HomeMy WebLinkAbout2381-10 - ADMIN Ordinance - City Council - 2010/04/05ORDINANCE NO. 2381-10
ORDINANCE RELATING TO BUSINESS LICENSES,
AMENDING REGULATIONS RELATING TO INSPECTION FEES,
MASSAGE THERAPY, PEDDLERS, SOLICITORS AND TRANSIENT
MERCHANTS, AND FOOD AND BEVERAGE ESTABLISHMENTS
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
Section 1. Section 8-33 of the St. Louis Park Code of Ordinances is amended to read by adding
the underlined language and deleting the language:
Sec. 8-33. Fees.
Except as otherwise provided in this chapter, all fees for licenses under this chapter, including
investigation fees, shall be fixcd and dctcrmincd by the city council,
reed set by ordinance of the city council and listed as appendix A of this Code. Such
New fees called for by any
ordinance subsequently adopted may be adopted by ordinance of the council at second reading and
codified into appendix A at the time of the next annual review by the council. In the case of
contractor, business and animal licenses, license applications received within the last thirty (30) days
of the license term will be issued a license for the following year in the fee amount set for the
following calendar year.
Section 2. Section 8-193 of the St. Louis Park Code of Ordinances is amended to read by
adding the underlined language and deleting the st-rilettglr language:
Sec. 8-193. Re -inspection Fee.
An inspection service fee shall be assessed to the licensee for each additional re -inspection to
verify code compliance after a correction notice has been issued and the violation has not been
corrected within two subsequent inspections. The licensee will be invoiced for any re -inspection
fees. Any and all outstanding fees due must be paid before any change of business ownership is
approved or issuance of any annual license renewal.
Section 3. Section 8-1 of the St. Louis Park Code of Ordinances is amended to add the
following definition:
Massage therapist means a person who practices or administers massage therapy.
Section 4. Section 8, Division 3, Subdivision VI of the St. Louis Park Code of Ordinances
relating to massage therapy licensing is amended to read by adding the underlined language and
deleting the language:
Ordinance No. 2381-10
-2-
Sec. 8-296. Massage Therapy Establishment License required.
No person shall :: ; :: operate a therapeutie massage therapy
establishment either exclusively or in connection with any other business enterprise without first
obtaining a thcrapcutic massage therapy establishment license from the city.
Sec. 8-297. Massage Therapy Establishment Regulations adopted.
(a) Each licensed thcrapcutic massage therapy establishment in the city shall be
constructed and maintained in compliance with the health, safety and building regulations of the
city, and all state laws, rules and regulations, including but not limited to the following:
(1) Walls, floors and ceilings must be smooth, clean and in good repair. Low nap
carpeting is permitted provided it is kept clean and without wear or tear.
(2) Massage rooms must be equipped with lighting capable of illuminating horizontal
surfaces with a minimum intensity of 50 foot candles to facilitate room cleaning
(3) Massage rooms must be equipped with mechanical air ventilation or an exhaust fan.
(4) A hot and cold water hand washing sink or an NSF approvcd portablc hand sink
with soap and hand drying by mechanical or disposable towel is required in the
therapeutic massage area. Use of a public bathroom or janitor's sink is not allowed.
One sink may serve multiple massage therapy rooms in the same business area.
(5) Any person performing massage therapy, including the licensee of a massage therapy
establishment, must be licensed as a massage therapist pursuant to Section 8-302.
(b) No customer or patron of a thcrapcutic 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 of a thcrapeuute massage therapy establishment shall be allowed to remain upon the licensed
premises after 9:15 p.m. and before 8:00 a.m. daily. Such restrictions on hours shall not apply where
the massage therapy is provided within a health/sports establishment, and in such case, the hours for
massage therapy must coincide with the health/sports establishment's hours of operation.
(c) During any hours in which any person is present on the licensed premises of a
therapeutic massage therapy establishment, such establishment shall be open to
inspection by the city ' . Upon demand by any police officcr the city, all
persons engaged in providing services in any a thcrapcutic massage therapy establishment licensed
premises shall identify themselves, giving thcir truc lcgal hy name and corrcct address.
(d) The applicant for new an annual license will be required to provide a copy of a
current government issued identification and complete a license application addendum and
atithetiting authorization of for a background check to be completed by the city.
Ordinance No. 2381-10 -3-
Sec. 8-298. Massage Therapy Establishment License Application.
(a) Each application shall be made on a form supplied by the city and shall contain the
following information:
(1) Name of business
(2) Address of business.
(3) Property owner name, address and phone number.
(4) Applicant name, address and phone number.
(5) Name of manager/proprietor.
(6) Names of licensed massage therapist and city license numbers.
(7) Whether the applicant is an individual, corporation, partnership, or other form of
organization.
(8) If the applicant is an individual:
a. The true name, place and date of birth, address and phone number of the
applicant.
b. Whether the applicant has ever used or has been known by any other name
and, if so, what was such name and information concerning dates and places
where used.
c. The name of the business if it is to be conducted under a designation, name
or style other than the full individual name of the applicant, in such case, a
certified copy of the certificate as required by Minn. Stat. ch. 333 shall be
attached to the application.
d. The street address at which the applicant has lived during the preceding five
(5) years.
e. The kind, name and location of every business or occupation the applicant
has been engaged in during the preceding five (5) years.
f. The names and addresses of the applicant's employers and partners, if any,
for the preceding five (5) years.
g. Whether the applicant has ever been convicted of any crime or violation of
any ordinance other than traffic ordinances. If so, the applicant shall furnish
information as to the time, place and offense for which convictions were had.
h. The physical description of the applicant.
i. Whether the applicant is licensed in other communities to run similar
businesses, and, if so, where.
j. Whether the applicant has previously been denied a massage license or had
such a license or permit suspended or revoked, along with an explanation of
any such denial, suspension or revocation.
(9) If the applicant is a partnership, in addition to the information required by
subsections (a)(1)-(7) of this section, the following shall be provided:
a. The names, addresses and interest of all partners and all information
concerning each partner that is required of an individual applicant in
subsection (a)(8) of this section.
Ordinance No. 2381-10 -4-
b. A copy of the partnership agreement, which shall be submitted with the
application. If the partnership is required to file a certificate as to a trade
name under the provisions of Minn. Stat. ch. 333, a certified copy of such
certificate shall also be attached.
(10) If the applicant is a corporation or other organization, in addition to the information
required by subsections (a)(1)-(7) of this section, the following shall be provided:
a. The name and, if incorporated, the state of incorporation.
b. A copy of the certificate of incorporation, articles of incorporation or
association agreement, and bylaws, which shall be attached to the application
If a foreign corporation, a certificate of authority, as described in Minn. Stat.
ch. 303 shall also be attached.
c. A list of all persons who are officers or directors of the corporation or
organization or who control or own an interest in such corporation or
organization.
d. All information required by subsection (a)(8) of this section for any manager
or other individual directly involved in the operation of the massage therapy
establishment.
(b) The applicant and licensee shall have a continuing duty to immediately disclose to
the city any change in the information supplied in the application.
Sec. 8-299. Massage Therapy Establishmen A•, lication review and license iss ance.
(a) Complete applications shall be reviewed by the city for verification and investigation
of the facts set forth in the application, including a criminal background investigation of all
individuals required to provide the information in section 8-298(a)(8) and each massage therapist.
The city may order and conduct such additional investigation as deemed necessary
(b) The city shall make the determination whether to approve or deny the license. Any
denial shall be communicated to the applicant in writing, specifying the reasons for denial. The
applicant may appeal the denial in accordance with the procedure specified in section 8-36.
(c) Complete applications for issuance of annual licenses shall be submitted to the city at
least thirty (30) days prior to the expiration of the license.
Sec. 8-300. Massage Therapy Establishment License Ref sal sus!ension and
revocation.
The city may refuse to grant a massage therapy establishment license or license renewal and
may suspend or revoke a license for any reasonable cause including the following:
(a) The application is incomplete.
(b) The applicant is less than 18 years of age.
Ordinance No. 2381-10 -5-
(c) The applicant or any massage therapist working at the massage therapy establishment
has been convicted of a sexually oriented crime, prostitution, or any other crime or
violation involving moral turpitude within five (5) years of the date of application.
(d) The applicant falsified information on the application.
(e) The applicant or any massage therapist working at the massage therapy establishment
has a history of violations of laws or ordinances that apply to health, safety, welfare,
or more turpitude.
(f) For other good cause.
Sec. 8-301. Massage Therapist License required.
(a) No person shall engage, or hold himself or herself out as being engaged, in the
practice of massage therapy without first obtaining a license as herein provided.
(b) A massage therapist who provides massage therapy at either a licensed message
therapy establishment or at any other location in the city must comply with all the provisions of this
section.
(c) Exception. A massage therapist license shall not be required for any student of
massage therapy meeting the definition as set forth herein, provided:
(1) The massage therapy is provided during and as part of a course or clinical component
of the school's program or course work; and
(2) The massage therapy student is supervised by an instructor while providing massage
therapy services. A notice, which advises the public that the person who may provide
massage therapy services is a student of massage therapy and is not licensed by the
city, shall be posted in the room in which the massage therapy is provided.
Sec. 8-302. Massage Therapist Regulations adopted.
(a) Commencing on January 1, 2011, only massage therapists having the following
qualifications shall be allowed to perform massage therapy at any location in the city:
(1) a diploma or certificate of graduation from a school approved by the American
Massage Therapist Association or other similar reputable massage association; or
(2) a diploma or certificate of graduation from a school, which is either accredited by a
recognized educational accrediting association or agency or is licensed by the state or
local government agency having jurisdiction over the school; or
(3) a certificate of National Certification for Therapeutic Massage and Body Work by
the National Certification Board of Therapeutic Massage and Body Work, an
affiliate of the American Massage Therapy Association.
Ordinance No. 2381-10 -6-
(b) The licensee shall comply with applicable ordinances, regulations, and laws of the
city, the state of Minnesota, and the United States.
Sec. 8-303. Massage Therapis License al... lication.
(a) Every application for a massage therapist license shall be made on a form supplied by
the city and shall contain the following information:
(1) The name, place and date of birth, address and phone number of the applicant.
(2) Whether the applicant has ever used or has been known by any other name and, if
so, what was such name and information concerning dates and places where used.
(3) The name of the business if it is to be conducted under a designation, name or style
other than the full individual name of the applicant; in such case, a certified copy of
the certificate as required by Minn. Stat. ch. 333 shall be attached to the application.
(4) The street address at which the applicant has lived during the preceding five (5)
years.
(5) The kind, name and location of every business or occupation the applicant has been
engaged in during the preceding five (5) years.
(6) The names and addresses of the applicant's employers and partners, if any, for the
preceding five (5) years.
(7) Whether the applicant has ever been convicted of any felony or other crime or
violation of any ordinance other than petty misdemeanor traffic violations and the
time, place and offense involved in any such convictions.
(8) The physical description of the applicant.
(9) The name of the manager or proprietor or other agent in charge of any business
through which the massage therapy services will be provided or scheduled.
j9) The name of any other municipalities in which the a..licant works as a massage
therapist.
(11) Whether the applicant has previously been denied a massage license or had such a
license or permit suspended or revoked, along with an explanation of any such
denial, suspension or revocation.
(b) The applicant will be required to provide a copy of a current government issued
identification and complete a license application addendum authorizing the city to conduct a
criminal background investigation.
(c) The applicant and licensee shall have a continuing duty to immediately disclose to
the city any change in the information supplied in the application.
Sec. 8-304. _Massage Thera • ist Application review and license issuance.
(a) Complete applications shall be reviewed by the city for verification and investigation
of the facts set forth in the application, including a criminal background investigation of the
applicant. The city may order and conduct such additional investigation as deemed necessary.
Ordinance No. 2381-10 -7-
(b) The city shall make the determination whether to approve or deny the license. Any
denial shall be communicated to the applicant in writing, specifying the reasons for denial. The
applicant may appeal the denial in accordance with the procedure specified in section 8-36.
(c) Complete applications for issuance of annual licenses shall be submitted to the city at
least thirty (30) days prior to the expiration of the license. The determination regarding approval or
denial of the license renewal shall be communicated to the applicant in writing, specifying the
reasons if the application is denied. The applicant may appeal the denial in accordance with the
procedure specified in section 8-36.
Sec. 8-305, Refusal, suspension and revocation e thera. ist license,
The city may refuse to grant a massage therapist license and may suspend or revoke a license
for any reasonable cause including the following:
(a) the application is incomplete.
(b) the applicant is less than 18 years of age.
(c) the applicant has been convicted of a sexually oriented crime, prostitution, or any
other crime or violation involving moral turpitude within five (5) years of the date of
application.
(e) the applicant falsified information on the application
(f) the applicant has a history of violations of laws or ordinances that apply to health,
safety, welfare, or moral turpitude.
(g) for other good cause.
Section 5. Section 8-1 of the St. Louis Park Code of Ordinances is amended to read by adding
the underlined language and deleting the strikeehtough language of the following definition:
Solicitor means any person who goes from house to house, business to business, or any kind
of place to place movement for the purpose of soliciting or taking or attempting to take orders for
the purchase of any goods, wares, or merchandise, including magazines, books, periodicals 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, except for a city resident canvassing his or her
neighborhood, who canvasses, solicits or calls from house to house for contributions or support for
any charitable, religious, civic, educational, philanthropic, social service, welfare, or organization.
Section 6. Chapter 8, Division 4, Subdivision V of the St. Louis Park Code of Ordinances
relating to peddlers, solicitors and transient merchants is amended to read by adding the underlined
language and deleting the strilfeekreugk language:
Scc. 8-571. Rcgistration rcquircd.
(a) No person shall engage m the bustrncss of peddler, solicitor of trra-nsicnt rfterchatrt- unless
Ordinance No. 2381-10
-8-
{1) Thc namc and permancnt homc addrcss for thc past fivc ycars of thc rcgistrant, and
thc currcnt local addrcss of thc rcgistrant;
(2) In thc casc of transicnt mcrchants, thc placc whcrc thc busincss is to bc carried on, a
(3)
Thc namc and addrcss of thc cmploycr or principal of thc rcgistrant, and thc namc
(4) Thc period of timc within which thc rcgistrant intcnds to conduct thc permittcd
vincs;
or products arc locatcd at thc timc thc rcgistrat
(6) A rcccnt photograph of thc rcgistrant which shall bc approximatcly two inchcs by
two--inchcs, showing the hcad and shouldcrs of the rcgistrant, is a cicar and
(7)
Whcthcr thc rcgistrant has bccn convictcd of any fclony, gross misdcmcanor or
misdcmcanor for which a jail scntcncc may bc imposcd;
on busincss immcdiatcly prcccding thc datc of rcgistration, and thc addrcsscs from
YearST
(b) Evcry pcddlcr, solicitor or vcndor rcquircd to submit thc information sct forth in
of this scction shall promptly submit to thc cicrk any changcs in such
(c) If thc applicant is to solicit funds, financial information shall bc supplicd about the
Sec. 8-571. License required; exemptions.
(a) It shall be unlawful for any person to engage in the business of peddler or solicitor
within the City without first obtaining a license from the city; provided that the following are
exempt from the provisions of this section:
(1) Any person taking orders for goods sold by a political, religious, educational, or
nonprofit organization as part of fundraising activities.
(2) Any person selling or attempting to sell at wholesale any goods, wares, products,
merchandise, or other personal property to a retail seller of the items being sold by
the wholesaler.
(3) Any person who sells or attempts to sell or takes or attempts to take orders for any
product grown, produced, cultivated, or raised on any farm.
Ordinance No. 2381-10 -9-
(4) Any person who makes initial contacts with other people for the purpose of
establishing or trying to establish a regular customer delivery route for the delivery of
perishable food and dairy products, such as baked goods or milk.
(5) Any person making deliveries of perishable food and dairy products to the customers
on his or her established delivery route.
(6) Any person making deliveries of newspapers, newsletters, or other similar
publications on an established customer delivery route, when attempting to establish
a regular delivery route, or when publications are delivered to the community at
large.
(7) Any person conducting the type of sale commonly known as garage sales, rummage
sales, or estate sales.
(8) Any person participating in an organized multi -person bazaar or flea market.
(9) Any person conducting an auction as a properly licensed auctioneer.
(10) Any officer of the court conducting a court-ordered sale.
(b) Persons whose activities are exempted from the licensing requirement shall comply with
any other applicable statutory or ordinance provision, including Section 8-578.
Scc. 8-572. Exccptions.
(1) A peddler or transicnt mcrchant excepted from licensure as a peddler or transient
merchant undcr M.S.A. ch. 329 shall not be required to rcgistcr undcr this
stibtlivistefi7
a. Charitable, benevolent, philanthropic, patriotic, religious, social service,
welfare, educational or organization, a majority of the membership of which arc
b. Bona fide political organization.
(3) Vcndors of milk, groceries, bakery products or othcr commodities, vendors or soft
water service or laundry and dry darning ptektup or delivery, or vendors of daily
Sec. 8-572. Application.
An application for a license shall be made at least fourteen (14) business days before the
person desires to begin conducting a business operation within the city. Each individual seeking to
conduct business as a peddler or solicitor shall complete an application Application for a license
Ordinance No. 2381-10 -10-
shall be made on a form provided by the Chicf of Police, City which shall include the following
information:
(1) full legal name;
(2) any and all other names under which the applicant has or does conduct business, or
to which the applicant will officially answer to;
(3) physical description (i.e., hair color, eye color, height, weight, any distinguishing
marks or features, and the like);
(4) permanent address and telephone number;
(5) temporary address and telephone number;
(6) full legal name of any and all business operations owned, managed, or operated by
the applicant;
(7) brief description of the business or activity to be conducted and a general description
of the items to be sold or the services to be provided;
(8) if employed, the name, address and telephone number of the employer; or ,f acting as
an agent, the name, address and telephone number of the principal who is being
represented, with credentials in written form establishing the relationship and the
authority of the employee or agent to act for the employer or principal, as the case
may be,
(9) address and telephone numbers, including cellular phones and facsimile, of regular
place of business, if any exists;
(10) hours, date(s) and locations in the City which the applicant intends to conduct
business;
(11) a copy of a current government issued identification and complete a license
application addendum authorizing the city to conduct a criminal background
investigation;
(12) license plate number, registration information, vehicle identification number (VIN)
and physical description for any vehicle to be used in conjunction with the business;
(13) any and all addresses and telephone numbers where the applicant can be reached
while conducting business within the city;
(14) a statement as to whether or not the applicant has been convicted within the last five
(5) years of any felony, gross misdemeanor or misdemeanor for violating any state or
federal statute or any local ordinance, other than minor traffic offenses;
(15) a list of the three (3) most recent city or county locations where the applicant has
conducted business as a peddler or solicitor;
(16) proof of possession of any license or permit that, under federal, state, or county law,
regulation, or ordinance, is required to have in order to conduct the proposed
business; and (17) any and all additional information as may be deemed
necessary by the Chief of Police.
(18) The applicant shall have a continuing duty to immediately disclose to the city any
change in the information supplied in the application.
•
•
Ordinance No. 2381-10 -11-
Scc. 8-573. Fccs; cxcmptions.
At thc timc an application for a permit undcr this subdivision is -filed with thc city cicrk, thc
applicant shall pay a rcgistration fcc to covcr thc cost to thc city of processing and registering thc
applicant. Thc nonrefundable rcgistration fcc shall bc sct from timc to timc by thc city and a
(1) Any person selling only literature of any kind in a residential arca;
(3) Any person soliciting moncy, donations or financial assistancc of any kind for any
Sec. 8-573. Fees.
Except for solicitors engaged in Interstate Commerce, which are specifically exempted from
paying any fee under this chapter, all applications for a license shall be accompanied by the fee set
from time to time by the City and a schedule of such fee is listed in appendix A to this Code.
(a) Upon compliancc with thc provisions of this subdivision, thc city managcr or the city
nt Thc certificate shall show
(1) Registrant's name;
(2) Rcgistrant's addrcss;
(3) Rcgistrant's photograph;
(4) Kinds of any goods to bc sold,
(5) Namc and addrcss, including popular namcs, of thc organization for which any funds
are-terbc- _,•_•__a-
(6) Expiration date;
(7) An idcntifying numbcr; and
(8) Signaturc of thc issuing officer.
(b) Each pcddlcr, solicitor or trafrsrcnt mcrchant must sccurc a personal rcgistration.
(c) No rcgistration shall-bc used at afry timc by any person -other than thc one to whom
(d) Thc cicrk shall kccp a rccord of all registrations undcr this mesion in accordance
with-eier poker
(c) Each rcgistration raider this subdivision shall bc valid on -1y through thc expiration
date stated on the rcgistration, and no rcgistration may extend beyond Dcecicr 31 of any year.
Ordinance No. 2381-10
-12-
(f) No rcgistration undcr this subdivision shall bc issucd to peddle, scll or solicit orders
of fegistratiefi this fern shall prohibit engaging in the
(h) All peddlers, solicitors and transient merchants required to rcgistcr undcr this
Sec. 8-574. Application review and license issuance.
(a) Upon receipt of the application and payment of any required license fee, City will
determine if the application is complete. An application will be considered complete if all required
information is provided. If the City determines that the application is incomplete, the City must
inform the applicant of the required, necessary information that is missing. If the application is
complete, the City must order any investigation, including criminal background checks, necessary to
verify the information provided with the application. Within fifteen (15) days of receiving a
complete application the City will issue the license unless grounds exist for denying the license
application under Sec. 8-575.
(b) A license granted under this subdivision shall be valid for one year.
(c) No license issued under this subdivision shall be transferred to any other person
other than the person to whom the license was issued.
Certificates of rcgistration issucd undcr thc provisions of this subdivision may bc terminated
by thc city managcr after notiec and hearing in the ntaftncr provided fen' the rc erntift
(2)
(3)
(4)
applieation7
Fraud or misrepresentation madc in thc coursc of carrying on thc business of
Any violation of this subdivision.
Conviction of any crimc or misdemeanor.
Ordinance No. 2381-10 -13-
Sec. 8-575. Denial of license
(a) The following shall be grounds for denying a peddler or solicitor license:
(1) The failure of an applicant to truthfully provide any information requested by the
city as part of the application process.
(2) The failure of an applicant to sign the license application.
(3) The failure of an applicant to pay the required fee at the time of application.
(4) A conviction with the past five (5) years of the date of application for any violation of
any federal or state statute or regulation, or of any local ordinance, which adversely
reflects upon the person's ability to conduct the business for which the license is
being sought in a professional, honest and legal manner. Such violations shall
include, but are not limited to, burglary, theft, larceny, swindling, fraud, unlawful
business practices, and any form of actual or threatened physical harm against
another person.
(5) The revocation with the past five (5) years of any license issued to an applicant for
the purpose of conducting business as a peddler, solicitor, or transient merchant.
(6) Evidence of a bad business reputation of the applicant, or organization represented
by the applicant, including, but not limited to, the existence of more than three (3)
complaints against an applicant, or organization represented by the applicant, with
the Better Business Bureau, the Office of the Minnesota Attorney General or other
state attorney general, or other similar business or consumer rights office or agency,
within the preceding twelve (12) months, or three (3) complaints filed with the city
against an applicant, or organization represented by the applicant, within the
preceding five (5) years.
(7) Other good cause.
(b) If the City denies the license application, the applicant must be notified in writing of
the decision, the reason for denial and the applicant's right to appeal the denial by requesting, within
ten (10) days of receiving notice of denial, a hearing before the City Manager. The City Manager or
designee shall hear the appeal within fifteen (15) days of the date of the request for a hearing. The
decision of the City Manager or designee shall be final and binding on all parties concerned.
by thc city rcsidcnt may place upon er rtcar thc usual cntrancc to such prcmiscs a printed placard or
sign bearing thc following words: "Peddlers and Solicitors Prohibited," or similar language. Such
upon any prcmiscs or attcmpt to cntcr in or upon any prcmiscs whcrc such placard or sign is placed
Ordinance No. 2381-10 -14-
Sec. 8-576. Identification badges.
At the same time the license is issued, the Chief of Police or designee shall issue to each
licensee a badge, which shall be worn by the licensee in such a way as to be conspicuous at all times
while the licensee is conducting business in the city. The identification badge shall include the
licensee's photograph, name, license number, company name, and the license expiration date.
Scc. 8-577. Dcfacing of placard.
No person, othcr than the person occupying such prcmiscs, shall rcmovc or dcfacc a placard
which is placcd as sct forth in scction 8 576.
Sec. 8-577. License suspension or revocation.
(a) Any license issued under this subdivision may be immediately suspended or revoked by
the City for good cause, including, but not limited to, the following:
(1) Engaging in any activity prohibited by Section 8-578. (2)
575 or any other provision of the City Code.
(3) Conducting the licensed activity in such a manner as to
constitute breach of peace or endanger the health, safety,
public.
(4) Other good cause.
Violating Section 8 -
create a public nuisance,
or general welfare of the
(b) Notice of a suspension or revocation shall be provided in writing and delivered to the
licensee in person or by mail to the permanent residential address provided on the license application
and shall set forth specifically the grounds for the Chief of Police or designee's decision to suspend or
revoke the license and inform the licensee of his or her right to appeal the decision to the City
Manager in writing within fifteen (15) days following the service of the notice. The license remains
suspended or revoked during the appeal process. A hearing shall be conducted by the City Manager
or designee within fifteen (15) days from the date of receipt of the appellant's written appeal. Notice
of the time and place of the hearing shall be given to the appellant in the same manner as provided
for the service of the revocation notice. The decision of the City Manager or designee on the appeal
shall be final and binding on all parties concerned.
Sec. 8-578. Activities prohibited.
No peddler, solicitor, canvasser, or transient merchant shall conduct business in any of the
following manners:
(1) Call attention to business or goods by crying out, blowing a horn, ringing a bell, or
making any loud or unusual noise.
(2) Furnish false information, or failing to furnish information as required for
registration under this subdivision.
Ordinance No. 2381-10 -15-
(3) 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.
(4) Obstructing the free flow of traffic, either vehicular or pedestrian, on any street,
sidewalk, alleyway, or other public right-of-way.
(5) Conducting business in a way as to create a threat to the health, safety, or welfare of
any specific individual or the general public.
(6) Conducting business before 9:00 am or after 8:00 pm.
(7) Failing to provide proof of license, registration or identification when requested.
(8) Using the license or registration of another person.
(9) Making false or misleading statements about the products or services being sold,
including untrue statements of endorsement. No peddler, solicitor, or transient
merchant shall claim to have the endorsement of the City solely based on the City
having issued a license or registration to that person.
(10) Remaining on the property of another person after being requested to leave.
(11) Otherwise operating the business in any manner that a reasonable person would find
obscene, threatening, intimidating or abusive.
Scc. 8-579. Transfcrability.
Sec. 8-579. Entry upon premises unlawful.
It shall be unlawful for any person while conducting the business of a peddler or solicitor to
entered upon any premises in the City where the owner, occupant, or person legally in charge of the
premises has posted, at the entry to the premises, or at the entry to the principal building on the
premises, a sign bearing the words "No Peddlers," "No Solicitors," or words of similar import.
Section 7. Section 8, Division 3, Subdivision II of the St. Louis Park Code of Ordinances is
amended to read by adding the underlined language and deleting the language:
Sec. 8-214. Insurance.
(a) Except as otherwise required in this Code, applicants and licensees shall maintain
comprehensive general liability insurance provided by an insurance carrier authorized to do business
in the state. The amount of such insurance rates shall be set by ordinance by the City Council and
listed in appendix A to this Code. Such insurance shall remain effective for the term of the license.
(b) The license applicant shall deliver to the city a certificate of insurance, which
provides that the insurance may not be canceled by the insurer, except upon thirty (30) days' prior
written notice to the city. If such insurance is terminated or not renewed with another policy
conforming to the requirements of this section, the license shall be automatically suspended until the
insurance has been replaced and a new certificate of insurance is filed with the city.
Ordinance No. 2381-10 -16-
(c) The licensee is responsible to provide the city with a current certificate of insurance if
the policy is renewed during the term of the license
Section 8. Section 8, Division 3, Subdivision IV of the St. Louis Park Code of Ordinances
relating to Food and Beverage Establishments is amended to read by adding the underlined language
and deleting the strrket-ltrattglt language:
Sec. 8-256. License required.
(a) It shall be unlawful for any person to operate a food or beverage establishment,
mobile food vehicle or food vending machine without obtaining a license from the city.
(b) 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 or
multiple mobile food vehicles.
(c) Each food vending machine must have a valid city -issued license decal affixed in a
visible location.
Sec. 8-257. Classification of food and beverage establishments and food vending
machines.
The city will classify each food and beverage establishment, mobile food vehicle, and food
vending machine based on the use occurring, in accordance with the food code, into one of the
following categories before a license is issued:
(1) Class H plus --Multiple use license permitting three or more uses of any risk class to
operate.
(2) Class H --High risk use license permitting up to two high risk uses or a single high
risk use with a single low or medium risk use.
(3) Class M --Medium risk use license permitting a single medium risk use.
(4) Class L --Low risk use license permitting a single low risk use.
(5) Class V --Food vending machines.
(6) Class S --Seasonal concession with low or medium risk.
(7) Class E--Multi-site educational facilities — Educational facility with multiple
locations within the city.
(8) Catcring Vchicic Dccal Mobile Food Vehicle - Each vehicle used to transport food
from a licensed food facility must have a valid city issued decal.
•'i
Ordinance No. 2381-10 -17-
Exception — A mobile food vehicle license shall not be required for any mobile food
vehicle operated by a food and beverage establishment licensed by the City or that
has a valid state issued commissary or catering food license
Sec. 8-258. Regulations and standards.
All food and beverage establishments and food vending machines licensed under this
subdivision shall comply with the city's food code as set forth in section 12-1 of this Code.
(a) All food and beverage establishments, mobile food vehicle, and food vending
machines licensed under this subdivision shall comply with the city's food code as set forth in section
12-1 of this Code.
Section 9. Chapter 12, Article I of the St. Louis Park Code of Ordinances is amended to read
by adding the underlined language and deleting the st-rilfethrongh language:
Sec. 12-1. Environmental and public health regulations adopted by reference.
(a) Air quality environmental emissions. The city adopts and incorporates by reference
the air emissions standards adopted by the air quality division of the state pollution control agency as
Minn. Minnesota Rules Chapters 7011 and 7023, as amended. A copy of the regulations, together
with any applicable amendments, shall be marked "St. Louis Park --Official Copy" and shall be kept
on file in the office of the city clerk and open to inspection and use by the public.
(b) Food code. The city adopts and incorporates by reference the food code adopted by
the state department of health and set forth in Minnesota Statutes Chapters 157 and 327 and
Minn..Minnesota Rules Chapter 4626 for Food, Beverage, Lodging and Food Manager Certification,
as amended. A copy of the regulations, together with any applicable amendments, shall be marked
"St. Louis Park --Official Copy" and shall be kept on file in the office of the city clerk and open to
inspection by the public.
(1) Permit required. A permit is required for installation of food and beverage equipment
regulated within the food code. The applicant shall complete an application and
submit detailed plans and specifications of proposed equipment for review by the
city.
(2) Fees. Permit fees shall be according to the official city fee schedule, set forth in
appendix A, as approved and revised by the city council resolution. Fees must be paid
prior to a permit being issued.
(3) Permit term. Permits will expire if the work is not completed and approved within
180 days of issuance.
Ordinance No. 2381-10 -18-
(4) Grease traps. Each food establishment with potential for grease to enter building
plumbing and city sanitary sewer systems must install and maintain grease trap(s) in
accordance with Minnesota Plumbing Code
(c) Public swimming pools. The city adopts and incorporates by reference the rules
establishing operation and maintenance, design, installation and construction standards for public
pools and facilities related to them adopted by the state department of health as Minnesota Statutes
Section 144.1222 and Minn. Minnesota Rules Chapter 1717 4717.0150 to 4717.3970, as amended. A
copy of the regulations, together with any applicable amendments, shall be marked "St. Louis
Park --Official Copy" and shall be kept on file in the office of the city clerk and open to inspection by
the public.
(1) Permit required. A permit is required for installation of swimming pools, hot tubs and
spas. The applicant shall complete an application and submit detailed plans and
specifications of the proposed pool and related equipment for review by the city.
(2) Fees. Permit fees shall be according to the official city fee schedule, set forth in
appendix A, as approved and revised by city council resolution. Fees must be paid
prior to a permit being issued.
(3)
Permit term. Permits will expire if the work is not completed and approved within
180 days of issuance.
(d) Lodging establishments. The city adopts and incorporates by reference the rules
regulating lodging establishments adopted by the state department of health as Minn: Minnesota
Rules 442-570400-462-5,2-3-54 4625.0100 to 4625.2300, as amended. One copy of the regulations
shall be marked "St. Louis Park --Official Copy" and shall be kept on file in the office of the city
clerk and open to inspection by the public.
Section 10.. This Ordinance shall take effect fifteen days after its publication, except for the
p ov ons relating to Massage Therapist Licenses which shall be effective July 1, 2010.
Revi - - d for Administration:
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Attest:
Adopt - • by the City Council April 5, 2010
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Mayo
Approved as to form and execution:
A tAii
Ci Attorney
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Doc No A9502167
110 11111111 „.,-
Certified filed and/or recorded on
4/16/10 10 00;AM
Office of the Coty Recorder
Hennepin County, Minnesota
Michael H Cunniff, County Recorder
Jill L Alverson,'County Auditor and Treasurer
Deputy 55
Doc Name:/Ordinance
Document Recording Fee
Pkg ID 618779
$46 00
Document Total
This cover sheet is now a permanent part of the recorded document
$46 00