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HomeMy WebLinkAbout1570 - ADMIN Ordinance - City Council - 1982/10/041 OCTOBER 4, 1982 8c ORDINANCE NO. 1570 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATING TO THE FEES FOR PERMITS AND LICENSES: 13-30.4, NON -INTOXICATING LIOUOR; - - 13-414, CHILDREN'S AMUSEMENT DEVICES; 13-423, CARNIVALS AND CIRCUSES ; 13-433, PUBLIC DANCE HALLS; 13-443 THEATERS; 13-464, ROLLER SKATING RINKS; 13-473, BILLIARD HALLS AND BOWLING; 13-501, DOGS; 13-614, FIREWORKS DISPLAYS; 13-633 EXCAVATIONS; 13-708(2), SIGNS; 13-709, BILLBOARD INSPECTIONS; 13-741(3) through (5) BENCHES; 13-752(3), NEWSPAPER VENDING MACHINES; 13-803(1) through (9), FOOD ESTABLISHMENTS; 13-933, SOFT DRINKS; 13-1313, GASOLINE SERVICE; 13-1329.103, AUCTION AND ESTATE SALES; 13-1352, CIGARETTES; 13-1482, HOTELS AND MOTELS; 13-1491, TREE MAINTENANCE AND REMOVAL; 13-1603 AUTHORIZED GAMBLING DEVICES; 15-212.102, CERTIFICATE OF OCCUPANCY; 15-334, CERTIFICATE OF HEALTH .& SAFETY COMPLIANCE THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. The above sections of the St. Louis Park Ordinance Code are hereby amended to read as attached: Section 13-304. License Fee. The annual license fee for "on -sale" non -intoxicating malt liquor licenses shall be Seven hundred fifty dollars ($750.00) and for "off -sale" non -intoxicating malt liquor licenses shall be $50.00 provided, however, that the City Council may issue special "on -sale" licenses directly to established and bona fide veterans organizations, clubs and fraternal and charitable societies not engaged in the regular commercial sale to the public of non -intoxicating malt beverages and not organized for profit, and no part of the profits of the operations of which inure to the benefit of any individual members, for an annual license fee of twenty-five dollars ($25.00). The daily fee for a "temporary on -sale" license shall be fifty dollars ($50.00). (Sec. 13-304 Amended by Ordinance 1488, November 17, 1980) (Sec. 13-304 Amended by Ordinance 1356, December 20, 1976) (Sec. 13-303 Amended by Ordinance1570, October 4, 1982) Section 13-305. Application. "On Sale" and "Off Sale" licenses. The application of an individual for an "on sale" or "off sale" license shall state the age of the applicant and whether the appli- cant is a registered voter; the various addresses at which the applicant may have lived or resided during the last five years preceding the making of such application; the kind and location of every business and occupation that the applicant has been engaged in during the last five years before the making of such application, together with the name and address of any employers by whom engaged during the said period; whether the applicant has ever been arrested for or convicted of any crime or violation of any ordinance; when, where and for what any such arrests or convictions have been made; whether the applicant has ever been engaged in operating a saloon, cafe, soft drink parlor or other business of a similar nature, and if so engaged, when, where and for how long; floor number, street and legal description of premises where sale is to be conducted; name and address of owner and of any and all leases or subleased of real estate, building fixtures and furniture where such non -intoxi- cating malt liquor is to be sold; the name and address of any and every person who will have charge, management or control of the place; name of three or more persons who may be referred to as to applicant's character. If applicant is a corporation, the applicant shall give the name and general purpose of the corporation, and the state under laws incorpor- ated, and also the names of the officers and directors, their addresses; as to each, the information required above for an individual applicant, and such other information as the City Council may from time to time require. October, 1982 369.1 issuance of the license, the City Manager shall cause periodic inspection to be made of all such devices and may, if any such device be found defective or unsafe, suspend or revoke the license therefor forthwith. Section 13-414. License Fees. The annual license fee for such a license shall be $20 for each amusement device. (Sec. 13-414 amended by Ord. 1356 (12/20/76) and Ord. 1488 (11/17/80) (Sec. 13-414 amended by Ord. 1570, 10/4/82) Section 13-415. Prohibited in Public Places. No amusement device as defined herein shall be located, placed, maintained or operated on any public street or highway in the City of St. Louis Park. Section 13-416. Identification. Each device shall have posted thereon a nonremovable label or sign stating the name, address and telephone number of the licensee. (Sec. 13-416 added by Ord. 1553, May 3, 1982) October, 1982 392 1 1 1 Carnivals, Circuses Section 13-420. Definitions. For the purposes of this ordinance the word "carnival" shall mean and include an aggregation of attractions, whether shows, acts, games, vending devices, or amusement devices, whether conducted under one or more managements or independently, which are temporarily set up or conducted in a public place, or upon any private premises accessible to the public, with or without admission fee, and also circuses, speed tests, endurance tests, merry-go-round devices, and other similar amusement devices for public entertainment and pleasure. Section 13-421. License Required. No person shall hold, exhibit, or carry on in the City of St. Louis Park any carnival as herein defined unless a license shall first have been obtained from the City Manager authorizing him to do so. Section 13-422. Application. The application for such license shall state the nature of the carnival for which license is applied, the names of the owners thereof and all persons having concessions in connection therewith, a description of the premises where such carnival is to be carried on, and such other information as the City Manager shall require, and the applicaton shall be accompanied by a Statement in writing from the owner of the premises authorizing the applicant to use the premises for the purposes to be licensed. Section 13-423. License Fees. The fees for licenses to be issued under this ordinance shall be $200 for each day for which the license is issued for those carnivals and circuses which do not have food service operations. For carnivals and circuses which conduct food service operations, a fee of $50 for each separate food service opera- tion shall be required. (Sec. 13-423 amended by Ord. 1356, 12/20/76; and Ord. 1570, 10/4/82) October, 1982 393 t f 1 October, 1982 Public Dance Halls Section 13-430. Definitions. A public dancing place, or public dance hall, as that term is used in this ordinance, shall mean any room, hall, place or space open to public patronage in which dancing is carried on, and to which admission by the public may be had by payment either directly or indirectly of an admission fee or price for dancing, and shall include any room, hall, place or space conducted principally for dancing, as a membership club generally open to the public, but shall not include a private club with limited membership which is not organized, operated, or conducted principally for the purpose of conducting dancing. Section 13-431. License Required. No person shall give, hold or conduct a public dance, or engage in the business of operating a public dancing place without first obtaining a license from the City Manager to conduct a public dancing place. No license shall be required under this ordinance for dancing at any place licensed as a tavern under Section 13-341. Section 13-432. Application. Application for such license shall be made to the City Clerk and shall state that the applicant has not within five years prior to making such application been convicted of a felony, gross misdemeanor or of violation of any provision of this ordinance; the location of the place to be licensed as a public dancing place, and such further information as the City Manager shall require, including iiformation which will affirmatively show that the applicant is a person of good moral character and reputation in the community in which he lives. Section 13-433. License Fee. A license issued under this ordinance may be for one day only. The license fee for such period shall be $150. (Sec. 13-433 Amended by Ordinance 1356, December 20, 1976) (Sec. 13-433 Amended by Ordinance 1488, November 17, 1980) (Sec. 13-433 amended by Ord. 1570, 10/4/82) Section 13-434. To Whom Granting of License Prohibited. No such license shall be granted to any person who is less than twenty-one years of age, who is of bad character or who has been convicted of a felony, gross misdemeanor or violation of any provision of this ordinance, nor to any person who is or has been a keeper of any disorderly house of any kind, nor for any place which has any direct or indirect communication with any room in which intoxicating liquor is sold or otherwise used, nor for any place other than a licensed hotel, having so-called private Theaters Section 13-440. License Required. No person shall engage in the business of keeping, maintaining, conducting or operating any theater or place for theatrical performances, or moving picture shows within the corporate limits of the City of St. Louis Park, without obtaining a license from the City Manager authorizing him to do so. Section 13-441. Application. The application for such license shall be accompanied by plans, if the theater proposed to be licensed has not yet been erected, and such application shall state the number of seats in said theater and the proposed parking facilities adjacent thereto. The applicant for such license shall pay to the City Treasurer the sum of $75.00 for publication and posting of a notice of such application, and thereupon the Clerk shall cause a notice of such application to be published in the official paper once a week for two successive weeks and shall post a copy of such notice in at least two conspicuous places in the vicinity of the proposed theater, which notice shall state the name of the applicant, the purpose for which a license is requested, the location of the premises in which the business of the applicant, when licensed, shall be carried on, and the time when such application shall be presented to the City Council. (Sec. 13-441 Amended by Ordinance 1356, December 20, 1976) (Sec. 13-441 amended by Ordinance 1488, November 17, 1980) Section 13-442. Objections and Issuance of License. Any person desiring to object to the issuance of any such license may file his objections thereto, in writing, with the Clerk, or may appear personally and present his objections before the City Council. The Clerk shall present such application to the City Council and the Council after hearing may in its discretion authorize the issuance of such license to the applicant; when authorized by the Council, the City Manager shall issue license to the applicant. Section 13-443. License Fee. The annual license fee for such a license shall be: Seating Capacity License Fee 0 - 400 $300 401 - 700 350 701 - 1000 420 1001 - 1300 500 More Than 1300 600 (Sec. 13-443 amended by Ord. 1356, December 20, 1976) (Sec. 13-443 amended by Ord. 1488, November 17, 1980) (Sec. 13-443 amended by Ord. 1590, 10/4/82) (Sec. 13-444,Liability Insurance,repealed by Ord. 1295, May 5, Z975; Insurance requirement placed in Section 13-119) October, 1982 398 1 1 1 October, 1982 Roller Skating Rinks Section 13-460. Definitions. As used in this ordinance the following terms shall be defined as follows. Roller Skating Rink. Any room, place, or space open to public patronage where facilities are available for roller skating, wherein the public may participate, and at which admission may be had by the public by payment directly or indirectly of an admission fee or price, including a fee for membership in a club, the price of food, or payment for any other form of amusement offered in or from licensed premises. Section 13-461. License Required. No person shall engage in the business of operating a roller skating rink within the corporate limits of the City of St. Louis Park without first having obtained a license from the City Manager authorizing him to do so. Section 13-462. Application. The application shall state the nave and address of the applicant, the location of the place where the roller skating rink will be operated; and such additional information as the Clerk shall require. Section 13-463. License Prohibition. No license shall be issued under this ordinance unless the City Manager is satisfied that the place to be licensed is properly ventilated and equipped with. necessary toilets, washrooms, and such public facilities, and that such place is not likely to become a public nuisance or detrimental to public morals. Section 13-464. License Fee. The annual license fee for such license shall be $750. (Sec. 13-464 amended by Ord. 1488, 11/17/80 & Ord. 1570, 10/4/82) Section 13-465. Regulations. All persons licensed, and all persons required by this ordinance to be licensed, shall comply with the following regulations: 403 Billiard Halls and Bowling Section 13-470. Definitions. The term "billiard hall" shall include "billiard rooms", and "pool rooms", and any other room or place where one or more billiard or pool tables are kept for hire. Section 13-471. License Required. No person shall engage in the business of operating a billiard hall or bowling alley within the corporate limits of the City without obtaining a license from the City Manager authorizing him to do so. Section 13-472. Application for License. Application 'for said license shall state the location of the bowling alley or billiard hall, the number of bowling alleys or billiard or pool tables to be in use, other business to be conducted on the premises, and such other information as the City Manager shall require. Section 13-473. License Fee. The license fee for each billiard hall shall be $200 plus $15 per year for each table; for each bowling alley, the fee shall be $15 for each alley in the establishment. (Sec. 13-473 amended by Ord. 7570, 10/4/82) Section 13-474. Refusal of License. The City Manager will not issue a license to any person, or any firm or corporation of which any member, officer or director has been convicted of a felony or is of immoral character or is a habitual user of intoxicating liquors or narcotic drugs. The Manager may in any case, for cause, refuse to issue the license. Section 13-475. Practices Prohibited. It shall be unlawful for a licensee or for any employee of the licensee: (1) To suffer or permit any dice to be thrown for money or for anything of value, or to suffer or permit any playing of cards, raffle or other game of chance, or any form of gambling, in the place designated by the license or in any booth, yard, garden,, or other place appertaining to such place or in connection therewith. (2) To suffer or permit any person upon such premises to become disorderly. October, 1982 405 1 1 1 PART 5 - Animals Dogs Section 13-501. Dog License Required. No person shall own, keep, or harbor any dog over the age of three months within the City of St. Louis Park unless a license therefor has first been secured. Licenses shall be issued by the City Clerk for a fee of $7.50. It shall be the duty of each person owning, keeping, or harboring a dog to pay license fee imposed by this section to the City Clerk on or before the first day of February in each year, or upon acquiring ownership or possession of any unlicensed dog, or upon establishing residence in the City to forthwith pay such license fee. All dogs licensed hereunder must have a current rabies vaccination. The Clerk may cause a notice of the necessity of paying such license fee to be printed in the official newspaper in January of each year. (Sec. 13-501 Amended by Ordinance 1356, December 20, 1976) (Sec. 13-501 amended by Ord. 1570, 10/4/82) Section 13-502. Receipts for Licenses. Upon payment of the license fee the Clerk shall execute a receipt in duplicate, the original of which shall be delivered to the person who pays the fee and the duplicate retained in the records of the City. The receipt shall describe the dog as to breed and age. Section 13-503. Tags. The Clerk shall also procure a sufficient number of suitable metallic tags, the shape of which shall be different for each license year and he shall deliver one appropriate tag to the owner when the fee is paid. The owner shall cause said tag to be affixed by a permanent metal fastener to the collar of the dog so licensed in such a manner that the tag may be easily seen by the officers of the City. The owner shall see to it that the tag is constantly worn by such dog. A duplicate tag may be issued to replace a lost tag upon payment of fifty cents. Section 13-504. Dog Pound and Dog Catcher. The City Council shall from time to time designate a place as city dog pound where suitable arrangements are made for keeping and maintaining any dogs which may be seized or taken into custody by any officer of the City pursuant to this ordinance. The City Manager with consent of the City Council shall from time to time appoint an official dog catcher who shall have the authority of a police officer of the City insofar as necessary or proper in the enforcement of this October, 1982 407 Explosives Section 13-610. Prohibited Explosives. No person shall have, keep store, sell, offer for sale, give away, use, transport or manufacture any liquid nitro -glycerin, dry nitro-cellulose, or dry fulminate of mercury within the corporate limits of the City of St. Louis Park. Section 13-611. License Required. No person shall have, keep, store, sell, offer for sale, give away, use, transport or manufacture any fireworks, black powder, high explosives, blasting caps (including detonators and electric detonators), smokeless powder, wet fuses, primers or small arms ammunition without first obtaining a license from the City Manager so to do. Section 13-612. Application. Any person desiring a license as required by Section 13-611 hereof shall make application therefor in writing to the City Clerk on such forms as he may require. Section 13-613. Duty of Chief of Fire Department. Before any permit may be issued by the City Manager the applicant shall notify the Chief of the Fire Department that such permit is desired. It shall then be the duty of said Chief to inspect the premises upon which the applicant desires to store, handle, or manufacture the explosives set forth in his application and if he is satisfied that no serious fire hazard will be created and that the location of the proposed storage will permit of a reasonable compliance with the provisions of this ordinance, he shall endorse his approval upon said application. The applicant shall then present the approved application to the Clerk who shall transmit the same to the City Manager. Section 13-614. License Fee. The annual fee for such license shall be $150. A $100 deposit shall be required for cleaning litter and debris from the site of a public display of fireworks. Organizations conducting a public display of fireworks which have a tax-exempt status may, after having submitted a written request, have the license fee waived by the City Council or City Manager. (Sec. 13-614 amended by Ord. 1356, 12/20/76; Ord. 1488, 11/17/80; and Ord. 1570, 10/4/82) Section 13-615. Revocation. Any license so issued may be revoked at any time by the City Manager for any violation of the provisions of this ordinance, or upon the creation or existence of any condition which would in the opinion of the City Manager and the Fire Chief create or tend to create a serious fire hazard. October, 1982 417 Section 13-633. Permit Fee. The fee for a permit shall be $75 which shall accompany the application thereof. (Sec. 13-633 amended by Ord. 1356, 12/20/76; Ord. 1488, 11/17/80; and Ord. 1870 10/4/82) Section 13-634. Regulations. The City Manager, as a prerequisite to the granting of a permit, or after a permit has been granted, may require the applicant to whom such permit issues, to: (1) Properly fence any pit or excavation; (2) Slope the banks, and otherwise guard and keep any pit or excavation in such condition as not to be dangerous from caving or sliding banks; (3) Properly drain, fill in or level any pit or excavation, after catenated, so as to make the same safe and healthful, as the City Manager shall determine; (4) Keep any pit or excavation within the limits for which the particular permit is granted, and (5) Remove excavated material from any such pit or excavation, away from the premises, upon and along such highways, streets, or other public ways as the City Manager shall order and direct. Section 13-635. Bond. (1) October, 1982 The City Manager may requre the applicant to file a bond, in such form and sum as the Manager shall determine, with sufficient surety to the City, conditioned to pay the City the extraordinary cost and expense of repairing, from time to time, such highways, streets or other public ways along such designated route of travel, caused by the special burden resulting from such hauling and travel, in removing material from any pit or excavation, the amount of such cost and expense to be determined by the Director of Public Works; and conditioned further to comply with all the requirements of this ordinance, and the particular permit, and to pay such expense as the City may incur by reason of doing anything required to be done by any applicant to whom a permit is issued. 423 f 1111 ber, 1982 the proposed structure is in compliance with all the requirements of the sign ordinance, and all other laws and ordinances of the City of St. Louis Park, he shall then issue the permit. If the work authorized under a permit has not been completed within six months after the date of issuance, the said permit shall become null and void. Section 13-708. Permit Fees. (1) Every applicant before being granted a permit hereunder shall pay to the City Treasurer the permit fee for each sign regulated by this ordinance. (Sec. 13-708(2)(3) deleted by Ordinance 1484, November 17, 1980) (2) Wall, Ground, Roof and Projecting Signs. The fee for a sign not exceeding 50 square feet in area shall be $35 and for each additional 50 square feet in area or fraction thereof in excess of 50 square feet in area shall be $10. This fee shall be calculated on the basis of only one side of a double-faced, back-to-back billboard. (New Sec 13-708(2) added by Ordinance 1484 November 17, 1980) Wee. 1.-708(2) amended by Ord. 1570, 10/4/82) (3) Temporary Signs. For any permit for a temporary sign, up to 10 square feet in area, the fee shall be $15. For any sign over 10 feet in area, the fee shall be $25. (4) Marquees. For any permit for a marquee or fixed awning construction, projecting over any street, alley or public property, the fee shall be $25 for each marquee or fixed awning (Sec. 13-708 amended by Ordinance 1356, December 20 1976) (Sec. 13-708(4) (5) renumbered (3) (4) by Ordinance 14'84, November 17, 1980) 430 i Section 13-709. Annual Inspection Program and Fees. The Director of Inspectional Services shall inspect annually, or at such times he deems necessary, each billboard structure regulated by the Ordinance Code for the purpose of ascertaining whether the same is secure or insecure and whether it is in need of repair or removal and whether the surrounding site is properly maintained; and that it is in compliance with all City code requirements. To meet the expense of such inspection, the permittee therefor shall pay to the City Treasurer the sum of $100. (Sec. 13-709 amended by Ordinance 1356, December 20, 1976) (Sec. 13-709 amended by Ordinance 1484, November 17, 1980) (Sec. 13-709 amended by Ord. 1570, 10/4/82) Section 13-710. Permit Revocable at Any Time. All rights and privileges acquired under the provisions of this ordinance or any amendment thereto, are mere licenses revocable at any time by the City Council, and all such permits shall contain this provision. Section 13-711. Unsafe and Unlawful Signs. If the Director of Inspectional Services shall find that any sign regulated herein is unsafe or insecure, or is a menace to the public or has been constructed or erected, or is being maintained in violation of the provisions of this ordinance, he shall give written notice by registered mail to the permittee thereof. If the permittee fails to remove or alter the structure so as to comply with the standards herein set forth, within ten (10) days after such notice, such sign or other advertising structure may be removed or altered to comply by the Director of Inspectional Services at the expense of the permittee or owner of the property upon which it is located. The Director of Inspectional Services shall refuse to issue a permit to any permittee or owner who refuses to pay costs so assessed. The Director of Inspectional Services may cause any sign or other advertising structure which is an immediate peril to persons to be removed summarily and October, 1982 431 Benches Section 13-740. Permit Required. No person shall place or maintain any bench or seat on any public sidewalk or way within the City of St. Louis Park unless he shall have obtained a permit and have complied with the provisions of Sections 13-740 to 13-747 inclusive of this ordinance. Section 13-741. Procedure for Issuance of Permits. A permit to install and maintain a bench on and along any public sidewalk or way may be issued by the City Manager to a person complying with the following requirements: (1) The application for such permit shall contain the location, detailed plans and specifications of each proposed bench, advertising matter, if any, to appear thereon and such other information as shall be required by the City Manager. (2) Each application shall be accompanied by a statement in such form as the City Attorney shall require, signed by the owners or lessees of the property adjacent to the portion of the street or sidewalk where each bench is proposed to be located giving such owners or lessees consent to the installation and maintenance of such bench at the pro- posed location. The applicant shall furnish therewith such evidence of ownership or lease as shall be required by the City Attorney. (3) Each application shall be accompanied by an inspection fee of $15 payable to the City Treasurer for each such bench. (4) If the application is granted, an additional permit fee of $20 shall be paid to the City Treasurer for each such bench at the time the permit is issued. (Sec. 13-741(3) (4) amended by Ordinance 1356, December 20, 1976) (5) All permits shall expire as of December 31 following the date of issuance thereof unless renewed. Upon renewal, a $17 renewal fee shall be payable when the application for renewal is filed. (Sec. 13-741(3)(4)(5) amended by Ordinance 1488, November 17, 1980) (Sec. 13-741(3)(4)(5) amended by Ord. 1570 10/4/82) 445 October, 1982 Newspaper Vending Machines Section 13-750. 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 13-751. Permit. (1) Each permit shall be valid for only one vending machine at an approved location and shall expire on December 31 of each year. (2) 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 13-752. Application for Permit; Renewals. (1) To secure a permit to install and maintain a newspaper vending machine at a given location, or to renew such a permit, an application 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. (2) In the event that two or more 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. Each initial application shall be accompanied by a permit fee of $25. 00 oer machine. The fee for each annual renewal shall be $25.00 per machine. (Sec. 13-752 (3) Amended by Ordinance 1356, December 20, 1976) (Sec. 13-752(3) amended by Ord. 1570 10/4/82) (3) October, 1982 450 (12) No License Required. Persons owning or operating vehicles hauling only milk licensed under the St. Louis Park Ordinance Code, and other food vehicles for which a license is not required by this ordinance, and employee coffee shops, shall not be required to apply for and obtain a license, but shall be subject to all other requirements of this ordinance. ((12) amended by Ord. 1386, 9/19/77) Section 13-803. License Fees. Fees for licenses issued hereunder shall be set. forth herein. (1) Food Establishment License Fees. The annual license fee for each food establishment, except catering food ve?-_i�les, bakery food vehicles, packaged food establishments, potentially hazardous food vehicle, packaged snack food outlet, and retail candy shops, shall be $200 provided, however, that if more than one facility, such as, but not limited to, kitchen, bar, bakery, meat market, grocery store, delicatessen, which would require food establishment licenses if operated separately, shall be located on the same premises, the license fee shall be an additional $45.00 for each such facility in addition to the $200.00 for the first such facility. ((1) amended by Ord. 1386, 9/19/77; and Ord. 1488, 11/17/80; and Ord. 1531, 12/7/81) (2) Packaged Food Establishments. The annual license fee for each packaged food establishment shall be $100. (3) Itinerant Food Establishments. The license fee for each itinerant food establishment shall be$100. ((4) Retail Candy Shop License. The annual license tee for each retail candy shop shall be$100 provided, further that if the candy shop is operated in conjunction with another facility, as provided in Section 13-803(1), the retail candy shop shall be an extra facility and a charge of $35 be added to the basic cost of the food establishment license. (5) Packaged Snack Food Outlet License Fee. The annual license fee shall be as follows: (Section 13-803(1-5) amended by Ord. 1570 , 10/4/82) October, 1982 - 463 - (a) For a single location, the annual license tee shall be $35 provided further if the single location is operated in conjunction with another facility requring a license and fee under this ordinance, the single location shall not be required to obtain a license. (b) For a business operating more than one packaged food outlet, the annual license fee shall be $350.00 the entire business. (Sec. 13-803(5) amended by Ord. 1386, 9/19/77) (Subsections (2)-(5) amended by Ord. 1488, 11/17/80) (Subsections a & b amended by Ord. 2570, 10/4/82) (6) Potentially Hazardous Food Vehicles. The annual license fee for each potentially hazardous food vehicle shall be$50 per vehicle for such vehicles not licensed under'Section 13-803(7), fleet vehicles. ((6) amended by Ord. 1488, 11/17/80; and Ord. 1531, 12/7/81) (7) Potentially Hazardous Food Vehicles - Fleet License. The annual license fee for a fleet of one or more potentially hazardous food vehicles shall be $175. ((7) amended by Ord. 1488, 11/17/80; and Ord. 1531, 12/7/81) (8) Bakery Food Vehicle License Fee. The annual license fee for each bakery food vehicle shall be $50 per bakery food vehicle. (9) Catering Food Vehicle License Fee. The annual license fee for catering food vehicles shall be $175 for each vehicle owned or operated by the licensee in the City of St. Louis Park. ((9) added by Ord. 1386, 12/20/76) ((8) & (9) amended by Ord. 1488, 11/17/80) ((6)(7)(8)&(9) amended by Ord. 1570 , 10/4/82) Section 13-804. Application, Issuance, Maintenance, and Administration. The application for such licenses shall be made on forms furnished by the City Manager and shall set forth the general nature of the business, the location, and such other information as the City Manager shall require, and such application and issuance of such licenses and their maintenance, termination, and administration shall be in October, 1982 - 464 - Soft Drinks Section 13-930. Definitions. The term "soft drinks" as used herein shall include all carbonated liquids, whether sold in bottled form or by open container, and shall include all forms fo liquids sold for drinking purposes whether carbonated or not, either bottled or in open containers, but shall not include intoxi- cating liquor or non -intoxicating malt liquors. Section 13-931. License Required. No person shall engage in the business of selling -soft drinks to the public whether the same are served directly in open containers ready for drinking, or bottled, or indirectly through any vending device, unless he shall first have obtained a license to do so from the City Manager; provided, that this ordinance shall not require such a license in order to sell soft drinks on premises licensed as a restaurant under Section 13-801 , nor to sell soft drinks in a food vending machine licensed under Section 13-910. Section 13-932. Application. The application for license to sell soft drinks shall state the place where the sale is to be licensed, the nature of the soft drinks to be sold, and such other information as the City Manager shall require. Section 13-933. License Fee. The annual fee for such license shall be $35. (Section 13-933 amended by Ord. 1356, 12/20/76; Ord. 1488, 11/17/80; and Ord. 1570, 10/4/82) Section 13-934. Regulations. All containers, bottles and devices in which softdrinks are kept and maintained for sale and in which sold shall be kept in a clean and sanitary condition and shall be subject to inspection at all times by the Department of Inspectional Services. October, 1982 486 Section 13-933. License Fee. The annual license fee shall be: (1) $180 for each gasoline service station, plus $10 for the second and each additional fuel dispensing hose. (2) $ 60 for each private fuel outlet, plus $10 for the second and each additional fuel dispensing hose. (Sec. 13-933 amended by Ord. 1356, 12/20/76; Ord. 1488, 11/17/80; and Ord. 1570, 10/4/82) Section 13-1314. Limitations on Use. (1) Buildings used as gasoline service stations or to house private fuel outlets shall conform to the applicable provisions of the Uniform Building Code, incorporated by reference by Ordinance Code Section (2) No heating system installed in such building shall be used unless first approved by the chief of the Fire Department. (3) There shall be no door or window leading directly or indirectly from any grease pit or grease room to any room or place where a heating system is located in such building, and grease pits and grease rooms shall be heated by such indirect heating system as shall be approved by the chief of the Fire Department; provided, however, that unit heaters, using oil or natural gas for fuel, of a type listed by Underwriters Laboratories, Inc. for use in garages, airplane hangars or similar locations, so suspended from the ceiling that the line of flame is a minimum of eight feet above the floor level, may be used in grease pits ,.1f grease rooms if approved by the chief of the Fire Department. (4) Buildings used for storage or sale of flammable liquids, Classes I, II or III as defined by the Fire Prevention Code, which is incorporated by reference by Ordinance Code Section 8-301, shall be heated by steam or hot water, the heating plant to be enclosed within a fireproof room. (5) All gasoline service stations and private fuel outlets shall be constructed, operated and maintained in accordance with the State Statutes. October, 1982 513 Section 13-1328. Notice of Sale -Auction. At least 7 days prior to the conduct of a sale by auction, the licensee shall file a statement with the city clerk indicating the date and place of sale, the name and address of the auctioneer who will conduct the sale, and an itemized list of the merchandise to be offered for sale. The list of merchandise shall contain a description of each item, including any serial number and a designation by number corresponding to a number affixed to each item by a tag which shall be kept fastened to the item at all times until sold. Every auctioneer shall keep an accurate account of all property sold by him, the names of the persons from whom the same was received and of those to whom it was sold and the price. This information shall be made available to the city upon request. The city shall have access to and inspect all items to be sold, as deemed necessary, to enforce the provisions of this ordinance. (Sec. 13-1328 Added by Ordinance 1261, April 29, 1974) Section 13-1329. Affidavit of Ownership -Estate Sale. At least 7 days prior to the conduct of an estate sale, the licensee shall file an affidavit with the city clerk on forms furnished by the city, signed by the owner, heirs, or estate executor, that all of the merchandise being sold is the property of or under the direct control of the signer. (Sec. 13-1329 Added by Ordinance 1261, April 29, 1974) Section 13-1329.101. Residential or Garage Sales Restrictions. No residential premises shall be used for a residential sale or a garage sale for more than two periods of seventy-two consecutive hours in any calendar year. None of the items offered for sale shall have been bought for resale or received on consignment for purpose of resale. (Sec. 13-1329.101 Added by Ordinance 1261, April 29, 1974) Section 13-1329.102. Auction Sales Excepted or Excluded. This ordinance shall not apply to auction sales to dealers in the usual course of business, nor to sales by public officers according to law, nor to any person selling the products of a farm or garden occupied and cultivated by him, nor sales conducted for charitable purposes. (Sec. 13-1329.102 Added by Ordinance 1261, April 29, 1974) Section 13-1329.103. Fees. (a) The annual auction license fee shall be $60. (b) The annual estate sale license shall be $60. (c) Applicants for both either auction sale license or an estate sale license shall further pay a non-refundable investigation fee of $40.00 with the first application. (Sec. 13-1329.103 Added by Ordinance 1261, April 29, 1974) (Sec. 13-1329.103 amended by Ordinance 1488, November 17, 1980) (Sec. 13-1329.103 amended by Ord. 1570, 10/4/82) October, 1982 516.2 Cigarettes Section 13-1350. License Required. No person, except a common carrier licensed by the State of Minnesota, shall engage in the business of selling cigarettes at retail directly or indirectly or by means of any device, keep for retail sale or sell at retail, any cigarette, package of cigarettes, retail carton of cigarettes, or cigarette wrapper at any place within the corporate limits of the City of St. Louis Park without first having obtained a license from the City Manager authorizing him to do so. Section 13-1351. Application and Issuance. Application for such license shall state the location of the building or place intended to be used by the applicant under such license, the kind of business conducted at such location, and such other information as shall be required by the City Clerk. Section 13-1352. License Fee. The annual fee for every such license shall be $15. The fee for a license issued which shall be valid after June 30 and until December 31 of a single year shall be $7.50. (Sec. 13-1352 amended by Ord. 157a 10/4/82) Section 13-1353. Restrictions. No license shall be issued except to a person of good moral character. No license shall be issued to an applicant for sale of cigarette at any place other than his established place of business. No license shall be issued for the sale of cigarettes at a movable place of business; nor shall any license be issued for the sale of cigarettes at more than once place of business. No person shall sell or give away any cigarette, cigarette paper, or cigarette wrapper to any person below the age of eighteen (18) years. No person shall keep for sale, sell, or dispose of any cigarette containing opium, morphine, jimson weed, belladonna, stychnia, cocaine, marijuana, or any other deleterious or poisonous drug except nicotine. October, 1982 524 Hotels, Motels, Lodging and Boarding Houses Section 13-1480. Definitions. The definitions for hotel, lodging houses, and boarding house shall be as found in M.S.A. 157.01 as amended. The term "board" as used in the Minnesota Health Department requirements MHD 151 and 152 adopted by reference shall mean the City of St. Louis Park. (Sec. Z3 -Z480 Added by Ordinance 2365, February 22, Z977) Section 13-1481. License Required. No person shall operate or engage in the business of operating a hotel, lodging house or boarding house within the City of St. Louis Park unless a license shall have been obtained therefore from the City Manager. (Sec. Z3-Z48Z Added by Ordinance 1365, February 22, 2977) Section 13-1482. Required License Fees. The annual license fee for hotels, lodging houses and boarding houses shall be as follows: (1) Hotels (and motels) 1 - 50 rooms 150.00 plus 51 rooms and over (per room) 1.50 (2) Lodging House per location 60.00 (3) Boarding House per location 60.00 If a boarding house is required to have a food establishment license, the boarding house license fee shall be 1 of the required fee under this section. (Sec. Z3 -Z482 Added by Ordinance Z365 February 22, Z977 (Sec. 13-1482 amended by 1488, 11/17/80 & Ord.`1570, 10/4/82) Section 13-1483. Adoption by Reference of Minnesota Department of Health Regulations. There is hereby adopted and incorporated into this code by reference thereto, by marking three copies thereof as "official copies" and filing them for reference and inspection in the office of the City Clerk, all of that certain regulation of the State of Minnesota entitled "Minnesota State Board of Health, Chapter Nine: MHD 151-160, Requirements for Lodging Establishments". (Sec. Z3 -Z483, Added by Ordinance 1365, February 22, Z977) October, 1982 543.1 1 f 1 TREE MAINTENANCE/REMOVAL/TREATMENT Section 13-1490. License Required. No person shall engage in the business of cutting, trimming, removing or otherwise treating trees with trunks six inches or greater in diameter within the corporate limits of the City of St. Louis Park, unless a license for the conduct of such business, issued pursuant to this ordinance, shall have been obtained from the City Manager. (Sec. 13-1490 added by Ordinance 1368, April 4, 1977) (Sec. 13-1490 amended by Ordinance1408, May 1, 1978) Section 13-1491. License Fee. The annual•liceti"se fee for such business shall be $75.:7 (Sec. 13-1491 added by Ordinance 1368, April 4, 1977) (Sec. 13-1491 amended by Ordinance 1488 November 17, 1980) (Sec. 13-1491 amended by Ord. 1570, 1074/82) Section 13-14C? Chemical Treatment Requirements. Licensees who propose to use chemical substances in any activity related to treatment or disease control of trees shall file with the City Clerk proof that the licensee or an employee of the licensee administering such treatment has been certified by the Minnesota Department of Agriculture as,a "commercial pesticide applicator." Such certification shall include knowledge of tree disease chemical treatment. October, 1982 (Sec. 13-1491 added by Ordinance 1368, April 4, 1977) 543.2 i Section 13-1601. License Required. No person shall directly or indirectly operate a gambling device or conduct a raffle without a license. Section 13-1602. Qualifications for License. A license shall be issued only to fraternal, religious and veterans organizations, or any corpora- tion, trust or association organized for exclusively scientific, literary, charitable, educational or artistic purposes, or any club which is organized and operated exclusively for pleasure or recreation. Such organi- zation must have been in existence in the City of St. Louis Park for at least three years and shall have at least 30 active members. Such organi- zation must own or lease the premises upon which gambling devices are to be operated and raffles are to be conducted, except that tickets for raffles conducted in accordance with this section may be sold off the premises. Leases shall be in writing and shall be for a term of at least one year. No lease shall provide that rental payments be based on a percentage of receipts. A copy of the lease shall be filed with the city clerk. The lease require- ments may be waived by the City Council. (Sec. 13-1602 amended by Ord. 1523, Sept. 21, 1981) Section 13-1603. License Fees. The applicant shall pay a license fee on e— ither a single event or annual basis. The fee for a single paddlewheel, tipboard, pull -tab (or ticket jars), or raffle event shall be $30 each; the annual fee for a paddlewheel, tipboard, pull -tab (or ticket jars), or raffle shall be $130 each. (Sec. 13-1603 amended by Ordinance 1488, November 17, 1980) (Sec. 13-1603 amended by Ordinance 1523, Sept. 21, 1981) (Ord.1570, 10/4/82) Section 13-1604. Application Procedure. The council shall act upon said application within 180 days from the date of application, but shall not issue a license until at least 30 days after the date of application. Section 13-1605. Profits. Profits from the operation of gambling devices or the conduct of raffles shall be used only for "lawful purposes," as defined by Minnesota Statutes, Section 349.12, Subd.6. Section 13-1606. Gambling Manager. 1) Qualifications: a) Active Member. The gambling manager shall have been a member in good standing of the organization for at least six months. b) One Gambling Manager. There shall be only one gambling manager for each organization. The gambling manager may be the same person as the bingo manager within the organization. October, 1982 543.5 Section 15-212.101. Certificate of Occupancy, Occupant Change. No person, co -partnership, corporation or association shall permit any change in occupant of any land, existing building or structure or portion thereof or any change in ownership of any land other than vacant land, building or structure until the City has made an occpuancy inspection and issued a Certificate of Occupancy which shall not be issued until all violations of the St. Louis Park Ordinance Code have been corrected. Single- or two-family structures shall only be required to be inspected as provided elsewhere in the St. Louis Park Ordinance Code. (Sec. 15-212.101 added by Ord. 1321, 3/1/76) (Sec. 15-212.101 amended by Ord. 1492, 1/19/81) Section 15-212.102. Certificate of Occupancy, Occupancy Change Inspection Fee. The occupancy inspection fee for changes in occupancy or ownership as required in Section 15-212.101 (except for licensed apartment buildings) shall be $50 for floor areas of 3,000 or less square feet; the fee shall be $100 for floor areas of more than 3,000 square feet. The fee for change in occupancy of land without a structure shall be $50. (Sec. 15-212.102 added by Ord. 1321, 3/1/76; amended by Ord. 1492, 1/1/81; amended by Ord. 1570, 10/4/82) Section 15-212.103. Temporary Structures. No person shall erect, install or place a temporary structure within the City of St. Louis Park without first having obtained a permit from the City. A temporary structure includes, but is not limited to, a tent other than an accessory to a single-family dwelling, or a sales office. The permit fee for a temporary structure shall be $50 for each location. Such permit shall contain an expiration date at which time the structure shall be removed. The duration period for any temporary permit as described shall not exceed six consecutive months. The City may renew such permits upon reapplication to the Department of Inspectional Services and upon payment of the required temporary structure permit fee. (Sec. 15-212.103 added by Ord. 1492, 1/19/81) (Sections 15-213, Fire Zones, and 15-214, Adoption of Minn. Building Code by Reference, and 15-215, Adoption of Uniform Building Code by Reference, repealed by Ord. 1492, 1/19/81) Section 15-213. Construction Permit Fee -Accessory Small Building Slabs. No person shall erect, construct or install any accessory building with a projected roof area of 120 square feet or less without providing a concrete slab or its equivalent underneath all such accessory structures. The accessory structures must be anchored to the concrete slab or its equivalent. No accessory building, concrete slab or its equivalent can be erected without obtaining a construction permit from the City. The permit fee shall be based on the value of work using the UBC fee schedule. (New Sec. 15-213 added by Ord. 1492, 1/19/81) 717 Odober, 1982 i October, 1982 Sectionl5-332. Issuance of Certificate. If the single -or two-family structure is in compliance with the minimal requirements of the housing code, the City Manager shall cause a certificate of health and safety compliance to be issued to the present occupant or owner, which shall state that the structure has been inspected and is in compliance with the minimal requirements of the housing code. The present occupant, owner or any agent designated by the present occupant, or owner shall obtain the certificate of health and safety compliance. (Section Z5-312 amended by Ordinance 1429, November 6, Z978) During the period of one year following its issuance, a certificate of health and safety compliance may be accepted by the City in satisfaction of the requirements of Section 15-330, without the need for a second inspection. If the City finds that the circum- stances of occupancy following the issuance of a certificate of health and safety compliance involve possible substandard mainten- ance or abnormal wear and tear, a new inspection may be required in order to satisfy the requirements of Section 15-330. (Section 15-312 amended by Ordinance 1444, July 9, 1979) (Sec. 15-312 renumbered 15-332 and amended by Ord. 1492, 1/19/81) Sectionl5-333. Filing of Certificate by Prospective Occupant,or Purchaser. The present occupant or owner, or any agent designated by the present occupant or owner, shall furnish a copy of the certificate of health and safety compliance to the prospective occupant or owner, who shall file a copy of the certificate with the city. The proposed buyer or renter shall not take occupancy of the dwelling unit prior to the filing of the certificate with the city, except that upon the filing of an affidavit by the present or prospective owner or occupant, or his designated agent, approved by the Director of Inspectional Services, which sets forth the dates by which necessary corrective action shall be taken, the occupancy shall be permitted pending issuance of the certificate of health and safety compliance. (Sec. 15-313 renumbered 15-333 by Ord. 1492, 1/19/81) Section 15-314. Review of the Ordinance. (Section 15-314 repealed by Ordinance 1429, November 6, 1978) Sectionl5-334. Fee. The fee for"the inspection and certificate of health and safety compliance of a single -or two family dwelling unit shall be $35. (Section 15-315 amended by Ordinance 1429, November 6, 1978) (Section 15-315 amended by Ordinance 1488, November 17, 1980) (Section 15-315 renumbered 15-334 by Ord. 1492, 1/19/81) (Amended by Ord. 1570 10/4/82) 748 Sec. 2. Penalty. Any person violating the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than $500 or by imprisonment for not to exceed 90 days or both. Sec. 3. Effective Date. This ordinance shall take effect January 1, 1983. Adopted by the City Council October 4, 1982. Reviewed for administration: • (71-0 N124 -d Mayor 0 App oved as to form and legality: ,i'',if City f torney 0 SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION ST. LOUIS PARK SUN 924 Excelsior Avenue West Hopkins, Minnnesota State of Minnesota County of Hennepin D K MORTENSON, being duly sworn, on oath says he is and during all times here stated has been the vice president and general manager of the newspaper know as The St Louis Park Sun and has full knowledge of the facts herein stated as follows (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches (2) Said newspaper is a weekly and is distributed at least once every 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 advertisement (4) Said newspaper is circulated in and near the municipalities which it purports to serve, has at least 500 copies regularly delivered 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 -office (5) Said newspaper purports to serve the City of St Louis Park, Golden Valley School District No 275 and Robbinsdale School District No 281 in the County of Hennepin and it has its known office of issue in the City of Hopkins in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regula. business hours and at which said newspaper is printed (6) Said newspaper files a copy of each issue immediately with the State Historical Society (7) Said newspaper is made available at single or subscription prices to any person, corporation, partnership or other unincorporated association requesting the newspaper and making the applicable payment (8) Said newspaper has complied with all foregoing conditions for at least one year preceding the day or dates of publication mentioned below (9) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter and affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper He further states on oath that the printed Ordinance No .1570 hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for_One_successive weeks, that it was first so published on Wed the 13 day of October 19 82 and was thereafter printed and published on every to and including the day of 19 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit abcdefghijklmnopqrstuvwxyz (Official Publicationj Proposed Summar) ORDINANCE NO 1570 AN ORDINANCE AMENDING THE ST LOUIS PARK ORDINANCE (,ODE RELATING TO THE FEES FOR PERMITS AND LICENSES 13-304, NON -INTOXICATING LIQUOR, 13-414, CHILDREN S AMUSEMEN I DEVICES, 13-423, - CARNIVAI S AND CIRCUSES, 13-433, PUBLIC DANCE HALLS, 13-443 THEATERS, 13-484, ROLLER SKATING RINKS, 13-473, BILLIARD HALLS AND BOWLING, 13-501, DOGS, 13 614, FIREWORKS DISPLAYS, 13-633 EXCAVATIONS, 13-708(2), SIGNS, 13-709, BILLBOARD INSPECTIONS, 13-741(3) through (5) BENCHES, 13-75213), NEWSPAPER VENDIN(. MACHINES, 13-803(1) through (9), FOOD ESTABLISHMENTS, 13-933, SOFT DRINKS, 13-1313, GASOLINE SERVICE, 13-13L9 103, AUCTION AND ESTATE SALES, 13-1352, CIGARETTES, 13-1482, HOTELS AND MOTEL 13-1491, TREE MAINTENANCE AND REMOVAL, 13-1603 AUTHORIZED GAMBLING DEVICES, 15-212102, CERTIFICATE OF OCCUPANCY, 15-334, CERTIFICATE OF HOUSING MAINTENANCE COMPLIANCE Summar) This ordinance adjusts fees and clarifies language for those nems listed in the title which require a license or a permit EffecUte Date This ordinance shall take effect January 1 1983 Adopted by the City Council 10-4-82 (s) PHYLLIS McQUAID Mayor A copy of the full text of this or- dinance is available for inspection with the City Clerk (Oct 13 1982) -SLP Subscribed and sworn to before me this 13 day of October 19 82 MERIDEL M. HEDBLOM NOTARY PUBLIC • MINNESOTA HENNEPIN COUNTY My commission expires July 2, 1986