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HomeMy WebLinkAbout1108 - ADMIN Ordinance - City Council - 1970/04/20Original APRIL 20, 1970 7A ORDINANCE NO. 1108 AN ORDINANCE REGULATING NEWSPAPER VENDING MACHINES ON PUBLIC WALKS AND WAYS Section 1. Newspaper Vending Machines on public walks and ways in the City of St. Louis Park shall be regulated as follows: Section 2:1625. 01. Permit Required. No person shall place or maintain any newspaper vending machines on any public sidewalk or way within the City of St. Louis Park without a permit. A newspaper vending machine includes any type of stand or device which is intended to furnish newspapers to the public. Section 2:1625.02. The Permit . (a) Each permit shall be valid for only one vending machine at an approved location and shall expire on December 31 of each year. (b) The general provisions of Chapter 2 of the Ordinance Code of the City of St. Louis Park relating to the issuance of licenses shall govern newspaper vending machine permits, except as they are inconsistent or in conflict with the provisions of this Ordinance. Section 2:1625. 03. Application for Permit; Renewals. (a) To secure a permit to install and maintain a newspaper vending machine at a given location, or to renew such a permit, an applica- tion shall be made on forms prescribed by the City Manager. The application shall contain such information and representations as he may require and shall contain the consent of an owner or occupant of the property on which the newspaper vending machine is to be located. (b) In the event that two or*nore permits are issued to the same person or corporation under provisions of this ordinance, one application may be submitted to cover all vending machines and locations involved. (c) Each initial application shall be accompanied by a permit fee of $2. 00 per machine. The fee for each annual renewal shall be $2. 00 per machine. Section 2:1625. 04. Issuance of Permit. If the City Manager finds that the proposed place for installation of the vending machine does not interfere with the use of any street, sidewalk, alley or driveway, does not create a hazard or otherwise have a detrimental effect on public safety, convenience or welfare, and if it appears that the proposed vending machine is in compliance with all of the requirements of this Ordinance and all other laws and Ordinances, he shall issue a permit. Section 2:1625. 05. Use and Appearance. (a) All such vending machines shall be used solely for the distribution of newspapers and shall be maintained by the applicant in a state of good repair, free from hazards, and neat in appearance. (b) If a permit holder desires to install or exchange a vending machine at a location for which a permit has previously been granted, he shall submit a request to do so to the City Ivianager in writing with such information and representations as he may require. If such request is not disapproved within 10 days, it shall be deemed to have been approved. Section 2:1625. 06. Revocation. The City Manager is authorized to revoke any permit issued by him upon failure of the holder thereof to comply with any provision of this Ordinance. Revocation of permits shall be in the manner provided by Ordinance for the revocation of licenses. Section 2:1625. 07. Removal of Newspaper Vending Machine. Upon the revocation or expiration of any permit without renewal, if the permittee fails promptly to remove the newspaper vending machine, the same is hereby declared to be a public nuisance, and the Manager may remove it within ten days after written notice given by mail directed to the address of the permittee on file. If the permittee shall fail to pay the cost of removal and storage thereof within a period of sixty days after the giving of such notice, the permittee's right in said newspaper vending machine shall be forfeited, but such forfeiture shall not excuse the permittee from the payment of the cost of removal and storage of said newspaper vending machine. Section 2:1625. 09. Insurance. Before a permit shall be issued the applicant shall furnish a certificate or copy of a policy of public liability insurance approved by the city attor-iey showing that applicant is insured against liability imposed by law for bodily injuries or death in the sum of $100, 000 for any one person and in the sum of $300, 000 for two or more persons from the same accident or occurrence, and for damage to property in the sum of $50, 000 in connection with or by reason of the installation, maintenance, use or removal of such vending machine. The City shall be named as an additional insured in said policy. Said policy shall provide that the coverage may not be terminated by the insurer except upon ten days' written notice to the City Clerk, and if such insurance is terminated and the applicant shall fail to replace the same with another policy con- forming to the requirements of this Section said permit shall be automatically suspended until such -insurance shall have been replaced. In the event that two or more permits are issued to one person under this Ordinance, one such policy of insurance may be furnished to cover all vending machines involved. -2- a c • so JO Section 2. Penalty. Any person or corporation violating the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than three hundred dollars ($300. 00) or by imprisonment for a period not to exceed 90 days or both. Section 3. Lffective Date. This ordinance shall take effect fifteen days after its publication. Adopted by the City Council April 20, 1970. Attest: Reviewed for administration: -,----------- 7 City Manage -3- 1 Ivy yo r Approved as to form and legality: 411. maim al 1108 atitledi AN ORDINANCE REGULATING NEWSPAPER VENDING MACHINES ON PUBLIC WALKS AND WAYS 'r.;i1Wit}@ad by_ Dat© 11®adi ir---Dat@ 1-3 U'Y .Waiver bbe d Rey ing_ to ` 4-20-7caived yro (,B t 4k -so 6 Nay 0 ,ate 4-�3-70 5-8-70 Ccs SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION ST. LOUISPARKSUN 6601 W. 78th St. State of Minnesota County of Hennepin I SS. Bloomington, Minnesota W JOHN BERTRAM, being duly sworn, on oath says he is and during all times here stated has been the vice president and printer of the newspaper known as The St Louis Park Sun and has full knowledge of the facts herein stated as follows• (1) Said newspaper is printed in the Engllsh language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches (2) Said newspaper 1s a weekly and is distributed at least once each week (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements, (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly dehvered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post•offfce (5) Said newspaper purports to �ve the City of St Louis Park in the County of Hennepin and it has its known office of tie in the City of Bloomington in said county, established and open during its regular business Hours for the gathering of news, sale of advertisements and sale of subscriptions and main- tained by the managing officer or persons in its employ and subject to his direction and con- trol during all such regular business hours and devoted exclusively during such regular business hours to the business of the newspaper and business related thereto. (6) Said news- paper files a copy of each issue immediately with the State HistoriSal-G+..tpty _(7LSaid_nawa- paper has complied with all the foregoing conditions for at least tw or dates of publication mentioned below (8) Said newspaper has f State of Minnesota prior to January 1, 1988 and each January 1 the form prescribed by the Secretary of State and signed by the publish sworn to before a notary public stating that the newspaper is a le He further states on oath that the printed Ordinance D hereto attached as a part hereof was cut from the columns of said n and published therein in the English language, once each week, for that it was first so published on thur• the 23rd day o and was thereafter printed and published on every the day of 19 and that the ft of the lower case alphabet from A to Z, both inclusive, and is herel the size and kind of type used in the composition and publication of sa abcdefghi jklmnopgrstuvwxyz abcdefghilklmnopgrstuvwxyz (Official Pubticauon) APRIL 20, 1970 7A ORDINANCE NO 1108 AN ORDINANCE REGULATING NEWSPA- PER VENDING MACHINES ON PUBLIC WALKS AND WAYS Sectlod 1 Newspaper Vending Machines on public whlks and ways in the City of St Louis Park shall be regulated as follows Section 2 1025 01 Permit Required No person shall place or maintain any newspaper vending machines on any public sidewalk or way within the City of St Louis Park without a permit A newspaper vending machine includes any type of stand or device which is intended to furnish newspapers to the public Section 2 1025 02 The Permit (a) Each permit shall be vand for only one vending machine at an approved location and shall expire on December 31 of each year (b) The general provisions of Chapter 2 of the Ordinance Code of the City of St Louis Park relating to the issuance of licenses shall govern newspaper vending machine permits, except hs they are inconsistent or in conflict with thq provisions of this Ordinance Section 2 1625 03 Application for Permit, Renewals (a) To secure a permit to install and main- tain a newspaper vending machine at a given location, or to renew such a permit, an appli- cation shall be made on forms prescribed by the City Manager The application shall con- tain such information and representations as he may require and shall contain the consent of an owner or occupant .of the property on which the newspaper vending machine is to be located (b) In the event that two or more permits are issued to the same person or corporation under provisions of this ordinance, one apph- cation may be submitted to cover all vending machines and locations involved (c) Each initial apphcation shall be accom- panied by a peenlil fee'of 1200 per machine The fee for each annual renewal shall be 92 00 per madune - Section 2 1625.04 Issuance of Permit- If the City Manager finds that the proposed place for installation of the vending machine does not interfere with the use of any street, side- walk alley 'or driveway, does note create a hazard dr otherwise have a detrimental effect on public safety, convenience or welfare, and if it appears that the proposed vending machine is in compliance with all of the requirements of this Ordinance and all other laws and Ordinances, he shall issue a permit Section 2 1623 20 Use and Appearance (a) All such vending machines shall be used solely for the distribution of newspapers and shall be maintained by the applicant in a state of good repair, free from hazards, and neat in appearance - (b) if a permit bolder desires to install or exchange a vending maclune at a location for which a permit has previously been granted he shall submit a request to do"so to the City Manager in writing with such information and representations as he may-regwre If such request is not disapproved within 10 days, it shall be deemed to have been approved Section 2 1823 oti. Revocation. The City Manager is authorized to revoke any permit issued by him upon failure 'of the holder thereof to comply with any provision of this Ordinance ,Revocation of permits shall be in the manner provided by Ordinance for the revocation of hcenses Section 2 1625 07 Removal of Newspaper Vending Machine Upon the revocation or expiration of any permit without renewal, if the permittee fails promptly to remove the newspaper verdidg machine, the same is hereby declared to be a public nuisance, and the Manager may'remme it within ten days after wntten notice given by mail directed to the address of the permittee on file If the permittee shall fail to pay the cost of removal and storage thereof within a period of wily days after the giving :of such notice, the permittee's nght in said newspaper vending machine shall be forfeited but such forfeiture shall not excuse the ,permittee from the payment of the cost of removal and storage of said newspapervending machine Section 2 1625 09 Insurance Before a permit shall be issued the apphcant shall furnish a certificate or copy of a policy of public habihty insurance approved by the city attorney showing that apphcant is insured against liability imposed bylaw for bodily injuries or death in thel sum of 9100,000 for any ode person and in the sum of 8300,000 for two or more persons frail the same accident or occurrence, and for damage to property in the sum of 150,000 in connection with or by reason of the installation, maintenance, use or removal of such vending machine The City shall be named as an additional- Insured in saidlpohcy Said'pohcy shall provide that the coverage may not be terminated by the insurer_except npyo ten dayyi8�tiWrItt4lS,notice to the Clty Clerk wand if,,sirch t(nnsq�rance d:'heis terminated` an -;applicant to replaoe thesame ?nth anotheri policy con- forming ;to the'`rtequirements df this Section said peniut shall be automatically susepended until such insurance shall have been replaced In the event that two or more permits are Subscribed and sworn to before me this 23rd day of April (Notarial Seal) es ovem er , 71 ALICE J NELSON Notary Public, Hennepin Ginty Minn. Mir Commission Expires Dec. 26,1973 19 70 issued to one person u one such policy of msura to cover all vending machi Section 2 Penalty. Any tion violating the prove shall be guilty of a mi conviction thereof shall be of not mere than th 4303 00) or by impn to exceed 90 days or both Section 3 Effective shall take effect fifteen da tion Adopted by the City Cou (Apr 23, 1970 File No. _ Affidavit of Publication ST. LOUISPARKSUN St. Louis Park, Minnesota In The Matter Of • • •