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HomeMy WebLinkAboutOrdinance 1074ORDINANCE NO. 1074 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO LICENSING The City Council of the City of Columbia Heights does ordain: Section 1: Section Section 5.606(4) of Ordinance No. 853, City Code of 1977, passed June 21, 1977 which reads as follows, to-Wit: "No license shall be issued under this section unless the licensee, or a representative designated in writing, is a resident of the City. The licensee, or his representative when the licensee is not a resident of the City, shall be responsible for the maintenance and upkeep of the mul- tiple dwelling in accordance with the laws of the State of Minnesota, or- dinances of the City, and regulations promulgated by appropriate authori- ties.'' is herewith amended to read as follows, to-wit: "No license shall be issued under this section unless the licensee, or a representative designated in writing, is a resident of Anoka, Hennepin, Ramsey, Scott, Dakota, Washington or Carver Counties. The licensee, or his representative when the licensee is not a resident of the City, shall be responsible for the maintenance and upkeep of the multiple dwelling in accordance with the laws of the State of Minnesota, ordinances of the City, and regulations promulgated by appropriate authorities." Section 5.301(12) of Ordinance No. 853, City Code of 1977, passed June 21, which is currently reserved, shall hereafter read as follows, to-wit: "The following persons are exempt from food establishment licensing, to- wit: (a) A person whose place of business is a carnival, circus or fair and who holds a license pursuant to Minnesota Statutes Chapters 28A or 157." (b) Cafeterias or restaurants located in private businesses:. Section [ii which are not open to the general publicl [ii] which are incidental to the principal business .in which they are located, and [iii] which are inspected and licensed by the Anoka County Health Department." Section 5.206(5) of Ordinance No. 853, City Code of 1977, passed June 21, 1977 which reads as follows, to-wit: "Prior to the issuance of a license by the Clerk, the license applicant shall deposit the sum of Fifty Dollars to the Treasurer. After January the Health and .Safety Inspector shall inspect the. licensed premises to de- termine whether the premises have been cleaned up, and no public nuisance as defined by this Code, remains on the sight. (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 by January 15th. (b) After January 15th, the City may abate the public nuisance and de- duct the cost of abatement from the deposit. (c) On January 31st, the City shall refund the deposit to the licensee, or any remaining part of said deposit, and shall provide a state- ment of any public expense incurred for the nuisance abatement." is herewith amended to read as follows, to-wit: "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 31st, the City shall refund the deposit to the licensee, or any r-m-ining part of said deposit, and shall provide a statement of any public expense incurred for the nuisance abatement." Section Section 5.206(7) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which is currently reserved, shall hereafter read as follows, to-wit: "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 unti~ all trees have been removed from the lot." -2- Section 5: Section 6: Section 7: Section 8: Section 5.206(8) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which is currently reserved, shall hereafter read a8 follows, to-wit: "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." Section 5.206(9) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which is currently reserved, shall hereafter read as follows, to-wit: "Each licensee must have on the licensed premises at all times one (1) properly operating Class ABC fire extinguisher." Section 5.206(1) of Ordinance No. 853, City Code of 1977, passed June 21, 1977 which reads as follows, to-wit: "No person shall for consideration, trade, barter or sell at retail any cut evergreen, fir, spruce or other tree for use as a decorative Christ- mas tree without a license issued pursuant to the provisions of this chapter." is herewith amended to read as follows, to-wit: "No person shall for consideration, trade, barter or sell at retail any cut evergreen, fir, spruce or other tree for use as a decorative Christ- mas 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." Section 5.301(4) of Ordinance No. 853, City Code of 1977, passed June 21, 1977 which reads as follows, to-wit: 5.3o O) (a) License applicants under this section shall provide the following information in the license application as is appropriate: The Class of food establishment license applied for and th ekind of food to be served. For a Class 1 license, the reason for a temporary food establishment, indicating the nature of any commercial activity that will be going on, and the requested term for the license. -3- (c) (d) (e) (f) (g) For a Class 2 license, the place where food will be prepared and the place, route, or geographic area where food will be sold; the number of vehicles to be utilized, the serial number of each such vehicle, and the name and address of the owner if different from the license applicant. For a Class 3 license, a description of the premises where the licensed machine will be located, and the total number of licensed machines to be located on the same premises. For a Class 4 license, the proposed seating capacity of the restaurant. For a Class 5 license, the proposed seating capacity in the building and the proposed number of parking spaces in the lot. A list of all food service licenses or permits issued to the applicant by any municipality of the State of Minnesota within the preceding three years, together with a statement of whether any such license or permit was suspended or revoked, and a statement of facts pertaining thereto. is herewith amended to read as follows, to-wit: 5.301 (4) (a) (b) (c) License applicants under this section shall provide the following information in the license application as is appropriate: The Class of food establishment license applied for and the kind of food to be served. For a Class 1 license, the reason for a temporary food establishment, indicating the nature of any commercial activity that will be going on, and the requested term for the license. For a Class 2 license, the place where food will be prepared and the place, route, or geographic area where food will be sold; the number of vehicles to be utilized, the serial number of each such vehicle, and the name and address of the owner if different from the license applicant. (d) (e) (0 (g) (h) For a Class 3 license, a description of the premises where the licensed machine will be located, and the total number of licensed machines to be located on the same premises. For a Class 4 license, the proposed seating capacity of the restaurant. For a Class 5 license, the proposed seating capacity in the building and the proposed number of parking spaces in the lot. A list of all food service licenses or permits issued to the applicant by any municipality of the State of Minnesota within the preceding three years, together with a statement of whether any such license or permit was suspended or revoked, and a statement of facts pertaining thereto. No applicant shall be eligible for a Class 1, 2, 4, or 5 license unless such applicant has first obtained a license from Anoka County Health Department. Section 9: Section 5.607 (2) of Ordinance No. 853, City Code of 1977, passed June 21, 1977 which reads as follows, to-wit: 5.607 (2) (a) (b) (c) (d) (e) (0 Licenses shall be required for but not limited to each of the below-named trades and construction work: General contractors, including erection, alteration or repair of building. Masom'y, cement work, cement block work, block laving, or brick work. 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. Roofing. Plastering, stucco work, sheet rock taping. Heating, ventilation and refrigeration, including gas piping, gas service, gas equipment installation, oil heating, and piping work. (g) (h) (i) (J) (k) Excavations, including excavations for footings, basements and grading of lots, etc. Moving and wrecking of buildings. Blacktopping of driveways, parking lots, etc. Sign erection, construction and repairs, including billboards and electrical signs. Painters, electricians. Is herewith amended to read as follows, to-wit: 5.607 (2) (a) (b) (c) (d) (e) (0 (g) (h) 6) Licenses shall be required for but not limited to each of the below-named trades and construction work: General contractors, including erection, alteration or repair of building. Masonry, cement work, cement block work, block laving, or brick work. 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. Roofing. Plastering, stucco work, sheet rock taping. 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 of buildings. Blacktopping of drivewayg, parking lotg, etc. O) (k) Sign erection, construction and repairs, including billboards and electrical signs. Sprinkler and fire extinguishing equipment installers. Section 10: 5.608 (3) Section 5.608 (3) of Ordinance No. 853, City Code of 1977, passed June 21, 1977 which reads as follows, to-wit: 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 ofTen 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 Contractor's 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. Is herewith amended to read as follows, to-wit: 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. Section 11: Section 5.203 (3) or Ordinance No. 853, City Code of 1977, passed June 21, 1977 which reads as follows, to wit: 5.203 5.203 (3) A license shall not be required under this section for (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. Is herewith amended to read as follows, to-wit: (3) A license shall not be required under this section for (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) (d) a bona fide trustee, administrator, assignee, receiver or other person appointed and acting under the authority of law, or persons soliciting orders for future door-to-door delivery of newspapers, or (e) (f) persons selling or peddlinS £azm or sateen produe~ cultivated by such person, or persons licensed for the same business activity under any other section of this chapter. (g) Persons selling or soliciting on behalf of a religous organiza- tion; provided that said persons have complied with the require- ments of Section 5.203(10) of this Code. Section 12: Section 5.203(10) of Ordinance No. 853, City Code of 1977, passed June 21, 1977 which is currently reserved shall hereafter read as follows, to-wit: Section 14: "Persons selling or soliciting on behalf of a 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." This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First reading: Second reading: Date of passage: January 9, 1984 February 13, 1984 February 13, 1984 Offered by: Hovland Seconded by: Peterson Roll call: All ayes Ann~ Studeht' sec{e~t~ry to the Council Nawrocki, Mayor -9-