriment to the public safety, convenience or
welfare.
(b) The bench would be situated in an alley.
(c)
The bench would be situated at a location whereby
the distance from the face of the curb to the inside
sidewalk line is less than eight feet.
(d)
The bench would be situated more than twenty-five
feet from the nearest point of intersection with a
street.
6.303(4)~---~ Installation of courtesy benches for which a license permit
has been issued shall be subject to the following
conditions:
(a)
Each courtesy bench shall be installed parallel
with the curb and set back not less than
eighteen (18) inches from the face of the
curb.
(b)
No bench shall be more than forty-two (42)
inches high nor more than thirty (30) inches
wide or seven (7) feet long over all,
(c)(-d-)
Advertising matter or signs shall only be displayed by
the license holder pcrnaitt¢¢ upon the front and rear
surfaces of the backrest. Nok/u~,,~,A' ....... .,..k/,: .......... ,,' or
.,u~,~.L advertising or pictures shall be displayed ~,TA
O. UV~I LI;3111~ IIIO. LL~I k/l ;31~11 k/Il O. lly LJ~II~II DIIO. II Ul;D}JIO%y
which might interfere with, mislead, or distract traffic.
6.303(6)
The license holder pernaitte¢ of each courtesy bench shall maintain
each bench in a safe condition for public use. Prior to the issuance of
the permit by the Clerk, the applicant shall present proof of a bond or
public liability insurance policy to
Pagel41
indemnify and save harmless the City for any and all damages, costs,
or liability which may result from or arise out of the installation,
maintenance, or removal of said bench.
(a)
The bond or policy of insurance shall be maintained in
its original amount by the license holder pernaittee at
his/her expense at all times during the period for
which the license-permit is in effect. In the event that
two or more licenses pernaks are issued to one license
holder pern~ittee, one such bond or policy of
insurance may be furnished to cover two or more
benches, and each such bond or policy shall be of a
type which coverage shall automatically be restored
immediately after the occurrence of any accident or
loss from which liability may thereafter accrue.
(b)
The limit of liability upon any bond or policy of
insurance so posted shall in no case be less than
$300,000 $I,90,000 for a loss, bodily injuries to or
death occurring to one person or not less than
$700,000 per occurrence, l.c ~c..~u~c ...L u,
1 to 10 $100,000.00
11 to 50 300,000.00
6.303(7)
6.303(8)
Licenses-Pen'nits shall be issued for a term of January 1 through
December 31 of each year and shall be annually renewable one
year. Fees shall be established by annual resolution of the Council.
Licenses Permits may be revoked for failure to comply with the
conditions prescribed by this section, or if the location of said bench
has been shown to cause congestion or obstruct passage by
pedestrians.
P~ge 142
6.303(9)
The license holder pernaittee shall remove a courtesy bench within ten
days after the revocation or expiration of the permit. If the license
holder pernaittee fails to remove a bench, the City Manager may do
so within ten (10) days after written notice by mail. If the license
holder pernaittee shall fail to pay the cost of removal and storage
thereof within a period of sixty (60) days after the giving of such
notice, the license holder's pernaittee's rights in said bench shall be
forfeited, but such forfeiture shall not excuse the license holder
pernaittee from the payment of the cost of removal and storage of said
bench.
First Reading:
Second Reading:
Date of Passage:
Offered by:
Seconded by:
Roll Call:
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary