Subd. 1. Compliance Required. It shall be unlawful for any person either directly or indirectly to engage in any act or business, or to use in connection therewith any vehicle, premises, machine or device, in whole or in part, for which a license or permit is required by any provision of this Chapter or any other law of this municipality, without a license or permit therefor being first procured and kept in effect at all times as required.

Subd. 2. Enforcement. It shall be the duty of the Sauk Rapids Police Department to require any person seen or engaged in any act or business that requires a license or permit, and who is not known by such officer to have obtained a license hereunder, to produce said license and to enforce the provisions of this Chapter against any person found to be violating the same.

Subd. 3. One Act Constitutes Doing Business. For the purpose of this Chapter any person shall be deemed to be engaged in any act or business for which a license or permit is required, and thus subject to the requirements of this Chapter when he or she does one act of:

A. Selling any goods or service for which a license or permit is required.

B. Soliciting for money or offering goods or services in return for donations.

C. Acquiring or using any vehicle or any premises in this municipality for such business purposes.

Subd. 4. Applications Generally. All applications shall be made as follows:

A. All applications shall be made at the office of the City Clerk upon forms provided by the City.

B. All such applications must be completed in their entirety sworn to, signed and include, but not limited to, the following information:

1. Applicant's name, address and length of time he has lived at that address.

2. Applicant's business and length of time so engaged.

3. Type of license and location of premises for which application is made.

4. Unpaid and delinquent water or sewer bills, taxes or special assessments not being paid in annual installments.

5. Such other information required by the licensing section of this Chapter or as the Council shall deem necessary considering the nature of the business for which license application is made.

C. It is unlawful for any applicant to intentionally make a false statement or omission upon any application form. Any false statement in such application, or any omission of any information called for on such application form shall, upon discovery of such falsehood, be grounds for denial, or if already issued, shall be grounds for revocation.

D. Applications for renewal licenses may be made in such abbreviated form as provided by the City.

Subd. 5. Bond-Insurance. Every applicant for any permit, license or transfer of a license to be issued or granted by this municipality at the time of filing such application, shall file with the application, any bonds, insurance policy or certificate therefore, and certified copy of a state license, if such are required for such license.

Subd. 6. Fees. Except as otherwise specifically stated in the sections for specific licenses or permits, the fees for the various licenses, permits and transfers shall be in the sum determined by resolution of the City Council and paid to the City Clerk.

Subd.7. No Split Fee. The fee for each license issued shall be paid in full amount and no reduction in the amount of the fee shall be made because part of the license year has elapsed prior to the date the license is issued, unless specifically stated.

Subd. 8. Permit Fee Doubled. Should any person, firm or corporation begin any construction, installation, alteration or repair for which a permit is required, without having secured the necessary permit therefor, either previous to or during the day of the commencement of any such work, or on the next succeeding day when such work is commenced on a Saturday afternoon or on a Sunday or Holiday, he shall, when subsequently securing such permit be required to pay double the fee provided for such permit, and shall be subject to all the penal provisions of this code.

Subd. 9. Procedure for Issuance of Licenses.

A. On receipt of an application for any license or permit, the Clerk shall, when necessary, transmit the same to the Chief of Police or other person responsible therefor, who shall cause investigation to be made of the qualifications of the applicant. The Clerk shall determine whether the applicant has complied with all requirements of the section under which the license or permit is to be issued and which requirements are prerequisites to the issuance of the license.

B. Unless the section pursuant to which the license or permit is to be issued requires issuance by the Council, the Clerk shall issue it upon determination that such prerequisites have been complied with; but if he shall have determined that such prerequisites have not been complied with, he shall deny the application for issuance of the license.

C. If any section shall require issuance of a license by the Council, the Clerk shall refer the application, together with a report stating the applicant complies with the requirements of this Chapter to the Council. The Council shall thereupon consider the report and findings and may grant or deny the license.

D. The applicant for any license which has been denied by the Clerk may appeal the decision of the Clerk to the Council by filing, with the Clerk within 10 days after receipt of notice of such denial, a request for review by the Council of such determination by the Clerk. The Clerk shall thereupon refer said request to the Council at its next regular meeting, at which time the Council shall hear the applicant and review the determination of the Clerk and may grant or deny such license.

E. Upon determination of the Clerk or Council that a license shall be issued, the Clerk shall issue the license certificate in duplicate under the seal of this municipality and deliver one copy to the applicant and retain the other in the license book as a part of the records of the municipality.

F. All applications shall be in accord with the requirements of this Chapter unless different or contrary for a particular license, permit or section, or as may be required by State Law.

Subd. 10. License Period. All permits, licenses or transfers issued under the provisions of this Chapter shall terminate on the last day of December of each year unless a different termination with respect to specific licenses shall be specifically provided in these sections with respect to such permit, license or transfer unless sooner revoked or determined by due authority of law. All licenses for amusements or other performance, or temporary beer, issued for a specific number of days and all other licenses granted for a specific number of days shall expire as therein specified.

Subd.11. Renewal License Procedure. Applications for renewal of any license shall be made to the Clerk on the forms provided, and such additional information as the Clerk or Council shall require.

Subd.12. Duplicate and Replacement License Procedure. A duplicate license, permit or tag shall be issued by the Clerk to replace any license permit tag previously issued which has been lost, stolen, defaced or destroyed, without any willful conduct on the part of the licenses, upon the filing by the licensee attesting to such fact and paying to the Clerk the required fee.

Subd. 13. Rebate of Fee. No rebate or refund of any license fee or part thereof shall be made by reason of non-use of such license, or by reason of a change in location of business rendering the use of such license ineffective, provided that the Clerk shall have the authority to refund a license fee collected through an error, or in cases where the application is denied by the Clerk or the Council.

Subd. 14. Duties of Licensee. Every licensee and permittee under any provision of this Chapter or other regulations of this municipality shall have the duties set forth as follows:

A. Permit Inspection. Permit all reasonable inspections of his or her business and examinations of his or her books and records that pertain to such license or permit by City authorities.

B. Comply With Governing Law. Ascertain and at all times comply with all

laws, city codes and regulations applicable to such business.

C. Cease Business. Refrain from operating the licensed business after expiration

of his license or permit and during the period his license or permit is revoked or suspended.

D. License Displayed. All license, tags, plates, or other method of identification

authorized by this Chapter or other regulations of the City shall be kept on display at a conspicuous place on the licensed premises, vehicle, or device or where neither premises, vehicle or device are licensed, on the person of the licensee, or at the place of business of the licensee.

E. Unlawful Possession. Not loan, sell, give, or assign to any other person or to

allow any other person to use or display or to have in another's possession any

license or insignia which has been issued to such licensee.

F. Pay Taxes Special Assessments and Water and Sewer Bills. Pay prior to

date penalty attaches for non-payment, all water and sewer bills, special

assessment and real and personal property taxes levied against real and personal

property owned by the licensee and used in the licensed business.

Subd. 15. Change of Location of Licensed Premises. A licensee or permittee shall not have the right to change the location of the licensed premises except upon the approval of the Clerk if the license shall be issued by the Clerk or upon the approval of the Council if the license shall be issued by the Council.

Subd. 16. Transfer of License. No licensee shall have the right to transfer his or her license to any other person unless specifically authorized by this Chapter or pursuant to the specific provisions under which the license was issued.

Subd. 17. Revocation of License or Permit. At any time that the Clerk, Police Officer, or other City official shall determine that any person licensed under this Chapter or other regulation of this municipality shall have failed to comply with any requirement of the law or with any provision of this Chapter, the official shall notify said licensee in writing of such violation; such notice to be delivered by the U.S. Mail or personally, and deposit of the notice in the U.S. Mail, addressed to the address stated on the license application, shall constitute service of the notice. If such person cannot be otherwise found, the notice may be posted on the premises licensed. The notice shall require compliance with the provision of law, code or regulation specified within a reasonable time to be specified. Upon expiration of said time, unless the licensee shall have requested a hearing in writing, the Clerk, in the event that the license involved shall have been issued by the Clerk, may terminate the license, or in the event that the license has been issued by the Council, the Clerk shall report the matter to the Council and the Council may thereafter terminate such license, subject to compliance with Subd.

Subd. 18. Hearing. In the event that a hearing is requested by the licensee the Clerk shall set a time for such hearing not less than 10 days and not more than 20 days after request, at which time the Council shall hear all testimony offered by the licensee, and shall inform the licensee of all information upon which alleged violation of law by the licensee has been determined. On completion of such hearing, the Council may make a final order suspending or terminating the license in question.

SECTION 4.02 AMUSEMENTS AND SPECIAL EVENTS

Subd. 1. License Required. No person, firm or corporation without first securing a license therefore, shall give, or maintain or exhibit in this municipality, any theatrical or musical performance, fair, display, exhibit, parade, circus, trade or auto show, carnival, race, merry-go-round, or combination thereof or similar amusements which are conducted in a public place or on any private premises accessible to the public, with or without an admission fee.

Subd. 2. Fees. Each application shall be accompanied by the required license fee as duly set by the Council from time to time; provided, however, no license fee shall be required on a bona fide, non-profit charitable organization presenting or sponsoring a community show or celebration at their own expense and such licenses shall be issued by the Clerk without fee, only after approval of the show or celebration and sponsoring organization by the Council.

Subd. 3. Application. Application for an Amusement License shall be made to the Clerk and shall state the nature of the entertainment and the time and place thereof, shall include proof that the applicant has obtained insurance for the event or amusement, and shall include a site plan generally depicting the event or amusement.

Subd. 4. Separate Licenses. No extra license shall be required for side shows or concerts where the same are bona fide under the same management and ownership as the greater show.

Subd. 5. Immodest and Immoral Exhibitions Prohibited. No licensee or other person shall show, display, present, nor take part in any attraction or exhibition of an immodest, immoral or obscene character as determined by the City Council. The presenting of any such performance shall be grounds for revocation of a license held hereunder and shall be considered a violation of this chapter.

Subd. 6. Alcoholic Beverages. No alcoholic beverages shall be provided at any event or amusement unless the licensee is eligible to obtain and does first obtain a temporary license from the City in accordance with Section 4.18A of the City Code, or unless the alcoholic beverages are provided by a licensed caterer or other person or organization permitted to provide alcoholic beverages by application of State law or other City ordinance. The applicant shall inform the City if alcoholic beverages are to be provided at the event or amusement and in such case, the City may impose any conditions or restrictions it deems necessary to secure public safety and order.

Subd. 7. Rubbish and Litter. No event or amusement shall permit any accumulation of rubbish or litter upon any streets or grounds used by it and shall, at its own expense, remove all rubbish or litter necessary or occasioned by such show, so that all street and ground used by it shall be kept free and clear of rubbish and litter.

Subd. 8. Contract for Police Services; Background Investigation

A. Contract for Police Services. A contract for police services shall be required for any event or amusement obtaining a license under this Section, when it appears that the event or amusement may be attended by 300 or more persons at any given time during the event, or as may be deemed necessary by the Chief of Police. The number of hours a Police Officer must remain on site during the duration of the event shall be determined by the Chief of Police. The fees shall be based on the actual costs of providing police services. A deposit of $500 for police services shall be paid at the time the license is issued.

B. Background Investigation. Upon initial application for an amusement or special event permit, the applicant shall pay, with his/her application, an investigation fee as set forth in the City Fee Schedule. The City shall conduct a preliminary criminal background investigation of the applicant. If an investigation outside the state is required, the applicant shall be charged the cost not to exceed $10,000. The City may require the applicant deposit an amount it deems adequate prior to commencing the out-state investigation. Upon completion of the out-state investigation any remaining funds will be returned to the applicant. The fee shall be payable by the applicant whether or not the license is granted. The City may conduct the background investigation itself or contract with the commissioner of public safety for this service. No amusement or special event permit shall be issued if the results of the background investigation show, to the satisfaction of the Council, that issuance, transfer or renewal would not be in the public interest.

C. Investigation Authorized. Pursuant to Minnesota Statutes, Section 13.87, the Sauk Rapids Police Department is authorized to conduct criminal history background investigations for amusement or special event permit applicants using Minnesota Computerized Criminal History data (purpose code E). Access to federal or interstate indexes for these purposes is expressly prohibited. Before the background investigation is begun, the applicant must authorize the police department in writing to undertake the investigation and to release the information to the City Council, City Administrator, and/or other appropriate City staff as necessary. Questioned identity situations may occur. Fingerprint verification will be allowed for cases where it is not clear if a record based on a name and date of birth search accurately corresponds to the subject of the inquiry.

D. Notice. If the City rejects an application made pursuant to this Section, the City Administrator shall, within 14 days, notify the applicant in writing of the following:

(1) the grounds and reason(s) for denial;

(2) a list of deficiencies that, when corrected, would allow a reconsideration of the license application; and

(3) any appeal process(es) available to the applicant for reconsideration of the license request.

Subd. 9. Tents and Canopies. For any event or amusement obtaining a license under this Section that will utilize a tent, 200 square feet or more in size, or a canopy, 400 square feet or more in size, as part of the event or amusement, the tent or canopy shall be inspected and approved by the City's Fire Marshal before the event or amusement is open to the public. The fee for inspecting such tent or canopy shall be set forth in the City's Fee Schedule.

Subd. 10. Closing Hours. No licensee shall give or maintain, or exhibit a licensed event or amusement after one o’clock a.m. or before eight o'clock a.m. of any day.

SECTION 4.03 ANIMALS - OTHER THAN DOGS OR CATS

This section has been repealed. See Section 4.10

SECTION 4.04 AUCTION HOUSES

Subd. 1. Intent and Definitions.

A. This section requires a license to operate a commercial auction house, and requires registration for all auctioneers who function at a commercial auction house.

B. It is the intention of this section that no persons or business shall sell or offer for sale at public auction any property, article or thing within the corporate limits of this municipality, without first obtaining an auction license under and pursuant to the provisions of this Chapter.

C. It is the express purpose of this section to exempt from municipal licensing requirements, auctions conducted by auctioneers when conducted on the premises of a private party for auctioning of merchandise owned by that private party for at least (6) months.

D. It is further provided that sales made by the virtue of legal process, or otherwise exempt by Minnesota Statute, shall be exempt from the provisions of this section.

E. A commercial auction house is hereby defined as one where the auction is held within a commercial structure or other building or site. Said site may include a parcel of property on which is sold merchandise transported in for sale from a semi-trailer truck or tent or other such appurtenances. This shall be distinguished from a private party sale, of merchandise owned by private individuals for six (6) months or longer. The reason for the distinction between types of auctions in this section is that commercial auction houses have been demonstrated to be of such a nature that stolen goods may be disposed of in the course of the business operation. For this reason, this section provides for inspection of the goods, wares, and merchandise on the premises by the Police Department.

Subd. 2. Auctioneers shall provide evidence that they are licensed by the State of Minnesota and in compliance with M.S. Chapter 330.

Subd. 3. Bonds. A surety bond in the amount of at least $1,000.00 shall be executed and filed with the Sauk Rapids City Clerk before the auction license is issued. The Bond so supplied may be the same as that provided to the county under M.S. Chapter 330.

Subd. 4. Insurance. The applicant/licensee is required to have in full force and effect, a policy of liability insurance. The liability insurance policy shall provide that it is noncancellable without twenty (20) days notice to the City of Sauk Rapids, and the coverage shall be for at least the term of the license. Each license under this Section shall terminate upon termination of the required insurance coverage, or earlier as provided by this Section. Unless otherwise provided, a required liability insurance policy shall provide for protection in at least the sum of $300,000 for injury and for property damage.

Subd. 5. Fees. The auction license fee shall be in the sum determined by Council Resolution. There will be no fee charged for the auctioneer registration.

SECTION 4.05 BEER, NON-INTOXICATING MALT LIQUOR

Subd. 1. Definitions.

A. "Non-intoxicating malt liquor" shall mean any potable malt beverage with an alcoholic content of more than one-half of one percent by volume and not more than three and two-tenths per cent by weight.

B. A "bona fide club" as used herein shall be any club organized for social or business purposes, or for intellectual improvement, or for the promotion of sports, where the serving of such liquors is incidental to and not the major purpose of the club.

C. "Original package" as used herein shall mean the bottle or sealed container in which the liquor is placed at the place of manufacture.

D. "Cafe" or "Restaurant" as used in this Chapter shall mean any place where preparing and serving lunches or meals to the public to be consumed on the premises constitute the major business thereof.

Subd. 2. License Required - Kinds.

A. No person shall sell, vend, deal in or dispose of, by gift, sale or otherwise, or keep or offer for sale, any non-intoxicating malt liquor within this City without first having received a license therefor as hereinafter provided. Licenses shall be of two kinds: "On-Sale" and "Off-Sale".

SECTION 4.05A. BILLBOARDS AND OFF-PREMISE SIGNS (See Also Chapter 10, Zoning)—

This Section Repealed See Section 10.16

SECTION 4.06 BINGO, THE GAME OF

Subd. 1. Provisions Of State Law. The provisions of M.S. Chapter 349 relating to the definition of terms, licensing and restrictions of bingo are adopted and made a part of this Section as if set out in full.

Subd. 2. License Required. Except as otherwise provided in this Section, no bingo occasion shall be conducted by an eligible organization which has secured a license for that purpose.

Subd. 3. Application.

A. Form. Application forms shall be completed and signed by an authorized officer of the organization and shall name a bingo manager who shall be designated by resolution or other official action of the organization and who shall be responsible for supervision of bingo occasions. Application forms shall be submitted to the Minnesota Charitable Gambling Control Board.

B. Bond. Each application for license shall be accompanied by a fidelity bond given by the bingo manager in the sum of $10,000.00 in favor of the organization, which bond shall provide that notice shall be given in writing to the City of Sauk Rapids not less than thirty (30) days prior to cancellation. The City Council may waive the bond requirement only by unanimous vote of the Council.

Subd. 4. Approval of Licenses. No license shall be approved unless the application form is endorsed by the Building Official, the Fire Chief, and the Chief of Police and their concurrence indicated thereon. The Council shall act upon all license applications within 21 days of the date notification is received by the Charitable Gambling Control Board. In the event the City Council adopts a resolution disapproving the license, the Council shall so inform the Charitable Gambling Control Board within thirty (30) days of receiving notice of the license request.

Subd. 5. Exception to License Requirement. An organization may conduct bingo without complying with the requirement of this Section if conducted:

A. In connection with a county fair conducted by a county agricultural society or association, or in connection with a civic celebration recognized by resolution by the City Council, provided that bingo is conducted for no more than 12 consecutive days in any calendar year; or

B. By an organization that conducts less than five bingo occasions in any calendar year.

Subd. 6. Conduct of Bingo.

A. Each licensed organization shall appoint a bingo manager to supervise bingo occasions conducted by it. The bingo manager must be a member of the licensed organization, with dues paid for the current membership period, and must have been a member of the organization for at least two years. Each bingo occasion shall be conducted under the direct supervision of the bingo manager, who shall be responsible for the conduct of the bingo occasion in compliance with all applicable laws and regulations. No person shall act as bingo manager for more than one organization.

B. One or more checkers shall be engaged for each bingo occasion. The checkers shall be active members of the licensed organization or spouses of active members of the licensed organization. The checker or checkers shall record the number of cards purchased and played in each game prior to the completion of each game and record the prizes award to the recorded cards. Each checker shall certify all figures which he or she has recorded as accurate and correct to the best of his or her knowledge, on forms prescribed by the City Clerk.

C. Additional persons may be engaged for other duties in connection with bingo occasions as needed, but no person shall assist in the conduct of a bingo occasion who is not an active member of the licensed organization, or the spouse of an active member of the licensed organization.

D. No more than 104 bingo occasions each year or two bingo occasions each week shall be conducted by any licensed organization.

E. A bingo occasion shall not continue for more than four consecutive hours.

Subd. 7. Bingo on Leased Premises.

A. Any person, corporation, or eligible organization, which leases any premises that it owns to two or more eligible organizations for purposes including the conduct of bingo occasions, shall not allow more than four bingo occasions to be conducted on the premises in any week.

B. Any eligible organization which leases any premises to one or more other eligible organizations for purposes including the conduct of bingo occasions shall use the proceeds of the rental, less reasonable sums for maintenance, furnishings and other necessary expenses, only for the uses for which bingo profits may be used, as set out in Subd. 12 of this Section. Not less than once each year the lessor organization shall report to the City Council the disposition of all receipts which it has received during the reporting period from the rental of its facilities to other organization for purposes including the conduct of bingo occasions.

C. No eligible organization shall conduct bingo on any leased premises without a written lease for a term at least equal to the remainder of the term on the bingo license of the lessee organization. Lease payments shall be at a fixed monthly rate, or rate per bingo occasion, not subject to change during the term of the lease. No such lease shall provide that rental payments be based on a percentage of receipts or profits from bingo occasions.

D. No person or organization shall conduct, nor shall any person or organization permit to be conducted on premises owned or leased by him, more than one bingo occasion, or a bingo occasion and the operation of gambling devices or a raffle, at the same time.

Subd. 8. Prizes.

A. Prizes for a single bingo game shall not exceed $100.00 except prizes for a game of the type commonly known as a "cover-all" game. "Cover-all" prizes may exceed $100.00 provided that the aggregate value of such prizes for a bingo occasion shall not exceed $500.00. The aggregate value of prizes for a bingo occasion shall not exceed $2,500.00 except that in the case of a bingo occasion during which a "cover-all" game is played for a maximum prize of more than $100.00 but less than $500.00, the aggregate value of prizes for the bingo occasion shall not exceed $3,000.00. Merchandise prizes shall be valued at fair market retail value.

B. Each bingo winner shall be determined and every prize shall be awarded and delivered the same day on which the bingo occasion is conducted.

Subd. 9. Records.

A. Each licensed organization shall keep records of its gross receipts and profits for each bingo occasion. All deductions from gross receipts from a bingo occasion shall be documented with receipts or other records. The distribution of profits shall be itemized as to payee, amount, and date of payment. Records required by this Section shall be preserved for three years.

B. Gross receipts shall be compared to the checkers' records for the bingo occasion by a person who did not sell cards for the bingo occasion. If a discrepancy exceeding $20.00 is found between the amount of gross receipts for a bingo occasion as determined by the checkers' records, and the amount of gross receipts as determined by totaling the cash receipts, the discrepancy shall be reported to and investigated by the Council.

C. Bingo gross receipts shall be segregated from other revenues of an organization and placed in a separate account. Each organization shall maintain separate records of its bingo operations. The person who accounts for bingo gross receipts and profits shall not be the same person who accounts for other revenues of the licensed organization except gambling revenues.

Subd. 10. Reports.

A. Each licensed organization shall report monthly to its membership its gross receipts from bingo, its profits from bingo, and the distribution of those profits itemized as required by Subd. 12.

B. At the time of making its first license application under this Section, and on an annual basis thereafter, each licensed organization shall file with the Council copies of the following:

a. The most recently filed Department of the Treasury, Internal Revenue Service, "Return of Organization Exempt from Income Tax", Form 990, or a comparable form if the organization is required to file the form with the Department of the Treasury.

b. The most recently filed Department of the Treasury, Internal Revenue Service, "Exempt Organization Business Income Tax", Form 990-T, or a comparable form if the organization is required to file the form with the Department of the Treasury.

c. A "Statement of Bingo Operations". All information contained in the statement shall be true, correct, and complete to the best of the knowledge of the person or persons signing the statement.

d. Any lease agreements required by this act, executed by the organization in regard to premises leased for the conduct of bingo.

C. No person shall knowingly make a false statement in any report required by this Section.

Subd. 11. Use of Bingo Receipts. No expense shall be incurred or amounts paid in connection with the conduct of bingo, except those reasonably expended for bingo supplies and equipment, prizes, rent, or utilities used during the bingo occasion, bingo license fees, and compensation to persons lawfully hired to conduct or assist in conducting a bingo occasion.

Subd. 12. Use of Bingo Profits. Profits from any bingo occasion shall be expended only as authorized by a resolution recorded in the official minutes at a regular meeting of the licensed organization and only for one or more of the following purposes:

A. Benefiting persons by enhancing their opportunity for religious or education advancement, by relieving or protecting them from disease, suffering, or distress, by contributing to their physical well-being, by assisting them in establishing themselves in life as worthy and useful citizens, or by increasing their comprehension of and devotion to the principles upon which this nation was founded.

B. Initiating, performing or fostering worthy public works or enabling or furthering the erection or maintenance of public structures.

C. Lessening the burdens borne by government or voluntarily supporting, augmenting, or supplementing services which government would normally render to the people.

D. The improving, expanding, maintaining, or repairing of real property owned or leased by the licensed organization.

E. Profits from bingo occasions shall not be expended for the erection or acquisition of any real property, unless the City Council specifically authorizes the expenditures after finding that the property will be used exclusively for one or more of the purposes specified in this Section.

SECTION 4.07 TOBACCO SALES

Subd. 1. Purpose. Because the City recognizes that many persons under the age of twenty-one (21) years purchase or otherwise obtain, possess, and use tobacco, tobacco products, and tobacco related devices, and such sales, possession, and use are violations of both State and Federal laws and because smoking has been shown to be the cause of several serious health problems which subsequently place a financial burden on all levels of government, this ordinance is intended to regulate the sale, possession, and use of tobacco, tobacco products, and tobacco related devices for the purpose of enforcing and furthering existing laws, to protect minors against the serious effects associated with the illegal use of tobacco, tobacco products, and tobacco related devices, and to further the official public policy of the State of Minnesota in regard to preventing young people from starting to smoke as stated in Minn. Stat. §144.391. The City also recognizes similar concerns related to minors and electronic-smoking devices that are only minimally regulated by State and Federal laws, and has determined that the same City regulations that apply to traditional tobacco products should also apply to electronic smoking devices.

Subd. 2. Definitions and Interpretations. Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. The singular shall include the plural and the plural shall include the singular. The masculine shall include the feminine and neuter, and vice-versa. The term “shall” means mandatory and the term "may" means permissive. The following terms shall have the definitions given to them:

A. Tobacco or Tobacco Products. "Tobacco" or “Tobacco products" shall mean any substance or item containing tobacco leaf, including but not limited to, cigarettes; cigars; pipe tobacco; snuff; fine cut or other chewing tobacco; and other kinds and forms of tobacco leaf prepared in such manner as to be suitable for chewing, sniffing, or smoking.

B. Tobacco Related Devices. "Tobacco related devices" shall mean any tobacco product as well as a pipe, rolling papers, or other device intentionally designed or intended to be used in a manner which enables the chewing, sniffing, or smoking of tobacco or tobacco products; electronic cigarettes, electronic cigars, electronic pipes, electronic vaping devices, personal vaporizers, electronic nicotine delivery systems, or any other kind of electronic smoking device that can be used to deliver nicotine or any other substance to the person inhaling from the devices; and liquid, vapor, juice, fluid, solution, or cartridge used in electronic smoking devices.

C. Self-Service Merchandising. “Self-Service Merchandising" shall mean open displays of individually packaged tobacco, tobacco products, or tobacco related devices in any manner where any person shall have access to the individually packaged tobacco, tobacco products, or tobacco related devices, without the assistance or intervention of the licensee or the licensee's employee. The assistance or intervention shall entail the actual physical exchange of the individually packaged tobacco, tobacco product, or tobacco related device between the customer and the licensee or employee. Self-service merchandising shall not include vending machines or the sale of cartons or other packaging containing more than a single pack.

D. Vending Machine. "Vending Machine" shall mean any mechanical, electric or electronic, or other type of device which dispenses tobacco, tobacco products, or tobacco related devices upon the insertion of money, tokens, or other form of payment directly into the machine by the person seeking to purchase the tobacco, tobacco product or tobacco related device.

E. Individually packaged. "Individually packaged" shall mean the practice of selling any tobacco or tobacco product wrapped individually for sale. Individually wrapped tobacco and tobacco products shall include, but not be limited to, single cigarette packs, single bags or cans of loose tobacco in any form, and single cans or other packaging of snuff or chewing tobacco. Cartons or other packaging containing more than a single pack or other container as described in this subdivision shall not be considered individually packaged.

F. Minor. "Minor" shall mean any natural person who has not yet reached the age of twenty-one (21) years.

G. Retail Establishment. "Retail Establishment” shall mean any place of business where tobacco, tobacco products, or tobacco related devices are available for sale to the general public. Retail establishments shall include, but not be limited to, grocery stores, convenience stores, and restaurants.

H. Compliance Checks. "Compliance Checks” shall mean the system the City uses to investigate and ensure that those authorized to sell tobacco, tobacco products, and tobacco related devices are following and complying with the requirements of this ordinance. Compliance checks shall involve the use of minors as authorized by this ordinance. Compliance Checks shall also mean the use of minors who attempt to purchase tobacco, tobacco products, or tobacco related devices for educational, research and training purposes as authorized by State and Federal laws. Compliance checks may also be conducted by other units of government for the purpose of enforcing appropriate Federal, State, or local laws and regulations relating to tobacco, tobacco products, and tobacco related devices.

Subd. 3. License. No person shall sell or offer to sell any tobacco, tobacco products, or tobacco related device without first having obtained a license to do so from the city.

A. Application. An application for a license to sell tobacco, tobacco products, or tobacco related devices shall be made on a form provided by the City. The application shall contain the full name of the applicant, the applicant's residential and business addresses and telephone numbers, the name of the business for which the license is sought, and any additional information the City deems necessary. If the designated City staff determine that an application is incomplete, the application shall be returned to the applicant with notice of the information necessary to make the application complete.

B. Action. The designated City staff may either approve or deny the license, or it may delay action for such a reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If City staff approve the license, the City shall issue the license to the applicant. If City staff denies the license, notice of the denial shall be given to the applicant along with notice of the applicant’s right to appeal to the City Council, and to appeal the Council’s decision.

C. Term. All licenses issued under this ordinance expire annually on December 31 and must be renewed.

D. Revocation or Suspension. Any license issued under this ordinance may be revoked or suspended as provided in the Violations and Penalties section of this ordinance.

E. Transfers. All licenses issued under this ordinance shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. No transfer of any license to another location or person shall be valid without the prior approval of the council.

F. Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premises.

G. Renewals. The renewal of a license issued under this section shall be handled in the same manner as the original application. The request for a renewal shall be made at least thirty days but no more than sixty days before the expiration of the current license. The issuance of a license issued under this ordinance shall be considered a privilege and not an absolute right of the applicant and shall not entitle the holder to an automatic renewal of the license.

Subd. 4. Fees. No license shall be issued under this ordinance until the appropriate license fee shall be paid in full. The fee for a license under this ordinance shall be paid in accordance with Resolution No. 84-4, as amended, which sets the fee for all licenses and permits.

Subd. 5. Basis for Denial of License. The following non-exclusive list shall be grounds for denying the issuance or renewal of a license under this ordinance; however, the existence of any particular ground for denial does not mean that the City must deny the license. 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:

A. The applicant is under the age of twenty-one (21) years.

B. The applicant has been convicted within the past five years 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.

C. The applicant has had a license to sell tobacco, tobacco products, or tobacco

related devices revoked within the preceding twelve months of the date of

application.

D. The applicant fails to provide any information required on the application, or

provides false or misleading information.

E. The applicant is prohibited by Federal, State, or other local law, ordinance, or

other regulation, from holding such a license.

Subd. 6. 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:

A. To any person under the age of twenty-one (21) years.

B. By means of any type of vending machine, except as may otherwise be provided in this ordinance.

C. By means of self-service methods whereby the customer does not need to make a verbal or written request to an employee of the licensed premise in order to receive individually packaged tobacco, tobacco product, or tobacco related device and whereby there is not a physical exchange of the individually packaged tobacco, tobacco product, or tobacco related device between the licensee or the licensee's employee, and the customer.

D. By any other means, to any other person, on in any other manner or form prohibited by Federal, State, or other local law, ordinance provision, or other regulation.

Subd. 7. Vending Machines. It shall be unlawful for any person licensed under this ordinance to allow the sale of tobacco, tobacco products, or tobacco related devices by the means of a vending machine unless minors are at all times prohibited from entering the licensed establishment.

Subd. 8. Self-Service Sales. It shall be unlawful for a licensee under this ordinance to allow the sale of individually packaged tobacco, tobacco products, or tobacco related devices by any means whereby the customer may have access to such items without having to request the item from the licensee or the licensee's employee and whereby there is not a physical exchange of the individually packaged tobacco, tobacco product or the tobacco related device between the licensee or his or her clerk and the customer unless minors are at all times prohibited from entering the licensed establishment and/or the store generates more then 90% of its revenue from the sale of tobacco or tobacco products. All individually packaged tobacco, tobacco products, and tobacco related devices shall either be stored behind a counter or other area not freely accessible to customers, or in a case or other storage unit not left open and accessible to the general public. Any retailer selling individually packaged tobacco, tobacco products, or tobacco related devices at the time this ordinance is adopted shall comply with this Section within 30 days following the effective date of this ordinance. Self-service sales do not include the sale of cartons or other packaging containing more than a single pack or unit of tobacco.

Subd. 9. Responsibility. All licensees 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 premises, and the sale of such an item by an employee shall be considered a sale by the license holder. Nothing in this section shall be construed as prohibiting the City from also subjecting the clerk to whatever penalties are appropriate under this Ordinance, State or Federal law, or other applicable law or regulation.

Subd. 10. Compliance Checks and Inspections. All licensed premises shall be open to inspection by the city police or other authorized city official during regular business hours. From time to time, but at least once per year, the city shall conduct compliance checks by engaging, with the consent of their parents or guardians, minors over the age of fifteen (15) years but less than twenty-one (21) years, to enter the licensed premise to attempt to purchase tobacco, tobacco products, or tobacco related devices. Minors used for the purpose of compliance checks shall be supervised by city designated law enforcement officers or other designated city personnel. Minors used for compliance checks shall not be guilty of unlawful possession of tobacco, tobacco products, or tobacco related devices when such items are obtained as a part of the compliance check. No minor used in compliance checks shall attempt to use a false identification misrepresenting the minor's age, and all minors lawfully engaged in a compliance check shall answer all questions about the minor's age asked by the licensee or his or her employee and shall produce any identification, if any exists, for which he or she is asked.

Subd. 11. Other Illegal Acts. Unless otherwise provided, the following acts shall be a violation of this ordinance.

A. Illegal Sales. It shall 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.

B. 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.

C. 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.

D. 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. This subdivision shall not apply to minors lawfully involved in a compliance check.

Subd. 12. Violations.

A. Notice. Upon discovery of a suspected violation, the alleged violator shall be issued, either personally or by mail, a citation that sets forth the alleged violation and which shall inform the alleged violator of his or her right to be heard on the accusation.

B. Hearings. If a person accused of violating this ordinance so requests, a hearing shall be scheduled, the time and place of which shall be published and provided to the accused violator.

C. Hearing Officer. The City Council shall serve as the hearing officer.

D. Decision. If the hearing officer determines that a violation of this ordinance did occur, that decision, along with the hearing officer’s reasons for finding a violation and the penalty to be imposed under Subd. 13 of this ordinance shall be recorded in writing, a copy of which shall be provided to the accused violator. Likewise, if the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, such findings shall be recorded and a copy provided to the accused violator.

E. Appeals. Appeals of any decision made by the hearing officer shall be filed in the district court for the city in which the alleged violation occurred.

F. Misdemeanor Prosecution. Nothing in this Section shall prohibit the City from seeking prosecution as a petty misdemeanor for any alleged violation of this ordinance. If the City elects to seek petty misdemeanor prosecution, no administrative penalty shall be imposed.

G. Continued Violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense.

Subd. 13. Penalties.

A. Licensees. Any licensee found to have violated this ordinance, or whose employee shall have violated this ordinance, shall be charged an administrative fine and or the license may be suspended as established in the City’s fee schedule.

B. Other Individual. Other individuals, other than minors regulated by subdivision 3 of this Subsection, found to be in violation of this ordinance shall be charged an administrative fine as established in the City’s fee schedule.

Subd. 14. 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 lawfully recognized religious, spiritual, or cultural ceremony. It shall be an affirmative defense to the violation of this ordinance for a person to have reasonably relied on proof of age as described by State law.

Subd. 15. Severability and Savings Clause. If any section or portion of this ordinance shall be found unconstitutional or otherwise invalid or unenforceable by a court of competent jurisdiction, that finding shall not serve as an invalidation or effect the validity and enforceability of any other section or provision of this ordinance.

SECTION 4.08 RESERVED

SECTION 4.09 DANCE HALLS

Subd. 1. Public Dance. Public Dance shall mean any dance wherein the public may participate by payment, directly or indirectly, for an admission fee or prize for dancing, or by a fee for a membership in a club, and shall include any manner of holding a dance which may be participated in by the public through the payment of money, directly or indirectly.

Subd. 2. License Required. No person, persons, partnership, club, committee, association, society or corporation, except as hereinafter provided, shall hold, conduct or give any dance or dances in any public dance hall within this municipality without first obtaining a license therefor, as provided herein and complying with all the terms and conditions of this Chapter and any license issued pursuant hereto.

Subd. 3. Application. The application shall be accompanied by an affidavit of two residents that the applicant is of good moral character and reputation in the community in which he lives and that the applicant has not been convicted of a violation of the dance laws of the State of Minnesota or the City of Sauk Rapids within the last five years.

Subd. 4. Inspection. The Building Inspector and Fire Chief shall check that the building where such a dance or dances is or are to be held complies with all the requirements and regulations to ventilation, toilet facilities, lighting facilities, and other regulations relating to the public health and safety.

Subd. 5. Exemptions. Any club, lodge, society, fraternal or religious organization not organized for profit, or municipality or school district, may hold, conduct and give a dance or dances without reference to the provisions of this Chapter requiring the making of an application for the issuance of a license and the payment of a license fee therefor.

Subd. 6. Hours of Operation. The Council, in issuing any permit for such a public dance, may fix the hours within which such dance may be held.

Subd. 7. Officer in Attendance. The licensee shall have in attendance at all such public dances, an officer of the law designated by the Chief of Police. The expenses of the officer must be paid in advance.

SECTION 4.10 ANIMAL CONTROL REGULATIONS

DOGS AND CATS

Subd.1. Rabies Vaccination. All dogs and cats harbored or maintained in the City shall be immunized against rabies by a licensed veterinarian. Immunization shall be kept up to date such that the animal shall receive booster shots prior to the expiration of the animal's last vaccination.

A violation of this Subdivision shall be punishable as a misdemeanor and subject to the maximum penalty as provided by law.

Subd. 2. Dogs Which Disturb The Neighbors. It shall be unlawful for any person, owner or keeper, to harbor or maintain any dog which habitually barks and disturbs the people in the locality where owned, kept or maintained. Habitually barking shall be defined as barking, howling, or whining for thirty (30) minutes without interruption. The Chief of Police or his representative may enter and remove any dog from its place of abode if the owner or keeper refuses to, or is unable to quiet the dog or move the dog to a place it will not be heard, after a warning from the Chief of Police or his representative.

Subd. 3. Dangerous or Vicious Dogs. It shall be unlawful to own or harbor any

dangerous or vicious dog. For the purpose of this subdivision, the terms “potentially dangerous dog” and “dangerous dog” have the meaning pre- scribed to them in Minnesota Statutes 347.50.

Complaints or incidents involving potentially dangerous dogs or danger-

ous dogs will be handled pursuant to the provisions found in state law,

notably Minnesota Statutes 347.50 through 347.55.

Any costs of the proceedings specified by this section shall be assessed

against the owner or custodian of the dog, if the facts in the complaint

are found to be true.

Subd. 4. Seizure of Dogs or Cats Found Running At Large. It shall be unlawful

and the duty of each peace officer or any person duly designated and

appointed by the Council to enforce the provisions of this section to

capture, seize and deliver to the keeper of a public pound, any dog or cat

found within this municipality owned, harbored or permitted to run at

large in violation of Subd. 9, if, in the sole discretion of the officer or person, the owner or custodian of the animal is not readily identifiable and capable of immediately taking custody of the animal.

Subd. 5. Notice of Impoundment. Upon such seizure and impoundage, it shall be

the duty of the animal control officer to publish a notice in two (2) public

places stating the time of seizure and impounding, the description of the

dog or cat so impounded, and the time within which said dog or cat shall

be disposed of as herein provided unless redeemed by the owner thereof. The public place may be an internet web page maintained either by a local animal control organization or the Police Department.

Subd. 6. Possession of Dog or Cat; How recovered. Any dog or cat so seized and

impounded may be redeemed by any person providing ownership of such dog or cat and by the payment of the required fees, after such seizure and impoundage. A redemption fee shall be paid to the police department, except that if the

impounded dog or cat had been previously impounded within this

municipality within the preceding twelve months, a redemption fee of an

increased amount shall be paid. In addition, a fee for each day or fraction

thereof that such dog or cat has been impounded shall be payable to the

Police Department. All such fees and charges shall be in the amount duly

approved by the Council from time to time. All costs and fees shall be a charge to the owner and immediately due and payable.

If the owner of any dog or cat seized or impounded under the provisions of this Section does not resume possession of said dog or cat in compliance with the foregoing provisions, within five days after the seizing and impounding thereof, he shall forfeit all rights and property in such dog or cat.

Subd. 7. Disposition of Unclaimed Dogs or Cats. At the expiration of five days

from the time a dog or cat is impounded as provided for in this Section, if

said dog or cat has not been reclaimed in accordance with the provisions

hereof, it shall be lawful to dispose of the animal by euthanasia in the most humane and approved manner or otherwise to dispose of said dog or cat. All costs and fees shall be chargeable to the owner and immediately due and payable.

Subd. 8. Any Person Harboring A Dog or Cat Shall Be Deemed Responsible. Any person owning or harboring a dog or cat for three consecutive days shall, for the purposes of this Section, be deemed the owner or custodian responsible for the provisions of this Section as they pertain to the care, maintenance and handling of such dog or cat.

Subd. 9. Running At Large. It shall be the obligation and responsibility of the

owner or custodian of any dog or cat in the City, whether permanently or

temporarily therein, to prevent any such dog or cat from being at any time on any street, boulevard, sidewalk, public park, school grounds, other public place, or upon the private property of another without the consent of the owner unless:

1. A rabies vaccination tag, that is proof of or can be used to

verify that the animal’s inoculation is current, is attached

to the collar on the animal;

2. The animal is effectively restrained by a leash or chain.

Subd 10. Removal and Disposal of Feces. Any person having custody or control

of any dog or cat on public or private property of another person shall

have the responsibility for immediately removing any feces of the animal

and disposal of such feces in a sanitary manner. Additionally, an owner must manage the feces and other bodily wastes from any animal in a timely and sanitary manner so as to prevent health risks, and must maintain an animal and the area where it is kept so as to prevent the detection of odors off the property that offend the senses of a reasonable person for more than one day. Any owner must take such steps as necessary to correct a violation within 48 hours of being provided written notice by the Police Department.

It shall furthermore be the duty of each person having the custody and control of any dog or cat -- unless the animal is a guide dog accompanying a blind person or a dog when used in police or rescue activities -- while off of the owner or custodian’s premises to have in their immediate possession a device or equipment such as a scoop and/or a plastic bag, for picking up and removing animal feces and shall use the device or equipment to immediately remove any feces deposited by their dog or cat.

Subd. 11. Quarantine Of Certain Dogs, Cats or Other Animals. Whenever any dog, cat

or animal has bitten any person or domestic animal, the owner or custodian of the

dog, cat or animal, upon being notified by the Police Department, will

immediately cause the dog, cat, or animal to be quarantined at the City Pound, or

by a veterinarian licensed to practice in the State of Minnesota and approved by

the Police Department, for a period of ten days after the bite by the dog, cat, or

animal. The Chief of Police or the Chief of Police’s designee may allow the owner to quarantine the animal if the animal proof of current rabies vaccination is provided. Within 24 hours of impoundment, a veterinarian will observe the animal and examine the animal if necessary to ascertain whether symptoms of rabies exist. If at the end of ten days the veterinarian diagnoses the dog, cat or animal to be free of the signs of rabies, the dog, cat or animal to be free of the signs of rabies, the dog, cat or animal will be released from quarantine. If the dog, cat or animal dies, its head will be sent to the appropriate state department or agency for examination for rabies. The owner of the dog, cat or animal is responsible for the cost of quarantine, examination by a veterinarian, and rabies testing.

Subd. 12. Exemption for Police K-9 Dogs and Service Animals. The provisions

of this Code shall not apply to police K-9 dogs utilized by law enforcement agencies within the corporate limits of the City of Sauk Rapids, nor to certified service dogs provided by bona fide sources.

Subd. 13. Limitation on Number of Dogs and Cats in Residential Areas. No more than two (4) dogs and four (4) cats, which must be licensed, may be kept, harbored or possessed on any premises within the City of Sauk Rapids.

Subd. 14. Kennels Permitted Pursuant to Zoning Ordinance. No person shall maintain a kennel within the City of Sauk Rapids except in a location permitted by the zoning ordinance.

For the purpose of this Section, a “kennel” is defined as any place, tract of land, building, abode, enclosure or vehicle wherein or whereupon dogs and/or cats are kept and maintained. For the purpose of this Section, “kennel” does not include a veterinarian licensed to practice in the State of Minnesota who keeps, congregates or confines dogs or cats in the normal pursuit of the practice of veterinary medicine. “Kennel” also does not include a pound owned and operated by any political subdivision of the State or providing pound services under contract or agreement with any political subdivision of the State.

Subd. 15. Annexation.

Any person whose property has been annexed into the City and who keeps, harbors or possesses any number of dogs or cats will have six (6) months from the annexation date to register and license the dogs and cats without penalty, to provide ample opportunity to obtain necessary immunizations and to make other arrangements (if desired). Any person whose property has been annexed who keeps, harbors or possesses more than four (4) dogs or four (4) cats at the time of annexation shall reduce the number of animals kept or harbored by them through attrition, which includes but is not limited to: (1) the death of the animal(s); (2) the sale of the animal(s); (3) the voluntary removal of the animal(s), to ultimately come into compliance with Subdivisions 18 and 19 of this ordinance.

Subd. 16. Violation

Any violation of section 410 Animal control is punishable as a misdemeanor.

NON-DOMESTICATED ANIMALS

Subd. 17. Non-domesticated Animals. Except as otherwise provided in this Section, it shall be unlawful for any person to own, keep, harbor, or possess any non-domesticated animal within the City limits. Any owner of such an animal at the time of adoption of this Section shall have thirty (30) days in which to remove the animal from the City after which time the City may impound the animal as provided for in this Section.

A. Domesticated Animals (definition). Those animals commonly accepted as domesticated household pets. Unless otherwise defined, such animals shall include: Dogs; cats; caged birds; gerbils; hamsters; ferrets; guinea pigs; domesticated rabbits; fish; non-poisonous, non-venomous, and non-constricting reptiles; amphibians; and other similar animals.

B. Non-Domesticated Animal: Those animals commonly considered to be naturally wild and not naturally trained or domesticated, or which are commonly considered to be inherently dangerous to the health, safety, and welfare of people. Unless otherwise defined, such animals shall include:

1. Any member of the large cat family (family falidae) including: Lions, tigers, cougars, bobcats, leopards, and jaguars, but excluding commonly accepted domesticated house cats.

2. Any naturally wild member of the canine family (family canidae) including: Wolves, foxes, coyotes, dingoes, and jackals, but excluding commonly domesticated dogs.

3. Any crossbreeds such as the crossbreed between a wolf and a dog, unless the crossbreed is commonly accepted as a domesticated dog.

4. Any member or relative of the rodent family including: Skunk (whether or not descented), raccoon, or squirrel, but excluding those members otherwise defined or commonly accepted as domesticated pets.

5. Any poisonous, dangerous member of the rattlesnake, boa constrictor, venomous, constricting reptile or amphibian families including pit vipers, crocodiles, and alligators.

6. Any other animal which is not explicitly listed above but which can reasonably be defined by the terms of this subpart, including but not limited to bears, deer, snakes, birds of prey, monkeys, and predatory and non-predatory game fish.

C. Beekeeping Limited. No person shall keep or have at any one location more than six hives of bees. Bees kept contrary to this Section are hereby declared to be a public nuisance and may be abated according to law.

D. Farm Animals. Farm animals shall only be kept in agriculturally zoned districts within the City. Provided that protective devices adequate to prevent such animals from escaping or injuring the public are established and maintained, an exception to this Paragraph shall be made for those animals brought into the City as part of an operating zoo, veterinarian clinic, scientific research laboratory, a licensed show or exhibition, an animal humane society, or an animal shelter.

1. Farm Animals (definition). Those animals commonly associated with a farm or performing work in an agricultural setting. Unless otherwise defined in this Section, such animals shall include: Members of the equestrian family (horses, mules), bovine family (cows, bulls), sheep, poultry (chickens, turkeys), fowl (ducks, geese), swine (including Vietnamese pot-bellied pigs), goats, and other animals associated with a farm, ranch, or stable.

E. Exception. Provided that protective devices adequate to prevent such animals from escaping or injuring the public are established and maintained, this Subdivision shall not apply to:

1. Service animals certified by a bona fide organization including but not limited to seeing-eye dogs or any bird or animal provided by a bona fide source which is kept or harbored for medical rehabilitation, service, or therapeutic purposes;

2. Animals brought into the City as part of an operating zoo, veterinarian clinic, scientific research laboratory, veterinary hospital, or a licensed show or exhibition;

3. A pet store operating in a commercial district;

4. Any animal humane society or animal shelter, nor to any public or private school or university;

5. The following specific animals:

a. Any order of Rodentia (mice, rats, hamster, guinea pigs);

b. Any of the class of Reptilia which are non-poisonous, nonvenomous and non-constricting and do not constitute a known danger to humans (non-poisonous snakes, nondangerous lizards, but not excluding crocodiles and alligators);

c. Any of the class of Amphibian (salamanders, frogs, toads);

d. Any of the class of Aves (birds) that are caged and otherwise kept inside the residence, and any of the class of Aves kept under the owner’s or caretaker’s immediate control provided further that those birds are not free to leave the property.

e. Raptors, provided that:

1. They are kept pursuant to a valid state and/or federal Falconry permit and upon issuance of permit from the Sauk Rapids Police Department. The property owner shall provide and maintain with the City documentation that they possess a valid permit issued by the Minnesota Department of Natural Resources for keeping a raptor(s).

2. The property owner shall reside upon the property as their primary residence.

3. There shall be no more then two (2) raptors kept upon the property at any one time.

4. The Raptor shall not be flown within the municipal boundaries of Sauk Rapids at any time.

5. If an outdoor enclosure is used to house the raptor (commonly referred to as a mew), the exterior roof and sidewalls shall be constructed of materials that are the same or similar as the principal structure.

6. This exception shall not apply to eagles or owls.

F. Relevant Provisions Apply. Except where impractical, the provisions of this Section, relating to licensure and vaccination of animals, animals which disturb the neighborhood, are dangerous or vicious, are found running at large, deposit feces on public property or the private property of another, or are quarantined due to biting shall apply to the keeping, harboring or maintenance of non-domesticated animals.

Nothing is this Section shall be construed to limit the ability of the police

department to take immediate action, including the immediate seizure or

destruction of any wild, undomesticated or exotic animal which endangers

the health, safety or welfare of the public.

ENFORCEMENT

Subd. 18. Interference With Officers. No person shall in any manner molest, hinder, or interfere with any police officer, animal control officer, or other person duly authorized by the Council to capture animals and convey them to the pound while engaged in such operation. Nor shall any unauthorized person break open the pound, or attempt to do so, or take or attempt to take from any police officer, animal control officer or other person duly authorized by the Council any animal taken by him or her in compliance with this Section, or in any manner interfere with or hinder such person in the discharge of her duties. A violation of this Paragraph shall be punishable as a misdemeanor and subject to the maximum penalty as provided by law.

Subd. 19. Right to Enter Property. Any police officer, animal control officer, or any person duly authorized by the Council may enter into the yard or onto the grounds of any private premises where they have reason to believe there is an animal in violation of this ordinance.

SECTION 4.11 EXCAVATING CONTRACTORS LICENSING AND PERMITS

Subd. 1. License Required.

A. No person shall make any excavation within any streets, alley or other public grounds for the purpose of installing water, steam or gas pipes, electric or telephone conduits, or for any other purpose without first obtaining an "Excavating Contractor" license for so doing from the City Clerk; provided, however, that no such license will be required of any person for the purpose of completing a contract awarded by the City nor shall such license be required of any public utility corporation when the excavation and all work associated therewith is to be accomplished by the corporation with its own staff. Said public utility corporation staff must comply with the permitting requirements of Section 3.01.

B. Such an Excavating Contractor's license shall entitle the holder thereof to engage in the business of making excavations in the streets, alleys, and other public grounds within the City, and to place and install such steam or gas pipes, electric or telephone conduits, water and sewer pipes, including house service connections, and other facilities legally permitted within the rights-of-way of the public streets and alleys, subject to the provisions of this section and other applicable codes and laws.

Subd. 2. Application for License.

A. Any person desiring to obtain an Excavating Contractor's license shall make written application to the City Clerk for such license stating therein the name of the person desiring such license and his, its or their place of business. Upon presentation to the City Clerk of an application for an Excavating Contractor license the City Clerk shall issue the license to the applicant upon the applicant (1) filing with him the bond and insurance policies, and (b) paying the license fee, all as hereinafter required, provided, however, that where the applicant holds a Master Plumbing Contractor's license and has furnished bond and insurance policies required for the issuance of such license, he will not be required to submit separate bond and insurance policies if the City Attorney finds that such bond and insurance also adequately covers the contractor's responsibilities and liabilities as required by this Section.

B. With each application for license, the applicant shall furnish a surety bond, approved by the City Council in a form approved by the City Attorney. Such bond shall be signed by the applicant as principal and by a Corporate Surety authorized to do business in the State of Minnesota, conditioned that the principal in all materials, equipment and appliances furnished by him and in all work done or performed by him which is subject to the provisions of this Section shall fully conform to the provisions of this Section and for the use and benefit of the City. Such bond shall be in the amount of $5,000.00.

C. In addition to the surety bond, as required aforesaid, the applicant shall furnish a general policy of liability and property damage insurance, including products and completed operation coverage which shall have minimum limits of coverage of $100,000 for injuries to or the death of one person and not less than $500,000 on account of one accident and not less than $250,000 for property damage.

D. The bond and insurance policies required by this Section shall provide that no cancellation of said bond or insurance policy may be made by the principal the insured or the surety or insurance company, for any cause, without first giving twenty (20) days notice to the City, in writing, of the intention to cancel. Such Notice shall be addressed to the City Clerk of the City by registered mail, or shall be delivered to the City Clerk personally.

SECTION 4.11A SALE AND USE OF FIREWORKS

Subd. 1 Definitions:

A. “Fireworks” – For the purposes of this section, “fireworks” will have the same definition as contained in Minnesota Statute Section 624.20 Subd. 1 (c) or any superceding statute.

Subd. 2. Sale and Use of Fireworks Prohibited. It shall be unlawful for any person to offer for sale, expose for sale, sell at retail or wholesale, or use or explode any fireworks except as otherwise hereinafter provided.

Subd. 3. Exceptions and Permitted Sales and Uses. The following sales or uses set forth shall be permitted in compliance with this Section.

A. Sales at wholesale to those persons holding valid permits for a fireworks display from a governmental subdivision of the State;

B. Sales outside the State;

C. Sales by any resident wholesaler, dealer, or jobber, from selling at wholesale such fireworks as are not herein prohibited;

D. The sale of any kind of fireworks for shipment directly out of the State;

E. The use of fireworks by airplanes and railroads, or other transportation agencies for signal purposes or illumination;

F. The sale or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports, or for use by military organizations; and

G. Supervised public displays of fireworks by cities, villages, and fair associations, amusement parks, and other organizations, when granted a permit and conducted as hereinafter provided.

Subd. 4. Retail Permit Required. No person shall sell or possess for sale fireworks without first having obtained an annual permit from the City.

A. The permits shall be requested from and issued by the City Administrator. However, the Fire Chief shall give final approval or denial of an application for the manufacture, storage for commercial purposes or sale of fireworks within 30 days of such application being made to the City.

B. The permit application must be accompanied by the required fee as set forth in the City’s Fee Schedule.

C. Permits shall be issued and valid only for the calendar year applied for.

D. Each location where sales or storage of fireworks occurs must obtain a permit.

E. The permit application must include a site plan of the area where fireworks will be sold, showing: 1) the location of the fireworks (both for sale and storage), 2) the location of safety devices (e.g., sprinkler system, hoses, etc.), 3) the location of any obvious hazardous (e.g., flammable substances, etc.), and, if retail sales will be occurring outside, 4) the proximity of adjacent buildings and their uses.

F. Fifteen (15) days prior to the commencement of sales, the applicant shall be responsible for contacting the Fire Chief to schedule a site inspection. The Fire Chief must determine that the site is compliant with applicable laws, rules, regulations, and ordinances. The Fire Chief, at his or her sole discretion, may require that, as a condition of issuing the permit, certain safety precautions be implemented and maintained.

G. Prior to processing the application, a criminal records check will be conducted. Neither the applicant nor the responsible party for the permit shall have been convicted of a felony or a fire or fireworks-related misdemeanor within the last three (3) years.

H. The application shall include a letter from the person legally responsible for the property on which the fireworks related activity would occur. Such letter shall grant permission to the applicant for the use of said property.

I. The sale and storage of fireworks shall be allowed only the location and manner proscribed in the permit. Applicants desiring to change the location or manner of selling or storing fireworks must obtain the approval of the Fire Chief. Applicants may request approval by contacting the Fire Chief, scheduling a re-inspection of the site, and submitting the required re-inspection fee.

Subd. 5 Sales and Storage of Fireworks.

A. Fireworks sales and displays shall not be permitted within malls, within buildings where intoxicating alcohol is sold and within assembly areas such as halls, theatres, churches or schools. The designated Fire Official shall determine compliance.

B. It shall be unlawful for any seller of any fireworks to permit smoking within 50 feet of any site containing fireworks. “No Smoking” signs must be conspicuously posted and approved fire extinguishers must be available for use.

C. In buildings that do not have an approved automated sprinkling system, retail sales displays of fireworks shall be limited to a gross weight of 400 pounds of fireworks and packaging. In buildings that do contain an approved automated sprinkling system, the amount of fireworks contained in retail sales displays shall be a maximum of 1000 gross pounds of fireworks and packaging.

D. The requirements of this ordinance are in addition to any requirements imposed by any building and zoning regulations, fire codes or state law.

E. Only persons 18 years of age or older may purchase fireworks and the age of the purchaser must be verified by photographic identification.

F. Exterior storage, display, sales or transient sales of fireworks are only exempted from the provisions of this Section upon properly obtaining a permit. A distance of 150’ shall be provided from the exterior display to adjacent buildings, combustibles or flammable liquids. No manufacturing, sales or storage for commercial purposes shall occur on residentially zoned property or properties used for educational purposes or assemblies.

G. A list of all consumer fireworks displayed for sale and stored on the property shall be available at all times. The list shall document the name, weight and quantity of the fireworks and be accompanied by the material safety data sheets.

H. An informational and guideline sheet provided by the City must be distributed with every sale of fireworks.

Subd. 6 Use and Possession

A. It is unlawful to use, fire or discharge any fireworks along the route of and during any parade, in any place of public assembly, on any public property or in any commercial/industrial zoning district.

B. It is unlawful at any time to throw, toss, or aim any fireworks at any person, animal, vehicle or other thing or object or used in any manner that may threaten or cause possible harm to life or property.

C. The discharge of fireworks shall be prohibited inside a building and within fifteen (15) feet of any building.

D. The Fire Official may ban fireworks if dry or windy conditions occur.

E. Juveniles may not possess fireworks unless under the direct supervision of a responsible adult.

F. Fireworks may not be discharged in such a manner that may create a nuisance nor between the hours of 11:00 p.m. to 7:00 a.m. Fireworks use shall also be subject to any additional ordinances such as noise and/or assembly.

G. Fireworks may not be discharged within 200 feet of an exterior location where fireworks are being sold or stored.

Subd. 7. Public Displays. No display of fireworks shall take place unless a permit therefore has been first secured in the manner hereinafter set forth.

Subd. 8. Public Display Permit.

A. Every application for a public display of fireworks shall be made in writing at least fifteen (15) days in advance of the date of the display along with the appropriate fee as specified in the City’s fee schedule.

B. The applicant must provide any and all information the City determines is necessary to properly evaluate the application.

C. The application shall be promptly referred to the Chief of the Fire Department. The Chief of the Fire Department shall make an investigation to determine whether the operator of the display is competent and whether the display as proposed will not be hazardous to property or endanger any person.

D. The Chief’s investigation shall include a criminal background check conducted through the Police Department.

E. The Chief shall report to the City Administrator his or her findings along with any recommendations. The City Administrator shall take action consistent with the Chief’s findings and either deny the application or issue the permit. Permits are not transferable.

F. The applicant shall be responsible for the costs of required fire protection services provided by the City.

G. The applicant, as condition of the permit, shall indemnify the City against direct or indirect loss or damage to property resulting from the fireworks display.

Subd. 9. Enforcement. Any person violating this Section shall be guilty of a Misdemeanor and subject to the maximum penalty allowed by law, and/or an administrative penalty to be determined by the City.

SECTION 4.12 GAMBLING DEVICES

Subd. 1. Purpose. The purpose of this section is to regulate and control the conduct of lawful gambling in the City of Sauk Rapids and to ensure the integrity of operations, and provide for the use of net profits for lawful purposes by setting criteria and standards related to the approval or disapproval of premise permits.

Subd. 2. Definitions. Except as otherwise provided in this Section, the terms defined in Minnesota Statutes, Chapter 349, are incorporated herein by reference and shall be applicable to the provisions contained herein.

A. Gross Profit. "Gross Profit" means the gross receipts collected from lawful gambling, less reasonable sums necessarily and actually expended for prizes.

B. Net Profit. "Net Profit" means gross profit less reasonable sums actually expended for allowable expenses.

Subd. 3. In General. Lawful gambling conducted pursuant to Minnesota Statutes, Chapter 349, shall be operated in accordance with the conditions prescribed in this section and other applicable provisions of Minnesota State Law and the Sauk Rapids Code of Ordinances.

Subd. 4. Premises Permit.

A. Notice. The Minnesota Gambling Control Board shall notify the City Council, in writing, in the manner required by law of each pending application for a premises permit for a gambling site in Sauk Rapids.

B. Approved or Disapproved. Each pending application for issuance or renewal of a premises permit shall be approved or disapproved by resolution of the City Council within sixty (60) days after receipt of the application. The City Council may disapprove an application for issuance or renewal of a premises permit for any of the following reasons:

a. Violation by the gambling organization of any statute, ordinance or rule relating to gambling;

b. Violation by the on-sale establishment, or other organization leasing its premises for gambling, of any statute, ordinance or rule relating to the operation of the establishment, including but not limited to, laws relating to alcoholic beverages, gambling, controlled substances, suppression of vice and protection of public safety;

c. Failure by the gambling organization to make adequate corrections in its organizational structure and procedures in response to an audit report;

d. Where the operation of gambling at the site would be detrimental to health, safety or welfare; or

e. For any other good cause related to the operation of gambling or the business located on the premises.

Subd. 5. Filing of Records; Inspection; Access to Records.

A. Every organization licensed to conduct gambling in the City of Sauk Rapids shall annually file with the City Clerk, a City of Sauk Rapids Annual Charitable Gambling Report Form and, if requested by the City, any copies of records required to be filed with the Minnesota Gambling Control Board and Department of Revenue pursuant to Minnesota Statutes, Chapter 340 and the rules and regulations promulgated thereunder.

B. Each organization licensed to conduct gambling in the City shall submit any additional information requested by the City.

C. Any organization leasing premises for the conducting of lawful gambling shall file with the City a copy of the lease within one (1) week after execution of the lease.

D. Every gambling event in the City of Sauk Rapids conducted by an organization under state license shall be open to inspection by officers of the City.

E. The City may inspect, at any reasonable time without notice or search warrant, all records of a licensed organization required to be maintained by the State Gambling Control Board.

Subd. 6. Exemption. Organizations that conduct lawful gambling on five occasions or less during the year, so as to be exempt from obtaining a state license, are exempt from these requirements.

SECTION 4.13 GARBAGE AND REFUSE HAULERS

Subd. 1. Definitions. The following terms, as used in this Section, shall have the meanings stated

Garbage. Means all putrescible wastes, including animal offal and carcasses of dead animals but excluding human excreta, sewage and other water-carried wastes.

Other Refuse. Means ashes, glass, crockery, cans, paper, boxes, rags and similar non-putrescible wastes but excluding sand, earth, brick, stone, concrete, trees, tree branches and wood.

Subd. 2. License Required. It is unlawful for any person to haul garbage or other refuse for hire without a license therefor from the City, or to haul garbage or other refuse from his own residence or business property other than as herein excepted.

Subd. 3. Exception. Nothing in this section shall prevent persons from hauling garbage or other refuse from their own residences or business properties provided the following rules are observed:

A. That all garbage is hauled in containers that are water-tight on all sides and the bottom and with tight-fitting covers on top.

B. That all other refuse is hauled in vehicles with leak-proof bodies and completely covered or enclosed by canvas or other means or material so as to completely eliminate the possibility of loss of cargo and

C. That all garbage and other refuse shall be dumped or unloaded only at an approved sanitary landfill.

Subd. 4. Hauler Licensee Requirement. Hauler licenses shall be granted only upon the condition that the licensee have right packer-type vehicles in good condition to prevent loss in transit of liquid or solid cargo, and that the same be dumped or unloaded only at an approved sanitary landfill.

Subd. 5. Bond and Hold Harmless. No license therefore shall be granted until the party applying therefor shall have given a bond in the sum of One thousand dollars with good and sufficient sureties, conditioned among other things, that said party will pay any and all damages which may be caused to any property, either public or private within the said City of Sauk Rapids, whether such damage shall be inflicted by said party, or his agents, or employees, or workmen; and conditioned also that said party will save and indemnify and keep harmless the said City of Sauk Rapids against all liabilities, judgments, costs, and expenses which may accrue against said City in consequence of the granting of such permit or license, and will in all things strictly comply with the conditions of the permit.

SECTION 4.14 GASOLINE BULK PLANT

Subd. 1. License Required. No person, firm or corporation shall manage, conduct, operate, or carry on the business of operating a gasoline bulk plant without first having obtained a license therefore from the Council as hereinafter provided.

Subd. 2. Application. The application shall specify the location of the building, structure, premises, enclosure, or other place in which it is proposed to keep such bulk plant, and the capacities in gallons of the container or containers, tank or tanks. Every such application shall be approved by the Fire Chief before a license is issued.

Subd. 3. General Regulations. Each bulk plant shall be conducted and maintained in accordance with the provisions of the law and regulations of this municipality.

SECTION 4.15 MECHANICAL LICENSE

Subd. 1. License Required. No person, firm, or corporation shall engage in or carry on the business of repairing, altering, or installing any fuel burning device which is regulated by the Minnesota Mechanical Code, without first having obtained a license from the City, paying the license fee, furnishing a bond as hereinafter provide and furnishing evidence of insurance as hereinafter provided. The licensed person shall be responsive for all work performed by themselves or their employees on the mechanical systems and/or equipment they work on.

Subd. 2. Examination of Applicant. Each applicant must pass a written examination to determine his qualifications before receiving his license. Such examination shall be conducted by the Clerk, after payment of an examination fee in the amount duly established by the Council from time to time.

Subd. 3. Bond Requirement. Before a license is granted to a master installer, the licensee shall furnish everything set forth in the subdivisions, which follow.

Subd. 4. Proof of a bond to the state in the amount of $25,000 for all work entered into within the state. The bond must be for the benefit of persons suffering financial loss by reason of the contractor's failure to comply with the requirements of the State Mechanical Code. The bond must be written by a corporate surety licensed to do business in the state.

Subd. 5. A policy of liability and property damage insurance together with a policy of products liability insurance and completed operations insurance each of which shall provide for the payment of not less than $100,000 for injuries to or death of one person, and not less than $300,000 on account of one accident, and not less than $100,000 for property damage.

Subd. 6. Emergency Service. Nothing in this section shall be construed to limit the right of the gas utility holding the franchise therefor from this municipality and its authorized employees to render necessary service in the event of an emergency or to make necessary adjustments to installed gas equipment.

Subd. 7. Penalties and Enforcement. Any person who (1) shall commence the installation, alteration or repair or connection of any gas burner, gas burning apparatus or appliance without then having a master installer's license in effect, or (2) shall install or connect any gas burner or gas burning apparatus or appliance which does not meet the requirements of this section, or (3) shall install or connect any gas burner or gas burning apparatus or appliance in violation of the provisions of this section or (4) violate any other provision of this section, or any of them, shall be guilty of a penal offense.

SECTION 4.16 GAS INSTALLATION PERMIT

Subd. 1. Permit Required. A permit for the installation or connection of any gas fired burner, apparatus, equipment or appliance, with the general gas distribution system of the utility company holding the franchise therefore, must be obtained from the City Clerk before doing any work. The permit fee will be determined by Council resolution.

Subd. 2. Materials and Methods. The installation or connection must be done using approved materials and recognized installation methods such as the American Gas Association, American Society of Testing Materials and Underwriters Laboratories.

Subd. 3. Building Inspector. The Building Inspector shall pass or fail the results of a furnace or appliance performance test report and be present for a leakage test of the system in addition to verifying materials and methods. Such testing shall be done pursuant to State Building Code regulation article 7905.

SECTION 4.17 HOUSING MOVING (See Also Section 10.06, Subd. 10)

Subd. 1. Permit Required. It shall be unlawful for any person to move any house, or other building, along, over or across any of the public streets or alleys within the corporate limits of this municipality without first securing a permit to do so as hereinafter provided. The permit fee will be determined by Council resolution.

Subd. 2. Bond and Hold Harmless. No permit therefor shall be granted until the party applying therefor shall have given a bond in the sum of One Thousand Dollars, with good and sufficient sureties, conditioned among other things, that said party will pay any and all damages which may be caused to any property, either public or private, within the said City of Sauk Rapids, whether such damage shall be inflicted by said party or his agent, of employees, or workmen; and conditioned also that said party will save and indemnify and keep harmless the said City of Sauk Rapids against all liabilities, judgments, costs, and expenses which may accrue against said City in consequence of the granting of such permits, and will in all things strictly comply with the conditions of the permit.

Subd. 3. Consent of Utilities. Said written application for permit shall be accompanied by a written statement from each of the companies owning or operating any wire, cables or other apparatus legally in or over any of the streets, alleys or public grounds along said prescribed route to the effect that satisfactory arrangements have been made with the company owning or operating such wires, cables or other apparatus.

Subd. 4. MN License Required. The City Clerk will verify with the MN Public Service Commission that a valid state license is in effect in accordance with M.S. 221.81 for the money before a permit shall be granted.

SECTION 4.18 JUNK DEALERS

Subd. 1. License Required. No person, partnership or corporation shall establish, maintain or operate a junk business, junk yard, general wrecking yard or automobile wrecking yard or similar business within the corporate limits of this municipality without first obtaining a license to do so from the Council.

Subd. 2. Application. Written application shall set forth the name, address and present business of the applicant, the legal description of the premises upon which it is proposed to conduct said business and the general nature of such business. Said application shall be accompanied by the required license fee as duly set by the Council from time to time and a bond running to this municipality in the amount of Two Thousand ($2,000) Dollars, which bond shall guarantee that said applicant, upon being issued the license applied for, will abide by the general law regulating said businesses and all special ordinances, resolutions, rules and regulations laid down by the Council affecting the operation of said business, and upon failure to do so the bond shall further provide for the forfeiture thereof. The Council may, at its option, grant or reject such application.

Subd. 3. Conditions of Operation. Any person operating such junk yard or automobile wrecking business shall keep the premises in a neat and orderly condition. All such premises shall be enclosed by a tight, solid fence of finished lumber or metal at least eight feet high, which shall be kept in a neatly painted or coated condition. No junk or auto parts shall be allowed to remain outside of such fence.

SECTION 4.18A LIQUOR LICENSING

Subd. 1. The Provisions of State Law Adopted. The provisions of Minnesota Statutes, Chapter 340A Liquor Act relating to the definition of terms, licensing, consumption, sales, conditions of bonds of licensees, hours of sale, and all other matters pertaining to the retail sale, distribution, and consumption of intoxicating liquor are adopted and made a part of this section of the City Code as if set out in full.

Subd. 2. License Required. No person, except a wholesaler or manufacturer to the extent authorized under state license, shall directly or indirectly deal in, sell, or keep for sale in the City any intoxicating liquor without a license to do so as provided in this section. Liquor Licenses shall be of five kinds: "on-sale", "off-sale", "wine", "club" and "Sunday" licenses.

Subd. 3. On-Sale Intoxicating Liquor Licenses. On-Sale Intoxicating Liquor Licenses may be issued only to hotels with dining facilities, clubs meeting the definition of Minn. Statutes #340A.101 and Subd. 7 herein, restaurants, baseball teams competing in a league established by the Minnesota Baseball Association, an entity holding a management or concession contract with the City for operation within Bob Cross Regional Park, and an entity holding concessions or management contracts with the City for operation of a regional event center located within Lions Park or Southside Park, and shall permit "on-sale" of liquor only for consumption on the premises. In the event hotels with dining facilities or restaurants are being remodeled and unable to serve food, the City Council may allow by Resolution such on-sale license holder to discontinue food service for a period up to 120 days during remodeling.

Subd. 4. Off-Sale License. An Off-Sale license shall permit the sale of intoxicating liquor at retail, in the original package, for consumption off the premises only. The City may issue one off-sale license in conjunction with the sale of the municipal liquor operation and to brewers licensed under Subd. 13 for the off-sale of malt liquor sold in Growlers only.

Subd. 5. On-Sale Wine License. On-Sale wine licenses may be issued only to restaurants having facilities for seating at least 25 guests at one time. A wine license permits the sale of wine not exceeding 24 percent alcohol by volume, for consumption on the licensed premises only, in conjunction with the serving of meals to the general public. A holder of an on-sale wine license who is also licensed to sell 3.2 percent malt liquors at on-sale may sell intoxicating malt liquors at on-sale without an additional license.

Subd. 6. Special Club License. Special "on-sale" club licenses may be issued to incorporated clubs which have been in existence for 15 years or more or to congressionally chartered veterans' organizations which have been in existence for 10 years.

Subd. 7. Sunday License. A restaurant, hotel restaurant or club, brew pub, or taproom with a seating capacity for at least 30 persons and which holds an on-sale intoxicating liquor license, may be issued, upon application, a Sunday Liquor license between the hours of 8:00AM and 2:00AM on Mondays.

Subd. 8. On-Sale 3.2 Percent Malt Liquor License. An On-Sale 3.2 Percent Malt Liquor License may be issued to a drugstore, restaurant, hotel, club, bowling center, or an establishment used exclusively for the sale of 3.2 percent malt liquor with the incidental sale of tobacco and soft drinks. All licenses shall be issued for one (1) year and expire on June 30^th. Holders of a valid on-sale intoxicating liquor license do not require an On-Sale 3.2 Percent Malt Liquor License. Holders of a valid on-sale intoxicating liquor license must qualify for and obtain e an On-Sale Temporary 3.2 Percent Malt Liquor License to sell off or outside of their currently licensed premises, however.

Subd. 9. On-Sale Temporary Intoxicating Liquor License. An On-Sale Temporary Intoxicating Liquor License may be issued to a club or charitable, religious, or other non-profit corporation that has existed for three (3) years, or a political committee registered under state law in connection with a social event sponsored by the licensee. An On-Sale Temporary Intoxicating Liquor License may only be issued for four (4) consecutive days, except a county fair as provided for in Subd. 10 of this Ordinance. A holder of a valid On-Sale Intoxicating Liquor License must qualify for and obtain an On-Sale Temporary Intoxicating Liquor License to sell intoxicating liquor off or outside of its currently licensed premises.

Subd. 10. On-Sale Temporary 3.2 Percent Malt Liquor License. An On-Sale Temporary 3.2 Percent Malt Liquor License may be issued to a club, charitable, religious, or other non-profit corporation. The temporary license may authorize the sale of 3.2 percent malt liquor in any school or school building.

On-Sale Temporary Intoxicating Liquor License for County Agricultural Society. An On-Sale Temporary Intoxicating Liquor License may be issued to the agricultural society, established under Minn. Stat. § 38.01, once per year, for seven (7) consecutive days, for alcoholic beverage sales at a county fair hosted by the agricultural society.

Subd. 11. On-Sale Malt Liquor “Taproom” License. An on-sale malt liquor “taproom”

license, with the approval of the Commissioner of Public Safety, may be issued to brewers who operate a taproom in their place of manufacture and who meet the criteria under Minn. Stat. § 340A.26 and Minn. Stat. § 340A.301, as they may be amended from time to time. On-sale brewer taproom licenses authorize on-sale of malt liquor produced by the brewer for consumption on the premises of or adjacent to one brewery location owned by the brewer. The brewer may also hold a license to operate a restaurant at the site of the taproom. The City will not issue this license if the brewer seeking the license, or any person having an economic interest in the brewer seeking the license or exercising control over the brewer seeking the license, is a brewer that brews more than 250,000 barrels of malt liquor annually or a winery that produces more than 250,000 gallons of wine annually.

Subd. 12. On-Sale Intoxicating Liquor or 3.2 Percent Malt Liquor “Brew Pub” License An on-sale intoxicating liquor or 3.2 percent malt liquor “brew pub” license, with the approval of the Commissioner of Public Safety, may be issued to brewers who operate a restaurant in their place of manufacture and who meet the criteria established under Minn. Stat. § 340A.24 and Minn. Stat. § 340A.301, as they may be amended from time to time. Sales of malt liquor under this license at on-sale may not exceed 3,500 barrels per year. If a brewer licensed under this section possesses an off-sale license under Subd. 13, the brewer’s total combined retail sales at on-sale or off-sale may not exceed 3,500 barrels per year, provided that off-sales may not total more than 500 barrels.”

Subd. 13. Off-Sale Malt Liquor “Brewer” License. An off-sale malt liquor “brewer” license, with the approval of the Commissioner of Public Safety, may be issued to a brewer licensed under Minn. Stat. § 340A.301. Off-sale of malt liquor under this license shall be limited to the legal hours for off-sale at the City’s municipal liquor store and the malt liquor sold off-sale must be removed from the premises before the applicable off-sale closing time at the City’s municipal liquor store, except that malt liquor in Growlers may be sold at off-sale on Sundays between the hours of 8:00 a.m. and 10:00 p.m. but no sales on Christmas Day and no sales after 8:00 p.m. Christmas Eve. Packaging of malt liquor for off-sale under this license must comply with Minn. Stat. § 340A.285, as it may be amended from time to time. The City will not issue this license to a brewer if the brewer seeking the license, or any person having an economic interest in the brewer seeking the license or exercising control over the brewer seeking the license, is a brewer that brews more than 20,000 barrels of its own brands of malt liquor annually or a winery that produces more than 250,000 gallons of wine annually in accordance with Minn. Stat. § 340A.28. The amount of malt liquor sold off-sale may not exceed 500 barrels annually.”

Subd. 14. Growler Sales. All off-sales of malt liquor made in accordance with Subd. 13 must be sold in a “Growler” meeting the criteria under Minn. Stat. § 340A.285, as it may be amended from time to time. A “Growler” is defined as a container with a capacity of up to 64 ounces, for take-out, delivery, or off-sale of craft beer. The Growler must be sealed by a paper or adhesive band strip or sleeve that is applied over the top of the closure in such a manner that the seal must be broken in order to open the Growler. The adhesive band, strip or sleeve must bear the name and address of the brewer.”

Subd. 15. On-Sale Temporary Brewer Malt Liquor License. An on-sale temporary brewer malt liquor licenses may be issued, with the approval of the Commissioner of Public Safety, to brewers holding a license under Subd. 12 or 13 for the on-sale of malt liquor in connection with a social event within the City sponsored by the brewer.”

Off-Sale Packaging Requirements for Certain Small Brewers. An off-sale malt liquor license, with the Approval of the Commissioner of Public Safety, may be issued a brewer licensed under Minn. Stat. § 340A.301, subdivision 6, clause (c), (i), or (j), that produces 7,500 barrels or less of malt liquor annually, on the condition that the malt liquor has been produced and packaged by the brewer, pursuant to Minnesota Rules, parts 7515.1080 to 7517.1120, the malt liquor is only sold at the licensed premises, and only 128 ounces per customer, per day of malt liquor is served. A brewer who meets the exception in Minn. Stat. § 340A.29, subdivision 4 is also eligible. The City will not issue a license to a brewer if the brewer seeking the license, or any other person having an economic interest in the brewer seeking the license or exercising control over the brewer seeking the license, if that individual has an economic interest in a business holding a retail intoxicating liquor or 3.2 percent malt liquor license or corporate stock of a licensed malt liquor wholesaler.

Subd. 16 Application for License.

A. Form. Every application for a license to sell liquor shall state the name of the applicant, his age, representations as to his character, with such references as the Council may require, his citizenship, the type of license applied for, the business in connection with which the proposed license will operate and its location, whether the applicant is owner and operator of the business, how long he has been in that business at that place, and such other information as the Council may require from time to time. In addition to containing such information, the application shall be in the form prescribed by the Commissioner of Public Safety and shall be verified and filed with the City Clerk. No person shall make a false statement in an application.

B. Financial Responsibility. Prior to the issuance of a liquor license, the applicant shall demonstrate proof of financial responsibility as defined in Minnesota Statutes, Section 340A.409 with reference to liability under the statutes, Section 340A.801. Such proof shall be filed with the Commissioner of Public Safety. (Applicants for liquor licenses to whom the requirement for proof of financial responsibility applies include applicants for wine licenses with sales of less than $10,000 of wine per year.) Any liability insurance policy filed as proof of financial responsibility under this subdivision shall conform to Minnesota Statutes.

C Approval of Security. Liability insurance policies required by

this section but not by state law shall be approved as to form by the City Attorney. Operation of a licensed business without having on file with the City at all times effective security as required in Paragraph C is a cause for revocation of the license.

Subd. 17. License Fees.

A. Fees. The annual fee for a liquor license shall be as set forth in the City Fee Schedule

B. Payment. Each application for a license shall be accompanied by a receipt from the City Treasurer for payment in full of the license fee and the investigation fee. All fees shall be paid into the general fund. If an application for a license is rejected, the Treasurer shall refund the amount paid as the license fee.

C. Term; Pro Rata Fee. Each license shall be issued for a period of one year except that if the application is being made during the license year, a license may be issued for the remainder of the year for a pro rata fee, with any unexpired fraction of a month being counted as one month. Every license shall expire on the last day of June.

D. Refunds. No refund of any fee shall be made except as authorized by statute.

Subd. 18. Granting of License.

A. Background Investigation. On an initial application or annual renewal for an on-sale or off-sale liquor license or an application for transfer of an existing on-sale or off-sale liquor license, the applicant shall pay with the application and investigation fee as set forth in the City Fee Schedule. The City shall conduct a preliminary criminal and financial investigation of the applicant and business. The City may conduct the background investigation itself or contract with the Commissioner of the Department of Public Safety. If an investigation outside the state is required, the applicant shall be charged the cost not to exceed $10,000. The City may require the applicant deposit an amount it deems adequate prior to commencing the out-state investigation. Upon completion of the out-state investigation any remaining funds will be returned to the applicant. The fee shall be payable by the applicant whether or not the license is granted.

B. Investigation Authorized. Pursuant to Minnesota Statutes, Section 13.87, the Sauk Rapids Police Department is authorized to conduct criminal history background investigations for on-sale and/or off-sale liquor license applicants using Minnesota Computerized Criminal History data (purpose code E). Access to federal or interstate indexes for these purposes is expressly prohibited. Before the background investigation is begun, the applicant must authorize the police department in writing to undertake the investigation and to release the information to the City Council, City Administrator, and/or other appropriate City staff as necessary. Questioned identity situations may occur. Fingerprint verification will be allowed for cases where it is not clear if a record based on a name and date of birth search accurately corresponds to the subject of the inquiry.

C. Hearing and Issuance. The City Council shall investigate all facts set out in the application and not investigated in the preliminary background and financial investigation conducted pursuant to Paragraph A. Opportunity shall be given to any person to be heard for or against the granting of the license. No license shall be issued, transferred, or renewed if the results show to the satisfaction of the Council that issuance would not be in the public interest. After the investigation and hearing, the Council shall, in its discretion, grant or refuse the application. No "on-sale" wine license shall become effective until it, together with the security furnished by the applicant, has been approved by the Commissioner of Public Safety.

D. Notice. If the City rejects an application made pursuant to this Section, the City Administrator shall, within 14 days, notify the applicant in writing of the following:

(1) the grounds and reason(s) for denial;

(2) a list of deficiencies that, when corrected, would allow a reconsideration of the license application; and

(3) any appeal process(es) available to the applicant for reconsideration of the license request.

E. Person and Premises Licensed; Transfer. Each license shall be issued only to the applicant and for the premises described in the application. No license may be transferred to another person or place without City Council approval. Any transfer of stock of a corporate licensee is deemed a transfer of the license and a transfer of stock without prior Council approval is a ground for revocation of the license.

F. Persons Ineligible for License. No license shall be granted to any person made ineligible for such a license by state law. No more than one each of an on-sale, off-sale, and Sunday liquor license shall be directly or indirectly issued within the City to any one person.

G. Name Change. A change of name for a licensee does not require a new license if:

i. The individual licensee remains the same;

ii. There is no change in ownership or transfer of corporate stock; and

iii. There is no change in the licensed premise.

Prior to a name change, the licensee must notify the City in writing. A licensee must promptly submit a new insurance declaration page and certificate of assumed name from the Minnesota Secretary of State with the new name.

Subd. 19. Places Ineligible for License.

A. General Prohibition. No license shall be issued for any place or any business ineligible for such a license under state law.

B. Delinquent Taxes and Charges. No license shall be granted for operation on any premises on which taxes, assessments, or other financial claims of the City are delinquent and unpaid.

C. Commercial Zones. No license shall be granted except within areas zoned as Commercial Districts (D-1, C-1, C-2, and C-3), except as may be permitted by the City in issuing a temporary license in accordance with this Section.

Subd. 20. Condition of License.

A. In General. Every license is subject to the conditions in the following subdivisions and all other provisions of this section and of any other applicable part of the City Code, state law or regulations.

B. Insurance. Compliance with financial responsibility requirements of state law and of this section of the City Code is a continuing condition of any license granted pursuant to this section.

C. Licensee's Responsibility. Every licensee is responsible for the conduct of his place of business and the conditions of sobriety and order in it. The act of any employee on the licensed premises authorized to sell intoxicating liquor is deemed the act of the licensee as well, and the licensee shall be liable to all penalties provided by this section and the law equally with the employer.

D. Inspection. Every licensee shall allow any peace officer, health officer, or properly designated officer or employee of the City to enter, inspect, and search the premises of the licensee during business hours without a warrant.

E. Display During Prohibited Hours. No "On-Sale" establishment shall display liquor to the public during hours when the sale of liquor is prohibited.

F. Federal Stamps. No licensee shall possess a federal wholesale liquor dealer's special tax stamp or a federal gambling stamp.

G. Off-Sale Hours. Intoxicating liquor sales may not be made: After 10:00 p.m. and before 8:00 a.m. on any week day, Sundays, Thanksgiving Day, Christmas Day and no sales after 8:00 p.m. Christmas Eve, except Sunday sales of malt liquor sold in Growlers by a licensed brewer in accordance with Subd. 13 shall be permitted. No sale of 3.2 percent malt liquor may be made after 10:00 p.m. and before 8:00 a.m. on the days of Monday through Saturday, nor after 10:00 p.m. and before 10:00 a.m. on Sunday. No sale of 3.2 percent malt liquor may be made Thanksgiving Day, Christmas Day, or after 8:00 p.m. Christmas Eve.

H. On-Sale Hours. The sale for consumption of intoxicating liquor shall be prohibited between the hours of 2:00 a.m. and 8:00 a.m. on the days of Monday through Sunday and the sale for consumption of 3.2 percent malt liquor shall be prohibited between the hours of 2:00 a.m. and 8:00 a.m. on the days of Monday through Saturday, and 2:00 a.m. and 12:00 noon on Sunday.

I. Compliance with Other Regulations. All licensees shall comply with the terms and conditions of regulated permits, licenses and state and local laws, rules, and ordinances (e.g., CUP, Outdoor Sales, Special Event, Building and Fire Codes, the Freedom to Breath Act, etc.)

J. Prohibit Sale to Minors. It shall be unlawful for a licensee to sell intoxication liquor to a person under twenty one (21) years old. An administrative fine will be charged to a licensee that sells intoxicating liquor to a person that is under twenty one (21) years old. See fee schedule for fine amount.

K. Taxes, assessments, or other financial claims of the City. All licensees must remain current in their payment of taxes, assessments, or other financial claims of the City.

L. Smoking Prohibited.

i. To ensure that tobacco smoke does not enter licensed premises and that person entering such places are not exposed involuntarily to tobacco smoke, the proprietor or other person in charge of a licensed On-Sale or Off-Sale premises shall provide one entrance commonly used by the public as a smoke-free entrance to the premises. Smoking shall be prohibited within ten (10) feet of the smoke-free entrance designated by the proprietor or other person in charge of the licensed premises. Nothing in this ordinance shall preclude the proprietor or other person in charge from designating more than one smoke-free entrance.

ii. The proprietor or other person in charge of a licensed On-Sale or Off-Sale premises shall:

a) Post “nonsmoking” signs that comply with the Minnesota Clean Indoor Air Act Rules, Minnesota Rules Part 4620.0500;

b) Ensure that ashtrays, lighters, and matchbooks are not provided in areas where smoking is prohibited. Receptacles for the deposit of cigarettes, cigars and other smoking equipment that have been extinguished may be located outdoors within ten (10) feet of a designated smoke-free entrance. Any receptacle used for the deposit of cigarettes, cigars and other smoking equipment shall not be stored inside the licensed premises; and

c) Ask any person who smokes in an area where smoking is prohibited to refrain from smoking and, if the person does not refrain from smoking after being asked to do so, ask the person to leave and use any other means which may be appropriate to obtain compliance.

Subd. 21. Prohibited Consumption. On property zoned C-1 (Limited Commercial) and C-2 (Commercial District) as provided in Chapter 10 of the City Code, no person shall consume any intoxicating or non-intoxicating liquors of any business licensed to sell intoxicating or non-intoxicating liquors "on-sale" by the glass, or on any public property, roadways, or sidewalks, or have in his/her possession any containers of intoxicating or non-intoxicating liquors that have been opened or containers with seals that have been broken, or except as described and permitted by this ordinance.

Subd. 22. Seasonal Outdoor Sales.

A. Special License Required. The sale of liquors pursuant to any of the licenses issued in accordance with Section 4.18A of the Code, shall be limited to sale and consumption inside of a structure on the licensed premises, unless the licensee has a current On-Sale Liquor License and applies for and receives permission from the City Council for sale and consumption outside of the structure on the licensed premises as indicated by receipt of a license to conduct “Seasonal Outdoor Sales”.

B. Application. Any restaurant/club to which an on-sale license has been issued may make application to have an area that is contiguous to the completely enclosed licensed premises included in the area licensed to permit the sale and/or consumption of liquor in such contiguous area that is not wholly within a completely enclosed building. Unless authorized as a Sidewalk Café pursuant to a permit issued in accordance with Section 4.26 of the City Code, the contiguous area shall not be part of a public ground. The restaurant which is the holder of the on-sale license must have facilities for serving not less than 30 guests at one time and must maintain an adequate staff, including a cook whose duties must include the preparation or cooking of meals in a kitchen located on the premises, for service in the restaurant/club. Such application must be accompanied by a site drawing and required investigation fee. Applications for Outdoor Sales may be submitted in connection with the applicant’s On-Sale Liquor License application or at any other time during the On-Sale Liquor Licensing year (July 1 through June 30).

C Review Process.

1. An application submitted to City Hall will be reviewed by staff. A public hearing will be scheduled for the City Council. This application will be reviewed in conjunction with, or following a site plan approval, which must be reviewed by the Planning Commission prior to City Council final approval. Applications for the Seasonal Outdoor Sales must be received at City Hall (15) days prior to the next City Council meeting for purpose of public hearing publication.

2. A Renewal Application submitted to City Hall in conjunction with an On-Sale Liquor License Renewal will be reviewed by staff for compliance with City Code and approved site plan for the purpose of public safety health and welfare. A public hearing will be scheduled for the City Council. Applications for the Renewal of Seasonal Outdoor Sales must be received at City Hall (15) days prior to the next City Council meeting for purpose of public hearing publication.

D. Review of Application. The application for seasonal outdoor sales of liquor must be submitted to the Police Department, Fire Department, Public Works and Community Development regarding the health, welfare and safety of the public before submission to the City Council. The City staff must review the suitability of the proposed licensed area in light of the applicable fire, building and life safety codes, zoning ordinances, past performance of the licensee in maintaining order and obeying applicable laws in the licensed outdoor area and in the principal licensed premises, the adequacy of the proposal to provide for the safety of persons on the proposed premises, impact on the surrounding land, adequacy of lighting, appropriateness of noise level, suitability of ingress and egress arrangements including control of persons entering and leaving for purposes of preventing consumption by minors and safety arrangements. An application may be denied based on the following nonexclusive list of factors:

1. Inability to comply with fire, building and life safety codes

2. Inability to comply with zoning ordinances

3. Occurrences of disorderly conduct

4. Demonstrated history or inability to provide safety on the premises

5. Adverse impact on surrounding land, inadequate lighting, inappropriate noise levels

6. Unsuitable ingress and egress arrangements, loss of control of persons entering and leaving the designated area.

7. Such other grounds if the city finds that issuing the permit is not in the best interest of the general health welfare and safety of the citizenry

E. Description of Area. Each application for the Outdoor Sales, including renewals, shall contain a description of the outdoor area that is proposed to be licensed and shall be accompanied by a drawing of the proposed area to be licensed prepared by a qualified and licensed civil engineer or architect. Such application shall also include a detailed description of the barriers that will be used, method of seating, ingress and egress arrangements, security provisions, sanitary and fire arrangements, and lighting. The drawing required hereunder must include the dimensions of the area, barriers, tables, aisles, and equipment, and must be drawn proportionately to scale. The drawing should also include adjacent properties and uses (e.g. residential, commercial).

G. Limitations on area licensed for Seasonal Outdoor Sales.

1. Time. Sales of liquor in the licensed area is limited to the hours commencing at 10:00 AM and ending at 12:00 AM. No licensee, nor the employee, nor the agent of any licensee, shall serve, dispense or in any manner furnish intoxicating liquor in the licensed area at any other time; nor permit the presence of any open bottle or open receptacle containing intoxicating liquor in the licensed area within thirty minutes after the expiration of the time of any day when intoxicating liquor may be legally sold. No sales are permitted in the licensed area during these times and on these days if otherwise prohibited by the provisions of Section 4.18A of this Code.

2. Access. The primary access and egress shall be from the main premise or structure and no other access or egress shall be allowed other than those required as emergency exits.

3. Free Passage Controlled. The premise shall be defined or structurally constructed so as to prohibit the free passage of any person or substance from the licensed area.

4. Supervision. A Designated Employee shall be assigned, at all times of operation, the responsibilities of supervision of the activities within the Outdoor Sales area.

5. No Live Entertainment. Live entertainment or the use of sound producing equipment in the licensed area is prohibited except as permitted by the City Council through an amendment of the Seasonal Outdoor Permit or Special Event Permit. All noise shall be controlled in such a manner that it remains in compliance with noise control regulations set forth in this Code.

H. Additional Terms and Conditions. Any application granted for the licensed area premises will be granted upon such additional terms and conditions as the Council may specify.

I. Expiration. Each seasonal outdoor sales license issued pursuant to this Subdivision expires June 30^th of each year (July 1 through June 30). Application for the succeeding year may be made at any time during that year.

J. No Expectation of Renewal. Each Outdoor Sales license must be deemed experimental and as such, no expectation must be had by the licensee that the licensing of the outdoor area will be renewed, even though no misconduct occurred in the outdoor area, or in the event the City Council determines to repeal the general authorization for Outdoor sales.

K. Violations Impact Principal License. Any violations of the provisions of this ordinance regulating Outdoors Sales, or of the State Law regulating the sales of liquors, which occur in the licensed area, shall be considered violations of the principal on-sale license for the premises.

L. License Fee. The annual fee for an Outdoor Sales license shall be $200.00.

Subd. 23. Special Events. Current On-Sale Liquor Licensees may hold an outdoor functions and/or large gatherings where alcohol will be provided no more than five (5) times per year by obtaining an addendum to the license. A separate application shall be made for each event. Each application will be accompanied by a site drawing and description of the event area as described in Section A. The Planning Department, Police, Fire Inspector and Public Works Departments shall review each application for public safety issues. The following conditions will be met and approved by the City Council prior to the date of the special event or in conjunction with the annual renewal of an On-Sale Liquor License. An application will only be approved if the following conditions are met. The City of Sauk Rapids reserves the right to require additional conditions as deemed appropriate to ensure the safety health and welfare of the general public.

A. Enclosed entirely within a Fenced Enclosure. A fence will be attached located directly adjacent to the building as shown on an attached map. The Fence shall be a minimum of four (4) feet in height and shall be made of suitable material to ensure restriction to the event area.

B. Restricted Access. The Fenced Enclosure will have restricted access in and out. The Fence will be monitored throughout the event until the Fenced Enclosure is closed. The Fenced Enclosure will be shut down and the doors closed by 10:00 PM on any Sunday through Thursday Event or by 12:00 AM on any Friday through Saturday or the day prior to a holiday event. Nobody will be allowed with alcohol outside of the building after the appropriate special event closing time.

C. Alcohol in Fenced Enclosure and Building Only. No drinks will be allowed in the parking area and persons will not be allowed to leave the Fenced Enclosure/Building with drinks.

D. Security. The applicant will provide staff, as determined by the City, for security. A Licensed City or County Law Enforcement Officer will be present during the entire event. The applicant shall pay all costs of said Officer under a separate contract.

E. Parking. The applicant will accommodate for extra parking. The applicant must accommodate for those spaces used by the fenced in area and additional spaces to accommodate the expected number of people in attendance The applicant must receive written permission from neighboring properties if using their vacant parking spaces for overflow parking. The applicant will be responsible to monitor the parking areas during the event and will also be responsible to clean trash after the event.

F. Numbers of People. The limit on the number of people allowed at the event may be set by the City Council and City staff to ensure the safety and well being of the citizens participating in the event.

G. Wristbands. Applicant will verify the age, with a valid ID, and place a unique event wristband on all person who are served or consume alcohol at the event.

H. Events. Food may be served throughout the day in compliance with the Department of Health. Bands may be located in the Outdoor Fenced Enclosure subject to local ordinances.

I. Insurance. Applicant must provide a copy of insurance demonstrating that they have coverage for the event and the Fenced Enclosure.

J. Deposit. A deposit of $500 shall be provided by the applicant to assure proper clean-up and payment for police services.

K. Police Officer. A Contract for Police Services will be on file with the City of Sauk Rapids and subsequent fees paid for said services. A Police Officer must remain on site during the duration of the event. The officer may remain on site to ensure that the Fenced Enclosure is closed at the required time.

L. Outdoors Music. Bands must be moved inside by 10:00 PM on any Sunday through Thursday Event or by 12:00 AM on any Friday through Saturday or the day prior to a holiday event and the fenced enclosure closed at said time.

M. Times. The events in the Fenced Enclosure may run from 10:00 AM to 10:00 PM on any Sunday through Thursday Event or by 12:00 AM on any Friday through Saturday or the day prior to a holiday. No patrons may be in the fenced area after said time.

N. Limitation On Number of Licenses. No more than three (3) licenses shall be issued in the City for any given day.

O. Number of Days. An event may last no longer than 5 days, not including the day before to set up and the day after to remove temporary event fixtures, such as tents, fencing, stages, etc.. Temporary fixtures may only be set up the day before the event and must be removed the day after the event.

Subd. 24. Community Festival. Current On-Sale Liquor Licensees or holders of a valid Caterer’s Permit issued by the State of Minnesota may dispense intoxicating liquor off premises at a community festival held within the City by obtaining an addendum to the license or through the valid Caterer’s Permit. An application for an addendum to the license or to dispense intoxicating liquor through a valid Caterer’s Permit under this subdivision will be accompanied by a site drawing and description of the event area. The Planning Department, Police, Fire Marshal and Public Works Department shall review each application for public safety issues and the City shall determine the area in which intoxicating liquor may be dispensed and consumed. The following conditions will be met and approved by the City Council prior to the date of the community festival. An application will only be approved if the Licensee is in full compliance with its current On-Sale Liquor License, and all of the following conditions are met. The City reserves the right to require additional conditions as deemed appropriate to ensure the safety health and welfare of the general public.

1. Security. The applicant will provide staff for security as determined by the City.

2. Number of People. The limit on the number of people allowed at the event may be set by the City Council and City staff to ensure the safety and well being of the citizens participating in the event.

3. Insurance. Applicant must provide proof of current insurance as required by State law.

4. Deposit. A deposit of $500 shall be provided by the applicant to assure proper clean-up.

5. Times. The City shall determine the times during which alcoholic beverages may be provided and served under the special event license to be issued, and shall consider, among other matters, the date and location of the event.

6. Limitation On Number of Licenses. The City reserves the right to determine the number of licenses approved to dispense intoxicating liquor at a Community Festival based on the number of people attending, the theme of the Community Festival and other conditions as deemed appropriate to ensure safety, health and welfare of the general public.

Subd. 25. Suspension, Revocation, or Fine. On a finding that the license or permit holder has (1) sold alcoholic beverages to another retail licensee for the purpose of resale, (2) purchased alcoholic beverages from another retail licensee for the purpose of resale, (3) conducted or permitted the conduct of gambling on the licensed premises in violation of the law, (4) failed to remove or dispose of alcoholic beverages when ordered by the commissioner to do so under section 340A.508, subdivision 3, or (5) failed to comply with an applicable statute, rule, or ordinance relating to alcoholic beverages, the City Council may revoke the license or permit, suspend the license or permit for up to 60 days, impose a civil penalty of up to $2,000 for each violation, or impose any combination of these sanctions. Except in cases of failure of financial responsibility, no suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing pursuant to Minnesota Statutes, Sections 14.57 to 14.69.

Lapse of required dram shop insurance or bond or withdrawal of a required deposit of cash or securities shall affect an immediate suspension of any license issued pursuant to this section without further action of the City Council. Notice of cancellation or lapse of a current liquor liability policy or bond or withdrawal of deposited cash or securities shall also constitute notice to the licensee of the impending suspension of the license. The holder of a license who has received notice of lapse of required insurance or bond or withdrawal of a required deposit or of suspension of revocation of a license may request a hearing thereon and if such a request is made in writing to the City Clerk a hearing shall be granted within 10 days or such longer period as may be requested. Any suspension under this paragraph shall continue until the City Council determines that the financial responsibility requirements of this ordinance have again been met.

Subd. 26. Penalty. Any person violating any provisions of this section is guilty of a misdemeanor and upon conviction shall be punished by a fine or imprisonment for the maximum amount and/or time period permitted by law, plus the cost of prosecution in any case.

SECTION 4.18B MOTEL TAX

Subd. 1. Imposition of Tax. On or after the 1st day of January, 1988, the following tax, as authorized by the Laws of Minnesota, Chapter 477A.018 shall apply.

A. For the privilege of occupancy of any motel room, a person shall pay a tax in the amount of three percent (3%) of the room charge made by the operator of the motel. Said tax constitutes a debt owed to the City by the operator and is extinguished only by payment to the motel operator on behalf of the City.

Subd. 2. Collections.

A. Operator's Duties. Each motel operator shall collect the tax imposed by this Code at the time the room charge is paid. The amount of tax shall be separately stated from the rent charged. Those persons paying the tax shall receive a receipt of payment from the operator.

B. Reports. Each motel operator collecting such tax shall make a report upon forms distributed to the operator by the City Administrator-Clerk. Such reports shall contain, at a minimum:

A. The amount of room rentals collected.

B. The amount of tax required to be collected and due for the period.

C. The signature of the operator or that of the agent if the operator has not made the report.

D. The period the return covers.

E. The amount of room rentals collectible.

F. Such additional information as the City Council, in its discretion, from time to time requires.

C. Payment to the City. Payment of the tax shall be submitted by the operator to the City along with the required reports. Payment shall cover the tax due for the preceding calendar month, or any alternative four-week accounting period, whichever the case shall be, and such payment shall be made no later than 25 days after the end of such calendar or alternative accounting month.

D. Examination of Return. After a return is filed, the City Administrator-Clerk may make any examination of the records for determining its correctness. The tax computed on the basis of such examination shall be the tax to be paid. If the tax due is found to be greater than that paid, such excess shall be paid within ten (10) days after the receipt of notice. Such notice shall be given either personally or sent by registered mail to the address listed on the return. If the tax paid is greater than the tax found to be due, the excess paid shall be refunded to the operator at the address listed on the return. For the purpose of carrying out the provisions of this section, the City Administrator-Clerk shall have the right of access to the books and records of the operator.

E. The operator shall have ten (10) days after receipt of notice to make a written request for a hearing before the City Council on the assessed tax. If no request is made to the City Administrator-Clerk during this ten (10) day period, the amount specified in the statement of the City Administrator-Clerk, including penalties and interest, becomes final and payable within ten (10) days.

F. If a hearing is properly requested, the running of the time periods described in this ordinance are automatically stayed. Notice of the hearing shall be given to the operator at least ten (10) days in advance. The Council may then determine the amount due, when it shall be paid, and whether or not the penalty time period under this Section shall resume running until payment. Once the amount due becomes fixed by the City Council, collection may be taken by the City Attorney.

Subd. 3. Administration. The City Administrator-Clerk shall be charged with the responsibility for enforcement and administration of this section.

Subd. 4. Violations. Violation of any provision of this section shall be a misdemeanor.

Subd. 5. Deposit in Special Purpose Fund. All revenues collected pursuant to this section shall be deposited in a special purpose fund, hereby established to be known as the "Motel Tax Fund."

Subd. 6. Distribution. Distribution of all revenues collected pursuant to this section shall be under budget approval annually by the City Council and shall be used for the purpose of the advancement of the City of Sauk Rapids as a tourist and convention center in cooperation with the City of St. Cloud. The City of Sauk Rapids may retain a sum not to exceed five (5%) percent for its costs incurred in the collection and administration of this tax. Any amounts collected by the City but not expended annually shall be held in the "Motel Tax Fund" established in this section and may be budgeted for future promotion, or used for development of new facilities which will benefit the tourist industry.

SECTION 4.18C PAWNBROKERS, PRECIOUS METALS DEALERS, AND SECONDHAND GOODS DEALERS

Subd. 1. Definitions. For the purposes of Subdivisions 1 through 19, the terms defined in this subdivision have the meanings given to them.

Issuing Authority. The City of Sauk Rapids.

Item Containing Precious Metal. An item made in whole or in part of metal and containing more than one (1) percent by weight of silver, gold, or platinum.

Licensee. The person to whom a license is issued under this section including any agents or employees of the person.

Minor. Any natural person under the age of 18 years.

Pawnbroker.

A. Definition. A person who:

1. Loans money on deposit or pledge of personal property or other valuable thing; or

2. Deals in the purchasing of personal property or other valuable thing on condition of selling it back again at a stipulated price; or

3. Loans money secured by a security interest in personal property, taking possession of the property or any part thereof; or

4. Meets the definition of Pawnbroker under Minnesota Statutes Chapter 325J.01.

B. Exemption. The following are exempt from the definition of “pawnbroker”:

1. Any bank regulated by the State of Minnesota, the comptroller of the currency of the United States, the Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve System, or any other federal or state authority and their affiliates;

2. Any bank or savings association whose deposits or accounts are eligible for insurance by the Federal Deposit Insurance Corporation or any successor to it and all affiliates of those banks and savings associations;

3. Any state or federally chartered credit union; or

4. Any industrial loan and thrift company or regulated lender subject to licensing and regulation by the Department of Commerce.

Pawnshop. The location at which or premises in which a pawnbroker regularly conducts business.

Pawn Transaction. Any loan on the security of pledged goods or any purchase of pledged goods on the condition that the pledged goods are left with the pawnbroker and may be redeemed or repurchased by the seller for a fixed price within a fixed period of time.

Person. An individual, partnership, corporation, limited liability company, joint venture, trust, association, or any other legal entity, however organized.

Pledged Goods. Tangible personal property other than choses in action, securities, bank drafts, or printed evidence of indebtedness, that are purchased by, deposited with, or otherwise actually delivered into the possession of a pawnbroker in connection with a pawn transaction.

Police Officer. The City of Sauk Rapids Police Chief, police officer, or his/her designee.

Precious Metal Dealer. Any person engaging in the business of buying secondhand items containing precious metal, including, but not limited to, jewelry, watches, eating utensils, candlesticks, and religious and decorative objects. The requirements of this section as they relate to Precious Metals Dealers do not apply to the following transactions:

1. Transactions at occasional “garage” or “yard” sales, or estate sales or farm auctions held at the descendant*s residence, except that precious metal dealers must comply with the requirements of Minnesota Statutes, Section 325F.734 to 325F.742, for these transactions;

2. Securities transactions regulated by Minnesota Statutes, Chapter 80A;

3. Transactions regulated by the Federal Commodity Futures Commissions Act;

4. Transactions involving the purchase of precious metal grindings, filings, slag, sweep, scraps, or dust from an industrial manufacturer, dental lab, dentist, or agent thereof;

5. Transactions involving the purchase of photographic film, such as lithographic and x-ray film, or silver residue or flake recovered in lithographic and x-ray film processing;

6. Transactions involving coins, bullion, or ingots;

7. Transactions in which the secondhand item containing precious metal is exchanged for a new item containing precious metal and the value of the new item exceeds the value of the secondhand item, except that a person who is a precious metal dealer by engaging in a transaction, which is not exempted by this section, must comply with the requirements of Minnesota Statutes, Sections 325F.734 to 325F.742;

8. Transactions between precious metal dealers if both dealers are licensed under Minnesota Statutes, Section 325F.733, or if the seller*s business is located outside of the state and the item is shipped from outside the state to a dealer licensed under Minnesota Statutes, Section 325F. 733; or

9. Transactions in which the buyer of the secondhand item containing precious metal is engaged primarily in the business of buying and selling antiques, and the items are resold in an unaltered condition except for repair, and the items are resold at retail, and the buyer paid less than $2500 for secondhand items containing precious metals purchased within any period of twelve (12) consecutive months.

Precious Metals. Silver, gold, or platinum.

Receive. To purchase, accept for sale on consignment, or take in pawn any secondhand goods.

Secondhand Goods Dealer.

A. Definition. Any person engaging in the business of buying and/or selling secondhand items, except:

1. Precious metal dealers or pawnbrokers;

2. Persons conducting transactions at occasional “garage” or “yard” sales, or estate sales or farm auctions;

3. Repurchasers of agricultural machinery or implements pursuant to Minnesota Statutes, Sections 325E.05 or 325E.06;

4. Recyclers, including but not limited to motor oil, aluminum, iron, glass, plastics, and paper;

5. Sales or purchases by a person licensed as a motor vehicle dealer;

6. Repurchasers of returned merchandise after initial retail sale from the repurchaser;

7. Dealers of secondhand clothing and linens except that dealers of secondhand bedding must comply with Minnesota Statutes, 325F.25 through 325F.34;

8. Dealers of wire and cable regulated under Minnesota Statutes 325E.21;

9. Persons making occasional (not more than 4 per year) private purchases and sales of secondhand items;

10. Dealers of secondhand books, magazines, video, or audio tapes, compact discs, films, or electronic game cartridges;

11. Charitable organizations that take used items for no compensation;

12. Dealers of furniture;

13. The sale of goods at an auction held by a licensed auctioneer;

14. The business of buying or selling only those secondhand goods taken as part or full payment for new goods and where such business is incidental to and not the primary business of a person; or

15. The bulk sale of property from a merchant, manufacturer, or wholesaler having an established place of business or of goods sold at open sale from bankrupt stock.

B. Exemptions: The requirements of this section as they relate to Second Hand Dealers do not apply to the following:

1. The sale of secondhand goods where all the following are present:

(a) The sale is held on property occupied as a dwelling by the seller or owned, rented, or leased by a charitable organization or political organization;

(b) The items offered for sale are owned by the occupant;

(d) That no more than three (3) sales are held in any twelve (12) month period;

2. Sales of goods sold at an exhibition, providing the exhibition does not last longer than ten (10) days, in any twelve (12) month period;

3. Sales of firearms, including antique firearms, by firearms dealers holding a current valid federal firearms dealer license permitting them to deal in such sales;

4. Sales made by the sheriff or other public officials in the discharge of their official duties;

5. Sales made by assignees or receivers appointed in this state to make sales for the benefit of creditors; or

6. Sales of secondhand books, magazines, sound or video recordings or films.

Subd. 2. Purpose. The City Council finds that pawnbrokers, precious metal dealers, and secondhand goods dealers potentially provide an opportunity for the commission of crimes and their concealment because such businesses have the ability to receive and transfer stolen property easily and quickly. The City Council also finds that consumer protection regulation is warranted in transactions involving pawnbrokers, precious metal dealers, and secondhand goods dealers. The purpose of this ordinance is to prevent these businesses from being used as facilities for the commission of crimes and to assure that they comply with basic consumer protection standards, thereby protecting the public health, safety, and general welfare of the citizens of the City.

Subd. 3. License Required.

A. License. No person shall engage in or carry on the business of a pawnbroker, precious metal dealer, or secondhand goods dealer or portray themselves as such, without a license issued by the City of Sauk Rapids for each and every separate office or place of business operated by such licensee in the City. Any pawn transaction made without benefit of a license is void.

B. Single Location. A license under this section shall authorize the licensee to carry on business only at the permanent place of business designated in the license. No license may be transferred to a different location or different licensee. A separate license is required for each place of business.

C. Additional Licenses. A pawnbroker may not operate or engage in the business of secondhand goods dealer without having obtained a secondhand goods dealer license in addition to a pawnbroker*s license. A precious metal dealer may not operate or engage in the business of secondhand goods without having obtained a secondhand goods dealer*s license. A secondhand goods dealer may not conduct, operate, or engage in the business of pawnbroker without having first obtained a pawnbroker*s license in addition to a secondhand dealers license.

D. Display Licenses. All licenses required and issued under this section shall be prominently displayed in a conspicuous location at the licensed business location.

Subd. 4. Multiple Dealers. The owners of a business, at which two or more secondhand goods dealers are engaged in business by maintaining separate sales and identifying themselves to the public as individual dealers, may obtain a multiple secondhand goods dealer license for that location. A multiple license may not be issued unless the following requirements are met:

A. The business must have a single name and address;

B. The business must operate in a compact and contiguous space as specified in the license;

C. The business must be under the unified control and supervision of the one person who holds the license;

D. Sales must be consummated at a central point of register operated by the owner or manager of the business and the owner must maintain a comprehensive account of all sales; and

E. The holder of a secondhand goods dealer multiple license under this section for a business with more than one dealer at the same location must comply with all of the requirements of this section including the responsibility for police reporting and record keeping in the same manner as any other dealer licensed under this section. A dealer licensed under this subsection is responsible to its customers for stolen or misrepresented goods sold at its place of business in the same manner as any other dealer under this section.

Subd. 5. Application Content. All applicants requesting a license pursuant to this section may be required to submit to a background investigation, including, but not limited to, a criminal history check. Every application for a license under this section shall be made on a form supplied by the issuing authority and shall contain all information indicated, including:

A. Natural Person. If the applicant is a natural person:

1. The name and date of birth, residence address, and telephone number of the applicant;

2. Whether the applicant is a citizen of the United States or a resident alien;

class=Section2>

3. Whether the applicant has ever used or has been known by a name other than the applicant*s name, and if so, the name or names used and information concerning dates and places where used;

4. The name of the business if it is to be conducted under a designation, name or style other than the name of the applicant and a copy of the certificate as required by Minnesota Statutes, Section 333.01;

5. The street addresses at which the applicant has lived during the preceding five (5) years;

6. The type, name, and location of every business or occupation in which the applicant has been engaged during the preceding five (5) years and the name(s) and address(es) of the applicant*s employer(s) and partner(s), if any, for the preceding five (5) years;

7. Whether the applicant has ever been convicted of a felony, crime, or violation of any ordinance other than a traffic ordinance. If so, the applicant shall furnish information as to the time, place, and offense for which convictions were had;

8. The physical description of the applicant;

9. If the applicant is married:

(a) The name, date of birth, and residence address of the applicant*s current spouse;

(b) The type, name and location of every business or occupation in which the applicant*s current spouse has been engaged during the preceding five (5) years;

(c) The names and addresses of the employer(s) or partner(s) of the applicant*s current spouse for the preceding five (5) years; and

(d) Whether the applicant*s current spouse has ever been convicted of any felony, crime, or violation of any statute or ordinance other than a traffic ordinance. If so, the applicant shall furnish information as to the time, place, and offense for which convictions were had;

B. Partnership. If the applicant is a partnership:

1. The name(s) and address(es) of all general and limited partners and all information concerning each general partner as required in subpart (A) of this section;

2. The name(s) of the managing partner(s) and the interest of each partner in the pawnbroker, precious metal dealer or secondhand goods dealer business; and

3. A true copy of the partnership agreement shall be submitted with the application. If the partnership is required to file a certificate as to a trade name pursuant to Minnesota Statutes, Section 333.01, a certified copy of such certificate shall be attached to the application;

C. Corporation and Other Organizations. If the applicant is a corporation or other organization:

1. The name of the corporation or business firm, and if incorporated, the state of incorporation;

2. A true copy of the Certificate of Incorporation, Articles of Incorporation (or Articles of Organization), or Association Agreement, and By-laws (or Operating Agreement) shall be attached to the application. If the applicant is a foreign corporation or entity, a Certificate of Authority as required by Minnesota Statutes, Section 303.06, shall be attached;

3. The name of the manager(s), proprietor(s), or other agent(s) in charge of the business and all information concerning each manager, proprietor, or agent required in subpart (A) of this section; and

4. A list of all persons who control or own an interest in excess of five (5) percent in such organization or business firm or who are officers of the corporation or business firm and all information concerning said persons required in subpart (1) above;

D. All Applicants. For all applicants:

1. Whether the applicant holds a current pawnbroker, precious metal dealer, or secondhand goods dealer license from any other governmental unit and whether the applicant is licensed under either Minnesota Statutes, Section 471.924, or Minnesota Statutes, Sections 325F.731-325F.744;

2. Whether the applicant has previously been denied a pawnbroker, precious metal dealer, or secondhand goods dealer license from any other governmental unit; class=Section3>

3. The names, street resident addresses, and business addresses of three residents of Benton, Hennepin, Ramsey, Sherburne, Stearns, or Wright County, who are of good moral character and are not related to the applicant or not holding any ownership in the premise or business, who may be referred to as to the applicants or managers character;

4. The location of the business premises;

5. The legal description of the premises to be licensed;

6. Whether all real estate and personal property taxes that are due and payable for the premises to be licensed have been paid, and if not paid, the years and the amounts that are unpaid;

7. Whenever the application is for premises either planned or under construction or undergoing substantial alteration, the application shall be accompanied by a set of preliminary plans showing the design of the proposed premises to be licensed. If the plans or design are on file with the City of Sauk Rapids, no plans need to be submitted with the issuing authority;

8. Proof of workers compensation coverage;

9. The name of the manager(s) or other agent(s) in charge of the business and all information concerning each manager, proprietor, or agent required in subpart (A) of this section; and

10. Such other information as the City Council or issuing authority may require.

Subd. 6. Application Consideration.

A. Hearing. The City Council shall conduct a hearing on the license application within a reasonable period following receipt of the issuing authority’s report and recommendation regarding the application. At least ten (10) days in advance of the City Council hearing on an application, the issuing authority shall cause notice of the hearing to be published in the official newspaper of the City, setting forth the day, time, and place of the hearing; the name of the applicant; the premises where the business is to be conducted; and the type of license which is sought. At the hearing, opportunity shall be given to any person to be heard for or against the granting of the license. Additional hearings on the application may be held if the City Council deems additional hearings necessary. After the class=Section4> hearing or hearings on the application, the City Council may, in its discretion, grant or deny the application.

B. Delivery. If an application is granted for a location where a building is under construction or not ready for occupancy, the license shall not be delivered to the licensee until a certificate of occupancy has been issued for the licensed premises.

Subd. 7. Application Execution.

A. Submission of Application. An application for a license pursuant to this section shall be submitted to the City Clerk on forms provided by the City. The Clerk shall refer applications to the police department and such other appropriate city departments for review, investigation, and recommendation. The Clerk shall submit the application for a pawnbroker, precious metal dealer, or secondhand goods dealer license to the City Council within thirty (30) days of receipt of the application.

B. Signed. All applications for a license under this section 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; limited liability company by one of the managers; and if that of an unincorporated association, by the manager or managing officer thereof.

C. Omissions. Any falsification of or a material omission from a license application shall constitute good and sufficient cause to deny the application. In addition to other penalties, the licensee*s license may be revoked by the City Council for a violation of this section.

Subd. 8. License Expiration. All licenses issued under this section shall expire as of midnight on December 31st of the year of issuance.

Subd. 9. License Renewal.

A. Renewal. An application for the renewal of an existing license shall be made prior to October 15th of the expiration year of the license and shall be made in such form as the issuing authority requires. If, in the judgment of the City Council, 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 Council may, if the other provisions of this section are complied with, grant the renewed application.

B. Nonrenewal. A license under this section will not be renewed:

class=Section5>

1. If the City Council determines that the licensee has failed to comply with the provisions of this section or other applicable ordinances or laws in preceding license years;

2. If the licensee, or if the licensee does not manage the establishment the manager of the licensed premises, is not a resident of the State of Minnesota on the date the renewal takes effect;

3. If in the case of a partnership, the managing partner or other person who manages the establishment is not a resident of the State of Minnesota on the date the renewal takes effect;

4. If in the case of a corporation, or other organization, the manager, a proprietor, or agent in charge of the establishment is not a resident of the State of Minnesota on the date the renewal takes effect; or

5. The time for establishing residence in the State of Minnesota may for good cause be extended by the City Council.

C. Existing Operations. Pawnbrokers, second hand goods dealers and precious metal dealers that are in business at the time the City Council adopts this Ordinance must apply for a license and pay the required fee within six (6) months of its adoption.

Subd. 10. Fees.

A. Application Fee. The license application fee for such license(s) shall be established by City Council Resolution on an annual basis.

1. The license application fee shall be paid in full before the application for a license shall be accepted. Upon rejection of any application for a license or upon withdrawal of any application before City Council approval, the license fee shall be refunded in full to applicant except where rejection is for a willful misstatement in the license application.

2. When a new license application is submitted, as a result of incorporation by an existing licensee and the ownership, control, and interest in the license are unchanged, no additional fee is required.

B. Investigation Fee. The investigation fee for such license(s) shall be established by the City Council on an annual basis.

1. An applicant for any license under this section shall deposit with the issuing authority at the time an original application is submitted, the established investigative fee, to cover the costs of verifying the license application and to cover the expense of any investigation needed to assure compliance with this section.

2. There shall be no refund of any of the investigative fees to the applicant, even if they withdraw their request for a license.

C. New Application Fee. A new application fee shall be required whenever there is a change of facts presented by the application other than the date, applicant*s home address, or building owner*s address, or in the case of any license not renewed prior to its expiration.

Subd. 11. Persons And Locations Ineligible For A License.

A. Natural Person. No license under this section shall be issued to an applicant who is a natural person if such applicant:

1. Is a minor at the time the application is filed;

2. Has been convicted of any crime directly related to the occupation licensed as prescribed in Minnesota Statutes, Section 364.03, subdivision 2, and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of a pawnbroker, precious metal dealer, or secondhand goods dealer as prescribed by Minnesota Statutes, Section 364.03, subdivision 3;

3. Is not a citizen of the United States or resident alien;

4. Is not of good moral character or repute; or

5. Who holds an intoxicating liquor license under the ordinances of this City.

B. Partnership. No license under this section shall be issued to an applicant if such applicant has any general partner or managing partner:

1. Who is a minor at the time the application is filed;

2. Who has been convicted of any crime directly related to the occupation licensed as prescribed by Minnesota Statutes, Section 364.03, subdivision 2, and who has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of a pawnbroker, precious metal dealer, or secondhand goods dealer as prescribed in Minnesota Statutes, Section 364.03, subdivision 3;

3. Who is not a citizen of the United States or resident alien;

4. Who is not of good moral character or repute; or

5. Who holds an intoxicating liquor license under the ordinances of this City.

C. Corporation or Other Organization. No license under this section shall be issued to an applicant that is a corporation or other organization if such applicant has any manager, proprietor, or agent in charge of the business to be licensed:

1. Who is a minor at the time the application is filed;

3. Who is not a citizen of the United States or resident alien;

4. Who is not of good moral character or repute; or

5. Who holds an intoxicating liquor license under the ordinances of this City.

D. Ineligibility. The following locations shall be ineligible for a license under this section:

1. No license shall be granted or renewed for operation on any property in which taxes, assessments, or other financial claims of the State, County, School District, or City are due, delinquent or unpaid. In the event a suit has been commenced under Minnesota Statutes, Section 278.01-278.03, questioning the amount and validity of taxes, the City Council may on application waive strict compliance with this provision. No waiver may be granted, however, for taxes or any portion thereof, which remain unpaid for a period exceeding one (1) year after becoming due; or

2. No license shall be granted or renewed if the property on which the business is conducted is owned by a person who is ineligible for a license under any of the requirements of this section.

E. Ownership Change. Any change, directly or beneficially, in the ownership of any licensed pawnshop shall require the application for a new license and the new owner must satisfy all current eligibility requirements.

Subd. 12. Bonds, Insurance, Assurances And Service.

A. Bond. Each application shall be accompanied by a bond with corporate surety, or in lieu thereof, cash or United States government bonds in the amount of $5000, which bond shall be approved by the City Council. All bonds shall be conditioned that the principal will observe all laws in relation to such licensed business, including in particular complying with each and every requirement of this section; will pay when due all fees, taxes, penalties and other charges provided by law, and will account for the delivery to any person legally entitled thereto any goods of that person which have come into the principal*s possession through the principal*s business as a pawnbroker, precious metal dealer, or secondhand goods dealer, or, in lieu thereof, will pay the reasonable value of the goods in money to the person. All bonds shall be for the period of the license year. Such bond shall be maintained for so long as the pawnbroker, precious metal dealer, or secondhand goods dealer does business as such for the benefit of the City or any person who shall suffer any damage through the licensee and shall not be terminable without the bond company giving written notice 30 days in advance of termination to the City Clerk.

B. Insurance. The licensed business and its principals shall obtain and keep current all insurance as required by the State of Minnesota, including workers compensation coverage, and shall provide proof thereof upon demand to the City Clerk.

C. Code. The licensed business shall at all times be located and operated in compliance with all existing requirements of the fire, building, health, and all other applicable codes of the City.

D. Service. A manager, proprietor, or agent in charge shall be authorized to accept service of process, civil or criminal, on behalf of the licensee.

Subd. 13. General License Restrictions.

A. Record keeping. At the time of receipt of an item of property, whether sold or pawned, the pawnbroker, precious metal dealer, or secondhand goods dealer shall immediately and legibly record in English, the following information, in a computerized record according to standards on file with the Police Chief, or in ink or other indelible medium in a book or journal, which has page numbers that are preprinted and in an indelible ink:

1. An accurate description of the item of property including, but not limited to, any trademark, identification number, serial number, or model number, brand name or other identifying mark on such item;

2. The date and time the item of property was received by the pawnbroker, precious metal dealer, or secondhand goods dealer;

3. The full name, residence address, residence telephone number, and date of birth of the person from whom the item of property was received;

4. The identification number and state of issue from one of the following forms of identification of the seller or pledgor:

(a) Current valid Minnesota driver’s license;

(b) Current valid Minnesota identification card; or

5. Description of the pledgor, including approximate height, sex, and race;

6. Amount advanced or paid;

7. Maturity date of the pawn transaction and the amount due; and

8. The monthly and annual interest rates, including all pawn fees and charges.

B. Photographic Record. A pawnbroker shall take either a photograph or a still video of each person selling or pawning any item of property. If a photograph is taken, it shall be at least two inches (2”) in length by two inches (2”) in width and shall be immediately developed and referenced with the information regarding the person and the item sold or pawned. The major portion of the photograph shall include a front facial pose. The pawnbroker shall notify the person of the photograph requirement prior to taking his or her photograph. If a still video photograph is taken, the video camera shall zoom in on the person pawning or selling the merchandise so

class=Section6> as to include a close-up of the person’s face. The video

photograph shall be referenced by time and date so as to correspond to the

merchandise sold or pawned by the person. The pawnbroker shall, by

adequate signage, inform the person that he or she is being videotaped.

The photographs and videotape shall be kept by the pawnbroker for four

(4) months.

C. Inspection of Records. The pawnbroker, precious metal dealer, or secondhand goods dealer shall make available the information (including photographs and still videos) required in subparts (A) and (B) of this section at all reasonable times for inspection by the City Police Department or issuing authority. The information required in subpart (A) of this section shall be retained by the pawnbroker, precious metal dealer or secondhand goods dealer on the premises for at least three (3) years. These records shall be a correct copy of the entries made of the transactions.

D. Items for which Daily Reports to Police are required. For the following items, the pawnbroker, precious metal dealer, or secondhand goods dealer shall complete forms approved by the City Police Department or the issuing authority and send the completed forms daily to the City Police Department:

1. Any item with an identification number, a serial number, or “Operation Identification” number.

2. Cameras.

3. Electronic audio or video equipment.

4. Precious jewelry, gems, and metals.

5. Artist-signed or artist-attributed works of art.

6. Firearms.

7. Any item not included in (1)—(6) above, except furniture and kitchen or laundry appliances, which the pawnbroker, precious metal dealer, or secondhand goods dealer intends to sell for more than twenty-five ($25) dollars.

E. Daily Report Forms. The daily report forms submitted to the City Police Department shall be sent by mail or courier before 12:00 noon, comprising class=Section7> a legible and correct copy of the records for all transactions, which occurred on the previous day.

F. Motor Vehicle Title Pawn Transaction. In addition to the other requirements of this section, a pawnbroker who holds a title to a motor vehicle as part of a pawn transaction shall:

1. Be licensed as a used motor vehicle dealer under Minn. Stat. §168.27, and post such license on the pawnshop premises;

2. Verify that there are no liens or encumbrances against the motor vehicle with the Minnesota Department of Public Safety; and

3. Verify that the pledgor has automobile insurance on the motor vehicle, as required by law.

A pawnbroker may not sell a motor vehicle covered by a pawn transaction until 90 days after recovery of the motor vehicle.

G. Police Order to Hold Property. Whenever the City Police Department notifies the pawnbroker, precious metal dealer, or secondhand goods dealer not to sell, alter or remove an item, the item shall not be sold, altered, or removed from the licensed premises until so authorized to be released by the City Police Department in writing, if the City Police Department has probable cause to believe the item is stolen.

H. Holding Period. Any item pawned to a pawnbroker for which a report to the police is required under this section shall not be sold or otherwise transferred for a period of 60 days after receipt of the item. However, an individual may redeem an item pawned 72 hours after the item was received on deposit by the pawnbroker. Any item sold to a precious metal dealer or secondhand goods dealer for which a report to the police is required shall not be resold or otherwise transferred, altered, or removed from the licensed premises for 14 days after the date of purchase.

I. Receipt. The pawnbroker, precious metal dealer, or secondhand goods dealer shall provide a receipt to the seller or pledgor of any item of property received, which shall include:

1. The name, address, and telephone number of the pawnbroker, precious metal dealer, or secondhand goods dealer;

2. The date on which the item was received by the pawnbroker, precious metal dealer, or secondhand goods dealer;

3. A description of the item received and amount paid to the pledgor seller in exchange for the item pawned or sold;

4. The signature of the pawnbroker, precious metal, secondhand goods dealer, or agent;

5. The last regular business day by which the item must be redeemed by the pledgor without risk that the item will be sold and the amount necessary to redeem the pawned item on that date;

6. The annual rate of interest charged on pawned items received;

7. The name and address of the pledgor or seller;

8. The pledgor’s signature;

9. The statement that “any personal property pledged to a pawnbroker within this state is subject to sale or disposal when there has been no payment made on the account for a period of not less than 60 days past the date of the pawn transaction, renewal, or extension; no further notice is necessary. There is no obligation for the pledgor to redeem pledged goods”;

10. The statement that “the pledgor of this item attests that it is not stolen, it has no liens or encumbrances against it, and the pledgor has the right to sell or pawn the item”; and

11. The statement that “this item is redeemable only by the pledgor to whom the receipt was issued, or any person identified in a written and notarized authorization to redeem the property identified in the receipt, or a person identified in writing by the pledgor at the time of the initial transaction and signed by the pledgor. Written authorization for release of property to persons other than the original pledgor must be maintained along with the original transaction record.”

J. Redemption; Risk of Loss. Any person to whom the receipt for pledged goods was issued, or any person identified in a written and notarized authorization to redeem the pledged goods identified in the receipt, or any person identified in writing by the pledgor at the time of the initial transaction and signed by the pledgor shall be entitled to redeem or repurchase the pledged goods described on the ticket. In the event the goods are lost or damaged while in possession of the pawnbroker, the pawnbroker shall compensate the pledgor, in cash or replacement goods acceptable to the pledgor, for the fair market value of the lost or damaged

class=Section8> goods. Proof of compensation shall be a defense to any

prosecution or civil action.

K. Effect of Nonredemption.

1. A pledgor shall have no obligation to redeem pledged goods or make any payments on a pawn transaction. Pledged goods not redeemed within at least 60 days of the date of the pawn transaction, renewal, or extension shall automatically be forfeited to the pawnbroker and qualified right, title, and interest in and to the goods shall automatically vest in the pawnbroker.

2. The pawnbroker’s right, title, and interest in the pledged goods under paragraph (1) is qualified only by the pledgor’s right, while the pledged goods remain in the possession of the pawnbroker and not sold to a third party, to redeem the goods by paying the loan plus fees and/or interest accrued up to the date of redemption.

3. A pawn transaction that involves holding only the title to property is subject to Minn. Stat. Ch. 168A or 336.

L. Permitted Charges.

1. A pawnbroker may contract for and receive a pawnshop charge not to exceed three (3) percent per month of the principal amount advanced in a pawn transaction plus a reasonable fee for storage and services. A fee for storage and services may not exceed $20 if the property is not in the possession of the pawnbroker.

2. The pawnshop charge allowed under paragraph (1) shall be deemed earned, due, and owing as of the date of the pawn transaction and a like sum shall be deemed, earned, due, and owing on the same day of the succeeding month. However, if full payment is made more than two weeks before the next succeeding date, the pawnbroker shall remit one-half of the pawnshop charge for that month to the pledgor.

3. Interest shall not be deducted in advance, nor shall any loan be divided or split so as to yield greater interest or fees than would be permitted upon a single, consolidated loan or for otherwise evading any provisions in this section.

4. Any interest, charge, or fees contracted for or received, directly or indirectly, in excess of the amount permitted under this section, shall be uncollectible and the pawn transaction shall be void.

5. The schedule of charges permitted by this section shall be posted on the pawnshop premises in a place clearly visible to the general public.

M. Hours of Operation. No property shall be received as a pledge or purchased by any pawnbroker, precious metal dealer, or secondhand goods dealer, nor shall any property be sold by a pawnbroker, precious metal dealer, or secondhand goods dealer before 7:00 a.m., nor after 9:00 p.m., on any day.

Subd. 14. Denial, Suspension or Revocation Of License.

A. Denial, Suspension or Revocation. Any license granted under this section may be denied, suspended, or revoked for any of the following reasons:

1. Any conflict with the City of Sauk Rapids* health, building, fire, and other ordinances or codes, or state laws;

2. Failure by the applicant to comply with one or more provisions of this section or Minnesota Statutes Chapter 325J;

3. Fraud, misrepresentation, or false statements made in the course of the applicant*s business;

4. Fraud, misrepresentation, or false statements, or bribery in securing a license; or

5. Any conviction of a felony or violation within the preceding five (5) years of any law relating to theft, damage, or trespass to property, or sale of a controlled substance, of any person upon which information is requested for under Subdivision 6 of this section.

B. Pre-hearing Suspension. Notwithstanding anything in this section to the contrary, any conviction of the pawnbroker, precious metal dealer, or secondhand goods dealer for theft, receiving stolen property, or any other crime or violation involving stolen property shall result in the immediate suspension pending a hearing on revocation of any license issued hereunder.

C. Hearing. Except in the case of a suspension pending a hearing on

revocation, a revocation or suspension by the City Council shall be preceded by written notice to the licensee and a hearing. The written

class=Section9> notice shall give at least ten (10) days notice of the time and place of the hearing and shall state the nature of the charges against the pawnbroker, precious metal dealer, or secondhand goods dealer. The notice may be served upon the licensee by United States mail addressed to the most recent address of the business in the license application. The licensee, or representative, may appear at the hearing with or without legal counsel and present evidence in opposition to the suspension or revocation. Notwithstanding the above, in the event the health, safety or welfare of the citizens of the City is at immediate risk, the City Council may, without any notice, suspend any license pending a hearing on revocation for a period not exceeding thirty (30) days.

D. Notification of Police. The City Police Department shall be notified by the City Council of any licensee whose license has expired or been suspended or revoked, as provided by this section.

E. Pre-existing Contracts. No expiration, revocation, suspension, or surrender of any license shall impair or affect the obligation of any pre-existing lawful contract between the licensee and any pledgor.

Subd. 15. Prohibitions.

A. Pawnbroker. A pawnbroker and any clerk, agent, or employee of a pawnbroker shall not:

1. Lend money on a pledge at a rate of interest above that allowed by law;

2. Knowingly possess stolen goods;

3. Sell pledged goods before the time to redeem them has expired;

4. Make a loan or a pledge or purchase property from a minor;

5. Make any false entry in the records of pawn transactions;

6. Falsify, obliterate, destroy, or remove from the place of business the records, books, or accounts relating to the licensee’s pawn transactions;

7. Make any agreement requiring the personal liability of a pledgor or seller or waiving any provision of this section, or providing for a maturity date less than one month after the date of the pawn transaction;

8. Fail to return pledged goods to a pledgor or seller, or provide compensation as set forth upon redemption, upon payment of the full amount due the pawnbroker unless either the date of redemption is more than 60 days past the date of the pawn transaction, renewal, or extension to the pawnbroker has sold the pledged goods following nonredemption, or the pledged goods have been taken into custody by a court or a law enforcement officer or agency;

9. Sell or lease, or agree to sell or lease, pledged or purchase goods back to the pledgor or seller in the same, or related, transaction;

10. Sell or otherwise charge for insurance in connection with a pawn transaction;

11. Remove pledged goods from the pawnshop premises or other storage place approved by a municipality at any time before unredeemed, pledged goods are sold following nonredemption;

12. Refuse to allow the appropriate law enforcement agency, the Attorney General, or any other duly authorized state or federal law enforcement officer to inspect the pawn records or any pawn goods in the person’s possession during the ordinary hours of business or other times acceptable to both parties; or

13. Fail to maintain a record of each pawn transaction for three years.

B. Precious Metal Dealer or Secondhand Goods Dealer. A precious metal dealer or secondhand goods dealer and any clerk, agent, or employee of the precious metal dealer or secondhand goods dealer shall not:

1. Knowingly possess stolen goods; or

2. Purchase property from a minor.

C. Minors. No person under the age of (18) years shall sell or pawn any secondhand goods to any licensee.

D. Identification Numbers. No licensee under this section shall accept any item of property, which contains an altered or obliterated serial number or “Operation Identification” number or any item of property whose serial number has been removed.

Subd. 16. Location. No pawnshop located in the City shall be located within 10 miles of any gambling casino.

Subd. 17. Minnesota Statutes 325J. The minimum requirements as set out in Minnesota Statutes Chapter 325J are incorporated herein to the extent such requirements are more restrictive than this section. It is, however, the intent of the City to create additional obligations and requirements than the minimums set out in Chapter 325J.

Subd. 18. Penalties. In addition to any sanctions that may be imposed against a license under this section, any person violating any provision of this section shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than $700 or by imprisonment of not more than 90 days, or both, plus costs of prosecution in either case.

Subd. 19. Severability. Should any section, subdivision, clause, or other provision of this ordinance be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the ordinance as a whole or any part other than the part declared to be invalid.

SECTION 4.19 PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS

Subd. 1. Definition. When using this Section, the following terms have the following meanings:

A. "Peddler" means any person, whether a resident of the City of Sauk Rapids or not, who goes from house to house, from place to place, or from street to street, conveying or transporting goods, wares, or merchandise or offering or exposing the same for sale, or making sales and delivering articles to purchasers. It does not include vendors of dairy products, bakery products or groceries who distribute their products to regular customers on established routes.

B. "Solicitor" means any person, whether a resident of the City of Sauk Rapids or not, who goes from house to house, from place to place, or from street to street, soliciting, or taking or attempting to take orders for the sale of goods, wares, or merchandise, whether or not such individual has, carries or exposes for sale, a sample of the subject of such order or whether or not said person is collecting advance payments on such orders.

C. "Transient Merchant" includes any person, firm or corporation, whether its owner, agent, consignee, or employee, whether a resident of the City of Sauk Rapids or not, who engages in a temporary business of selling or delivering goods, wares and merchandise within said City and who further for such purpose hires, leases, uses or occupies any building, structure, motor vehicle, trailer, tent, railroad boxcar, boat, public room in hotels or motels, lodging houses, apartments, shops or in any street, alley or other place within the City for the exhibition and sale of such goods, wares and merchandise, either privately or publicly, provided that such definition does not include any person, firm or corporation who, while occupying such temporary location, does not sell from stock, but exhibits samples for the purpose of securing orders for future delivery only. A person, firm or corporation so engaged is relieved from complying with the provisions of this ordinance merely by reason of associating temporarily with any local dealer, trader, merchant or by conducting such transient business in connection with, as part of, or in the name of any local dealer, trader or merchant.

D. "Canvasser" means any person who goes from house to house in an effort to take orders for goods.

Subd. 2. License Required. No person shall peddle, solicit, or offer for sale as a transient merchant any items or engage in any such business within the City of Sauk Rapids unless exempted by specific provisions of this section without first obtaining a license in compliance with the provisions of this chapter.

Subd. 3. License Exemptions.

A. The provisions of this section shall not apply to agents of wholesale houses or manufacturing establishments calling on local businesses for orders, nor shall this apply to any person who may sell the produce of his or her farm or garden occupied and cultivated by said person, nor to any person soliciting subscriptions to newspapers, magazines, or periodicals.

B. Any organization, society, association or corporation desiring to solicit or to have solicited in its name money, donations of money, property, or financial assistance of any kind, upon the streets, in office or business buildings, by house to house canvass, or in public places for a charitable, religious, patriotic or other philanthropic purpose, shall be exempt from the provisions of Subd. 2. provided, however, all organizations society or corporations under this section do not have a regular place of business within the City of Sauk Rapids shall be required to register with the City Clerk on forms so provided, one week prior to canvassing, solicitation, or obtaining of donations or other financial assistance in the City of Sauk Rapids. The Registration requirement is mandatory and any violator of this section will be prosecuted.

Subd. 4. License Application.

A. Every person and organization desiring to engage in the activities provided in this section, unless specifically exempted, shall be required to make application in writing to the Sauk Rapids City Clerk on forms so provided. Said application forms must be completed in their entirety, and failure to abide by this provision will be sufficient to deny licensure.

B. At the time of filing the application, the appropriate fee as set by the Sauk Rapids City Council, shall be paid to the Sauk Rapids City Clerk to cover the cost of investigation of the facts contained in the application and to cover the cost of the license.

C. Upon receipt of each application, it shall be referred to the Sauk Rapids Police Department, who shall immediately investigate the applicant's business, and to conduct inquiries as seemed necessary for the protection of the public good. Upon completion of the investigation, the Sauk Rapids Chief of Police shall endorse the application within 72 hours after it has been submitted by the applicant to the Sauk Rapids City Clerk and said endorsement shall include the Police Department's approval or disapproval, and if disapproved, the reasons for the same.

D. The application shall then be returned to the Sauk Rapids City Clerk who shall notify the applicant of the action taken, and if approved, the appropriate license shall be issued.

Subd. 5. Enforcement. It shall be the duty of the Sauk Rapids Police Department to require any person seen peddling, soliciting or canvassing, and who is not known by such officer to have obtained a license hereunder, to produce said license and to enforce the provisions of this code against any person found to be violating the same.

Subd. 6. Revocation of License. Any license issued under the provisions of this ordinance may be revoked by the Sauk Rapids City Council for any of the following causes: fraud, misrepresentation, incorrect statement contained in the application, any violation of this chapter, conviction of any crime or misdemeanor, conducting the business of a peddler, canvasser, solicitor or transient merchant, itinerant merchant or itinerant vendor 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 the general welfare of the public. Notice of said revocation shall require Council action and said notice shall be provided in writing to the license applicant by personal service in the same manner as service of a Summons and Complaint. Any person aggrieved by the revocation of a license may appeal to the Sauk Rapids City Council, by filing with the Council a written statement setting forth the grounds for the appeal, and by filing said statement with the Sauk Rapids City Clerk within ten (10) days after receiving notice of the revocation. In the interim, the revocation remains effective until reinstatement, if any, by the Sauk Rapids City Council.

Subd. 7. Expiration of License. All licenses issued under the provisions of this chapter shall expire at midnight on the date for termination. All licenses shall specify the date of expiration.

Subd.8. Posting Notice of No Solicitation. All owners or occupants of residential or business premises who do not wish to be disturbed by peddlers, solicitors, salespersons, canvassers, transient merchants or similar persons may post a notice stating "No Soliciting". Said notice should be in sufficiently sized block letters of contrasting lettering and posted in a conspicuous location(s) such that it can be easily discerned by passerby. Any licensed or unlicensed person or organization attempting to peddle or solicite orders for the sale of services or goods, and whose attention has been called to the posted notice by an occupant, shall constitute a nuisance and the penalty section of this code shall apply.

SECTION 4.19A

Subd. 1. Definition. For purposes of this section, the following terms have the following meanings:

“Mobile Food Unit” means a food and beverage service establishment that is a vehicle mounted unit that is:

1. a motorized or trailered self-contained unit in which food is stored, cooked, and prepared for direct sale to the consumer, except that it does not include a motor vehicle utilized solely as the point of retail sales for pre-wrapped or pre-packaged ice cream, frozen yogurt, frozen custard, flavored frozen water or similar frozen dessert products;

2. operated in conjunction with a permanent business licensed under Chapter 157 or Chapter 128A of the Minnesota State Statutes at the site of the permanent business by the same individual or company, and readily movable, without disassembling, for transport to another location, and a self-contained unit, in which food is stored, cooked, and prepared for direct sale to the consumer; or

Subd. 2. Permit Required. No person shall operate a Mobile Food Unit within the City of Sauk Rapids without a permit. Two types of non-refundable permits for Mobile Food Units may be issued as follows:

A. Special Event Permit. A Mobile Food Unit maybe allowed to operate in connection with a Special Event Permit. Special Event Permits issued for special events for public, institutional, or non-profit uses may allow for the operation of a Mobile Food Unit in the City so long as such operation is restricted to the location designated on the special event permit and for the duration of the special event. A Special Event Permit may also be issued for a private one-time event that is exempt from special event regulations such as a wedding. When Mobile Food Units are operating at private events, they shall not serve the general public and must prominently post “Private Event” signs.

B. General Permit. A Mobile Food Unit may be issued a general permit to operate within the City and serve the public. A general Permit shall be valid only for the specific dates it is authorized, not to exceed 14 days per calendar year.

Subd. 3. Application. Applications for General Mobile Food Unit Permits and Special Event Mobile Food Unit Permits shall include the following:

A. Proof of Health License. A copy of a valid license from the State or County must be submitted to the City prior to the issuance of a license.

B. Proof of Insurance. All applicants must maintain general liability insurance in the amount of $100,000 per individual, $300,000 per incident, and $50,000 for property damage. A copy of a valid certificate of insurance must be submitted to the City prior to the issuance of a license.

C. Hold Harmless Agreement. If a Mobile Food Unit Permit includes approval for the operation within public rights-of-way, the applicant must execute a hold harmless agreement with the City of Sauk Rapids.

D. Description of Mobile Food Unit. The applicant must identify the type, size, and color of the Mobile Food Unit, along with the description of accompanying signage and awnings.

E. Description of Operation. The applicant must describe the items to be sold, the manner in which food is prepared and served, the plan for waste management for both production and items sold to customers, power use, and the use or placement of any items outside of the Mobile Food Unit.

F. Site Location for Special Event. For special events, applicants must provide a basic site plan identifying the location of the Mobile Food Unit on the site, including distances from lot lines and structures.

Subd. 4. Issuance. General Permits shall be issued by the Community Development Director after consultation with the Police Department and Public Works Department. Special Event Permits shall be issued by the City Council.

Subd. 5. Mobile Food Unit Regulations. Mobile Food Units are required to meet the following standards:

A. Valid License. Mobile Food Units must be licensed by the Minnesota Department of Health or Benton County, and must adhere to State regulations. Evidence of the State license must be provided to the City as part of the application process and must be valid and maintained for the duration of the City-issued permit.

B. Performance Standards. Mobile Food Units shall be kept in a neat and orderly manner, and shall adhere to the following site and operational requirements:

i. Trash and recycling collection and clean-up must be provided.

ii. Mobile Food Units, if necessary, to their business, must provide an independent power supply which is screened from view and shall not exceed 60 decibels at peak load.

iii. Mobile Food Units may not maintain or use outside sound amplifying equipment or noisemakers such as bells, horns whistles or flashing lights.

iv. Mobile food units cannot obstruct the movement of pedestrians or vehicles, or pose a hazard to public safety.

v. No sales are permitted while the Mobile Food Unit is moving.

vi. The name of the Mobile Food Unit must be prominently displayed on each side of the Mobile Food Unit with the name address and telephone number of the owner.

vii. Mobile Food Unit permits are not transferable or assignable.

C. Violations. A violation of Section 4.19A of the Code is misdemeanor. If a Mobile Food Unit is found to be in non-compliance with any conditions as provided in Section 4.19A of the Code, the City reserves the right to revoke the permit or refuse to issue subsequent permits.

Subd. 4. Hours of Operation. Mobile Food Units are required to meet the following: standards:

A. No operation between the hours of 10:00 pm and 6:00 a.m.; hours may be extended for a Special Event Permit.

B. No operation in any public right-of-way except in conjunction with a Special Event Permit.

Subd. 5. Areas of Operation. Mobile Food Units are required to meet the following standards:

A. Permitted Areas. Private property or any other area when in conjunction with a Special Event Permit.

B. Limited Operation in Residential Areas. Mobile Food Units may only operate on residentially zoned properties as authorized by a Special Event Permit.

C. Operation Near Restaurants. Unless authorized by a Special Event Permit, no Mobile Food Unit may operate within 300 feet of an existing food service business, tavern, bar, service club or lodge located in the Historic Downtown Business District without written authorization of the existing food service business, tavern, bar, service club or lodge.

D. No Mobile Food Unit may operate for more than 14 calendar days in the City. (Attendance at Special Events shall not count against the 14 calendar days.

Subd. 6 Exemptions. The following exemptions to certain aforementioned provisions apply.

A. City Parks.

a. Definitions. As referenced in this Subdivision, “City Parks” are defined as Lions Park, Mayhew Creek Park, Municipal Park, and Southside Park.

b. Permitted Areas. Notwithstanding the Permitted Areas provision in Subdivision 5, paragraph A, a Mobile Food Unit with a valid General Permit may operate in the parking lots of City Parks.

c. No Interference with Special Permit. A Mobile Food Unit operating without a Special Event Permit may not operate within 300 feet of any Mobile Food Unit operating with a Special Event Permit in a City Park.

d. Exemption of 14 Day Limitation. Operation of a Mobile Food Unit in any City Park does not count against the 14-calendar day limitation in Subdivision 5, paragraph D and Subdivision 2, paragraph B.

e. Exemption of 300 Feet Setback. Operation of a Mobile Food Unit in any City Park is exempted from the 300 feet set back requirement in Subdivision 5, paragraph C.

f. Remaining Provisions Still Apply. Unless specifically exempted in Subdivision 6, the remaining provisions of the City of Sauk Rapids City Code Section 4.19A still apply to any Mobile Food Unit operating in a City Park.

B. Public School Property.

a. Exemption of 14 Day Limitation. Operation of a Mobile Food Unit on any Public School property does not count against the 14-calendar day limitation in Subdivision 5, paragraph D and Subdivision 2, paragraph B.

b. Remaining Provisions Still Apply. Unless specifically exempted in Subdivision 6, the remaining provisions of the City of Sauk Rapids City Code Section 4.19A still apply to any Mobile Food Unit operating on Public School property.

C. Industrial Park.

a. Definitions. As referenced in this Subdivision, the Industrial Park is defined as those areas zoned Industrial 1 on the official City Zoning map.

b. Exemption of 14 Day Limitation. Operation of a Mobile Food Unit in the Industrial Park does not count against the 14-calendar day limitation in Subdivision 5, paragraph D and Subdivision 2, paragraph B.

c. Remaining Provisions Still Apply. Unless specifically exempted in Subdivision 6, the remaining provisions of the City of Sauk Rapids City Code Section 4.19A still apply to any Mobile Food Unit operating in the Industrial Park.

SECTION 4.20 PLUMBERS.

No person or persons shall carry on the business of plumbing or engage in conducting plumbing or house drainage until they shall have obtained as such plumber, a license from the Council. Application for such license shall be made to the Clerk and no such license shall be granted until the applicant shall have paid the required license fee as duly set by the Council from time to time to the Treasurer, and shall have filed with the Clerk a Code Compliance bond in the sum of $25,000 to be approved by the Council, conditioned to benefit persons injured or suffering financial loss by reason of failure to comply with the requirements of the plumbing code, or any subsequent provision or enactment approved and enacted by the Council.

SECTION 4.21 RESERVED

SECTION 4.22 SLAUGHTER OPERATIONS

Subd. 1. License Required. No person, firm or corporation shall establish or operate a business of slaughtering cattle, swine or poultry within the corporate limits of this municipality without a valid license to do so.

Subd. 2. Application and Issuance. The application shall state the address and legal description of the premises, the maximum number of animals or poultry to be slaughtered in any one (1) day, the provisions for holding before slaughtering, provisions for disposal of wastes and offal, and such other information the Council may request. The Council may order a public hearing before final consideration.

Subd. 3. License Fee. The fee for such license shall be in the amount duly established by Council resolution from time to time.

Subd. 4. Conditions of Operations.

A. All licenses under this ordinance must operate and abide by the conditions set forth in the articles which follow:

B. No live animals or poultry are to be kept on the premises for over (12) hours before slaughtering. Live animals are to be kept inside or in an enclosure so as not to be visible to the public, and are to be treated in a humane manner.

C. All premises are to be kept in a neat and orderly condition at all times and shall comply in this regard with State and Federal regulations, even though the licensee may not be subject to such regulations.

D. All waste and offal shall be removed at least once each day, and no waste, offal or blood shall be inserted or drained into the sewer system of this municipality.

SECTION 4.23 DELETED

SECTION 4.24 SALES AND USE TAX

Subd 1. Authority. The Minnesota Legislature has, by laws of Minnesota for 2005, 1^st Special Session, Chapter 3, Article 5, Section 37, authorized the City of Sauk Rapids to impose a one-half percent sales and use tax to assist in funding projects in the community that are of regional significance. The Act was approved by the City in accordance with applicable law, and by a majority of the voters at the November 7, 2006 general election.

Subd 2. Definitions. The words, terms, and phrases used in this Ordinance shall have the meaning ascribed to them in Minnesota Statutes Section 297A, except where the context clearly indicates otherwise. In addition, the following definitions shall apply:

a. Act means laws of Minnesota for 2005, 1st Special Session, Chapter 3, Article 5, Section 37;

b. City means the City of Sauk Rapids;

c. Commissioner means the Commissioner of Revenue for the State of Minnesota acting under the authority of an agreement entered into between the City and the State of Minnesota pursuant to the Act, or such other person or entity designated to administer and collect the Sauk Rapids Sales and Use Tax;

d. Sauk Rapids Sales and Use Tax means the sales and use tax imposed and collected pursuant to this ordinance;

e. Ordinance means this ordinance in its present form and as subsequently codified in the Sauk Rapids City Code;

f. Retailer maintaining a place of business in the City or any like term shall mean any retailer having or maintaining within the City, directly or by a subsidiary, an office, place of distribution, sales or sample room or place, warehouse, or other place of business, or having any representative, agent, sales person, canvasser or solicitor operating in the City under authority of the Retailer or its subsidiary, for any purpose, including the repairing, selling, delivering, installation, or soliciting of order of the Retailer’s goods or services, or the leasing of tangible personal property located in the City, whether the place of business or agent, representative, sales person, canvasser, or solicitor is located in the City permanently or temporarily, or whether the Retailer or subsidiary is authorized to do business within the City.

Subd 3. Sales and Use Tax. Except as otherwise provided in this Ordinance, there is hereby imposed an additional excise tax in the amount of one-half of one percent on the gross receipts from the sales at retail, and the storage, use, distribution, or consumption of goods or services which are taxable pursuant to Minnesota Statutes Chapter 297A and occur within the City of Sauk Rapids. The imposition, administration, collection, and enforcement of this tax shall be governed by the provisions of Minnesota Statutes Chapter 297A and the Joint Powers Agreement executed by all the cities imposing the tax pursuant to laws of Minnesota for 2005, 1st Special Session, Chapter 3, Article 5, Section 37.

Subd 4. Proceeds. The proceeds of the Sauk Rapids Sales and Use Tax shall be used in the discretion of the City Council for the projects approved by the voters at the November 7, 2006 general election. In addition, the Sales and Use Tax revenue allocated to each project is limited to the amount specified. The approved projects are:

a. Improvements to regionally significant parks and facilities, including the acquisition of, betterment of, development of and improvements to new and payment of debt service on bonds issued to fund new and existing regional athletic and recreational parks and trails and complementary recreational facilities, which could include trails, recreational fields, shelters and other community buildings, and similar recreational facilities (up to $10,000,000.00);

b. Improvements to regionally significant roadways, including the acquisition, betterment and construction of and payment of debt service on bonds issued to fund new and reconstruction of existing regional roadway corridors and other regionally significant major roadway improvements (up to $15,000,000.00);

c. Improvements to Sports Arena East (up to $250,000.00).

Subd 5. Separate Statement; Collection from Purchaser, Advertising No Tax; Minimum Uniform Tax Collection Methods. The Sauk Rapids Sales and Use Tax shall be stated and charged separately from the sales price or charge for service insofar as practical, and should be a debt from the purchaser to the seller recoverable at law in the same manner as other debts. In computing the tax to be collected as a result of any transaction, any amount of tax less than one-half of one cent may be disregarded and amounts of tax one-half cent or more may be considered an additional cent. If the sales price of any sale at Retail is ninety-nine cents or less, no tax shall be collected.

Subd 6. Exemption Certificates. An exemption certificate taken in good faith from a purchaser to the effect that the property purchased is for resale or that the sale is otherwise exempt from application of the tax imposed by this Ordinance will conclusively relieve the Retailer from collecting and remitting the tax. A person who has obtained from the Commissioner an exemption certificate pursuant to Minnesota Statutes Chapter 297A may use such exemption certificate for the purposes of the sales tax imposed by the City.

Subd. 7. Presumption of Purpose of Sale. For the purpose of the proper administration and enforcement of Section 3 of this Ordinance, it shall be presumed that all retail sales for delivery in the City are for storage, use, or other consumption in the City until the contrary is established.

Subd 8. Collection of Sales and Use Tax at the Time of Sale.

a. Any Retailer making deliveries within the City, any Retailer maintaining a place of business in the City, or any other Retailer otherwise doing business within the City, upon making sales or any items described in Section 3 of this Ordinance which are not exempted from the Sales and Use tax and which are to be delivered or caused to be delivered within the City to the purchaser, shall at the time of making such sales, collect the Sales and Use Tax from the purchaser. The tax collected by such retailer shall be remitted to the Commissioner on behalf of the City.

b. Any Retailer required to collect the Sauk Rapids Sales and Use Tax and remit such tax to the Commissioner pursuant to this Section shall register with the Commissioner and provide such other information as the Commissioner may require.

Subd 9. Agent Retailer. When in the opinion of the Commissioner it is necessary for the efficient administration of the Sales and Use Tax, the Commissioner may regard any salesman, representative, trucker, peddler, or canvasser as the agent of the dealer, distributor, supervisor, employer or other person under whom such salesman, representative, trucker, peddler or canvasser operated or from whom the tangible property is being sold is obtained, and may regard the dealer, distributor, supervisor, employer or other person as a Retailer for the purposes of this Ordinance.

Subd 10. Effective Date. Except as otherwise provided herein, the Sauk Rapids Sales and Use Tax authorized by this Ordinance shall apply to sales made on or after January 1, 2007, and shall be in addition to all other taxes now in effect. The effect of this ordinance is to replace the sales and use tax previously authorized by Laws of Minnesota for 2002, Chapter 377, Article 11, Section 2 and Sauk Rapids Ordinance No. 2002-557. Ordinance No. 2002-557 remains in effect until the effective date of this ordinance.

Subd 11. Collection and Enforcement. The Sauk Rapids Sales and Use Tax imposed by the City pursuant to this Ordinance shall be subject to the same interests, penalties, and other rules as are applicable to the State general sales and use tax imposed by Minnesota Statutes Chapters 289A and 297A. The Sauk Rapids Sales and Use Tax imposed by the City pursuant to this Ordinance may be collected by the State on behalf of the City as provided by an appropriate agreement with the Minnesota Commissioner of Revenue.

Subd 12. Tax Clearance Issuance of License. The City may not issue or renew a license for the conduct of a trade or business in the City if the Commissioner notifies the City that the applicant for such license owes delinquent Sauk Rapids Sales and Use Taxes as provided in this Ordinance, or penalties or interest due on such taxes. For the purposes of this Section 12, the following terms have the following meanings:

a. Sauk Rapids Sales and Use Taxes include the one-half cent sales and use tax as provided in this Ordinance. Penalties and interest are penalties and interest due on taxes included in this definition.

b. Delinquent taxes does not include a tax liability if:

i. There is a pending or ongoing administrative or court action in which the amount of, or validity of a tax liability is contested;

ii. The appeal period to contest tax liability has not expired; or

iii. The applicant has entered into a payment agreement and is current with the payments.

c. Applicant means an individual if the license is issued to or in the name of an individual or the corporation, partnership, or other entity if the license is issued to or in the name of a corporation, partnership, or other entity.

A copy of the notice of delinquent taxes given to the City shall also be sent to the applicant taxpayer. In the case of renewal of a license, if the applicant requests a hearing in writing within thirty (30) days of the receipt of the notice of delinquent taxes, then a contested case hearing shall be held by the Commissioner under the same procedures as provided in Minnesota Statutes Section 270.72 for the State sales and use tax imposed under Minnesota Statutes Chapter 297A, provided that if a hearing must be held on the State sales and use tax, the hearings may be combined.

Subd 13. Repeal of Prior Ordinance. Sauk Rapids Ordinance No. 2002-557, an ordinance that imposed a one-half percent sales and use tax in the City effective January 1, 2003, is repealed upon the effective date of this ordinance.

SECTION 4.25 Body Art Establishments

Subd. 1. Definitions

A. “Body Piercing” will have the same definition as contained in Minnesota Statute Section 146B.01 Subd. 6, or any superseding statute.

B. “Branding” will have the same definition as contained in Minnesota Statute Section 146B.01 Subd. 7, or any superseding statute.

C. “Tattooing” will have the same definition as contained in Minnesota Statute Section 146B.01 Subd. 30, or any superseding statute.

D. “Scarification” will have the same definition as contained in Minnesota Statue Section 146B.01 Subd. 22, or any superseding statute.

Subd. 2 License Required. No person will engage in the practice of tattooing, body piercing, branding, or scarification without being licensed under Minnesota Statutes Chapter 146B, and the rules promulgated thereunder.

Subd. 3. Location Restricted. No person will engage in the practice of tattooing, body piercing, branding, or scarification at any place other than the place or location named or described in the license. All locations will comply with the City of Sauk Rapids’ Zoning Ordinance.

Subd. 4. Health and Sanitary Requirements. No person will engage in the practice of tattooing, body piercing, branding, or scarification at any place within the City of Sauk Rapids without complying with the Health and Safety Standards set forth in Minnesota Statutes Section 146B and the rules and regulations promulgated thereunder.

SECTION 4.26 Sidewalk Cafes

Subd. 1. Permit Required. Any food and beverage service establishment that is licensed to sell food, beer, or liquor for consumption on designated premises may apply to the City Council for a special permit to conduct a portion of such licensed business in a sidewalk cafe on a part of the public way immediately adjoining the licensed premises. Such permit shall be valid for one year from the date of council approval.

Subd. 2. Downtown Business District Only. No permit shall be issued under this Section 4.26 except within areas zoned as D-1 (Downtown Business District).

Subd. 3. Permit Procedure. An applicant for a permit under this Section shall file an application on forms provided by the City.

Subd. 4. Permit Review. The application will be submitted to the Police Department, Fire Department, and Community Development Director for review and comment regarding the health, welfare and safety of the public before submission to the City Council. City staff must review the suitability of the proposed Sidewalk Café area in light of the applicable fire, building and life safety codes, zoning ordinances, past performance of the applicant in maintaining order and obeying applicable laws, the adequacy of the proposal to provide for the safety of persons on the proposed premises, impact on the surrounding land, adequacy of lighting, appropriateness of noise level, suitability of ingress and egress arrangements and safety arrangements. An application may be denied based on the following nonexclusive list of factors:

1. Inability to comply with fire, building and life safety codes.

2. Inability to comply with zoning ordinances.

3. Occurrences of disorderly conduct.

4. Demonstrated history or inability to provide safety on the premises.

5. Adverse impact on surrounding land, inadequate lighting, inappropriate noise levels.

6. Unsuitable ingress and egress arrangements, loss of control of persons entering and leaving the designated area.

7. Such other grounds if the city finds that issuing the permit is not in the best interest of the general health, welfare and safety of the citizenry.

Subd. 5. Site Plan. Each application shall contain a drawing of the proposed Sidewalk Cafe area. The application shall also include the dimensions of the area and a detailed description of the seating and tables and any barriers or equipment proposed for the area, including plant tubs.

Subd. 6. Restrictions. The following restrictions shall apply to each permit issued pursuant to this Section 4.26. The Council may impose additional reasonable restrictions to protect the public health, safety or welfare or to prevent a nuisance from developing or continuing.

(a) Each permit shall specify the area in which such sidewalk café may be operated, provided that no sale or service shall be permitted it any portion of the street designated for vehicular travel.

(b) Issuance of a permit shall not be construed as authorizing any permanent installation to be placed in the public way.

(c) The use of a portion of the public sidewalk as a sidewalk cafe shall not be an exclusive use. All public improvements and maintenance, including but not limited to, trees, light poles, traffic signals or manholes, or any public-initiated maintenance procedures, shall take the precedence over said use of the public sidewalk at all times.

(d) No sidewalk cafe shall be permitted in any portion of the public sidewalk where normal pedestrian traffic flow is obstructed. A minimum clearance width of forty-eight inches must be maintained on the public sidewalk at all times.

(e) Tables, chairs and any other furnishings shall be secured during any period when the sidewalk cafe is not open and being operated. The tables, chairs, and any other furnishings shall be removed from the area used for the sidewalk cafe in the event such cafe is not open and being operated for any period of seven (7) days or more. While such cafe is in operation, all tables and chairs shall be kept in a clean, sanitary condition.

(f) No alcoholic beverages shall be allowed in the sidewalk cafe except with the appropriate Outdoor Sales license issued pursuant to Section 4.18A of the City Code. The provisions of Section 4.18A, subd. 17 (F) (2), (3) and (4) shall not apply to a license for Outdoor Sales within a Sidewalk Cafe. The license holder shall, in addition to all other requirements of law, take reasonable steps to insure that alcoholic beverages are consumed only by patrons of the establishment who are of age, and not by passerby or persons who are not of age or who are obviously intoxicated. Reasonable steps may include the use of barriers or fences, supervision of the outside area by security or staff personnel, and/or surveillance by electronic monitors. Failure to take such reasonable steps and use them at all times that alcoholic beverages are consumed in the Sidewalk Cafe is grounds for the imposition by the City Council of a condition on the license to prohibit sale of alcoholic beverages in the sidewalk cafe. Such condition shall not be deemed to be an adverse action against the license, and does not require notice and hearing procedures.

(g) In order to prevent a public nuisance and to protect the health and welfare of pedestrians, smoking shall be prohibited in any Sidewalk Cafe area. The proprietor or other person in charge of an establishment with a permitted Sidewalk Cafe shall ensure that ashtrays, lighters and matchbooks are not provided in the Sidewalk Cafe area. The proprietor or other person in charge shall ask any person who smokes in a Sidewalk Cafe area to refrain from smoking, and if the person does not refrain from smoking after being asked to do so, ask the person to leave and use any other means which may be appropriate to obtain compliance.

(h) It shall be the duty of the proprietor or other person in charge of an establishment with a permitted Sidewalk Cafe to maintain any plant tub at all times in a safe condition at its proper location and to inspect each such tub periodically in order that it may be properly maintained. Trees or plans and their tubs shall at all times be kept in a neat, clean and presentable condition. No advertising matter or sign or writing of any kind shall be displayed upon any tree or plant or its tub.

(i) No such permit shall authorize a sidewalk cafe at any location where the same is prohibited by state law, or this Code of Ordinances, except as herein provided.

Subd. 7. Insurance. No Sidewalk Cafe permit shall be effective unless the permitee has filed with the City and the City has approved a Hold-Harmless Agreement against liability imposed by law arising out of the ownership, maintenance or operation of such Sidewalk Cafe.

Subd. 8. Permit Suspension and Revocation. Any permit authorized by this section may be suspended or revoked at any time by the City Council for any violation of the permit or any city ordinance or state law in connection with the ownership, maintenance, or operation of such sidewalk café, or in the event the Council determines, in its discretion, that the operation of the Sidewalk Café is not in harmony with the public’s use of the public way. In addition, each permit must be deemed experimental and as such, no expectation must be had by the permitee that the Sidewalk Cafe permit will be renewed, even though no misconduct occurred, or in the event the City Council determines to repeal the general authorization for Sidewalk Cafes.

Subd. 9. Permit Fee. The annual fee for a Sidewalk Cafe permit shall be set forth in the City’s Fee Schedule.

SECTION 4.27 SEXUALLY-ORIENTED BUSINESSES

Subd. 1. Purpose and Intent. The purpose and intent of the sexually-oriented business regulations set forth in this Ordinance is to serve a substantial government interest by attempting to preserve the quality and vitality of neighborhoods, curtail the depression of property values, restrain increased criminal activity, including prostitution and sex trafficking, and slow the spread of sexually transmitted diseases.

Sexually-oriented businesses, as defined by this Ordinance, because of their very nature, are recognized as having serious objectionable operational characteristics that have a deleterious effect upon the use and enjoyment of adjacent areas. Prostitution and sex trafficking is often illegally carried out under the guise of sexually-oriented businesses. These secondary effects are especially evident where such uses are concentrated.

The secondary effects associated with sexually-oriented businesses include an increased level of criminal activity, increased risk of exposure to sexually transmitted diseases, depression of property values and a significant change in the character of surrounding neighborhoods. However, it is recognized that such regulations cannot on a de facto basis prohibit these businesses. Otherwise, a constitutionally protected form of expression would vanish. The sexually-oriented business regulations set forth herein represent a balancing of competing interests, reduction of objectionable secondary effects through the regulation of sexually-oriented businesses versus the protected rights of the owners, operators, performers and patrons of those businesses.

Subd. 2. Definitions. The following terms, as used in this Section, shall have the meanings stated:

Adult Arcade. Means any place to which the public is permitted or invited wherein coin-operated, slug-operated, or for any form of consideration, still or motion picture machines, projectors, television, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.

Adult Bookstore, Adult Novelty Store or Adult Video Store. Means a commercial establishment which, as one of its principal purposes, offers for sale or rental for any form of consideration any one or more of the following:

A. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; or

B. Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities.

A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as Adult Bookstore, Adult Novelty Store, or Adult Video Store. Such other business purposes shall not serve to exempt such commercial establishments from being categorized as an Adult Bookstore, Adult Novelty Store, or Adult Video Store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

Adult Cabaret. Means a nightclub, bar, restaurant, theater, concert hall, auditorium or similar commercial establishment which regularly features: persons who appear in a state of nudity or semi-nude; or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

Adult Motel. Means a hotel, motel or similar commercial establishment which:

A. Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and has a sign visible from the public right of way which advertises the availability of this adult-type of photographic reproductions; or

B. Offers a sleeping room for rent for a period of time that is less than ten hours; or

C. Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten hours.

Adult Motion Picture Theater. Means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

Employee. Means a person who performs any service on the premises of a sexually-oriented business on a full-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise and whether or not said person is paid a salary, wage or other compensation by the operator of said business. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises.

Escort. Means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

Escort Agency. Means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.

Establishment. Means and includes any of the following:

A. The opening or commencement of any sexually-oriented business as a new business;

B. The conversion of an existing business, whether or not a sexually-oriented business, to any sexually-oriented business;

C. The additions of any sexually-oriented business to any other existing sexually-oriented business; or

D. The relocation of any sexually-oriented business.

Licensee. Means a person in whose name a license to operate a sexually-oriented business has been issued, as well as the individual listed as an applicant on the application for a license; and in the case of an employee, a person in whose name a license has been issued authorizing employment in a sexually-oriented business.

Nude Model Studio. Means any place where a person who appears semi-nude, in a state of nudity, or who displays “specified anatomical areas” and is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. Nude Model Studio shall not include a proprietary school licensed by the State of Minnesota or a college, junior college or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation.

Nudity or a State of Nudity. Means the showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.

Person. Means an individual, proprietorship, partnership, corporation, association, or other legal entity.

Semi-Nude or in a Semi-Nude Condition. Means the showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel provided the areola is not exposed in whole or in part.

Sexual Encounter Center. Means a business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration for activities between persons when one or more of the persons is in a state of nudity or semi-nude.

Sexually-oriented Business. Means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, escort agency, nude model studio, or sexual encounter center.

Specified Anatomical Areas. Means:

A. The human male genitals in a discernibly turgid state, even if completely and opaquely covered, or

B. Less than completely and opaquely covered human genitals, pubic region, buttocks or a female breast below a point immediately above the top of the areola.

Specified Criminal Activity. Means any of the following offenses:

A. Prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; public lewdness; indecent exposure; indecency with a child; engaging in organized criminal activity; sexual assault; molestation of a child; gambling; or distribution of a controlled substance; or any similar offenses to those described above.

Specified Sexual Activities. Means any of the following:

A. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;

B. Sex acts, actual or simulated, including intercourse, oral or anal copulation, masturbation; and

C. Excretory functions as part of or in connection with any of the activities set forth in A through B above.

Substantial Enlargement of a Sexually-oriented Business. Means the increase in floor areas occupied by the business by more than twenty-five percent, as the floor areas exist on the date this Ordinance takes effect.

Transfer of Ownership or Control of a Sexually-oriented Business. Means and includes any of the following:

A. The sale, lease, or sublease of the business;

B. The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or

C. The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.

Subd. 3. Classification. Sexually-oriented businesses are classified as follows:

A. Adult arcades;

B. Adult bookstores, adult novelty stores, or adult video stores;

C. Adult cabarets;

D. Adult motels;

E. Adult motion picture theaters;

F. Escort agencies;

G. Nude model studios; and

H. Sexual encounter centers.

Subd. 4. License Required. A license is required to operate a sexually-oriented business in the City of Sauk Rapids.

A. It is a misdemeanor for any person to operate a sexually-oriented business without a valid sexually-oriented business license issued by the City pursuant to this Ordinance.

B. It is a misdemeanor for any person who operates a sexually-oriented business to employ a person to work for the sexually-oriented business who is not licensed as a sexually-oriented business employee by the City pursuant to this Ordinance.

C. It is a misdemeanor for any person to obtain employment with a sexually-oriented business without having secured a sexually-oriented business employee license pursuant to this Ordinance.

D. It is a misdemeanor for any person to supply false information on an application for a sexually-oriented business license or an application for a sexually-oriented business employee license.

Subd. 5. Business Application Requirements.

A. Approved Form. An application for a license must be made on a form provided by the City.

B. Qualification of Application. All applications must be qualified according to the provisions of this Ordinance. The application may request, and the applicant shall provide, such information (including fingerprints) as to enable the City to determine whether the applicant meets the qualifications established in this Ordinance.

C. Application Signatures. If a person who wishes to operate a sexually-oriented business is an individual, the person must sign the application for a license as applicant. If a person who wishes to operate a sexually-oriented business is other than an individual, each individual who has a ten percent or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under the following Subdivision and each applicant shall be considered a licensee if a license is granted.

D. Application Information. The completed application for a sexually-oriented business license shall contain the following information and shall be accompanied by the following documents if the applicant is:

(1) An individual, the individual shall state the applicant’s legal name and any aliases and submit proof that the individual is eighteen years of age;

(2) A partnership, the partnership shall state its complete name, and the names of all partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any;

(3) A corporation or company, the entity shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of its state of incorporation, the names and capacity of all officers, directors and principal stockholders, and the name of the registered corporate agent and the address of the registered office for service of process.

E. Assumed Name. If the applicant intends to operate the sexually-oriented business under a name other than that of the applicant, he or she must state:

(1) The sexually-oriented business’s assumed name; and

(2) Submit the required registration documents.

F. Criminal History. Whether the applicant, or a person residing with the applicant, has been convicted of a specified criminal activity as defined in this Ordinance, and, if so, the specified criminal activity involved, the date, place, and jurisdiction of each.

For which:

(1) 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; or

(2) Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or

(3) 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.

The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or a person residing with the applicant.

G. Previous License. Whether the applicant, or a person residing with the applicant, has had a previous license under this Ordinance or other similar sexually-oriented business ordinances from another city or county denied, suspended or revoked, including the name and location of the sexually-oriented business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant or a person residing with the applicant has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is licensed under this Ordinance whose license has previously been denied, suspended or revoked, including the name and location of the sexually-oriented business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation.

H. Multiple Licenses. Whether the applicant or a person residing with the applicant holds any other licenses under this Ordinance or other similar sexually-oriented business ordinance from another city or county and, if so, the names and locations of such other licensed businesses.

I. License Classification. The single classification of license for which the applicant is filing.

J. Location of Business. The location of the proposed sexually-oriented business, including a legal description of the property, street address, and telephone numbers, if any.

K. Mailing Address. The applicant’s mailing address and residential address.

L. Photograph. A recent photograph of the applicants.

M. Identification Cards. The applicant’s driver’s license number, Social Security number, or applicant’s state or federally issued Tax Identification Number.

N. Diagram of Premises. 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 it must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.

O. Survey. A current certificate and straight-line drawing prepared within thirty days prior to application by a registered land surveyor depicting the property lines and the structures containing any existing sexually-oriented businesses within five hundred feet of the property to be certified; the property lines of any established religious institutions, school, or public park or recreation area within one thousand feet of the property to be certified. For purposes of this Section, a use shall be considered existing or established if it is in existence at the time an application is submitted.

Subd. 6. Issuance of Business License Application. Within 60 days after receipt of a completed sexually-oriented business application, the City shall approve or deny the issuance of a license to an applicant.

Subd. 7. Non-Issuance of Business License Application. The City shall approve the issuance of a license to an applicant unless it is determined by a preponderance of the evidence that one or more of the following findings is true:

A. An applicant is under eighteen years of age.

B. An applicant or a person with whom applicant is residing is overdue in payment to the City of taxes, fees, fines, or penalties assessed against or imposed upon the applicant or a person with whom the applicant is residing in relation to any business.

C. An applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form.

D. An applicant or a person with whom the applicant is residing has been denied a license by the City to operate a sexually-oriented business within the preceding twelve months or whose license to operate a sexually-oriented business has been revoked within the preceding twenty months.

E. An applicant or a person with whom the applicant is residing has been convicted of a specified criminal activity defined in this Ordinance.

For which:

The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or a person residing with the applicant.

F. The premises to be used for the sexually-oriented business has not been approved by the health inspector designated by the City, fire department, community development director and the building official as being in compliance with applicable laws and ordinances.

G. The license fee required by this Ordinance has not been paid.

H. An applicant of the proposed business is in violation of, or is not in compliance with, any of the provisions of this or any other City Ordinance.

Subd. 8. Posting. The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the sexually-oriented business and the classification for which the license is issued. All licenses shall be posted in a conspicuous place at or near the entrance to the sexually-oriented business so that they may be easily read at any time.

Subd. 9. Inspection. The health inspector designated by the City, fire department, community development director, and the building official shall complete their certification that the premises is in compliance or not in compliance within twenty days of receipt of the application by the City.

Subd. 10. One Classification. A sexually-oriented business license shall issue for only one classification as found in Subdivision 3.

Subd. 11. Employee Application.

A. Employee Identification Information. Before any applicant may be issued a sexually-oriented business employee license, the applicant shall submit on a form to be provided by the City the following information:

(1) The applicant’s name or any other name (including “stage” names) or aliases used by the individual;

(2) Age, date, and place of birth;

(3) Height, weight, hair and eye color;

(4) Present residence address and telephone number;

(5) Present business address and telephone number;

(6) Date, issuing state and number of driver’s permit or other identification card information;

(7) Social Security Number;

(8) Proof that the individual is at least eighteen years of age; and

(9) Employee Photographs. A color photograph of the applicant clearly showing the applicant’s face, and the applicant’s fingerprints on a form provided by the police department shall be attached to the application form for a sexually-oriented business employee license. Any fees for the photographs and fingerprints shall be paid by the applicant.

B. Employee Statement. Applicants shall provide statement detailing the license history of the applicant for the five years immediately preceding the date of the filing of the application, including whether such applicant previously operated or is seeking to operate, in this or any other county, city, state, or country has ever had a license, permit, or authorization to do business denied, revoked, or suspended, or had any professional or vocational license or permit denied, revoked, or suspended. In the event of any such denial, revocation, or suspension, state the name, the name of the issuing or denying jurisdiction, and describe in full the reason for the denial, revocation, or suspension. A copy of any order of denial, revocation, or suspension shall be attached to the application.

C. Employee Criminal History. Applicants shall provide statement whether the applicant has been convicted of a specified criminal activity as defined in this Ordinance and, if so, the specified criminal activity involved, the date, place and jurisdiction of each.

Subd. 12. Issuance of Employee License. Upon the filing of said application for a sexually-oriented business employee license, application shall be referred to the appropriate City departments for an investigation to be made on such information as is contained on the application. The application process shall be completed within thirty days from the date the completed application is filed. After the investigation, the City may issue a license. Licenses are valid for one year and are subject to fees as provided in the City’s fee schedule.

Subd. 13. Non-Issuance of Employee License. A sexually-oriented business employee license shall not be issued if it is determined by a preponderance of the evidence that one or more of the following findings is true:

A. The applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form;

B. The applicant is under the age of eighteen years;

C. The applicant has been convicted of a specified criminal activity as defined in this Ordinance;

D. The sexually-oriented business employee license is to be used for employment in a business prohibited by local or state law, statute, rule or regulation, or prohibited by a particular provision of this Ordinance; or

E. The applicant has had a sexually-oriented business employee license revoked by the City within two years of the date of the current application. Denial, suspension, or revocation of a license issued pursuant to this Subdivision shall be subject to appeal as set forth in this Subdivision.

Subd. 14. Fees. The following fees shall be submitted to the City Clerk/Treasurer at the time of application for business or employee licenses:

A. Application Fee. Every application for a sexually-oriented business license (whether for a new license or for renewal of an existing license) shall be accompanied by a non-refundable application and investigation fee established in the City’s fee schedule.

B. License Fee. In addition to the application and investigation fee required above, every sexually-oriented business that is granted a license (new or renewal) shall pay to the City an annual non-refundable license fee established in the City’s fee schedule prior to license issuance or renewal.

C. Employee License Fee. Every application for a sexually-oriented business employee license (whether for a new license or for renewal of an existing license) shall be accompanied by an annual, non-refundable application, investigation, and license fee established in the City’s fee schedule.

Subd. 15. Random Inspections.

A. Inspection. An applicant or licensee shall permit representatives of the Police Department, health inspector designated by the City, Fire Department, Community Development Department, or other City departments or agencies to inspect the premises of a sexually-oriented business for the purpose of insuring compliance with the law, at any time it is occupied or open for business.

B. Penalty. A person who operates a sexually-oriented business or the person’s agent or employee commits a misdemeanor if the person refuses to permit such lawful inspection of the premises at any time it is open for business, and the license may be revoked.

Subdivision 16. Expiration and Renewal of License.

A. Expiration. Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in this Subdivision. Application for renewal shall be made at least thirty days before the expiration date, and when made less than thirty days before the expiration date, the expiration of the license shall not be affected.

B. Renewal. When the City denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial. If, subsequent to denial, the City finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least ninety days have elapsed since the date denial became final.

Subd. 17. Suspension. The City shall suspend a license for a period not to exceed thirty days if it determines that a licensee or an employee of a licensee has:

A. Violated or is not in compliance with any Subdivision of this Ordinance;

B. Refused to allow an inspection of the sexually-oriented business premises as authorized by this Ordinance.

Subd. 18. Revocation. The City shall revoke a license if a cause of suspension in

Subdivision 17 occurs and the license has been suspended within the preceding twelve months. The City may also revoke a license if it determines that:

A. A licensee gave false or misleading information in the material submitted during the application process;

B. A licensee has knowingly allowed possession, use, or sale of controlled substances on the premises;

C. A licensee has knowingly allowed prostitution on the premises;

D. A licensee knowingly operated the sexually-oriented business during a period of time when the licensee’s license was suspended;

E. Except in the case of an adult motel, a licensee has knowingly allowed any specified sexual activity to occur in or on the licensed premises; or

F. A licensee is delinquent in payment to the City, County, or State for any taxes or fees past due.

When the City revokes a license, the revocation shall continue for one year, and the licensee shall not be issued a sexually-oriented business license for one year from the date the revocation became effective. After denial of an application, or denial of a renewal of an application, or suspension or revocation of any license, the applicant or licensee may seek prompt judicial review of such administrative action in any court of competent jurisdiction. The administrative action shall be promptly reviewed by the court.

Subd. 19. Transfer of License. A licensee shall not transfer the license to another, nor shall a licensee operate a sexually-oriented business under the authority of a license at any place other than the address designated in the application.

Subd. 20. Location and Penalties. A person commits a misdemeanor if that person operates or causes to be operated a sexually-oriented business in any zoning district other than those areas permitted by the land use regulations in Chapter 10, or its successor, of the Sauk Rapids City Code.

A person commits an offense if the person operates, or causes to be operated, a sexually-oriented business within one thousand lineal feet from any hotel, motel, nursing care home, housing for the elderly, day care facility, church, school, and any residentially zoned property.

A person commits a misdemeanor if that person causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually-oriented business within three hundred fifty feet of another sexually-oriented business.

A person commits a misdemeanor if that person causes or permits the operation, establishment, or maintenance of more than one sexually-oriented business in the same building, structure, or portion thereof, or the increase of floor area of any sexually-oriented business in any building, structure, or portion thereof containing another sexually-oriented business.

For the purpose of this Section, measurements shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where a sexually-oriented business is conducted, to the nearest property line of the premises of a listed use. Presence of a political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this Subdivision.

Subd. 21. Adult Motels.

A. Evidence that a sleeping room in a hotel, motel, or a similar commercial establishment has been rented and vacated two or more times in a period of time that is less than ten hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in this Ordinance.

B. A person commits a misdemeanor if, as the person in control of a sleeping room in a hotel, motel, or similar commercial establishment that does not have a sexually-oriented license, the person rents or sub-rents a sleeping room to a person and, within ten hours from the time the room is rented, he/she rents or sub-rents the same sleeping room again.

C. For purposes of this Subdivision, the terms “rent” or “sub-rent” mean the act of permitting a room to be occupied for any form of consideration.

Subd. 22. Escort Agencies. An escort agency shall not employ any person under the age of eighteen years. A person commits an offense if the person acts as an escort or agrees to act as an escort for any person under the age of eighteen years.

Subd. 23. Nude Model Studios.

A. A nude model studio shall not employ any person under the age of eighteen years.

B. A person under the age of eighteen years commits an offense if the person appears semi-nude or in a state of nudity in or on the premises of a nude model studio. It is a defense to prosecution under this Subsection if the person under eighteen years was in a restroom not open to public view or visible to any other person.

C. A person commits an offense if the person appears in a state of nudity, or knowingly allows another to appear in a state of nudity in an area of a nude model studio premises which can be viewed from the public right-of-way.

D. A nude model studio shall not place or permit a bed, sofa, or mattress in any room on the premises, except that a sofa may be placed in a reception room open to the public.

E. It is a defense to prosecution under this Subdivision that a person appearing in a state of nudity did so in a modeling class operated:

(1) By a proprietary school, licensed by the State of Minnesota, a college, junior college, or university supported entirely or partly by taxation;

(2) By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or

(3) In a structure which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and

(4) Where, in order to participate in a class a student must enroll at least three days in advance of the class; and

(5) Where no more than one nude model is on the premises at any one time.

Subd. 24. Nudity in Business.

A. It shall be a misdemeanor for a person who knowingly and intentionally, in a sexually-oriented business, appears in a state of nudity or performs specified sexual activities.

B. It shall be a misdemeanor for a person who knowingly or intentionally in a sexually-oriented business appears in a semi-nude condition unless the person is an employee who, while semi-nude, shall be at least ten feet from any patron or customer and on a stage at least two feet from the floor.

C. It shall be a misdemeanor for an employee, while semi-nude in a sexually-oriented business, to solicit any pay or gratuity from any patron or customer or for any patron or

customer to pay or give any gratuity to any employee, while said employee is semi-nude in a sexually-oriented business.

D. It shall be a misdemeanor for an employee, while semi-nude, to touch a customer or the clothing of a customer.

Subd. 25. Prohibition against Children in a Sexually-oriented Business. A person commits a misdemeanor if the person knowingly allows a person under the age of eighteen years on the premises of a sexually-oriented business.

Subd. 26. Hours of Operation. No sexually-oriented business, except for an adult motel, may remain open at any time between the hours of 10:00 p.m. and 8:00 a.m. on weekdays and Saturdays, and 10:00 p.m. Saturday night to 12:00 p.m. on Sundays.

Subd. 27. Injunction. A person who operates or causes to be operated a sexually-oriented

business without a valid license or in violation of this Ordinance is subject to a suit for injunction as well as prosecution for criminal violations. Such violations shall be a misdemeanor. Each day a sexually-oriented business so operates is a separate offense or violation.

Subd. 28. Severability. If any Section, Subsection, or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining Subdivisions and clauses shall not be affected.

Section 4.28 Cannabis

Subd. 1. Purpose

The purpose of this ordinance is to implement the provision of Minn. Stat. § 342, which authorizes the City to protect the public health, safety, and welfare of the City’s residents by regulating cannabis businesses and events within the legal boundaries of the City.

Subd. 2. Authority

The City has authority to adopt this ordinance pursuant to Minn. Stat. § 342.13(c), regarding the authority of a local unit of government to adopt reasonable restrictions of the time, place, and manner of the operation of cannabis business provided that such restrictions do not prohibit the establishment or operation of cannabis businesses.

Subd. 3. Benton County Ordinance

Benton County Ordinance No. 496 is hereby adopted by reference and shall be controlling within the City. Except Section 4 of Benton County Ordinance No. 496, as may be amended, regulating Temporary Cannabis Event, shall not be controlling within the City. The City shall regulate Temporary Cannabis Events within its jurisdiction.

Section 4. Penalty

Any person violating any provision of this ordinance shall, upon conviction, be punished by a fine not exceeding $1,000 or by imprisonment for a period not exceeding 90 days, or both, plus, in either case, the costs of prosecution.

Section 4.29 Temporary Cannabis Events

Subd. 1. License Required for Temporary Cannabis Events

A. License Required. A license is required to be issued and approved by the City prior to holding a Temporary Cannabis Event. Additional permits and licenses may be required by law from other City, County, or State or offices.

i. Registration & Application Procedure. A permit application fee, as established in the City’s fee schedule, shall be charged to applicants for Temporary Cannabis Events.

ii. Application Submittal & Review. The City shall require an application for Temporary Cannabis Events Permit.

1. An applicant for a Temporary Cannabis Event permit shall ﬁll out an application form, as provided by the City. Said form shall include, but is not limited to:

a. Full name of the property owner and applicant;

b. Address, email address, and telephone number of the owner and applicant;

c. The address and legal description of all property upon which the Event is to be held;

d. The applicant shall provide proof of ownership of all property upon which the Event is to be held or provide a notarized statement made upon oath or affirmation by the owner(s) of record of all such property that the applicant has permission to use such property for the purpose of holding an Event;

e. The application shall be signed by both the applicant(s) and the property owner(s) of record;

f. The plans for providing necessary facilities for the public, including but not limited to: lavatory facilities, medical facilities, parking details, security plans, traffic control, map of the event including services, etc.;

g. Proof of financial responsibility, in a form approved by the City, with liability limits set at municipal maximum liability;

h. A copy of the Cannabis Event Organizer State License; and

i. The application fee as required according to the City’s current fee schedule.

iii. Application Approval. The applicant shall be submitted to the City’s Police Department for review. If the application is deemed incomplete, it shall be returned to the applicant with the notice of deficiencies.

1. Once an application is considered complete, the Chief of Police shall inform the applicant as such and process the application fees. The Chief of Police shall then consider the application for approval.

2. The application fee shall be non-refundable once processed.

3. The application for a Temporary Cannabis Event shall meet the following standards:

a. No Temporary Cannabis Event permit shall be granted to any applicant whom any taxes, assessments, or other financial claims of the City are delinquent and unpaid, not shall any permit be granted for an event held on any premises on which taxes, assessment or other financial claims of the City are delinquent and unpaid;

b. No Temporary Cannabis Event shall be allowed within any residential district or the D – 1: Downtown Business District of the City;

c. No Temporary Cannabis Event permits shall be allowed within City parks;

d. No permit shall be granted for an event that does not comply with this Ordinance or other provisions of the City Code;

e. The appropriate designee may inspect the Temporary Cannabis Event site prior to the event to confirm compliance with the submitted application.

Subd. 2. Revocation of License

A. The permit may be revoked at any time after notice to the permittee, contact person or property owner if:

i. Any of the conditions outlined within the permit are not complied with;

ii. Any condition previously met ceases to be complied with;

iii. Any provision of the City Code or State Statute is violated; or

iv. Any of the information supplied in the application for licenses or accompanying documentation is false or misleading.

B. Except in cases of failure of financial responsibility, no suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing pursuant to Minnesota Statutes, Sections 14.57 to 14.69.

C. Lapse of required insurance or withdrawal of a required deposit of cash or securities shall affect an immediate suspension of any license issued pursuant to this Section without further action of the City Council. Notice of cancellation or lapse of a current liability policy or bond or withdrawal of deposited cash or securities shall also constitute notice to the licensee of the impending suspension of the license. The holder of a license who has received notice of lapse of required insurance or bond or withdrawal of a required deposit or of suspension of revocation of a license may request a hearing thereon and if such a request is made in writing to the City Clerk a hearing shall be granted within 10 days, or such longer period as may be requested. Any suspension under this paragraph shall continue until the City Council determines that the financial responsibility requirements of this ordinance have again been met.

Subd 3. Granting or Denial of License

A. A request for a Temporary Cannabis Event that meets all requirements of this Section and the City Code shall be approved.

B. A request for a Temporary Cannabis Event that does not meet the requirements shall be denied. The City shall notify the applicant and the basis for denial.

Subd. 4. Temporary Cannabis Event Criteria

A. Upon the issuance of a Temporary Cannabis Event Permit the following criteria shall be adhered to during the course of the Temporary Cannabis Event:

i. Consumption of cannabis, liquor, or any other intoxicating substance shall be prohibited at the Temporary Cannabis Event.

ii. Fencing, withing a minimum height of four (4) feet and made of suitable material to ensure restriction to the event area shall be located as approved in the initial application;

iii. Retailers shall remove the cannabis product each day after the close of the Event for the day;

iv. The Event site shall be enclosed by a fence or barrier completely enclosing the Event site. Temporary Events shall have sufficient entrances and exits to allow easy movement into and out of the site and provide traffic control;

v. The site and facilities shall at all times be maintained in accordance with the permit provisions;

vi. Temporary cannabis events shall only be held between the hours of 10:00 AM and 10:00 PM;

vii. Security personnel shall be provided as required by the City’s Police Department and by Minn. Stat. 342.40, or its successor statutes. The expense of all security personnel required by either the City’s Police Department or statute shall be the expense of the applicant;

viii. Extra parking shall be accommodated by the applicant. The applicant must accommodate for those extra spaces used by the fenced in area and additional spaces to accommodate the expected number of people in attendance. The applicant must receive written permission from neighboring properties if using their vacant parking spaces for overflow parking. The applicant will be responsible to monitor the parking areas during the event and will also be responsible to clean trash after the event;

ix. The limit on the number of people allowed at the event may be set by the City’s Police Department to ensure the safety and well-being of the citizens participating in the event;

x. Applicant will verify the age, with a valid ID, and place a unique event wristband on all person who desire to purchase cannabis at the Temporary Cannabis Event;

xi. Food may be served throughout the Temporary Cannabis Event in compliance with the Department of Health;

xii. Bands may be located in the fenced in area of the Temporary Cannabis Event subject to local ordinances. Bands must be moved inside by 10:00 PM on any Sunday through Thursday Event or by 12:00 AM on any Friday through Saturday or the day prior to a holiday event and the fenced enclosure closed at said time;

xiii. Applicant must provide a copy of insurance demonstrating that they have coverage for the event and the enclosed fenced in area of the Temporary Cannabis Event;

xiv. No more than three (3) licenses shall be issued in the City for any given day;

xv. All applicable City Code and State statute provisions must be followed; and

xvi. Additional criteria may be required by the City to ensure public safety.

Subd. 5. Penalty

A. Any person violating any provisions of this Section is guilty of a misdemeanor and upon conviction shall be punished by a fine or imprisonment for the maximum amount and/or time period permitted by law, plus the cost of prosecution in any case.