HomeMy WebLinkAboutOrdinance 1333ORDINANCE NO. 1333
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO THE
REPEAL OF CERTAIN SECTIONS OF THE LICENSING REQUIREMENTS OF THE CITY
The City Council of the City of Columbia Heights does ordain:
Section 1:
Section 5.201 of Ordinance No. 853, City Code of 1977, pertaining to the
licensing of Auctioneers, which reads as follows, to wit:
5.201 (1)
No person shall engage in or conduct business as an Auctioneer without a license
issued prusuant to the provisions of this chapter.
(a)
Every license applicant under this section shall present proof to the Council of a
license issued by any County Auditor in the State of Minnesota, and proof of a
bond filed pursuant to Minnesota Statutes Chapter 330. Lack of such proof shall
be mandatory grounds for denial of the license application.
(b)
A separate license shall be required for each agent or employee of a licensee who
is directly or indirectly selling auctioned items.
5.201 (2)
The provisions of this section shall not apply to sales made by sheriffs, coroners,
constables, tax collectors, or sales of personal property under chattel, mortgage
or other liens.
IS HEREBY REPEALED.
Section 2:
5.301 (1)
5.301 (2)
Section 5.301 of Ordinance No. 853, City Code of 1977, pertaining to the
licensing of Food Establishments, which reads as follows, to.wit:
No person shall engage in or conduct business operating a food establishment
without a license issued pursuant to the provisions of this chapter.
Licenses issued under this section shall be categorized on the following basis:
Class 1
Class 2
Class 3
Class 4
Class 5
Itinerant Food Establishments
Food Catering Vehicle
Food Vending Machine
Restaurant
Drive-In Restaurant
For purposes of this Code, the following words shall have the meaning ascribed
to them and such definitions shall apply in the interpretation and enforcement of
this Code.
(a) "Food Establishment" means any building, room, machine stand, enclosure, vehicle,
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
"Food Establishment" means any building, room, machine stand, enclosure, vehicle,
space, area or other place wherein food is stored or prepared, served, and sold
primarily for immediate consumption.
"Itinerant Food Establishment" means a food establishment operatino for a
temporary period such as, but not limited to food facilities for a fair, carnival,
circus, or public exhibition, other than a catering food vehicle.
"Food Catering Vehicle" means any vehicle used to transport food from its point
of preparation or place of distribution to a place where the food is sold and
served directly from the vehicle to the consumer, any vehicle wherein food is
prepared for sale and service to the consumer, or any vehicle wherein perishable
food or dairy products are stored for or delivered to customers on a regular route
for either immediate or future consumption.
"Food Vending Machine" means any self-service device which upon insertion of a
coin, coins or tokens, dispenses unit servings of food, beverage or ice, either in
bulk or in packages.
"Restaurant" means any building wherein food is prepared, served and sold for
immediate consumption therein, and not operating for a temporary period.
"Drive-In Restaurant" means any restaurant as defined above that also prepares
food for carry-out and immediate consumption in motor vehicles parked adjacent
to the restaurant.
"Adulterated Food" means any food which bears or contains any poisonous or
deleterious substance which may be injurious to health, provided however, that
where such food bears or contains any such substance for which a safe tolerance
or standard has been established by lawful regulation, or law, such food shall not
be adulterated food if such substance is not in excess of tolerance of standard;
or consists in whole or in part of the product of decayed or decomposed
substance, or consists in whole or in part of the product of a diseased animal, or
an animal which has died by accident, disease, or other than by slaughter; or
contained in an immediate package which is composed of any poisonous or
deleterious substance which may render the contents injurious to health.
"Food Service Employee" means any person who renders service which requires
the handling of food or food utensils.
"Food" means any raw, cooked or processed substance, non-alcoholic beverage or
ingredient, which is used or intended for use in whole or in part for human
consumption, including ice and water.
"Food Contact Surfaces" means those surfaces of the equipment and utensils with
which food normally comes into contact or may come into contact.
(k)
(I)
(m)
(n)
(o)
5.301 (3)
5.301 (4)
(a)
lb)
(c)
"Misbranding" means the use of any written, printed, or graphic matter upon or
accompanying products or containers of food, including signs, or placecards,
displayed in relation to such products so dispensed, which is false or misleading,
or which violates any local, state or federal labeling requirements,
"Perishable Food" means food consisting of fresh fruits or vegetables.
"Readily perishable food" means any food consisting in whole or in part of milk,
milk products, eggs, meat, fish, poultry or any other food capable of supporting
rapid and progressive growth of micro-organisms which can cause food infections
or food intoxication, excluding packaged food in hermetically sealed containers
processed by heat to prevent spoilage and dry or powdered packaged food so Iow
in moisture content as to preclude development of micro-organisms.
"Utensils" means all kitchenware, tableware, dishes, glassware, cutlery, pots,
pans, containers, implements of other equipment with which food comes in contact
during storage, cooking, preparation, display or serving.
"Wholesome" means food which is sound, healthful, clean, unadulterated and in all ways
fit for human consumption.
A Class 3 license is supplemental to the requiremnet for any other class of license
under this section where a food vending machine will be located on the premises
of another class food establishment.
A Class 5 license shall be in lieu of a Class 4 license, and no person shall be
required to obtain both licenses for a food establishment operating out of one
building.
The requirement for any license under this section is supplemental to the
requirement for a license under any other section of this article.
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 DoinD 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 oeooraphic 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)
(f)
(g)
(b)
5.301 (5)
5.301 (6)
(a)
(b)
(c)
5.301 (7)
(a)
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 the Anoka County Health Department.
The Clerk shall refer applications for a Class 1, 4 or Class 5 license to the Chief
of the Fire Prevention Bureau and the Building Inspector for an inspection of the
premises and a report indicating whether the premises are in compliance with
applicable ordinances and regulations.
Every licensee under this section shall at all times maintain required minimum food,
health and sanitation standards as are hereinafter provided, or as may be
promulgated by the Health Authority.
The licensee shall abide by any written order of the Health Authority that is
issued to abate an unsanitary or unhealthy condition.
The licensee shall take steps to abate any unsanitary or unhealthy condition after
receipt of a warning tag describing such condition from the Health Authority.
Failure of a licensee to abide by any order of the Health Authority, or to take
abatement action after receipt of a warning tag from the Health Authority shall
be grounds for license revocation or suspension, or such other action restricting
the privileges of the licensee as the Council may determine. Repeated issuance
of warning tags to the licensee shall also be grounds for license revocation,
suspension, or other restriction by the Council.
Every licensee under this section shall maintain the following standards relating
to food:
Food shall be kept clean, wholesome, and free from spoilage, adulteration, or
misbranding. Food shall be prepared, processed, handled, packaged, transported,
and stored so as to be protected from contamination and spoilage and safe for
human consumption.
(b)
Milk and fluid milk products shall be Grade "A". Poultry, meat, and poultry and
meat products shall be U.S.D.A. approved, or approved by appropriate state
designated aoencies or officials.
(c)
All foods shall be protected aoainst contamination, from work surfaces which are
not clean, utensils which have not been sanitized, unnecessary handling, flooding
from sewage or drainage overflow, overhead moisture leakage, dust, flies, insects,
rodents, other vermin, or any other source of contamination.
(d~
§.301 (8)
Perishable foods shall be stored at
against spoilage. Readily perishable
F. or at or above 150 degrees F.
degrees F.
Every licensee under this section shall maintain and
standards relating to food service employees:
such temperatures as will provide protection
foods shall be stored at or below 40 degrees
Frozen food shall be stored at or below 0
enforce the following
(a)
All persons shall wear clean outer garments, maintain a high degree of personal
cleanliness, and conform to hygenic practices during all periods of duty. Hair nets,
head bands, caps, or other hair restraints shall be used to keep hair from food,
utensils, and equipment.
(b)
All persons shall wash their hands thoroughly before starting work, and before
resuming work after visiting the rest room, and as often as is necessary to
remove soil and contamination.
(c)
Tobacco in any form shall not be used by persons while engaged in handling,
preparing or serving food, or cleaning utensils and equipment.
(d)
No person infected with a communicable disease or illness, or other physical
condition such as boils, open sores, or open wounds shall be permitted to perform
duties as a food service employee where such disease, illness or condition may be
transmitted to others or jeopardize maintenance of health and sanitation standards
of the food establishment.
The licensee shall freely consult with the Health Authority at any time when the
licensee believes that the physical condition of a food service worker may
jeopardize the health and sanitation standards of the restaurant or the health and
well being of the public.
A copy of this section shall be posted in a conspicuous place for employees.
5.301 (9)
Every licensee under this section shall maintain the folloiwng standards for
cleanliness and sanitation of equipment and utensils.
(a)
All new and replacement equipment and utensils shall be of such materials,
workmanship, and design as to be smooth; easily cleanable; resistant to wear,
denting, buckling, pitting, chipping and razing; and capable of withstanding
scrubbing, scouring, repeated corrosive action of cleaning compounds, and other
(b)
5.301 (10)
(a)
(b)
(c)
normal conditions and operations.
Food contact surfaces shall be non-toxic and readily accessible for cleaning and
inspection. Toxic materials shall not be stored or used in food service areas,
except as required for sanitary operations. Such materials may not be used in any
manner that threatens to contaminate food.
Cleaning and sanitation of utensils may be by chemical method or by hot water
method, in accordance with standards that are approved by the Health Authority.
The minimum water temperature for effective sanitation treatment shall be at
least 170 deDrees F. All utensils and equipment shall be thorouDhly cleaned and
food contact surfaces of utensils and equipment shall be sanitized and stored in
such a manner as to be protected from contamination.
Every Class 1, 4 and 5 licensee under this section shall maintain the following
standards of cleanliness, hygiene, and sanitation on the food establishment
premises:
Every food establishment premises, other than itinerant food establishments
handling only pre.packaged food, shall have adequate restroom facilities which are
kept clean, in good repair, and free from flies, insects and offensive odors. Hot
and cold running water, hand cleansing compound, sanitary towels or hand-drying
devices, and toilet tissue shall be provided. Hand washing facilities shall be
provided within all areas where food is prepared. No private facilities of an
adjoining residence shall be used to comply with the provisions of this section.
All garbage and refuse shall, prior to disposal, be kept in tight non-absorbent
containers which shall be kept covered with close-fitting fids when filled, in
storage, or not in continuous use. All other refuse shall be stored in containers,
rooms, or areas, in a manner approved by the Health Authority. The rooms,
enclosures, areas, and containers used should be adequate for the storage of all
garbage and refuse accumulating on the premises. Adequate cleaning facilities
shall be provided, and each container, room, or area shall be thoroughly cleaned
after the emptying or removal of garbage and refuse. All garbage and refuse shall
be disposed of with sufficient frequency and in such a manner as to prevent a
nuisance.
All floors shall be kept clean and in good repair, and the use of sawdust and
similar materials shall not be permitted. Floor drains shall be provided in all rooms
where floors are subjected to flood-type cleaning or where normal operations
release or discharge water or other liquid wastes on the floor. The walking and
driving surfaces of all exterior areas where food is served shall be kept clean,
properly drained and finished with concrete, paving or equivalent to facilitate
maintenance and minimize dust.
The walls and ceilings of all rooms shall be kept clean and in good repair. All
walls of rooms or areas in which food is prepared, or utensils or hands are
id)
(e)
5.301(11)
(a)
(b)
washed, shall have easily cleanable, washable surfaces up to the highest level
reached by splash or spray.
All rooms in which food is prepared or served, or utensils are washed, and rest,
dressing, and locker rooms, and garbage and refuse storage areas shall be well
ventilated and shall be free of excessive odors, condensation, vapors, smoke, and
fumes. Cooking equipment shall be provided with exhaust ventilation equipment.
The premises shall be kept neat, clean, and free of litter and refuse. Cleaning
operations shall be conducted in such a manner as to minimize contamination of
food and food contact surfaces. No food service operations shall be conducted
in any room used as living or sleeping quarters. Soiled linens, coats, and aprons
shall be kept in containers until removed for laundering. No live birds or animals
shall be allowed in any area where food is prepared, stored, or served, provided,
that guide dogs accompanying blind persons may be permitted in the dining areas
of a food establishment.
The following conditions shall apply to licenses issued under this section:
No Class 2 licensee shall operate a catering vehicle between the hours of 12 p.m.
and 5 a.m.
Every Class 5 licensee shall maintain quiet and good order upon the premises and
not permit disorderly or irr~noral conduct or loitering thereon, nor shall he cause
or permit any noise or nuisance on the parking area of the drive-in restaurant
whereby the quiet and good order of the neighborhood are disturbed.
The licensee shall provide no less than two receptacles for receipt of trash litter
at appropriate locations on the premises.
The licensee shall post on the premises in a conspicuous location one or more
signs bearing the following legend:
"Cruising in or congregating or loitering outside of a motor vehicle is unlawful.
No unoccupied vehicles may be left on the premises without the consent of the
restaurant operator".
(c)
5.301(12)
(a)
(b)
The term of a Class 1 licensee shall be as determined by the Council,
notwithstanding 5.103(1)(a) of this Code.
The following persons are exempt from food establishment licensing, to-wit:
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.
Cafeterias or restaurants located in private businesses:
which are not open to the general public;
which are incidental to the principal business in which they are
located, and
which are inspected and licensed by the Anoka County Health
Department.
ARE HEREWITH REPEALED.
Section 3:
Section 5.303 of Ordinance No. 853, City Code of 1977, pertaining to the licensing of Grocery
Stores, which reads as follows, to-wit:
5.303 (1)
No person shall engage in or conduct the business of operating a grocery store,
without a license issued pursuant to the provisions of this chapter.
5.303 (2)
For purposes of this section, a grocery store shall be defined as a store engaged
in the sale, at retail, of pre-packaged foods that are not intended for immediate
consumption.
5.303 (3)
The Clerk shall refer applications for a grocery store license to the Chief of the
Fire Prevention Bureau and the Building Inspector for an inspection of the premises
and a report indicating whether the premises are in compliance with applicable
ordinances and regulations.
5.303 (4)
The requirement for a license under this section is supplemental to the requirement
for a license under any other section of this chapter.
IS HEREWITH REPEALED.
Section 4:
5.304(1)
5.304(2)
5.3O4(3)
5.304(4)
Section 5.304 of Ordinance No. 853, City Code of 1977, pertaining to the
licensing of Fresh Food Stores, which reads as follows, to.wit:
No person shall engage in or conduct the business of a fresh food store without
a license issued pursuant to the provisions of this chapter.
For purposes of this section, a fresh food store shall be defined as a store
engaged in the sale at retail of bulk foods packaged on the premises and not
intended for immediate consumption, such as but not limited to meats, poulty, fish
and bakery products.
Every licensee under this section shall maintain the standards prescribed by
5.301(7), 5.301(8) and 5.301(9) of this Code, and be subject to the same
sanctions of 5.301{6) of this Code.
The requirement for a license under this section is supplemental to the requirement
for a license under any other section of this chapter.
SHALL HEREWITH BE REPEALED.
Section 5:
5.401(1)
5.401(2)
5.401(3)
Section 5.401 of Ordinance No. 853, City Code of 1977, pertaining to the
licensing of Bowling Alleys, which reads as follows, to-wit:
No person shall engage in the business of operating or maintaining a commercial
bowling alley without a license issued pursuant to the provisions of this chapter.
The license application shall include a statement of the planned number of alleys,
the total seating capacity, and the nature of any other licensed business currently
operated or planned on the same premises.
The application shall be referred to the Chief of the Fire Prevention Bureau and
the Building Inspector for an inspection of the premises and a report indicating
whether the premises are in compliance with applicable ordinances and regulations.
IS HEREWITH REPEALED.
Section 5:
Section 5.403 of Ordinance No. 853, City Code of 1977, pertaining to the
licensing of Theaters, which reads as follow, to-wit:
5.403(1 )
No person shall operate or conduct a legitimate theater or moving picture theater
without a license issued pursuant to the provisions of this chapter.
5.403(2)
The application shall be referred to the Chief of the Fire Prevention Bureau and
the Building Inspector for an inspection of the premises and a report indicating
whether the premises are in compliance with applicable ordinances and regulations.
IS HEREWITH REPEALED.
Section 6: Section 5.405 of Ordinance No. 853, City Code of 1977, pertaining to the licensing of Musical Devices,
which reads as follows, to-wit:
5.405(1)
No person shall possess, keep, permit or maintain any mechanical musical device,
as hereinafter defined, on any premises used for a business or commercial activity
without a license issued pursuant to the provisions of this chapter.
5.405(2)
For purposes of this section, a "mechanical musical device" shall be defined as
any device for producing, reproducing or playing musical selections or numbers,
either randomly or by pre.selection or both, and which is operated by depositing
a coin or token therein, or which is mechanically operated after direct or indirect
payment to an operator.
5.405(3) Applications under this section shall include a statement of,
(a)
(b)
(c)
(d)
5.4O5(4)
A general description of the device to be licensed and trade name if any,
The name and address of the owner of the device if other than the licensee,
The nature of any other general business or commercial activity carried on at the
proposed place of operation of the device,
The denomination of the coin or coins required for the operation of the device, or
the value of the token used in lieu thereof, or a description of any other direct or
indirect payment that will be received for such operation.
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.
IS HEREWITH REPEALED.
Section 7:
5.406(1)
5.406(2)
5.406(3)
IS HEREWITH
Section 5.406 of Ordinance No. 853, City Code of 1977, pertaining to the
licensing of Children's Amusements, which reads as follows, to-wit:
No person shall operate an "amusement device" as hereinafter defined, without
a license issued pursuant to the provisions of this chapter.
For purposes of this section, an "amusement device" shall include any device used
exclusively by children, such as, but not limited to, kiddie cars, miniature airplane
rides, mechanical horses, and other miniature mechanical devices not operated as
a part of or in connection with any carnival, circus, show or other entertainment
or exhibition.
An applicant under this section shall furnish the Clerk proof of a policy of liability
insurance in the sum of not less than $100,000 for injury to one person and not
less than $300,000 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.
REPEALED.
Section 8:
Section 5.407 of Ordinance No. 853, City Code of 1977 pertaining to the
licensing of Public Dances, which reads as follows, to.wit:
5.407(1)
No person shall Dive, hold or conduct a public dance or allow a public dance to
be conducted on his premises without a permit to hold, Dive and conduct such
public dance issued pursuant to the provisions of this chapter.
5.407(2)
The licensing and regulations of public dances under this chapter shall be subject
to and in accordance with the provisions of Minnesota Statutes 624.42 to
624.54. Said statutes shall govern over any terms contained herein which are
contradictory or inconsistent therewith, except that the below named terms shall
have the meanings ascribed to them:
(a)
"Public Dancing Place" shall mean any place which is designed for dancing to be
carried on other than a private residence.
(b)
"Public Dance" shall mean every dance held in a public dancing place, whether an
admission fee is charged or not.
5.407(3) Application for a dance permit shall be submitted to the Clerk on forms prepared and furnished by the City.
The application shall include the following information:
(a)
Name and address of the person, persons, organization, firm or corporation which
is to conduct the dance or dances.
(b)
The schedule of time or times where dances are to be held, and the place for said
dances.
(c) The area of the dance floor, and seating capacity.
(d)
The application shall show affirmatively that each of the applicants, or each of
the partners or officers of the corporation or organization making application is a
person of good moral character and reputation in the community in which he lives;
that none of the applicants, partners, or officers thereof, has been convicted of
a violation of any of the provisions of M.S.A. 624.42 to 624.54 or of any
ordinance or law regulating dances; that no one of the applicants, partners, or
officers thereof is a keeper of a disorderly house of any kind; that the place
where the dance is to be conducted will not have any "private apartments" or
"private rooms" furnished or used for any other than legitimate business purposes
which adjoin such dancing places or which may be reached by elevator, stairway
or passageway leading from such dancing place,
5.407(4) Such application shall be acompanied by the affidavits of two freeholders in the City stating that they have
read the application as signed by the applicant and that all statements made therein are true to their own personal
knowledge.
5.407(5) Applications shall be referred to the Chief of Police for an investigation of any past criminal record for the
above mentioned crimes, by the applicant, or by any officer or partner of the named applicant. A report on such
investigation shall be made to the Council.
5.407(6) Applications shall be referred to the Chief of the Fire Prevention Bureau and the Building Inspector for an
inspection of the premises and a report indicating whether the premises are in compliance with all applicable
ordinances and regulations and are adequately equipped with toilets, washrooms, lighting and ventilation.
5.407(7) Permit fees shall be established by Council resolution and may be on a pro-rated basis dependent upon the
duration of the permit.
5.407(8) No public dances shall be conducted between 1 a.m. and 6 a.m. of any day
except Sunday, nor between the hours of 1 a.m. and 12 noon on Sunday.
5.407(9) No permittee under this section shall permit the use of beer or intoxicating liquor upon the premises where
a public dance is being conducted during the time of such dance.
This provision shall not apply where the public dance is conducted at a location
where the sale of beer or intoxicating liquor for consumption on the premises is
allowed by other provisions of law.
IS HEREBY REPEALED.
Section 9:
5.409(1 )
5.409(2)
(a)
(b)
(c)
Section 5.409 of Ordinance No. 853, City Code of 1977, pertaining to the
licensing of Swimming Pools, which reads as follows, to-wit:
No person shall operate or maintain a public swimming pool without a license
issued pursuant to the provisions of this chapter.
For purposes of this Code, the following words shall have the meanings ascribed
to them:
"Swimming Pool" means any structure, basin, chamber or tank containing an
artificial body of water for swimming, diving, or recreational bathing, more than
200 square feet in area or over 24 inches in depth, above or below the ground.
"Private Residential Swimming Pool" means any swimming pool, located on private
property under the control of the homeowner, apartment owner, or land owner,
the use of which is limited to swimming or bathing by members of his family,
tenants, or their invited guests.
"Public Swimming Pool" means any swimming pool, intended to be used
collectively by numbers of persons for swimming or bathing operated by any
person as defined herein, whether he be the owner, lessee, operator, licensee, or
concessionaire, regardless of whether a fee is charged for such use.
5.409(3) Every licensee under this section shall insure that the below named regulations are followed during hours
of operation for a pool licensed under this section:
(a)
Pools shall be illuminated when in use after sunset. Such illumination may not be
directed into or unto adjacent property and shall measure no more than one foot
candle of illumination at any point on the boundary lines of adjacent property.
(b) Appropriate facilities shall be provided for the safety of bathers as may be
required by the Health Authority. This shall include lifesaving equipment, safety
devices, lifebuoys, lifehooks, first aid kits, telephone, and adequate staff during
swimming periods, who are competent in lifesaving and artificial resuscitation.
Standards of competence for lifeguards shall be determined by the Health
Authority.
(c)
Pools shall be under the supervision of a capable individual designated by the
licensee, who shall assume responsibility for compliance with all provisions of this
Code and regulations relating to pool operation and maintenance, and safety to
bathers.
5.409(4) Every licensee under this section or his agent shall exclude from the pool and pool area any swimmer,
patron or any employee of the licensee who is suspected of having a communicable or infectious disease which would
endanger the public health and safety.
5.409(5)
The licensee or his agent shall insure compliance with all regulations for
cleanliness and bacterial quality promulgated by the Health Authority and shall
keep a daily record of information regarding operation, including disinfectant
residuals, maintenance procedures, re-circulation, together with other data as may
be required on forms furnished by the Health Authority. This data shall be kept
on file by the operator for six months for review by the Health Authority or for
periodic submission to the Board of Health as may be required.
IS HEREWITH REPEALED.
Section 10:
Section 5.410 of Ordinance No. 853, City Code of 1977, pertaining to the
licensing of Gambling Devices, which reads as follows, to-wit:
5.410(1) No person shall operate a gambling device or conduct a raffle, as hereinafter defined, without a license
issued pursuant to the provisions of this chapter.
5.410(2)
Minnesota Statute #349.26, entitled Gambling Devices, together with all
amendments thereto through 1978, is hereby adopted by reference as if fully set
forth herein.
5.410(3)
The Council may by unanimous vote waive the bond requirement of the gambling
manager.
5.410(4)
The annual license fee shall be two hundred dollars ($200.00), subject to
amendment by resolution of the Council pursuant to #5.103(5).
5.410(5)
The licensing requirements of #5.410 shall expire at such times as the licensing
requiremnts of the Minnesota State Charitable Gambling Control Board shall pre-
empt such local licensing powers,
IS HEREWITH REPEALED,
Section 11: Section 5.601 of Ordinance No. 853, City Code of 1977, pertaining to the licensing of Vending
Machines, which reads as follows, to.wit:
5.601(1)
No person shall maintain or operate a vending machine without a license issued
pursuant to the provisions of this chapter.
5.601(2)
For purposes of this section, a vending machine shall be defined as any self-
service device which upon insertion of a coin, coins or tokens, dispenses any
product, provided, however, that such shall not include
(a)
(b)
A "food vending machine" licensed under Article III of this chapter.
Any machine which upon insertion of a coin, coins, or tokens, provides an
intangible service, such as a clothes washer, dryer, game of skill, or musical
device.
5.601(3)
License applicants under this section shall state in the application the proposed
location of the machine and the nature of the item or items to be dispensed, or
service to be provided.
5.601(4)
A separate license shall be required for each machine.
5.601{5)
The licensee shall keep all vending machines licensed under this section in good
working order at all times.
5.601(6)
The licensee shall keep conspicuously posted on each machine at all times the
name and address of the licensee and the name, address and telephone number
of the licensee at which refunds may be obtained.
IS HEREWITH REPEALED.
Section 12: Section 5.602 of Ordinance No. 853, City Code of 1977, pertaining to the licensing of Laundry and
Dry Cleaning Services, which reads as follows, to-wit:
5.602(1)
5.602(2)
(a)
(b)
(c)
5.602(3)
No person shall engage in the business of providing laundry or dry cleaning
services without a license issued pursuant to the provisions of this chapter.
Licenses under this section shall be categorized as follows:
Laundry and dry cleaning establishment without coin-operated machines.
Laundromat, for the primary purpose of providing centralized self-service laundry
facilities.
Any other coin operated self.service laundry machines.
License applicants under this section shall specify the type of license applied for, and indicate, as
is appropriate.
(a) The number and type of self-service machines to be operated.
(b) The location of such machines, if not in conjunction with a laundromat.
5.60214) The Clerk shall refer applications for a license under subsection (a) or (b) to the
Chief of the Fire Prevention Bureau for an inspection of the premises and a report
indicating whether the premises are in compliance with applicable ordinances and
regulations.
5.602(5) A separate license shall be required for each type of license sought.
IS HEREWITH REPEALED.
Section 13: Section 5.609 of Ordinance No. 853, City Code of 1977, pertaining to the licensing of Miscellaneous
Businesses, which reads as follows, to-wit:
5.609(1)
No person shall operate a food catering service, kennel, pet shop, miniature oolf
course, go kart track, Dun shop or tatoo parlor 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 orounds for
denial of the license application or revocation or suspension of any existing license.
5.609(3)
No 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, a food
caterino service and pet shop are excluded from these restrictions.
5.609(4)
No license for a gun shop or tatoo parlor shall be issued to any applicant for a location within 500
feet of any public school or church.
IS HEREBY AMENDED TO READ AS FOLLOWS:
5.609(1)
No person shall operate a ~,,,,d ,~,,,; ....... ;"- kennel, pet shop "';-;"* ...... '~
......... b"'t t;cc~, gun shop e~ '"' ..... '"' 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
5.609(3)
been convicted of any crimes. 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 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.
No license for a gun shop or t=tcc -"-'"-,..,,., shall be issued to any applicant for a
location within 500 feet of any.,...,,.""k'"" school or church.
Section 13:
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:
October 14, 1996
October 28, 1996
October 28, 1996
Offered by: Jones
Seconded by: Peterson
Roll Call: All ayes
.//'Ma~or-,~os~ph Sturdevant
,7/~ne Student, Secretary to the City Council