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HomeMy WebLinkAbout2181-00 - ADMIN Ordinance - City Council - 2000/11/06• • ORDINANCE NO. 2181-00 AN ORDINANCE DELETING PORTIONS OF CHAPTERS 11, 13, AND 15 OF THE ST. LOUIS PARK MUNICIPAL CODE AND ADOPTING A NEW CHAPTER 16 CONCERNING LICENSING OF BUSINESSES AND ACTIVITIES WITHIN THE CITY THE CITY OF ST. LOUIS PARK DOES ORDAIN: SECTION 1. Sections 11-201 through 11-259 of the St. Louis Park Municipal Code are hereby deleted in their entirety. SECTION 2. Sections 13-101 through 13-249 and Sections 13-401 through 13-1503 and Sections 13-1700 through 13-1713 of the St Louis Park Municipal Code are hereby deleted in their entirety SECTION 3. Sections 15-340 through 15-349 of the St. Louis Park Municipal Code are hereby deleted in their entirety. SECTION 4. The St. Louis Park Municipal Code is amended by adding a new Chapter 16 to read as follows: CHAPTER 16 - LICENSING ARTICLE I. GENERAL PROVISIONS Section 16-101: General Provisions. The general provisions provided under this Article shall apply to all licenses required under this Chapter unless otherwise provided under the applicable licensing cntena Section 16-102: Definitions. The following definitions when used in this Chapter shall have the meanings ascnbed to them in this Section: AIR Any gaseous matter or particulate matter which, when present in the CONTAMINANT outdoor atmosphere contnbutes to a condition of air pollution, including, but not limited to gases, vapors, mists, dust, soot, smoke, fumes, fly ash, cinders, and odors. AIR POLLUTION: The presence in the atmosphere of one or more air contaminant or combinations thereof which is or, may tend to be injunous to human health or welfare or injunous to human, plant, or animal life or property, or that interfere with the comfortable enjoyment of life or property or the conduct of business. AMUSEMENT A business at one location devoted pnmanly to the operation of ARCADE mechanical or electncal amusement devices and open for pubhc use and participation. ® AMUSEMENT A mechanical or electncal machine which, upon the insertion of a DEVICE• coin, token or slug, operates or may be operated for use as a game, contest or amusement of any descnption, or which may be used for any such game, contest or amusement, and which contains no automatic pay-off device for the retum of money, coins, checks, tokens, or merchandise, or which Ordinance No 2181-00 -2- ATMOSPHERE: BILLBOARD: BOARDING HOUSE. CITY - COMMERCIAL ENTERTAINMENT ESTABLISHMENT: COURTESY BENCH: DOG KENNEL EMISSION• ENCLOSED PARKING FACILITY: FOOD OR BEVERAGE ESTABLISHMENT: GARBAGE: HEALTH AUTHORITY: provides for no such devices, and shall include pin -ball machines, mechanical miniature pool tables, bowling machines, shuffleboards, electric rifle or gun ranges, miniature mechanical devices and games or amusements patterned after baseball, basketball, hockey, tennis, soccer, juke boxes and similar games, which may be used solely for amusement and not as gambling devices The air that envelopes or surrounds the earth A sign which is used for the pnmary purpose of selling space advertising a product, service, business, or event which is not offered for sale or rent or does not take place on the premises on which the sign is located. A food and beverage service establishment where food or beverages, or both, are furnished to five or more regular boarders, whether with or without sleeping accommodations, for penods of one week or more. The City of St. Louis Park, Minnesota. An amusement arcade, when the arcade is the pnncipal operation of the business estabhshment, a roller skating nnk, or a movie theater. Any bench or seat located on any public sidewalk along a street or thoroughfare or on any public right-of-way along a street or thoroughfare or on pnvate property dedicated to public use or authonzed for public use by owner. Any place where four or more dogs over the age of 9 weeks are kept for a period longer than 24 hours or any business engaged in the breeding, health care, boarding or sale of dogs. Discharging, releasing, circulating, letting off, raising, liberating, freeing or sending forth into the atmosphere any air contaminant or combinations thereof. An enclosed building or structure, or part thereof, used for parking, storage, or maintenance of motor vehicles. Any building, room, stand, enclosure, vehicle, space, area or other place wherein food or beverages are manufactured, prepared, stored, distnbuted, served, sold or offered for sale to the public at retail, regardless of whether there is a charge for the article, or otherwise provides foods or beverages, or both, for human consumption. Animal and vegetable wastes resulting from the handling, preparation, cooking, and consumption of food. The duly appointed health officials of the City of St. Louis Park. Ordinance No. 2181-00 -3- HEALTH DEPARTMENT, HEALTH OFFICER, STATE BOARD OF If used at any place in this Chapter and in the requirements adopted HEALTH, BOARD: by reference shall mean the Health Authority of St. Louis Park. HEALTH/SPORTS A business, the primary purpose of which is health and fitness, of ESTABLISHMENT: which massage therapy may be a subsidiary and for which the financial records of the establishment are at all times available to the City for inspection. HIGH IMPACT Any business with matenals or entertainment provided to the SEXUALLY- public which are pnncipally related to sexual stimulation or ORIENTED gratification other than a limited impact sexually-onented business. BUSINESS: Examples of a high impact sexually-onented business include the following: a. a business where sexually -oriented matenals are sold, bartered, distnbuted, leased, furnished, exhibited or otherwise provided for use or entertainment on business premises; b. a business where specified sexual activities (as defined herein) are explicitly verbally descnbed or shown; c. a business where specified anatomical areas (as defined herein) are explicitly verbally described or shown; d. a business providing sexually -oriented matenals for off-site use or entertainment, which has a separate area but does not meet the size or other restrictions to qualify as a limited impact sexually-onented business; and e. a business providing sexually-onented matenals for off-site use or entertainment where the sexually-onented matenals are dispersed within the business rather than isolated in a separate area. HOTEL OR MOTEL: A building, structure, enclosure, or any part thereof used as, maintained as, advertised as, or held out to be a place where sleeping accommodations are furnished to the public and furnishing accommodations for periods of less than one week. LIMITED IMPACT: A business where sexually-onented materials are sold, bartered, SEXUALLY- distributed, leased, furnished or otherwise provided to the public ORIENTED and which meets the following restrictions: BUSINESS: a. all sexually-onented matenals must be provided for use or entertainment off the business premises only; b. all sexually-onented matenals must be provided from a separate area to which person under the age of 18 are prohibited access; c. the separate area may not exceed a maximum of 20% of the retail floor area of the establishment, or 300 square feet, whichever is less; d. no person outside the separate area shall be able to perceive or observe and sexually-onented matenals at any time, including when someone is entenng or exiting the separate area, shop ging or purchasing sexually-onented materials; Ordinance No. 2181-00 -4- LODGING ESTABLISHMENT: MASSAGE: MASSAGE THERAPY ESTABLISHMENT: MULTI-LEVEL PARKING FACILITY: OFF-SITE CONSUMPTION: ON-SITE CONSUMPTION: PAWNBROKER: PEDDLER: e. a sign must be displayed on the entrance to the separate area which shall read: "No person under the age of 18 is allowed in this area." The sign letters shall be a minimum of 2 inches high: and f the entry into the separate area shall be visible to a employee of the business at all times. A building, structure, enclosure, or any part thereof used as, maintained as, advertised as, or held out to be a place where sleeping accommodations are furnished to the public as regular roomers, for penods of one week or more, and having five or more beds to let to the public. The rubbing, stroking, kneading, tapping or rolling of the body of another with the hands or objects for the exclusive purpose of physical fitness, health-care referral, relaxation, beautification and for no other purpose. A place providing to the public at large massage services, other than a hospital, sanatorium, rest home, nursing home, boarding home, or other institution licensed under the provisions of Minnesota Statutes §§ 144.50 - .69. The definition does not include the practice of medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry; and persons duly licensed in this state to practice medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry, licensed nurses and athletic directors and trainers. A building or structure, or part thereof, in which a structural level other than a slab on grade is used for parking, storage, or maintenance of motor vehicles. Any limited impact sexually -oriented business or any high impact sexually -oriented business where sexually-onented materials are sold, bartered, distributed, leased, furnished or otherwise provided for use or entertainment off the business premises only. Any high impact sexually -oriented business where sexually- onented matenals or entertainment, which are principally related to sexual stimulation or gratification, are offered on the business premises. A person who loans money on deposit or pledge of personal property or other valuable thing; who deals in the purchasing of personal property or other valuable thing on condition of selhng that same back again at a stipulated pnce; or who loans money secured by chattel mortgage or on personal property, taking possession of the property or any part thereof so mortgaged. To the extent that a pawnbroker business includes buying personal property previously used, rented, or leased, the provisions of this Chapter shall be apphcable. Any bank, savings and loan association, or credit umon shall not be deemed a pawnbroker for purposes of this Chapter. Any person with no fixed place of business who goes from house to house carrying or transporting goods, wares or merchandise and offerin,• or exposing the same for sale, or making sales and deliveries to puri_ users of the same. • • • Ordinance No. 2181-00 -5- PERSON: An individual, proprietorship, partnership, corporation, association, or other legal entity. III POOL: PRIVATE RESIDENTIAL POOL: PROCESS: Any structure, chamber, or tank containing an artificial body of water for swimming, diving, relaxation, or recreational use including special purpose pools and wading pools. A pool connected with a single-family residence or owner - occupied duplex, located on pnvate property under the control of the homeowner, the use of which is limited to family members or the family's invited guests. A private residential pool is not a pool used as part of a business. Any action or operation: (a) (b) (c) which by physical action results in a change in location, form, or physical properties of a matenal; which by chemical action results in a change in chemical composition, chemical properties, or physical properties of a matenal; or which creates or establishes a condition or situation which produces air contaminants. PUBLIC SANITARY A pool, whirlpool, sauna (dry or steam), public bath or shower, FACILITY: tanning beds, or similar facility. PUBLIC SWIMMING POOL: REFUSE: RESIDENTIAL GARAGE/YARD SALE. Any pool, other than a pnvate residential pool, intended to be used collectively by numbers of persons for swimming and bathing, operated by any person as defined herein, whether that person be the owner, lessee, operator, licensee, or concessionaire, regardless of whether a fee is charged for such use. A public pool includes, but is not limited to, pools operated by a person in a park, school, licensed child care facility, group home, motel, camp, resort, apartment building, club, condominium, hotel, manufactured home park, or political subdivision. All wastes (except body wastes), including but not limited to rubbish, tin cans, papers, Christmas trees, cardboard, grass clippings, ashes, glass jar and bottles, and wood normally resulting from the operation of a household or business establishments, but not including garbage, sod, dirt, rocks, cement, trees, leaves, hedge or tree trimmings, or anything one person could not lift easily. Any sale conducted at a residential premises where the property sold consists only of items owned by the owner or renter of the premises at which the sale takes place or by fnends of such owner or renter, and where the sale is conducted by the owner of the premises or fnends, not by an agent or any other person to whom a commission or fee is paid. Ordinance No. 2181-00 -6- ROLLER SKATING RINK: SAUNA: SELF-SERVICE MERCHANDISING• SEXUALLY - ORIENTED BUSINESS: SEXUALLY - MATERIALS: SOLICITOR: SOLID WASTE: 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 pnce, 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. Any public facility used for the purpose of bathing, reducing or relaxing, utilizing steam or heat as a cleaning, reducing or relaxing agent. Self-service merchandising shall mean open displays of tobacco, tobacco products, or tobacco related devices where any person shall have access to the product without the assistance or intervention of an employee of the premise maintaining the merchandising. Self-service merchandising shall not include vending machines. Any limited impact sexually-onented business or any high impact sexually-onented business. Visual, pnnted or aural matenals and other objects or devices which: a. contain, depict or descnbe specified sexual activities or specified anatomical areas; b. are marked for use in conjunction with, or are primarily used only with or during the specified sexual activities descnbed in the following subsections of the definition of "specialized sexual activities": subsections b, c, f or as part of the binding, fettering, or other physical restraint described in subsection e. Any person who goes from house to house soliciting or taking or attempting to take orders for the purchase of any goods, wares, or merchandise, including magazines, books, penodicals or personal property of any nature whatsoever for delivery in the future, or orders for the performance of maintenance or repair services in or about the home or place of business, such as furnace cleaning, roof repair or blacktopping. It also means any person who canvasses, solicits or calls from house to house for contnbutions or support for any charitable, religious, civic, educational, philanthropic, social service, welfare, or eleemosynary organization. Garbage, refuse, sludge from a water supply treatment plant or air contaminant treatment facility, and other discarded waste materials and sludges, in solid, semisolid, liquid, or contained gaseous form, resulting from industnal, commercial, mining, and agricultural operations, and from community activities, but does not include hazardous waste; animal waste used as fertilizer; earthen fill, boulders, rock; sewage sludge; solid or dissolved material in domestic sewage or other common pollutants in water resources, such as silt, dissolved or suspended solids in industrial waste water effluents or discharges which are point sources subject to permits under Section 402 of the federal Water Pollution Control Act, as • • Ordinance No. 2181-00 -7- amended, dissolved materials in imgation return flows; or source, special nuclear, or by-product material as defined by The Atorruc Energy Act of 1954, as amended SOLID WASTE Any person who shall offer to, or engage in the collection of COLLECTOR: solid waste from any public or pnvate institution, commercial establishment, or residential dwelling located within the City of St. Louis Park. SPECIFIED Means: ANATOMICAL AREAS: a. less than completely and opaquely covered human genitals, pubic area, buttock, anus or female breast below a point immediately above the tope of the aerola; and b. human male genitals in a state of sexual arousal, whether or not completely or opaquely covered. SPECIFIED Means: SEXUAL ACTIVITIES: a. actual or simulated sexual intercourse of any kind involving two humans, or one human and an animal or object; b. actual or simulated masturbation; c. actual or simulated sadism or masochism; d. actual or simulated sexual stimulation of any kind; e. situations involving a person who is nude, clad in undergarments, or in a revealing costumes, and who is engaged in activities involving binding, fettering or other physical restraint of that or another person; and f. sexually -oriented touching of an animal by a human. SPECIAL PURPOSE POOL: A pool intended to accommodate a use other than normal swimming, diving, or wading. A special purpose pool includes, but is not limited to, spa pools, pools used for water therapy, dedicated plunge pools, flume water slides, and wave pools. TANNING A location, place, area, structure, or business or a part thereof FACILITY: which provides consumers access to tanning equipment. Tanning facility includes, but is not limited to, tanning salons, health clubs, apartments, or condominiums regardless of whether a fee is charged for access to the tanning equipment. TEMPORARY The outdoor sale of goods or merchandise to the general public for OUTDOOR RETAIL personal or household consumption at a single location for less SALES: than 180 days, excluding residential garage/yard sales. TOBACCO OR Any substance or item containing tobacco leaf, including but not ® TOBACCO limited to, cigarettes, cigars, pipe tobacco or chewing tobacco and PRODUCT: other forms of tobacco leaf prepared in such a manner as to be suitable for chewing, sniffing, or smoking. Ordinance No. 2181-00 -8- TOBACCO Any tobacco product as well as any pipe, rolling papers, or other RELATED devices used in a manner which enables the chewing, sniffing, or DEVICES• smoking of tobacco or tobacco products. TRANSIENT any person who engages in, does, or transacts any temporary and transient business in this state, either in one locality, or in traveling from place to place in this state, selling goods, wares, and merchandise; and who, for the purpose of carrying on such business, hire, lease, occupy, or use a building, structure, vacant lot, or railroad car for the exhibition and sale of such goods, wares, and merchandise. The term "transient merchant" does not include a seller or exhibitor in a firearms collector show involving two or more sellers or exhibitors. VENDING Vending machine shall mean any type of device which dispenses MACHINE: tobacco, tobacco products, or tobacco related devices upon the insertion of money, tokens, or other form of payment directly into the machine. WADING POOLS: Any pool used or designed to be used exclusively for wading or bathing and having a maximum depth of 24 inches. Section 16-103: License Required. It is unlawful for any person to engage in any business or activity for which a license or permit is required by any provision of this Chapter or any other law or ordinance of the City without first obtaining the license or permit required under this Chapter. Section 16-104: Fees. Except as otherwise provided, all fees for licenses under this Chapter, including investigation fees, shall be fixed and determined by the City Council, adopted by resolution, and uniformly enforced. Such license fees may, from time to time, be amended by council resolution. A copy of the resolution setting forth currently effective license fees shall be kept on file by the City and open to inspection dunng regular business hours. In the case of contractor, business and animal licenses, license applications received within the last thirty days of the license term will be issued a license for the following year in the amount of the fee set for the following calendar year. Section 16-105: Refunds. No part of the fee paid for any license shall be refunded except as otherwise provided herein or by state law. Section 16-106: Applications. A. All applications for licenses shall be made upon forms furnished by the City for such purpose. All requested information must be completed by the applicant for the application to be considered. All applications for a license under this Chapter shall be signed and sworn to. If the application is that of a natural person, it shall be signed and sworn to by such person; if that of a corporation, by an officer thereof; if that of a partnership, by one of the general partners; and if that of an unincorporated association, by the manager of managing officer thereof. B. All initial applications which require an investigation shall be accompanied by payment of a non-refundable investigation fee to cover the cost of investigation if required by specific provisions of the individual license. • • Ordinance No 2181-00 -9- C. All applications shall be accompanied by the required fee and any and all other information or documentation required for issuance of the specific license. D. It is unlawful for any applicant to intentionally make a false statement or omission upon any application form. Any false statement or willful omission will result in automatic denial of the license, or if already issued, will render any license or permit void and shall constitute an automatic revocation of the license without further action by the City Council. E. The City may investigate the truth of statements made in the application as deemed necessary. For such investigation the City may enlist the aid of the police department. Section 16-107: Refusal, Suspension, Revocation and Reinstatement. Except as otherwise provided herein the City may refuse, suspend, revoke and reinstate any license under this Chapter as follows: A. The City may refuse to grant a license or license renewal and may suspend or revoke any license at any time, for any reasonable cause, including failure of an applicant or licensee to comply with provisions of the City Code or other applicable federal, state, or local laws or regulations. B. Any applicant, within ten days of notice of denial, suspension or revocation of a license, may request in writing, an administrative heanng before the City Manager. The City Manager shall promptly issue a wntten decision in the matter. The City Manager's decision may be appealed to the City Council by filing a wntten appeal to the City Clerk within ten days of receiving wntten notice of the City Manager's decision. C. The City Council may appoint a committee of the Council or an independent hearing officer to hear the matter, report findings of fact and a recommendation of disposition to the Council. Hearings on the appeal shall be open to the public and the licensee or applicant shall have the nght to appear and be represented by legal counsel and to offer evidence in its behalf. At the conclusion of the heanng, the City Council shall make a final decision. D. If a license is reinstated following suspension or revocation, the City may require payment of the City's costs as a condition of reinstatement. Such costs may include, but are not limited to; law enforcement costs, legal fees, investigation, inspection or other professional fees incurred due to the licensee's violation of applicable laws, ordinances, regulations and conditions of the license. E. A license may be temporanly suspended if any condition of the license is not complied with dunng the term of the license. A reinstatement fee may apply and must be paid before the license is made active. F. Suspension of any license as provided for within this Chapter shall be approved by the Director of Inspections and revocations of any license shall be approved by the City 0 Manager. Ordinance No 2181-00 -10- Section 16-108: Insurance. A. Proof of Insurance in effect for the penod of the license may be required by the City before certain specific licenses are issued. Such insurance must be maintained throughout the entire license term. The foregoing policies of insurance shall provide that the policies may not be cancelled by the insurer except upon notice to the City. In case of cancellation or expiration of such insurance, such license shall be suspended automatically. B The City reserves the nght to require additional insurance for activities located or occumng on City property. Section 16-109: License Penods and Termination. A. Licenses shall teammate only by expiration or revocation. B. All licenses issued under any subdivision of this Chapter shall terminate on December 31st of the calendar year in which it is issued unless a different termination date with respect to the individual license category is specified. Section 16-110: Renewal. An application for the renewal of an existing license shall be made pnor to the expiration date of the license and shall be made on a form provided by the City for that purpose. If, in the judgment of the City, good and sufficient cause is shown by the applicant for the applicant's failure to submit a renewal application before the expiration of the existing license, the City may, if the other provisions of this Chapter are complied with, grant the renewal application. Section 16-111: Duplicate Licenses Duplicates of all ongmal licenses may be issued by the City upon the licensee's signed statement that the onginal has been lost and upon payment of the currently required fee for issuance of the duplicate. All duplicate licenses shall be clearly marked "duplicate." Section 16-112: Penalty. Any person violating the provisions of this Chapter shall be guilty of a misdemeanor. ARTICLE II. CONTRACTOR LICENSES Section 16-201 Contractor Licenses General Provisions. The general provisions provided under this Section shall apply to all contractor licenses required under this Article, except as otherwise provided under the specific contractor licensing provision. A. License Required. No person may perform any work for which a license is required under this Article, pnor to issuance of a contractor's license. No permit will be issued to any person for work requiring a license until such license is issued. A new license application must be made by the contractor before the license expiration date when work to be performed shall extend past the license expiration and into the next license calendar year. If a contracting license expires or is revoked during the course of work occurring under a permit or if a permit was inadvertently issued before the required license was obtained, the City may suspend or void the permit until a license is issued or reinstated. B. Installation by Contractor. It shall be unlawful for any person to knowingly hire or otherwise engage any person who is not licensed under this Article to perform work within the City that requires a license under this Article. Ordinance No. 2181-00 -11- C. License Term. Except as otherwise provided herein, all contractor licenses are issued for the calendar year and are effective from the date of issuance through December 30 of the IIIyear in which issued. For license applications received within the last thirty days of a calendar year, the license issued will be effective from the date of issuance until December 31st of the following year D. Application. Contractors must submit an application and fee for the annual license each year that work is occurring within the City as required by this Article. The license application may be submitted at any time within the year but before a permit is issued or work occurs. E. Fees. License applications received within the last thirty days of the license term will be issued a license for the following year in the amount of the fee set for the following calendar year. F. Examination Fees. Applicants requesting a license which requires a competency examination must pay the examination fee specified in the fee appendix before the examination is administered. This fee is non-refundable. G Insurance Required. 1. Except as otherwise required in the City Code, applicants and licensees shall maintain comprehensive general liability insurance provided by an insurance carrier authorized to do business in Minnesota, of at least $500,000 per occurrence, and $500,000 general aggregate. Insurance shall remain effective for the term of the license. 2. The applicant shall deliver to the City a certificate of insurance, which provides that the insurance may not be canceled by the insurer except upon 30 days' prior wntten notice to the City. If such insurance is terminated or not renewed with another policy conforming to these requirements, the license shall be automatically suspended until the insurance has been replaced and a new certificate of insurance is filed with the City. 3. The licensee is responsible to provide the City with a current certificate of insurance if the policy is renewed dunng the term of a license. Section 16-202: Housing Compliance Inspector. A. License Required. No person, other than a City employee, shall conduct housing inspections of one and two faimly residential homes, as required by the City Code for a Certificate of Housing Maintenance Compliance without first obtaining a license from the City. Licenses shall be issued only to the individual actually performing the work. B. Hold Harmless and Indemnity Agreement. The applicant must enter into a Hold Harmless and Indemnity Agreement with the City of St. Louis Park, in a form acceptable to the City, in which the applicant agrees to hold harmless and indemnify the City of St. Louis Park from any claims, losses, judgments, damages, or costs incurred, including attorney's fees, resulting from the issuance of the license and from the applicant's activities as a housing compliance inspector for the City. Ordinance No. 2181-00 -12- C. Competency Examination. A license will only be issued when the applicant proves competency by achieving a passing score on a competency examination offered by the City to potential Housing Compliance Inspectors on a semi-annual basis If the applicant fails to pass the test, they must wait until the next regularly scheduled test given by the City. The City shall waive the examination requirement, provided the contractor holds a valid license from the previous year and is in compliance with the continuing education requirements of this Section. D. Continuing Education. Each year the licensee must provide proof of attendance at a minimum of three (3) hours of continuing education and a passing score from the annual training/test house approved by the City before a new or renewal license will be issued for the following year. E. Insurance. Housing Compliance Inspectors are exempt from the insurance requirement provided under Section 16-201(G)(1). Each applicant shall provide a certificate of errors and omissions insurance or Housing Inspectors Professional Liability Insurance with a company authonzed to do business in the State of Minnesota in an amount of not less than $250,000 per claim. The City of St. Louis Park shall be named as an additional insured. The insurance must be maintained by the applicant for a minimum of three years after expiration of the license for any reason including revocation or denial. F. License revocation. A license may be revoked or denied by the City based on any or all of the following performance cntena: 1. Complaints from homeowners regarding housing inspections and/or failure of the Housing Compliance Inspector to respond to homeowner's questions. 2. Failure to submit housing compliance inspection report and work orders to the department of inspections within three (3) working days from the date of the inspection. 3. Failure to wnte adequate work orders. 4. Failure to identify code violations on checklist and/or work orders. 5. Failure to accurately apply the requirements of the City Code related to the housing compliance inspection program. 6. Failure to maintain a level of professionalism which reflects the City's high standards. 7. Failure to comply with or violation of the terms of this Chapter. G. Private Inspector -Transmittal of Paper Work to City. Pnvate Housing Inspectors shall transmit a copy of the Housing Condition Report and Work Order to the Dept. of Inspections within three business days from the date of inspection, excluding Saturdays, Sundays and legal holidays. It shall be the responsibility of the Private Inspector to guarantee receipt of such reports by the City. Section 16-203: Mechanical Contractor A. License Required. Any person or business engaging in the business of installing, repainng, or altenng any mechanical equipment or mechanical systems requinng a permit under the State Mechanical Code, Minn. Stat. §§ 16B.59-.75, must be licensed as a mechanical contractor by the City. In the case of a business, only the business must be licensed and not each individual employee performing the work requinng a license. B. Exemptions. The following persons are exempted from the licensing requirements: Ordinance No. 2181-00 -13- 1. The owner -occupant of any one or two family dwelling who is working on his/her own dwelling. 2. Persons installing or working on process piping regulated under the State Mechanical Code. C. Endorsements. Mechanical licenses must carry an endorsement permitting the type of work the license holder may perform. A license may have more than one endorsement providing proof of competency is established for each endorsement. An applicant must obtain at least one of the following endorsements in order for a mechanical contractor's license to be issued by the City: 1. Conditioned air systems (includes refngeration equipment up to and including 5 - ton capacity, gas burners up 400,000 B.T.U. input and reconnection of gas piping due to replacement of such equipment) 2 Steam and hot water systems (includes gas burners up to 400,000 B.T.U. input and reconnection of gas piping due to replacement of such equipment) 3. Refrigeration systems and equipment 4. Gas piping and fuel burning equipment. D. Competency. A mechanical license will only be issued when the applicant provides proof of a City issued Certificate of Competency or employment of a person with a City issued Certificate of Occupancy for the endorsement in which they will be performing the work. The license holder must maintain competency or employ a competent person for the term of the license or the license endorsement will become void. If competency is lost through the competent person's termination of employment, the license holder must provide proof of competency or employment of a new competent person within 90 days after termination of employment of the competent person or the license endorsement will become void. E. Certificates of Competency. 1 Any person may obtain a Certificate of Competency for each or all of the Mechanical License endorsements upon completion and passing of a competency examination provided by the City for each of the endorsements and following payment of the examination fee set by resolution of the City Council. The examinations will demonstrate the knowledge of codes and basic methods necessary for doing the work. An initial competency exam may be waived by the City for individuals that provide evidence of passing a competency testing program conducted by another government entity, where the testing program is determined to be substantially similar to the City's testing program. 2. The holder of a Certificate of Competency must renew competency every 3 years by providing to the City proof of continuing education in mechanical codes with the renewal application and renewal application fee. To renew a Certificate of Competency the person holding competency must either complete a minimum of 6 -hours of approved education or retake the competency test for each of the endorsements applied for. Education must pertain to the competency being renewed and may occur at any time during the competency term. Education content must cover one or more of the following topics: general principles of mechanical systems, equipment testing and analysis, mechanical codes and standards. The education requirement will be fulfilled by attending classes or seminars provided by any of the following organizations: trade organizations, Ordinance No 2181-00 -14- public or pnvate institutes of education, manufacturers, trade associations, independent testing and evaluation laboratones, and government agencies. For individuals holding a Certificate of Competency with multiple competencies, the individual is not required to meet the minimum education requirement for each competency, a total of 6 -hours of education relating to any and all competencies is sufficient and payment of only one renewal fee for all competencies is required. 3. Certificate of Competency is valid for 3 calendar years following the year in which it was issued. Certificates of Competency shall expire on December 31st of the third year of its issuance. If the holder of a Certificate of completes the requirements for any additional competencies the City will add the competency to the certificate with no additional fee. The addition of competencies within the term of a certificate will not change the expiration date of the onginal certificate F. Gas Piping and Fuel Burning Equipment Any individual installing, repairing, or altenng gas piping or fuel burning equipment for which a Mechanical license with a gas piping and fuel burning equipment endorsement is required, must have a valid City Certificate of Competency for gas piping and fuel burning equipment issued to them. The individual must carry the certificate when performing any work and must present the certificate upon request to any representative of the City. This requirement is in addition to any or all other licensing requirements and does not eliminate the need for a Mechanical License. Section 16-204. Solid Waste Collectors. A. License Required. Any person engaging in the business of solid waste collection within the City must first obtain a solid waste collector license from the City. B. Vehicle Identification. The applicant must provide proof of insurance, worker's compensation and a current list of all vehicles which will operate within the City, including company vehicle identification numbers and license plate numbers for each vehicle. Throughout the license term, the licensee must notify the City of any additional vehicles which will be operating within the City under the solid waste collector's license issued. C. Vehicle Inspection. Each vehicle identified by the applicant that performs collection of solid waste must be issued a solid waste collector vehicle decal by the City for each calendar year that the license is in effect. A decal fee for each vehicle identified on the applicant's list must be paid each calendar year before the license will be issued. No vehicle shall be used for collection of solid waste without a valid license decal. An applicant or licensee must permit, upon request by the City, City inspection of vehicles identified under the application or license for compliance with the requirements under this Section. Vehicles must comply with minimum health and safety standards throughout the license term. D. Additional Insurance Required. The Contractor shall provide proof of automobile insurance through the term of the license, including coverage for all owned and hired vehicles used for solid waste collection within the City. Limits of liability should not be less than $500,000 combined single limit for bodily injury and property damage liability. The policy or policies shall provide full insurance to cover all of the Contractor's • • Ordinance No. 2181-00 -15- operating exposure including but not limited to the picking up of the materials and the operation of vehicles. E. Regulations Adopted. The following regulations shall apply to all solid waste collectors under the provisions of this ordinance. 1. Vehicles. a. Vehicles used by solid waste collectors to transport solid waste over the streets and alleys of the City shall have a fully enclosed metal body which is tightly sealed and properly maintained, and operated to prevent offensive odors escaping therefrom, and solids or liquids from leaking, spilling, dropping, or blowing from the vehicle. b. Vehicles must be kept in good repair and in clean and sanitary condition and are subject to periodic inspection by the City. Vehicles shall be equipped with brooms and shovels for use in sweeping up all solid waste spilled dunng collection or hauling thereof. c. Vehicles must carry the name and telephone number of the licensed solid waste collector on the exterior of the vehicle. d Vehicles must contain a tarp for use with a roll off dumpster. 2. Scattering of Solid Waste. No person shall and no licensed collector shall permit or allow any of his employees to cast, spill, place, sweep, or deposit anywhere within the City any solid waste in such a manner that it may be carried or deposited by the elements upon any street, sidewalk, alley, sewer, parkway or other public place, or into any other premises within the City F. Additional Requirements. Solid waste collectors must comply with the requirements provided under Chapter 3, Section 9 of the St. Louis Park City Code. Section 16-205: Tree Maintenance and Removal Contractor. A. License Required. Any person or company engaging in a business that maintains, removes or treats trees within the City must obtain a license from the City. B. Application. The applicant must submit a completed application, provide proof of insurance and worker's compensation, and a list of all vehicles which will be operating within the City, including license plate numbers and in-house vehicle identification numbers. Throughout the license term, the licensee must notify the City of any additional vehicles, which will be operating within the City under the Tree Maintenance and Removal Contractor license issued. C. Vehicle Decal. Each vehicle must have a valid City -issued decal identifying the licensed contractor affixed in a visible location. D. Additional Insurance Required. The Contractor shall provide proof of automobile 0 insurance through the term of the license, including coverage for all owned and hired vehicles used for solid waste collection within the City. Limits of liability should be for not less than $500,000 combined single limit for bodily injury and property damage liability. The policy or policies shall provide full insurance to cover all of the Contractor's operating exposure including but not limited to the picking up of the materials and the operation of vehicles. Ordinance No. 2181-00 -16- E. Chemical Treatment. If the applicant also provides chemical treatment services for trees, a copy of their Minnesota Department of Agnculture Commercial Pesticide Applicator license must accompany their application for a Tree Maintenance and Removal Contractor License. ARTICLE III. BUSINESS LICENSES Section 16-301: Business Licenses General Provisions. The general provisions provided under this Section shall apply to all business licenses required under this Article, except as otherwise provided under the specific business licensing provision. A. License Required. No person may operate a business for which a license is required under this Article pnor to issuance of the applicable business license. B. Payment of Taxes on Licensed Premises. 1. Any and all real estate taxes or special assessments levied against the property for which a license application is made must be current before a license is issued or renewed. 2. Upon receipt of evidence that such taxes or special assessments levied against any such premises have become delinquent during the term of a license, the City Manager shall notify the licensee of the delinquency and that all licenses issued for the premises shall be suspended thirty days after date of the notice unless such taxes and special assessments are paid and the County Treasurer's receipt for the same delivered to the City Manager. The license will remain suspended and all licensed activity must cease until such time that the taxes and special assessments are paid in full. C. Posting of license. 1. The license shall be posted within the licensed establishment in a visible and conspicuous location and shall be made accessible to the public and City officials for inspection during reasonable and normal business hours. For licensees with multiple establishments operating under a common license, the posting location shall be at the establishment generating the primary amount of use. 2. If a machine, vehicle or other device is required to be licensed in connection with the issuance of a business license, the City may provide a sticker for the current license year, which shall be affixed in a clearly visible location as specified by the City for each machine, vehicle or device requiring such license. D. Suspension and Revocation. Any license may be suspended, revoked or denied renewal if any of the requirements of this Chapter or any provision of the St. Louis Park City Code is violated. Without a valid license, no business may continue to operate in the activity for which a license is required. E. Application and Renewal. 1. Initial application for a business license must be made a minimum of 30 days prior to commencement of the licensed activity. Ordinance No. 2181-00 -17- 2. All business licenses must be current and renewed pnor to the expiration date. Applications for renewals must include a completed renewal application, payment III of annual fees, and must provide any other additional information as may be required by this Chapter. 3. Any renewal license application submitted or postmarked after December 31 or the stated expiration date shall be assessed a late fee in the amount set by City Council resolution. • F. Transferability. 1. Licenses shall be issued for a specific use at a specific location. Any change in the use or location of a licensed activity or business shall require a new application to be submitted and payment of applicable fees prior to beginning the licensed activity. business 2. A license may be transft an fer to a new owner sto the new owner of the lsubmitt d to the City provided h an application for a license the transfer fee in the amount set by City Council resolution prior to the change in ownership. An applicant for a license transfer must have submitted all additional information required for the license transfer and must have completed any investigations and inspections required prior to transfer of the license, except where the license transfer is otherwise prohibited or restricted within this Code. Section 16-302: Commercial Entertainment Establishments. A. License Required. Any person operating a commercial entertainment establishment shall first obtain a license from the City. B. Roller Skating Rink Regulations Adopted: 1. Illumination. Every roller skating nnk shall be illuminated during the hours authorized for use by the public. No person shall permit the use of a roller skating rink by the public without proper illumination of the roller skating rink. 2. Age Requirements. No operator of a roller skating rink shall permit any person under the age of 16 years, unless such person is accompanied by a parent, guardian or other adult person having authorized care and custody of such minor person, to be in or about the licensed premises at any time between the hours of 10 p.m. and 5 a.m. of the following day. 3. Hours of Operation: Except as otherwise provided herein, any room or premises used for a roller skating rink shall be closed and kept closed to the public, and no person shall be permitted to roller skate therein between the days and hours set forth below and 7 a.m. of the following day. Closing hours shall be as follows: Sunday — Tuesday: 10 p.m. Wednesday: 10 p.m. and midnight preceding a public holiday or school vacation day dunng the regular school year. Thursday — Saturday 11 p.m. Ordinance No 2181-00 -18- A roller skating rink located in any building so constructed and maintained that sounds from activities within the building are not audible in any adjacent residential areas may be kept open at all times, except between 1 a.m. and 6 a.m., by permit issued by the City. 4. Additional Requirements. Any room or premises used for a roller skating rink shall provide adequate secunty and protection for the public welfare by providing: a. Adequate lighting in and around the parking lot to promote public safety and to discourage loitering and other such activities as may disturb surrounding property. b. Adequate secunty to patrol the parking lot during hours of operation and for a reasonable penod of time after closing. c. Signs in the parking lot warning that the parking lot is for the exclusive use of patrons of the roller skating rink and that vehicles not driven by patrons of the rink will be towed. d. A broadcasted message to all persons inside the roller skating rink, before the close of each session, asking them to exit the premises in a quiet and orderly fashion, to vacate the parking lot quickly and safely and to avoid any activity which might disturb the neighbors. C. Amusement Arcades Regulations Adopted. 1. Licensed Premises. The licensed premises shall mean the room or rooms in which the Amusement Devices are located and when such premises are part of a building or structure in which other businesses are conducted, the licensed premises shall not be connected by more than one interior doorway or passageway to other parts of such building or structure. Such doorway or passageway shall be provided with a metal gate or grating which can be locked to secure the licensed premises dunng such time that use is not permitted. 2. Nuisance. No Amusement Arcade shall be operated so as to constitute a public nuisance. 3. Order. It shall be the responsibility of the licensee to maintain order on the licensed premises at all times. 4. Trash, Refuse Disposed. It shall be the responsibility of the licensee to insure the proper and swift disposal of trash or refuse which may accumulate on the site. 5. Fire Hazards. It shall be the responsibility of the licensee to see that the licensed premises does not become overcrowded so as to constitute a hazard to the health or safety of persons therein. The Fire Marshal shall designate and post the maximum number of persons to be permitted on the licensed premises. 6. Supervision. The licensee shall provide a full-time attendant of 21 years of age or over upon the licensed premises dunng business hours. The licensed premises shall be locked whenever such attendant is not present thereon. • • • • Ordinance No. 2181-00 -19- 7. Alcohol, Drugs and Illegal Activity. It is unlawful for any person operating an Amusement Arcade to sell, offer for sale, or knowingly permit to be sold or offered for sale, or to be dispensed or consumed or knowingly brought in the Amusement Arcade any alcoholic beverages or narcotic drugs, or to knowingly permit any illegal activity upon the licensed premises. Section 16-303 Environmental Emissions. A. License Required. No person shall own, operate or maintain any of the following equipment or perform any of the following processes, which discharges a smoke, particulate, chemical or odor into the atmosphere, without first obtaining an environmental emissions license from the City: paint spray booths; dry-cleaning; smelters; dip tanks; or material processing and manufacturing operations B. Regulations Adopted. All environmental emissions licensees shall comply with environmental emissions standards under Section 11-1200 of the City Code. C. Inspections. The City shall inspect potential air pollution control equipment as frequently as may be necessary to ensure compliance with this Section, whether the same be licensed or not. D. Access to Premises and Records. The person on the premises in charge of operating air pollution control equipment or allowing or causing the emission of air contaminants shall, upon request of the City's Health Authority, permit access to all parts of the area at any reasonable time for purpose of inspection and shall exhibit and allow copying of any records relating to air pollution control and necessary to determine compliance with this Section. If access to such areas or records shall be denied, such Health Authority shall obtain a search warrant before continuing such inspection. E. Removal and Correction of Violations. 1. All licensees receiving a report from the City notifying the licensee of one or more violations of this Section shall correct or remove each such violation within the length of time set by the City's Health Authority. The length of time for the correction or removal of each such violation shall be stated on the inspection report. The failure to remove or correct each such violation within the time period noted on the inspection report shall constitute a separate violation of this Section. 2. Auxiliary Combustion After -Burner. The City's Health Authority may require installation of auxiliary combustion facilities in order to meet requirements of this Section relating to emission of air contaminants. 3. Sealing of Equipment. In the event the licensee fails to make corrections of violations noted in the Health Authority inspection report within the time specified in the inspection report, the City's Health Authority may prevent further operation of any equipment required to be licensed under this Section by affixing a seal to such equipment. No person shall operate equipment sealed by the City's Health Authonty and no person shall remove such seal from any equipment, except under direction of the City's Health Authority. Ordinance No. 2181-00 -20- F Temporary Suspension of License. The City's Health Authonty, with the approval of the City Manager, may immediately suspend the license of any person for the violation of any terms of this Section involving an immediate and senous public health hazard. Upon notification by the Health Authonty of a temporary suspension of license, by posting of the inspection report at the licensed facility, the licensee shall immediately cease operation. The licensee may appeal from the order of temporary suspension, in writing, to the City Council as provided under this Chapter. On the date of suspension, the City's Health Authonty shall send by certified mail to the licensee named in the license a notice that such license has been temporanly suspended and the nght to appeal. G. Interference with or Hindrance of City's Health Authority. No person shall interfere with or hinder the City's Health Authonty in the performance of duties under this Section or the laws of the State of Minnesota, nor prevent the performance thereof. Section 16-304: Food and Beverage Establishments. A. License Required: 1. It is unlawful for any person to operate a food or beverage establishment without obtaining a license from the City. 2. One license may be issued to a single applicant for multiple food establishments within a single building or establishment when the owner of all food establishments is the same. B Classification of Food and Beverage Establishments. The City will classify each food and beverage establishment based on the use occumng, in accordance with the food code, into one of the following categories before a license is issued: Class H Plus - Multiple use license permitting 3 or more uses of any nsk class to operate. Class H — High nsk use license permitting: up to 2 high risk uses or a single high nsk use with a single low or medium risk use. Class M — Medium risk use license permitting a single medium risk use. Class L — Low nsk use license permitting a single low risk use. C. Regulations and Standards. All food and beverage establishments licensed under this Section shall comply with the City's Food Code under Section 11-1201 of the City Code. Section 16-305: Public Sanitary Facilities A. License Required: 1. No person shall own, operate, maintain, lease or be responsible for any public sanitary facility without a license issued by the City. No license is required for pnvate residential swimming pools. Ordinance No. 2181-00 -21- 2. One license may be issued to a single applicant for multiple public sanitary facilities, regulated under this Section and Section 16-306, located within a single building or single tract of land when the owner of all of the facilities is the same. B Classification of Public Sanitary Facilities. The City will classify each public sanitary facility based on one of the following categories: Class I - A pool plus two (2) or more additional public sanitary facilities Class II - A pool and up to one (1) additional public sanitary facility Class III - Any one of the following or similar public sanitary facilities: Sauna (dry or steam) Tanning Beds Public Bathing & Showers C. Public Swimming Pool Regulations Adopted. All public swimming pools licensed under this Section shall comply with the public swimming pool rules adopted under Section 11- 1202 of the City Code. D. Tanning facilities regulations adopted. Licensees operating tanning facilities must comply with health, safety, and building regulations of the City and the requirements set forth in Minn. Stat. § 325H.01 -.09. Section 16-307: Massage Therapy Establishments. A. License required. No person shall engage in the business of operating a massage therapy establishment either exclusively or in connection with any other business enterpnse without first obtaining a license from the City. B. Regulations adopted. 1. Each licensed massage therapy establishment shall be constructed and maintained in compliance with the health, safety, and building regulations of the City of St. Louis Park, and all state laws, rules and regulations. 2. No customer or patron of a massage therapy establishment shall be allowed to enter the licensed premises after 8:30 p.m. and before 8:00 a.m. daily. No customer or patron shall be allowed to remain upon the licensed premises after 9:15 p.m. and before 8:00 a.m. daily. The foregoing restrictions on hours shall not apply where the massage therapy is provided within a health/sports establishment; in such case, the hours for massage therapy must coincide with the health/sports establishment's hours of operation. 3. During any hours in which any person is present on the licensed prmieses, massage therapy establishments shall be open to inspection by City inspectors and police officers. Upon demand by any police officer, all persons engaged in providing services in any licensed premises shall identify themselves giving their true legal names and correct addresses. Ordinance No. 2181-00 -22- Section 16-308 Lodging. A. License Required. Any person operating a hotel, lodging house or boarding house within the City of St. Louis Park must obtain a license from the City. B. Regulations adopted. All lodging hotels, lodging houses and boarding houses licensed under this Section shall comply with the lodging establishment rules adopted under Section 11-1203 of the City Code. Section 16-309: Multiple Family Rental Housing A. License required. All residential buildings designed or operated primarily as rental housing with three (3) or more dwelling units must obtain a multiple family rental - housing license. The license shall contain a statement that tenants of the dwelling units may contact the attorney general for information regarding the nghts and obligations of owners and tenants under state law. The statement shall include the telephone number and address of the attorney general. B. Maintenance requirements. The building owner must maintain all units, common space, and extenors in compliance with City and State Codes. The owner shall perform a penodic assessment of all portions of the building and correct any inadequacies to insure the building is maintained in good repair. C. City inspections. 1. The owner shall permit access to the City to perform a minimum of one inspection within every 2 -year period of the common space and every dwelling unit. The City may perform or require additional inspections if deemed necessary by the City or by the request of a tenant. The owner shall notify the occupants of the building of the time when the inspection will be conducted and request their cooperation in the inspection. 2. The license may be suspended, revoked or renewal denied for failure to maintain the building in compliance with the property maintenance code. Section 16-310: Sexually Onented Businesses A. Purpose and Intent. 1. The purpose of this Section is to regulate sexually -oriented businesses to promote the health, safety, morals and general welfare of the citizens of the City, to prevent criminal activity and to guard against the inception and transmission of disease and to establish reasonable and uniform regulations. The provisions of this Section have neither the purpose nor effect of imposing a limitation or restnction on the content of any communicative materials, including sexually onented matenals. Similarly, it is not the intent nor effect of the Section to restrict or deny access by adults to sexually -oriented matenals protected by the First Amendment of the United States Constitution, or to deny access by the distnbutors and exhibitors of sexually -oriented entertainment to their intended market. Ordinance No. 2181-00 -23- 2. The City Council further finds that expenence from other cities demonstrates that sexually-onented businesses conducted in pnvate by members of the same or the opposite sex and employing personnel with no specialized training, are susceptible to operation in a manner contravening, subverting or endangenng the health, safety and welfare of members of the community by being the sites of acts of prostitution, illicit sex and occasions of violent crimes, thus requiring close inspection, licensing and regulation. B Prohibition. No person shall operate a sexually-onented business except in conformity with the provisions of this Section. C. Exceptions. The following are not subject to this Section: 1. Any material with significant literary content or social commentary. 2. A business where sexually-onented matenals are sold, bartered, distributed, leased, furnished or otherwise provided for off-site use or entertainment, if (i) the material harmful to minors on each item is blocked from view by an opaque cover as required under Minn. Stat. Sec. 617.293, and (ii) each item is behind the counter and accessible only by an employee of the business. 3. Any person or organization exempted under Minn. Stat. Sec. 617.295. 4. Any activity regulated under Minn. Stat. Sec. 617.251. 5. Displaying works of art showing specified anatomical areas so long as no sexually -oriented matenals are for sale, and the business does not have a liquor license. 6. Movies rated G, PG, PG13 or R. D. Application for License. 1. Every person desiring a license to operate a sexually-onented business shall file with the City an application in a form provided by the City. The application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with market dimensions of the interior of the premises to an accuracy of plus or minus six inches. In the case of a high impact sexually- onented business, the application must include a drawing showing the parcel upon which the business is to be located and the location of all residential zoning districts; other sensitive land uses including day care centers, parks, schools, libraries, and religious institutions; other sexually -oriented businesses; and establishments which hold a liquor license within 350 feet. 2. The applicant for a high impact sexually-onented business license must be qualified according to the provisions of this Section and the premises must be inspected and found to be in compliance with the law by the Fire Department and Building Official. 3. No person shall make a false statement or material omission in a license application. Every person shall cooperate in a license investigation. Any false statement or material omission shall be grounds for denial, suspension, or revocation of a license. Ordinance No 2181-00 -24- 4. If a person who wishes to operate a high impact sexually -oriented business is an individual, the individual must sign the application for a license as applicant. If a person who wishes to operate a high impact sexually-onented business is other than an individual, each individual who has a 10 percent or greater interest in the business must sign the application for a license as applicant. Each applicant for a high impact sexually-onented business license must be qualified under this Section and each applicant shall be considered a licensee if a license if granted. 5. Throughout the period of the license, the licensee shall have the continuing duty to properly notify the City Clerk of any change in the information or facts required to be furnished on the application for a license. Failure to comply with this Section shall constitute cause for revocation or suspension of the license. 6. There shall be no refund of the application or investigation fee for a high impact sexually-onented business license once the investigation has begun. E. Renewal Applications. 1. The application for the renewal of any existing high impact license shall be made at least 90 days prior to the date of the expiration of the license and shall be made in the form that the City Council shall require. 2. If the City Manager believes that the public interest so warrants, a background and financial investigation may be required for a renewal of a high impact sexually-onented business license. A background and financial investigation fee must be submitted pnor to issuance of the renewal license. F. Issuance of License. The City Manager shall approve the issuance of a license by the City Clerk to an applicant within 60 days after receipt of an application unless the City Manager finds one or more of the following to be true: 1. For either a high impact sexually -oriented business or a limited impact sexually- onented business: a. The applicant is under 18 years of age at the time the application is filed; b. An applicant is delinquent in the applicant's payment to the City of taxes, fees, fines or penalties assessed against the applicant or imposed upon the applicant in relation to a sexually-onented business; c. An applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a questions or request for information on the application form; d. The application fee and/or license fee required by this Section have not been paid; e. An applicant or the proposed establishment is in violation of or is not in compliance with this Ordinance or the City's Zoning Ordinance. 2. For a high impact sexually -oriented business: • • • Ordinance No. 2181-00 -25- a. An applicant has been convicted of any crime directly related to the licensed occupation and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of the owner, operator, or manager of a sexually -oriented business under Minnesota Statues, Section 364.03, Subdivision 3, or a person not of good moral character and repute; b. An applicant is residing with a person who has been denied a license by the City to operate a sexually-onented business within the preceding 12 months or residing with a person whose license to operate a sexually- onented business has been revoked within the preceding 12 months; c. The premises to be used for the sexually-onented business have not been approved by the Fire Department and the Building Official as being in compliance with applicable laws and ordinances; d. An applicant has been employed in a sexually-onented business in a managenal capacity within the preceding 12 months and has demonstrated that the applicant is unable to operate or manage a sexually-onented business premises in a peaceful and law-abiding manner, thus necessitating action by law enforcement officers; e. An applicant or an applicant's spouse has been convicted of a cnme: 1) Involving any of the following offenses described in Minnesota Statues Chapters 609 or 617: a) prostitution as described in Minn. Stat. 609.321; b) solicitation, inducement or promotion of prostitution as descnbed in Minn. Stat. 609-322; c) receiving profit derived from prostitution as descnbed in Minn. Stat. 609.323; d) other prohibited acts relating to prostitution as descnbed in Minn. Stat. 609.324; e) obscenity as described in Minn. Stat. 617.241; f) sale, dissemination, distribution, display or exhibition of harmful matenal to minors as described in Minn. Stat. 617.293 and 617.294; g) sexual performance by a child as described in Minn. Stat. 617.246; h) dissemination or possession or child pornography as descnbed in Minn. Stat. 617.247; i) indecent exposure as described in Minn. Stat. 617.23; j) criminal sexual conduct as described in Minn. Stat. 609.342, 609.343, 609.344 and 609.345; k) incest, as descnbed in Minn. Stat. 609.365; or 1) cnminal attempt, conspiracy, or solicitation to commit any or the foregoing offenses; 2) for which: a) less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense; Ordinance No 2181-00 -26- b) less than five years elapsed since the date of conviction of the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense, or c) less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24 -month period. 3) The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or applicant's spouse; f. In the judgement of the City is not the real party in interest or the beneficial owner of the business operated under the license; g. Has had a license for a sexually-onented business or similar business revoked anywhere within five years of the license application. G. Appeal. 1. Procedure. If the City Manager denies the issuance of a license, or suspends, or revokes a license, the City Manager shall send to the applicant, or licensee, by certified mail, return receipt requested, wntten notice of the action, and the right to an appeal. The aggrieved party may appeal the decision of the City Manager to the City Council within 10 days of receiving notice of the City's action. The City Council may appoint a committee of the Council or an independent hearing officer to hear the matter, report findings of fact and recommendation for disposition to the Council. Heanngs on the appeal shall be open to the public and the licensee or applicant shall have the nght to appear and be represented by legal counsel and to offer evidence in its behalf. At the conclusion of the hearing and within 30 days of the appeal of the decision by the applicant or licensee, the City Council shall make a final decision. 2. Additional Requirements. The City Council may condition, denial, suspension, revocation, or non -renewal of a license upon appropnate terms and conditions. 3. Stay of Decision. The filing of an appeal stays the action of the City Manager in denying, suspending or revoking a license until the City Council makes a final decision. If an applicant or licensee files an appeal to a federal or state court within 30 days of the City Council's decision denying, suspending or revoking a license under this Section, the City Council's decision shall be stayed until a final court decision is rendered in the matter. H. High Impact Sexually-Onented Business Licenses. 1. License Required. No person shall operate a high impact sexually-onented business which offers sexually -oriented materials or entertainment for on-site consumption within the City of St. Louis Park unless the person is currently licensed under this subsection of the City Code. 2. Regulations Adopted. Ordinance No. 2181-00 -27- a Every license is subject to the conditions in this Section, all other provisions of this ordinance, and of any other applicable regulations, ordinance or State law. b. Every licensee is responsible for the conduct of his or her place of business and conditions of order in it. c. The act of any employee of the licensee is deemed the act of the licensee as well, and the licensee shall be liable for all penalties provided by this Ordinance equally with the employee, except cnnunal penalties. d. Both the owner and manager of a sexually -oriented business shall be responsible for the conduct of their employees and for compliance with this Section. e. No owner or manager of a sexually-onented business shall employ a person under the age of 18. f. No owner, manager, or employee shall allow any sexually -oriented matenals or entertainment to be visible or perceivable in any manner, including aurally, at any time from outside of the business. g. No owner, manager, or employee of a high impact sexually -oriented business shall have been convicted of a sex crime, as identified in Minn. Stat. Sec. 609.293 through 609.352, 609.746 through 609.749, 609.79, 518B.01, or related statute dealing with sexual assault, sexual conduct harassment, obscenity, or domestic abuse. h. The business owner, manager, or employee shall assure that no person under the age of 18 enters the business. 1. No owner, manager, or employee shall allow any person under the age of 18 to have access to sexually -oriented materials, whether by sight, purchase, touch, or any other means. J. No owner, manager, or employee may sell or display for sale any sexually -oriented matenals except in onginal unopened packages. k. Each business shall display a sign on its main entrance door which reads: "this business sells sexually -oriented matenal or entertainment. Persons under the age of 18 are prohibited from entering." The sign letters hall be a minimum of 2 inches high. 1. No business may have a 3.2 percent malt liquor license or intoxicating liquor license issued by the City and no alcoholic beverages may be consumed in the business. m. No business shall exceed 10,000 square feet in gross floor area. n. No patron, employee, or other person may physically contact any specified anatomical area of himself or herself, or of any other person, except that a live performer may touch himself or herself. o. Each live performer shall remain at all times a minimum distance of ten feet from all members of the audience, and shall perform on a platform intended for that purpose, which shall be raised at least two feet from the level of the floor on which the audience is located. No perfommer may solicit or accept any pay, tip, or other time from any member of the audience. p. No business shall have any booths, stalls, or partitions whether constructed with walls or the arrangement of objects which separate any area from a general public room. The restnctions of this paragraph do not apply to restrooms, storage rooms, or private offices of the owner, manager or employees of the business, if such storage rooms or offices are used solely for running the business and no person other than the owner, manager, and employees is allowed in the storage rooms or offices. Ordinance No. 2181-00 -28- I. Limited Impact Sexually-Onented Business Licenses. 1. License Required. No person shall operate a limited impact sexually -oriented business within the City of St. Louis Park unless the person is currently licensed under this subsection of the City Code. 2. Regulations Adopted a No owner, manager, or employee shall allow any sexually -oriented materials or entertainment to be visible or perceivable in any manner, including aurally, at any time from outside of the business. b. The business owner, manager, or employee shall assure that no person under the age of 18 enters the separate area where sexually oriented matenals are provided. c. No owner, manager or employee shall allow any person under the age of 18 to have access to any sexually-onented materials, whether by sight, purchase, touch, or any other means. d. No owner, manager, or employee may sell or display for sale any sexually-onented materials except in onginal unopened packages. e. No business may have a 3.2 percent malt liquor license or intoxicating liquor license issued by the City, other than an off -sale 3.2 percent malt liquor license. f. Both the owner of a sexually -oriented business and the manager of the business shall be responsible for the conduct of their employees and for compliance with this Section. g. No owner or manager of a sexually -oriented business shall employ a person under the age of 18. h. No owner, manager, or employee of a sexually -oriented business shall have been convicted of violating this Section three or more times within 24 months. Section 16-311: Tobacco Products and Tobacco Related Devices. A. Purpose. Because the City finds that smoking causes premature death, disability, and chronic diseases, including cancer, heart disease and lung disease; smoking related diseases result in excess medical care cost; and smoking initiation occurs primarily in adolescence, the City desires to prevent young people from starting to smoke, to encourage and assist smokers to quit, and to promote clean indoor air. B. License required. 1. No person shall sell or offer to sell any tobacco, tobacco product, or tobacco related device without first having obtained a license from the City. 2. No license shall be issued for sale of tobacco, tobacco products or tobacco related devices at any place other than the applicant's place of business. No license shall be issued for a moveable place of business; nor shall any single license be issued for the sale of tobacco, tobacco products or tobacco related devices at more than one place of business. Ordinance No. 2181-00 -29- C. Denial of License The following will be grounds for denying the issuance or renewal of a license, and if a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this Section: 1. The applicant is under the age of eighteen (18) years. 2. The applicant has been convicted of any violation of a federal, state, or local law, ordinance provision, or other regulation relating to tobacco or tobacco products, or tobacco related devices. 3. The applicant has had a license to sell tobacco, tobacco products or tobacco related devices revoked. 4. The applicant fails to provide any information required on the application, or provides false or misleading information. 5. The applicant is prohibited by federal, state, or other local law, ordinance, or other regulation, from holding such a license. D. Prohibited Sales. It shall be a violation of this ordinance for any person to sell or offer to sell any tobacco, tobacco product, or tobacco related device: 1. To any person under the age of eighteen (18) years. 2. By means of any type of vending machine. 3. By means of self-service merchandising whereby the customer does not need to make a verbal or written request to an employee of the licensed premise in order to receive the tobacco, tobacco related product, or tobacco related device. All tobacco related products shall be stored behind a counter or other area not freely accessible to customers. 4. Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine, manjuana, or other type of deleterious, hallucinogenic, or toxic or controlled substance except nicotine and not naturally found in tobacco or tobacco products. 5. By any other means, or to any other person, prohibited by federal, state, or other local law, ordinance provision, or other regulation. E. Responsibility. All licenses under this ordinance shall be responsible for the actions of their employees in regard to the sale of tobacco, tobacco products or tobacco related devices on the licensed premise, and the sale of such an item by an employee shall be considered a sale by the licensed owner. F. Compliance Checks and Inspections. All licensed premises shall be open to inspection by the City during regular business hours. From time to time the City may conduct compliance checks by engaging minors to enter the licensed premise to attempt to purchase tobacco, tobacco products, or tobacco related devices. G. Other Illegal Acts. Unless otherwise provided, the following acts shall be a violation of this ordinance: Ordinance No 2181-00 -30- 1 Illegal Possession It shall be a violation of this ordinance for any minor to have in his or her possession any tobacco, tobacco product, or tobacco related device. This subdivision shall not apply to minors lawfully involved in a compliance check on behalf of the City. 2. Illegal Use. It shall be a violation of this ordinance for any minor to smoke, chew, sniff, or otherwise use any tobacco, tobacco product, or tobacco related device. 3. Illegal Procurement. It shall be a violation of this ordinance for any minor to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product, or tobacco related device, and it shall be a violation of this ordinance for any person to purchase or otherwise obtain such items on behalf of a minor. It shall also be a violation of this ordinance for any person to sell or otherwise provide any tobacco, tobacco product, or tobacco related device to any minor, and it shall further be a violation for any person to coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any tobacco, tobacco products, or tobacco related device. This subdivision shall not apply to minors lawfully involved in a compliance check on behalf of the City. 4. Use of False Identification. It shall be a violation of this ordinance for any minor to attempt to disguise their true age by the use of a false form of identification, whether the identification is that of another person or one in which the age of the person has been modified or tampered with to represent an age older than the actual age of the person. H. Violations and Penalties. 1. Revocation or Suspension. Any violation of this Chapter shall be grounds to revoke or suspend a license. 2. Criminal Penalty. As set forth in Minnesota Statues Chapter 609: a. It shall be a gross misdemeanor for anyone to sell tobacco -related products to a person under the age of eighteen (18) years. b. It shall be a misdemeanor to furnish tobacco -related products to a person under the age of eighteen (18) years. c. It shall be a petty misdemeanor for anyone under the age of eighteen (18) years to use, purchase, attempt to purchase, or possess tobacco -related products. d. It shall be a petty misdemeanor for anyone under the age of eighteen (18) years to sell, furnish, or give away any tobacco -related products. This Section shall not apply to an employee of the license holder under the age of eighteen (18) years while stocking tobacco -related products. 3. Administrative Penalty. A licensee shall pay to the City of St. Louis Park a civil penalty of $250.00 for an initial violation and $500.00 for a second violation of a provision of this ordinance or a state law governing the sale of tobacco related products within a twelve month penod. The imposition of the civil penalty shall be a written notice to the licensee and may be appealed through an administrative hearing before the City Manager. The City Manager's decision may be appealed to the City Council by filing a written appeal to the City Clerk within ten ri^vs of receiving wntten notice of the City Manager's decision. • Ordinance No. 2181-00 -31- The City Council may revoke or suspend a license, impose a civil penalty of up to $2,000, or impose a combination of these sanctions for a third or subsequent offense of this ordinance within a 24 month time period. 4 Cnminal Prosecution. Any civil penalty, suspension or revocation or combination thereof under this Section does not preclude criminal prosecution under this ordinance or under any applicable Minnesota Statute. 5 Exceptions and Defenses. Nothing in this ordinance shall prevent the providing of tobacco, tobacco products, or tobacco related devices to a minor as part of a bona fide religious, spintual, or cultural ceremony. It shall be an affirmative defense to the violation or this ordinance for a person to have reasonably retied on proof of age as descnbed by state law. Section 16-312: Vehicle Parking Facilities. A. License required. All multi-level parking facilities and enclosed parking facilities within the City must be licensed. A single license may be issued for vehicle parking facilities that are both multi-level and enclosed provided all requirements of licensing are met and all fees are paid. B. Exceptions. Enclosed vehicle parking facilities less than 1,000 square feet are exempt from the licensing requirements of this Section. This exemption does not apply to • enclosed multi-level vehicle parking facilities unless the enclosed multi-level parking facility is part of a single family residential dwelling. C. Insurance requirements Multi-level parking facility licensees must submit a certificate of insurance providing comprehensive general liability insurance during the term of the license with the application with limits not less than a $1,500,000 liability insurance for a multi-level parking facility containing 100 or more parking spaces or $1,000,000 for a multi-level parking facility containing less than 100 parking spaces, combined single limit, including personal injury liability, bodily injury liability and property damage liability. D. Inspections. 1. Enclosed parking facilities. Licensee must provide access to enclosed parking facilities throughout the year as requested by the City to perform air quality and ventilation equipment inspections. 2. Multi-level parking facilities. Multi-level parking facilities must be inspected annually by a "qualified civil or structural engineer" registered and licensed by the State of Minnesota. The engineer must provide evidence of experience in the field of structural or civil engineering. 3. Exception. Multi-level parking facilities less than five (5) years old are exempt from the engineer inspection and reporting requirements provided in this Section. E. Engineering Reports. An applicant for a multi-level parking facility license must provide with the application for a license or for a renewal license a report signed by the engineer which provides the following- Ordinance No. 2181-00 -32- 1. A descnption of the inspection methods, testing and results. 2 A descnption of the overall condition of the facility and any evidence of deterioration If any detenoration is identified, the engineer shall identify and specify in the report that detenoration, recommended repairs, and the time frame in which those repairs must be made. 3. Certification of the structural integnty of the parking facility indicating whether the structure is capable of supporting the loads for which it is being used. F. Conditions of License 1. The engineer's recommendations will be included as a condition of the license and repairs must be corrected within the time specified by the engineer. 2. The owner shall not permit vehicles to use any parking facility without a valid license for the structure. 3. All ventilating facilities for enclosed vehicle parking facilities shall be kept in good repair and shall meet the requirements of the City Code. Carbon monoxide and other toxic gas levels shall comply with applicable City and State regulations. G. Denial, suspension, or revocation of license. If the engineer determines that the parking structure is incapable of supporting itself or the imposed load from vehicles, then the license will be suspended, revoked or denied renewal until modifications have been made to the structure and the engineer submits a follow-up report indicating that all deficiencies have been corrected. Section 16-313: Pawnbrokers A. License Required No person shall engage in the business of pawnbroker in the City without first obtaining a license from the City. B. Limitation on Number of Licenses Issued. The City shall issue no more than three pawnbroker licenses in any calendar year. C. Application Venfication. All applications for pawnbroker licenses shall be referred to the Police Department for venfication and investigation of the facts set forth in the apphcation. The Police Department shall make a written report and recommendation to the City Clerk as to issuance or non -issuance of the license. The City Clerk may order and conduct such additional investigation as it deems necessary. D. Licensee Eligibility. To be eligible for or to maintain a pawnbroker license, a person must operate lawfully and fairly within the purposes of Minn. Stat. Ch. 325J and this Section and: 1. may not be a minor at the time that the application for a pawnbroker's license is filed; • • • Ordinance No. 2181-00 -33- 2. may not have been convicted of any cnme directly related to the occupation licensed as prescnbed by Minn Stat. Section 364.03, subdivision 2, unless the person has shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of a licensee under this Chapter as prescnbed by Section 364.03, subdivision 3, and 3. must be of good moral character or repute. E Regulations adopted. 1. The regulations pertaining to pawnbrokers set forth in Minn. Stat. ch. 325J, as amended, are hereby adopted herein by reference as if fully stated herein. 2. Register Open to Inspection. The pawnbroker's register shall at all times be kept open to the inspection of the chief of police or officers designated by him, and upon request of the police officers, pawnbroker show and exhibit to such officers for inspection, any article or articles purchased, taken or received by the pawnbroker. 3. Keeping of Property for Inspection. Every pawnbroker shall, in the absolute purchase of any personal property, enter the same in the pawnbroker's register in the same manner as property received on pledge, and shall for thirty days after such purchase or the date of expiration of any pledge, keep the same at the pawnbroker's place of business subject to inspection by police officers, as fully and to the same extent as goods received on pledge. 4. Buying from Certain Persons. No pawnbrokers or anyone employed or acting for them shall purchase, take or receive any article of property, of or from any intoxicated person, or of or from a minor, or owned by a minor, nor any stolen property, or property which, from any cause, they may have reason to believe or suspect, cannot be lawfully sold by the person offenng it. Section 16-314: Dog Kennel License. A. License required. No person shall operate or maintain any dog kennel within the City without first obtaining a dog kennel license from the City. B. Regulations adopted. 1. Fencing. Every kennel shall be enclosed or fenced in such manner as to prevent the running at large or escape of dogs confined therein. 2. Humane Operation Every kennel shall be operated in a clean, healthful, sanitary, safe condition and in a humane manner as deterrruned by the City's Health Authority, and failure to do so shall constitute grounds for a revocation of the license of such kennel. Section 16-315: Billboard License: A. License Required. No person shall locate, operate, or maintain a billboard on the person's property without first obtaining a license from the City. Ordinance No 2181-00 -34- B. Inspections. Pnor to the issuance of a license or a renewal license, or at such times the City's inspector deems necessary, the City shall inspect the billboard to determine whether the structure is secure or insecure and whether it is in need of repair or removal and whether the surrounding site is properly maintained and to determine whether the billboard is in compliance with all applicable City Code and zoning requirements. The applicant or licensee shall pay the inspection fee adopted by resolution of the City Council, as amended. C. Regulations Adopted. 1. Structure. The structure of the billboard must be structurally sound. 2. Sign Copy. The sign copy of a billboard must be in good condition and securely attached to the structure. 3. Exterior. The paint or finish coating of the billboard must be in good condition and must not be peeling. ARTICLE IV. TEMPORARY USE LICENSES Section 16-401: Temporary Use Licenses General Provisions. The general provisions provided under this Section shall apply to all temporary use licenses required under this Article, except as otherwise provided under the specific temporary use licensing provision. A. License Required. Any person or business intending to engage or perform an activity regulated by this Section must first obtain a license by the City. B. Application and Authonzation. 1. The application may require the applicant to submit a signed authonzation from the property owner if different from the applicant. Such authorization may be required to be on a form supplied by the City in cases where the owner would be responsible for any damage or cleanup that the temporary use may create. The authonzation shall include a right of entry for the City, authonzing the City to enter the property identified in the license and to abate the nuisance by cleaning up the trash and debris resulting from the temporary use of the property, e.g. trash, trees, etc., if the licensee and/or property owner have failed to clean-up the property within 48 hours after the temporary use has ended and to charge the property owner for the City's cost incurred in cleaning up the property. 2. The applicant must provide dates and locations on the provided application. C. Carrying or Posting License. 1. Licensees shall carry the license at all times when conducting the licensed activity, or post in the place of business near the licensed activity. 2. If a machine or other device is licensed, the City may provide a sticker for the current license year, which shall be affixed to the front or clearly visible part of each machine or device requiring such license. 3. Every licensee shall display the license upon demand by any officer or citizen. Ordinance No. 2181-00 -35- D. Transferability. No license shall be transferable between persons or businesses or Ili transferable to a different location other than those persons, businesses, and location(s) identified in the license. E Restoration of licensed property. Licensee and/or property owner shall clean up the licensed property and restore property to its onginal condition within 48 hours of the completion of the licensed event or the City may clean-up the property and charge the cost to the property owner. Section 16-402: Temporary Food Service A. License Required. 1. No person shall operate a food stand or mobile food service without obtaining a license from the City. 2. A license may authorize temporary food service on multiple days consecutively for multiple occasions. The multiple occasions must be at the same location with identical setup and service as approved. B. Application. 1. The application for a temporary food service license must be submitted a minimum of seven (7) business days before the scheduled event and the applicant must provide all information required by the Health Authonty. 2. The application must identify all dates and locations at which temporary food service shall be conducted. C. Inspection. Prior to issuance of a license and following each set-up and removal of the food service to be provided under the license, an applicant for a temporary food service license must be inspected by the City's Health Authonty for compliance with the City's food code. D. License fees. License fees shall be based on single or multiple setup. Section 16-403: Temporary Outdoor Retail Sales A. License Required. No person may participate in any outdoor sales within the corporate limits of the City without first obtaining a license. B. Application and Authorization. 1. Applicants must submit a completed application for a temporary outdoor retail sales license a minimum of seven (7) business days before the scheduled date of sale and all other required permits and inspections must be obtained prior to commencement of the sales. 2. The applicant must submit with the application, wntten permission of the owner of the property identified in the application for the location of the temporary outdoor retail sales, if other than the applicant, to conduct the temporary outdoor retail sales as provided in the application Ordinance No. 2181-00 -36- C. Term of License. The term of a temporary outdoor sales license shall be as stated in the license. The term of a license for the temporary outdoor sales of Christmas trees shall be the penod from November 15 to December 28th. Section 16-404• Circuses, Carnivals, Amusement Rides and Petting Zoos. A. License required. No person shall conduct a circus, carnival, amusement nde or petting zoo within the corporate limits of the City without first obtaining a license from the City. B Application 1. The application for a license for a circus, carnival, amusement ride or petting zoo and license fee must be submitted at least fourteen (14) days pnor to the date of the event. 2. The applicant shall list on the application the location, times and dates that the licensed activity will be conducted, any additional equipment which might require another permit, and all other pertinent health and fire safety information relevant to the event. C. Insurance. The applicant for a licensed activity to be held on City property must submit a certificate of liability insurance with the application, providing a general comprehensive general liability insurance policy in an amount not less than $1,000,000 including personal injury liability, including death, and property damage liability. The insurance must be maintained for the duration of the license and activity. D. Conditions of License. Licensee must comply with the following conditions for an activity licensed under this Section: 1. Supplying Special Officer. If the City deems it necessary that additional police supervision shall be supplied for any activity licensed hereunder, the City may require the licensee, as a condition of the license and for the duration of the license, to advance and pay the salary of one or more special police officers to be appointed by the City to police the premises licensed during the event. 2. Regulations. No person to whom such license is issued, or any manager, agent or employee of such person, or any other person, shall exhibit, show, display, perform or do any immoral, vicious or disgraceful act or thing, or install any dangerous device or equipment for the use of patrons or visitors; or create such noise or other disturbance as to senously affect the peace, health, or morals of the City; or create or permit the maintenance of any nuisance upon or about the premises where the carnival is in operation, and all lands and premises used for carnival purposes shall be maintained and kept in a clean condition, free from litter and papers, so as to prevent the same from being carried from said premises by wind, and the surface of the ground shall be so maintained as to prevent dust from being camed from the premises by the wind to adjoining property. Section 16-405: Peddlers, Solicitors and Transient Merchants A. Registration Required. No person shall engage in the business of peddler, solicr or. or transient merchant, unless he/she has first registered as provided in this Section. Registrants shall file with the City a sworn wntten statement which shall includf Ordinance No. 2181-00 -37- 1. The name and permanent home address of the registrant for the past five years and the current local address of the registrant; 2. In the case of transient merchants, the place where the business is to be carned on, a descnption of the nature of the business and the goods to be sold; 3. The name and address of the employer or pnncipal of the registrant and the name and address of any supplier of the registrant. Credentials establishing the exact relationship of the registrant to the employer or pnncipal shall be attached to the regi strati on; 4. The penod of time within which he/she intends to conduct activities; 5. The source of supply of any goods or property proposed to be sold, where such goods or products are located at the time the registration is filed, and the proposed method of delivery; 6. A recent photograph of the registrant which picture shall be approximately 2" by 2" showing the head and shoulders of the registrant in a clear and distinguishing manner; 7. Whether the registrant has been convicted of any felony, gross misdemeanor or misdemeanor for which a fail sentence may be imposed; 8. The last cities or villages, not to exceed three, where registrant earned on business immediately preceding date of registration and the addresses from which such business was conducted in those municipalities; 9. Whether the registrant has taken advantage of any state or federal bankruptcy or insolvency law or proceeding as a bankrupt or debtor within the 10 most recent years; 10. Every peddler, solicitor or vendor required to submit the foregoing information shall promptly submit to the clerk any changes therein required by changes in circumstances. 11. If the application is to solicit funds, financial information shall be supplied about the organization in behalf of which funds are to be solicited, in the form specified by the City Clerk. B. Exceptions. The following persons are not required to register under the terms of this Section: 1. A peddler or transient merchant excepted from licensure as a peddler or transient merchant under Minn. Stat. Ch. 329 shall be required to register under this Section. 2. Any person who sells or attempts to sell, or solicits or attempts to solicit orders for goods, wares or merchandise, or who canvasses, solicits or calls from house to house for contributions or support, if he/she does so: Ordinance No 2181-00 -38- a. On behalf of a chartable, benevolent, philanthropic, patnotic, religious, social service, welfare, educational or eleemosynary organization a majonty of the membership of which are residents of St. Louis Park and which organization so identified in the course of canvassing, soliciting or peddling, or b. On behalf of a bona fide political organization. 3. Vendors of milk, grocenes, bakery products, or other commodities, vendors or soft water service or laundry and dry-cleaning pick-up delivery, or vendors of daily newspapers who make an uninvited initiatory call upon the occupant of a residence as a preliminary step to the establishment of such commodities or the providing of such services to regular customers. C. Fees and Exemptions. At the time the application is filed with the City Clerk, the apphcant shall pay a registration fee to cover the cost to the City of processing the registering the applicant. The non-refundable registration fee shall be set by resolution of the City Council. The following applicants are exempt from the payment of the non-refundable registration fee: 1. Any person selling only literature of any kind in a residential area; 2. Any person dealing with merchandise of any kind to be delivered to customers in Minnesota directly from points outside of Minnesota; and 3. Any person soliciting money, donations or financial assistance of any kind for any religious or chantable organization or selling merchandise for a fee on behalf of such an organization. D Issuance of Certificate of Registration. 1. Upon compliance with this Section, the City Manager or the City Manager's designee shall issue a certificate of registration. The certificate shall show: a. Registrant's name; b. Registrant's address; c. Registrant's photograph; d. Kinds of any goods to be sold; e. Name and address, including popular name(s), of the organization for which any funds are to be solicited; f. Expiration date; g. An identifying number; and h. Signature of issuing officer. 2. Each peddler, solicitor, or transient merchant must secure a personal registration. 3. No registration shall be used at any time by any person other than the one to whom it is issued. 4. The clerk shall keep a record of all registrations in accordance with City policy. Ordinance No 2181-00 -39- 5. Each registration shall be valid only through the expiration date and no registration may extend beyond December 31 of any year. 6. No registration shall be issued to peddle, sell, or solicit orders for the sale of furs, eyeglasses, medicines, watches, jewelry, plated ware, or silverware. 7. Each certificate of registration shall prohibit engaging in the business of solicitor, peddler or transient merchant before the hour of 9:00 a.m. and after the hour of 8:00 p.m daily, except for delivenes to a customer pursuant to a pnor order for the goods or service. 8. All peddlers, solicitors, and transient merchants required to be registered under this Section must carry with them and produce upon request their certificate of registration when engaged in their business and must wear some type of picture identification conspicuously showing their name and the licensed organization. E. Termination of Registration. Certificates of registration issued under the provisions of this ordinance may be terminated by the City Manager after notice and heanng in the manner provided for the revocation of licenses, pursuant to this Chapter for any of the following causes: 1. Fraud, misrepresentation, or incorrect statement, contained in the registrant's statement. 2. Fraud or misrepresentation made in the course of carrying on the business of solicitor, peddler, or transient merchant. 3. Any violation of this ordinance. 4. Conviction of any cnme or misdemeanor. 5. Conducting the business of peddler, solicitor, or transient merchant, in an unlawful manner or in such a manner as to constitute a breach of peace or to constitute a menace to health, safety or general welfare of the public. F. Peddlers and Solicitors May be Prohibited by Placard. Any resident of the City who wishes to exclude peddlers or solicitors from premises occupied by him may place upon or near the usual entrance to such premises a printed placard or sign bearing the following note: "Peddlers and Solicitors Prohibited" or similar language. Such placard shall be at least 3 3/4 inches long and 3 3/a inches wide and the printing thereon shall not be smaller than 48 point type. No peddler or solicitor or transient merchant shall enter in or upon any premises or attempt to enter in or upon any premises where such placard or sign is placed and maintained. G. May Not Deface Placard. No person, other than the person occupying such premises, shall remove or deface such placard. H. Prohibited Activities. No peddler, solicitor, or transient merchant shall conduct business in any of the following manners: 1. Call attention to his business or his goods by crying out, blowing a horn, ringing a bell, or making any loud or unusual noise. 2. Furnish false information, or fail to furnish information as required for registration under this Section. Ordinance No. 2181-00 -40- 3. Sell merchandise or services or solicit funds by means of statements which the person making them knows or should know are false or misleading. 4. Sell merchandise which is not of merchantable quality or is not fit for the purpose for which the seller knows or has reason to know the merchandise is being purchased. I. Transferability. A registration can not be transferred. Each person required to register under this Chapter must register separately ARTICLE V. ANIMAL LICENSES Section 16-501: Animal Licenses General Provisions. The general provisions provided under this Section shall apply to all animal licenses required under this Article, except as otherwise provided under the specific animal licensing provision. A. License Required. 1. The owner or keeper of any animal regulated by this Article must obtain an animal license from the City. 2. The City shall issue animal licenses for a 1, 2 or 3 year penod beginning with the date of rabies vaccination. The applicant must request the length of the license on the application No license will be issued beyond the expiration date of the submitted rabies vaccination certificate. 3. Intenm License For all dogs with rabies vaccinations that expire dunng 2001, the City shall issue an interim license from February 1, 2001 through the expiration of the dog's rabies vaccination, for the following interim license fee: Date of Expiration of Intenm License Fee Rabies Vaccination February 1, 2001 - June 30, 2001 Free July 1, 2001 - December 31, 2001 $7.00 Upon the expiration of the dog's rabies vaccination, the owner shall be required to obtain the regular animal license required under Subsections A.1. - A.2 of this Section. B. Expiration. Every animal license will expire on the same date in which the animal's rabies vaccination expires. C. Renewal. Renewal applications for animal licenses must be submitted prior to the expiration of the previous license date. Rabies certificates must be submitted to the City with the renewal license application. D. Carrying of license. All animals required to be licensed by the City shall display the license tag as issued by the City. Tags shall be worn around the neck and be securely fastened to a collar. Expired tags shall not be worn. • Ordinance No 2181-00 -41- E. Transferability. No license shall be transferable between animals. A license may be transferred from one owner of a licensed animal to another owner of the same animal provided the appropriate transfer fee is paid to the City. Section 16-502: Dog License Required. A License required. No person shall own, keep or harbor any dog over the age of 9 weeks without first obtaining a dog license from the City. B Service Dog License Fee Exemption. Service dogs which are used for the purpose of assisting persons with disabilities are exempt from the license fee required under this Section, provided that a certification of assistance training from a recognized school or program is submitted with the dog license application. C. Rabies Vaccination. All dogs licensed hereunder must have a current rabies vaccination. D. Impounding of Unlicensed Dogs. The City or its designated agent may impound any dog found in the City without the tag provided for in this Article or found running at large, harbored, or kept contrary to any provisions of this Article. E Redemption of Impounded Dogs. Any unlicensed dog that is impounded by the City may be redeemed by the owner within the time for redemption by payment to the City of the current dog license fee, a penalty, and impounding pickup and boarding fees according to the fees established by resolution of the City Council. 1110 F. Disposal of Unredeemed Dogs. Any dog that is not claimed asP rovided in this Section within 5 regular business days after impoundment must be disposed of according to State law or may be adopted through a vetennanan boarding facility with which the City has contracted, or may be turned over to the Hennepin County Animal Humane Society. G. Regulations Adopted. All persons owning, keeping or harboring any dog within the City of St. Louis Park shall comply with the regulations adopted under Part 3 of Chapter 11 of the St. Louis Park City Code. ARTICLE VI. COURTESY BENCHES Section 16-601: Courtesy Bench A. License Required. 1. Any person placing or maintaining any courtesy bench on any public sidewalk or any public nght-of-way along a street or a thoroughfare or any private property for public use within the City of St. Louis Park shall first obtain a license. Benches must conform to the provisions provided in the code. 2. The applicant shall submit a current list of the requested location of the bench or benches to be licensed with the initial application. A single license will be issue to the applicant for multiple bench locations. 3. A maximum of fifty (50) bench locations shall be allowed within the City. Ordinance No. 2181-00 -42- 4. The licensee must receive approval from the City before any bench location may be changed The request must be made in wnting and include the license fee in the amount set by Council resolution 5. For any bench to be located on pnvate property for public use, the applicant must submit with the application the signed approval from the property owner or a copy of the signed agreement between the applicant and the property owner for the location and public use of the bench. B. Hold Harmless and Indemnity Agreement. The applicant must enter into a Hold Harmless and Indemnity Agreement with the City of St. Louis Park, in a form acceptable to the City, in which the applicant agrees to hold harmless and indemnify the City of St. Louis Park from any claims, losses, judgments, damages, or costs incurred, including attorney's fees, resulting from the issuance of the license or arising out or in connection with the licensee's location of the courtesy bench on City property. C. Insurance. The applicant must maintain comprehensive general liability insurance in an amount not less than $1,000,000, including liability for personal injury, including death, and property damage, for all bench locations dunng the term of the license. The applicant must submit a certificate of insurance that includes the City as an additional insured and provides that the City must be give 30 days' advance written notice of the cancellation or substantial modification of any insurance descnbed in the certificate. D. Cntena for Location, Construction, and Maintenance of Courtesy Benches: 1. A courtesy bench shall be located parallel to the nearest curb and no less than three (3) feet behind the face of said curb. 2. A courtesy bench may be located on a sidewalk, provided there remains a minimum continuous width of five (5) feet, including the top of curb, or unobstructed sidewalk. 3. A courtesy bench shall be installed and maintained on a durable, level surface including, but not limited to, concrete, bomamte or decorative brick. Such courtesy bench shall be of sufficient weight or shall be secured in a manner to minimize the potential of accidental tipping or vandalism. No courtesy bench shall be fastened, secured, or anchored to any City property including, but not limited to, City sidewalks, utility poles, and sign posts without approval of the City. 4. A courtesy bench shall have a minimum clearance of two (2) feet at both ends thereof. 5. A courtesy bench placed on a boulevard shall have a durable surface provided under and around the courtesy bench with the durable surface extending from the curb to the sidewalk. A courtesy bench placed behind the sidewalk shall have a durable surface under and around the courtesy bench with the durable surface extending to the sidewalk. The durable surface shall extend at least two (2) feet beyond the ends of the courtesy bench when the courtesy bench is located in front of the sidewalk. The durable surface shall extend at least six (6) inches beyond the ends of the courtesy bench when the courtesy bench is not located in front of the sidewalk. A courtesy bench placed at a location where no sidewalk exists shall have a durable surface extending from the edge of the roadway to the courtesy bench, including clearance areas required in this Section. ordinance. Ordinance No 2181-00 -43- 6. A courtesy bench shall not be located within ten (10) feet from the face of the nearest curb along the nearest street perpendicular to the courtesy bench and shall not be located within the tnangular area of an intersection, as provided under the City's zoning ordinance. 7. A courtesy bench shall not be located within five (5) feet of a hydrant, dnveway, alley, or marked crosswalk. 8. A courtesy bench shall be constructed of durable matenals including but not limited to concrete, wood, steel, plastic, or combination thereof, with colors limited to earthtones of subdues greens, grays, browns, reddish -browns, and golds. 9. No courtesy bench shall be more than forty-four (44) inches high, nor more than thirty (30) inches wide, nor more than seven (7) feet long over all. 10. A courtesy bench shall be located only at a designated bus stop. 11. It shall be the duty of the permit holder to maintain each courtesy bench at all times in a safe condition at its approved location and to inspect each courtesy bench periodically in order that it may be properly maintained. 12. The application shall be denied if the City shall find that the maintenance of the courtesy bench at the proposed location would tend unduly to obstruct passage along any public sidewalk or public way, or to create a hazard, or otherwise to be detnmental to the public safety, convenience or welfare. 13. If the owner or lessee of any property on which a courtesy bench is located, shall by wnting filed with the City on or before the first day of December preceding the expiration of any permit, withdraw consent to the renewal thereof, after such expiration, the City shall promptly notify the penmuttee of the filing of such wnting and shall deny the renewal of such permit unless and until such owner or person in possession or control, shall in wnting consent to such renewal permit being issued. E. Removal of Courtesy Benches. 1. The licensee shall remove all courtesy benches authorized under a license, including any durable surface installed under the courtesy bench, and shall restore the affected ground area to the condition it was in prior to installation if the courtesy bench within 10 days following revocation of the license. If the licensee fails to remove any courtesy bench as provided herein, the City may, at the licensee's cost, remove all courtesy benches authonzed under a license and underlying durable surface, complete any necessary restoration, and dispose of the courtesy benches and durable surfaces by any means it deems appropnate after providing 10 business days' wntten notice by certified mail to the licensee of the City's intent to remove the courtesy benches. If the licensee fails to pay for the costs incurred by the City in the removal, restoration, and disposal process within 15 days after the City's demand for payment addressed to the licensee and sent by certified mail, the City may dram on the surety provided by the licensee to reimburse it for its costs Ordinance No 2181-00 -44- 2. The City may remove any courtesy benches authorized under a license in the manner provided above when the licensee fails to adequately repair or maintain a courtesy bench, as determined by the City The City must provide the licensee with 10 days written notice by certified mail of the condition of the courtesy bench and the need for appropriate repair or maintenance and the City's intent to remove the courtesy bench and underlying durable surface. SECTION 5. Effective Date. This Ordinance shall take effect on January 1, 2001, after its passage and publication. Reviewed for Administration -t* y anag r Attest : Ci ey Clerk Adopted by the Cit Council November 6, 2000 Ma Approved as to Form and Execution: `-----H-------- ..N___ City Attorney • • • 111 STATE OF MINNESOTA) SS newspapers AFFIDAVIT OF PUBLICATION COUNTY OF HENNEPIN) Frank Chilinskl, being duly sworn on an oath states or affirms, that he is the publisher of the newspaper known as Sun -Sailor , or the president's designated agent, and has full knowledge of the facts stated below (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper,;as provided by Minn Stat §331A 02, §331A 07, and other applicable laws, as amended (6) The printed public notice that is attached was published in the newspaper once each week, for one successive weeks, it was first published on Wednesday, the 22 day of November , 2000, and was thereafter printed and published on every Wednesday to and including Wednesday, the day of , 2000, and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being 110 the size and kind of type used in the composition and publication of the notice a bcd a fg h it kl m no pq rs t u vwa B Publisher Subscribed and sworn to or armed befpre me on thisC: c9. day of 0 2Q00 Not IC MERIDEL M. HEDBLOM NOTARY PUBLIC -MINNESOTA MY COMMISSION EXPIRES 1.31.2005 -sINANVVVVVNAP• RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law (3) Rate actually charged 1 $ 2 85 per line $ 6 20 per line $ 1.40 per line City of St. Louis Park (Official Publication) SUMMARY ORDINANCE NO. 2181-00 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE BY DELETING 11-201 THROUGH 11-259, 13-101 THROUGH 13-249, 13-401 THROUGH 13-1503, 13-1700 THROUGH 13-1713, 15- 340 THROUGH 15-349 AND ADOPTINQA NEW I CHAPTER 16 RELATING TO LICENSING FOR I RARY USECOESS,,AANIMALS AND BUSINESSES, BENCHES - II This ordinance states that Sections 11 201 through 11-259; 13-101 through 13-249, 13-401 through 13-1503, 13-1700 through 13-1713, 15-340 through 15-349 are deleted and a new Chapter 16 relating to hcensing for contractors, busi- nesses, temporary uses, animals and courtesy benches is adopted This ordinance shall take effect 15 days after publication Adopted by the City Council November 6, 2000 Jeffrey W Jacobs /6/ Mayor • A Copy of the full text of this ordinance u3 available for ui- L spection with the City Clerk (November 22, 2000)A3/Ord 2181 ,