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Ordinance No. 1324 11-14-2015 ORDINANCE NO. 1324 S OFFICIAL TITLE AND SUMMARY I. Title AN ORDINANCE AMENDING FRIDLEY CITY CODE CHAPTER 11. GENERAL PROVISIONS AND FEES, BY AMENDING SECTION 11.03. APPLICATION; CREATED SECTION 11.06. LICENSE APPROVAL AND ISSUANCE, AND RENUMBERING SECTIONS 11.06 TO 11.13; CHAPTER 13. GASOLINE SALES, BY AMENDING SECTION 13.05, DELETING SECTION 13.06 AND RENUMBERING SECTIONS 13.07 AND 13.08; CHAPTER 17. AUCTIONS, BY AMENDING SECTIONS 17.07 TO 17.10; CHAPTER 18. MOTOR VEHICLE BODY REPAIR BUSINESSES, BY AMENDING SECTION 18.12; CHAPTER 22. MUSIC FESTIVALS BY, AMENDING SECTIONS 22.09 AND 22.14; CHAPTER 23. PUBLIC DANCES, BY AMENDING SECTION 23.03; CHAPTER 24. JUNK YARDS, BY ADDING SECTION 24.04 APPROVAL AND RENUMBERING SECTION 24.04; CHAPTER 101. ANIMAL CONTROL, SECTION 101.03.2.B; AND CHAPTER 206. BUILDING CODE, BY AMENDING SECTION 206.07.3 II. Summary The City Council of the City of Fridley does hereby ordain as follows: It is in the public interest for the City of Fridley to amend its licensing ordinances in an effort to specify in the City Code whether a license would be issued administratively or after city council approval. III. Notice This Title and Summary has been published to clearly inform the public of the intent and effect of the City Code of the City of Fridley as it relates to card games of social skill. A copy of the ordinance, in its entirety, is available for inspection by any person during regular business hours at the offices of the City Clerk of the City of Fridley, 6431 University Avenue N.E., Fridley, MN 55432. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS TH 14 DAY OF NOVEMBER 2015. ________________________________ SCOTT J. LUND, MAYOR ATTEST: ____________________________ DEBRA A. SKOGEN, CITY CLERK First Reading: October 26 and November 23, 2015 Second Reading: December 14, 2015 Published: December 24, 2015 ORDINANCE NO. 1324 AN ORDINANCE AMENDING FRIDLEY CITY CODE CHAPTER 11. GENERAL PROVISIONS AND FEES, BY AMENDING SECTION 11.03. APPLICATION; CREATED SECTION 11.06. LICENSE APPROVAL AND ISSUANCE, AND RENUMBERING SECTIONS 11.06 TO 11.13; CHAPTER 13. GASOLINE SALES, BY AMENDING SECTION 13.05, DELETING SECTION 13.06 AND RENUMBERING SECTIONS 13.07 AND 13.08; CHAPTER 17. AUCTIONS, BY AMENDING SECTIONS 17.07 TO 17.10; CHAPTER 18. MOTOR VEHICLE BODY REPAIR BUSINESSES, BY AMENDING SECTION 18.12; CHAPTER 22. MUSIC FESTIVALS BY, AMENDING SECTIONS 22.09 AND 22.14; CHAPTER 23. PUBLIC DANCES, BY AMENDING SECTION 23.03; CHAPTER 24. JUNK YARDS, BY ADDING SECTION 24.04 APPROVAL AND RENUMBERING SECTION 24.04; CHAPTER 101. ANIMAL CONTROL, SECTION 101.03.2.B; AND CHAPTER 206. BUILDING CODE, BY AMENDING SECTION 206.07.3 After review and discussion of improving the efficiency of approving and issuing licenses, the City Council of the City of Fridley does hereby ordain that: SECTION 1: THAT CHAPTER 11. GENERAL PROVISIONS AND FEES BE HERBY AMENDED AS FOLLOWS: 11.03. APPLICATION Unless otherwise provided in this Code, application for any license or permit required by this Code shall be made with the Ccity Cclerk, on forms furnished by the City. The applicant shall provide such information as required by the City or any licensing or permit provision of this Code. In the event of the sale of the licensed business or death of the licensee, unless otherwise specified in the City Code, the business shall be allowed to continue to operate as long as the new application is submitted to the city clerk within thirty (30) days. In the event an application is not received within thirty (30) days, the business license shall expire. 11.06. LICENSE APPROVAL AND ISSUANCE Unless otherwise provided in this Code, the approval and issuance of the license shall not require council consideration and shall be issued administratively by the city clerk if the applicant has met all of the conditions and requirements of the license. A list of issued licenses shall be provided to the City Council for its information. 11.07 06 RENEWAL 11.08 07 PRORATION AND REFUNDS 11.09 08 REVOCATION 11.10 09 DISPLAY 11,11 10 FEES 11.12 11 ADMINISTRATIVE ASSESSMENTS 11.13 12 PENALTIES Ordinance No. 1324 Page 2 11.14 13 COMPLIANCE WITH STATE AND LOCAL LAW AND PAYMENT OF FEES AND CHARGES. SECTION 2: THAT CHAPTER 13. GASOLINE SALES BE HEREBY AMENDED AS FOLLOWS: 13.05. LICENSE REQUIRED, FEE No gasoline pump shall be erected, placed, kept or maintained in any location whatsoever within the City of Fridley unless it meets all applicable zoning code requirements and the owner or proprietor has obtained without a license therefore having been obtained from the Council by the owner or proprietor thereof. The annual license fee and expiration date shall be as provided in Chapter 11 of this Code. (Ref. 17, 450) 13.06. COUNCIL ACTION Upon the receipt of any application for the erection, placement, keeping or maintaining of any gasoline pump or any building or structure in which such gasoline pump is to be housed, or in connection with which any gasoline pump is to be used, and before granting or issuing therefore a permit or license, the Council shall determine the effect of such erection, placement, keeping or maintaining upon public health, safety or the general welfare; and whenever the Council shall determine and find that such erection, placement, keeping or maintaining, of such gasoline pump, or the building or structure in which the same is housed or is to be housed, or in connection with which the same is to be used, is detrimental to public health, safety and the general welfare, that then the Council shall deny the issuance of such license or permit as is applied for. In making a determination whether or not the erection, placement, keeping or maintaining of any such gasoline pump, or the erection or construction of a building or structure in which the same is housed or to be housed, or in connection with which such pump is to be used, is detrimental to the public health, safety, and the general welfare, the Council may consider the nature of the land upon which the same is located or to be located, the nature of adjoining land, or buildings, fire hazards created thereby, the effect upon traffic into and from the premises, or on any adjoining roads, whether or not such a pump or building or similar structure is already in existence and located on the same premises or on other lands immediately close by, and all such other or further factors as the Council shall deem requisite of consideration in determining the effect of such installation or construction on public health, safety and general welfare. (Ref. 197) 13.06. 07 PUBLIC NUISANCE 13.07. 08 PENALTIES SECTION 3: THAT CHAPTER 17. AUCTIONS BE HEREBY AMENDED AS FOLLOWS: 17.07. PERMIT NOTIFICATION REQUIRED Ordinance No. 1324 Page 3 No property or premises in Fridley shall be used for the purpose of a public auction without having a permit provided proof of State or county licensure and bond to the city clerk at least 14 days in advance of an auction. for the conduct of same. The Council may grant a permit for a public auction upon its determination that such sale or sales will not be adverse to the health, safety and general welfare of the community. The application for permit notification shall be made in writing indicating the following information: 1. Address of property where sales are to be conducted. 2. Nature of articles to be sold. 3. Owners of property where sale is to be conducted. 4. Owners of articles to be sold. 5. Hours of sale. 6. Proposed dates of sale. 7. Names, addresses and license numbers of auctioneers. 8. If motor vehicle sales, the size and floor area of proposed sale building. 9. Plan for off-street parking 10. Proof of County or State license 17.08. LICENSE REQUIRED No person shall practice or exercise the vocation of auctioneer or conduct and operate a public auction without having procured a license for same issued by the State of Minnesota. 17.09. FEE The annual permit fee and expiration date shall be as provided in Chapter 11 of this Code. 17.10 08 PENALTIES Any violation of this Chapter is a misdemeanor and is subject to all penalties provided for such violations under the provisions of Chapter 901. SECTION 4: THAT CHAPTER 18. MOTOR VEHICLE BODY REPAIR BUSINESSES BE HEREBY AMENDED AS FOLLOWS: 18.12. ISSUANCE OF LICENSE CONDITIONS. 1. The Ccity clerk Council shall act to approve or disapprove issue the license application within forty-five (45) days after the recommendations by the public safety director, fire marshal, and community development director, or their subordinates, provided that the application contains all of the information required by this Chapter and any stipulations made through the zoning process are met. If the application is deficient, the City Council shall act on the application within forty-five (45) days from the date that the deficiency has been corrected. If the City Council fails to timely act on the application, the applicant shall be entitled to operate on an interim basis until the City Council approves or disapproves the application. A business licensed under this chapter shall be entitled to continue operations at the current licensed location Ordinance No. 1324 Page 4 while an application is pending before the City Council for approval or disapproval for amendment, renewal, or transfer. A business requesting a transfer of a license from a business licensed under this chapter shall not be entitled to operate pursuant to this chapter. In the event of the sale of the business or the licensee's death, the business shall be allowed to continue to operate until the Ccity clerk Council acts on a new license application from the successor. The successor’s application shall be submitted within sixty (60) thirty (30) days from the date of the sale of the business or the licensee's death. In the event an application is not received within thirty (30) days, the business license shall expire. SECTION 5. THAT CHAPTER 22. MUSIC FESTIVALS BE HEREBY AMENDED AS FOLLOWS: 22.09. REFERRAL Upon receipt of the fully completed application the city clerk Finance Director of the City of Fridley shall give copies of forward the application to the city manager and assistant city manager/public safety director, or his or her subordinate. The city manager and the assistant city manager/public safety director, or subordinate, shall each determine whether, with regard to their specific areas of responsibility, the proposed music festival can be held without violation of any of the provisions of this Chapter. Within forty-five (45) fifteen (15) days after the filing of a completed application, the city manager and the assistant city manager/public safety director, or subordinate, shall complete their investigation and shall notify the Finance Director city clerk of their approval or disapproval of the issuance of a license. If all such officers approve the issuance of a license, the Finance Director city clerk shall, after collecting the license fee as provided in Chapter 11 of this Code, issue said license. If any of the said officers disapproves the issuance of a license, no license shall be issued, and the reasons for such disapproval shall be stated in writing with such notice of disapproval, a copy of which shall be delivered to the applicant. 22.14. ACTION BY MANAGER The city manager shall examine the application and all supporting documents, including the written sponsorship or permit of the public entity, and if these are found to be in compliance with the required conditions set forth herein, shall direct the city clerk to issue a permit in writing to the applicant authorizing the music festival to be held, conducted, or operated on the date(s), and at the time(s) and place(s) indicated therein. The city clerk manager shall forthwith, transmit a copy of the permit to the affected public entity. The city manager shall have the final decision making authority in connection with the issuance or denial or permits hereunder. Ordinance No. 1324 Page 5 SECTION 6: THAT CHAPTER 23. PUBLIC DANCES, BE HEREBY AMENDED AS FOLLOWS: 23.03. APPLICATION The city clerk shall furnish forms for the application. Such verified application shall state the name and address of the applicant or organization, the location where the dance is to be held and the size of the dance area. An applicant shall be required to state if they have been convicted of a felony or gross misdemeanor within the past five (5) years. The Clerk shall submit the completed application to the Council. The Council may grant or refuse said permit at its discretion. No permits shall be granted unless the public safety director or his or her subordinate Council is satisfied that the applicant is a person of good reputation, has not been convicted of a felony or gross misdemeanor for five (5) years prior to the date of application, that the location is proper and suitable, that sanitary facilities are proper, and that the applicant is capable of maintaining order. SECTION7: THAT CHAPTER 24. JUNK YARDS BE HEREBY AMENDED BY ADDING A NEW SECTION 24.04 APPROVAL AND RENUMBERING SECTION 24.04 AS FOLLOWS: SECTION 24.04. APPROVAL Upon receipt of a fully completed application the city clerk shall forward the application to the public safety director, fire marshal and city planner for approval to ensure applicant has met all regulations and requirements of any state, county and City zoning or special use conditions. After the application has received staff approval, the information shall be forwarded to the City Council for its approval. After the City Council has approved the license, the city clerk shall issue the license to the applicant. If there are conditions on the license, those conditions shall be included on and incorporated into the license in writing. 24.05 04 PENALTIES SECTION 8: THAT CHAPTER 101. ANIMAL CONTROL BE HEREBY AMENDED AS FOLLOWS: 101.03. LIVESTOCK CONTROL 2. License Procedure. A. A license to keep livestock shall be granted only after written application, signed by the applicant, is filed with the city clerk. The application shall state the applicant's full name and address, and contain the number and species of the livestock to be kept and a scaled site plan of the premises showing the adjoining property and fence lines. B. The Council, in considering whether a livestock license should be granted community development director, or his or her subordinate, shall review the application and site plan to consider the nature of the livestock, and inspect the property to determine any Ordinance No. 1324 Page 6 the possible effects on adjoining properties, housing facilities, sanitation control and the effect on the general health, safety and welfare of the public. When the community development director, or subordinate, has determined that the applicant has substantially demonstrated that there will be no adverse effects upon adjoining properties, housing facilities, sanitation control, as well as the general health, and has otherwise met all other licensing requirements the community development director, or subordinate, shall authorize the city clerk to issue the license. SECTION 9: THAT CHAPTER 206. BUILDING CODE BE HEREBY AMENDED AS FOLLOWS: 206.07.3. CONTRACTOR LICENSE 3. Requirements. Application for license shall be made to the Building Code Department and such license shall be granted by a majority vote of the Council issued upon proof of the applicant's qualifications thereof, willingness to comply with the provisions of the City Code, filing of certificates evidencing the holding of public liability insurance in the limits of $50,000 per person, $100,000 per accident for bodily injury, and $25,000 for property damages and certificates of Worker's Compensation insurance as required by State law and if applicable, list a Minnesota State Tax Identification number. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS th 14 DAY OF DECEMBER 2015. ________________________ Scott J. Lund, Mayor ATTEST: ______________________________ Debra A. Skogen, City Clerk First Reading:: October 26, 2015 and November 23, 2015 Second Reading: December 14, 2015 Publication Date: December 25, 2015