9-8-2025
City Council Meeting
September 08, 2025
7:00 PM
Fridley City Hall, 7071 University Avenue N.E.
Agenda
Call to Order
The Fridley City Council (Council) requests that all attendees silence cell phones during the meeting. A paper copy
of the Agenda is at the back of the Council Chambers. A paper copy of the entire Agenda packet is at the podium.
FridleyMN.gov/1564/Agenda-
Center.
Pledge of Allegiance
Proclamations/Presentations
Proposed Consent Agenda
The following items are considered to beroutine by the Council and will be approved by one motion. There will be
no discussion of these items unless a Councilmember requests, at which time that item may be moved to the Regular
Agenda.
Meeting Minutes
1.Approve the Minutes from the City Council Meeting of August 25, 2025
2.Receive the Minutes from the City Council Conference Meeting of August 25, 2025
New Business
3.Ordinance No. 1433, Creating Title No. 7 (Licensing) of the Fridley City Code and Updating the
Chapters Contained Therein and Updating Chapter 209 (Fees) Second Reading
4.Resolution No. 2025-105, Updating City Council Appointments and Designations
Claims
5.Resolution No. 2025-107, Approving Claims for the Period Ending September 3, 2025
Open Forum
The Open Forum allows the public to address the Council on subjects that are not on the Regular Agenda. The
Council may take action, reply, or give direction to staff. Please limit your comments to five minutes or less.
Regular Agenda
The following items are proposed forthe Council's consideration. All items will have a presentation from City staff,
are discussed, and considered for approval by separate motions.
New Business
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City Council Meeting 9/8/2025 Agenda Page 2
6. Resolution No. 2025-106, Approving the Massage Therapy Individual License Application for Ying
7. Resolution No. 2025-104, Approving a Cooperative Agreement Between the City of Fridley and
Great River Greening for Habitat Restoration Work at Innsbruck Nature Center
Informal Status Reports
Adjournment
Accessibility Notice:
!If you need free interpretation or translation assistance, please contact City staff.
!Si necesita ayuda de interpretación o traducción gratis, comuníquese con el personal de la ciudad.
!Yog tias koj xav tau kev pab txhais lus los sis txhais ntaub ntawv dawb, ces thov tiv tauj rau Lub Nroog cov
neeg ua hauj lwm.
!Haddii aad u baahan tahay tarjumaad bilaash ah ama kaalmo tarjumaad, fadlan la xiriir shaqaalaha
Magaalada.
Upon request, accommodation will be provided to allow individuals with disabilities to participate in any City of
Fridley services, programs or activities. Hearing impaired persons who need an interpreter or other persons who
require auxiliary aids should contact CityClerk@FridleyMN.gov or (763) 572-3450.
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AGENDA REPORT
Meeting Date:September 8, 2025 Meeting Type:City Council
Submitted By:Beth Kondrick, Deputy City Clerk
Title
Approve the Minutes from the City Council Meeting ofAugust 25, 2025
Background
Attached are the minutes from the City Council meeting of August 25,2025.
Financial Impact
None.
Recommendation
Staff recommend the approval of the minutes from the City Council meeting of August 25,2025.
Focus on Fridley Strategic Alignment
Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building
Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship
X Organizational Excellence
Attachments and Other Resources
Minutes from the City Council Meeting of August 25,2025
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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City Council Meeting
August 25,2025
7:00 PM
Fridley City Hall, 7071 University Avenue NE
Minutes
Call to Order
Mayor Ostwaldcalled the City Council Meeting of August 25,2025, to order at 7:00 p.m.
Present
Mayor Dave Ostwald
Councilmember Patrick Vescio
Councilmember Ryan Evanson
Councilmember Luke Cardona
Councilmember Ann Bolkcom
Absent
Others Present
Walter Wysopal, City Manager
Jim Kosluchar, Public Works Director
Melissa Moore, Assistant City Manager
Pledge Of Allegiance
Proclamations/Presentations
1.Proclamation for Constitution Week (September 17-23, 2025)
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Mayor Ostwaldpresented the proclamation designating September 17through the 23as
Constitution Week.
Approval of Proposed Consent Agenda
Motionmade byCouncilmemberBolkcomto adopt the proposed Consent Agenda.Seconded by
CouncilmemberEvanson.
Upon a voice vote, all voting aye, Mayor Ostwalddeclared the motion carried unanimously.
Approval/Receipt of Minutes
2.Approve the Minutes from the City Council Meeting of August 11,2025.
3.Receive the Minutes from the Parks and Recreation Commission Meeting of June 2, 2025.
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City Council Meeting 8/25/2025 Minutes Page 2
4.!Receive the Minutes from the HRA Commission Meeting of June 5, 2025.
5.!Receive the Minutes from the Environmental Quality and Energy Commission (EQEC) Meeting of
July 8, 2025.
6.!Receive the Minutes from the Parks and Recreation Commission Meeting of July 9, 2025.
New Business
7. Resolution No. 2025-103, Accepting the 2025 Joint Powers Agreement Crimes Against Children
(ICAC).
Claims
8. Resolution No. 2025-102, Approving Claims for the Period Ending August 20, 2025.
Open Forum, Visitors: (Consideration of Items not on Agenda 15 minutes.)
Derek Lind, Ramsey resident, stated that he is part of the Anoka County Election Integrity Team and spoke
about city autonomy.
Mike and Kathy Lee, Mounds View residents, commented that they are Springbrook Nature Center
Foundation members and spoke about the upcoming Autumn Sampler Event.
Adoption of Regular Agenda
Motion made by Councilmember Evanson to adopt the regular agenda. Seconded by Councilmember
Vescio.
Upon a voice vote, all voting aye, Mayor Ostwald declared the motion carried unanimously.
Regular Agenda
New Business
9. Resolution No. 2025-101, Authorizing a 2025 Budget Amendment for the Public Works Rooftop
Solar Array
Jim Kosluchar, Public Works Director, provided information on the project history, changes to the
project timeline, and recommendation.
Councilmember Evanson for information on the break-even point and the useful life of the panels.
Mr. Kosluchar estimated that the break-even point would occur around seven years and noted that
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City Council Meeting 8/25/2025 Minutes Page 3
the presentation included information on the savings the City would see over 25 years. He estimated
the useful life of the panels to be about 25 years.
Councilmember Vescio referenced the project delay from 2017 to 2025 and asked if there had been
a decrease in the cost of installation during that time. Mr. Kosluchar stated that there has been a cost
reduction in installation as well as upgraded technology.
Councilmember Evanson asked if the break-even figure is for the total cost, or just the cost to the
City. Mr. Kosluchar replied that if the project began in 2025, the City would match with $12,000, but
that the break-even point was related to the total project cost and acknowledged that it would take
less time to reach the break-even
Mayor Ostwald recognized that this would be a direct usage system and asked whether any surplus
could be sold back to the power company. Mr. Kosluchar stated that the City can absorb the power
consumption of this system on a regular basis, and there would be a detriment to the system to go
larger. He recognized that things are constantly changing, and the City could consider expanding the
system in the future if desired.
Councilmember Cardona asked for information on the size of the system that would be needed for
Moore Lake compared to the Public Works Facility. Mr. Kosluchar commented that the systems are
of the same capacity, although the array will be more compact at Public Works.
Motion made by Councilmember Cardona to approve Resolution No. 2025-101, Authorizing a 2025
Budget Amendment for the Public Works Rooftop Solar Array. Seconded by Councilmember Bolkcom.
Upon a voice vote, all voting aye, Mayor Ostwald declared the motion carried unanimously.
10. Ordinance No. 1433, Creating Title No. 7 (Licensing) of the Fridley City Code and Updating the
Chapters Contained Therein and Updating Chapter 209 (Fees) First Reading
Melissa Moore, Assistant City Manager, provided information on the recodification process. She
provided an overview of the proposed creation of Title No. 7, Licensing, and other changes contained
within the draft ordinance. She reviewed the next steps for adoption of the ordinance.
The Council acknowledged the work of staff throughout the recodification process. It was also
acknowledged that these changes would help to alleviate the burden on staff to review things that
are already being reviewed by other entities, such as the State or County.
Motion made by Councilmember Evanson to approve the first reading of Ordinance No. 1433, Creating
Title No. 7 (Licensing) of the Fridley City Code and Updating the Chapters Therein and Updating Chapter
209 (Fees). Seconded by Councilmember Vescio.
Upon a voice vote, all voting aye, Mayor Ostwald declared the motion carried unanimously.
Informal Status Reports
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City Council Meeting 8/25/2025 Minutes Page 4
Councilmember Bolkcom thanked members of City staff and the Lions who volunteered at the Touch a
Truck Event, which was a success. She noted that the Leopard Frog dedication will occur on September
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10 at Moore Lake, which is the beginning of public art in Fridley.
Councilmember Cardona commented that his son enjoyed the Touch a Truck Event. He recognized
Deputy Chief Patrick Faber and retired Community Development Director Scott Hickok for a recent tour
they took him on.
Councilmember Vescio commented on his recent volunteer involvement with the backpack event at the
high school and thanked the Lions for their donations and involvement with the event. Councilmember
Bolkcom agreed that it is a great event, recognizing the different churches and organizations that are
involved in the event.
Councilmember Evanson commented on the parks that will reopen soon, noting that more information
can be found on the City website.
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Mayor Ostwald noted that the work on the roundabout at 7 and Mississippi has begun. It was noted
that it will be a great improvement once construction is completed.
Adjourn
Motion made by Councilmember Vescio to adjourn. Seconded by Councilmember Evanson.
Upon a voice vote, all voting aye, Mayor Ostwald declared the motion carried unanimously, and the meeting
adjourned at 7:43 p.m.
Respectfully Submitted,
Melissa Moore Dave Ostwald
City Clerk Mayor
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AGENDA REPORT
Meeting Date:September 8, 2025 Meeting Type:City Council
Submitted By:Beth Kondrick, Deputy City Clerk
Title
Receive the Minutes from theCity Council Conference Meeting ofAugust 25,2025
Background
Attached are the minutes from the City Council conference meeting of August 25,2025.
Financial Impact
Recommendation
Receive the minutes from theCity Council conference meeting of August 252025.
Focus on Fridley Strategic Alignment
Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building
Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship
X Organizational Excellence
Attachments and Other Resources
Minutes from the City Council Conference Meeting of August 25,2025
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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City CouncilConference Meeting
August 25, 2025
5:30PM
Fridley City Hall, 7071 University Avenue NE
Minutes
Roll Call
Present:Mayor Dave Ostwald
Councilmember Patrick Vescio
Councilmember Ann Bolkcom
Councilmember Ryan Evanson
Councilmember Luke Cardona
Others Present:Wally Wysopal, City Manager
Joe Starks, Finance Director
Ryan Solberg, City Manager Office/HRA Intern
Jim Kosluchar, Public Works Director
Mike Maher, Parks and Recreation Director
Paul Bolin, Community Development Director
Melissa Moore, Assistant City Manager
Items for Discussion
1.Presentation by Ryan Solberg, City Manager Office/HRA Intern
Ryan Solberg, City Manager Office/HRA Intern, gave a presentation to the City Council regarding
business retention visits he made in the City of Fridley over the summer.
2.2026 Budget and Levy Presentation
Joe Starks, Finance Director, provided an update to the City Council on the proposed 2026
budget and its associated levy impact. Mike Maher, Parks and Recreation Director, presented on
projecting staffing needs for the expanded park programs as it relates to the budget.
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AGENDA REPORT
Meeting Date:September 8, 2025 Meeting Type:City CouncilMeeting
Submitted By:Melissa Moore, Assistant City Manager
Title
Ordinance No. 1433, Creating Title No. 7 (Licensing) of the Fridley City Code and Updating the
Chapters Contained Therein and Updating Chapter 209 (Fees)SecondReading
Background
Pursuant to Minnesota Statute § 415.02 and Fridley City Charter (Charter) § 1.02, the City Council
(Council) may codify and publish ordinances that carry the force and effect of law for the City of
Fridley (City), which may be arranged into a system generally referred to as the Fridley City Code
(Code). Recodification of the Code was authorized by the Council by Resolution No. 2021-67.
Project update
To date the City has completed work on the first seventitlesof the Code, reviewing 132chapters
and removing 403pages of outdated and obsolete Code. This agenda item is presented for a first
reading of the ordinance to create Title No. 7 (Licensing) of the Code. Title No. 8 (Public
Infrastructure, Roads and Facilities) is currently under staff review.
TitleTimeline
Title No. 1 General ProvisionsComplete
Title No. 2 AdministrationComplete
Title No. 3 Health, Safety and WelfareComplete
Title No. 4 Public NuisanceComplete
Title No. 5 Lands and BuildingsComplete
Title No. 6 Zoning and SubdivisionComplete
Title No. 7 LicensingIn progress
Title No. 8 Public Infrastructure, Roads and FacilitiesIn progress
Title No. 7, Licensing
Staff from City Clerk, Public Safety, Community Development and Building Inspectionshave
reviewed all chapters included in Ordinance No. 1433.This work incorporateda review of
current Code, researchofcomparable city codes in the metro areaanddetermination of best
practiceswith afocus on process improvement. The proposed Codereflects
recommendations for enhanced transparency and communication with licensees, improved internal
business processes and compliance with County and State law.
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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Ordinance No. 1433
The Council approved the first reading of the ordinance at its August 25 meeting. This ordinance
approves new chapters of Code, amends existing chapters and repeals obsolete chapters.
Chapter What it does Explanation of proposed changes
Liquor Regulates liquor The proposed changes:
operations within the 1.!
City. liquor operations in the City, many with
overlapping regulations.
2.!Replace those nine chapters with one chapter to
be called Liquor. This new chapter streamlines the
through its applications, compliance, minimum
standards of operation and fees.
Tobacco Establishes The proposed changes:
Products regulations for the 1.!Adds a purpose statement
sale and distribution 2.!Consolidates all licensing rules and regulations
of tobacco products 3.!Consolidate sections together that address
within the City. minimum standards of operation
Pawn Shops Establishes The proposed changes:
regulatory oversight 1.!Updates the purpose statement to align with
of pawn businesses State law and current practice
within the City. 2.!Updates and adds new definitions to align with
State law.
Massage Establishes The proposed changes:
regulatory oversight 1.!Strengthen therapist licensing requirements
of massage therapy 2.!Enhance background investigations
businesses within the 3.!Impose stricter operational standards.
City.
Peddlers Regulates how The proposed changes:
peddlers, solicitors 1.!Repeal the Peddlers Chapter and replace it with
and transient the Itinerant Merchants Chapter
merchants may 2.!Establishes a comprehensive framework for
operate within the licensing business enterprises and authorized
City.
behalf
3.!Creates flexible licensing terms of 30, 60 and 90
days
4.!Enhances consumer protections through
enhanced backgrounding of the enterprise and
individuals.
Hotels and Establishes standards The proposed changes:
Motels and regulations for 1.!Incorporates anti-trafficking measures
operating lodging
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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establishments 2.!Enhances security requirements, (e.g., security
(hotels and motels) cameras, lighting and on-site management)
within the City. 3.!Establishes guest registration requirements and
duration limits.
Lodging Tax Pursuant to State law, The proposed changes:
establishes a local 1.!Aligns definitions with State law
sales tax upon 2.!Appeals must comply with the Appeals and
lodging Administrative Citations Chapter of Code.
establishments.
Lawful Establishes oversight The proposed changes:
Gambling of lawful gambling 1.!Updates the purpose statement
activities within the 2.!Simplifies definitions
City. 3.!Updates regulations to align the Code with State
law in regard to eligibility and gambling
endorsements for establishments with an On-
Sale Liquor License.
Mobile Food Establishes rules of The proposed changes:
Units operation for Mobile 1.!M
Food Units (food No substantive changes are proposed.
trucks and ice cream
trucks).
Christmas Establishes rules of The proposed changes:
Trees operation for pop up 1.!Adds a purpose statement
Christmas tree lots. 2.!Clarifies operational requirements of cut tree lots.
No substantive changes are proposed.
Gasoline Establishes The proposed changes:
Sales operational 1.!Adds a purpose statement
standards for fuel 2.!U
stations and fuel State Fire Code
sales within the City. 3.!Removes sections (advertising, sales as advertised
and misrepresentation) as these regulations are
overseen by the Department of Commerce
4.!Clarifies that each fuel station requires a City
license and is inspected by the Fire Marshal
5.!Establishes minimum standards of operation as
they relate to zoning, litter clean-up, noise and
exterior lighting.
Junkyards Establishes rules of The proposed changes:
operation for 1.!Updates definitions to align with State law
businesses that 2.!Organizes licensing requirements. No substantive
salvage and store changes are proposed.
vehicles.
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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Motor Establishes rules of The proposed changes:
Vehicle Body operation for 1.!Updates definitions to align with State law
Repair business that repair 2.!Consolidates license terms into one section. No
vehicles. substantive changes are proposed.
Used Motor Establishes rules of The proposed changes:
Vehicles businesses that buy 1.!Updates definitions to align with State law
and sell used 2.!U
vehicles. style. No substantive changes are proposed.
Auctions Establishes consumer The proposed changes:
protections to 1.!Adds a purpose statement to the chapter
regulate auction 2.!Removes language surrounding legal measures
sales within the City. that may be taken between two private parties
3.!Removes language regarding penalties, which are
addressed in the Penalties Chapter of the Code.
Billiards Establishes a City The proposed changes:
license for billiard 1.!Staff recommend repealing this chapter because
tables in commercial billiard tables are not a typical nuisance-causing
establishments. activity. Additionally, most cities no longer license
this activity.
Bowling Established a City The proposed changes:
Alleys license for bowling 1.!Staff recommend repealing this chapter because
alleys. bowling alleys are not a typical nuisance-causing
activity. Additionally, most cities no longer license
this activity.
Carnivals Establishes a City The proposed changes:
license for outdoor 1.!Staff recommend repeal of this chapter. In lieu of
circus-type events. licensing this activity, the City approved a Special
Event Permit that encapsulates requirements
related to similar events.
Drive-In Establishes a City The proposed changes:
Theater license for drive-in 1.!Staff recommend repeal of this chapter. In lieu of
theaters. licensing this activity, the City approved a Special
Event Permit that encapsulates requirements
related to similar events.
Food Regulates food The proposed changes:
Establishment establishment 1.!Staff recommend repeal of this chapter.
licensing in the City. 2.!Repeal eliminates redundancy in licensure
required by Anoka County and the State
3.!Reduces administrative burden
4.!Preserves enforcement tools through other
chapters of the Code.
Golf Courses Establishes a City The proposed changes:
and Driving license for golf-1.!Staff recommend repeal of this chapter.
Ranges related businesses.
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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2.!Golf-related activities do not cause nuisance-
related issues and any new application for this
type of use are regulated by the zoning chapters
of the Code.
Music Festival Establishes a City The proposed changes:
license for outdoor 1.!Staff recommend repeal of this chapter.
music festivals. 2.!In lieu of licensing this activity, the City approved
a Special Event Permit that encapsulates
requirements related to similar events.
Public Dances Establishes a City The proposed changes:
license for outdoor 1.!Staff recommend repeal of this chapter.
public dances. 2.!In lieu of licensing this activity, the City approved
a Special Event Permit that encapsulates
requirements related to similar events.
Water Required a permit for The proposed changes:
Softeners installation of water 1.!At the recommendation of the Building Official,
softeners. this chapter may be repealed because such
permits are required by the State Building Code.
Fees This chapter The proposed changes:
1.!Reflect changes to chapter numbers, new
authority to charge chapters and repealed chapters. The changes are
fees for various organizational in nature.
services.
Financial Impact
None.
Recommendation
Staff recommend the Council approve a second reading of Ordinance No. 1433, Creating Title
No. 7 (Licensing) of the Fridley City Code and Updating the Chapters Contained Therein and
Updating Chapter 209 (Fees).
Staff recommend the Council approve the summary ordinance of Ordinance No. 1433 for
publication in the Official Publication.
Attachments and Other Resources
!Ordinance No. 1433
!Summary Ordinance No. 1433
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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Ordinance No. 1433
Creating Title No. 7 (Licensing) of the Fridley City Code and Updating the Chapters
Contained Therein and Updating Chapter 209 (Fees)
The City Council of the City of Fridley does ordain, after review, examination and staff
recommendation that the Fridley City Code be amended as follows:
Section 1
That Fridley City Code Chapter 601 (Municipal Operation of Liquor), Chapter 602 (3.2 Malt Liquor),
Chapter 603 (Intoxicating Liquor), Chapter 604 (Consumption Display), Chapter 605 (Intoxicating
Liquor Bottle Club Permit), Chapter 606 (Intoxicating Liquor On-Sale Club), Chapter 607
(Entertainment License), Chapter 609 (Liquor Caterers) and Chapter 610 (Liquor Manufacturers)
are hereby repealed in their entirety and replaced by Fridley City Code Chapter 700 (Liquor).
FRIDLEY CITY CODE
CHAPTER 601. MUNICIPAL OPERATION OF LIQUOR
601.01. DEFINITIONS
The following definitions shall apply in the interpretation and application of this Chapter and the
following words and terms, wherever they occur in this Chapter, are defined as follows:
1. Beer.
Any malt beverage with an alcoholic content of more than one-half of one percent (.5%) by
volume and not more than 3.2 percent (3.2%) by weight.
2. Intoxicating liquor and liquor.
Distilled, vinous and fermented beverages containing more than 3.2 percent (3.2%) of alcohol by
weight.
3. Off-Sale.
Retail sale in the original package for consumption away from the dispensary.
4. On-Sale.
Sale by the drink for consumption in the dispensary.
601.02. ESTABLISHMENT
There is hereby established a Municipal Liquor Dispensary for the sale of "off-sale" intoxicating
liquor.
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601.03. LOCATION AND OPERATION
1. The Municipal Liquor Dispensary shall be located in such suitable places in the City as the
Council may determine, except that no permits shall be issued for the operation of a Municipal
Liquor Dispensary upon which the taxes or other special levies are delinquent.
2. The City Manager shall manage and operate the Municipal Liquor Dispensary under the direct
supervision and direction of the Council and shall perform such duties in connection therewith as
the Council may impose upon him or her. The City Manager shall be directly responsible to the
Council for the conduct of the Municipal Liquor Dispensary in full compliance with the regulations
and ordinances of the City and all State and Federal Laws and Regulations.
3. The Council shall provide and fix the salaries of such additional help and employees as in their
judgment are necessary for the operation of said Municipal Liquor Dispensary.
4 No person under eighteen (18) years of age shall be employed at any time in the Municipal
Liquor Dispensary,
601.04. DISPENSARY FUND
A Municipal Liquor Fund is hereby created in which fund shall be paid and deposited all
receipts and revenues from the operation of the Municipal Liquor Dispensary and from which fund
shall first be paid expenses of operation and maintenance of the said Municipal Liquor Dispensary.
The City Council may provide for the transfer of retained earnings to the General Fund of the City
or to such appropriate fund as the Council by resolution may determine.
601.05. HOURS
The hours of operation shall be as provided by State Statute.
601.06. HOLIDAYS
No "off -sale" shall be, made on New Years Day, January 1; Thanksgiving Day, or Christmas Day,
December 25; but on the evenings preceding such days, if the sale of liquor is not otherwise
prohibited on such evenings "off-sales" may be made until 10:00 p.m. except that no "off-sale"
shall be made on December 24 after 8:00 p.m. (Ref. 981)
601.07. CONDITIONS AND RESTRICTIONS
1. No business other than the sale of liquor shall be carried on in the Municipal Liquor
Dispensary except the retail sale of cigars, cigarettes, all forms of tobacco, beer, soft drinks, ice
and accessories.
2. No pool or billiard table shall be kept in any part of the Municipal Liquor Dispensary.
3, No liquor or beer shall be sold on credit.
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4. No liquor or beer shall be sold or served to a person under twenty-one (21) years of age,
directly or indirectly. (Ref. 908)
5. No person under twenty-one (21) years of age shall misrepresent his or her age for the
purpose of obtaining liquor or beer. (Ref. 908)
6. No person shall be permitted to loiter upon the premises of the Municipal Liquor Dispensary
habitually.
7. No person who is a spendthrift, habitual drunkard or improvident person, as stated in
Minnesota Statutes, Section 340.73 Subd. 2, or who is disorderly or under the influence of
intoxicating liquor shall be permitted on the Municipal Liquor Dispensary premises.
8. No liquor or beer shall be sold to an intoxicated person.
9. The Municipal Liquor Dispensary shall be inspected by the Health officer of the City at least
once a month and as many other times as the Health Officer deems necessary to insure that the
premises are maintained in a sanitary condition.
601.08. LIABILITY INSURANCE
The Municipal Liquor Dispensary shall, prior to commencement or continuation of operation after
August 1, 1983, demonstrate proof of financial responsibility with regard to liability imposed by
Minnesota Statutes, Section 340.95 to the City Clerk. Proof of financial responsibility may be given
by filing:
1. A certificate that there is in effect for the period covered by the license an insurance policy or
pool providing the following minimum coverages:
A. $50,000 because of bodily injury to any one person in any one occurrence, and, subject to
the limit for one person, in the amount of $100,000 because of bodily injury to two or more
persons in any one occurrence, and in the amount of $10,000 because of injury to or
destruction of property of others in any one occurrence.
B. $50,000 for loss of means of support of any one person in any one occurrence, and,
subject to the limit for one person, $100,000 for loss of means of support of two or more
persons in any one occurrence; or
2. A bond of a surety company with minimum coverages as provided in Section (1) above, or
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3. A certificate of the State Treasurer that the licensee has deposited with the State Treasurer
$100,000 in cash or securities which may be legally purchased by savings banks or for trust
funds having a market value of $100,000.
4. The City Clerk shall submit the provided proof of financial responsibility to the Commissioner
of Public Safety.
601.09. ADMINISTRATIVE OFFENSES (Ref Ord 1212)
A. Administrative Civil Penalties: Administrative offense procedures established pursuant to
this chapter are intended to provide the public and the City with an informal, cost effective, and
practical alternative to traditional criminal charges for violations of this ordinance. The procedures
are intended to be voluntary on the part of those who have been charged with administrative
offenses.
B. At any time prior to the payment of the administrative penalty as is provided for hereafter,
the individual may withdraw from participation in the procedures in which event the City may
bring criminal charges in accordance with law. Likewise, the City, at its discretion, may bring
criminal charges in the first instance. In the event a party participates in the administrative offense
procedures but does not pay the monetary penalty which may be imposed, the City will seek to
collect the costs of the administrative offense procedures as part of a subsequent criminal
sentence in the event the party is charged and is adjudicated guilty of the criminal violation.
C. Notice. Any officer of the Fridley Police Department shall, upon determining there has
been a violation, notify the violator of the violation. Said notice shall set forth the nature, date
and time of violation, the name of the officer issuing the notice and the amount of the scheduled
penalty.
D. Payment. Once such notice is given, the alleged violator may, within twenty (20) days of
the time of issuance of the notice pay the amount set forth on the notice, or may request a hearing
in writing, as provided for hereafter. The penalty may be paid in person or by mail, and payment
shall be deemed to be an admission of the violation.
E. Hearing. Any person contesting an administrative offense pursuant to this Chapter may
request a hearing before the Hearing Examiner. Such request shall be filed in writing with the
office of the Public Safety director within twenty (20) days of the offense. The Public Safety
Director shall notify the Hearing Examiner, who will notify the person contesting of the date, time,
and place of hearing. The hearing shall be conducted no more than twenty (20) days after the
Hearing Examiner receives notice of the request, unless a later date is mutually agreed to by the
Hearing Examiner, the person contesting and the City. Within ten (10) days after such hearing,
the Hearing Examiner shall affirm, repeal, or modify the charge against the person contesting.
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Any person aggrieved by the decision of the Hearing Examiner may appeal with the Public Safety
Director within twenty (20) days of receiving notice of the Hearing ExaminerÔs decision. At its next
available regular meeting following the filing of a notice of appeal, the Council shall review the
decision and findings of fact of the Hearing Examiner and shall affirm, repeal or modify that
decision.
F. Hearing Examiner. The position of Hearing Examiner is hereby created. The City Manager
may, at his discretion and with the approval of the Council, contract with third parties for the
furnishing of all services of the Hearing Examiner as contained in this Chapter and set the rate of
compensation therefore.
G. Qualifications. The Hearing Examiner shall be an individual trained in law; however, it shall
not be required that the Hearing Examiner be currently licensed to practice law in the State of
Minnesota.
H. Duties: The Hearing Examiner shall have the following duties:
1) Set dates and hear all contested cases.
2) Take testimony from all interested parties.
3) Make a complete record of all proceedings including findings of fact
and conclusions of law.
4) Affirm, repeal or modify the penalty accessed.
I. Failure to Pay. In the event a party charged with an administrative penalty fails to pay the
penalty, the party will be charged with the criminal offense.
J. Disposition of Penalties. All penalties collected pursuant to this Chapter shall be paid to
the CityÔs treasurer and will be deposited in the CityÔs general fund.
601.10. VIOLATIONS (Ref Ord 1212)
A. Administrative Civil Penalties: Any person in the employ of a Municipal Liquor Dispensary
who sells any intoxicating liquor, 3.2% malt liquor, beer or wine to a person under the age of
twenty-one (21) years is subject to an administrative penalty; and any person under the age of
twenty-one (21) who attempts to purchase any intoxicating liquor, 3.2% malt liquor, beer or wine
from a Municipal Liquor Dispensary is subject to an administrative penalty. The administrative
penalties are as follows:
First violation. The penalty for the first violation is $250.00.
Second violation within 12 months. The penalty for the second violation is
$500.00.
Third violation within 12 months. The penalty for the third violation is $750.00.
B. Defense. It is a defense to the charge of selling intoxicating liquor, 3.2% malt liquor, beer
or wine to a person under the age of twenty-one (21) years, that the individual, in making the sale,
reasonably and in good faith relied upon representation of proof of age described in State Statute
Section 340A.503. subdivision 6, paragraph (a).
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C. Exemption. A person, no younger than 18 and no older than 20, may be enlisted to assist
in the tests of compliance. The person shall at all times act only under the direct supervision of a
law enforcement officer or an employee of the licensing department, or in conjunction with a
compliance check effort that has been pre-approved by the Fridley Police department. A person
who purchases or attempts to purchase intoxicating liquor, 3.2% malt liquor, beer or wine while
in this capacity is exempt from the penalties imposed by subdivision A above.
601.11. 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 of this Code.
FRIDLEY CITY CODE
CHAPTER 602. 3.2% MALT LIQUOR
602.01. DEFINITIONS
The following definitions shall apply in the interpretation and application of this Chapter and the
following words and terms, wherever they occur in this Chapter, are defined as follows:
1. 3.2 % Malt Liquor.
Any malt liquor with an alcoholic content of more than one-half of one percent (.5%) by volume
and not more than 3.2% by weight.
2. Entertainment.
Includes, but is not limited to, music; singing; plays; dancing, either by the public or performers;
motion pictures; exposition; performances; male or female reviews; fashion shows; TV, other than
regular public channels; concerts; or any other deliberate act intended to amuse or entertain
patrons and/or employees.
3. Sale, Sell, or Sold.
Includes the giving, bartering, providing, or furnishing of 3.2% malt liquor in exchange for any
payment or compensation, including any sale of or charge for or any other value-based
transaction for the provision of a glass, pitcher, cup or other container which is then utilized for
the possession and consumption of 3.2% malt liquor. A sale is also defined as the charging of any
cover charge to enter the premises for the purpose of receiving 3.2% malt liquor requiring no
further payment or compensation.
602.02. LICENSES REQUIRED
1. Licenses.
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No person, except wholesalers and manufacturers to the extent authorized by law, shall deal in
or dispose of by sale or keep or offer for sale, any 3.2% malt liquor within the City without first
having received a license as hereinafter provided. Licenses shall be of three kinds: (1) Regular
"on-sale"; (2) Temporary "on-sale"; and (3) "Off-sale".
2. Regular "On-sale".
Regular "on-sale" licenses shall be granted only to bona fide clubs, restaurants, and hotels where
food is prepared and served for consumption on the premises. "On-sale" licenses shall permit the
sale of 3.2% malt liquor for consumption on the premises only.
3. Temporary "On-sale". Temporary "on-sale" licenses shall be granted only to clubs, charitable,
religious, or nonprofit organizations for the sale of 3.2% malt liquor for consumption on the
premises only. Said temporary licenses may be granted upon written application to the City
Council upon forms provided by the City. The provisions of Chapter 602 of the Fridley City Code,
as applicable, shall be observed by said nonprofit organizations.
4. "Off-sale". "Off-sale" licenses shall permit the sale of 3.2% malt liquor at retail, in the original
package for consumption off the premises only.
5. Late Night License Endorsement. An on-sale license may be amended to include a Late Night
License Endorsement subject to the terms and conditions imposed by the City Council within its
discretion and otherwise in accordance with the provisions of this Chapter. No person may sell
any 3.2% malt liquor under any permit issued pursuant to this chapter after 1:00 a.m. without first
obtaining a Late Night License Endorsement.
602.03. LICENSE APPLICATIONS
Every application for a license to sell 3.2% malt liquor shall be made to the City Clerk on a form
supplied by the City and containing such information as the Clerk or the City Council may require.
It shall be unlawful to make any false statement in an application.
602.04. LICENSE FEES
1. Payment Required. Each application for a license shall be accompanied by a receipt from the
City Treasurer for payment in full of the required fee for the license. All fees shall be paid into
the General Fund of the City. Upon rejection of any application for a license, the Treasurer shall
refund the amount paid.
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2. Expiration; Pro Rata Fees. Every license except a temporary license shall expire on the last day
of April of each year. Each license except a temporary license shall be issued for a period of one
(1) year, except that if a portion of the license year has elapsed when the license is granted, the
license shall be issued for the remainder of the year for a pro rata fee. In computing such fee, any
unexpired fraction of a month shall be counted as one (1) month. A temporary license shall be
issued for a specific period in which a special event to which the sale is incident is being held and
such period shall be stated on the license.
3. Fees.
Every "on-sale" license shall include an "off-sale" license. Each "on-sale" license fee shall include
an "off-sale" license at no additional expense. The annual and temporary license fees and initial
investigation fee shall be as provided in Chapter 11 of this Code.
602.05. GRANTING OF LICENSES
1. Initial Licenses
A. Upon receipt of a complete application, the City Clerk shall forward the application to
the Public Safety Director, or Director's designee, for verification and investigation of the
facts set forth in the application. The Director or their designee shall complete such
investigation and make a written recommendation and report to the City Clerk. The report
shall include a list of all violations of any federal, state or municipal law.
B. After receipt of the written report, the City Clerk shall forward the application to the
Fire Department and Building Inspections Department for their review and comment.
C. Within twenty (20) days after the receipt of the DirectorÔs written report, the City Clerk
shall cause to be published a Notice of Public Hearing regarding the license application in
the official newspaper at least ten (10) days in advance of the public hearing. The Notice
shall include the date, time and place of the public hearing, the name of the applicant, the
address of the premises to be licensed, and the nature of the business. The City Clerk shall
prepare a written report to the City Council for the public hearing which shall include the
Director's report and any comments the Fire and Building Inspections Departments may
have. An application for a temporary on-sale 3.2% malt liquor license shall be exempt
from the public hearing requirement.
D. At the time of the public hearing, opportunity shall be given to any person to be heard
for or against the granting of the license. If additional information is required, the City
Council may conduct an additional hearing, as it may deem advisable, within a reasonable
amount of time. The City Council may thereafter grant or deny the application in its
discretion.
E. The City Clerk shall, within ten (10) days after the issuance of any license under this
Chapter, submit the required documentation to the Commissioner of Public Safety. The
City Clerk shall also submit to the Commissioner of Public Safety any change of address,
cancellation or revocation of any license by the City Council during the license period.
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F. Each license is issued to the applicant at the premises described in the application. No
license may be transferred to another person, entity, or to another location.
G. Where a license is granted to premises where the building that is under construction
or otherwise not ready for occupancy, the City Clerk shall not issue the license until a
Certificate of Occupancy has been issued. The Building Inspection Department shall notify
the City Clerk that the Certificate of Occupancy has been issued and the building is ready
for occupancy.
2. Renewal Licenses
A. Applications for the renewal of an existing license shall be made at least 60 days prior to the
date of the expiration of the license and shall be made in such abbreviated form as the City
Council may approve. If, in the judgment of the City Council, good and sufficient cause is
shown by an applicant for their failure to file for a renewal within the time provided, the City
Council may, if the other provisions of this Chapter are complied with, grant the application.
A review shall be made of all facts set out in the application. The City Council shall grant or
refuse the, application in its discretion.
B. Each license holder shall be given written notice, by mail, at least ten (10) days but not more
than thirty (30) days before the City Council acts upon their license renewal. This notice shall
be in a form as designated by the City Clerk and shall specify the date and time when the
renewal application will be considered by the City Council. The license holder shall be
permitted an opportunity to address the City Council on its license renewal application. (Ref.
806)
3. Late Night License Endorsement. An on-sale license may be amended to include a Late
Night License Endorsement subject to the terms and conditions imposed by the city council
within its discretion and otherwise in accordance with the provisions of this Chapter. An
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application for a Late Night License Endorsement shall be made at the same time as, but
separate from, an initial license or license renewal.
602.06. PERSONS INELIGIBLE FOR LICENSES
No license shall be granted to or held by any person who:
1. Is under twenty-one (21) years of age; (Ref. 909)
2. Has, within five (5) years prior to the application for such license, been convicted of a felony,
or of violating any law of this State or local ordinance relating to the manufacture, sale,
distribution, or possession for sale or distribution of intoxicating liquors or 3.2% malt liquor, and
cannot show competent evidence under Minnesota Statutes, Section 364.03, of sufficient
rehabilitation and present fitness to perform the duties of a beer licensee;
3. Is a manufacturer of 3.2% malt liquor or is interested in the control of any place where 3.2%
malt liquor is manufactured;
4. Is not of good moral character and repute. If the applicant has been an owner, manager, or
employee of a saloon, hotel, restaurant, cafe, tavern, or other business of a similar nature, the City
Council may consider the applicant's past performance record in determining whether a license
shall be granted or renewed;
5. Is or during the period of this license becomes the holder of a federal retail liquor dealer's
special tax stamp for the sale of intoxicating liquor at any place, unless there has also been issued
to him or her a local license to sell intoxicating liquor at such place; or
6. Is not the proprietor of the establishment for which the license is issued. (Ref. 14)
602.07. PLACES INELIGIBLE FOR LICENSE
1. Distance from Schools and Churches.
Except for those organizations who have been issued temporary licenses to sell 3.2 % malt liquor
pursuant to Section 602.02.3, no license shall be granted for any place within 300 feet of any
public or parochial school or within 300 feet of any church. In applying this restriction, the distance
shall be measured in a straight line from the school or church building to the main public entrance
of the premises described in the application. (Ref. 294)
2. Unpaid Financial Claims.
No license shall be granted for operation on any premises upon which taxes or assessments or
other financial claims of the City are delinquent and unpaid.
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602.08. CONDITIONS OF LICENSE
1. General Conditions.
Every license shall be granted subject to the conditions in the following subdivisions and all other
provisions of this Chapter and of any other applicable ordinance of the City or State law.
2. Sales to Minors or Intoxicated Persons.
No 3.2% malt liquor shall be sold or served to any intoxicated person or to any person under
twenty-one (21) years of age. (Ref. 47, 909)
3. Consumption by Minors.
No person under the age of twenty-one (21) years shall be permitted to consume 3.2% malt liquor
on the licensed premises. (Ref. 909)
4. Employment Of Minors.
No person under eighteen (18) years of age shall dispense, sell or serve any 3.2% malt liquor to
any individual on the licensed premises.
5. Gambling
No gambling or any gambling device shall be permitted on any licensed premises. Prohibited
gambling shall include private social bets not part of or incidental to organized, commercialized,
or systematic gambling. Gambling device shall include slot machines, roulette wheels,
punchboards, dice, video game of chance and pin-ball machines which return coins or slugs, chips,
or tokens of any kind which are redeemable in merchandise, cash or other item of value. Gambling
is prohibited whether or not licensed by the State. (Ref. Ord 1211)
6. Interest of Manufacturers or Wholesalers.
No manufacturer or wholesaler of 3.2% malt liquor shall have any ownership or interest in an
establishment licensed to sell at retail contrary to the provisions of Minnesota Statutes. No retail
licensee and manufacturer or wholesaler of 3.2% malt liquor shall be parties to any exclusive
purchase contract. No retail licensee shall receive any benefits contrary to law from a manufacturer
or wholesaler of 3.2% malt liquor and no such manufacturer or wholesaler shall confer any benefits
contrary to law upon a retail licensee.
7. Liquor Dealer's Stamp.
No licensee shall sell 3.2% malt liquor while holding or exhibiting in the licensed premises a federal
retail liquor dealer's special tax stamp unless he or she is licensed under the laws of Minnesota to
sell intoxicating liquors.
8. Sales of Intoxicating Liquor.
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No licensee who is not also licensed to sell intoxicating liquor shall sell or permit the consumption
and display of intoxicating liquors on the licensed premises or serve any liquids for the purpose
of mixing with intoxicating liquor. The presence of intoxicating liquors on the premises of such a
licensee shall be prima facie evidence of possession of intoxicating liquors for the purpose of sale.
9. Inspection.
Any police officer or health inspector may enter, inspect and search the premises of a licensee
during business hours without a search and seizure warrant and may seize all intoxicating liquors
and other evidence of violations found on the licensed premises in violation of this Chapter.
10. Licensee Responsibility.
Licensees shall be responsible for the conduct of their place of business and shall maintain
conditions of sobriety and order. The act of any employee on the licensed premises authorized to
sell or serve 3.2% malt liquor shall be deemed the act of the licensee as well and the licensee shall
be liable to all penalties provided by this Chapter equally with the employee.
11. Certain Exhibitions and Conduct Prohibited.
No licensee shall permit in any licensed establishment, or any adjoining property owned or leased
by the licensee, any boxing, wrestling, or any other form of entertainment whose primary
purpose is physical contact by striking or touching an opponent with hands, head, feet, or body.
Team sports in which physical contact is incidental to the primary purpose of the game such as
basketball, volleyball, soccer, football, baseball, hockey, and softball, are not included among
activities prohibited by this section.
12. No licensee shall use or permit to be used any playing cards on the licensed premise except
that playing cards may be used during a tournament of a social skill card game as defined by
Minnesota Statute 609.761, subdivision 3, and conducted pursuant to regulations contained
therein and this City Code.
A. Social Skill Card Game Tournament
(1) A social skill card game tournament means one separate and distinct organized
contest involving contestants who compete in a series of elimination card games of social
skill as defined by Minnesota Statute 609.761, subdivision 3.
(2) No licensee shall permit or conduct more than one social skill card game tournament
at any one time on the licensed premise or any adjoining property owned or leased by the
licensee and no social skill card game tournament shall be permitted or conducted except
during the normal hours of operation of the licensed premise.
(3) No licensee shall charge or permit to be charged, to either participants or spectators
of a social skill card game tournament, a price for consumer goods which is higher than
the price that is normally charged.
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(4) No licensee shall permit wagers in a social skill card game tournament to be made with
currency or any other thing of value except tournament chips or tokens. Tournament chips
or tokens shall represent tournament points only and shall have no cash value or be
redeemable for cash or for any other thing of value, except the point total represented by
the playersÔ accumulation of tournament chips or tokens shall be used to determine
winners and/or final place in a tournament.
(5) No licensee shall permit players or spectators to make any side bets or back bets, or
engage in any other form of gambling, at a social skill card game tournament.
(6) No licensee shall permit the aggregate amount or fair market value of prizes offered
or given in any single social skill card game tournament to exceed $200 and no licensee
shall award or permit to be awarded prizes exceeding a $200 value to any one social skill
card game tournament participant on any one day.
(7) No licensee shall award or permit to be awarded any prize consisting of intoxicating
liquor, beer, or wine, or certificate for future consideration of same, in a social skill card
game tournament.
(8) No person, partnership, corporation, or other organization, other than the licensee,
shall conduct or be permitted to conduct a social skill card game tournament on a licensed
premise without first having obtained a tournament service provider license pursuant to
this Chapter.
B. Social Skill Card Game Tournament Service Provider
(1) A person, partnership, corporation, or other organization, other than the licensee, who
conducts, organizes supplies or promotes a social skill card game tournament on a
premise licensed under this Chapter, is a social skill card game tournament service
provider.
(2) No person, partnership, corporation, or other organization shall act as a social skill card
game tournament service provider without first having obtained a license to do so from
the City Council.
(3) All applications for tournament service provider licenses shall be made to the City
setting forth all information necessary to show whether or not the person, partnership,
corporation, or other organization qualifies for such a license under this Chapter, together
with such additional information as may be required by the City Council. A completed
application form must include the full true names, dates of birth, social security numbers
and addresses of all persons financially interested in the business and/or all persons who
are either on the Board of Directors of or hold offices in the entity or organization. The
term Ñpersons financially interested in the businessÒ shall include all persons who share in
the profits of the business.
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(4) All applications for a license shall be referred to the Public Safety Director for
verification and investigation of the facts set forth in the application. The Public Safety
Director shall cause to be made such investigation of the information requested as shall
be necessary and shall make a written recommendation and report to the City Council
which shall include a list of all violations of Federal or State law or Municipal ordinance.
The City Council may order and conduct such additional investigation as it shall deem
necessary. In making a determination of suitability for a tournament service provider
license, the City Council shall consider the background of each person, partner, corporate
officer or individual applicant.
(5) No license shall be granted or held by any person who has been convicted, within 15
years prior to the application of such license, of any felony violation of any law of the
United States, the State of Minnesota, or any other state or territory, or of any local
ordinance involving or related to theft or gambling.
(6) The annual license fee and expiration date shall be as provided in Chapter 11 of this
Code.
602.09. HOURS
1. Closing Hours.
No sale of 3.2% malt liquor may be made between 21:00 a.m. and 8:00 a.m. on the days of Monday
through Sunday. No sale may be made between the hours of 8:00 p.m. December 24th and 8:00
a.m. on December 26th without Holiday Endorsement. (Ref Ord 1271, 1335)
A. Holiday Endorsement. If an establishment has a joint 3.2% malt liquor license and a wine
license, they may apply for one holiday endorsement to cover both licenses.
B. The Holiday Endorsement enables the establishment to remain open on Monday through
Saturday between the hours of 8:00 a.m. on December 24th and 1:00 a.m. on December
25th and between 8:00 a.m. on December 25th and 1:00 a.m. on December 26th. Should
December 24th, 25th or 26th fall on a Sunday, the establishment may not sell, provide or
allow the consumption of liquor until 10:00 a.m. or until such other time as defined by
Minnesota Statutes.
C. Those establishments which also hold a Late Night Endorsement as defined in Section
602.9.3 of the Fridley City Code may also remain open until 2:00 a.m. on December 25th
and 26th.
2. Remaining on Premises.
It shall be unlawful for any persons or customers, other than the licensee or their employees, to
remain on the premises after 1:30 a.m. There shall be no consumption of wine, 3.2% malt liquor,
or any intoxicating liquor by any persons, including licensees or their employees, after 1:30 a.m.
3. Notwithstanding the foregoing, a sale of 3.2% malt liquor may occur on a licensed premises
between the hours of 1:00 a.m. and 2:00 a.m. if the licensee has been granted by the city a Late
Night License Endorsement for that license. No sale of 3.2% intoxicating liquor for consumption
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on any license premises for which a Late Night Endorsement has been granted by the city shall
occur between 2:00 a.m. and 8:00 a.m. on the days of Monday through Saturday. It shall be
unlawful for the persons or customers, other than the licensees or their employees, to remain on
a licensed premises for which a Late Night License Endorsement has been granted by the city, nor
shall there be any consumption by any persons, including the licensees and their employees on
such premises, more than one half-hour after closing of operations for that day and, in no event,
later than 2:30 a.m. (Ord 1197)
602.10. CLUBS
No club shall sell 3.2% malt liquor except to members and to guests in the company of
members.
602.11. RESTRICTIONS ON PURCHASE AND CONSUMPTION
1. Age Misrepresentation.
Persons under twenty-one (21) years of age shall not misrepresent their age for the purpose of
obtaining 3.2% malt liquor.
2. Inducing Purchase.
No person shall induce a person under the age of twenty-one (21) years to purchase or procure
3.2% malt liquor.
3. Procurement.
No person other than the parent or legal guardian shall procure 3.2% malt liquor for any person
under the age of twenty-one (21) years. This section shall not prohibit the use of a person under
the age of twenty-one (21) to attempt to purchase or procure 3.2% malt liquor from a licensee in
a test of the licensing department, or in conjunction with a compliance check effort that has been
pre-approved by the Fridley Police Department.
4. Possession.
Persons under twenty-one (21) years of age shall not have 3.2% malt liquor in their possession
with the intent to consume it at a place other than the household of their parents or guardians.
(Ref. 909)
5. Liquor Consumption and Display.
No person shall consume or display any intoxicating liquor on the premises of a licensee unless
said licensee is also licensed to sell intoxicating liquors.
602.12. ENTERTAINMENT LICENSE REQUIRED
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No person operating an establishment in the business of selling, permitting to be displayed or
consumed an intoxicating liquor or 3.2% malt liquor shall permit any entertainment on the
premises without having secured a license from the City Council to permit such entertainment.
602.13. LIABILITY INSURANCE
1. Every person licensed to sell on-sale or off-sale retail intoxicating liquor or 3.2% malt liquor or
wine shall demonstrate proof of financial responsibility with regard to liability imposed by
Minnesota Statutes, Section 340A.409801 to the City Clerk as a condition of the issuance or
renewal of his or her license. Proof of financial responsibility may be given by filing:
1. A. A certificate that there is in effect for the period covered by the license an insurance
policy or pool providing the following minimum coverages:
(2) (1) $50,000 because of bodily injury to any one person in any one occurrence, and,
subject to the limit for one person, in the amount of $100,000 because of bodily injury
to two or more persons in any one occurrence, and in the amount of $10,000 because
of injury to or destruction of property of others in any one occurrence; and.
(2) $50,000 for loss of means of support of any one person in any one occurrence, and,
subject to the limit for one person, $100,000 for loss of means of support of two or
more persons in one occurrence or
B. A bond of a surety company with minimum coverages as provided in clause (A) above, or
C. A certificate of the Commissioner of Finance that the licensee has deposited with the
Commissioner of Finance $100,000 in cash or securities which may legally be purchased by
savings banks or for trust funds having a market value of $100,000.
2. A liability insurance policy required by Section 602.13.1 shall provide that it may not be
canceled for any cause, either by the insured or the insurance company without first giving ten
(10) days notice to the City of Fridley in writing of the intention to cancel it, addressed to the City
Clerk of the City of Fridley.
3. A liability insurance policy required by Section 602.13.1 shall provide that the insurance
company agrees to contact the City of Fridley in writing and addressed to the City Clerk of the
City of Fridley, within ten (10) days of any claim made against the policy.
4. A liability insurance policy required by Section 602.13.1 that contains, annual aggregate limits
of liability shall require the insured to buy additional coverage after any claim is made that reduces
the coverage under the policy below the requirements of Section 602.13.1.
5. The operation of an on-sale or off-sale retail intoxicating, 3.2% malt liquor or wine business,
without having on file at all times with the City of Fridley the liability insurance policy or other
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evidence of financial responsibility required under Section 602.13.1 shall be grounds for
immediate revocation of the license. Notice of cancellation of a current liquor liability policy serves
as notice to the licensee of the impending revocation and unless evidence of compliance with the
financial responsibility requirements of Section 602. 13. 1 is presented to the City Clerk before the
termination is effective, the license will be revoked instantly upon the lapse.
6. The City Clerk shall submit the provided proof of financial responsibility to the Director of
Public Safety.
602.14. PATIO ENDORSEMENT (Ref Ord 1242)
1. Statement of Policy
The sale of alcoholic beverages pursuant to any of the licenses issued in accordance with Chapters
602, 603 and 606 of the City Code, with the exception of a temporary license, will be limited to
the sale and consumption inside of a structure on the licensed premises, unless the licensee
applies for and receives approval from the City Council for a Patio Endorsement to allow the sale
and consumption outside of a structure on the licensed premises.
2. Regulations
A. An outdoor patio shall not be enclosed in such a manner that the air becomes indoor air
as defined by state law.
B. The patio shall be attached to the licensed premises and share at least one common wall
or side with the licensed premise building/structure. The contiguous area will not be part
of a public street, sidewalk or other public grounds.
C. If part of the parking lot is used to install an outdoor patio, the patio must share one
common wall with the licensed premise. In addition, the licensed premise must continue
to meet the parking requirements set by city code and the patio shall not affect the
circulation of traffic.
D. Access to the patio shall be directly from the licensed premise with no direct access other
than an emergency exit (exit only) equipped with an alarm, from any area other than by
passing through the normal interior public areas of the licensed premise.
E. The patio shall be clearly delineated by a permanent installed fence, or other structure or
barrier, at least 42Ò high to prevent the ingress or egress of persons to and from the patio.
The fence shall be designed and constructed in a manner that discourages or deters the
passing of any regulated, controlled or prohibited items outside from one side of the
barrierfence to the other side of the fence.
F. Panic and fire exit hardware shall be installed on the fence or barrier and comply with the
Minnesota Building Code.
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G. Patios in direct contact with, or immediately adjacent to a parking area for motor vehicles,
shall have sufficient barriers installed, as defined by the Minnesota Building Code, to
reduce the likelihood of incursion of vehicles into the patio space.
H. The licensee shall pay the current Metropolitan Council S.A.C. unit(s) for outside seating.
I. The patio shall be placed in an area to meet the state and federal accessibility
requirements.
J. Live entertainment mayshall be allowed in the patio area between the hours of 9:00 am
and 10:00 pm. Music, sound, or noise in the patio enclosure shall comply with the
provisions and requirements of Chapter 124 of the Fridley City Code at all times.
K. The sale and consumption of 3.2% malt liquor within the patio is limited to the normal
business hours. No licensee, nor the employee, nor agent of any license will serve,
dispense, possess, display, or in any manner furnish 3.2% malt liquor at any other time.
L. All other conduct pertaining to the licensed premises required by this Code or Minnesota
state statutes shall apply.
3. Application
Any restaurant to which an on-sale 3.2% malt liquor license has been issued may submit an
application to the City for a patio endorsement. The application shall contain a description of the
outdoor area that is proposed to be licensed and mustwill be accompanied by a drawing of the
proposed area to be licensed. The application will also include a detailed description of the
barriers that will be used, the method of seating, ingress and egress arrangements, security
provisions, sanitary and fire arrangements and lighting. The drawings must include the
dimensions of the area, barriers, tables, aisles and equipment, and must be drawn proportionately
to scale.
This application must be submitted to the City Clerk for review and comment by the Police
Department, Fire Department, and Community Development Department before submission to
the City Council. The City staff will review the suitability of the proposed licensed area in light of
the applicable fire, building and life safety codes, zoning codes, past performance of the licensee
in maintaining order and obeying applicable laws in the licensed patio 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 of seating arrangements.
If the patio endorsement is approved by the City Council, the licensee would be required to apply
for and pay for the appropriate building permits and fees.
4. Violations
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A. It shall be a violation of this code, by the license holder and/or any employees or agents
of the license holder, to permit, allow or fail to prevent persons from directly accessing the
patio by means other than through the building on the premises.
B. It shall be a violation of this code by the license holder and/or any employees or agents
of the license holder, or to allow any other person, to provide, furnish or give any 3.2%
malt liquor, tobacco products, weapons, or any other regulated controlled or prohibited
items (for example, drugs, dice, cards, etc.) from one side of the fence or barrier to the
other.
C. Any violation of the provisions of this Code or of the state law regulating the sale of 3.2%
malt liquor which occur in the patio area will be considered as a violation of the principal
on-sale license for the premises.
602.15. ADMINISTRATIVE OFFENSES
1. Administrative Civil Penalties: Administrative offense procedures established pursuant to
this chapter are intended to provide the public and the City with an informal, cost effective, and
practical alternative to traditional criminal charges for violations of this ordinance. The procedures
are intended to be voluntary on the part of those who have been charged with administrative
offenses.
2. Every licensee shall be responsible for the conduct of its employees while on the licensed
premises and any sale or other disposition of any intoxicating liquor, 3.2% malt liquor, or wine by
an employee to any person under twenty-one (21) years of age shall be considered an act of the
licensee for purposes of imposing an administrative penalty, license suspension, or revocation.
A. Individual. At any time prior to the payment of the administrative penalty as is provided
for hereafter, the individual may withdraw from participation in the procedures in which event
the City may bring criminal charges in accordance with law. Likewise, the City, at its discretion,
may bring criminal charges in the first instance. In the event a party participates in the
administrative offense procedures but does not pay the monetary penalty which may be
imposed, the City will seek to collect the costs of the administrative offense procedures as part
of a subsequent criminal sentence in the event the party is charged and is adjudicated guilty
of the criminal violation.
B. Licensee. At any time prior to the payment of the administrative penalty as is provided for
hereafter, the licensee may withdraw from participation in the procedures in which event the
City may permanently revoke the license issued to the licensee under this Chapter in
accordance with law. Likewise, the City, in its discretion, may revoke the license issued to the
licensee under this Chapter in the first instance. In the event a licensee participates in the
administrative offense procedures but does not pay the monetary penalty which may be
imposed, the City will suspend the license issued to the licensee under this Chapter in
accordance with section 602.15.B of this ordinance.
3. Notice. Any officer of the Fridley Police Department shall, upon determining there has
been a violation, notify the violator of the violation. Said notice shall set forth the nature, date
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and time of violation, the name of the officer issuing the notice and the amount of the scheduled
penalty.
4. Payment. Once such notice is given, the alleged violator may, within twenty (20) days of
the time of issuance of the notice pay the amount set forth on the notice, or may request a hearing
in writing, as provided for hereafter. The penalty may be paid in person or by mail, and payment
shall be deemed to be an admission of the violation.
5. Hearing. Any person contesting an administrative offense pursuant to this Chapter may
request a hearing before the Hearing Examiner. Such request shall be filed in writing with the
office of the Public Safety director within twenty (20) days of the offense. The Public Safety
Director shall notify the Hearing Examiner, who will notify the person contesting and the licensee
of the date, time, and place of hearing. The hearing shall be conducted no more than twenty (20)
days after the Hearing Examiner receives notice of the request, unless a later date is mutually
agreed to by the Hearing Examiner, the licensee, the person contesting and the City. Within ten
(10) days after such hearing, the Hearing Examiner shall affirm, repeal, or modify the charge
against the licensee or the person contesting. Any person aggrieved by the decision of the
Hearing Examiner may appeal with the Public Safety Director within twenty (20) days of receiving
notice of the Hearing ExaminerÔs decision. At its next available regular meeting following the filing
of a notice of appeal, the Council shall review the decision and findings of fact of the Hearing
Examiner and shall affirm, repeal or modify that decision.
6. Hearing Examiner. The position of Hearing Examiner is hereby created. The City Manager
may, at his discretion and with the approval of the Council, contract with third parties for the
furnishing of all services of the Hearing Examiner as contained in this Chapter and set the rate of
compensation therefore.
7. Qualifications. The Hearing Examiner shall be an individual trained in law; however, it shall
not be required that the Hearing Examiner be currently licensed to practice law in the State of
Minnesota.
8. Duties: The Hearing Examiner shall have the following duties:
A. Set dates and hear all contested cases.
B. Take testimony from all interested parties.
C. Make a complete record of all proceedings including findings of fact and conclusions of
law.
D. Affirm, repeal or modify the penalty accessed.
9. Failure to Pay. In the event a party charged with an administrative penalty fails to pay the
penalty, if an individual, the party will be charged with the criminal offense; if a licensee, the
Council will suspend the license issued to the licensee under this Chapter.
10. Disposition of Penalties. All penalties collected pursuant to this Chapter shall be paid to
the CityÔs treasurer and will be deposited in the CityÔs general fund.
602.16. VIOLATIONS
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1. Administrative Civil Penalties: Individuals. Any person in the employ of a licensee who
sells any intoxicating liquor, 3.2% malt liquor, or wine to a person under the age of twenty-one
(21) years is subject to an administrative penalty; and any person under the age of twenty-one
(21) years who attempts to purchase any intoxicating liquor, 3.2% malt liquor, or wine from a
licensee is subject to an administrative penalty. The administrative penalties are as follows:
First violation. The penalty for the first violation is $250.00.
Second violation within 12 months. The penalty for the second violation is $500.00.
Third violation within 12 months. The penalty for the third violation is $750.00.
2. Administrative Civil Penalties; Licensee. If a licensee or an employee of a licensee is found
to have sold any intoxicating liquor, 3.2% malt liquor, or wine to a person under the age of twenty-
one (21) years, the licensee shall be subject to an administrative penalty as follows:
First violation. The penalty for the first violation is $500.00 If the fine is not paid within 20
days the City may suspend the license issued to the licensee under this Chapter for a period
not to exceed 10 days
Second violation within 12 months. The penalty for the second violation is $1000.00. If the
fine is not paid within 20 days the City may suspend the license issued to the licensee under
this Chapter for a period not to exceed 30 days.
Third violation within 12 months. The city may permanently revoke the license issued to the
licensee under this Chapter.
3. Defense. It is a defense to the charge of selling intoxicating liquor, 3.2% malt liquor, or
wine to a person under the age of twenty-one (21) years, that the licensee or individual, in making
the sale, reasonably and in good faith relied upon representation of proof of age described in
State Statute Section 340A.503. subdivision 6, paragraph (a).
4. Exemption. A person, no younger than 18 and no older than 20, may be enlisted to assist
in the tests of compliance. The person shall at all times act only under the direct supervision of a
law enforcement officer or an employee of the licensing department, or in conjunction with a
compliance check effort that has been pre-approved by the Fridley Police department. A person
who purchases or attempts to purchase intoxicating liquor, 3.2% malt liquor, or wine while in this
capacity is exempt from the penalties imposed by subdivision A above.
602.17. REVOCATION
The violation of any provision or condition of this Chapter by 3.2% malt liquor licensees or their
agents is ground for revocation or suspension of the license. The license of any person who holds
a federal retail liquor dealer's special tax stamp without a license to sell intoxicating liquors at such
place shall be revoked without notice and without hearing. In all other cases, except where
mandatory revocation is provided by law without notice and hearing and except where suspension
may be made without a hearing, the holder of the license shall be granted a hearing upon at least
ten (10) days notice before revocation or suspension is ordered. The notice shall state the time
and place of hearing and the nature of the charges against the licensee.
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602.18. PENALTIES
Any violation of the provisions of this Chapter is a misdemeanor and is subject to all penalties
provided for such violations under the provisions of Chapter 901 of this Code.
FRIDLEY CITY CODE
CHAPTER 603. INTOXICATING LIQUOR
603.01. DEFINITIONS.
The following definitions shall apply in the interpretation and application of this Chapter and the
following words and terms, wherever they occur in this Chapter, are defined as follows: (Ref 435).
1. Bowling Center/Restaurant (Ref Ord 1223
An establishment under the control of a single proprietor or manager, having a minimum of 20
lanes for the sport of bowling and where, in consideration of payment therefore, the general
public is permitted to participate in the sport of bowling. Such establishment shall have a kitchen
and other facilities to serve meals and where, in consideration of payment therefore, meals are
regularly served at tables to the general public. Such establishment employs an adequate staff
for the usual and suitable service to its guests, and the business of bowling, including sale or rental
of bowling equipment and supplies, for a license year is a minimum of 60% of the total gross sales
of the business.
2.Brew Pub (Ref Ord 1335)
A brew pub is a restaurant attached to a brewery which manufactures fewer than 3,500 barrels of
malt liquor annually. The entire brewing production is solely for the sale and consumption of malt
liquor on tap on the licensed premises or for off-sale from the licensed premises as permitted by
M.S. 340A.24, Subd. 2, and City Code Chapter 610.
3.Church
A building which is principally used as a place where persons of the same faith regularly assemble
for public worship.
4.Floor Area.
All of the floor area of the various floors of a licensed premise measured to the centers of all
partitions, except those areas primarily for non-service purposes including, but not limited to,
dead storage, building management, toilets or restrooms, mechanical equipment rooms and
kitchens. Floor area is used to calculate the license fee.
Banquet facilities used less than five (5) times per week, on the average, are counted at one-half
(1/2) actual size.
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5.Hotel.
Any establishment having a resident proprietor or manager, where, in consideration of payment
therefore, food and lodging are regularly furnished to transients. Such establishment maintains
for the use of its guests not less than 50 guest rooms with bedding and other usual, suitable and
necessary furnishing in each room; is provided at the main entrance with a suitable lobby, desk,
and office for the registration of its guests on the ground floor; employs an adequate staff to
provide suitable and usual service under the same management and control as the rest of the
establishment; and has a kitchen and dining room with a total minimum floor area of 2,000 square
feet where the general public are, in consideration of payment therefore, served meals at tables.
(Ref. 1172)
6. Intoxicating Liquor.
Ethyl alcohol and distilled, fermented, spirituous, vinous, and malt beverages containing in excess
of 3.2% of alcohol by weight.
7.Manufacturer.
Every person who, by any process of manufacturing, fermenting, brewing, distilling, refining,
rectifying, blending, or by the combination of different materials, prepares or produces
intoxicating liquors for sale.
8.OnSale.
The sale of intoxicating liquor by the glass or by the drink for consumption on the premises
only.
9.Restaurant.
Any establishment, other than a hotel or bowling center/restaurant, under the control of a single
proprietor or manager, having kitchen and other facilities to serve meals and where, in
consideration of payment therefore, meals are regularly served at tables to the general public.
Such establishment employs an adequate staff for the usual and suitable service to its guests, and
the business of serving food and/or intoxicating liquors for a license year is a minimum of 40% of
the total gross sales of the business. Vending machines sales shall not be included as food sales
revenue. (Ref. 1223)
10. Sale (Sell).
All barters and all manners or means of furnishing intoxicating liquor or liquors, including those
in violation or evasion of law, and also including the usual dictionary meaning.
11. Wholesale.
Any sale for purposes of resale. The term "wholesale" means any person engaged in the business of
selling intoxicating liquor to retail dealers.
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603.02. LICENSE REQUIRED
No person, except wholesalers or manufacturers to the extent authorized under State License,
shall directly or indirectly deal in, sell, or keep for sale any intoxicating liquor without first having
received a license to do so as provided in this Chapter. No person shall sell any intoxicating liquor
on Sundays without obtaining a separate license for Sunday sales, as required by Minnesota State
Statues. No person shall sell any intoxicating liquor after 1:00 a.m. without obtaining a special
Late Night License Endorsement for an existing liquor license as provided in this Chapter.
On-Sale intoxicating liquor licenses shall only be granted to bowling centers, brew-pubs, hotels
and restaurants, as defined in Section 603.01, where food is prepared and served for consumption
on the premises.
The City Council may, in its sound discretion, authorize a retail on-sale licensee to dispense
intoxicating liquor off the licensed premises at a community festival held within the City pursuant
to the provisions of Minnesota Statutes, Section 340A.404, subd. 4b. The City Council may, in its
sound discretion, authorize a retail on-sale licensee to dispense intoxicating liquor off the licensed
premises at any convention, banquet, conference, meeting, or social affair conducted on the
premises of a sports, convention, or cultural facility owned by the city, pursuant to the provisions
of Minnesota Statutes, Section 340A.404, subd. 4(a); however, the licensee is prohibited from
dispensing intoxicating liquor to any person attending or participating in a youth amateur athletic
event, being held on the premises. A youth athletic event, for the purposes of this section, is
defined as an event whose participants are 18 years of age or younger.
603.03. APPLICATION
Every application for a license to sell intoxicating liquorat on-sale shall be verified and filed with
the City Clerk. In addition to the information which may be required by the State Liquor Control
Commissioner's form, the application shall contain the following information:
1. Whether the applicant is a person, corporation, partnership, or other form of organization.
2. The type of license the applicant seeks.
3. If the applicant is a natural person, the following information:
A. True name, place and date of birth, and street resident address.
B. Whether the applicant has ever used, or been known by, a name other than the applicant's
true name and, if so, what was such name, or names, and information concerning dates and
places where used.
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C. The name of the business if it is to be conducted under a designation, name or style other
than the full individual name of the applicant; in such case a copy of the certification, as
required by Chapter 333, Minnesota Statutes, certified by the Clerk of District Court, shall be
attached to the application.
D. Whether the applicant is married or single. If married, true name, place and date of birth,
and street residence address of applicant's present spouse.
E. Whether applicant and present spouse are registered voters and, if so, where.
F. Street addresses at which applicant and present spouse have lived during the preceding ten
(10) years.
G. Kind, name and location of every business, or occupation, applicant or present spouse have
been engaged in during the preceding ten (10) years.
H. Names and addresses of applicants and spouse's employers and partners, if any, for the
preceding ten (10) years.
I. Whether applicant or spouse, or a parent, brother, sister, or child of either of them has ever
been convicted of any felony, crime or violation of any ordinance, other than traffic. If so, the
applicant shall furnish information as to the time, place and offense for which convictions
were had.
J. Whether applicant or spouse, or a parent, brother, sister, or child of either of them has ever
been engaged as an employee or in operating a saloon, hotel, restaurant, cafe, tavern or
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other business of a similar nature. If so, applicant shall furnish information as to the date,
place and length of time.
K. Whether applicant has ever been in military service. If so, applicant shall, upon request,
exhibit all discharges.
L. The name, address and business address of each person who is engaged in Minnesota in the
business of selling, manufacturing or distributing liquor and who is nearer to kin to the
applicant or spouse than second cousin, whether of the whole or half blood, computed by
the rules of civil law, or who is a brotherinlaw or sisterinlaw of the applicant or the
applicant's spouse.
4. If the applicant is a partnership, the names and addresses of all partners and all information
concerning each partner as is required of a single applicant in Section 603.03.3 above. A managing
partner, or partners, shall be designated. The interest of each partner in the business shall be
disclosed. A true copy of the partnership agreement shall be submitted with the application and,
if the partnership is required to file a certificate as to a trade name under the provisions of Chapter
333, Minnesota Statutes, a copy of such certificate certified by the Clerk of District Court shall be
attached to the application.
5. If the applicant is a corporation or other organization and is applying for an "on-sale" license,
the following:
A. Name, and if incorporated, the state of incorporation.
B. A true copy of the Corporation's Certificate of Incorporation, Articles of Incorporation or
Association Agreement and By-laws, and if a foreign corporation, a Certificate of Authority
as described in Chapter 303, Minnesota Statutes.
C. The name of the manager or proprietor or other agent in charge of the premises to be
licensed, giving all the information about said person as is required of a single applicant in
Section 603.03.3.
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D. Notwithstanding the definition of interest as given in Section 603.08, the application shall
contain a list of all persons who, singly or together with their spouse, or a parent, brother,
sister or child or either of them, own or control an interest in said corporation or association
in excess of 5% or who are officers of said corporation or association, together with their
addresses and all information as is required of a single applicant in Section 603.03.3.
6. The exact legal description of the premises to be licensed together with a plot plan of the area
showing dimensions, locations of buildings, street access, parking facilities and the locations of
distances to the nearest church building and school grounds.
7. The floor number and street number where the sale of intoxicating liquors is to be conducted
and the rooms where liquor is to be sold or consumed. An applicant for an "on-sale"' license shall
submit a floor plan of the dining room, or dining rooms, which shall be open to the public, shall
show dimensions and shall indicate the number of persons intended to be served in each of said
rooms.
8. If a permit from the Federal government is required by the laws of the United States,
whether or not such permit has been issued, and if so required, in what name issued and the
nature of the permit.
9. The amount of the investment that the applicant has in the business, building, premises,
fixtures, furniture, stock in trade, etc., and proof of the source of such money.
10. The names and addresses of all persons, other than the applicant, who have any financial
interest in the business, buildings, premises, fixtures, furniture, stock in trade; the nature of such
interest, amount thereof, and terms for payment or other reimbursement. This shall include, but
not be limited to, any lessees, lessors, mortgagees, lenders, lienholders, trustees, trustors, and
persons who have co-signed notes or otherwise loaned, pledged, or extended security for any
indebtedness of the applicant.
11. The names, residences and business addresses of three (3) persons, residents of the State of
Minnesota, of good moral character, not related to the applicant or financially interested in the
premises or business, who may be referred to as to the applicant's character or, in the case
where information is required of a manager, the manager's character.
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12. Whether or not all real estate, special assessments, and personal property taxes for the
premises to be licensed which are due and payable have been paid, and if not paid, the years and
amounts which are unpaid.
13. Whenever the application for an "on-sale" license to sell intoxicating liquor, or for a transfer
thereof, 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. (Ref. 579)
14. Whenever the applicant for an "on-sale" license to sell intoxicating liquor is made for a
proposed or existing establishment, the following items are to be provided with the application:
A. Site plans of the premises indicating property and building location, parking area,
landscaping and screening. Minimum parking requirements are to be a ratio of one (1) ten
by twenty (10 x 20) foot parking stall for every three (3) seats of total seating capacity.
B. Plans and specifications for the proposed establishment of for enlargement, alteration or
extension of an existing establishment, showing floor plans with total seating capacity.
15. Other requirements are:
A. All plans and specifications must be reviewed and approved by the Building Inspection
Department before issuance of building permit. (Ref. 579)
B. Such other information as the City Council shall reasonably require.
603.04. EXECUTION OF APPLICATION
If the application is by a natural person, it shall be signed and sworn to by such person; if by a
corporation, by an officer thereof; if by a partnership, by one of the partners; if by an
unincorporated association, by the manager or managing officer thereof. If the applicant is a
partnership, the application, license and insurance policy shall be made and issued in the name of
all partners.
603.05. FEES
1. The annual license fee and expiration date shall be as provided in Chapter 11 of this Code.
2. The annual license fee shall be paid in full before the applicant for a license is accepted. All
fees shall be paid into the General Fund of the City. Upon rejection of any application for a
license, or upon withdrawal of application before approval of the issuance by the City Council,
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the license fee shall be refunded to the applicant except where rejection is for a willful
misstatement in the license application.
3. The fee for an "on-sale" license granted after the commencement of the license year shall be
pro-rated on a monthly basis.
4. The fee may be paid in two installments if the license is for a full twelve (12) month period.
The first half of the fee shall be due and payable with the original application. For a renewal license
fee, the fee will be paid with the renewal application sixty (60) days prior to the expiration of the
existing license in 'accordance with Section 603.07.02. The second half shall be due and payable
by September 30 of each year. If the fee is not received in accordance with this section, the
nonpayment would be cause for immediate and automatic suspension. (Ref. 993)
5. When the license is for premises where the building is not ready for occupancy, the time fixed
for computation of the license fee for the initial license period shall be ninety (90) days after
approval of the license by the City Council or upon the date the building is ready for occupancy,
whichever is sooner.
6. No transfer of a license shall be permitted from place to place or person to person without
complying with the requirements of an original application, except as provided by Section
603.05.9 and except where a new application is filed for a transfer of license from place to place
and is for premises where the building was not ready for occupancy at the time of the original
application and the new application is filed within ninety (90) days after approval of the original
license by the City Council but before a Certificate of occupancy for the original location has been
issued, no additional license fee is required and the investigating fee shall be as specified in
Section 603.05.8. (Ref. 579)
7. No part of the fee paid for any license shall be refund (1, except in accordance with this
Section.
8. At the time of each original application for a license, the applicant shall pay in full an
investigating fee. For a single person, the investigating fee shall be $200.00. For a corporation,
company, partnership or other association, the investigation fee shall be $400.00. No
investigating fee shall be refunded.
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9. At any time that an additional investigation is required because of a change in ownership or
control of a corporation or because of an enlargement, alteration, or extension of premises
previously licensed, or because of a transfer from place to place which transfer comes within the
exception expressed in 603.05.5, the licensee shall pay an additional investigating fee in the
amount of $50.00.
10. Where a. new application is filed as a result of incorporation by an existing licensee and the
ownership control and interest in the license are unchanged, no additional license fee will be
required.
11. Where approval has been granted as provided by this Chapter, for the transfer of a license
from person to person and where the successor licensee has paid the fee for the balance of the
license year, then the transferring license holder shall have refunded to it on a pro-rata basis, that
portion of the license fee which represents the unused portion of the license year. However, this
provision does not prevent the City from charging to the successor license holder an additional
investigation fee as provided in Section 603.05.07.
603.06. SUNDAY LIQUOR SALES
The annual license fee for "Sunday Liquor Sales" shall be provided in Chapter 11. The annual fee
for a license endorsement for late hour liquor sales after 1:00 a.m., but before 2:00 a.m. shall be
provided in Chapter 11. This fee is in addition to the fee charged for an "On-Sale" license. All
provisions of this Chapter pertaining to the "On-Sale" license shall apply to the "Sunday Liquor
Sales" license, and the Late Night License Endorsement insofar as practicable.
603.07. GRANTING OF LICENSES
1. Initial Licenses
A. Upon receipt of a complete application, the City Clerk shall forward the application to the
Public Safety Director, or Director's designee, for verification and investigation of the facts
set forth in the application. The Director or their designee shall complete such
investigation and make a written recommendation and report to the City Clerk. The report
shall include a list of all violations of any federal, state or municipal law.
B. After receipt of the written report, the City Clerk shall forward the application to the Fire
Department and Building Inspections Department for their review and comment.
C. Within twenty (20) days after the receipt of the DirectorÔs written report, the City Clerk shall
cause to be published a Notice of Public Hearing regarding the license application in the
official newspaper at least ten (10) days in advance of the public hearing. The Notice shall
include the date, time and place of the public hearing, the name of the applicant, the
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address of the premises to be licensed, and the nature of the business. The City Clerk shall
prepare a written report to the City Council for the public hearing which shall include the
Director's report and any comments the Fire and Building Inspections Departments may
have. An application for a temporary on-sale intoxicating liquor license shall be exempt
from the public hearing requirement.
D. At the time of the public hearing, opportunity shall be given to any person to be heard for
or against the granting of the license. If additional information is required, the City Council
may conduct an additional hearing, as it may deem advisable, within a reasonable amount
of time. The City Council may thereafter grant or deny the application in its discretion.
E. The City Clerk shall, within ten (10) days after the issuance of any license under this Chapter,
submit the required documentation to the Commissioner of Public Safety. The City Clerk
shall also submit to the Commissioner of Public Safety any change of address, cancellation
or revocation of any license by the City Council during the license period.
F. Each license is issued to the applicant at the premises described in the application. No
license may be transferred to another person or to another location.
G. Where a license is granted to a premises where the building is under construction or
otherwise not ready for occupancy, the City Clerk shall not issue the license until a
Certificate of Occupancy has been issued. The Building Inspection Department shall notify
the City Clerk that the Certificate of Occupancy has been issued and the building is ready
for occupancy.
2. Renewal Licenses
A. Applications for the renewal of an existing license shall be made at least 60 days prior to the
date of the expiration of the license and shall be made in such abbreviated form as the City
Council may approve. If, in the judgment of the City Council, good and sufficient cause is
shown by an applicant for their failure to file for a renewal within the time provided, the City
Council may, if the other provisions of this Chapter are complied with, grant the application.
A review shall be made of all facts set out in the application. The City Council shall grant or
refuse the application at it discretion.
B. At the earliest practicable time after application is made for a renewal of an "onsale"
license and in any event prior to the time that the application is approved by the City
Council, the applicant shall file with the City Clerk a statement made by a certified public
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accountant that shows the total gross sales and the total food sales of the restaurant for the
twelve (12) month period immediately preceding the date for filing renewal applications. A
foreign corporation shall file a current Certificate of Authority.
C. Each license holder shall be given written notice, by mail, at least ten (10) days but not more
than thirty (30) days before the City Council acts upon their license renewal. This notice shall
be in a form as designated by the City Clerk and shall specify the date and time when the
renewal application will be considered by the City Council. The license holder shall be
permitted an opportunity to address the City Council on its license renewal application. (Ref.
807)
603.08. PERSONS INELIGIBLE
No license shall be granted or held by any person:
1. Under twenty-one (21) years of age. (Ref. 910)
2. Who is not of good moral character and repute. If the applicant has been an owner, manager
or employee of a saloon, hotel, restaurant, cafe, tavern or other business of a similar nature, the
City Council may consider the applicant's past performance record in determining whether a
license shall be granted or renewed. (Ref. 579)
3. Who, if an individual, is an alien.
4. Who has been convicted, within 15 years prior to the application of such license, of any willful
violation of any law of the United States, the State of Minnesota, or any other state or territory, or
of any local ordinance regarding the manufacture, sale, distribution or possession for sale or
distribution of intoxicating liquor, or whose liquor license has been revoked for any willful violation
of any law or ordinance.
5. Who is a manufacturer or wholesaler of intoxicating liquor with the exception of a brew pub.
No manufacturer or wholesaler shall either directly or indirectly own or control or have any
financial interest in any retail business selling intoxicating liquor. (Ref 1335)
6. Who is directly or indirectly interested in any other establishment in the City of Fridley to which
an "onsale" license has been issued under this Chapter.
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a. 7. Who, if a corporation, does not have a manager who is eligible pursuant to the
provisions of this Section.
8. Who is the spouse of a person ineligible for a license pursuant to the provisions of Subdivisions
4, 5, or 6 of this Section or who, in the judgment of the City Council, is not the real party in interest
or beneficial owner of the business operated, or to be operated, under the license.
The term "interest" as used in this Section includes any pecuniary interest in the ownership,
operation, management or profits of a retail liquor establishment, but does not include bona fide
loans; bona fide fixed sum rental agreements; bona fide open accounts or other obligations held
with or without security arising out of the ordinary and regular course or business of selling or
leasing merchandise, fixtures or supplies to such establishment; or an interest of ten per cent
(10%) or less in any corporation holding a license. A person who receives monies from time to
time directly or indirectly from a licensee, in the absence of a bona fide consideration therefor
and excluding bona fide gifts or donations, shall be deemed to have a pecuniary interest in such
retail license. In determining "bona fide" the reasonable value of the goods or things received as
consideration for any payment by the licensee and all other facts reasonably tending to prove or
disprove the existence of any purposeful scheme or arrangement to evade the prohibitions of this
Section shall be considered.
603.09. PLACES INELIGIBLE
1. No license shall be granted or renewed for operation on any premises on which financial
claims of the State are due, delinquent or unpaid. (Ref. 993)
2. Except for those organization which are applying for a temporary license to sell on-sale
intoxicating liquor pursuant to Section 603.24, no license shall be granted for premises located
within 400 feet of a public school or of any church, the distance to be measured in a straight line
from the nearest point of building to building, excepting the existing on-sale municipal
establishments at the time of the enactment of this Chapter. The erection of a public school or
church within the prohibited area after an original application has been granted shall not, in and
of itself, render such premises ineligible for renewal of the license.
3. No license shall be issued for the premises owned by a person to whom a license may not be
granted under this Chapter.
4. No "on-sale" license shall be granted for a brew pub, restaurant or hotel that does not have a
minimum total building area of 5,000 square feet, with a minimum kitchen and dining area of
2,000 square feet and with a minimum seating capacity that is open to the general public of 130.
(Ref. 579, 1335)
603.10. CONDITIONS OF LICENSE
Every license shall be granted subject to the condition of all Sections of this Chapter and of any
other applicable provision of this Code or State law, including the following:
1. The license shall be posted in a conspicuous place in the licensed establishment at all times.
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2. Licensees shall be responsible for the conduct of their place of business and the conditions of
sobriety and order in the place of business and on the premises.
3. No "on-sale" licensee shall sell intoxicating liquor "off-sale" with the exception of a brew
pub. (Ref 1335)
4. No license shall be effective beyond the space named in the license for which it was granted
.
5. No intoxicating liquor shall be sold or furnished or delivered to any intoxicated person, to any
habitual drunkard, to a person under twentyone (21) years of age, or to any person to whom sale
is prohibited by State law. (Ref. 910)
6. No person under eighteen (18) years of age shall be employed in a room where sales are
made, except that persons under eighteen (18) years of age may be employed as musicians,
busboys and dishwashers. (Ref. 579)
7. No licensee shall keep, possess, operate or permit the keeping, possession, or operation of
any dice, video game of chance, or gambling device including slot machines, roulette wheels,
punchboards, and pin ball machines which return coins or slugs, chips, or tokens or any kind which
are redeemable in merchandise, cash or other item of value on the licensed premises. Pull-tabs
and other expressly authorized forms of legal gambling may be conducted on licensed premises
when such activity is licensed by the State pursuant to Minnesota Statute, Chapter 349, and
conducted pursuant to the regulations contained in this City Code.
8. Licensees shall not knowingly permit the licensed premises or any room in those premises or
any adjoining building directly or indirectly under their control to be used as a resort for
prostitutes.
9. No equipment or fixture in any licensed place shall be owned in whole or in part by any
manufacturer or distiller of intoxicating liquor, except such as shall be expressly permitted by State
law.
10. Any police officer, or any properly designated officer or employee of the City shall have the
right to enter, inspect and search the premises of the licensee during the business hours without
a warrant.
11. No licensee shall sell, offer for sale, or keep for sale, intoxicating liquors in any original package
which has been refilled or partially refilled. No licensee shall directly or through any other person
delete or in any manner tamper with the contents of any original package so as to change its
composition or alcoholic content while in the original package. Possession on the premises by the
licensee of liquor in the original package differing in composition or alcoholic content in the liquor
when received from the manufacturer or wholesaler from whom it was purchased, shall be prima
facie evidence that the contents of the original package have been diluted, changed or tampered
with.
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12. No "onsale" liquor establishment shall display liquor to the public during hours when the sale
of liquor is prohibited by the Chapter.
13. No licensee shall apply for or possess a Federal Wholesale Liquor Dealers special tax stamp or
a Federal Gambling stamp, with the exception of a brew pub. (Ref 1335)
14. No licensee shall keep ethyl alcohol or neutral spirits on any licensed premises or permit their
use on the premises as a beverage or mixed with a beverage.
15. The business records of the licensee, including Federal and State tax returns, shall be available
for inspection by the City Manager, or other duly authorized representative of the City or the City
Council, at all reasonable times.
16. Changes in the corporate or association officers, corporate charter, articles of incorporation,
by-laws, or partnership agreement, as the case may be, shall be submitted to the City Clerk within
thirty (30) days after such changes are made. Notwithstanding the definition of interest as given
in Section 603.08, in the case of a corporation, the licensee shall notify the City Clerk when a
person not listed in the application acquires an interest which, together with that of spouse,
parent, brother, sister, or child, exceeds 5%, and shall give all information about said person as is
required of a person pursuant to the provisions of Section 603.03.3.
17. At the time licensees submit their applications for renewal of a license, they shall list all direct
or indirect contributions made to or on behalf of a candidate for Fridley City Councilperson or
Mayor, including, but not limited to, Candidates, Committees, Volunteer Committees, etc., for all
City elections within the last 365 days.
18. A brew pub and restaurant shall be conducted in such a manner that, of that part of the
total business attributable to or derived from the serving of foods and intoxicating liquors, a
minimum of 40% of the business for a license year is from the serving of food prepared on site
and not from vending machines. A hotel shall be conducted in such a manner that, of that part
of the total business attributable to or derived from the serving of foods and intoxicating liquors
a minimum of 40% of the business for a license year is from the serving of food prepared on site
and not from vending machines. A bowling center/restaurant shall be conducted in such a
manner that, of that part of the total business attributable to or derived from the sale of food
and intoxicating liquors, a minimum of 30% of the gross sales of the food and liquor is from the
serving of food prepared on site and not from vending machines.
19. At the time of application for renewal of application of an Ñon-sale" license, the applicant
shall submit proof to the City that the minimum percentage provided above in Section 603.10.18
of the gross sales, derived from the sale of food and intoxicating liquors of the establishment,
for which the "on-sale" license is to be used, is in the serving of food.
A. Late Night License Endorsement
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In addition to any other reporting requirement that may be imposed by the municipal code,
any licensee holding a Late Night License Endorsement shall also provide proof to the city
that the minimum percentage provided in Section 603.10.18 of the gross sales, derived from
the sale of food and intoxicating liquors of the establishment, for which the Ñon-saleÒ license
is to be used, is in the serving of food. ÑProofÒ for purposes of this section, shall consist of
not less than a statement of accuracy, attested to by a certified public accountant,
accompanying a verifiable, semiannual report of sales receipts based upon acceptable and
recognized accounting and bookkeeping standards. Separate statements are required for a
license renewal and the renewal of any Late Night License Endorsement to that license.
20. No licensee shall hold events which are exclusively for persons under the age of 21 except
social functions that are held in a portion of the establishment where liquor is not sold. Social
functions that are held in a portion of the brew pub or restaurant where liquor is not sold shall be
limited to persons age 18 and older.
21. No licensee shall permit any person under the age of 18 to enter a licensed establishment
except for the purpose of consuming meals or performing work for the establishment, or in the
case of bowling centers, for the purpose of bowling and related activities, unless accompanied by
a parent or guardian.
22. No licensee shall permit in any licensed establishment, or any adjoining property owned or
leased by the licensee, any boxing, wrestling, or any other form of entertainment whose primary
purpose is physical contact by striking or touching an opponent with hands, head, feet, or body.
Team sports in which physical contact is incidental to the primary purpose of the game such as
basketball, volleyball, soccer, football, baseball, hockey, and softball are not included among
activities prohibited by this section.
23. No licensee shall use or permit to be used any playing cards on the licensed premise except
that playing cards may be used during a tournament of a social skill card game as defined by
Minnesota Statute 609.761, subdivision 3, and conducted pursuant to regulations contained
therein and this city code.
A. Social Skill Card Game Tournament
(1) A social skill card game tournament means one separate and distinct organized
contest involving contestants who compete in a series of elimination card games of
social skill as defined by Minnesota Statute 609.761, subd. 3.
(2) No licensee shall permit or conduct more than one social skill card game tournament
at any one time on the licensed premise or any adjoining property owned or leased by
the licensee and no social skill card game tournament shall be permitted or conducted
except during the normal hours of operation of the licensed premise.
(3) No licensee shall charge or permit to be charged, to either participants or spectators
of a social skill card game tournament, a price for consumer goods which is higher
than the price that is normally charged.
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(4) No licensee shall permit wagers in a social skill card game tournament to be made with
currency or any other thing of value except tournament chips or tokens. Tournament
chips or tokens shall represent tournament points only and shall have no cash value
or be redeemable for cash or for any other thing of value, except the point total
represented by the playersÔ accumulation of tournament chips or tokens shall be used
to determine winners and/or final place in a tournament.
(5) No licensee shall permit players or spectators to make any side bets or back bets, or
engage in any other form of gambling, at a social skill card game tournament.
(6) No licensee shall permit the aggregate amount or fair market value of prizes offered
or given in any single social skill card game tournament to exceed $200 and no licensee
shall award or permit to be awarded prizes exceeding a $200 value to any one social
skill card game tournament participant on any one day.
(7) No licensee shall award or permit to be awarded any prize consisting of intoxicating
liquor, beer, or wine, or certificate for future consideration of same, in a social skill card
game tournament.
(8) No person, partnership, corporation, or other organization, other than the licensee,
shall conduct or be permitted to conduct a social skill card game tournament on a
licensed premise without first having obtained a tournament service provider license
pursuant to this Chapter.
B. Social Skill Card Game Tournament Service Provider
(1) A person, partnership, corporation, or other organization, other than the licensee, who
conducts, organizes supplies or promotes a social skill card game tournament on a
premise licensed under this Chapter, is a social skill card game tournament service
provider.
(2) No person, partnership, corporation, or other organization shall act as a social skill card
game tournament service provider without first having obtained a license to do so from
the City Council.
(3) All applications for tournament service provider licenses shall be made to the City
setting forth all information necessary to show whether or not the person, partnership,
corporation, or other organization qualifies for such a license under this Chapter,
together with such additional information as may be required by the City Council. A
completed application form must include the full true names, dates of birth, social
security numbers and addresses of all persons financially interested in the business
and/or all persons who are either on the Board of Directors of or hold offices in the
entity or organization. The term Ñpersons financially interested in the businessÒ shall
include all persons who share in the profits of the business.
(4) All applications for a license shall be referred to the Public Safety Director for
verification and investigation of the facts set forth in the application. The Public Safety
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Director shall cause to be made such investigation of the information requested as
shall be necessary and shall make a written recommendation and report to the City
Council which shall include a list of all violations of Federal or State law or Municipal
ordinance. The City Council may order and conduct such additional investigation as it
shall deem necessary. In making a determination of suitability for a tournament service
provider license, the City Council shall consider the background of each person,
partner, corporate officer or individual applicant.
(5) No license shall be granted or held by any person who has been convicted, within 15
years prior to the application of such license, of any felony violation of any law of the
United States, the State of Minnesota, or any other state or territory, or of any local
ordinance involving or related to theft or gambling.
(6) The annual license fee and expiration date shall be as provided in Chapter 11 of this
Code.
603.11. HOURS OF OPERATION
1. No sale of intoxicating liquor for consumption on the licensed premises may be made between
1:00 a.m. and 8:00 a.m. on the days of Monday through Sunday. No sale may between the hours
of 8:00 p.m. December 24th and 8:00 a.m. on December 26th without a Holiday Endorsement.
A. Holiday Endorsement. If an establishment holds a 3.2% malt liquor and a wine license,
they may apply for one Holiday Endorsement to cover both licenses.
B. The Holiday Endorsement enables the establishment to remain open on Monday through
Saturday between the hours 8:00 a.m. on December 24th and 1:00 a.m. on December 25th
and 8:00 a.m. on December 25th and 1:00 on December 26th. Should December 24th,
25th or 26th fall on a Sunday, the establishment may not sell, provide or allow the
consumption of liquor until 10:00 a.m. or until such other time as defined by Minnesota
Statutes.
C. Those establishments which also hold a Late Night Endorsement as defined in Section
603.11.2 of the Fridley City Code may remain open until 2:00 a.m. on December 25th and
26th.
2. It shall be unlawful for any persons or customers, other than the licensees or their employees
to remain on the premises after 1:30 a.m. There shall be no consumption by any persons, including
the licensees and their employees, after 1:30 a.m.
2. Notwithstanding the foregoing, a sale of intoxicating liquor for consumption may occur on a
licensed premises between the hours of 1:00 a.m. and 2:00 a.m. if the licensee has been granted
by the city a Late Night License Endorsement for that license. No sale of intoxicating liquor for
consumption on any licensed premises for which a late Night License Endorsement has been
granted by the city shall occur between 2:00 a.m. and 8:00 a.m. on the days of Monday through
Saturday. It shall be unlawful for any persons or customers, other than the licensees or their
employees, to remain on a licensed premises for which a Late Night License Endorsement has
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been granted by the city, nor shall there be any consumption by any persons, including the
licensees and their employees on such premises, more than one-half hour after closing of
operations for that day and, in no event, later than 2:30 a.m.
603.12. HOTELS
No sale of intoxicating liquor shall be made to, or in, guest rooms of hotels unless the following
conditions exist:
1. The rules of such hotel provide for the service of meals in guest rooms;
2. The sale of such intoxicating liquor is made in the manner required for "on- sale";
3. Such sale accompanies and is incident of the regular service of meals to guests therein; and,
4. The rules of such hotel and the description, location, and number of such guest rooms are
fully set out in the application for a license.
603.13. RESTRICTIONS INVOLVING MINORS
1. No licensees, their agents or employees shall serve or dispense upon the licensed premises
any intoxicating liquor or non- intoxicating malt liquors to any person under twenty-one (21) years
of age; nor shall such licensees, or their agents or employees, permit any person under twenty-one
(21) years of age to be furnished or consume any such liquors on the licensed premises. (Ref. 910)
2. Persons under twenty-one (21) years of age shall not misrepresent their age for the purpose
of obtaining intoxicating liquor or non- intoxicating malt liquor; nor shall they enter any premises
licensed for the retail sale of intoxicating liquor, or non- intoxicating malt liquor, for the purpose
of purchasing or having served or delivered to them for consuming any such intoxicating liquor
or beer; nor shall they purchase, attempt to purchase, consume, or have another person purchase
for them any intoxicating liquor or beer.
3. No person shall induce a person under twenty-one (21) years of age to purchase or procure
or obtain intoxicating liquor or 3.2% malt liquor. This Section shall not prohibit the use of a
person under the age of twenty-one (21) years to attempt to purchase or procure any intoxicating
liquor, 3.2% malt liquor, beer or wine from a licensee in a test of compliance under the direct
supervision of a law enforcement officer or an employee of the licensing department, or in
conjunction with a compliance check effort that has been pre-approved by the Fridley Police
Department.
4. Any person who may appear to licensees, their employees or agents to be a minor shall, upon
demand of the licensees, their employees or agents, produce and permit to be examined a valid
driver's license or a current nonqualification certificate issued pursuant to Minnesota Statutes,
Section 340.039.
5. In every prosecution, for a violation of the provisions of this Chapter relating to the sale or
furnishing of intoxicating liquor or non- intoxicating malt beverage to a person under twenty-one
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(21) years of age, and in every proceeding before the City Council with respect thereto, the fact
that the person under twenty-one (21) years of age involved has obtained and presented to the
licensees, their employees or agents, a verified identification card from which it appears that said
person was twenty-one (21) years of age and was regularly issued such identification card, shall
be prima facie evidence that the licensees, their agents or employees are not guilty of a violation
of such a provision and shall be conclusive evidence that a violation, if one has occurred, was not
willful or intentional.
6. Persons who may appear to the licensees, their employees or agents to be under twentyone
(21) years of age and who do not have in their possession any identification certificate as above
described, may sign and execute a statement in writing as follows:
READ CAREFULLY BEFORE SIGNING
It shall be unlawful for persons to misrepresent or misstate their age, or the age of any
other person for the purpose of inducing any licensee, their employee or agent, or any licensee,
or any employee of any municipal liquor store, to sell, serve or deliver any alcoholic or non
intoxicating malt liquor beverage to a person under twentyone (21) years of age. It is also unlawful
for persons under twentyone (21) years of age to have in their possession any intoxicating liquor
with intent to consume the same at a place other than the household of their parent or guardian.
Any person who shall violate any of the foregoing provisions of law shall be punished
accordingly.
VIOLATION OF THE ABOVE MINNESOTA LAW IS A MISDEMEANOR PUNISHABLE BY A FINE OF
$700.00 OR A 90 DAYS WORKHOUSE SENTENCE, OR BOTH.
My age is ___. Date of Birth __________ Place of Birth _____________________________
My address is ____________________________________________________________________________
Dated: ________________Type of Identification, if any_______________________________
Witness _____________________________________________________________________________
Signed _____________________________________________________________________________
The above form shall be furnished at the expense of all licensees desiring to use the same and
when properly executed may be considered as evidences in any prosecution and by the City
Council in any proceeding before the Council or a committee thereof relating to the business or
operations of the licensee. Such forms after execution shall be kept on file by the licensee for a
period of one (1) year. (Ref. 910)
603.14. OTHER RESTRICTIONS ON PURCHASE OR CONSUMPTION
1. No person shall give, sell, procure or purchase intoxicating liquors to, or for, any person to
whom the sale of intoxicating liquor is forbidden by law.
2. No person shall mix or prepare intoxicating liquor for consumption, or consume, in any public
place not licensed in accordance with the ordinances and laws of the City of Fridley and the State
of Minnesota.
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3. No intoxicating liquor shall be sold or consumed on a public highway or in an automobile.
603.15. BONDS
1.Each application for an "onsale", "off-sale" liquor license or "onsale" wine license shall be
accompanied by a surety bond in the amount of $3,000.00 running to the City of Fridley, or in lieu
thereof, cash or United State Government bonds of equivalent market value, as provided in
Minnesota Statutes, Section 340.12. The bond shall be in effect for the period covered by the
license.
2. The bond's conditions are as follows:
A. The licensee will obey the laws relating to the licensed business.
B. The licensee will pay to the City, when due, all taxes, licenses, penalties, and other charges.
C. In the event of any violation of any liquor laws, the bond shall be forfeited to the City, as
obligee.
3. Bonds for "onsale" licenses shall be filed with the City Clerk and approved by the City Council.
Bonds for "offsale" licenses and "onsale" wine licenses shall be filed with the City Clerk and
approved by the City Council and the Commissioner of Public Safety.
4. All bonds shall be for the benefit of the City, as obliges, and all persons suffering damages by
reason of the violation of the conditions of 603.15.2. Upon forfeiture of the bond for violation of
the law, the District Court of Anoka County may forfeit the bond's penal sum or any part thereof
to the City.
5. Operation of a licensed business without having on file at all times with the City of Fridley
effective security as required above shall be grounds for immediate revocation of the license. (Ref.
807)
603.16. LIABILITY INSURANCE
1. Every person licensed to sell at retail intoxicating liquor or nonintoxicating malt liquor at
onsale or offsale or onsale wine shall, after August 1, 1983, demonstrate proof of financial
responsibility with regard to liability imposed by Minnesota Statutes, Section 340.95, to the City
Clerk as a condition of the issuance or renewal of his or her license. Proof of financial responsibility
may be given by filing:
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A. A certificate that there is in effect an insurance policy or pool providing the following
minimum coverages:
(1) $50,000 because of bodily injury to any one person in any one occurrence, and,
subject to the limit for one person, in the amount of $100,000 because of bodily
injury to two or more persons in any one occurrence, and in the amount of $10,000
because of injury to or destruction of property of others in any one occurrence.
(2) $50,000 for loss of means of support of any one person in any one occurrence, and,
subject to the limit for one person, $100,000 for loss of means of support of two or more
persons in one occurrence; or
B. A bond of a surety company with minimum coverages as provided in clause (A) above, or
C. A certificate of the State Treasurer that the licensee has deposited with the State Treasurer
$100,000 in cash or securities which may legally be purchased by savings banks or for trust
funds having a market value of $100,000.
2. A liability insurance policy required by Section 603.16.1 shall provide that it may not be
canceled for any cause, either by the insured or the insurance company without first giving ten
(10) days notice to the City of Fridley in writing of the intention to cancel it, addressed to the City
Clerk of the City of Fridley.
3. A liability insurance policy required by Section 603.16.1 shall provide that the insurance
company agrees to contact the City of Fridley in writing and addressed to the City Clerk of the
City of Fridley, within ten (10) days of any claim made against the policy.
4. A liability insurance policy required by Section 603.16.1 that contains annual aggregate limits
of liability shall require the insured to buy additional coverage after any claim is made that reduces
the coverage under the policy below the requirements of Section 603.16.1.
5. The operation of a retail intoxicating or non-intoxicating malt liquor business at on- sale or
off-sale or on-sale wine, without having on file at all times with the City of Fridley the liability
insurance policy or other evidence of financial responsibility required under Section 603.16.1
shall be grounds for immediate revocation of the license. Notice of cancellation of a current
liquor liability policy serves as notice to the licensee of the impending revocation and unless
evidence of compliance with the financial responsibility requirements of Section 603.16.1 is
presented to the City Clerk before the termination is effective, the license will be revoked
instantly upon the lapse.
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6. The City Clerk shall submit the provided proof of financial responsibility to the Commissioner
of Public Safety.
603.17. SUSPENSION OR REVOCATION
The City Council may suspend or revoke any license for the sale of intoxicating liquor for the
violation of any provision or condition of this Chapter or of any State law or Federal law regulating
the sale of intoxicating liquor, and shall revoke such license for any willful violation which, under
the laws of the State is grounds for mandatory revocation, and shall revoke for failure to keep the
insurance required by this Chapter in full force and effect.
603.18. NOTICE
Except in the case of suspension pending a hearing or immediate revocation for failure to have
on file at all times with the City the liability insurance policy or other evidence of financial
responsibility required under Sections 603.15 and 603.16, a revocation or suspension by the
Council shall be preceded by written notice to the licensee and a public hearing. The 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 licensee. The Council may, without any notice, suspend any license
pending a hearing on revocation for a period not exceeding 30 days. The notice may be served
upon the licensee personally or by leaving the same at the licensed premises with the person in
charge thereof. No suspension shall exceed 60 days.
603.19. ALTERATION OF PREMISES
Proposed enlargement, alteration or extension of premises previously licensed shall be reported
to the City Clerk at or before the time application is made for a Building Permit for any such
change.
603.20. MANAGERIAL LICENSE
1. No person shall work as a manager of a premises licensed under this Chapter, and no licensee
shall permit any such person to be so employed, unless such person, within seven (7) days after
first being so employed, shall apply for a license to engage in such business. No persons may be
so employed for any length of time if their license is denied or revoked.
2. An application for such license shall be filed with the City Clerk upon forms provided by the
City and such application shall be verified under oath and shall contain the following information:
A. The names and addresses of two (2) residents of the State of Minnesota, who have known
the applicant for a period of two (2) years and who will vouch for the sobriety, honesty, and
general good character of the applicant.
B. A concise history of the applicant's previous employment.
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C. The record, if any, of arrests and of convictions for crimes and misdemeanors other than
traffic offenses.
3. The annual license fee and expiration date shall be provided in Chapter 11 of this Code.
Application for renewal of an existing license shall be made at least 15 days prior to the date of
the expiration of the license on such form as the City Council may approve.
4. The application shall be referred to the Police Department which shall investigate the facts set
forth in the application and make a written report thereon at the earliest practicable time. If the
Police Department recommends that such person be licensed, the City Clerk shall issue the license
forthwith. If the Police Department makes a recommendation that the license not be issued, the
applicant, upon request, shall be entitled to a hearing before the City Council and may offer
evidence to prove the license should be issued.
5. No persons shall be issued a license if it appears that they had committed an act which is a
willful violation of Minnesota Statutes Sections 340.07 through 340.40.
6. Any license issued hereunder may be revoked for any violation of this Chapter or of Minnesota
Statutes Sections 340.07 through 340.40 or for conviction of any crime or misdemeanor involving
moral turpitude.
603.21. AUTHORIZATION TO ISSUE "ON-SALE" WINE LICENSES
The City is hereby authorized to issue "on-sale" wine licenses pursuant to authority of Minnesota
Statutes. Licenses may be issued to "restaurants" as defined above.
603.22. WINE LICENSE
1. No person operating a restaurant shall sell or permit to be sold on said premises any wine
without having been issued either an "On-Sale Wine License" or an "On-Sale Intoxicating Liquor
License". An "On-Sale Wine License" permits only the "on-sale" of wine not exceeding 14 percent
(14%) alcohol by volume in conjunction with the sale of food.
2. The annual license fee and expiration date for "On-Sale Wine Licenses" shall be provided in
Chapter 11 of this Code.
3. No wine license shall be issued to any restaurant having seating capacity of less than fifty (50)
persons.
4. The provisions of Sections 603.01 to 603.21 above shall apply to "OnSale Wine Licenses"
insofar as practicable, as they relate to:
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Definitions: Applications; Granting of Licenses; Persons and Places Ineligible;
Conditions of License; Hours of Operation; Restrictions Involving Minors; Other
Restrictions on Purchase or Consumption; Bonds; Liability Insurance; Notice and
Hearing on Suspension or Revocation of License; Alteration of Premises; and
Penalties.
603.23. SALE OF INTOXICATING MALT LIQUOR (Ref Ord 1248)
A licensee who has been issued an on-sale 3.2% malt liquor license and an on-sale wine license
may sell intoxicating malt liquor whose gross receipts are at least 60 percent attributable to the
sale of food, without an additional license, as allowed by Minnesota Statutes 340A.
At the time for renewal of the application for an on-sale 3.2% malt liquor and wine license, the
applicant shall submit proof to the City in a statement made by a certified public accountant.
The statement shall provide proof of the total gross sales, the total gross malt liquor and wine
sales, and the total gross food sales of the restaurant for the twelve (12) month period
immediately preceding the date for filing renewal applications. The statement shall also provide
proof that a minimum of 60% of the total gross sales shall be attributable to the sale of food
prepared on-site and not from vending machines.
603.24. TEMPORARY LICENSES
1. The City is hereby authorized to issue a temporary on-sale intoxicating liquor "license" to any
club, charitable, religious, or non-profit organization which has its principal location within the
City of Fridley and which has been in existence for a period of not less than three (3) years at the
time of making application for this license.; or a political committee registered under Minnesota
Statutes Section 10A.14; or a state university. This temporary on-sale intoxicating liquor license
shall only be issued for a social event occurring within the City limits sponsored by the licensee.
2. The number of licenses issued by the City Council shall not exceed the number allowed in
Minnesota Statutes Section 340A.404, subd. 10.
3. The license may authorize the on-sale of intoxicating liquor on premises other than premises
which the licensee owns or permanently occupies. Further, the licensee may contract for
intoxicating liquor catering services with the holder of a full year, on-sale intoxicating liquor
license issued by any municipality.
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4. Except in those instances where the license holder contracts for the catering of liquor services
as provided in paragraph 3 above, the licensee shall meet the requirements of Section 603.16.
5. An application for this temporary license must be completed and forwarded by the City Clerk
to the Minnesota Department of Public Safety for their approval. A copy of the application shall
be retained by the City. This application must be made at least thirty (30) days prior to its
requested date. This license shall not be effective unless approved by both the Commissioner of
Public Safety and the City Council.
6. The license fee shall be provided in Chapter 11 of this Code.
7. If the license is used on public property owned by the City, upon the recommendation of the
Public Safety Director, the City Council may require the holder of the license, as a term and
condition of the license, to hire uniformed police officer(s) to remain on the premises during the
use of the license.
603.25. GAMBLING ENDORSEMENT
1. Statement of Policy
Onsale licensees under the provisions of this Chapter or Chapter 606 may request permission of
the City Council to permit State licensed organizations to conduct lawful gambling on the licensed
premises. Application for a gambling endorsement shall be made to the City Clerk with payment
of the specified fee in Chapter 11 of the City Code.
2. Regulations
Gambling endorsements on onsale licenses issued either under this Chapter or Chapter 606 shall
be subject to the following regulations which shall be deemed as a part of the license, and failure
of compliance may constitute grounds for adverse action as prescribed in the City Code.
A. Use of the licensed premises shall be by means of a State approved lease agreement
between the licensee and the licensed organization. A copy of the lease shall be filed with
the City Clerk, and also a copy must be kept on the premises and available for public
inspection upon request. Leases shall be governed by the following:
(1) Any form of lawful gambling permitted by the state of Minnesota as defined by
Chapter 349 and otherwise approved or licensed by the city may be conducted on
the licensed premises.
(2) Pulltabs shall only be conducted from a booth used solely by the licensed lawful
gambling organization. Lawful gambling shall neither be conducted by employees of
the licensee or conducted from the bar service area. (Ref 1200)
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(3) The construction and maintenance of the booth used by the licensed lawful
gambling organization shall be the sole responsibility of the licensed lawful gambling
organization.
B. Only one licensed lawful gambling organization shall be permitted to conduct lawful
gambling on the licensed premises.
C. The licensee may not be reimbursed by the licensed lawful gambling organization for any
license or permit fees, and the only compensation which the licensee may obtain from the
licensed lawful gambling organization is the rent fixed in the lease agreement.
D.The licensee shall be responsible for the licensed lawful gambling organization's conduct.
The City Council may suspend the licensee's permission to allow lawful gambling on the
premises for a period up to 60 days for any violation of State or local gambling laws or
regulations that occur on the premises by anyone, including the licensee or the licensed
lawful gambling organization. A second violation within a 12 month suspension, and any
additional violations within a 12 month period shall result in the revocation of the lawful
gambling permission, and may also be considered by the Council as grounds for
suspension or revocation of the onsale liquor license.
E. Establishments licensed by the City for the sale of alcoholic beverages must seek qualifying
organizations as defined in Section 30.02 of this Code whenever they contract with
organizations to conduct lawful gambling on their premises. If the owner of the
establishment is unsuccessful at locating a qualifying organization, they shall attest to that
fact on their liquor license application. The City Council may waive this requirement for a
non-qualifying organization.
603.26 PATIO ENDORSEMENT
1. Statement of Policy
The sale of alcoholic beverages pursuant to any of the licenses issued in accordance with Chapters
602, 603 or 606 of the Code, with the exception of a temporary license, will be limited to the sale
and consumption inside of a structure on the licensed premises, unless the licensee applies for
and receives approval from the City Council for a Patio Endorsement to allow the sale and
consumption outside of a structure on the licensed premises.
2. Regulations
A. An outdoor patio shall not be enclosed in such a manner that the air becomes indoor air
as defined by state law.
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B. The patio shall be attached to the licensed premises and share at least one common wall
or side with the licensed premise building/structure. The contiguous area will not be part
of a public street, sidewalk or other public grounds.
C. If part of the parking lot is used to install an outdoor patio, the patio must share one
common wall with the licensed premise. In addition, the licensed premise must continue
to meet the parking requirements set by city code and the outdoor patio shall not affect
the circulation of traffic.
D. Access to the patio shall be directly from the licensed premise with no direct access other
than an emergency exit (exit only) equipped with an alarm, from any area other than by
passing through the normal interior public areas of the licensed premise.
E. The patio shall be clearly delineated by a permanent installed fence, or other structure or
barrier, at least 42Ò high to prevent the ingress or egress of persons to and from the patio.
The fence shall be designed and constructed in a manner that discourages or deters the
passing of any regulated, controlled or prohibited items outside from one side of the fence
to the other side of the fence.
F. Panic and fire exit hardware shall be installed on the fence or barrier and comply with the
Minnesota Building Code.
G. Patios in direct contact with, or immediately adjacent to a parking area for motor vehicles,
shall have sufficient barriers installed, as defined by the Minnesota State Building Code, to
reduce the likelihood of incursion of vehicles into the patio space.
H. The licensee shall pay the Metropolitan Council S.A.C. unit(s) for outside seating.
I. The patio shall be placed in an area to meet the state and federal accessibility
requirements.
J. Live entertainment shall be allowed in the patio area between the hours of 9 am and 10
pm. Music, sound, or noise in the patio enclosure shall comply with the provisions of
Chapter 124 of the Fridley City Code at all times.
K. The sale and consumption of intoxicating liquor within the patio is limited to the normal
business hours. No licensee, nor the employee, nor agent of any license will serve,
dispense, possess, display, or in any manner furnish intoxicating liquor at any other time.
L. All other conduct pertaining to the licensed premises required by this Code or Minnesota
state statutes shall apply.
3. Application
Any restaurant to which an on-sale intoxicating or wine license has been issued may submit an
application for a patio endorsement. The application shall contain a description of the outdoor
area that is proposed to be licensed and will be accompanied by a drawing of the proposed area
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to be licensed. The application will also include a detailed description of the barriers that will be
used, the method of seating, ingress and egress arrangements, security provisions, sanitary and
fire arrangements and lighting. The drawings must include the dimensions of the area, barriers,
tables, aisles and equipment, and must be drawn proportionately to scale.
This application must be submitted to the City Clerk for review and comment by the Police
Department, Fire Department, and Community Development Department before submission to
the City Council. The City staff will review the suitability of the proposed licensed area in light of
the applicable fire, building and life safety codes, zoning codes, past performance of the licensee
in maintaining order and obeying applicable laws in the licensed patio 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 of seating arrangements.
If the patio endorsement is approved by the City Council, the licensee would be required to apply
for and pay for the appropriate building permits and fees.
4. Violations
A. It shall be a violation of this code, by the license holder and/or any employees or agents
of the license holder, to permit, allow or fail to prevent persons from directly accessing the
patio by means other than through the building on the premises.
B. It shall be a violation of this code by the license holder and/or any employees or agents
of the license holder, or to allow any other person, to provide, furnish or give any liquor,
tobacco products, weapons, or any other regulated controlled or prohibited items (for
example, drugs, dice, cards, etc.) from one side of the fence or barrier to the other.
C. Any violation of the provisions of this Code or of the state law regulating the sale of liquor
which occur in the patio area will be considered as a violation of the principal on-sale
license for the premises.
603.27. ADMINISTRATIVE OFFENSES
1. Administrative Civil Penalties: Administrative offense procedures established pursuant to
this chapter are intended to provide the public and the City with an informal, cost effective, and
practical alternative to traditional criminal charges for violations of this ordinance. The procedures
are intended to be voluntary on the part of those who have been charged with administrative
offenses.
2. Every licensee shall be responsible for the conduct of its employees while on the licensed
premises and any sale or other disposition of any intoxicating liquor, 3.2% malt liquor, beer or
wine by an employee to any person under twenty-one (21) years of age shall be considered an
act of the licensee for purposes of imposing an administrative penalty, license suspension, or
revocation.
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A. Individual. At any time prior to the payment of the administrative penalty as is provided
for hereafter, the individual may withdraw from participation in the procedures in which
event the City may bring criminal charges in accordance with law. Likewise, the City, at its
discretion, may bring criminal charges in the first instance. In the event a party participates
in the administrative offense procedures but does not pay the monetary penalty which
may be imposed, the City will seek to collect the costs of the administrative offense
procedures as part of a subsequent criminal sentence in the event the party is charged
and is adjudicated guilty of the criminal violation.
B. Licensee. At any time prior to the payment of the administrative penalty as is provided for
hereafter, the licensee may withdraw from participation in the procedures in which event
the City may permanently revoke the license issued to the licensee under this Chapter in
accordance with law. Likewise, the City, in its discretion, may revoke the license issued to
the licensee under this Chapter in the first instance. In the event a licensee participates in
the administrative offense procedures but does not pay the monetary penalty which may
be imposed, the City will suspend the license issued to the licensee under this Chapter in
accordance with section 603.26.B of this ordinance.
3. Notice. Any officer of the Fridley Police Department shall, upon determining there has
been a violation, notify the violator of the violation. Said notice shall set forth the nature, date
and time of violation, the name of the officer issuing the notice and the amount of the scheduled
penalty.
4. Payment. Once such notice is given, the alleged violator may, within twenty (20) days of
the time of issuance of the notice pay the amount set forth on the notice, or may request a hearing
in writing, as provided for hereafter. The penalty may be paid in person or by mail, and payment
shall be deemed to be an admission of the violation.
5. Hearing. Any person contesting an administrative offense pursuant to this Chapter may
request a hearing before the Hearing Examiner. Such request shall be filed in writing with the
office of the Public Safety director within twenty (20) days of the offense. The Public Safety
Director shall notify the Hearing Examiner, who will notify the person contesting and the licensee
of the date, time, and place of hearing. The hearing shall be conducted no more than twenty (20)
days after the Hearing Examiner receives notice of the request, unless a later date is mutually
agreed to by the Hearing Examiner, the licensee, the person contesting and the City. Within ten
(10) days after such hearing, the Hearing Examiner shall affirm, repeal, or modify the charge
against the licensee or the person contesting. Any person aggrieved by the decision of the
Hearing Examiner may appeal with the Public Safety Director within twenty (20) days of receiving
notice of the Hearing ExaminerÔs decision. At its next available regular meeting following the filing
of a notice of appeal, the Council shall review the decision and findings of fact of the Hearing
Examiner and shall affirm, repeal or modify that decision.
6. Hearing Examiner. The position of Hearing Examiner is hereby created. The City Manager
may, at his discretion and with the approval of the Council, contract with third parties for the
furnishing of all services of the Hearing Examiner as contained in this Chapter and set the rate of
compensation therefore.
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7. Qualifications. The Hearing Examiner shall be an individual trained in law; however, it shall
not be required that the Hearing Examiner be currently licensed to practice law in the State of
Minnesota.
8. Duties: The Hearing Examiner shall have the following duties:
A. Set dates and hear all contested cases.
B. Take testimony from all interested parties.
C. Make a complete record of all proceedings including findings of fact and conclusions of
law.
D. Affirm, repeal or modify the penalty accessed.
9. Failure to Pay. In the event a party charged with an administrative penalty fails to pay the
penalty, if an individual, the party will be charged with the criminal offense; if a licensee, the
Council will suspend the license issued to the licensee under this Chapter.
10. Disposition of Penalties. All penalties collected pursuant to this Chapter shall be paid to
the CityÔs treasurer and will be deposited in the CityÔs general fund.
603.28. VIOLATIONS
1. Administrative Civil Penalties: Individuals. Any person in the employ of a licensee who
sells any intoxicating liquor, 3.2% malt liquor, beer or wine to a person under the age of twenty-
one (21) years is subject to an administrative penalty; and any person under the age of twenty-
one (21) years who attempts to purchase any intoxicating liquor, 3.2% malt liquor, beer or wine
from a licensee is subject to an administrative penalty. The administrative penalties are as follows:
First violation. The penalty for the first violation is $250.00.
Second violation within 12 months. The penalty for the second violation is $500.00.
Third violation within 12 months. The penalty for the third violation is $750.00.
2. Administrative Civil Penalties; Licensee. If a licensee or an employee of a licensee is found
to have sold any intoxicating liquor, 3.2% malt liquor, beer or wine to a person under the age of
twenty-one (21) years, the licensee shall be subject to an administrative penalty as follows:
First violation. The penalty for the first violation is $500.00 If the fine is not paid within 20
days the City may suspend the license issued to the licensee under this Chapter for a period
not to exceed 10 days
Second violation within 12 months. The penalty for the second violation is $1000.00. If the
fine is not paid within 20 days the City may suspend the license issued to the licensee under
this Chapter for a period not to exceed 30 days.
Third violation within 12 months. The city may permanently revoke the license issued to the
licensee under this Chapter.
3. Defense. It is a defense to the charge of selling intoxicating liquor, 3.2% malt liquor, beer
or wine to a person under the age of twenty-one (21) years, that the licensee or individual, in
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making the sale, reasonably and in good faith relied upon representation of proof of age
described in State Statute Section 340A.503. subdivision 6, paragraph (a).
4. Exemption. A person, no younger than 18 and no older than 20, may be enlisted to assist
in the tests of compliance. The person shall at all times act only under the direct supervision of a
law enforcement officer or an employee of the licensing department, or in conjunction with a
compliance check effort that has been pre-approved by the Fridley Police department. A person
who purchases or attempts to purchase intoxicating liquor, 3.2% malt liquor, beer or wine while
in this capacity is exempt from the penalties imposed by subdivision A above.
5. Revocation. The City Council has the authority to revoke any license as noted in 11.08.
603.29. PENALTIES
Any violation of this Chapter is a misdemeanor and is subject to all penalties provided for such
violation under the provisions of Chapter 901 of this Code.
FRIDLEY CITY CODE
CHAPTER 604. CONSUMPTION AND DISPLAY PERMITS
604.01 CONSUMPTION AND DISPLAY PERMITS
1. A consumption and display permit may be approved by the City for an organization that complies
with the requirements of Minnesota Statutes Section 340A.414, subd. 2 and that has obtained a
permit from the Commissioner of Public Safety.
2. Consumption and display permits issued by the Commissioner of Public Safety and approved
by the City expire on March 31 of each year.
3. In addition to the annual fee imposed by the Commissioner of Public Safety for a
consumption and display permit, the City shall impose a fee, not to exceed $300, which
must be paid prior to issuance of such permit.
604.02 ONE-DAY CONSUMPTION AND DISPLAY PERMITS
1. It is the intent and purpose of this section to effectuate the authorization to issue one-day
consumption and display permits given to municipalities by Minnesota Statutes Section 340A.414,
subd. 9.
2. One-day consumption and display permits may only be issued to a nonprofit organization in
conjunction with a social activity in the City sponsored by the organization.
3. A one-day consumption and display permit shall be issued on an application form prescribed
by the City Clerk and issued by the City Council. No public hearing shall be required.
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4. In addition to the permit fee imposed by the Commissioner of Public Safety for a one-day
consumption and display permit, the City shall impose a fee, not to exceed $25, which must be
paid prior to issuance of such permit.
5. If the one-day consumption and display permit is used on public property owned by the City,
upon the recommendation of the Public Safety Directory, the City Council may require the holder
of the permit, as a term and condition of the permit, to hire uniformed police officer(s) to remain
on the premises during the use of the permit.
6. A one-day consumption and display permit issued under this section is not valid unless first
approved by the Commissioner of Public Safety.
7. Permits may be suspended by the Public Safety Director, or a police officer, when there is a public
safety danger or infringement of peace and tranquility.
8. Because the one-day consumption and display permit is not a retail permit for the sale of
alcoholic beverages, no proof of liability insurance will be required for issuance of the permit.
FRIDLEY CITY CODE
CHAPTER 605. INTOXICATING LIQUOR -- BOTTLE CLUB PERMIT
605.01 DEFINITIONS
The definitions delineated in Minnesota State Statute 340A relating to liquor laws are adopted by
reference.
605.02 PERMIT REQUIRED
No business establishment or club which does not hold an on-sale intoxicating liquor license may
directly or indirectly allow the consumption and display of intoxicating liquor or knowingly serve
any liquid for the purpose of mixing with intoxicating liquor without first having obtained a permit
from the State of Minnesota.
605.03 ELIGIBILITY FOR PERMIT
The City may approve a State permit under this section only to:
1. 1. An applicant who has not, within five years prior to the application, been convicted
of a felony or of violating any provision of Minnesota State Statute 340A, or for violating
any provision of Fridley City Code relating to liquor or nonintoxicating malt liquor.
2. An establishment licensed for the sale of non-intoxicating malt liquor.
3. A club that does not hold an on-sale intoxicating liquor license.
605.04 CONSUMPTION AND DISPLAY ONLY
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A permit issued under this section authorizes the establishment to permit the consumption
and display of intoxicating liquor on the premises. The permit does not authorize the sale
of intoxicating liquor.
605.05 PERMIT FEES - EXPIRATION
The permit fees shall be the maximum allowed in Minnesota Statute 340A as provided in Chapter
11 of this code. All annual permits issued under this Chapter expire on June 30 of each year.
605.06 INSPECTION
An establishment holding a permit under this section is open for inspection by peace Officers who
may enter and inspect any time the premises are occupied. Intoxicating liquor sold, served, or
displayed in violation of law may be seized and disposed.
605.07 LOCKERS
A club issued a permit under this Chapter may allow members to bring and keep a personal supply
of bottles kept in lockers on the club's premises. All bottles kept on the premises must have
attached to it a label signed by the member. No person under 21 years of age may keep a supply
of intoxicating liquor on club premises.
605.08 ONE DAY PERMIT
The City may issue a one day permit for the consumption and display of intoxicating liquor under
this Chapter to a non-profit organization in conjunction with a social activity in the City sponsored
by the organization.
The permit must also be approved by the State of Minnesota and is valid only for the day indicated
on the permit.
605.09 REGULATIONS BY REFERENCE
Regulations delineated in Chapter 606 of this code entitled "Intoxicating Liquors --On-Sale Club",
relating to application, bonds, liability insurance, granting of licenses, conditions, hours of
operation, prohibited sales, conduct prohibited, revocation and penalties, are adopted by
reference.
FRIDLEY CITY CODE
CHAPTER 606. INTOXICATING LIQUORS -- ON-SALE CLUBS
606.01. DEFINITIONS
The following definitions shall apply in the interpretation and application of this Chapter and the
following words and terms, wherever they occur in this Chapter, are defined as follows:
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1. Club. "Club" is an incorporated organization organized under the laws of the state for civic,
fraternal, social, or business purposes, for intellectual improvement, or for the promotion of sports,
or a congressionally chartered veterans' organization, which:
A. has more than 50 members;
B. has owned or rented a building or space in a building for more than one year that is
suitable and adequate for the accommodation of its members.
C. is directed by a board of directors, executive committee, or other similar body chosen by the
members at a meeting held for that purpose. No member, officer, agent, or employee shall
receive any profit from the distribution or sale of beverages to the members of the club, or
their guests, beyond a reasonable salary or wages fixed and voted each year by the
governing body.
2. On-Sale. "On-Sale" is the sale of alcoholic beverages for consumption on the licensed
premises only.
606.02. LICENSES REQUIRED
No person or organization shall sell, deal in or dispose of by gift, sale or otherwise, any liquor
without first having obtained a license to do so from the City Council; provided, however, that this
Section shall not prohibit the giving or serving thereof to guests in a private home, shall not
prohibit the sale thereof by a manufacturer or distributor to a person holding a license thereunder,
and shall in no way effect the operation of the municipal liquor stores. In addition to the
foregoing, no person shall sell any intoxicating liquor after 1:00 a.m. without obtaining a special
Late Night License Endorsement for an existing liquor license as provided in this Chapter.
606.03. KIND OF LICENSE ISSUED
"On-Sale" licenses may be issued to clubs for the sale of on-sale liquors to members of the
organization or their bona fide guests only.
606.04. SUNDAY LIQUOR SALES
No person or organization shall sell any intoxicating liquor on Sundays without obtaining a
separate license for said Sunday sales. The annual license fee for "Sunday Liquor Sales" shall be
as provided in Chapter 11. The annual fee for a license endorsement for late hour liquor sales after
1:00 a.m., but before 2:00 a.m. shall be provided in Chapter 11. These fees are in addition to the
fee charged for an "On-Sale" license. All provisions of the Chapter pertaining to the "On-Sale"
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license shall apply to the "Sunday Liquor Sales" license, and the Late Night License Endorsement
insofar as applicable. (Ord 1197)
606.05. APPLICATION
All applications for licenses hereunder shall be made to the City setting forth all information
necessary to show whether or not the applicant qualifies for such a license under this Chapter,
together with such additional information as may be required by the City Council.
606.06. LICENSE FEE
The annual license fees shall be the maximum allowed in Minnesota Statute 340A
as provided in Chapter 11 of this Code. (Ref. 956)
606.07. BONDS
1. Each application for an "on-sale", "off-sale" liquor license or "on-sale" wine license shall be
accompanied by a surety bond in the amount of $3,000.00 running to the City of Fridley, or in lieu
thereof, cash or United State Government bonds of equivalent market value, as provided in
Minnesota Statutes, Section 340.12. The bond shall be in effect for the period covered by the
license.
2. The bond's conditions are as follows:
A. The licensee will obey the laws relating to the licensed business.
B. The licensee will pay to the City, when due, all taxes, licenses, penalties, and other charges.
C. In the event of any violation of any liquor laws, the bond shall be forfeited to the City, as
obligee.
3. Bonds for "on-sale" licenses shall be filed with the City Clerk and approved by the City Council.
Bonds for "off-sale" licenses and lion-sale" wine licenses shall be filed with the City Clerk and
approved by the City Council and the Commissioner of Public Safety.
4. All bonds shall be for the benefit of the City, as obligee, and all persons suffering damages
by reason of the violation of the conditions of 606.07.2. Upon forfeiture of the bond for violation
of the law, the District Court of Anoka County may forfeit the bond's penal sum or any part
thereof to the City.
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5. Operation of a licensed business without having on file at all times with the City of Fridley
effective security as required above shall be grounds for immediate revocation of the license. (Ref.
809)
606.08. LIABILITY INSURANCE
1. Every person licensed to sell at retail intoxicating liquor or non-intoxicating malt liquor at
on-sale or off-sale or on-sale wine shall, after August 1, 1983, demonstrate proof of financial
responsibility with regard to liability imposed by Minnesota Statutes, Section 340.95 to the City
Clerk as a condition of the issuance or renewal of his or her license. Proof of financial responsibility
may be given by filing:
A. A certificate that there is in effect for the period covered by the license an insurance policy
or pool providing the following minimum coverages:
(1) $50,000 because of bodily injury to any one person in any one occurrence, and,
subject to the limit for one person, in the amount of $100,000 because of bodily
injury to two or more persons in any one occurrence, and in the amount of $10,000
because of injury to or destruction of property of others in any one occurrence.
(2) $50,000 for loss of means of support of any one person in any one occurrence, and,
subject to the limit for one person, $100,000 for loss of means of support of two or more
persons in one occurrence; or
B. A bond of a surety company with minimum coverages as provided in clause (A) above, or
C. A certificate of the State Treasurer that the licensee has deposited with the State Treasurer
$100,000 in cash or securities which may legally be purchased by savings banks or for trust
funds having a market value of $100,000.
2. A liability insurance policy required by Section 606.08.1 shall provide that it may not be
canceled for any cause, either by the insured or the insurance company without first giving ten
(10) days notice to the City of Fridley in writing of the intention to cancel it, addressed to the
City Clerk of the City of Fridley.
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3. A liability insurance policy required by Section 606.08.1 shall provide that the insurance
company agrees to contact the City of Fridley in writing and addressed to the City Clerk of the
City of Fridley, within ten (10) days of any claim made against the policy.
4. A liability insurance policy required by Section 606.08.1 that contains annual aggregate limits
of liability shall require the insured to buy additional coverage after any claim is made that
reduces the coverage under the policy below the requirements of Section 606.08.1.
5. The operation of a retail intoxicating or non-intoxicating malt liquor business at on-sale or
off-sale or on-sale wine, without having on file at all times with the City of Fridley the liability
insurance policy or other evidence of financial responsibility required under Section 606.08.1 shall
be grounds for immediate revocation of the license. Notice of cancellation of a current liquor
liability policy serves as notice to the licensee of the impending revocation and unless evidence
of compliance with the financial responsibility requirements of Section 606.08.1 is presented to
the City Clerk before the termination is effective, the license will be revoked instantly upon the
lapse.
6. The City Clerk shall submit the provided proof of financial responsibility to the Commissioner
of Public Safety.
606.09 GRANTING OF LICENSES
1. Initial Licenses
A. Upon receipt of a complete application, the City Clerk shall forward the application to the
Public Safety Director, or Director's designee, for verification and investigation of the facts
set forth in the application. The Director or their designee shall complete such
investigation and make a written recommendation and report to the City Clerk. The report
shall include a list of all violations of any federal, state or municipal law.
B. After receipt of the written report, the City Clerk shall forward the application to the Fire
Department and Building Inspections Department for their review and comment.
C. Within twenty (20) days after the receipt of the DirectorÔs written report, the City Clerk shall
cause to be published a Notice of Public Hearing regarding the license application in the
official newspaper at least ten (10) days in advance of the public hearing. The Notice shall
include the date, time and place of the public hearing, the name of the applicant, the
address of the premises to be licensed, and the nature of the business. The City Clerk shall
prepare a written report to the City Council for the public hearing which shall include the
Director's report and any comments the Fire and Building Inspections Departments may
have. An application for a temporary on-sale 3.2% malt liquor license shall be exempt
from the public hearing requirement.
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D. At the time of the public hearing, opportunity shall be given to any person to be heard for
or against the granting of the license. If additional information is required, the City Council
may conduct an additional hearing, as it may deem advisable, within a reasonable amount
of time. The City Council may thereafter grant or deny the application in its discretion.
E. The City Clerk shall, within ten (10) days after the issuance of any license under this Chapter,
submit the required documentation to the Commissioner of Public Safety. The City Clerk
shall also submit to the Commissioner of Public Safety any change of address, cancellation
or revocation of any license by the City Council during the license period.
F. Each license is issued to the applicant at the premises described in the application. No
license may be transferred to another person or to another location.
G. Where a license is granted to a premises where the building is under construction or
otherwise not ready for occupancy, the City Clerk shall not issue the license until a
Certificate of Occupancy has been issued. The Building Inspection Department shall notify
the City Clerk that the Certificate of Occupancy has been issued and the building is ready
for occupancy.
2. Renewal Licenses
A. Applications for the renewal of an existing license shall be made at least 60 days prior to the
date of the expiration of the license and shall be made in such abbreviated form as the City
Council may approve. If, in the judgment of the City Council, good and sufficient cause is
shown by an applicant for their failure to file for a renewal within the time provided, the City
Council may, if the other provisions of this Chapter are complied with, grant the application.
A review shall be made of all facts set out in the application. The City Council shall grant or
refuse the application in its discretion.
B. Each license holder shall be given written notice, by mail, at least ten (10) days but not more
than thirty (30) days before the City Council acts upon their license renewal. This notice shall
be in a form as designated by the City Clerk and shall specify the date and time when the
renewal application will be considered by the City Council. The license holder shall be
permitted an opportunity to address the City Council on its license renewal application. (Ref.
809)
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606.10. CONDITIONS
All licenses granted hereunder shall be issued subject to the following conditions, and all other
conditions of this Chapter and subject to all other provisions of this Code applicable thereto:
1. The license shall be posted at all times in a conspicuous place on the licensed premises.
2. No sale of any liquor will be made to any person under guardianship nor to any person
under twenty-one (21) years of age.
3. Only lawful gambling or lawful gambling devices permitted by the State of Minnesota and
expressly authorized and permitted by the City of Fridley pursuant to Chapters 30 and 603 of the
City Code shall be authorized on the licensed premises. (Ref 1200)
4. All licenses granted under this Chapter shall be issued for the premises designated in the
application. Such license shall not be transferred to another place without approval of the
licensing authority.
5. No license shall be granted within six hundred (600) feet of any public school nor within six
hundred (600) feet of any church.
6. The licensed premises shall be open to inspection by any Police or Health Officer or other
properly designated officer or employee of the City at any time during which the club shall be
open to its members for business.
7. The sale of intoxicating liquor under such license is restricted to members of the club and their
bona fide guests. (Ref. 956)
8. The licensee shall strictly observe all of the laws relative to the "on-sale" of intoxicating liquor
as set forth in the Minnesota Statutes, together with all the rules and regulations of the State
Liquor Control Commission insofar as they are applicable.
9. The liability insurance policy as required by this Chapter shall be in full force and effect during
the term of any license granted thereunder.
10. No licensee shall permit in any licensed establishment, or any adjoining property owned or
leased by the licensee, any boxing, wrestling, or any other form of entertainment whose primary
purpose is physical contact by striking or touching an opponent with hands, head, feet, or body.
Team sports in which physical contact is incidental to the primary purpose of the game such as
basketball, volleyball, soccer, football, baseball, hockey, and softball are not included among
activities prohibited by this section. (Ref 1201)
11. No licensee shall use or permit to be used any playing cards on the licensed premise except
that playing cards may be used during a tournament of a social skill card game as defined by
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Minnesota Statute 609.761, subdivision 3, and conducted pursuant to regulations contained
therein and this City Code. (Ref Ord 1211)
A. Social Skill Card Game Tournament
(1) A social skill card game tournament means one separate and distinct organized
contest involving contestants who compete in a series of elimination card games of
social skill as defined by Minnesota Statute 609.761, subdivision 3.
(2) No licensee shall permit or conduct more than one social skill card game tournament
at any one time on the licensed premise or any adjoining property owned or leased by
the licensee and no social skill card game tournament shall be permitted or conducted
except during the normal hours of operation of the licensed premise.
(3) No licensee shall charge or permit to be charged, to either participants or spectators
of a social skill card game tournament, a price for consumer goods which is higher
than the price that is normally charged.
(4) No licensee shall permit wagers in a social skill card game tournament to be made with
currency or any other thing of value except tournament chips or tokens. Tournament
chips or tokens shall represent tournament points only and shall have no cash value
or be redeemable for cash or for any other thing of value, except the point total
represented by the playersÔ accumulation of tournament chips or tokens shall be used
to determine winners and/or final place in a tournament.
(5) No licensee shall permit players or spectators to make any side bets or back bets, or
engage in any other form of gambling, at a social skill card game tournament.
(6) No licensee shall permit the aggregate amount or fair market value of prizes offered
or given in any single social skill card game tournament to exceed $200 and no licensee
shall award or permit to be awarded prizes exceeding a $200 value to any one social
skill card game tournament participant on any one day.
(7) No licensee shall award or permit to be awarded any prize consisting of intoxicating
liquor, beer, or wine, or certificate for future consideration of same, in a social skill card
game tournament.
(8) No person, partnership, corporation, or other organization, other than the licensee,
shall conduct or be permitted to conduct a social skill card game tournament on a
licensed premise without first having obtained a tournament service provider license
pursuant to this Chapter.
B. Social Skill Card Game Tournament Service Provider
(1) A person, partnership, corporation, or other organization, other than the licensee, who
conducts, organizes supplies or promotes a social skill card game tournament on a
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premise licensed under this Chapter, is a social skill card game tournament service
provider.
(2) No person, partnership, corporation, or other organization shall act as a social skill card
game tournament service provider without first having obtained a license to do so from
the City Council.
(3) All applications for tournament service provider licenses shall be made to the City
setting forth all information necessary to show whether or not the person, partnership,
corporation, or other organization qualifies for such a license under this Chapter,
together with such additional information as may be required by the City Council. A
completed application form must include the full true names, dates of birth, social
security numbers and addresses of all persons financially interested in the business
and/or all persons who are either on the Board of Directors of or hold offices in the
entity or organization. The term Ñpersons financially interested in the businessÒ shall
include all persons who share in the profits of the business.
(4) All applications for a license shall be referred to the Public Safety Director for
verification and investigation of the facts set forth in the application. The Public Safety
Director shall cause to be made such investigation of the information requested as
shall be necessary and shall make a written recommendation and report to the City
Council which shall include a list of all violations of Federal or State law or Municipal
ordinance. The City Council may order and conduct such additional investigation as it
shall deem necessary. In making a determination of suitability for a tournament service
provider license, the City Council shall consider the background of each person,
partner, corporate officer or individual applicant.
(5) No license shall be granted or held by any person who has been convicted, within 15
years prior to the application of such license, of any felony violation of any law of the
United States, the State of Minnesota, or any other state or territory, or of any local
ordinance involving or related to theft or gambling.
(6) The annual license fee and expiration date shall be as provided in Chapter 11 of this
Code.
606.11. HOURS OF OPERATION
1. No sale of intoxicating liquor for consumption on the licensed premises may be made between
1:00 a.m. and 8:00 a.m. on the days of Monday through Sunday. No sale may be between the
hours of 8:00 p.m. December 24th and 8:00 a.m. December 26th without a Holiday Endorsement.
(Ref. 935, 984, 1271, 1335)
A. Holiday Endorsement. The Holiday Endorsement enables the establishment to remain
open on Monday through Saturday between the hours of 8:00 a.m. on December 24th and
1:00 a.m. on December 25th and between 8:00 a.m. on December 25th and 1:00 a.m. on
December 26th. Should December 24th, 25th or 26th fall on a Sunday, the establishment
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may not sell, provide or allow the consumption of liquor until 10:00 a.m. or until such other
time as defined by Minnesota Statutes.
B. Those establishments which also hold a Late Night Endorsement as defined in Section
606.11.3 of the Fridley City Code may remain open until 2:00 a.m. on December 25th and
26th.
2. It shall be unlawful for any persons or, customers, other than the licensees or their employees
to remain on the premises after 1:30 a.m. There shall be no consumption by any persons, including
the licensees and their employees, after 1:30 a.m. (Ref. 809)
3. Notwithstanding the foregoing, a sale of intoxicating liquor for consumption may occur on a
licensed premises between the hours of 1:00 a.m. and 2:00 a.m. if the licensee has been granted
by the city a Late Night Endorsement for that license. No sale of intoxicating liquor for
consumption on any license premises for which a Late Night License Endorsement has been
granted by the city shall occur between 2:00 a.m. and 8:00 a.m. on the days of Monday through
Saturday. It shall be unlawful for any persons or customers, other than the licensees or their
employees, to remain on a licensed premises for which a Late Night License Endorsement has
been granted by the City, nor shall there be any consumption by any persons, including the
licensees and their employees on such premises, more than one-half hour after closure of
operations for that day and, in no event, later than 2:30 a.m. (Ord 1197)
606.12. PATIO ENDORSEMENT (Ref Ord 1242)
The sale of alcoholic beverages pursuant to any of the licenses issued in accordance with Chapters
602, 603 or 606 of the Code, with the exception of a temporary license, will be limited to the sale
and consumption inside of a structure on the licensed premises, unless the licensee applies for
and receives approval from the City Council for a Patio Endorsement to allow the sale and
consumption outside of a structure on the licensed premises.
2. Regulations
A. An outdoor patio shall not be enclosed in such a manner that the air becomes indoor air
as defined by state law.
B. The patio shall be attached to the licensed premises and share at least one common wall
or side with the licensed premise building/structure. The contiguous area will not be part
of a public street, sidewalk or other public grounds.
C. If part of the parking lot is used to install an outdoor patio, the patio must share one
common wall with the licensed premise. In addition, the licensed premise must continue
to meet the parking requirements set by city code and the outdoor patio shall not affect
the circulation of traffic.
D. Access to the patio shall be directly from the licensed premises with no direct access other
than an emergency exit (exit only) equipped with an alarm, from any area other than by
passing through the normal interior public areas of the licensed premise.
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E. The patio shall be clearly delineated by a permanent installed fence, or other structure or
barrier, at least 42Ò high to prevent the ingress or egress of persons to and from the patio.
The fence shall be designed and constructed in a manner that discourages or deters the
passing of any regulated, controlled or prohibited items outside from one side of the fence
to the other side of the fence.
F. Panic and fire exit hardware shall be installed on the fence or barrier and comply with the
Minnesota Building.
G. Patios in direct contact with, or immediately adjacent to a parking area for motor
vehicles, shall have sufficient barriers installed, as defined by the Minnesota State
Building Code, to reduce the likelihood of incursion of vehicles into the patio space.
H. The licensee shall pay the current Metropolitan Council S.A.C. unit(s) for outside seating.
I. The patio shall be placed in an area to meet the state and federal accessibility
requirements.
J. Live entertainment shall be allowed in the patio area between the hours of 9:00 am and
10:00 pm. Music, sound or noise in the patio enclosure shall comply with the provisions
and requirements of Chapter 124 of the Fridley City Code at all times.
K. The sale and consumption of intoxicating liquor within the patio is limited to the normal
business hours. No licensee, nor the employee, nor agent of any license will serve,
dispense, possess, display, or in any manner furnish intoxicating liquor at any other time.
L. All other conduct pertaining to the licensed premises required by this Code or Minnesota
state statutes shall apply.
3. Application
Any club to which an on-sale intoxicating or wine license has been issued may submit an
application for a patio endorsement. The application shall contain a description of the outdoor
area that is proposed to be licensed and will be accompanied by a drawing of the proposed area
to be licensed. The application will also include a detailed description of the barriers that will be
used, the method of seating, ingress and egress arrangements, security provisions, sanitary and
fire arrangements and lighting. The drawings must include the dimensions of the area, barriers,
tables, aisles and equipment, and must be drawn proportionately to scale.
This application must be submitted to the City Clerk for review and comment by the Police
Department, Fire Department, and Community Development Department before submission to
the City Council. The City staff will review the suitability of the proposed licensed area in light of
the applicable fire, building and life safety codes, zoning codes, past performance of the licensee
in maintaining order and obeying applicable laws in the licensed patio 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,
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suitability of ingress and egress arrangements including control of persons entering and leaving
for purposes of preventing consumption by minors and safety of seating arrangements.
If the patio endorsement is approved by the City Council, the licensee would be required to apply
for and pay for the appropriate building permits and fees.
4. Violations
A. It shall be a violation of this code, by the license holder and/or any employees or agents
of the license holder, to permit, allow or fail to prevent persons from directly accessing the
patio by means other than through the building on the premises.
B. It shall be a violation of this code by the license holder and/or any employees or agents
of the license holder, or to allow any other person, to provide, furnish or give any liquor,
tobacco products, weapons, or any other regulated controlled or prohibited items (for
example, drugs, dice, cards, etc.) from one side of the fence or barrier to the other.
C. Any violation of the provisions of this Code or of the state law regulating the sale of liquor
which occur in the patio area will be considered as a violation of the principal on-sale
license for the premises.
606.13. PROHIBITED SALES
No licensee shall sell or serve liquor to any intoxicated person or persons or permit any intoxicated
person or persons to remain upon the premises occupied by the holder of such license.
606.14. CONDUCT PROHIBITED
No person shall conduct himself or herself in a disorderly or boisterous manner upon the premises
of a licensee holding an "on-sale" license, nor shall such licensee permit or suffer such conduct
upon such licensed premises.
606.15. ADMINISTRATIVE OFFENSES (Ref Ord 1212)
1. Administrative Civil Penalties: Administrative offense procedures established pursuant to this
chapter are intended to provide the public and the City with an informal, cost effective, and
practical alternative to traditional criminal charges for violations of this ordinance. The procedures
are intended to be voluntary on the part of those who have been charged with administrative
offenses.
2. Every licensee shall be responsible for the conduct of its employees while on the licensed
premises and any sale or other disposition of any intoxicating liquor, 3.2% malt liquor, beer or
wine by an employee to any person under twenty-one (21) years of age shall be considered an
act of the licensee for purposes of imposing an administrative penalty, license suspension, or
revocation.
A. Individual. At any time prior to the payment of the administrative penalty as is provided
for hereafter, the individual may withdraw from participation in the procedures in which
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event the City may bring criminal charges in accordance with law. Likewise, the City, at its
discretion, may bring criminal charges in the first instance. In the event a party participates
in the administrative offense procedures but does not pay the monetary penalty which
may be imposed, the City will seek to collect the costs of the administrative offense
procedures as part of a subsequent criminal sentence in the event the party is charged
and is adjudicated guilty of the criminal violation.
B. Licensee. At any time prior to the payment of the administrative penalty as is provided for
hereafter, the licensee may withdraw from participation in the procedures in which event
the City may permanently revoke the license issued to the licensee under this Chapter in
accordance with law. Likewise, the City, in its discretion, may revoke the license issued to
the licensee under this Chapter in the first instance. In the event a licensee participates in
the administrative offense procedures but does not pay the monetary penalty which may
be imposed, the City will suspend the license issued to the licensee under this Chapter in
accordance with section 606.15.B of this ordinance.
3. Notice. Any officer of the Fridley Police Department shall, upon determining there has been
a violation, notify the violator of the violation. Said notice shall set forth the nature, date and time
of violation, the name of the officer issuing the notice and the amount of the scheduled penalty.
4. Payment. Once such notice is given, the alleged violator may, within twenty (20) days of the
time of issuance of the notice pay the amount set forth on the notice, or may request a hearing
in writing, as provided for hereafter. The penalty may be paid in person or by mail, and payment
shall be deemed to be an admission of the violation.
5. Hearing. Any person contesting an administrative offense pursuant to this Chapter may
request a hearing before the Hearing Examiner. Such request shall be filed in writing with the
office of the Public Safety director within twenty (20) days of the offense. The Public Safety
Director shall notify the Hearing Examiner, who will notify the person contesting and the licensee
of the date, time, and place of hearing. The hearing shall be conducted no more than twenty (20)
days after the Hearing Examiner receives notice of the request, unless a later date is mutually
agreed to by the Hearing Examiner, the licensee, the person contesting and the City. Within ten
(10) days after such hearing, the Hearing Examiner shall affirm, repeal, or modify the charge
against the licensee or the person contesting. Any person aggrieved by the decision of the
Hearing Examiner may appeal with the Public Safety Director within twenty (20) days of receiving
notice of the Hearing ExaminerÔs decision. At its next available regular meeting following the filing
of a notice of appeal, the Council shall review the decision and findings of fact of the Hearing
Examiner and shall affirm, repeal or modify that decision.
6. Hearing Examiner. The position of Hearing Examiner is hereby created. The City Manager
may, at his discretion and with the approval of the Council, contract with third parties for the
furnishing of all services of the Hearing Examiner as contained in this Chapter and set the rate of
compensation therefore.
7. Qualifications. The Hearing Examiner shall be an individual trained in law; however, it shall not
be required that the Hearing Examiner be currently licensed to practice law in the State of
Minnesota.
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8. Duties: The Hearing Examiner shall have the following duties:
A. Set dates and hear all contested cases.
B. Take testimony from all interested parties.
C. Make a complete record of all proceedings including findings of fact and conclusions of
law.
D. Affirm, repeal or modify the penalty accessed.
9. Failure to Pay. In the event a party charged with an administrative penalty fails to pay the
penalty, if an individual, the party will be charged with the criminal offense; if a licensee, the
Council will suspend the license issued to the licensee under this Chapter.
10. Disposition of Penalties. All penalties collected pursuant to this Chapter shall be paid to the
CityÔs treasurer and will be deposited in the CityÔs general fund.
606.16. VIOLATIONS
1. Administrative Civil Penalties: Individuals. Any person in the employ of a licensee who sells
any intoxicating liquor, 3.2% malt liquor, beer or wine to a person under the age of twenty-one
(21) years is subject to an administrative penalty; and any person under the age of twenty-one
(21) years who attempts to purchase any intoxicating liquor, 3.2% malt liquor, beer or wine from
a licensee is subject to an administrative penalty. The administrative penalties are as follows:
First violation. The penalty for the first violation is $250.00.
Second violation within 12 months. The penalty for the second violation is $500.00.
Third violation within 12 months. The penalty for the third violation is $750.00.
2. Administrative Civil Penalties; Licensee. If a licensee or an employee of a licensee is found to
have sold any intoxicating liquor, 3.2% malt liquor, beer or wine to a person under the age of
twenty-one (21) years, the licensee shall be subject to an administrative penalty as follows:
First violation. The penalty for the first violation is $500.00 If the fine is not paid within 20
days the City may suspend the license issued to the licensee under this Chapter for a period
not to exceed 10 days
Second violation within 12 months. The penalty for the second violation is $1000.00. If the
fine is not paid within 20 days the City may suspend the license issued to the licensee under
this Chapter for a period not to exceed 30 days.
Third violation within 12 months. The city may permanently revoke the license issued to the
licensee under this Chapter.
3. Defense. It is a defense to the charge of selling intoxicating liquor, 3.2% malt liquor, beer or
wine to a person under the age of twenty-one (21) years, that the licensee or individual, in making
the sale, reasonably and in good faith relied upon representation of proof of age described in
State Statute Section 340A.503. subdivision 6, paragraph (a).
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4. Exemption. A person, no younger than 18 and no older than 20, may be enlisted to assist in
the tests of compliance. The person shall at all times act only under the direct supervision of a law
enforcement officer or an employee of the licensing department, or in conjunction with a
compliance check effort that has been pre-approved by the Fridley Police department. A person
who purchases or attempts to purchase intoxicating liquor, 3.2% malt liquor, beer or wine while
in this capacity is exempt from the penalties imposed by subdivision A above.
606.17. REVOCATION
In addition to the provisions for revocation in Chapter 11 of this Code, any license granted
hereunder may be revoked by the City Council for cause. Cause for revocation shall be violation
by the licensee or its employees of any law of the State of Minnesota relating to intoxicating liquor
or violation by the licensee or its employees of any provision or condition of this Chapter. Except
as provided in Sections 606,07 and 606-08, before a license is revoked, the licensee shall be
provided with written notice setting out the nature of the charges against the licensee and setting
a time and place for hearing before the City Council not less than ten (10) days from the service
of said notice. No portion of the license fee paid shall be returned upon revocation.
606.18. 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 of this Code.
FRIDLEY CITY CODE
CHAPTER 607. ENTERTAINMENT LICENSE
607.01. ENTERTAINMENT DEFINED
Entertainment as herein used is defined to include, but not be limited to, music, singing, plays,
dancing either by the public or performers, motion pictures, exposition, performance male or
female reviews, fashion shows, TV other than regular public channels, concerts, or any other
deliberate act intended to amuse or entertain patrons and/or employees.
607.02. ENTERTAINMENT LICENSE REQUIRED
1. No persons operating an establishment in the business of selling or permitting to be displayed
or consumed an intoxicating liquor or non- intoxicating malt liquor shall permit any entertainment
on the premises without having secured a license to permit such entertainment from the City
Council.
2. Licenses issued pursuant to this Chapter are not transferable between persons. Such licenses
may, however, be transferred to a new location under the same ownership upon approval by the
City Council.
3. Entertainment licenses and fees shall be in addition to any licenses required for the
establishment's operations. The annual license fee and expiration date shall be as provided in
Chapter 11 of this Code.
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607.03. RESTRICTIONS
Holders of an entertainment license shall be subject to all the regulations and restrictions
contained in this Code and any violation may be grounds for the cancellation of said license if the
City Council shall so determine.
607.04. ENTERTAINMENT PROHIBITIONS
It shall be unlawful and no entertainment license shall be held at any establishment in which any
person is allowed to:
1. Remain in or upon the premises who exposes to public view any of his/her genitals or anus,
except when the genitals or anus are covered with opaque clothing.
2. Perform or simulate sexual acts, or make physical contact with another's sexual parts of the
human body.
3. Show films, or other visual reproduction depicting entertainment which if done by a person
on the premises would be prohibited by this Chapter.
4. Expose to public view any portion of the female breast below the top of the areola except
where the female breasts are covered with opaque material.
607.05. BONDS
1. Each application for an "on-sale", "off-sale" liquor license or on-sale" wine license shall be
accompanied by a surety bond in the amount of $3,000.00 running to the City of Fridley, or in lieu
thereof, cash or United States Government bonds of equivalent market value, as provided in
Minnesota Statutes, Section 340.12. The bond shall be in effect for the period covered by the
license.
2. The bond's conditions are as follows:
A. The licensee will obey the laws relating to the licensed business.
B. The licensee will pay to the City, when due, all taxes, licenses, penalties, and other charges.
C. In the event of any violation of any liquor laws, the bond shall be forfeited to the City, as
obligee.
3. Bonds for "on-sale" licenses shall be filed with the City Clerk and approved by the City Council.
Bonds for "off-sale" licenses and lion-sale" wine licenses shall be filed with the City Clerk and
approved by the City Council and the Commissioner of Public Safety.
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4. All bonds shall be for the benefit of the City, as obligee, and all persons suffering damages by
reason of the violation of the conditions of 607.05.2. Upon forfeiture of the bond for violation of
the law the District Court of Anoka County may forfeit the bond's penal sum or any part thereof
to the City.
5. Operation of a licensed business without having on file at all times with the City of Fridley
effective security as required above shall be grounds for immediate revocation of the license. (Ref.
810)
607.06. LIABILITY INSURANCE
1. Every person licensed to sell at retail intoxicating liquor or non-intoxicating malt liquor at
on-sale or off-sale or on-sale wine shall, after August 1, 1983, demonstrate proof of financial
responsibility with regard to liability imposed by Minnesota Statutes, Section 340.95, to the City
Clerk as a condition of the issuance or renewal of his or her license. Proof of financial responsibility
may be given by filing:
A. A certificate that there is in effect for the period covered by the license an insurance policy
or pool providing the following minimum coverages:
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(1) $50,000 because of bodily injury to any one person in any one occurrence and,
subject to the limit for one person, in the amount of $100,000 because of bodily
injury to two or more persons in any one occurrence, and in the amount of $10,000
because of injury to or destruction of property of others in any one occurrence.
(2) $50,000 for loss of means of support of any one person in any one occurrence, and,
subject to the limit for one person, $100,000 for loss of means of support of two or
more persons in one occurrence; or
B. A bond of a surety company with minimum coverages as provided in clause (A) above, or
C. A certificate of the State Treasurer that the licensee has deposited with the State Treasurer
$100,000 in cash or securities which may legally be purchased by savings banks or for trust
funds having a market value of $100,000.
2. A liability insurance policy required by Section 607.06.1 shall provide that it may not be
canceled for any cause, either by the insured or the insurance company without first giving ten
(10) days notice to the City of Fridley in writing of the intention to cancel it, addressed to the City
Clerk of the City of Fridley.
3. A liability insurance policy required by Section 607.06.1 shall provide that the insurance
company agrees to contact the City of Fridley in writing and addressed to the City Clerk of the
City of Fridley, within ten (10) days of any claim made against the policy.
4. A liability insurance policy required by Section 607.06.1 that contains annual aggregate limits
of liability shall require the insured to buy additional coverage after any claim is made that reduces
the coverage under the policy below the requirements of Section 607.06.1.
5. The operation of a retail intoxicating or non-intoxicating malt liquor business at on-sale or
off-sale or on-sale wine, without having on file at all times with the City of Fridley the liability
insurance policy or other evidence of financial responsibility required under Section 607.06.1 shall
be grounds for immediate revocation of the license. Notice of cancellation of a current liquor
liability policy serves as notice to the licensee of the impending revocation and unless evidence
of compliance with the financial responsibility requirements of Section 607.06.1 is presented to
the City Clerk before the termination is effective, the license will be revoked instantly upon the
lapse.
6. The City Clerk shall submit the provided proof of financial responsibility to the Commissioner
of Public Safety.
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607.07. PENALTIES
1. Every person who produces promotes, prepares, solicits, manages, directs or participates in
any entertainment contrary to the provisions of this Chapter shall be guilty of a misdemeanor and
subject to all penalties provided for such violation under the provisions of Chapter 901 of this
Code.
2. Violation of this Chapter shall be grounds for revocation or suspension of any and all licenses
held on such premises.
FRIDLEY CITY CODE
CHAPTER 609. LIQUOR CATERERS REGISTRATION AND EVENT NOTIFICATION
609.01. DEFINITIONS.
The following definitions shall apply in the interpretation and application of this Chapter. The
following words and terms, wherever they occur in this Chapter, are defined as follows:
1. Liquor Caterer. A brewpub or restaurant that holds both an on-sale intoxicating liquor
license issued by any Minnesota municipality and a catererÔs permit issued by the State of
Minnesota that serves prepared meals and alcohol at an event at a site other than the
premises for which the holderÔs on-sale intoxicating liquor license is issued.
2. Liquor Catered Event. A private social gathering whereby a public or private party
contracts with a Caterer to provide food and alcohol in the City at a site other than the
premises for which the on-sale intoxicating liquor license is issued.
3. Event Center. An event center is an establishment that leases or rents space to public or
private organizations or parties who contracts, or allows parties to contract, with a licensed
liquor caterer licensed by the State to provide food and alcohol in the City at a site other
than the premises for which the on-sale intoxicating liquor license is issued.
609.02. LIQUOR CATERER REGISTRATION.
The holder of a state catererÔs permit issued under the provision of Minnesota Statutes Section
340A.404, Subd. 12, shall register to operate under said catererÔs permit in the City using a form
provided by the city clerk. The form may contain the business name, address, phone, e-mail
address, contact name and other information deemed necessary by the city clerk or public safety
director. A catererÔs registration must be approved by the public safety director, or designee. A
liquor caterer shall be hereinafter referred to as ÑcatererÒ.
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The registration under this section shall expire on April 30 of each year.
609.03. CONDITIONS OF REGISTERED LIQUOR CATERER.
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Events that are catered in the City in accordance with Minnesota Statutes 340A.404, Subd. 12, and
this chapter of the City code shall comply with the following conditions:
1. A caterer shall keep a record of each event they provide services for in the City. The record
shall contain:
A. the contract;
B. information about each event as required by the event notification; and
C.the gross amount of food and liquor sales showing that the sale of intoxicating liquor
was incidental to the sale of food.
The records shall be made available to authorized city staff upon request.
2. A caterer shall staff the event with at least one employee from the original licensed
establishment.
3. All servers of alcohol at a catered event shall be at least eighteen (18) years of age and
employees of the licensed establishment.
4. A caterer shall complete an ÑEvent Notification PermitÒ at least ten (10) business days
before the event.
5. No sale of alcoholic beverages is permitted after 1:00 a.m.
6. The property owner shall give consent to a caterer to submit to and facilitate any site
inspections by police, fire or the regulatory agency for the enforcement of the registration
or the event.
7. Both state license and city registration permit must be available for display upon request
of any law enforcement officer or investigator.
8. If an event is to be held outside, the applicant shall define the premises to which the
alcohol will be confined to a particular area.
9. The caterer shall maintain adequate security for all its catered events in the City. The
caterer may coordinate security with the host facility.
10. Holders of a caterers permit licensed under this Chapter shall comply with all provisions
of the Minnesota Statutes, ordinances and rules governing the retail sales of alcoholic
beverages.
609.04. EVENT NOTIFICATION PERMIT.
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1. A registered caterer shall submit an event notification permit for each event at least ten
(10) business days prior to the event. Each event permit must be approved by the public
safety director or designee.
2. The event notification permit form may contain information deemed necessary by the city
clerk or public safety director including but not limited to the following:
A. The name of the event;
B. The location of the event;
C. The time and date of the event;The event contact name and phone number;
D. The estimated number of guests;
E.The type of liquor to be served; and
F. The estimated gross food to liquor sales.
3. No single location in the City shall have a single catered event lasting more than three (3)
consecutive days, unless the permit is issued in connection with a civic event or community
festival.
4. The Director of Public Safety or designee may terminate any permitted catered event that
disturbs the peace, quiet or repose of surrounding residential or commercial areas or that
results in disorderly behavior, noise, traffic, litter or parking problems at the eventÔs
location or in the area near the eventÔs location.
609.05. FEES.
The annual fee for the caterer registration and event notification permit shall be listed in Section
11.10 of this Code.
609.06. DENIAL, SUSPENSION OR REVOCATION OF REGISTRATION.
A catererÔs application for registration may be denied or a catererÔs registration may be suspended
or revoked without a refund for any of the following reasons:
1. Any violations of the provisions set forth in this chapter of the City Code or Minnesota
Statutes Chapter 340A by the registrant, its employees, agents or servants. Such violations
occurring on the premises being catered shall be just cause and subject them to civil,
criminal or administrative action.
2. The operation of an event has unreasonably disturbed the peace, quiet or repose of
surrounding residential or commercial areas.
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3. The operation of an event has contributed to crime, disorderly behavior, noise, traffic, litter
or parking problems in the area near the eventÔs location.
4. RegistrantÔs refusal to supply its records, books of account, and contract pertaining to an
catered event set forth in this section.
5. Failure to maintain adequate security for its catered event in the City.
6. Failure to register as a caterer with the City or provide information on a catered event.
7. Any other good cause related to the operation of the business or venue.
609.07. ADMINISTRATIVE OFFENSES.
1. Administrative Civil Penalties: Administrative offense procedures established pursuant to
this chapter are intended to provide the public and the City with an informal, cost effective, and
practical alternative to traditional criminal charges for violations of this ordinance. The procedures
are intended to be voluntary on the part of those who have been charged with administrative
offenses.
2. Every caterer shall be responsible for the conduct of its employees while off-site of their
licensed premises and any sale or other disposition of any intoxicating liquor, 3.2% malt liquor,
beer or wine by an employee to any person under twenty-one (21) years of age shall be considered
an act of the caterer for purposes of imposing an administrative penalty, license suspension, or
revocation.
C. Individual. At any time prior to the payment of the administrative penalty as is
provided for hereafter, the individual may withdraw from participation in the
procedures in which event the City may bring criminal charges in accordance with law.
Likewise, the City, at its discretion, may bring criminal charges in the first instance. In
the event an individual participates in the administrative offense procedures but does
not pay the monetary penalty which may be imposed, the City will seek to collect the
costs of the administrative offense procedures as part of a subsequent criminal
sentence in the event the party is charged and is adjudicated guilty of the criminal
violation.
D. Caterer. At any time prior to the payment of the administrative penalty as is provided
for hereafter, the caterer may withdraw from participation in the procedures in which
event the City may permanently revoke the registration issued to the caterer under this
Chapter in accordance with law. Likewise, the City, in its discretion, may revoke the
registration issued to the caterer under this Chapter in the first instance. In the event
a caterer participates in the administrative offense procedures but does not pay the
monetary penalty which may be imposed, the City will suspend the registration issued
to the caterer under this Chapter in accordance with section 603.26.B of this ordinance.
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3. Notice. Any officer of the CityÔs police department shall, upon determining there has been
a violation, notify the violator of the violation. Said notice shall set forth the nature, date and time
of violation, the name of the officer issuing the notice and the amount of the scheduled penalty.
In addition, said notice of violation shall be sent to the municipality who issued the liquor license
to the caterer.
4. Payment. Once such notice is given, the alleged violator may, within twenty (20) days of
the time of issuance of the notice, pay the amount set forth on the notice,; or may request a
hearing in writing, as provided for hereafter. The penalty may be paid in person or by mail, and
payment shall be deemed to be an admission of the violation.
5. Hearing. Any person contesting an administrative offense pursuant to this Chapter may
request a hearing before the hearing examiner. Such request shall be filed in writing with the
office of the public safety director within twenty (20) days of the offense. The public safety director
shall notify the hearing examiner, who will notify the person contesting and the licensee of the
date, time, and place of hearing. The hearing shall be conducted no more than twenty (20) days
after the hearing examiner receives notice of the request, unless a later date is mutually agreed
to by the hearing examiner, the caterer, the person contesting and the City. Within ten (10) days
after such hearing, the hearing examiner shall affirm, repeal, or modify the charge against the
caterer or the person contesting. Any person aggrieved by the decision of the hearing examiner
may appeal with the public safety director within twenty (20) days of receiving notice of the
hearing examinerÔs decision. At its next available regular meeting following the filing of a notice
of appeal, the Council shall review the decision and findings of fact of the hearing examiner and
shall affirm, repeal or modify that decision.
6. Hearing Examiner. The position of hearing examiner is hereby created. At the discretion
of the city manager and with the approval of the Council, may contract with third parties for the
furnishing of all services of the hearing examiner as contained in this Section and set the rate of
compensation therefore.
7. Qualifications. The hearing examiner shall be an individual trained in law; however, it shall
not be required that the hearing examiner be currently licensed to practice law in the State of
Minnesota.
8. Duties: The hearing examiner shall have the following duties:
E. Set dates and hear all contested cases.
F. Take testimony from all interested parties.
G. Make a complete record of all proceedings including findings of fact and conclusions of
law.
H. Affirm, repeal or modify the penalty accessed.
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9. Failure to Pay. In the event an individual employed by the caterer charged with an
administrative penalty fails to pay the penalty, the individual will be charged with the criminal
offense. If a caterer fails to pay the penalty, the Council will suspend the registration issued to the
caterer under this Chapter.
10. Disposition of Penalties. All penalties collected pursuant to this Chapter shall be paid to
the CityÔs treasurer and will be deposited in the CityÔs general fund.
609.08. VIOLATIONS.
1. Administrative Civil Penalties: Individuals. Any person in the employ of a licensee who
sells any intoxicating liquor, 3.2% malt liquor, beer or wine to a person under the age of twenty-
one (21) years is subject to an administrative penalty; and any person under the age of twenty-
one (21) years who attempts to purchase any intoxicating liquor, 3.2% malt liquor, beer or wine
from a licensee is subject to an administrative penalty. The administrative penalties are as follows:
First violation. The penalty for the first violation is $250.00.
Second violation within 12 months. The penalty for the second violation is $500.00.
Third violation within 12 months. The penalty for the third violation is $750.00.
2. Administrative Civil Penalties; Caterer. If a caterer or an employee of a caterer is found to
have sold any intoxicating liquor, 3.2% malt liquor, beer or wine to a person under the age of
twenty-one (21) years, the caterer shall be subject to an administrative penalty as follows:
First violation. The penalty for the first violation is $500.00. If the fine is not paid within 20 days
the City may suspend the registration issued to the caterer under this Chapter for a period not to
exceed 10 days
Second violation within 12 months. The penalty for the second violation is $1000.00. If the fine
is not paid within 20 days the City may suspend the registration issued to the caterer under this
Chapter for a period not to exceed 30 days.
Third violation within 12 months. The city may permanently revoke the registration issued to the
caterer under this Chapter.
3. Defense. It is a defense to the charge of selling intoxicating liquor, 3.2% malt liquor, beer
or wine to a person under the age of twenty-one (21) years, that the licensee or individual, in
making the sale, reasonably and in good faith relied upon representation of proof of age
described in State Statute Section 340A.503. Subd. 6, paragraph (a).
4. Exemption. A person, no younger than 18 and no older than 20, may be enlisted to assist
in the tests of compliance. The person shall at all times act only under the direct supervision of a
law enforcement officer or an employee of the licensing department, or in conjunction with a
compliance check effort that has been pre-approved by the Fridley Police department. A person
who purchases or attempts to purchase intoxicating liquor, 3.2% malt liquor, beer or wine while
in this capacity is exempt from the penalties imposed by subdivision A above.
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5. Revocation. The City Council has the authority to revoke any registration as noted in
Section 11.09 of this Code.
609.9. PENALTIES.
Any violation of this Chapter is a misdemeanor and is subject to all penalties provided for such
violation under the provisions of Chapter 901 of this Code.
FRIDLEY CITY CODE
CHAPTER 610. LIQUOR MANUFACTURERS
610.01. STATE LAW ADOPTED
The provisions of Minnesota Statutes Chapter 340A, commonly known as the Liquor Act, are
adopted and made part of this Chapter as if set out in full. Whenever there is an inconsistency
between the provisions of Minnesota Statutes Chapter 340A and the provisions of this Chapter,
the more restrictive provision shall govern, where allowed by State law.
610.02. DEFINITIONS
The following definitions shall apply in the interpretation and application of this Chapter and the
following words and terms, wherever they occur in this Chapter, are defined as follows:
1. Brew Pub. A Ñbrew pubÒ is a brewer who holds a municipal retail on- or off-sale license in
conjunction with a restaurant and who manufacturers fewer than 3,500 barrels of malt liquor
in a year, at any one or more licensed premises as permitted in Minnesota Statutes 340A.24.
2. Brewer. A ÑbrewerÒ is a person who manufacturers malt liquor for sale and holds a Brewers
License issued by the State of Minnesota.
3. Brewer Taproom. ÑBrewer taproomÒ is a facility on or adjacent to the licensed brewery which
allows for the on- or off-sale of malt liquor produced by the brewer.
4. Commissioner. ÑCommissionerÒ is the Commissioner of the Minnesota Department of Public
Safety.
5. Distilled Spirits. ÑDistilled spiritsÒ is ethyl alcohol, hydrated oxide of ethyl, spirits of wine,
whiskey, rum, brandy, gin, and other distilled spirits, including all dilutions and mixtures
thereof, for non-industrial use.
6. 3.2% Malt Liquor. Ñ3.2% malt liquorÒ is malt liquor containing not less than one-half of one
percent alcohol by volume and no more than 3.2 percent alcohol by weight.
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7. Malt Liquor. ÑMalt liquorÒ is any beer, ale, or other beverage made from malt by fermentation
and containing not less than one-half of one percent alcohol by volume.
8. Manufacturer. ÑManufacturerÒ is a person who, by a process of manufacture, fermenting,
brewing distilling, refining, rectifying, blending or by the combination of different materials
prepares or produces intoxicating liquor for sale.
9. Microdistillery. ÑMicrodistilleryÒ is a distillery operated within the state producing premium,
distilled spirits in total quantity not to exceed 40,000 proof gallons in a calendar year.
10. Microdistillery Cocktail Room. ÑMicrodistillery cocktail roomÒ is a facility on or adjacent to the
licensed distillery which allows for the on- or off-sale of distilled liquor produced by the
distiller.
11. Off-sale. ÑOff-saleÒ is the sale of alcoholic beverages manufactured on site in original
packages for consumption off the licensed premises only.
12. On-sale. ÑOn-saleÒ is the retail sale of alcoholic beverages manufactured on site for
consumption on the licensed premises.
13. Original Package. ÑOriginal PackageÒ is a container or receptacle holding alcoholic beverages
which is sealed, capped or corked by a manufacturer on the licensed premises.
610.03. LIQUOR MANUFACTUER LICENSE
No manufacturer may directly or indirectly manufacture malt liquor or intoxicating liquor without
first obtaining zoning approval from the City. After the manufacturer has obtained approval from
the City, they must then obtain the appropriate state and federal licenses or permits to operate
as a manufacturer as defined in Minnesota Statutes Section 340A.301.
No manufacturer, to the extent authorized under Minnesota state law, shall directly or indirectly
operate a brewer taproom or microdistillery cocktail room without having obtained a City license
to do so as provided for in this Chapter.
No single entity may hold both a microdistillery cocktail room and brewer taproom license.
A microdistillery cocktail room and brewer taproom may not be co-located within a single entity.
The following licenses shall be issued by the City to manufacturers:
1. Brewery Retail Liquor License.
A brewer licensed under Minnesota Statute 340A.301 may be issued an on-sale brewer taproom
license, a small brewer off-sale license, or a brew pub off-sale license for the sale of malt liquor
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produced and packaged on the licensed premises which may also be sold to other bars,
restaurants and off-sale liquor stores if permitted by State law and issued a license by the State.
A. Brewer Taproom on-sale license.
(1) A brewer taproom On-sale License authorizing the on-sale of malt liquor produced by
the brewer for consumption on the premises or adjacent to one brewery location
owned by the brewer may be approved by the City Council under Minnesota Statute
Section 340A.26.
(2) A brewer may only have one brewer taproom license for malt liquor produced by the
brewer and may not have an ownership interest in a brew pub.
(3) A brewer tap room license may not be issued 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 250,000 barrels of malt liquor annually.
(4) Once the brewer taproom license is approved by the City Council, the city clerk shall,
within ten days of the issuance of the license, inform the Commissioner of the
licenseeÔs name, address, trade name and effective date and expiration date of the
license. The City shall also inform the Commissioner of a license cancellation,
suspension or revocation during the license period.
(5) The brewer taproom on-sale of malt liquor produced by the brewer shall be limited to
the legal hours for on-sale malt liquor in the City. No sale of malt liquor on-sale shall
be made:
(a) between the hours of 1:00 am and 8:00 a.m. on the days of Monday through
Saturday, nor between 1:00 am and 8:00 a.m. on Sunday.
(b) between the hours of 8:00 p.m. December 24th and 8:00 a.m. on December 26th
without the Holiday Endorsement as defined in Section 602.09 and 603.11 of the
City Code.
(c) Between the hours of 1 am and 2 am on the days of Monday through Sunday
without the Late Night Endorsement as defined in Section 602.09 and 603.11 of
the City Code.
(6) The sale of malt liquor produced by the brewer shall be limited to the brewer taproom
and may not be taken outdoors unless a Patio Endorsement, defined in Section 610.14
of this Code, has been obtained.
B. Small Brewer Off-Sale License
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(1) A Small Brewer Off-Sale License authorizing the sale of malt liquor produced and
packaged by the brewer for consumption off the premises may be approved by the
City Council.
(2) A brewer may only have one small brewer license for malt liquor produced and
packaged by the brewer.
(3) The amount of malt liquor produced and packed by the brewer and sold off-sale may
not exceed 500 barrels annually.
(4) The malt liquor produced and packaged by the brewer and sold off-sale must be
removed from the premises before the applicable off-sale closing time in the City.
(5) The packaging of malt liquor produced by the brewer for off-sale must comply with
Minnesota Statute Section 340A.285.
(6) A license may not be issued to a small 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.
(7) Once the license is approved by the City Council, the city clerk shall, within ten days of
the issuance of the license, inform the Commissioner of the licenseeÔs name, address,
trade name and effective date and expiration date of the license. The City shall also
inform the Commissioner of a license cancellation, suspension or revocation during
the license period.
(8) The off-sale of malt liquor produced and packaged by the brewer shall be limited to
the legal hours for off-sale malt liquor in the City. No sale of malt liquor off-sale,
except as allowed in Minnesota Statute Section 240A.28, shall be made:
(a) between the hours of 10:00 pm and 8:00 a.m. on the days of Monday through
Sunday.
(b) between the hours of 8:00 p.m. December 24th and 8:00 a.m. on December 26th
without a Holiday Endorsement as defined in Section 602.09 and 603.11 of the City
Code.
C. Brew Pub Off-Sale License
(1) A brew pub that holds an on-sale license issued under Fridley City Code Section 603.02
may hold a license for the off-sale of malt liquor produced and packaged on the brew
pubs licensed premises if approved by the City Council.
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(2) The malt liquor produced and packaged by the brewer and sold off-sale by the brew
pub must not be consumed onsite and must be removed from the premises before
the applicable off-sale closing time in the City.
(3) The packaging of malt liquor produced by the brewer on the licensed premises for off-
sale by the brew pub must comply with Minnesota Statute Section 340A.285.
(4) A brew pubs total retail sales at on- or off-sale under this section may not exceed 3,500
barrels annually, provided off-sales may not total more than 500 barrels annually.
(5) A brew pub licensed under this section to sell malt liquor off-sale may not be licensed
as an importer under Minnesota Statutes Section 340A.302.
(6) Once the brew pub off-sale license is approved by the City Council, the city clerk shall,
within ten days of the issuance of the license, inform the Commissioner of the
licenseeÔs name, address, trade name and effective date and expiration date of the
license. The City shall also inform the Commissioner of a license cancellation,
suspension or revocation during the license period.
(7) The off-sale of malt liquor produced and packaged on the brew pubÔs licensed premise
shall be limited to the legal hours for off-sale malt liquor at exclusive liquor stores
within the City. No sale of malt liquor off-sale, except as allowed in Minnesota Statute
Section 340A.24, shall be made:
(a) between the hours of 10:00 pm and 8:00 a.m. on the days of Monday through
Sunday.
(b) between the hours of 8:00 p.m. December 24th and 8:00 a.m. on December 26th
without a Holiday Endorsement as defined in Section 602.09 and 603.11 of the City
Code.
2. Microdistillery Retail License
A microdistillery licensed under Minnesota Statute Section 340A.301 may be issued an on-sale
cocktail room license and an off-sale license for the sale of intoxicating liquor produced and
packaged on the licensed premises. The intoxicating liquor produced and packaged on the
licensed premises may also be sold to other bars, restaurants and off-sale liquor stores if permitted
by State law and issued a license by the Commissioner.
A. On-Sale Microdistillery Cocktail Room License
(1) A microdistillery cocktail room license authorizing the on-sale of intoxicating liquor
produced by the microdistillery for consumption on the premises or adjacent to one
distillery location owned by the distiller may be approved by the City Council under
Minnesota Statute Section 340A.26.
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(2) A microdistillery may only have one microdistillery cocktail room license and may not
have an ownership interest in a distillery licensed under Minnesota Statute Section
340A.301.
(3) No license may be issued if the microdistiller seeking the microdistillery cocktail room
license or exercising control over the microdistillery seeking the license is a
microdistiller that produces more than 40,000 proof gallons of premium, distilled
spirits annually.
(4) Once the microdistillery cocktail room license is approved by the City Council, the city
clerk shall, within ten days of the issuance of the license, inform the commissioner of
the licenseeÔs name, address, trade name and effective date and expiration date of the
license. The city clerk shall also inform the state of a license cancellation, suspension
or revocation during the license period.
(5) The on-sale of intoxicating liquor produced and packaged by the microdistillery for
consumption on the licensed premises shall be limited to the legal hours for on-sale
intoxicating liquor in the City. No on-sale of intoxicating liquor shall be made:
(a) between the hours of 1:00 a.m. and 8:00 a.m. on the days of Monday through
Saturday;
(b) after 1:00 a.m. on Sundays unless the licensee is considered a restaurant with a
seating capacity for at least 30 persons and which holds a Sunday on-sale license
authorizing them to sell intoxicating liquor for consumption on the premises in
conjunction with the sale of food between the hours of 8:00 a.m. on Sundays and
1:00 a.m. on Mondays;
(c) between the hours of 8:00 p.m. December 24th and 8:00 a.m. on December 26th
without a Holiday Endorsement as defined in Section 603.11 of the City Code.
(d) Notwithstanding the foregoing, the sale of intoxicating liquor for consumption
may occur on a licensed premise between the hours of 1:00 a.m. and 2:00 a.m. if
the licensee has been granted by the city a Late Night License Endorsement for
that license as defined in Section 603.11 of the City Code.
(6) The on-sale of intoxicating liquor produced by the microdistillery shall be limited to
the microdistillery cocktail room and may not be taken outdoors unless a Patio
Endorsement, defined in Section 610.14 of this Code, has been obtained.
B. Microdistillery Off-Sale License
(1) A microdistillery off-sale license authorizing the sale of intoxicating liquor produced
and packaged by the distiller for consumption off the premises may be approved by
the City Council.
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(2) A distiller may only have one microdistillery license for intoxicating liquor produced
and packaged by the distiller.
(3) The intoxicating liquor produced and packaged by the distiller and sold off-sale must
be removed from the premises before the applicable off-sale closing time in the City.
(4) The license may allow the sale of one 375 milliliter bottle per customer per day of
product manufactured on-site. No brand may be sold at the microdistillery unless it is
also available for distribution by wholesalers.
(5) Once the microdistillery off-sale license is approved by the City Council, the city clerk
shall, within ten days of the issuance of the license, inform the Commissioner of the
licenseeÔs name, address, trade name and effective date and expiration date of the
license. The City shall also inform the Commissioner of a license cancellation,
suspension or revocation during the license period.
(6) The microdistillery may not sell intoxicating liquor off-sale:
(a) on Sundays;
(b) before 8:00 am or after 10 pm on Monday through Saturday
(c) on Thanksgiving Day
(d) after 8 pm on Christmas Eve, December 24; or
(e) on Christmas Day, December 25;
610.04. APPLICATION
Every application for a license from a manufacturer to sell malt liquor or intoxicating liquor off- or
on-sale shall be filed with the City Clerk. In addition to the information which may be required by
the Commissioner, the application shall contain the following information:
1. Whether the applicant is a person, corporation, partnership, or other form of organization.
2. The type of license the applicant seeks.
3. Individual Information:
A. True name, place and date of birth, and home address.
B. Whether the applicant has ever used, or been known by, a name other than the applicant's
true name and, if so, what was such name(s) or aliases, and the information concerning
dates and places where used.
C. The name of the business if it is to be conducted under a designation other than the full
individual name of the applicant. If it is a different designation, a copy of the certification,
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as required by Minnesota Statutes Chapter 333, certified by the Secretary of State, shall be
attached to the application.
D. Whether the applicant is married or single. If married, true name, place and date of birth,
and home address of applicant's present spouse.
E. Whether applicant and present spouse are registered voters and, if so, where.
F. Home addresses at which applicant and present spouse have lived during the preceding
ten (10) years.
G. Kind, name and location of every business, or occupation, applicant or present spouse
have been engaged in during the preceding ten (10) years.
H. Names and addresses of applicants and spouse's employers and partners, if any, for the
preceding ten (10) years.
I. Whether applicant or spouse, or a parent, brother, sister, or child of either of them has
ever been convicted of any felony, crime or violation of any ordinance, other than traffic.
If so, the applicant shall furnish information as to the time, place and offense for which
convictions were had and to whom.
J. Whether applicant or spouse, or a parent, brother, sister, or child of either of them is or
has ever been engaged as an employee or in owning and operating a hotel, restaurant,
cafe, tavern or other business of a similar nature. If so, applicant shall furnish information
as to the date, place and length of time.
K. Whether applicant has ever been in military service. Applicant shall specify the date and
type of discharge.
4. Partnership Information:
A. The names and home addresses of all partners.
B. All information concerning each partner as is required of a single applicant in Section
610.04.3 above.
C. A managing partner, or partners, shall be designated.
D. The interest of each partner in the business shall be disclosed.
E. A true copy of the partnership agreement shall be submitted with the application.
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F. If the partnership is required to file a certificate as to a trade name under the provisions
of Chapter 333, Minnesota Statutes, a copy of such certificate certified by the Secretary of
State shall be attached to the application.
5. Corporation or Other Organization Information:
A. Name of corporation and trade name.
B. If incorporated, date and state of incorporation.
C. A true copy of:
(1) the Corporation's Certificate of Incorporation;
(2) Articles of Incorporation or Association Agreement;
(3)By-laws; and
(4) If a foreign corporation, a Certificate of Authority as described in Minnesota Statutes
Chapter 303.
D. The name of the manager or proprietor or other agent in charge of the premises to be
licensed along with all of the information about said individual as is required of a single
applicant in Section 610.04.3 above.
E. Notwithstanding the definition of interest as given in Section 610.04, the application shall
contain a list of all persons who, singly or together with their spouse, or a parent, brother,
sister or child or either of them, own or control an interest in said corporation or
association in excess of 5% or who are officers of said corporation or association, together
with their addresses and all information as is required of a single applicant in Section
610.04.3 above.
6. The street address where the sale of malt liquor or intoxicating liquors is to be conducted and
a floor plan of the room where liquor is to be sold or consumed showing the seating area and the
number of persons intended to be seated in the room.
7. A copy of the state and federal permits showing in what name the permit was issued and the
nature of the permit.
8. The amount of the investment that the applicant has in the business, building, premises,
fixtures, furniture, stock in trade, etc., and proof of the source of such money.
9. The names and addresses of all persons, other than the applicant, who have any financial
interest in:
(a) the business; the buildings; premises; fixtures; and furniture;
(b) stock in trade and the nature of such interest;
(c) the amount of financial interest thereof; and
(d) the terms for payment or other reimbursement.
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This shall include, but not be limited to, any lessees, lessors, mortgagees, lenders, lienholders,
trustees, trustors, and persons who have co-signed notes or otherwise loaned, pledged, or
extended security for any indebtedness of the applicant.
10. The names, residences and business addresses of three (3) persons of good moral character,
not related to the applicant or financially interested in the premises or business, who may be
referred to as to the applicant's character or, in the case where information is required of a
manager, the manager's character.
11. Documentation showing all real estate, special assessments, utility payments, and personal
property taxes for the premises to be licensed which are due and payable have been paid.
610.05. EXECUTION OF APPLICATION
1. If the application is from an individual, it shall be signed and sworn to by such individual.
2. If the applicant is from a corporation, it shall be signed and sworn to by an officer of that
corporation.
3. If the application is from a partnership, the application shall be signed and sworn to by
one of the partners thereof. The application, license and insurance policy shall be made
and issued in the name of all partners.
4. If the application is from an unincorporated association, the application shall be signed
and sworn to by the manager or managing officer thereof.
610.06. MANAGERIAL LICENSE
1. No person shall work as a manager of a premises licensed under this Chapter, and no licensee
shall permit any such person to be so employed, unless such person, within seven (7) days after
first being so employed, shall apply for a license to engage in such business. No persons may be
so employed for any length of time if their license is denied or revoked.
2. An application for such license shall be filed with the City Clerk upon forms provided by the
City and such application shall be verified under oath and shall contain the following information:
A. The names and addresses of two (2) residents who have known the applicant for a period
of two (2) years and who will vouch for the sobriety, honesty, and general good character
of the applicant.
B. A concise history of the applicant's previous employment.
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C. The record, if any, of arrests and of convictions for crimes and misdemeanors other than
traffic offenses.
3. The annual license fee and expiration date shall be provided in Chapter 11 of this Code.
Application for renewal of an existing license shall be made at least 15 days prior to the date of
the expiration of the license on such form as the City Council may approve.
4. The application shall be referred to the Police Department which shall investigate the facts set
forth in the application and make a written report thereon at the earliest practicable time. If the
Police Department recommends that such person be licensed, the City Clerk shall issue the license
forthwith. If the Police Department makes a recommendation that the license not be issued, the
applicant, upon request, shall be entitled to a hearing before the City Council and may offer
evidence to prove the license should be issued.
5. No persons shall be issued a license if it appears that they had committed an act which is a
willful violation of Minnesota Statutes Chapter 340A.
6. Any license issued hereunder may be revoked for any violation of this Chapter or of Minnesota
Statutes Chapter 340A or for conviction of any crime or misdemeanor involving moral turpitude.
610.07. GRANTING OF LICENSES
1. Initial Licenses
A. Upon receipt of a completed application and fee, the city clerk shall forward the
application to the public safety director, or designee, for verification and investigation of
the facts set forth in the application. The public safety director or designee shall complete
such investigation and make a written recommendation and report to the city clerk. The
report shall include a list of all violations of any federal, state or municipal law.
B. After receipt of the written report, the city clerk shall forward the application to the fire
department and building inspections department for their review and comment.
C. Within twenty (20) days after the receipt of the public safety directorÔs written report, the
city clerk shall cause to be published a Notice of Public Hearing regarding the license
application in the official newspaper at least ten (10) days in advance of the public hearing.
The Notice shall include the date, time and place of the public hearing, the name of the
applicant, the address of the premises to be licensed, and the nature of the business. The
city clerk shall prepare a written report to the city council for the public hearing which shall
include the director's report and any comments the fire and building inspections
departments may have.
D. At the time of the public hearing, opportunity shall be given to any person to be heard for
or against the granting of the license. If additional information is required, the city council
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may continue the public hearing as it may deem advisable, within a reasonable amount of
time. The city council may thereafter grant or deny the application in its discretion.
E. The city clerk shall, within ten (10) days after the issuance of any license under this Chapter,
submit the required documentation to the Commissioner. The city clerk shall also submit
to the Commissioner any change of address, cancellation or revocation of any license by
the City Council during the license period.
F. Each license is issued to the applicant at the premises described in the application. No
license may be transferred to another person, partnership, or corporation, or to any other
location.
G. Where a license is granted to a premise where the building is under construction or
otherwise not ready for occupancy, the city clerk shall not issue the license until a
Certificate of Occupancy has been issued. The building inspection department shall notify
the city clerk that the Certificate of Occupancy has been issued and the building is ready
for occupancy.
2. Renewal Licenses
A. Applications for the renewal of an existing malt liquor or intoxicating liquor license shall
be made at least 60 days prior to the date of the expiration of the license and shall be
made in an abbreviated form. If, in the judgment of the city council, good and sufficient
cause is shown by an applicant for their failure to file for a renewal within the time
provided, the city council may, if the other provisions of this Chapter are complied with,
grant the application. A review shall be made of all facts set out in the application. The
city council shall grant or refuse the application at its discretion.
B. Each license holder shall be given written notice, by mail, at least ten (10) days but not
more than thirty (30) days before the city council acts upon their license renewal. This
notice shall be in a form as designated by the city clerk and shall specify the date and time
when the renewal application will be considered by the city council. The license holder
shall be permitted an opportunity to address the city council on its license renewal
application.
610.08. LICENSE FEES.
1. Fees. The annual license fees and initial investigation fee shall be as provided in Chapter
11 of this Code.
2. Payment Required. All fees shall be paid in full at the time of the application. Upon denial
or rejection of any application for a license, the license fee shall be refunded in full for the
amount paid, with the exception of the investigative fee.
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3. Expiration; Pro Rata Fees. Every license shall expire on the last day of April of each year.
Each license shall be issued for a period of one (1) year, except that if a portion of the
license year has elapsed when the license is granted, the license shall be issued for the
remainder of the year at a pro rata fee. In computing such fee, any unexpired fraction of a
month shall be counted as one (1) month.
4. When the license is for premises where the building is not ready for occupancy, the time
fixed for computation of the license fee for the initial license period shall be ninety (90)
days after approval of the license by the City Council or upon the date the building is ready
for occupancy, whichever is sooner.
5. No transfer of a license shall be permitted from place to place or person to person.
6. At any time that an additional investigation is required because of a change in ownership
or control of a corporation or because of an enlargement, alteration, or extension of
premises previously licensed, the licensee shall pay an additional investigating fee as
provided for in Chapter 11 of the City Code.
7. Where a new application is filed as a result of incorporation by an existing licensee and
the ownership control and interest in the license are unchanged, no additional license fee
will be required.
610.09. LIABILITY INSURANCE
1. Every person licensed to sell malt liquor or intoxicating liquor at off- or on-sale shall
demonstrate proof of financial responsibility with regard to liability imposed by Minnesota
Statutes Chapter 340A, to the city clerk as a condition of the issuance or renewal of the license.
Proof of financial responsibility may be given by filing:
A. A certificate of insurance that there is in effect an insurance policy or pool providing the
following minimum coverage:
(1) $50,000 because of bodily injury to any one person in any one occurrence, and, subject
to the limit for one person, in the amount of $100,000 because of bodily injury to two
or more persons in any one occurrence, and in the amount of $10,000 because of injury
to or destruction of property of others in any one occurrence.
(2) $50,000 for loss of means of support of any one person in any one occurrence, and, subject
to the limit for one person, $100,000 for loss of means of support of two or more persons in one
occurrence; or
B. A bond of a surety company with minimum coverages as provided in clause (A) above, or
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C. A certificate of the State Treasurer that the licensee has deposited with the State Treasurer
$100,000 in cash or securities which may legally be purchased by savings banks or for trust
funds having a market value of $100,000.
2. A liability insurance policy shall provide that it may not be canceled for any cause, either by
the insured or the insurance company without first giving ten (10) daysÔ notice to the City of Fridley
in writing of the intention to cancel it, addressed to the City Clerk of the City of Fridley.
3. A liability insurance policy shall provide that the insurance company agrees to contact the City
of Fridley in writing and addressed to the City Clerk of the City of Fridley, within ten (10) days of
any claim made against the policy.
4. A liability insurance policy that contains annual aggregate limits of liability shall require the
insured to buy additional coverage after any claim is made that reduces the coverage under the
policy below the requirements.
5. The operation of a retail malt liquor or intoxicating liquor business at on- or off-sale, without
having on file at all times with the City of Fridley the liability insurance policy or other evidence of
financial responsibility shall be grounds for immediate revocation of the license. Notice of
cancellation of a current liquor liability policy serves as notice to the licensee of the impending
revocation and unless evidence of compliance with the financial responsibility is presented to the
city clerk before the termination is effective, the license will be revoked instantly upon the lapse.
6. The city clerk shall submit the provided proof of financial responsibility to the Commissioner.
610.10. BONDS
1. Each application for an off- or on-sale malt liquor or intoxicating liquor license shall be
accompanied by a surety bond in the amount of $3,000.00 running in favor of the City of Fridley,
or in lieu thereof, cash or United State Government bonds of equivalent market value, as provided
in Minnesota Statutes, Section 340.12. The bond shall be in effect for the period covered by the
license.
2. The bond's conditions are as follows:
A. The licensee will obey the laws relating to the licensed business.
B. The licensee will pay to the City, when due, all taxes, licenses, penalties, and other charges.
C. In the event of any violation of any liquor laws, the bond shall be forfeited to the City, as
obligee.
3. Bonds for Ñoff-Ñor Ñon-saleÒ licenses shall be filed with the city clerk.
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4. All bonds shall be for the benefit of the City, as obligees, and all persons suffering damages
by reason of the violation of the conditions of 610.06.2. Upon forfeiture of the bond for violation
of the law, the District Court of Anoka County may forfeit the bond's penal sum or any part thereof
to the City.
5. Operation of a licensed business without having on file at all times with the City of Fridley
effective security as required above shall be grounds for immediate revocation of the license.
610.11. PERSONS INELIGIBLE
No license shall be granted or held by any person:
1. Under twenty-one (21) years of age.
2. Who is not of good moral character and repute. If the applicant has been an owner, manager
or employee of a hotel, restaurant, cafe, tavern or other business of a similar nature, the city
council may consider the applicant's past performance record in determining whether a license
shall be granted or renewed.
3. Has had a licensed issued under this section revoked within five years of the date of the license
application, or to any person who at the time of the violation owns any interest, whether as a
holder of more than five percent of the capital stock of a corporation licensee, as a partner or
otherwise, in the premises or in the business conducted thereon, or to a corporation, partnership,
association, enterprise, business, or firm in which any such person is in any manner interested; and
4. Has been convicted within five years of the date of license application of a felony, or of a willful
violation of a federal or state law, or local ordinance governing the manufacture, sale, distribution,
or possession for sale or distribution of alcoholic beverages. The Commissioner may require that
fingerprints be taken and may forward the fingerprints to the Federal Bureau of Investigation for
purposes of a criminal history check as defined in Minnesota Statutes 340A.301.
5. To the spouse of a person ineligible for a license pursuant to the provisions of this section of
the Code or who, in the judgment of the city council, is not the real party in interest or beneficial
owner of the business operated, or to be operated, under the license.
6. Who is directly or indirectly interested in any other establishment in the City of Fridley to which
an on-sale license has been issued under Chapter 602 or 603 of this Code, with the exception for
a brew pub off-sale malt liquor license.
The term "interest" as used in this Section includes any pecuniary interest in the ownership,
operation, management or profits of a retail liquor establishment, but does not include bona fide
loans; bona fide fixed sum rental agreements; bona fide open accounts or other obligations held
with or without security arising out of the ordinary and regular course or business of selling or
leasing merchandise, fixtures or supplies to such establishment; or an interest of ten per cent
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(10%) or less in any corporation holding a license. A person who receives monies from time to
time directly or indirectly from a licensee, in the absence of a bona fide consideration therefore
and excluding bona fide gifts or donations, shall be deemed to have a pecuniary interest in such
retail license. In determining "bona fide" the reasonable value of the goods or things received as
consideration for any payment by the licensee and all other facts reasonably tending to prove or
disprove the existence of any purposeful scheme or arrangement to evade the prohibitions of this
Section shall be considered.
610.12. PLACES INELIGIBLE
1. No license shall be granted or renewed for operation on any premises on which financial
claims of the State, County or City are due, delinquent or unpaid.
3. 2. No license shall be issued for the premises owned by a person to whom a license
may not be granted under this Chapter.
3. No license shall be issued for the premises if it does not meet the required zoning conditions.
610.13. CONDITIONS OF LICENSE
Every license shall be granted subject to the condition of all sections of this Chapter and of any
other applicable provision of this Code, State or federal law, including the following:
1. The license shall be posted in a conspicuous place in the licensed establishment at all times.
2. Licensees shall be responsible for the conduct of their place of business and the conditions
of sobriety and order in the place of business and on the premises.
3. No license shall be effective beyond the space named in the license for which it was granted
4. No malt liquor or intoxicating liquor shall be sold or furnished or delivered to any
intoxicated person, to any habitual drunkard, to a person under twenty-one (21) years of age, or
to any person to whom sale is prohibited by State law.
5. Licensees shall not knowingly permit the licensed premises or any room in those premises or
any adjoining building directly or indirectly under their control to be used as a resort for
prostitutes.
6. Any police officer, or any properly designated officer or employee of the City shall have the
right to enter, inspect and search the premises of the licensee during the business hours without
a warrant.
7. No licensee shall sell, offer for sale, or keep for sale, malt liquor or intoxicating liquor in any
original package which has been refilled or partially refilled, except as allowed by Minnesota
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Statutes Section 340A.285. No licensee shall directly or through any other person delete or in any
manner tamper with the contents of any original package so as to change its composition or
alcoholic content while in the original package. Possession on the premises by the licensee of
liquor in the original package differing in composition or alcoholic content in the liquor when
produced and packaged by the manufacturer, shall be prima facie evidence that the contents of
the original package have been diluted, changed or tampered with.
8. The business records of the licensee, including federal and state tax returns, shall be available
for inspection by the city manager, or other duly authorized representative of the City or the city
council, at all reasonable times.
9. Changes in the corporate or association officers, corporate charter, articles of incorporation,
by-laws, or partnership agreement, as the case may be, shall be submitted to the city clerk within
thirty (30) days after such changes are made. Notwithstanding the definition of interest as given
in Section 610.__, in the case of a corporation, the licensee shall notify the city clerk when a person
not listed in the application acquires an interest which, together with that of spouse, parent,
brother, sister, or child, exceeds 5%, and shall give all information about said person as is required
of a person pursuant to the provisions of Section 610.11.6.
10. At the time licensees submit their applications for renewal of a license, they shall list all direct
or indirect contributions made to or on behalf of a candidate for Fridley City Councilperson or
Mayor, including, but not limited to, candidates, committees, volunteer committees, etc., for all
City elections within the last 365 days.
11. No licensee shall permit any person under the age of 18 to enter the licensed establishment
except for the purpose of performing work duties other than the serving or selling malt liquor or
intoxicating liquor, unless accompanied by a parent or guardian.
12. No licensee shall permit in any licensed establishment, or any adjoining property owned or
leased by the licensee, any boxing, wrestling, or any other form of entertainment whose primary
purpose is physical contact by striking or touching an opponent with hands, head, feet, or body.
Team sports in which physical contact is incidental to the primary purpose of the game such as
basketball, volleyball, soccer, football, baseball, hockey, and softball are not included among
activities prohibited by this section.
13. No licensee shall use or permit to be used any playing cards on the licensed premise except
that playing cards may be used during a tournament of a social skill card game as defined by
Minnesota Statute 609.761, subdivision 3, and conducted pursuant to regulations contained in
Section 603.10.23 of the city code.
610.14. PATIO ENDORSEMENT
1. Statement of Policy
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The sale of malt liquor or intoxicating liquor will be limited to the sale and consumption inside of
a structure on the licensed premises, unless the licensee applies for and receives approval from
the city council for a Patio Endorsement to allow the sale and consumption outside of a structure
on the licensed premises.
2. Regulations
M. An outdoor patio shall not be enclosed in such a manner that the air becomes indoor air
as defined by state law.
N. The patio shall be attached to the licensed premises and share at least one common wall
or side with the licensed premise building/structure. The contiguous area will not be part
of a public street, sidewalk or other public grounds.
O. If part of the parking lot is used to install an outdoor patio, the patio must share one
common wall with the licensed premise. In addition, the licensed premise must continue
to meet the parking requirements set by city code and the outdoor patio shall not affect
the circulation of traffic.
P. Access to the patio shall be directly from the licensed premise with no direct access other
than an emergency exit (exit only) equipped with an alarm, from any area other than by
passing through the normal interior public areas of the licensed premise.
Q. The patio shall be clearly delineated by a permanent installed fence, or other structure or
barrier, at least 42Ò high to prevent the ingress or egress of persons to and from the patio.
The fence shall be designed and constructed in a manner that discourages or deters the
passing of any regulated, controlled or prohibited items outside from one side of the fence
to the other side of the fence.
R. Panic and fire exit hardware shall be installed on the fence or barrier and comply with the
Minnesota Building Code.
S. Patios in direct contact with, or immediately adjacent to a parking area for motor vehicles,
shall have sufficient barriers installed, as defined by the Minnesota State Building Code, to
reduce the likelihood of incursion of vehicles into the patio space.
T. The licensee shall pay the Metropolitan Council S.A.C. unit(s) for outside seating.
U. The patio shall be placed in an area to meet the state and federal accessibility
requirements.
V. There shall be no live entertainment. Music, sound, or noise in the patio enclosure shall
comply with the provisions of Chapter 124 of the Fridley City Code at all times.
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W. The sale and consumption of malt liquor or intoxicating liquor within the patio is limited
to the normal business hours. No licensee, nor the employee, nor agent of any license
will serve, dispense, possess, display, or in any manner furnish malt liquor or intoxicating
liquor at any other time.
X. All other conduct pertaining to the licensed premises required by this Code or Minnesota
state statutes shall apply.
3. Application for Patio Endorsement
Any establishment to which an on-sale brewer taproom or microdistillery cocktail room has been
issued may submit an application for a patio endorsement. The application shall contain a
description of the outdoor area that is proposed to be licensed and will be accompanied by a
drawing of the proposed area to be licensed. The application will also include a detailed
description of the barriers that will be used, the method of seating, ingress and egress
arrangements, security provisions, sanitary and fire arrangements and lighting. The drawings must
include the dimensions of the area, barriers, tables, aisles and equipment, and must be drawn
proportionately to scale.
This application must be submitted to the city clerk who will forward for review and comment to
the police department, fire department, and community development department before
submission to the city council. The City staff will review the suitability of the proposed licensed
area in light of the applicable fire, building and life safety codes, zoning codes, past performance
of the licensee in maintaining order and obeying applicable laws in the licensed patio 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 of seating
arrangements.
If the patio endorsement is approved by the city council, the licensee shall obtain the appropriate
building permits.
4. Violations
D. It shall be a violation of this code, by the license holder and/or any employees or
agents of the license holder, to permit, allow or fail to prevent persons from directly
accessing the patio by means other than through the building on the premises.
E. It shall be a violation of this code by the license holder and/or any employees or agents
of the license holder, or to allow any other person, to provide, furnish or give any
liquor, tobacco products, weapons, or any other regulated controlled or prohibited
items (for example, drugs, dice, cards, etc.) from one side of the fence or barrier to the
other.
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F. Any violation of the provisions of this Code or of the state law regulating the sale of
liquor which occur in the patio area will be considered as a violation of the principal
on-sale license for the premises.
610.15. ADMINISTRATIVE OFFENSES
1. Administrative Civil Penalties: Administrative offense procedures established pursuant to this
chapter are intended to provide the public and the City with an informal, cost effective, and
practical alternative to traditional criminal charges for violations of this ordinance. The procedures
are intended to be voluntary on the part of those who have been charged with administrative
offenses.
2. Every licensee shall be responsible for the conduct of its employees while on the licensed
premises and any sale or other disposition of any malt liquor or intoxicating liquor by an employee
to any person under twenty-one (21) years of age shall be considered an act of the licensee for
purposes of imposing an administrative penalty, license suspension, or revocation.
E. Individual. At any time prior to the payment of the administrative penalty as is provided
for hereafter, the individual may withdraw from participation in the procedures in which
event the City may bring criminal charges in accordance with law. Likewise, the City, at its
discretion, may bring criminal charges in the first instance. In the event a party participates
in the administrative offense procedures but does not pay the monetary penalty which
may be imposed, the City will seek to collect the costs of the administrative offense
procedures as part of a subsequent criminal sentence in the event the party is charged
and is adjudicated guilty of the criminal violation.
F. Licensee. At any time prior to the payment of the administrative penalty as is provided for
hereafter, the licensee may withdraw from participation in the procedures in which event
the City may permanently revoke the license issued to the licensee under this Chapter in
accordance with law. Likewise, the City, in its discretion, may revoke the license issued to
the licensee under this Chapter in the first instance. In the event a licensee participates in
the administrative offense procedures but does not pay the monetary penalty which may
be imposed, the City will suspend the license issued to the licensee under this Chapter in
accordance with section 603.27.9 of this ordinance.
3. Notice. Any officer of the Fridley police department shall, upon determining there has been a
violation, notify the violator of the violation. Said notice shall set forth the nature, date and time
of violation, the name of the officer issuing the notice and the amount of the scheduled penalty.
4. Payment. Once such notice is given, the alleged violator may, within twenty (20) days of the
time of issuance of the notice pay the amount set forth on the notice, or may request a hearing
in writing, as provided for hereafter. The penalty may be paid in person or by mail, and payment
shall be deemed to be an admission of the violation.
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5. Hearing. Any person contesting an administrative offense pursuant to this Chapter may
request a hearing before the Hearing Examiner. Such request shall be filed in writing with the
public safety director within twenty (20) days of the offense. The public safety director shall notify
the Hearing Examiner, who will notify the person contesting and the licensee of the date, time,
and place of hearing. The hearing shall be conducted no more than twenty (20) days after the
Hearing Examiner receives notice of the request, unless a later date is mutually agreed to by the
Hearing Examiner, the licensee, the person contesting and the City. Within ten (10) days after
such hearing, the Hearing Examiner shall affirm, repeal, or modify the charge against the licensee
or the person contesting. Any person aggrieved by the decision of the Hearing Examiner may
appeal to the public safety director within twenty (20) days of receiving notice of the Hearing
ExaminerÔs decision. At its next available regular meeting following the filing of a notice of appeal,
the Council shall review the decision and findings of fact of the Hearing Examiner and shall affirm,
repeal or modify that decision.
6. Hearing Examiner. The position of Hearing Examiner is hereby created. The city manager
may, at his discretion and with the approval of the city council, contract with third parties for the
furnishing of all services of the Hearing Examiner as contained in this Chapter and set the rate of
compensation therefore.
7. Qualifications. The Hearing Examiner shall be an individual trained in law; however, it shall not
be required that the Hearing Examiner be currently licensed to practice law in the State of
Minnesota.
8. Duties: The Hearing Examiner shall have the following duties:
I. Set dates and hear all contested cases.
J. Take testimony from all interested parties.
K. Make a complete record of all proceedings including findings of fact and conclusions of
law.
L. Affirm, repeal or modify the penalty accessed.
9. Failure to Pay. In the event a party charged with an administrative penalty fails to pay the
penalty, if an individual, the party will be charged with the criminal offense; if a licensee, the city
council will suspend the license issued to the licensee under this Chapter.
10. Disposition of Penalties. All penalties collected pursuant to this Chapter shall be paid to the
CityÔs treasurer and will be deposited in the CityÔs general fund.
610.16. VIOLATIONS
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1. Administrative Civil Penalties: Individuals. Any person in the employ of a licensee who sells
any malt liquor or intoxicating liquor to a person under the age of twenty-one (21) years is
subject to an administrative penalty; and any person under the age of twenty-one (21) years
who attempts to purchase any malt liquor or intoxicating liquor from a licensee is subject to
an administrative penalty. The administrative penalties are as follows:
A. First violation. The penalty for the first violation is $250.00.
B. Second violation within 12 months. The penalty for the second violation is $500.00.
C.Third violation within 12 months. The penalty for the third violation is $750.00.
2. Administrative Civil Penalties; Licensee. If a licensee or an employee of a licensee is found to
have sold any malt liquor or intoxicating liquor to a person under the age of twenty-one (21)
years, the licensee shall be subject to an administrative penalty as follows:
A. First violation. The penalty for the first violation is $500.00 If the fine is not paid within 20
days the City may suspend the license issued to the licensee under this Chapter for a period
not to exceed 10 days
B. Second violation within 12 months. The penalty for the second violation is $1000.00. If
the fine is not paid within 20 days the City may suspend the license issued to the licensee
under this Chapter for a period not to exceed 30 days.
C. Third violation within 12 months. The city may permanently revoke the license issued to
the licensee under this Chapter.
3. Defense. It is a defense to the charge of selling malt liquor or intoxicating liquor to a person
under the age of twenty-one (21) years, that the licensee or individual, in making the sale,
reasonably and in good faith relied upon representation of proof of age described in Minnesota
Statute Section 340A.503. Subdivision 6(a).
4. Exemption. A person, no younger than 18 and no older than 20, may be enlisted to assist in
the tests of compliance. The person shall at all times act only under the direct supervision of a law
enforcement officer or an employee of the licensing department, or in conjunction with a
compliance check effort that has been pre-approved by the Fridley police department. A person
who purchases or attempts to purchase malt liquor or intoxicating liquor while in this capacity is
exempt from the penalties imposed by Section 610.16.1 above.
5. Revocation. The City Council has the authority to revoke any license as noted in City Code
Section 11.08.
610.17. PENALTIES
Any violation of this Chapter is a misdemeanor and is subject to all penalties provided for such
violation under the provisions of Chapter 901 of this Code.
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Fridley City Code
Chapter 700 Liquor
700.01 Purpose
The purpose of this Chapter is to establish comprehensive regulations governing the sale, service,
manufacture and distribution of alcoholic beverages within the City of Fridley (City). This Chapter
of the Fridley City Code (Code) provides licensing requirements and operational standards for all
liquor-related establishments and activities, including but not limited to on-sale and off-sale
establishments, temporary events, municipal liquor stores, breweries, taprooms, microdistilleries
and liquor caterers. These regulations aim to ensure responsible service of alcohol, protect public
safety and maintain orderly business operations in accordance with Minnesota Statutes (M.S.)
Chapter 340A.
700.02 Definitions
3.2% Malt Liquor: any malt liquor with an alcoholic content of more than .5% by volume and not
more than 3.2% by weight
Brew Pub: a restaurant attached to a brewery which manufactures fewer than 3,500 barrels of malt
liquor annually, at any one licensed premises. The entire brewing production is solely for the sale
and consumption of malt liquor on tap on any of the licensed premises owned by the brewer or
for off-sale from the licensed premises as permitted by M.S. § 340A.24, Subd. 2
Brewer: a person who manufactures malt liquor for sale
Brewer Taproom: a facility on or adjacent to the licensed brewery which allows for the on- or off-
sale of malt liquor produced by the brewer.
Club: an incorporated organization that is organized under the laws of the State of Minnesota
(State) for civic, fraternal, social or business purposes, for intellectual improvement, or for the
promotion of sports, or a congressionally chartered veteransÔ organization, which:
1. Has more than 30 members
2. Has owned or rented a building or space in a building for more than one year that is suitable
and adequate for the accommodation of its members.
3. It is directed by a board of directors, executive committee, or other similar body chosen by
the members at a meeting held for that purpose. No member, officer, agent or employee may
receive any profit from the distribution of beverages to the members of the club, or their
guests, beyond a reasonable salary or wages fixed and voted each year by the governing body.
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Commissioner: the Commissioner of the Minnesota Department of Public Safety.
Distilled Spirits: ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin,
and other distilled spirits, including all dilutions and mixtures thereof, for non-industrial use.
Entertainment: includes, but is not limited to, music; singing; plays; dancing, either by the public
or performers; motion pictures; exposition; performances; male or female reviews; fashion shows;
TV, other than regular public channels; concerts; or any other deliberate act intended to amuse or
entertain patrons and/or employees.
Event Center: an establishment that leases or rents space to public or private organizations or
parties who contract, or allows parties to contract, with a licensed liquor caterer licensed by the
State to provide food and alcohol in the City at a site other than the premises for which the on-
sale intoxicating liquor license is issued.
Floor Area: all the floor area of the various floors of a licensed premise measured to the centers
of all partitions, except those areas primarily for non-service purposes including, but not limited
to, dead storage, building management, toilets or restrooms, mechanical equipment rooms and
kitchens. Floor area is used to calculate the license fee. Banquet facilities used less than five times
per week, on average, are counted at one-half actual size.
Intoxicating Liquor: ethyl alcohol, distilled, fermented, spirituous, vinous, and malt beverages
containing more than 3.2% of alcohol by weight.
Liquor Caterer: a caterer who serves food and alcohol at private events, that also has a valid State
liquor catering permit, an on-sale liquor license or on-sale wine license and a State food catering
license.
Liquor Catered Event: a private social gathering whereby a public or private party contracts with
a Caterer to provide food and/or alcohol in the City at a site other than the premises for which an
on-sale intoxicating liquor license is issued.
Lodging Establishment: a building, structure, enclosure or any part thereof used as, maintained
as, advertised as a place where sleeping accommodations are furnished to the public for periods
of less than seven calendar days.
Manufacturer: every person who, by any process of manufacturing, fermenting, brewing, distilling,
refining, rectifying, blending, or by the combination of different materials, prepares or produces
intoxicating liquors for sale.
Microdistillery: a distillery operated within the State producing premium, distilled spirits in total
quantity not to exceed 40,000 proof gallons in a calendar year.
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Microdistillery Cocktail Room: a facility on or adjacent to the licensed distillery which allows for
the sale of distilled spirits in an on-sale capacity.
On-Sale: the sale of intoxicating liquor by glass or by the drink for consumption on the licensed
premises only.
Original Package: a container or receptacle holding alcoholic beverages which are sealed or
corked by a manufacturer on the licensed premises.
Religious Institution: a building which is principally used as a place where people of the same faith
regularly assemble for public worship.
Restaurant: any establishment, other than a hotel or bowling center/restaurant, under the control
of a single proprietor or manager, having a kitchen and other facilities to serve meals and where,
in consideration of payment therefore, meals are regularly served at tables to the public. Such an
establishment employs an adequate staff for the usual and suitable service to its guests, and the
business of serving food and/or intoxicating liquor for a license year is a minimum of 40% of the
total gross sales of the business. Vending machines or food truck sales will not be included as
food sales revenue.
Sale, Sell or Sold: includes the giving, bartering, providing, or furnishing of liquor in exchange for
any payment or compensation, including any sale of or charge for or any other value-based
transaction for the provision of a glass, pitcher, cup or other container which is then utilized for
the possession and consumption of liquor. A sale is also defined as the charging of any cover
charge to enter the premises for the purpose of receiving liquor requiring no further payment or
compensation.
Wholesale: any sale for purposes of resale. The term "wholesale" means any person engaged in
the business of selling intoxicating liquor to retail dealers.
Wine: the product made from the normal alcoholic fermentation of grapes, including still wine,
sparkling and carbonated wine, wine made from condensed grape must, wine made from other
agricultural products than sound, ripe grapes, imitation wine, compounds sold as wine, vermouth,
cider, perry and sake, in each instance containing not less than one-half of one percent nor more
than 24 percent alcohol by volume for nonindustrial use.
700.03 License Required
1. Conditions
(a) State License Required. No person, except wholesalers or manufacturers to the extent
authorized under a State license, may directly or indirectly deal in, sell, or keep for sale any
intoxicating liquor or 3.2% malt liquor without first having received a license to do so as
provided in this Chapter. There are six types of liquor licenses:
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(1) Liquor On-Sale License
(2) Liquor Off-Sale License
(3) Liquor Manufacturer License
(4) Liquor Caterer License
(5) Temporary Intoxicating Liquor Permit
(6) Municipal Liquor.
(b) Sunday Sales. No person may sell any intoxicating liquor on Sundays without obtaining
a separate license for Sunday sales, as required by M.S. § 340A.
(c) Late Night Endorsement. No person may sell any intoxicating liquor after 1 a.m. without
obtaining a special Late Night License Endorsement or a Holiday Endorsement for an
existing liquor license as provided in this Chapter.
(d) Insurance
(1) A Certificate of Insurance proving commercial general liability coverage of not less
than $1 million for each occurrence, or a $2 million annual aggregate. No retail license
may be issued, maintained or renewed unless the applicant provides proof of insurance
as laid out in M.S. § 340A.409.
(2) A liability insurance policy required by this Chapter must provide that it may not be
cancelled for any cause, except for non-payment of premium, either by the insured or
the insurance company without the canceling party giving 60 daysÔ notice to the
insured. The insurer must also send notice to the City at the same time that a
cancellation request is received from, or a notice is sent to the insured.
(3) A liability insurance policy required that contains annual aggregate limits of liability
must require the insured to buy additional coverage after any claim is made that
reduces the coverage under the policy below the requirements of this Chapter.
(e) Persons Ineligible. No license will be granted or held by any person:
(1) Under 21 years of age.
(2) With a questionable reputation or history of unethical behavior. The Fridley City
Council (Council) has the authority to review an applicant's previous work experience
in alcohol-related businesses (including bars, restaurants, hotels, breweries, and similar
establishments) where they served as owner, manager, employee, or investor. This past
performance will be considered when deciding whether to grant or renew a license.
(3) Is not eligible to work in the United States.
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(4) Who has been convicted within five years prior to the application of such license,
of a felony or willful violation of any law of the United States, the State, or any other
state or territory, or of any local ordinance regarding the manufacture, sale, distribution
or possession for sale or distribution of an alcoholic beverage, or whose liquor license
has been revoked for any violation of any law or ordinance.
(5) Who has a direct or indirect interest in a manufacturer, brewer, or wholesaler of
intoxicating liquor except for a brew pub. No manufacturer or wholesaler may either
directly or indirectly own or control or have any financial interest in any retail business
selling intoxicating liquor.
(6) Who, if a corporation or other entity, does not have a manager who is eligible
pursuant to the provisions of this Section.
(7) A person who:
((a)) Has had a license or registration issued pursuant to M.S. § 342 or M.S.§ 151.72,
subdivision 5b, revoked.
((b)) Has been convicted of an offense under M.S. § Section 151.72, subdivision 7;
or
((c)) Has been convicted under any other statute for the illegal sale of marijuana,
cannabis flower, cannabis products, lower-potency hemp edibles, hemp-derived
consumer products, or edible cannabinoid products and the sale took place on the
premises of a business that sells intoxicating liquor or 3.2 percent malt liquor to
customers.
((d)) is the spouse of a person ineligible for a license pursuant to the provisions of
this Chapter or who, in the judgement of the Council, is not the real party in the
interest of the beneficial owner of the business operated, or to be operated, under
the license as outlined in M.S. § 340A.402.
(f) Places Ineligible
(1) No license will be granted or renewed for operation on any premises on which
financial claims of the City, County, State or other local regulatory authority are due,
delinquent or unpaid.
(2) The premise is within 400 feet of a school or religious building, measured in a
started line from building to building. There are two exceptions:
((a)) If applicant is applying for a temporary liquor license
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((b)) If applicant is a municipal establishment that existed when this law was
created. Also, if the premises already have a liquor license and then a school or
building opens within 400 feet, the license can still be renewed.
(3) No on-sale licenses will be granted for a brew pub, restaurant or hotel that does
not have a minimum total building area of 5,000 square feet, with a minimum kitchen
and dining area of 2,000 square feet and with a minimum seating capacity that is open
to the public of 130 square feet.
2. License Application. Every application for a license to sell intoxicating liquor in an on-sale
or off-sale capacity will be verified and filed with the City Clerk. In addition to the information
which may be required by the Commissioner, the application must contain the following:
(a) Whether the applicant is a person, corporation, partnership or other form of
organization.
(b) The type of license the applicant seeks.
(c) If the applicant is a natural person, the following information:
(1) Legal name, place and date of birth, and street address.
(2) Whether the applicant has ever used, or been known by, a name other than the
applicantÔs legal name and, if so, what was such name, or names, and information
concerning dates and places where used.
(3) If the name of the business is to be conducted under a designation, name or style
other than the full individual name of the applicant; in such case a copy of the
certificate, as required by M.S. Chapter 333, certified by the Clerk of District Court,
must be attached to the application.
(4) Whether the applicant is married or single. If married, legal name, place and date
of birth, and residential street residence of applicantÔs present spouse.
(5) Street addresses at which applicant and present spouse have lived during the
preceding 10 years.
(6) Type, name and location of every business, or occupation, applicant or present
spouse have been engaged in during the preceding 10 years.
(7) Names and addresses of applicantsÔ and spouse's employers and business
partners, if any, for the preceding 10 years.
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(8) Whether applicant or spouse, or a parent, brother, sister, or child of either of them
has ever been convicted of any felony, crime or violation of any ordinance, other than
traffic. If so, the applicant must furnish information as to the time, place and offense
for which convictions were had.
(9) Whether applicant or spouse, or a parent, brother, sister, or child of either of them
has ever been engaged as an employee or in operating a saloon, hotel, restaurant,
cafe, tavern or other business of a similar nature. If so, the applicant must furnish
information as to the date, place and length of time.
(10) For any liquor license application, applicant must disclose information about
close relatives who work in the StateÔs liquor industry. Specifically list the name, home
address and business address of any family member who sells, makes or distributes
liquor in the State. This includes relatives closer than second cousin to the applicant
or their spouse, applicantÔs siblingsÔ spouses, applicantÔs spouseÔs siblingsÔ spouses.
This applies to full and half-blood relatives.
(d) If the applicant is a partnership, the names and addresses of all partners and all
information concerning each partner as is required of a single applicant as listed above. A
managing partner, or partners, must be designated. The interest of each partner in the
business must be disclosed. A true copy of the partnership agreement must be submitted
with the application and, if the partnership is required to file a certificate as to a trade or
assumed name under the provisions of M.S. Chapter 133, a copy of such certificate certified
by the Secretary of State must be attached to the application.
3. License Approval
(a) The Council will conduct a hearing to consider all decisions related to liquor licenses
pursuant to this Chapter at a regularly scheduled Council meeting.
(b) All license applicants are required to attend the hearing of the Council at which their
license application will be considered. If a license applicant is not in attendance the hearing
will be continued until the next regularly scheduled meeting.
4. On-Sale Additional Requirements
(a) Corporation, company, non-profit corporation or other legal entity applicants must
provide the following:
(1) Name, and if incorporated, the state of incorporation
(2) Copies of the entityÔs Certificate of Incorporation, Articles of Incorporation or
Association Agreement and Bylaws, and if a foreign incorporation, a Certificate of
Authority as described in M.S. § 303.
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(3) Name and manager or proprietor or other agent in charge of premises to be
licensed, giving all information about said person as is required by single applicant
(b) Complete list of individuals who meet the criteria as follows:
(1) Individuals who own or control more than 5% of the corporation or association,
whether individually or combined with their spouse or immediate family members
(including parents, siblings or children).
(2) Individuals who serve as officers of the corporation or association.
(c) The exact legal description of the premises to be licensed and including a plot plan of
the area showing dimensions, locations of buildings, street access, parking facilities and
the location of distances to the nearest church building and school grounds.
(d) The floor number and street number of the building where the sale of intoxicating
liquors is to be conducted and the rooms where liquor is to be sold or consumed and floor
plan of the dining room(s) that must be open to the public showing dimensions that
indicate the number of people intended to be served in each room.
(e) The amount of investment that the applicant has in the property and assets.
(f) The names and addresses of individuals other than the applicant who have any financial
interest in the business, property or assets.
(g) The names, residences and business addresses of three individuals of good character,
not related to the applicant or financially interested in the premise or business, who may
be contacted as reference to the applicantÔs character, or in the case where information is
required of a manager, the managerÔs character.
(h) Whether or not all real estate, special assessments and personal property taxes for the
premises to be licensed have been paid, and if delinquent, the years and amounts that are
unpaid.
(i) When applying for an on-premises liquor license for a location that is planned, under
construction, or being significantly renovated, the applicant must submit preliminary
design plans for the proposed establishment along with the application.
(1) Applicants must provide site plans showing:
((a)) Property and building locations
((b) Parking areas
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((c)) Landscaping details
((d)) Screening features
((e)) Parking must accommodate one 10 x 20-foot parking space for every three
seats in the establishment.
(2) Applicants must submit detailed floor plans that include:
((a)) Complete layout of the establishment
((b)) Total seating capacity
((c)) Any proposed enlargements, alterations, or extensions to existing structures
(3) The Community Development Department and Fire Marshal must review and
approve all plans and specifications before a building permit will be issued.
(4) The City can request additional information as they deem necessary to complete
their review.
(j) Total revenue must be a 60:40 ratio of liquor to food.
5. On-Sale Wine License Requirements
(a) No person operating a restaurant may sell or permit any wine to be sold on said
premises without having been issued an On-Sale Wine License or an On-Sale Intoxicating
Liquor License. An On-sale Wine License permits only the on-sale of wine not exceeding
24% alcohol by volume in conjunction with the sale of food.
(b) No wine license may be issued to any restaurant having seating capacity of less than
25 people.
6. On-Sale Gambling Endorsement Requirements
(a) On-sale licensees under the provisions of the Lawful Gambling Chapter may request
permission of the Council to permit State licensed organizations to conduct lawful
gambling on the licensed premise. Application for gambling endorsement must be made
to the City Clerk with payment of the specified fee listed in the fees chapter of the Code.
7. On-Sale Patio Endorsement Requirements
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(a)The sale of alcoholic beverages pursuant to any of the licenses issued in accordance
with this Chapter, with the exception of a temporary license, will be limited to the sale and
consumption inside of a structure on the licensed premise, unless the licensee applies for
and receives approval from the Council for a Patio Endorsement to allow the sale and
consumption outside of a structure on the licensed premises.
(b) Regulations
(1) An outdoor patio cannot be enclosed in such a manner that the air becomes indoor
air as defined by State law.
(2) The patio must be attached to the licensed premises and share at least one
common wall or side with the licensed premise building/structure. The adjacent area
will not be part of a public street, sidewalk or other public grounds.
(3) If part of the parking lot is used to install an outdoor patio, the patio must share
one wall with the licensed premises. In addition, the licensed premise must continue
to meet the parking requirements set by Code and the outdoor patio must not affect
the circulation of traffic.
(4) Access to the patio will be directly from the licensed premise with no direct access
other than an emergency exit (exit only) equipped with alarm, from any area other
than by passing through the normal interior public areas of the licensed premise.
(5) The patio must be clearly delineated by a permanently installed fence, or other
structure or barrier, at least 42 inches high to prevent the ingress or egress of persons
to and from the patio. The fence must be designed and constructed in a manner that
discourages or deters the passing of any regulated, controlled or prohibited items
outside from one side of the fence to the other side of the fence.
(6) Panic and fire exit hardware must be installed on the fence or barrier and comply
with the Minnesota Building Code.
(7) Patios in direct contact with, or immediately adjacent to a parking area for motor
vehicles, must have sufficient barriers installed, as defined by the Minnesota State
Building Code, to reduce the likelihood of incursion of vehicles into the patio space.
(8) The licensee will pay the Metropolitan Council Sewer Availability Charge (S.A.C.)
unit(s) for outside seating.
(9) The patio must be placed in an area to meet the State and federal accessibility
requirements.
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(10) Live entertainment will be allowed in the patio area, but only between the hours
of 9 a.m. and 10 p.m. Music, sound, or noise in the patio enclosure must always
comply with the provisions of the Noise Chapter of the Code.
(11) The sale and consumption of intoxicating liquor within the patio is limited to the
normal business hours. No licensee, nor the employee, nor agent of any license may
serve, dispense, possess, display, or in any manner furnish intoxicating liquor at any
other time.
(12) All other conduct pertaining to the licensed premises required by the Code or
State law will apply.
(c) Application
(1) Any establishment to which an on-sale intoxicating, wine license, or liquor
manufacturer license has been issued may apply for a patio endorsement. The
application must contain a description of the outdoor area that is proposed to be
licensed and must be accompanied by a drawing of the proposed area to be
licensed. The application must also include a detailed description of the barriers that
will be used, the method of seating, ingress and egress arrangements, security
provisions, sanitary and fire safety arrangements and lighting. The drawings must
include the dimensions of the area, barriers, tables, aisles and equipment, and must
be drawn proportionately to scale.
(2) This application must be submitted to the City Clerk for review and comment by
the Police Division, Fire Division and Community Development Division before
submission to the Council. The City will review the suitability of the proposed licensed
area in light of the applicable fire, building and life safety codes, zoning chapters of
the Code, past performance of the licensee in maintaining order and obeying
applicable laws in the licensed patio 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
of seating arrangements.
(3) If patio endorsement is approved by the Council, the licensee is required to apply
for and pay for the appropriate building permits and fees.
(d) Violations
(1) It is a violation of the Code for the license holder or any employees or agents of
the license holder to permit or fail to permit people directly accessing the patio by
means other than through the building on the premises.
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(2) It is a violation of the Code for the license holder or any employees or agents of
the license holder, to allow any other person, to provide, furnish or give any liquor,
tobacco products, weapons, or any other regulated, controlled, or prohibited items
(for example, drugs, dice, cards, etc.) from one side of the fence or barrier to the other.
(3) Any violation of the provisions of the Code or of State law regulating the sale of
liquor which occurs in the patio area will be considered as a violation of the principal
liquor license for the premises.
8. On-Sale Liquor Club Requirements
(a) The license must be posted at all times in a conspicuous place on the licensed premises.
(b) No sale of liquor will be made to any person under guardianship or to any person
under 21 years of age.
(c) Only lawful gambling or lawful gambling devices permitted by the State of Minnesota
and expressly authorized and permitted by the City pursuant to the Lawful Gambling
chapter of the City Code are authorized on the licensed premises.
(d) All licenses granted under this Chapter are only issued for the premises designated in
the application. Such license may not be transferred to another premises without approval
of the City.
(e) No club license will be granted within 600 feet of any public school or within 600 feet
of any church.
(f) The licensed premises must be open to inspection by any Police, City staff or Public
Health Official at any time during which the Club is open to its members for business.
(g) The sale of intoxicating liquor under such license is restricted to members of the club
and their bona fide guests.
(h) The licensee must strictly observe all the laws relative to on-sale of intoxicating liquor
as set forth in the Minnesota Statutes, together with all the rules and regulations of
Minnesota Department of Public Safety Alcohol and Gambling Enforcement as they are
applicable.
(i) The liability insurance policy as required by this Chapter must be in full force and effect
during the term of any license granted thereunder.
(j) No licensee may permit in any licensed establishment, or any adjoining property owned
or leased by the licensee, any boxing, wrestling or any other form of entertainment whose
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primary purpose is physical contact by striking or touching an opponent with hands, head,
feet or body. Team sports in which physical contact is incidental to the primary purpose of
the game such as basketball, volleyball, soccer, football, baseball, hockey or softball are
not included among activities prohibited by this section.
9. Off-sale 3.2 Malt Liquor License Requirements
(a) Every license will be granted subject to the provisions of this Chapter and of any other
applicable ordinance of the City or State law.
(b) No 3.2% malt liquor will be sold or served to any intoxicated person or any person
under 21 years of age.
(c) No person under the age of 21 will be permitted to consume 3.2% malt liquor on the
licensed premises.
(d) No person under 18 years of age can dispense, sell or serve any 3.2% malt liquor to
any individual on the licensed premises.
(e) No manufacturer or wholesaler of 3.2% malt liquor can have any ownership or interest
in an establishment licensed to sell at retail. No retail licensee and manufacturer or
wholesaler of 3.2% malt liquor can be parties to any exclusive purchase contract. No retail
licensee will receive any benefits contrary to law from a manufacturer or wholesaler of
3.2% malt liquor and no manufacturer or wholesaler will confer any benefits contrary to
law upon a retail licensee.
(f) No licensee can sell 3.2% malt liquor while holding or exhibiting in the licensed premises
a federal retail liquor dealerÔs special tax stamp unless they are licensed under State law to
sell intoxicating liquor.
(g) Any police officer or health inspector may enter, inspect and search the premises of a
licensee during business hours without a search and seizure warrant and may seize all
intoxicating liquors and other evidence of violations found on the licensed premises in
violation of this Chapter.
(h) Licensees must be responsible for the conduct of their place of business and must
maintain conditions of sobriety and order. Any employee on the licensed premises
authorized to sell or serve 3.2% malt liquor will be deemed the act of licensee as well and
the licensee must be liable to all penalties provided by this Chapter equally with the
employee.
10. Liquor Caterer License Requirements. The holder of a State Catering License under the
provisions of M.S. § 340A.404 may register to operate under said permit in the City by
applying for a liquor caterer license. The license application must contain the business name,
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address, phone, email address, contact name and other information deemed necessary by
the City Clerk or Public Safety Director. A catererÔs registration must be approved by the City
Clerk. The registration under this section will expire on April 30 of each year.
(a) Conditions. Events that are catered in the City in accordance with M.S. § 340A.404 and
this Chapter must comply with the following conditions:
(1) A caterer must keep a record of each event they provide services for in the City. The
record must contain the contract, information about each event as required by the
event notification and the gross amount of food and liquor sales showing the sale of
intoxicating liquor was incidental to the sale of food. The records must be made
available to the City upon request.
(2) A caterer must staff the event with at least one employee from the original licensed
establishment.
(3) All servers of alcohol at a catered event must be at least 18 years of age and
employees of the licensed establishment.
(4) A caterer must complete a Temporary Intoxicating Liquor Permit at least 10
business days before the event.
(5) No sale of alcoholic beverages is permitted after 1 a.m.
(6) The property owner must give consent to a caterer to submit to and facilitate any
site inspections by police, fire or the regulatory agency for enforcement of the
registration or event.
(7) Both the State license and City registration permit must be available for display
upon the request of any law enforcement officer or investigator.
(8) If an event is held outside, the application must define the premises to which the
alcohol will be confined to a particular area.
(9) The caterer must maintain adequate security for all its catered events in the City.
The caterer must coordinate security with the host facility.
(10) Holders of a caterer permit licensed under this Chapter must comply with all
provisions of Minnesota Statures, ordinances and rules governing the retail sales of
alcoholic beverages.
(b) Temporary Intoxicating Liquor Permit
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(1) A registered caterer must submit a Temporary Intoxicating Liquor Permit for each
event at least 10 business days prior to the event. Each permit will be approved by the
City Clerk.
(2) The event notification must contain information deemed necessary by the City Clerk
or Public Safety Director including but not limited to the following:
((a)) The name of the event
((b)) The location of the event
((c)) The time and date of the event
((d)) The event contact name and phone number
((e)) The estimated number of guests
((f)) The type of liquor to be served
((g)) The estimated gross food to liquor sale.
(3) No single location in the City will have a single catered event lasting more than
three consecutive days unless the permit is issued in connection with a civic event or
community festival.
(4) The City Clerk or Public Safety Director will terminate any permitted catered event
that disturbs the peace, quiet or repose of surrounding residential or commercial areas
or that results in disorderly behavior, noise, traffic, litter or parking problems at the
eventÔs location or in the area near the eventÔs location.
(5) The licensee may not authorize the sale of intoxicating liquor on premises other
than the premises which the licensee owns or permanently occupies.
(6) Except in those instances where the license holder contracts for the catering of
liquor services, the licensee must meet the requirements of this Chapter.
(7) An application for the temporary license must be completed and forwarded by the
City Clerk to the Minnesota Department of Public Safety for their approval. A copy of
the application will be retained by the City. This application must be made at least 30
days prior to the requested date.
(8) If the license is used on public property owned by the City, upon recommendation
of the City Clerk and Public Safety Director, the Council can require the holder of the
licenses, as a term and condition of the license, to hire uniformed police officers to
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remain on the premises during the use of the license. The Council can also require
insurance.
(c) Club, Charitable, Religious or Non-Profit Organization Temporary Intoxicating Liquor
Permit
(1) The City is hereby authorized to issue a temporary on-sale intoxicating liquor license
to any club, charitable, religious, or nonprofit organization which has its principal
location within the City and which has been in existence for a period of not less than
three years at the time of making application for this license, a political committee
registered under M.S. § 10A.14, a State university, microdistilleries, agricultural societies,
and farm wineries. This temporary on-sale intoxicating liquor license may only be
issued for a social event occurring within the City limits sponsored by the licensee.
(d) Denial, Suspension or Revocation of License. A catererÔs application for registration may
be denied or a catererÔs registration may be suspended or revoked without a refund for
any of the following reasons:
(1) For just cause, which includes any violations of the provisions set forth in this
Chapter or M.S. Chapter 340A by registrant, its employee, agents or servers.
(2) The operation of the event has unreasonably disturbed the peace, quiet or repose
of surrounding residential or commercial areas as listed in the Noise Chapter of the
Code.
(3) The operation of an event has contributed to crime, disorderly behavior, noise,
traffic, litter or parking problems in the area near the eventÔs location.
(4) RegistrantÔs refusal to supply records, books of account or contract pertaining to a
catered event set forth in this Chapter.
(5) Failure by the registrant to maintain adequate security for its event as required by
the Public Safety Department.
(6) Failure to register as a caterer with the City or provide information on a catered
event.
(7) Any other good cause related to the operation of the business or venue.
11. Liquor Manufacturer License
(a) Requirements
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(1) No manufacturer may directly or indirectly manufacture malt liquor or intoxicating
liquor without first obtaining zoning approval from the City. After the manufacturer
has obtained approval from the City, they must then obtain the appropriate State and
federal licenses or permits to operate as a manufacturer as defined in M.S. § 340.A.301
(2) No manufacturer, to the extent authorized under State law, may directly or
indirectly operate a brewer taproom or microdistillery cocktail room without having
obtained a City license to do so as provided for in this Chapter.
(3) No single entity may hold both a microdistillery cocktail room and brewer taproom
license.
(4) A microdistillery cocktail room and brewer taproom may not be co-located within
a single entity.
(b) Brewery Retail License. A brewer licensed under M.S. §340A.26 may be issued an on-
sale brewer taproom license, a small brewer off-sale license, or a brew pub off-sale license
for the sale of malt liquor produced and packaged on the licensed premises which could
be sold to other bars, restaurants and off-sale liquor stores if permitted by State law and
issued a license by the State.
(1) A brewer taproom on-sale license authorizing the sale of malt liquor produced by
the brewer for on-sale consumption on the premises or adjacent to one brewery
location owned by the brewer may be approved by the Council under M.S. § 340A.26.
(2) A brewer may only have one brewer taproom license for malt liquor produced by
the brewer and may not have an ownership interest in a brew pub.
(3) A brewer tap room license may not be issued to a brewer if the brewer seeking
the license, or any person having an economic interest in the brewer seeking the
license, is a brewer that brews more than 250,000 barrels of malt liquor annually.
(4) If the brewer taproom license is approved by the Council, the City Clerk will inform
the Commissioner of the licenseeÔs name, address, trade name and effective date and
expiration date of the license within 10 days of approval.
(5) The brewer taproom sale of malt liquor produced by the brewer must be limited
to the legal hours for on-sale liquor in the City as listed in this Chapter.
(6) The sale of malt liquor in an on-sale capacity produced by the brewer will be
limited to the brewer taproom and cannot be taken outdoors unless a Patio
Endorsement as defined in this Chapter has been obtained.
(c) Small Brewer Off-Sale License
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(1) A Small Brewer Off-Sale License authorizing the sale of malt liquor produced and
packaged by the brewer for consumption off the premises can be approved by the
Council.
(2) A brewer may have only one small brewer license for malt liquor produced and
packaged by the brewer.
(3) The amount of malt liquor produced and packaged by the brewer and sold off-
sale must not exceed 750 barrels annually.
(4) The malt liquor produced and packaged by the brewer and sold in an off-sale
capacity must be removed from the premises before the applicable off-sale closing
time in the City.
(5) The packaging of malt liquor produced by the brewer in an off-sale capacity must
comply with M.S. § 340A.285
(6) A license may not be issued to a small 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.
(7) If the license is approved by the Council, the City Clerk will inform the
Commissioner of the licenseeÔs name, address, trade name and effective date and
expiration date within ten days of approval. The City will also inform the
Commissioner of a license cancellation, suspension or revocation during the license
period.
(8) The sale of malt liquor in an off-sale capacity produced and packaged by the
brewer will be limited to the legal hours for off-sale liquor in the City as listed in this
Chapter.
(d) Brew Pub Off-Sale License
(1) A brew pub that holds an on-sale license issued under this Chapter can hold a
license for the sale of malt liquor in an off-sale capacity produced and packaged on
the brew pubÔs licensed premises if approved by the Council.
(2) The malt liquor produced and packaged by the brewer and sold off-sale by the
brew pub must not be consumed onsite and must be removed from the premises
before the applicable off-sale closing time in the City.
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(3) The packaging of malt liquor produced by the brewer on the licensed premises for
sale in an off-sale capacity by the brew pub must comply with M.S. § 340A.285.
(4) A brew pubÔs total retail sales in an on- or off-sale capacity under this section may
not exceed 3,500 barrels annually, provided sales in an off-sale capacity may not total
more than 750 barrels annually.
(5) A brew pub licensed under this section to sell malt liquor in an off-sale capacity
cannot be licensed as an importer under M.S. § 340A.302.
(6) If the brew pub off-sale license is approved by the Council, the City Clerk will
inform the Commissioner of the licenseeÔs name, address, trade name, effective date
and expiration date of the license within ten days of approval.
(7) The sale of malt liquor in an off-sale capacity produced and packaged on the brew
pubÔs licensed premises will be limited to the legal hours for off-sale liquor within the
City as listed in this chapter.
(e) Microdistillery Retail License. A microdistillery licensed under Minnesota Statute
Section 340A.301 may be issued with an on-sale cocktail room license and an off-sale
license for the sale of intoxicating liquor produced and packaged on the licensed
premises. The intoxicating liquor produced and packaged on the licensed premises may
also be sold to other bars, restaurants and off-sale liquor stores if permitted by State law
and issued a license by the Commissioner.
(1) On-Sale Microdistillery Cocktail Room License
((a)) A microdistillery cocktail room license authorizing the sale of intoxicating
liquor in an on-sale capacity produced by the microdistillery for consumption on
the premises or adjacent to one distillery location owned by the distiller may be
approved by the Council under M.S. § 340A.26.
((b.)) A microdistillery can only have one microdistillery cocktail room license and
may not have an ownership interest in a distillery licensed under M.S. § 340A.301.
((c)) No license will be issued if the microdistiller seeking the microdistillery cocktail
room license or exercising control over the microdistillery seeking the license is a
microdistiller that produces more than 40,000 proof gallons of premium, distilled
spirits annually.
((d)) If the microdistillery cocktail room license is approved by the Council, the City
Clerk will inform the Commissioner of the licenseeÔs name, address, trade name,
effective date and expiration date of the license within ten days of approval.
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((e)) The sale of intoxicating liquor in an on-sale capacity produced and packaged
by the microdistillery for consumption on the licensed premises will be limited to
the legal hours for on-sale liquor as listed in this Chapter.
((f)) The sale of intoxicating liquor in an on-sale capacity produced by the
microdistillery will be limited to the microdistillery cocktail room and cannot be
taken outdoors unless there is a Patio Endorsement as defined in this Chapter.
(2) Off-Sale Microdistillery License
((a)) A microdistillery off-sale license authorizing the sale of intoxicating liquor
produced and packaged by the distiller for consumption off the premises may be
approved by the Council.
((b)) A distiller can only have one microdistillery license for intoxicating liquor
produced and packaged by the distiller.
((c))The intoxicating liquor produced and packaged by the distiller and sold in an
off-sale capacity must be removed from the premises before the applicable off-
sale closing time in the City.
((d)) The license will allow the sale of up to 750 milliliters per customer per day of
product manufactured on-site. No brand may be sold at the microdistillery unless
it is also available for distribution by wholesalers.
((e)) If the microdistillery off-sale license is approved by the Council, the City Clerk
will inform the Commissioner the licenseeÔs name, address, trade name, effective
date and expiration date with ten days of approval. The City will also inform the
Commissioner of a license cancellation, suspension or revocation during the license
period.
((f)) The sale of intoxicating liquor in an off-sale capacity produced and packaged
by the microdistillery will be limited to the legal hours for off-sale liquor as listed
in this Chapter.
700.04 Hours of Operation
1. No sale of intoxicating liquor on the licensed premises may be made between 1 a.m. and
8 a.m. daily. No sales may be made after 8 p.m. on December 24 through 8 a.m. on December
26 without a Holiday Endorsement.
(a) Holiday Endorsement. If an establishment holds a license, it can apply for a Holiday
Endorsement.
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(b) The Holiday Endorsement allows the establishment to remain open and serve alcohol
December 24 through December 26 between the hours of 8 a.m. and 1 a.m. If the dates
fall on a Sunday, the establishment must follow the times defined in State law.
(c) If the establishment holds both a Holiday Endorsement and a Late Night Endorsement
as defined in this Chapter, they may remain open until 2 a.m. December 24through
December 26.
2. It is unlawful for any person or customer other than licensees or their employees to remain
on the premises after 1:30 a.m. There must not be consumption by any person, including the
licensee and their employees after 1:30 a.m.
3. If the establishment holds a Late Night Endorsement, they may sell alcohol between 1 a.m.
and 2 a.m. They cannot sell alcohol between 2 a.m. and 8 a.m. daily. All customers must leave
within 30 minutes after closing and no later than 2:30 a.m. No one, including staff, can
consume alcohol after 2:30 a.m.
700.05 Entertainment Restrictions in Licensed Establishments
1. Prohibited Activities No person operating an establishment licensed under this Chapter for
the sale of intoxicating liquor or 3.2% malt liquor may permit any person on the premises to:
(a) Expose to public view any genitals or anus, except when covered with opaque clothing.
(b) Perform or simulate sexual acts or make physical contact with another's sexual parts of
the human body.
(c) Show films or other visual reproduction depicting activities which, if performed by a
person on the premises, would be prohibited by this section.
(d) Expose to public view any portion of the female breast below the top of the areola
except where covered with opaque material.
2. Enforcement
(a) Any violation of this section shall be grounds for immediate revocation or suspension
of any and all licenses held on such premises.
(b) Every person who produces, promotes, prepares, solicits, manages, directs or
participates in any entertainment contrary to the provisions of this section shall be subject
to the penalties provided in XX.08 of this Chapter.
700.06 Municipal Liquor
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There is hereby established a Municipal Liquor Dispensary for the sale of off-sale intoxicating
liquor.
1. Location and Operation
(a) The Municipal Liquor Dispensary will be in such suitable places in the City as the Council
may determine, except that no permits will be issued for the operation of a Municipal
Liquor Dispensary upon which the taxes or other special levies are delinquent.
(b) The City Manager or a designee will manage and operate the Municipal Liquor
Dispensary under the supervision and direction of the Council and will perform duties in
connection with that as the Council may impose on them. The City Manager will be directly
responsible to the Council for the conduct of the Municipal Liquor Dispensary in full
compliance with the regulations and ordinances of the City and all State and Federal Laws
and regulations.
(1) The Council will provide and fix the salaries of such additional help and employees
as in their judgement deemed necessary for the operation of the Municipal Liquor
Dispensary.
(2) No person under 21 years of age will be employed at any time in the Municipal
Liquor Dispensary.
2. Dispensary Fund. The Municipal Liquor Fund is hereby created in which funds will be paid
and deposited all receipts and revenues from the operation of the Municipal Liquor
Dispensary and from which funds will first be paid expenses of operation and maintenance
of the said Municipal Liquor Dispensary. The Council may provide for the transfer of retained
earnings to the General Fund of the City or to such appropriate funds as the Council by
resolution may determine.
3. Hours. The hours of operation will be as provided by State law.
4. Holidays. No off sale will be made on Thanksgiving Day or Christmas Day. On the evenings
proceeding each day, off-sales can be made until 10 p.m., except for December 24after 8
p.m.
5. Conditions and Restrictions
(a) No business other than the sale of liquor will be carried on in the Municipal Liquor
Dispensary except the retail sale of cigars, cigarettes, all forms of tobacco, beer, soft drinks,
low dose THC products, ice and accessories.
(b) No pool or billiard table will be kept in any part of the Municipal Dispensary
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(c) No intoxicating liquor will be sold on credit.
(d) No liquor or beer will be sold or served to a person under 21 years of age, directly or
indirectly
(e) No person will be permitted to loiter upon the premises of the Municipal Liquor
Dispensary.
(f) No person who is a financially irresponsible spender or habitually intoxicated person as
stated in M.S. § 340.73, or who is disorderly or under the influence of intoxicating liquor
will be permitted on the Municipal Liquor Dispensary premises.
(g) The Municipal Liquor Dispensary will be inspected in accordance with State.
6. Liability Insurance. The Municipal Liquor Dispensary will demonstrate proof of financial
responsibility regarding liability imposed by M.S. § 340A to the City Clerk. Proof of financial
responsibility will be given by filing:
(a) A certificate that is in effect for the period covered by the license an insurance policy
issued by an insurer required to be licensed under M.S. § 60A.07, or by an insurer
recognized as an eligible surplus lines carrier pursuant to M.S. § 60A.206 or pool providing
at least the following minimum coverages:
(1) $50,000 because of bodily injury to any one person in any one occurrence, and,
subject to the limit for one person, in the amount of $100,000 because of bodily injury
to two or more persons in any one occurrence, and in the amount of $10,000 because
of injury to or destruction of property of others in any one occurrence.
(2) $50,000 for loss of means of support of any one person in any one occurrence,
and, subject to the limit for one person, $100,000 for loss of means of support of two
or more persons in any one occurrence, $50,000 for other pecuniary loss of any one
person in any one occurrence, and $100,000 for other pecuniary loss of two or more
persons in any one occurrence: or
(3) A bond of a surety company with minimum coverages as provided in this Chapter,
or
(4) A certificate from the Commissioner of Management and Budget that the licensee
has deposited with the Commissioner of Management and Budget $100,000 in cash
or securities which may be legally purchased by savings banks or for trust funds
having a market value of $100,000.
(5) The City Clerk must submit the provided proof of financial responsibility to the
Commissioner of Public Safety.
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700.07 Fees
All licensing and related fees are established in the Fees Chapter of the Code.
700.08 Violations and Penalties
1. Administrative Civil Penalties
(a) Individual. Any person in the employment of a licensee who sells intoxicating liquor,
3.2% malt liquor, beer, or wine to a person under 21 years of age is subject to an
administrative penalty. Any person under the age of 21 who attempts to purchase any
intoxicating liquor, 3.2% malt liquor, beer or wine from a licensee is subject to an
administrative penalty. The administrative penalties are as follows:
(1) First violation: $250
(2) Second violation within 12 months: $500
(3) Third violation within 12 months $750.
(b) Businesses. If a licensee or an employee of a licensee is found to have sold any
intoxicating liquor to a person under 21 years of age, the licensee is subject to an
administrative penalty as follows:
(1) First violation: $500. If this fine is not paid within 20 days, the City may suspend the
license issued to the licensee under this Chapter for a period not exceeding 10 days
(2) Second violation within 12 months: $1,000. If the fine is not paid within 20 days, the
City may suspend the license issued to the licensee under this Chapter for a period not
exceeding 30 days.
(3) Third violation within 12 months: The City may permanently revoke the license
issued to the licensee under this Chapter.
2. Defense. It is a defense to the charge of selling intoxicating liquor, 3.2% malt liquor, beer
or wine to a person under the age of 21 years, that the individual, in making the sale,
reasonably and in good faith relied upon representation of proof of age described in M.S. §
340A.503.
3. Exemption. A person, no younger than 18 and no older than 20, may be enlisted to assist
in the tests of compliance. The person must act only under the direct supervision of a law
enforcement officer or an employee of the licensing department, or in conjunction with a
compliance check effort that has been pre-approved by the Fridley Police Division. A person
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who purchases or attempts to purchase intoxicating liquor, 3.2% malt liquor, beer or wine
while in this capacity is exempt from the penalties imposed in this Chapter.
700.09 Suspension or Revocation
1. General Authority. The Council may suspend or revoke any license issued under this Chapter
for violations of any provision or condition of this Chapter, any applicable City ordinance or
any State or Federal law regulating the sale of alcoholic beverages. The Council will revoke
any license for willful violations that require mandatory revocation under State law.
2. Specific Grounds for Suspension or Revocation. A license may be suspended or revoked for
any of the following reasons:
(a) Violations of State or Federal law or Code
(1) Violation of any provision of this Chapter.
(2) Violation of any applicable City ordinance.
(3) Violation of any State or Federal law regulating alcoholic beverages.
(4) Conviction of felony or willful violation requiring mandatory revocation under State
law.
(b) Insurance and Financial Responsibility
(1) Failure to maintain required insurance coverage as specified in this Chapter.
(2) Failure to maintain required bonds or financial responsibility.
(c) Operational Issues
(1) Sale of alcoholic beverages to persons under 21 years of age.
(2) Sale to intoxicated persons or habitual drunkards.
(3) Allowing consumption by minors on licensed premises.
(4) Operating outside authorized hours without proper endorsements.
(5) Unauthorized sale of alcoholic beverages off licensed premises.
(d) Business Conduct
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(1) Failure to maintain conditions of sobriety and order on premises.
(2) Allowing premises to be used for prostitution or other illegal activities.
(3) Tampering with or adulterating alcoholic beverage contents.
(4) Refusal to allow authorized inspections of premises or records.
(5) Making false statements in license applications.
(e) Administrative Non-Compliance
(1) Failure to pay required fees, taxes or penalties when due.
(2) Failure to notify the City of required changes in ownership, management or
operations.
(3) Failure to maintain required records or provide required reports.
(4) Failure to comply with special license conditions or endorsement requirements.
(f) Public Safety and Welfare
(1) Operating in a manner that disturbs the peace, quiet or repose of surrounding
areas.
(2) Contributing to crime, disorderly behavior, noise, traffic, litter or parking problems.
(3) Failure to maintain adequate security as required.
(4) Any conduct that threatens public health, safety or welfare.
(g) Federal Tax Stamp Violations
(1) For 3.2% malt liquor licenses, holding a federal retail liquor dealer's special tax
stamp without proper intoxicating liquor license.
(h) Caterer-Specific Grounds (for liquor caterer licenses)
(1) Failure to staff events with employees from original licensed establishment.
(2) Failure to register as a caterer or provide required event notifications.
(3) Refusal to supply records, books of account or contracts.
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(4) Events lasting more than three consecutive days without proper authorization.
3. Immediate Revocation. The Council may immediately revoke any license without prior notice
or hearing for:
(a) Failure to maintain insurance coverage or financial responsibility required by this
Chapter.
(b) Imminent threat to public health, safety or welfare.
(c) Holding federal retail liquor dealer's special tax stamp while licensed only for 3.2% malt
liquor (without intoxicating liquor license).
4. Suspension Limitations
(a) Emergency suspensions pending hearing may not exceed 30 days.
(b) No suspension may exceed 60 days except where State law requires longer suspension
periods.
(c) The Council may suspend any license pending a revocation hearing without prior notice.
5. Effect on Related Licenses. Violation of any provision of this Chapter or State law occurring
on licensed premises may be grounds for suspension or revocation of all licenses held for that
premises, including but not limited to:
(a) Primary liquor licenses.
(b) Endorsements (Late Night, Holiday, Patio, Gambling).
(c) Entertainment licenses.
(d) Caterer registrations.
6. No Refund. No portion of any license fee paid will be refunded upon suspension or revocation
of a license.
700.10 Hearings and Appeals
1. Right to Hearing
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(a) Hearing Required Before Suspension or Revocation. No suspension or revocation of
any license issued under this Chapter will take effect until the licensee has been given an
opportunity for a hearing in accordance with M.S. §§ 14.57 - 14.69.
(b) Exceptions. The following actions may take effect immediately without prior hearing:
(1) Emergency suspensions as provided in the Suspension or Revocation Section of
this Chapter.
(2) Administrative penalties imposed by the Violations and Penalties Section of this
Chapter.
2. Notice Requirements
(a) Content of Notice. Written notice of any proposed license action will be served upon
the licensee and must include:
(1) Specific allegations and charges against the licensee.
(2) Citation to the statutes, rules or ordinances allegedly violated.
(3) Statement of the action proposed to be taken.
(4) Time, date and place of the hearing.
(5) Statement of the licensee's rights at the hearing.
(6) Citation to the City's authority to take the proposed action.
(b) Timing of Notice. Notice will be served at least 10 days before the scheduled hearing
date.
(c) Service of Notice. Notice will be mailed to the address provided in the license
application.
3. Hearing Procedures
(a) Hearing Authority. The Council may conduct hearings under this Section.
(b) Hearing Standards. All hearings will be conducted in accordance with the procedural
requirements of M.S. §§ 14.57 - 14.69, including but not limited to:
(1) Right to be represented by counsel.
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(2) Right to present evidence and witnesses.
(3) Right to cross-examine witnesses.
(4) Right to have an interpreter if requested.
(5) Maintenance of an official record of the proceedings.
4. Decision Process
(a) Timeline for Decision. A decision of the Council will be mailed within 30 days of hearing
conclusion.
(b) Written Decision Required. All decisions will be in writing and must include:
(1) Findings of fact based on the evidence presented.
(2) Conclusions of law.
(3) Order specifying the action taken.
(4) Effective date of any suspension or revocation.
5. Emergency Procedures
(a) Emergency Suspension Authority. When public health, safety or welfare requires
immediate action, the Council may order an emergency suspension of any license for a
period not to exceed 30 days.
(b) Notice of Emergency Action. Written notice of emergency suspension will be mailed
within 48 hours and must include:
(1) Statement of the emergency circumstances requiring immediate action.
(2) Effective date and duration of the emergency suspension.
(3) Right to request an expedited hearing.
(c) Expedited Hearing. Upon written request, an expedited hearing on the emergency
suspension will be conducted within 10 business days to determine whether the
suspension should be continued, modified or lifted pending a full hearing.
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Section 2
Amending Fridley City Code Chapter 12 (Tobacco Products).
Fridley City Code
Chapter 12. 201 Tobacco Products
201.01 Purpose
The purpose of this Chapter of the Fridley City Code (Code) is to regulate the sale and distribution
of tobacco products, tobacco-related devices and electronic delivery devices within the City of Fridley
(City) to protect public health, safety and welfare. This Chapter establishes licensing requirements,
enables sales restrictions and creates enforcement measures to prevent youth access to tobacco
products to mitigate the harmful effects of tobacco use in the community.
12.01.201.02 Definition of TermsDefinitions
The following definitions shall apply in the interpretation and application of this chapter and the
following words and terms, wherever they occur in this chapter, are defined as follows:
1.ÑSelf Service MerchandisingÒ: This is an open display of tobacco products where the public has
access without the intervention of an employee.
2.ÑTobacco ProductÒ: Any any substance or item containing tobacco leaf, including but not limited
to, cigarettes; cigars; little cigars; pipe tobacco; snuff; snuff flour; fine cut or other chewing tobacco;
cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco,
Cavendish; shorts; plug and twist tobacco; dipping tobacco; refuse scraps, clippings, cuttings, and
sweepings of tobacco; and other kinds and forms of tobacco leaf prepared in such manner as to be
suitable for chewing, sniffing, or smoking. ÑTobacco productÒ includes any products containing,
made, or derived from tobacco that is intended for human consumption, whether chewed, smoked,
absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component,
part, or accessory of a tobacco product. Tobacco excludes any drugs, devices, or combination
products, as those terms are defined in the Federal Food, drug and Cosmetic Act, that are authorized
for sale by the United States Food and Drug Administration.
3.ÑTobacco-Related DevicesÒ: ÑTobacco-Related DevicesÒ shall mean rolling cigarette papers, or
pipes, or other device for smoking or other devices intentionally designed or intended to be used in
a manner which enables the chewing, sniffing, smoking, or inhalation of aerosol or vapor of tobacco
or tobacco products, including electronic delivery devices. Tobacco-related devices include
components of tobacco-related devices which may be marketed or sold separately.
4. ÑElectronic Delivery DevicesÒ: "Electronic Delivery Devices" shall mean any product containing
or delivering nicotine, lobelia, or any other substance, whether natural or synthetic, intended for
human consumption through inhalation of aerosol or vapor from the product. Electronic delivery
devices include but are not limited to devices manufactured, marketed, or sold as electronic
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cigarettes (e-cigarettes), electronic cigars (e-cigars), electronic pipes (e-pipes), vape pens, modes,
tank systems, or under any other product name or descriptor. Electronic delivery devices include any
component part of a product, whether or not marketed or sold separately. Electronic delivery devices
exclude drugs, devices, or combination products, as those terms are defined in the Federal Food,
Drug, and Cosmetic Act, that are authorized for sale by the United States Food and Drug
Administration as a nicotine cessation product.
5.ÑTobacco Products ShopÒ: ÑTobacco Products ShopÒ shall mean a retail establishment that cannot
be entered at any time by persons younger than 21 years of age, has an entrance door opening
directly to the outside, and that derives more than 90% percent of its gross revenue from the sale
of tobacco, tobacco-related devices, and electronic delivery devices, and in which the sale of other
products is merely incidental. Tobacco Products Shop does not include a tobacco department or
section of any individual business establishment with any type of liquor, food, or restaurant license.
6. ÑFlavored TobaccoÒ: ÑFlavored TobaccoÒ shall mean any tobacco product, tobacco-related
device, electronic delivery device, or nicotine or lobelia delivery product that contains a taste or
aroma, other than the taste or aroma of tobacco, that is distinguishable by any ordinary consumer
either prior to or during consumption of a tobacco product, including, but not limited to, tastes or
aromas of menthol, mint, wintergreen, chocolate, vanilla, honey, cocoa, or any candy, dessert,
alcoholic beverage, fruit, herb or any spice. A public statement or claim made or disseminated by the
manufacturer of a tobacco product, or by any person authorized or permitted by the manufacturer
to make or disseminate such statements or claims, that a tobacco product has or produces a taste
or aroma other than tobacco may be the one of the methods used to determine that the product is
a flavored tobacco product, and shall, to the extent permitted by law, create a rebuttable
presumption that the product is a flavored tobacco product.
12.02. 201.03 License Required
1. No person shall may directly, by self-service merchandisingcoin machine, or otherwise, keep
for retail sale, sell at retail, or otherwise dispose of, any tobacco product, tobacco-related devices
or electronic delivery device at any place in the City unless they have obtained a license therefor
as provided herein.
2. Tobacco License. It is unlawful for any person or entity to sell or offer for sale any tobacco
products without first having obtained a Tobacco License from the City. This license permits the
sale of non-flavored tobacco products only.
3. Tobacco Product Shop License. It is unlawful for any person or entity to sell or offer for sale
any tobacco product, including flavored tobacco products, tobacco-related devices or electronic
delivery devices without first obtaining a Tobacco Product Shop License from the City.
4. License Application. Application for such license shall be made to the City ClerkÔs Office and
shall state the full name and address of the applicant, the location of the building to be occupied
by the applicant in the conduct of his business, the kind of business to be conducted, and such
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other information as the City Manager or a designee may require. The license shall be granted
by the City Council and issued by the City Clerk or a designee upon payment of the required fee.
5. License Review. New licenses and license renewals will be approved or denied by the Council
with an initial review period of up to 30 business days.
6. Term. Licenses are issued for a term of one year. All tobacco-related licenses expire on April 30
of each year.
7. License Transfer. Licenses are non-transferable.
8. Fees. The annual license fee is established in the Fees Chapter of the Code.
9. Number of Tobacco Product Shop Licenses Issued. The total number of Tobacco Product Shop
licenses is limited to five.
12.03. Application for License: Granting of License by the Council; Issuance of License by City
Manager or Their Designee
Application for such license shall be made to the City ClerkÔs Office and shall state the full name and
address of the applicant, the location of the building to be occupied by the applicant in the conduct
of his business, the kind of business to be conducted, and such other information as the City Manager
or their designee may require. The license shall be granted by the City Council and issued by the City
Manager or their designee upon payment of the required fee.
New licenses and license renewals shall be issued or denied by the City Manager or their designee
with an initial review period of up to 30 business days in which to issue or deny a license.
Administrative offenses are outlined in Section 12.08.
12.04. License Fee; Term; Date; Restriction on Number of Licenses Issued
The annual license fee and expiration date shall be as provided in Chapter 11 of this Code. Licenses
are not transferable.
The total number of Tobacco Product Shop licenses shall be limited to five.
201.04 Minimum Standards of Operation
1. Posting of License. Every tobacco-related license issued by the City must be openly displayed
at all times in the place of business to which it has been issued.
2. Every retailer requesting a license under this Chapter must implement a training program for
employees regarding laws relating to the sale of tobacco products. Every licensee must certify on
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its annual tobacco license application that all employees have been trained to comply with State
laws regarding the sale of tobacco products.
12.05.Display of License on Premises
Every such license shall be openly displayed at all times in the place of business to which it has been
issued.
12.06.Training
Every retailer requesting a license under this chapter shall implement a training program for
employees regarding laws relating to the sale of tobacco products. Every licensee shall certify on its
annual tobacco license application that all employees have been trained to comply with state laws
regarding the sale of tobacco products.
12.07.201.07 Prohibited Acts
A.1. No person shall may sell, give away, or otherwise furnish any tobacco product, tobacco-
related devices or electronic delivery device to any person under the age of 21 years.
B.2. No person shall may keep for sale, sell, or dispose of any tobacco product, tobacco-related
devices or electronic delivery device containing opium, morphine, jimson weed, bella donna,
strychnia, cocaine, marijuana, or any other deleterious, hallucinogenic, toxic, or controlled
substances or poisonous drug, except nicotine and other substances found naturally in tobacco
or added as part of an otherwise lawful manufacturing process..
C.3. Self-service and vending machine sales are prohibited within the City except in licensed
Tobacco Product Shops.
E.4. Every licensee shall beis responsible for the conduct of its employees while on the licensed
premises. Any sale or other disposition of tobacco products, tobacco-related devices or electronic
delivery device by an employee, or any other violation of any applicable statute, law, rule, or
ordinance Code shall alsowill be considered an act of the licensee for purposes of imposing an
administrative penalty, license suspension, or revocation.
F.5. Smoking and sampling indoors are prohibited. No person shall may smoke in a public place,
at a public meeting, or in a place of employment. This subdivision also prohibits the sampling of
tobacco, tobacco products, electronic delivery devices, nicotine or lobelia delivery products and
products used in electronic delivery devices and nicotine or lobelia delivery products.
G.6. No person or retailer shall may sell or offer for sale any flavored tobacco products unless the
person or retailer holds a Tobacco Product Shop License from the City beginning May 1, 2021.
This restriction does not apply to Tobacco Product Shops.
201.08 Violations
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1. Individuals. Any person who sells any tobacco product, tobacco-related device or an electronic
delivery device to a person under the age of 21 years or who otherwise violates any applicable
law, rule, or Code related to the sale of the products licensed in this Chapter will be subject to an
administrative penalty as established in the Fees Chapter of the Code.
2. Licensees. If a licensee or an employee of a licensee is found to have sold tobacco, tobacco-
related products or electronic delivery devices to a person under the age of 21 years or who
otherwise violates any applicable statute, law, rule, or Code related to the sale of the products
licensed in this Chapter, the licensee is subject to an administrative penalty as established in the
Fees Chapter of the Code.
(a) First violation. If fines are not paid within 20 days the City may suspend the license to sell
tobacco products for a period not to exceed ten days.
(b) Second violation within 36 months. If fine are not paid within 20 days the City may suspend
the license to sell tobacco products for a period not to exceed 30 days.
(c) Third violation within 36 months. The City may permanently revoke the tobacco license.
3. Defense. It is a defense to the charge of selling tobacco to a person under the age of 21 years,
that the licensee or individual, in making the sale, reasonably and in good faith relied upon
representation of proof of age described in Minnesota Statute § 609.685.
4. Compliance Checks; Exemption. The City will conduct compliance checks as required by State
law and may conduct compliance checks at any time it is deemed necessary as determined by
the Public Safety Director or City Manager. A person, at least 17 years of age, but under the age
of 21, may be enlisted to assist in the tests of compliance, provided that written consent from
the personÔs parent or guardian has been obtained if the person is a minor and that the person
shall at all times act only under the direct supervision of a law enforcement officer or an employee
of the licensing department, or in conjunction with a compliance check effort that has been pre-
approved by the Fridley Department of Public Safety.
5. Exemptions. A person who purchases or attempts to purchase tobacco product, tobacco-
related devices or an electronic delivery device while in this capacity is exempt from the penalties
imposed by this Chapter.
6. Revocation. The City Council has the authority to revoke any license as noted in the Fees
Chapter of the Code.
7. Nothing in this Chapter prevents the provision of tobacco or tobacco-related devices to any
person, including a minor, as part of an indigenous practice or a lawfully recognized religious,
spiritual, or cultural ceremony or practice.
12.08.201.08 Administrative Offenses Appeals
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A. Administrative Civil Penalties. Administrative offense procedures established pursuant to this
chapter are intended to provide the public and the City with an informal, cost effective and
expeditious alternative to traditional criminal charges for violations of this chapter. The procedures
are intended to be voluntary on the part of those who have been charged with administrative
offenses.
1. Any person contesting a citation or decision associated with violations of this Chapter may file
an appeal pursuant to the Appeals and Administrative Citations Chapter of the Code.
2. Within 14 business days of a determination by the Hearing Examiner, any person contesting
that decision may appeal to the Council by submitting a written appeal to the City Clerk. At its
next regular meeting following the Hearing Examiner's decision, the Council will affirm, repeal, or
modify that decision.
1.3. Individual. At any time prior to the payment of the administrative penalty as is provided for
hereafter, the individual may withdraw from participation in the procedures in which event the
City may bring criminal charges in accordance with State or federal law. Likewise, the City, at its
discretion, may bring criminal charges in the first instance. In the event a party participates in the
administrative offense procedures but does not pay the monetary penalty which may be
imposed, the City will seek to collect the costs of the administrative offense procedures as part
of a subsequent criminal sentence in the event the party is charged and is adjudicated guilty of
the criminal violation.
2.4. Licensee. At any time prior to the payment of the administrative penalty as is provided for
hereafter, the licensee may withdraw from participation in the procedures in which event the City
may permanently revoke the licenseeÔs tobacco license in accordance with State or federal law.
Likewise, the City, in its discretion, may revoke the licenseeÔs tobacco license in the first instance.
In the event a licensee participates in the administrative offense procedures but does not pay the
monetary penalty which may be imposed, the City will suspend the licenseeÔs tobacco license in
accordance with section 12.08 subdivision B of this chapterthis Chapter.
B.5. Notice. The City Manager or their a designee shallmust, upon determining there has been a
violation, notify the violator of the violation. Said notice shall must set forth the nature, date and
time of violation, the name of the officer issuing the notice and the amount of the scheduled
penalty.
C.6. Payment. Once such notice is given, the alleged violator may, within 20 days of the time of
issuance of the notice pay the penalty as set forth on the notice, or may request a hearing in
writing, as provided for hereafter. The penalty may be paid in person or by mail, and payment
shall will be deemed to be an admission of the violation.
D. Hearing. Any person contesting an administrative offense pursuant to this chapter may request a
hearing before the Hearing Examiner. Such request shall be filed in writing with the office of the City
Manager or their designee within 20 calendar days of the offense. The City Manager or their designee
must shall notify the Hearing Examiner, who will notify the licensee of the date, time, and place of
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hearing. The hearing shall be conducted no more than 20 calendar days after the Hearing Examiner
receives notice of the request, unless a later date is mutually agreed to by the Hearing Examiner, the
licensee, individual and the City. Within ten calendar days after such hearing, the Hearing Examiner
shall affirm, repeal, or modify the charge against the licensee or individual.
E. Appeal. Any person aggrieved by the decision of the Hearing Examiner may appeal with the City
Manager or their designee within 20 calendar days of receiving notice of the Hearing ExaminerÔs
decision. At its next available regular meeting following the filing of a notice of appeal, the Council
shall review the decision and findings of fact of the Hearing Examiner and shall affirm, repeal or
modify that decision.
F. Hearing Examiner. The position of Hearing Examiner is hereby created. The City Manager or their
designee may, at their discretion contract with third parties for the furnishing of all services of the
Hearing Examiner as contained in this chapter and set the rate of compensation therefor.
G. Qualifications. The Hearing Examiner shall be an individual trained in law; however, it shall not be
required that the Hearing Examiner be currently licensed to practice law in the State of Minnesota.
H. Duties. The Hearing Examiner shall have the following duties:
1. Set dates and hear all contested cases;
2. Take testimony from all interested parties;
3. Examine all facts, evidence and testimony presented;
4. Make a complete record of all proceedings including findings of fact and conclusions of
law;
5. Affirm, repeal or modify the penalty assessed.
I.7. Failure to Pay. In the event a party charged with an administrative penalty is an individual who
fails to pay the penalty, the party may be charged with a criminal offense. In the event a party
charged with an administrative penalty is a licensee who fails to pay the penalty, the Council may
suspend or revoke the licenseeÔs tobacco license.
J.8. Disposition of Penalties. All penalties collected pursuant to this Chapter shall must be paid to
the CityÔs treasurer Treasurer and will be deposited in the CityÔs general fundGeneral Fund.
12.09. Violations
A. Administrative Civil Penalties: Individuals. Any person who sells any tobacco product, tobacco-
related devices or an electronic delivery device to a person under the age of 21 years or who
otherwise violates any applicable statute, law, rule, or ordinance related to the sale of the products
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licensed in this chapter shall be subject to an administrative penalty. The administrative penalties are
as follows:
1. First violation. The penalty for the first violation is $250.00.
2. Second violation within 12 months. The penalty for the second violation is $500.00.
3. Third violation within 12 months. The penalty for the third violation is $750.00.
B. Administrative Civil Penalties: Licensee. If a licensee or an employee of a licensee is found to have
sold tobacco, tobacco-related products or electronic delivery devices to a person under the age of
21 years or who otherwise violates any applicable statute, law, rule, or ordinance related to the sale
of the products licensed in this chapter, the licensee shall be subject to an administrative penalty as
follows:
1. First violation. The penalty for the first violation is $500.00. If the fine is not paid within 20
days the City may suspend the license to sell tobacco products for a period not to
exceed ten days.
2. Second violation within 36 months. The penalty for the second violation is $1000.00. If the
fine is not paid within 20 days the City may suspend the license to sell tobacco
products for a period not to exceed 30 days.
3. Third violation within 36 months. The City may permanently revoke the tobacco license.
C. Defense. It is a defense to the charge of selling tobacco to a person under the age of 21 years,
that the licensee or individual, in making the sale, reasonably and in good faith relied upon
representation of proof of age described in State Statute Section 340A.503 subdivision six, paragraph
(a).
D. Compliance Checks; Exemption. The City shall conduct compliance checks as required by law, and
may conduct compliance checks at any time it is deemed necessary as determined by the Public
Safety Director or City Manager. A person, at least 17 years of age, but under the age of 21, may be
enlisted to assist in the tests of compliance, provided that written consent from the personÔs parent
or guardian has been obtained if the person is a minor and that the person shall at all times act only
under the direct supervision of a law enforcement officer or an employee of the licensing department,
or in conjunction with a compliance check effort that has been pre-approved by the Fridley
Department of Public Safety.
A person who purchases or attempts to purchase tobacco product, tobacco-related devices or an
electronic delivery device while in this capacity is exempt from the penalties imposed by subdivision
(A) above.
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E. Revocation. The City Council has the authority to revoke any license as noted in Fridley City Code
Chapter 11.
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Section 3
Amending Fridley City Code Chapter 31 (Pawn Shops).
Fridley City Code
Chapter 31.702 Pawn Shops
31.01702.01 Purpose
The Fridley City council Council (Council) finds that the use of services provided by pawnbrokers
provides an opportunity for the commission of crimes and their concealment because pawn
businesses have the ability to receive and transfer property stolen by others easily and quickly.
The City Council also finds that consumer protection regulation is warranted in transactions
involving pawnbrokers. The City Council also finds that consumer protection regulation is
warranted in transactions involving pawnbrokers. The City Council further finds that the pawn
industry has outgrown the CityÔs current ability to effectively or efficiently identify criminal activity
related to pawn shops. The purpose of this chapter Chapter is to prevent pawn businesses from
being used as facilities for the commission of crimes and to assure that such businesses comply
with basic consumer protection standards, thereby protecting the public health, safety, and
general welfare of the citizens of the City of Fridley (City).
To help the police department better regulate current and future pawn businesses, decrease and
stabilize costs associated with the regulation of the pawn industry, and increase identification of
criminal activities in the pawn industry through the timely collection and sharing of pawn
transaction information, this chapter also implements and establishes the required use of the
Automated Pawn System (APS).
31.02702.02 Definitions
The following words and terms when used in this Chapter shall have the following meanings:
1. Licensee.
The person, corporation, company, partnership, or association to whom a license is issued under
this Chapter including any agents or employees of the person, corporation, company,
partnership, or association.
2. Minor.
Any natural person under the age of eighteen (18) years.
3. Pawnbroker.
A person, corporation, partnership, or association who loans money on deposit or pledge of
personal property or other valuable things or who deals in the purchasing of personal property
or other valuable things on condition of selling the same back again at a stipulated price or who
loans money secured by security interest on personal property or any part thereof. This Chapter
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does not apply to a person, corporation, partnership, or association doing business under and as
permitted by any law of this State or of the United States relating to banks, building and loan
associations, savings and loan associations, trust companies or credit unions.
4. Public Safety Director.
The Public Safety Director of the City of Fridley or the Director's designee.
5. City.
The City of Fridley, Minnesota, a municipal corporation.
6. Reportable Transaction.
Every transaction conducted by a pawnbroker in which merchandise is received through a pawn
purchase, consignment or trade, or in which a pawn is renewed, extended, redeemed or voided,
is a reportable transaction except:
A. The bulk purchase or consignment of new or used merchandise from a merchant,
manufacturer, or wholesaler having an established permanent place of business, and the
retail sale of said merchandise, provided the pawnbroker must maintain a record of such
purchase or consignment which describes each item, and must mark each item in a
number which relates it to that transaction record.
B. Retail and wholesale sales of merchandise originally received by pawn or purchase,
and for which all applicable hold and/or redemption periods have expired.
7. Billable Transactions.
Every reportable transaction conducted by a pawnbroker except renewals, redemptions,
or extensions of existing pawns on items previously reported and continuously in the
licenseeÔs possession is a billable transaction.
8. Acceptable Identification.
Acceptable forms of identification are a current valid Minnesota driverÔs license, a current valid
Minnesota identification card, or a current valid photo identification card issued by another state
or a province of Canada.
Acceptable Identification: a current valid Minnesota driverÔs license, a current valid Minnesota
identification card, or a current valid photo identification card issued by another state or a
province of Canada.
Billable Transactions: every reportable transaction conducted by a pawnbroker except renewals,
redemptions, or extensions of existing pawns on items previously reported and continuously in
the licenseeÔs possession, voided transactions, and confiscations is a billable transaction.
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Licensee: the person, corporation, company, partnership, or association to whom a license is
issued under this Chapter including any agents or employees of the person, corporation,
company, partnership or association.
Minor: any person under the age of 18 years.
Operating officer: the person responsible for the day-to-day operating decisions of the licensed
premises.
Pawnbroker: a person, corporation, partnership, or association who loans money on deposit or
pledge of personal property or other valuable thing or who deals in the purchasing of personal
property or other valuable thing on condition of selling the same back again at a stipulated price
or who loans money secured by security interest on personal property, taking possession of the
property or any part thereof. This Chapter does not apply to a person, corporation, partnership,
or association doing business under and as permitted by any law of this State or of the United
States relating to banks, building and loan associations, savings and loan associations, trust
companies or credit unions.
Reportable Transaction: every transaction conducted by a pawnbroker in which merchandise is
received through a pawn purchase, consignment or trade, or in which a pawn is renewed,
extended, redeemed or voided, or for which a unique transaction number or identifier is generated
by a point-of-sale software or system, or an item is confiscated by law enforcement is a reportable
transaction except:
1. The bulk purchase or consignment of new or used merchandise from a merchant,
manufacturer, or wholesaler having an established permanent place of business, and the
retail sale of said merchandise, provided the pawnbroker must maintain a record of such
purchase or consignment which describes each item, and must mark each item in a
number which relates it to that transaction record.
2. Retail and wholesale sales of merchandise originally received by pawn or purchase, and
for which all applicable hold or redemption periods have expired.
31.03. License Required
No person, corporation, partnership, or association shall exercise, carry on or be engaged in the
trade or business of pawnbroker without first obtaining a license from the City as provided in this
Chapter.
31.04. Initial License Application
1. General.
Applications for pawnbrokers' licenses to be issued under this Chapter shall contain information
as required on forms prescribed by the City.
2. Nature of Application.
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The application shall state whether the applicant is a natural person, corporation, partnership or
other form of organization.
3. Natural Person,
If applicant is a natural person, the following information shall be furnished
A True name, place and date of birth and street residence address and length of time
at that address, of applicant.
B. Whether applicant has ever used or been known by a name other than his true
name and, if so, what was such name or names, and information concerning dates and
places where used.
C. The name of the business if it is to be conducted under a designation, name or
style other than the full individual name of the applicant
D. Kind, name and location of every business or occupation applicant has been
engaged in during the preceding five (5) years.
E. Names and addresses of applicant's employers and partners, if any, for the
preceding five (5) years.
F. Whether applicant has ever been convicted of a felony, gross misdemeanor or
misdemeanor, excluding traffic violations, and if so, the date and place of conviction and
the nature of the offense.
G. If applicant has not resided in the City for three (3) years last preceding the date of
application, at least four (4) character references from residents of the State of Minnesota.
4 Partnership.
If applicant is a partnership, the names and addresses of all partners and all information
concerning each partner as is required of a single applicant. A managing partner, or
partners, shall be designated. The interest of each partner in the business shall be
disclosed.
5. Corporation.
If applicant is a corporation or other association, the following information shall be
required,
A. Name and, if incorporated, the state of incorporation.
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B. A true copy of the certificate of incorporation, articles of incorporation or
association agreement and by-laws and, if a foreign corporation, a certificate of authority
as described in Minnesota Statutes
C. The name, of the operating officer or proprietor or other agent in charge of the
promises to be licensed, giving all the information about said person as is required of a
single applicant. As used in this Chapter, the term "operating officer" shall mean the person
responsible for the day-to-day operating decisions of the licensed premises.
D. A list of all persons who, singly or together with their spouse, or a parent, brother,
sister or child or either of them, own or control an interest in said corporation or
association in excess of five percent (5%) or who are officers or directors of said
corporation or association; together with their addresses and all information as is required
of a single applicant.
6. New Manager.
When a licensee places a manager in charge of a business, or if the named manager(s) in
charge of a licensed business changes, the licensee must complete and submit the
appropriate application within fourteen (14) days. The applicant must include all
appropriate information required in section 31.04.
7. Description of premises.
A. Legal Description.
The exact legal description of the premises to be licensed, together with a siteplot plan of
the area for which the license is sought showing dimensions, location of buildings, street
access, and parking facilities.
B. Street Address.
The street address of the premises for which application is made.
8. Taxes.
Whether or not all real estate taxes, assessments, or other financial claims of the City, State or
Federal government for the business and premises to be licensed have been paid, and if not paid,
the years for which delinquent.
9. Other Information Required.
Such other information as the City Council shall require.
31.05. Renewal Applications
1. License Period, Expiration.
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Each renewal license shall be issued for a maximum period of one year.
31.06. Execution of Application
If application is by a natural person, it shall be signed and sworn to by such person; if by a
corporation or company, by an officer thereof; if by a partnership, by one of the general partners;
if by an incorporated association, by the operating officer or managing officer thereof. If the
applicant is a partnership, the application, license and bond shall be made and issued in the name
of all partners. Any false statement in an application shall result in denial of the application.
31.07. Granting Licenses
1. At the time of making an initial or renewal application, the applicant shall, in writing,
authorize the Police Department to investigate all facts set out in the application and do a personal
background and criminal record check on the applicant. The applicant shall further authorize the
Police Department to release information received from such investigation to the City Council.
2. Each license shall be issued to the applicant only and shall not be transferable.
3. Each license shall be issued only for the premises described in the application and shall
not be transferable to a different location.
4. No change in ownership, control or location of a license shall be permitted except by
amendment to the license which amendment must be approved by the City Council.
5. No more than two (2) licenses shall be issued by the City at any time and priority shall be
given to qualified applicants for renewal of existing license.
31.08. License Fees Established
1. Billable Transaction Fees
Licensees shall pay a monthly transaction fee on all billable transactions as specified in Chapter
11, General Provisions and fees, of the Fridley City Code. Such fee shall be due and payable within
30 days. Failure to timely pay the billable transaction fee shall constitute a violation of this section.
2. Annual Fees.
The annual license fee for licenses required by this article shall be in the amounts as specified in
Chapter 11, General Provisions and Fees, of the Fridley City Code.
3. Investigation Fees.
At the time, of each original application for a license, the applicant: shall pay, in full, an
investigation fee. The investigation fee shall be as specified in Chapter 11, Provisions and Fees, of
the Fridley City Code.
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31.09. Payment of Fees
1. Initial Fees.
The annual license and investigation fees for a new license shall be paid in full before the
application for the license is accepted. Upon rejection of any application for a license or upon
withdrawal of an application before approval of the issuance by the Council, the license fee only
shall be refunded to the applicant except where rejection is for a willful misstatement in the license
application. If any investigation outside the State of Minnesota is required, the applicant shall be
charged the cost which shall be paid by the applicant, prior to issuance of a license, after deducting
the initial investigation fee, whether or not the license is granted.
2.Pro Rated Fee for New Licenses.
If the application for a new license under this Chapter is made during a license year, a license may
be issued for the remainder of the license year for a fee assessed proportionately by the number
of months remaining in the license year. Any fraction of a month will be counted as a complete
month.
No refund, reduction, or adjustment of a license fee shall be made to any licensee that ceases
operation during the term of the license.
3. Renewal Fees.
The annual license fee for renewal of a license, shall be paid in full at the time the renewal
application is filed with the City.
31.10. Bond Required
At the time of filing, in application for a license, the applicant shall file a bond in the amount of
Five Thousand Dollars ($5,000) with the City. The bond, with a duly licensed surety company as
surety thereon, must be approved as to form by the City Attorney. Said bond must be conditioned
that the licensee shall observe the ordinances of the City, in relation to the business of
pawnbroker, and that the licensee, will account for and deliver to any person legally entitled
thereto any articles which may have come into the possession of the licensee as pawnbroker or in
lieu thereof such licensee shall pay the person or persons the reasonable value thereof.
31.11. Persons and Places Ineligible for License
1. No license shall be granted to or held by any person who:
A. Is a minor at the time the application is filed.
B. Has been convicted of any crime directly related to the occupation licensed, as prescribed
by Minnesota Statutes, and has not shown competent evidence of sufficient rehabilitation and
present fitness to perform the duties of a pawnbroker.
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702.03 License Required
1. No person, corporation, partnership, or association may exercise, carry on or be engaged in
the trade or business of pawnbroker without first obtaining a license from the City as provided
in this Chapter.
2. No more than two licenses will be issued by the City at any time and priority will be given
to qualified applicants for renewal of existing license.
3. Applications must be made with the City in the format prescribed by the City.
4. License application. The following information must be furnished:
(a) True name, place and date of birth and street residence address and length of time at
that address, of applicant.
(b) Whether applicant has ever used or been known by a name other than his true name
and, if so, what was such name or names, and information concerning dates and places
where used.
(c) The name of the business if it is to be conducted under a designation, name or style
other than the full individual name of the applicant
(d) Kind, name and location of every business or occupation applicant has been engaged
in during the preceding five years.
(e) Names and addresses of applicant's employers and partners, if any, for the preceding
five years.
(f) Whether applicant has ever been convicted of a felony, gross misdemeanor or
misdemeanor, excluding traffic violations, and if so, the date and place of conviction and
the nature of the offense.
(g) If applicant has not resided in the City for three years last preceding the date of
application, at least four character references from residents of the State of Minnesota.
(h) Description of premises. Licenses are required to provide the exact legal description of
the premises to be licensed, together with a site plan of the area for which the license is
sought showing dimensions, location of buildings, street access, and parking facilities.
(i) Whether or not all real estate taxes, assessments, or other financial claims of the City,
State or Federal government for the business and premises to be licensed have been paid.
If not paid, the years for which delinquent.
(j) Partnership. If applicant is a partnership, the names and addresses of all partners and
all information concerning each partner as is required of a single applicant. A managing
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partner, or partners, must be designated. The interest of each partner in the business must
be disclosed.
(k) Corporations and companies. If applicant is a corporation. company or other
association, the following information is required:
(1) Name and, if incorporated, the state of incorporation.
(2) A true copy of the certificate of incorporation, articles of incorporation or
association agreement and by-laws and, if a foreign corporation or company, a
certificate of authority as described in Minnesota Statutes.
(3) The name, of the operating officer or proprietor or other agent in charge of the
premises to be licensed, giving all the information about said person as is required of
a single applicant.
(4) A list of all persons who, singly or together with their spouse, or a parent, sibling or
child or either of them, own or control an interest in said corporation or association in
excess of 5% or who are officers or directors of said corporation or association;
together with their addresses and all information as is required of a single applicant.
(l) Execution of application. If application is by a natural person, it must be signed and
sworn to by such person; if by a corporation or company, by an officer thereof; if by a
partnership, by one of the general partners; if by an incorporated association, by the
operating officer or managing officer thereof. If the applicant is a partnership, the
application, license and bond must be made and issued in the name of all partners. Any
false statement in an application will result in denial of the application.
(m) Such other information as the City Council, City Manager or the Public Safety Director
require.
5. New manager. When a licensee places a manager in charge of a business, or if the named
manager(s) in charge of a licensed business changes, the licensee must complete and submit
the appropriate application within 14 days.
6. Granting licenses.
(a) At the time of making an initial or renewal application, the applicant must, in writing,
authorize the Police Division to investigate all facts set out in the application and do a
personal background and criminal record check on the applicant. The applicant must
further authorize the Police Division to release information received from such
investigation to the City Council.
(b) Each license will be issued to the applicant only and is not transferable.
(c) Each license will be issued only for the premises described in the application and is not
transferable to a different location.
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(d) No change in ownership, control or location of a license will be permitted except by
amendment to the license which amendment must be approved by the Council.
7. Fees. Fees for this license are set in the Fees Chapter of the Code.
(a) Licensees must pay a monthly transaction fee on all billable transactions. Such fee is
due and payable within 30 days. Failure to pay the billable transaction fee will constitute a
violation of this Chapter and license conditions.
(b) Initial license fees. The annual license and investigation fees for a new license must be
paid in full before the application for the license is accepted. Upon rejection of any
application for a license or upon withdrawal of an application before approval of the
issuance by the Council, the license fee only will be refunded to the applicant except where
rejection is for a willful misstatement in the license application. If any investigation outside
the State of Minnesota is required, the applicant will be charged the cost of the out of
state investigation, prior to issuance of a license, after deducting the initial investigation
fee, whether or not the license is granted.
(c) Pro Rated Fee for New Licenses. If the application for a new license under this Chapter
is made during a license year, a license may be issued for the remainder of the license year
for a fee assessed proportionately by the number of months remaining in the license year.
Any fraction of a month will be counted as a complete month. No refund, reduction, or
adjustment of a license fee will be made to any licensee that ceases operation during the
term of the license.
(d) The annual license fee for renewal of a license, must be paid in full at the time the
renewal application is filed with the City. The license renewal fee is set in the Fees Chapter
of the Code.
8. Bond required. At the time of filing an application for a license, the applicant must file a
bond in the amount set forth in the Fees Chapter of the Code. The bond, with a duly licensed
surety company as surety thereon, must be approved as to form by the City Attorney. Said
bond must be conditioned that the licensee will observe the Code of the City, in relation to
the business of pawnbroker, and that the licensee, will account for and deliver to any person
legally entitled thereto any articles which may have come into the possession of the licensee
as pawnbroker or in lieu thereof such licensee must pay the person or persons the reasonable
value thereof. The bond must also contain a provision that no bond may be canceled except
upon 30 daysÔ written notice to the City.
9. To help the Police Division regulate current and future pawn businesses, decrease and
stabilize costs associated with the regulation of the pawn industry and increase identification
of criminal activities in the pawn industry through the timely collection and sharing of pawn
transaction information, licensed pawn businesses in the City must participate the pawn
transaction database specified by the City.
702.04 Persons and Places Ineligible for License
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No license will be grated to or held by any person who:
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
by Minnesota Statutes § 364.03, subd. 1, and has not shown competent evidence of sufficient
rehabilitation and present fitness to perform the duties of a licensee under this Chapter as
prescribed by Minnesota Statutes § 364.03, subd. 3.
3. Is not of good character and repute, as determined by the Council.
31.12.702.05 Conditions of License
1. Records. Every license, at the time of receipt of an article deposited, left, sold, purchased,
pledged or pawned, shall must immediately record, in English, on forms or in an electronic
date data storage and retrieval system approved by the Public Safety Director or a designee,
the following information:
A. (a) An complete and accurate description of the article, including but not limited
to, any manufacture name, brand name, model number, serial number, identification
number, or other identifying mark.
B. (b) The amount of money received by the person pawning, pledging, or selling the
article, together with the annual rate of interest and the amount required to redeem the
article if it was pawned or pledged.
C. (c) The date, time and place of receipt of the article, and the unique alpha and/or
numeric transaction identifier that distinguishes it from all other transactions in the
licenseeÔs records. Transaction identifiers must be consecutively numbered.
D. (d) The full name, date of birth, current residence, current telephone number if
possessed, and a reasonably accurate description of the person from whom the article was
received including at a minimum sex, height, weight, and race, color of eyes and color of
hair.
E. (e) The identification number and state of issue from any one of the following forms
of identification:
(1) Current valid driverÔs license;
(2) Current valid photo identification card issued by the State of Minnesota, another
state or a province of Canada;
(3) Current valid military identification card; or
(4) Current valid passport.
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F. (f) The name or unique identifier of the licensee or employee that conducted the
transaction.
G. (g) The signature of the person identified in the transaction.
H. (h) The licensee must also take a color photograph or color video recording of:
(1) Each customer involved in a billable transaction.
(2) Every item pawned or sold that does not have a unique serial or identification
number permanently engraved or affixed to the item.
(3) If a photograph is taken, it must be at least two (2) inches in length by two (2) inches
in width and must be maintained in such a manner that the photograph can be readily
matched and correlated with all other records of the transaction to which it relates.
Such photographs must be available to the Public Safety Director or his designee upon
request. The major portion of the photograph must include an identifiable front facial
close-up of the person who pawned or sold the item. Items photographed must be
accurately depicted. The licensee must inform the person that he or she is being
photographed by displaying a sign of sufficient size in a conspicuous place in the
premises. If a video photograph is taken, the video camera must zoom in on that
personÔs face. Items photographed by video must be accurately depicted. Video
photographs must be electronically referenced by time and date so they can be readily
matched and correlated with all other records of the transaction to which they relate.
The licensee must inform the person that he or she is being videotaped orally and by
displaying a sign of sufficient size in a conspicuous place on the premises. The licensee
must keep the exposed videotape for three (3) months and surrendering it to the police
department upon request.
I. (i) Effective sixty (60) days from notification by the police department, licensees
must fulfill the color photograph requirements in section 31.12.1.H by submitting them as
digital images in a format specified by the issuing authorityPolice Division, electronically,
cross-referenced to the reportable transaction they are associated with. Notwithstanding
the digital images may be captured from required video recordings, this provision does
not alter or amend the requirements in subdivision H.
J. (j) For renewals, extensions and redemptions, the licensee shall must provide the
original transaction identifier, the date of the current transaction, the type of transaction.
2. Disposition Of Articles
A. (a) When any article of pawned or pledged property is redeemed from a licensee,
the records shall must contain an account: of such redemption with the date, interest
charges accrued, and the total amount for which the article was redeemed.
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B. (b) When an article of purchased or forfeited property is sold or disposed of by a
licensee and the licensee receives one-hundred dollars ($100.00) or more in payment
thereof, the records shall must contain an account of such sale with the date, and
telephone number of the person to whom sold.
3. Inspection of Records. The records referred to in this section shall must be open to the
inspection of the Public Safety Director or a designee at all reasonable times and shall must
be retained by the licensee for at least three (3) years. Entries of required digital images shall
must be retained a minimum of ninety (90) days.
4. Label Required. Licensees must attach a label to every item at the time it is pawned,
purchased or received in inventory from any reportable transaction. Permanently recorded
on this label must be the number or name that identifies the transaction in the pawn shopÔs
records, the transaction date, the name of the item and the description or the model and serial
number of the item as reported to the police department, whichever is applicable, and the
date the item is out of pawn or can be sold, if applicable. Labels shall may not be reused.
5. Receipt. Every licensee must provide a receipt to the party identified in every reportable
transaction and must maintain a duplicate of that receipt for three (3) years. The receipt must
include at least the following information:
A. (a) The name, address and telephone number of the licensed business.
B. (b) The date and time the item was received by the licensee.
C. (c) Whether the item was pawned or sold, or the nature of the transaction.
D. (d) An accurate description of each item received including, but not limited to, any
trademark, identification number, serial number, model number, brand name, or other
identifying mark on such an item.
E. (e) The signature of unique identifier or the licensee or employee that conducted
the transaction.
F. (f) The amount advanced or paid.
G. (g) The monthly and annual interest rates, including all pawn fees and charges.
H. (h) The last regular day of business by which the item must be redeemed by the
pledgeor without risk that the item will be sold, and the amount necessary to redeem the
pawned item on that date.
I. (i) The full name, current residence address, current residence telephone number,
and date of birth of the pledgor or seller.
J. (j) The identification number and state of issue of any of the following forms of
identification of the seller:from an acceptable form of identification.
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(1) Current valid Minnesota driverÔs license;
(2) Current valid Minnesota identification card;
(3) Current valid photo driverÔs license or identification card issued by another
state or Canadian province;
(4) Current valid military identification card; or
(5) Current valid passport.
K. (k) Description of the pledgor or seller, including sex, height, weight, race, color of
eyes and color of hair.
L. (l) The signature of the pledgor or seller.
M. (m) All printed statements as required by Minnesota State Statute § 325J.04,
subdivision subd. 2, or any other applicable statutes or rules.
6. Daily Reports to Police
A. (a) Unless otherwise authorized by the Police DepartmentDivision, licensees must
provide to the Police Department Division the information required in Section
31.12.1Section 702.05 (1) by transferring that information from their computer to the
Police department Division via modem to the pawn reporting software via modem using
the current version of the pawn reporting software. All required records must be
transmitted completely and accurately after the close of business each day in accordance
with standards and procedures established by the City of Fridley using a dial callback
protocol or other procedures that address security concerns of the licensees and the City
of Fridley. The licensee must display a sign of sufficient size, in a conspicuous place on the
premises, which informs all patrons that all transactions are reported to the Police
Department Division daily.
B. (b) Licensees will be charged monthly for billable transactions at the current rate
established by the City Council.
C. (c) If a licensee is unable to successfully transfer the required reports to the pawn
reporting softwareby modem, the licensee must provide the Police Department Division
printed copies of all reportable transactions along with the video tape(s) for that date by
12:00 oÔclock noon the next business day. If the problem is determined to be in the
licenseeÔs system and is not corrected by the close of the first business day following the
failure, the license must provide the required reports as provided for herein, but may be
charged a reporting failure penalty, established by the City Council, each day until the error
is corrected. If the problem is determined to be outside the licenseeÔs system, the licensee
must continue to provide the information as provided herein, and resubmit all such
transactions via the pawn reporting software modem when the error is corrected
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Regardless of the cause or origin of the technical problems that prevented the licensee
from uploading their reportable transactions, upon correction of the problem, the licensee
shall must upload every reportable transaction from every business day the problem
existed.
D.(d) If a licensee is unable to capture, digitize or transmit the photographs required
in Section 31.12.1 702.05 (1) the licensee must immediately take all required photographs
with a still camera, immediately develop the pictures, cross reference the photographs to
the correct transaction, and deliver them to the Police Department Division by 12:00
oÔclock noon the next business day. Licensees may be subject to an additional charge for
each photograph submitted in this manner after the close of the first business day
following failure.
E. (e) Notwithstanding any other provisions herein, the Public Safety Director or a
designee, or his designee, upon presentation of extenuating circumstances, may extend
the period before any additional charges are imposed for the manual reporting of billable
transactions.
7. Redemption Period
Any person pledging, pawning or depositing an article for security shall must have a minimum
of ninety (90) days from the date of that transaction to redeem the article before it may be
forfeited and sold. During the ninety (90) day holding period articles shall may not be removed
from the licensed premises.
Licensees are prohibited from redeeming any article of property to anyone other than the
person to whom the receipt was issued; or to any person identified in a written and notarized
authorization to redeem the article(s) of property identified in the receipt; or to a person
identified in writing by the pledgor at the time of the initial transaction and signed by the
pledgeor; or with the approval of the Public Safety Director or a designee. Written
authorization for release of articles of property to persons other than the original pledgor
must be maintained along with the original transaction record.
8. Holding Period
No article of property pledged, pawned or on deposit for security with any licensee shall may
be permitted to be redeemed for a period of seventy-two (72) hours from the date of
transaction, excluding Sundays and holidays, except upon written authorization of the Public
Safety Director or a designee.
No article of property purchased by a licensee may be sold or otherwise disposed of for thirty
(30) days from the date of the transaction except that articles of property for which there
exists a valid certificate of title issued by the State of Minnesota, showing ownership and
registration by the person from whom the article was received, may be sold or otherwise
disposed of ten (10) days from the date of transaction.
9. Police Restrictions on Sale or Redemption
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A. (a) Investigative Hold. Whenever a law enforcement official from any agency, acting
in the course and scope of his or hertheir duties, notifies a licensee not to sell or permit to
be redeemed an article of property in the licenseeÔs possession, the article may not be
sold, redeemed or removed from the premises by the licensee. The Investigative Hold
shall must be confirmed in writing by the originating agency within seventy-two (72) hours
and will remain in effect for fifteen (15) days from the date of notification, or until the hold
is cancelled, or until a Police Hold is issued pursuant to section 31.12.9.B702.05 (9) (b), or
until the article is confiscated, whichever comes first.
B. (b) Police Hold. Whenever the Public Safety Director or a designee notifies a
licensee not to sell or permit to be redeemed an article of property in the licenseeÔs
possession, the article may not be sold, redeemed or removed from the premises by the
licensee. The Police Hold shall must be confirmed in writing within seventy-two (72) hours
and will remain in effect for ninety (90) days from the date of notification unless the Public
Safety Director or a designee determines the hold is still necessary and notifies the licensee
in writing. When a Police Hold is no longer needed the Public Safety Director or a designee
shall will so notify the licensee.
C. (c) Confiscation. If an article of property in the licenseeÔs possession is determined
to be stolen, it may be confiscated and seized as evidence by any police officer. A request
for restitution from any person charged in regards to the stolen property confiscated shall
will be made on behalf of the licensee. When an article of property is confiscated, the
person doing so shall must provide identification upon request of the licensee, and shall
must complete a confiscation report providing at a minimum the name and telephone
number of the confiscating agency and investigator, and the case number of the police
report related to the confiscation. The confiscation report shall must be included with the
daily reports to police, submitted by the licensee, for review by the Public Safety Director
or a designee.
10. Payment by Check. Payment of more than five hundred dollars ($500.00) by any licensee
for any article deposited, left, purchased, pledged or pawned shall may be made only by a
check, draft or other negotiable or nonnegotiable instrument or order of withdrawal which is
drawn against funds held by a financial institution.
11. Posting License. All licensees shall must post their licenses, in a conspicuous place, in the
licensed premises under the licensed activity.
12. Responsibility of Licensee. The conduct of agents or employees of a licensee, while
engaged in performance of their duties for their principal or employer under such license, shall
will be deemed the conduct of the licensee.
13. Penalty for Property Owner. It is unlawful for any person who owns or controls any real
property to knowingly permit it to be used for pawnbroking without a license required by this
Chapter.
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14. Business at Only One Place. A license under this Chapter authorizes the licensee to carry
on its business only at the permanent place of business designed in the license. However,
upon written request, the Public Safety Director or a designee may approve an off-site locked
and secure storage facility. The licensee shall must permit inspection of the facility in
accordance with Section 31.14.07. All provisions of this Chapter regarding record keeping and
reporting apply to the facility and its contents. Articles of property shall must be stored in
compliance with all provisions of the City Code.
31.13.702.06 Restricted Transactions
1. No licensee shall may be open for the transaction of business on any day of the week before
7:00 a.m. or after 10:00 p.m.
2. No licensee shall may purchase, accept, or receive any article of property from any minor or
from any person of unsound mind or from an intoxicated person.
3. No licensee shall may purchase, accept, or receive any article of property which contains an
altered or obliterated serial number or an article of property whose serial number has been
removed.
4. No licensee may purchase, accept, or receive any article of property knowing, or having
reason to know, that the article of property is encumbered by a security interest. For the
purpose of this section Ñsecurity interestÒ means an interest in property which secures
payment or other performance of an obligation.
5. No licensee no nor any agent or employee of a licensee shall may purchase, accept, or
receive any article of property from any person knowing, or having reason to know, that said
person is not the true and correct owner of the property.
6. No licensee nor any agent or employee of a licensee shall may purchase, accept, or receive
any article of property, from any person, without first having examined an acceptable form of
identification.
31.14.702.07 Inspection
1. Premises. Any licensee shallmust, at all times during the term of the license, allow Public
Safety Director or a designee to enter the premises, where the licensee is carrying on business,
including all off-site storage facilities as authorized in Section 31.12.14, during normal business
hours, except in an emergency, for the purpose of inspecting such premises and inspecting
the articles and records therein to locate goods suspected or alleged to have been stolen and
to verify compliance with this Chapter or other applicable laws. No licensee shall may conceal
any article in the licenseeÔshis possession from the Public Safety Director or a designee.
2. Inspection by Police or Claimed Owner. All articles of property coming into the possession
of any licensee, under the terms hereof, shall must be open to inspection and right of
examination of any police officer or any person claiming to have been the owner thereof or
claiming to have had an interest therein when such person is accompanied by a police officer.
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31.15.702.08 Conduct of Persons on Licensed Premises
1. No person may pawn, pledge, sell, leave, or deposit any article of property not their own;
nor shall may any person offer or attempt to pawn, pledge, sell, leave, or deposit the property
of another, whether with permission or without, nor shall may any person pawn, pledge, sell,
leave or deposit any article of property in which another has a security interest; with any
licensee.
2. No minor may pawn, pledge, sell, leave, or deposit any article of property with any licensee.
3. No person may pawn, pledge, sell, leave, or deposit any article of property with any licensee
without first having presented an acceptable form of identification.
4. All licensees shall must by adequate signage and separate written notice inform persons
seeking to pawn, pledge, sell, leave, or deposit articles of property with the licensee of the
foregoing requirements.
5. For the purpose of this section Ñadequate signageÒ shall beis deemed to mean at least one
sign, of not less than four (4) square feet in surface area, comprised of lettering of not less
than three-quarters (3/4) of an of one inch in height, posted in a conspicuous place on the
licensed premises and stating substantially the following:
TO PAWN OR SELL PROPERTY:
YOU MUST BE AT LEAST 18 YEARS OF AGE.
YOU MUST BE THE TRUE OWNER OF THE PROPERTY.
THE PROPERTY MUST BE FREE OF ALL CLAIMS AND LIENS.
YOU MUST PRESENT VALID PHOTO IDENTIFICATION.
VIOLATION OF ANY OF THESE REQUIREMENTS IS A CRIME.
6. For the purpose of this section Ñseparate written noticeÒ shall beis deemed to mean either
the receipt, as required in Section 31.12.5, or a printed form, incorporating a statement to the
effect that the person pawning, pledging, selling, leaving, or depositing the article is at least
eighteen (18) years of age; is the true owner of the article; and that the article is free of all
claims and liens; which is acknowledged by way of signature of the person pawning, pledging,
selling, leaving, or depositing the article.
7. No person seeking to pawn, pledge, sell, leave, or deposit any article of property with any
licensee shall may give a false or fictitious name; nor give a false date of birth; nor give a false
or out of date address of residence or telephone number; nor present a false driverÔs license
or identification card; to any licensee.
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31.16. 702.09 Corporations, Companies, Partnerships or Associations
1. Licenses issued to corporationscorporations and companies shall beare valid only as long
as there is no change in the officers or ownership interest of the corporation or company
unless such change is approved by the Council, in which event said license shall will continue
in force until the end of the then current license year. Failure to report any change in
stockholders, officers, or managers shall beare grounds for the revocation of all licenses held
by the corporation or company. Every corporation or company licensed under the provisions
of this section Chapter shall must adopt and maintain in its bylaws a provision that no transfer
of stock is valid or effective unless approved by the City Council and shall require requires that
all of its certificates of stock shall must have printed on the face thereof: Ñthe transfer of this
stock certificate is invalid unless approved by the City Council of Fridley, Minnesota,Ò and
failure to comply with this provision shall beis grounds for the revocation of all licenses held
by the corporation or the company. The provisions of this section Chapter shall do not apply
to the issuance of any license to a corporation or company whose stock is traded on a public
stock exchange.
2. Licenses issued to associations or partnerships shall beare valid only as long as there is no
change in the partnership or association agreement or in the ownership of said partnership or
association unless such change is approved by the Council, in which event said license shall
will continue in forced until the end of the then current license year.
3. Corporations, companies, partnerships or associations shall must submit written notice to
the City of any such changes described herein on or before thirty (30) days prior to the
effective date of any such change. In case of a corporation or company, the licensee shall
must submit written notice to the City when a person not listed in the initial application will
be acquiring an interest and shall be given all information about said person as is required of
a person pursuant to the provisions of this Chapter.
31.18.702.10 Refusal, Suspension or Revocation
1. It is unlawful for any applicant to make a false statement or omission upon any application
form. Any false statement in such application, or any omission to state any information called
for on such application form, shall will upon discovery of such falsehood, work an automatic
denialrefusal of the license by the City, or if already issued, shall will render any license issued
pursuant thereto, revokedvoid. Prior issuance is no defenseeffect to protect the applicant from
prosecution for violation of this section or any part hereof.
2. The City Council may suspend or revoke a license issued under this Chapter for operation
on any premises on which real estate taxes, assessments or other financial claims of the City
or of the State are delinquent, or unpaid.
3. The City Council may suspend or revoke a license issued under this Chapter upon a finding
of a violation of any of the provisions of this Chapter or any State Statute regulating
pawnbrokers. Any conviction by the pawnbroker for theft, receiving stolen property or any
other crime or violation involving stolen property shall will result in the immediate suspension
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of the license pending a hearing before the Council on revocation of theany license issued
hereunder.
4. Except in the case of a license suspension pending a hearing on revocation, a revocation or
suspension of a license by the Council shall must be preceded by a public hearing. The hearing
notice shall must be given to the licensee and published in the Official Publication at least ten
(10) days prior to the hearing, include notice of the time and place of the hearing, and shall
must state the nature of the charges against the licensee.
31.19. PENALTY.
Violation of any provision of this article shall be a misdemeanor.
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Section 4
Amending Fridley City Code Chapter 125 (Massage Therapy Licensing).
Fridley City Code
Chapter 125.703 Massage Therapy Businesses and Massage TherapistsTherapeutic Massage
125.01.703.01 Purpose and Findings
1. Purpose. The purpose of this chapter of the city code is to prohibit the operation of massage
businesses and the offering of massage services to the public except by those licensed as massage
therapy businesses and massage therapists pursuant to this chapter. The licensing regulations
prescribed herein are necessary in order to protect legitimate businesses, to prevent criminal
activity, and to protect the health and welfare of the community. The purpose of this section is
not to impose restrictions or limitations on the freedom of protected speech or expression.
2. Findings of the City Council. The city council makes the following findings regarding the need
to license massage therapy businesses and massage therapists and to prohibit all other types of
massage businesses and services to the public:
A. Persons who have bona fide and standardized training in therapeutic massage, health, and
hygiene can provide a legitimate and necessary service to the general public.
B. Health and sanitation regulations governing massage therapy businesses and therapists
can minimize the risk of the spread of communicable diseases and can promote overall
health and sanitation.
C. Establishing license qualifications for massage therapy businesses and therapists can
minimize the risk that such businesses and persons will facilitate prostitution and other
criminal activity in the community.
D.Massage therapy businesses which employ persons with no specialized and standardized
training can tax law enforcement services because such businesses are more likely to be
operated as fronts for prostitution and other criminal activity than operations established
by persons with standardized training.
E. The training of professional massage therapists at accredited institutions is an important
means of ensuring the fullest measure of protecting the public health, safety, and welfare.
The purpose of this Chapter of the Fridley City Code (Code) is to establish regulatory oversight of
massage therapy services by prohibiting the operation of massage businesses and the provision
of massage services except by those properly licensed as massage enterprises and massage
therapists pursuant to State law and this Chapter. This licensing framework is implemented in
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recognition that practitioners with legitimate and standardized training in therapeutic massage
provide essential services while presenting minimal public health risks, whereas establishments
employing individuals without specialized credentials demonstrate a higher propensity to
function as fronts for illicit activities and disproportionately burden law enforcement resources.
Through comprehensive health and sanitation regulations and rigorous licensing qualifications,
this Chapter aims to protect legitimate businesses, prevent criminal activity, mitigate the
transmission of communicable diseases and ultimately safeguard the health, safety, and welfare
of the community, with the professional education of massage therapists at accredited institutions
serving as a critical mechanism for ensuring these protections.
125.02.703.02 Definitions
The following words and terms when used in this chapter shall have the following meanings unless
the context clearly indicates otherwise:
Accredited institution: an educational institution holding accredited status with a state or federally
recognized accrediting agencyan educational institution holding accredited status with the United
States Department of Education.
Accredited program: a massage therapy program accredited by an educational institution holding
accredited status in the field of massage therapy with a state or federally recognized accrediting
agencya professional massage program accredited by the Commission on Massage Therapy
Accreditation (COMTA).
Advertise: to publish, display, broadcast or disseminate information by any means that can be
reasonably construed as an advertisement.
Clean: the absence of dirt, grease, rubbish, garbage, and other offensive, unsightly or extraneous
matter.
Good repair: free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks
obstructions and similar defects so as toto constitute a good and sound condition.
Issuing authority: the Fridley City Council (Council).
Massage or massage services: any method of pressure on, or friction against, or the rubbing,
stroking, kneading, tapping, pounding, vibrating, stimulating, or rolling of the external parts of
the human body with the hands, arms, elbows or feet, or with the aid of any mechanical or
electrical apparatus, or other appliances or devices, with or without such supplementary aids as
rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment, or other similar
preparations.
Operate: to own, manage or conduct, or to have control, charge or custody over.
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Person: any individual, firm, entity, association, partnership, corporation, joint venture or
combination of individuals.
Massage therapy businessTherapeutic Massage Enterprise: a person or entity which operates a
business which that hires or contracts with massage therapists licensed by the city City to provide
massage services to the public. The owner/operator of a massage therapy businessenterprise need
not be licensed as a massage therapist if he or shethey does do not at any time practice or
administer massage to the public. A massage therapy businessenterprise may employ other
individuals such as cosmetologists and estheticians, and these individuals are not required to have
a massage therapist license, as long as they are not providing massage services to the public.
Massage therapistTherapeutic Massage Therapist: an individual who practices or administers
massage to the public for a licensed massage enterprise in the Cityfor consideration.
125.03.703.03 License Required
1. Massage Therapy BusinessTherapeutic Massage Enterprise License. It shall beis unlawful for
any person or entity to own, operate, engage in, or carry on, within the cityCity, any type of
business offering massage services to the public for compensation without first having
obtained a Massage therapy businessTherapeutic Massage Enterprise License from the City
pursuant to this sectionChapter.
2. Massage TherapistTherapeutic Massage License. It shall beis unlawful for any individual to
practice, administer, or provide massage services to the public for compensation within the
city City without first having obtained a Massage Therapist License from the city City pursuant
to this sectionChapter. Only duly licensed massage therapists may practice or administer
massage to the public for a licensed massage enterprise in the City.
125.04.703.04 Exceptions
1. A Massage therapy businessTherapeutic Massage Enterprise or massage therapistTherapeutic
Massage Therapist license License is not required for the following persons and places:
1.(a) Persons duly licensed in this statethe State to practice medicine, surgery, osteopathy,
chiropractic, physical therapy, or podiatry, provided the massage is administered by the
individual in the regular course of the medical business and not provided as part of a separate
and distinct Massage Therapy Business massage enterprise.
2.(b) Persons duly licensed by this statethe State as beauty culturists or barbers, provided such
persons do not hold themselves out as giving massage treatments and provided the massage
by beauty culturists is limited to the head, hand, neck, and feet and the massage by barbers is
limited to the head and neck.
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3.(c) Persons hired or employed by a person duly licensed by this statethe State pursuant to
Minnesota Statutes (M.S.) Chapters 147 or 148 (including, but not limited to, doctors, nurses,
chiropractors, physical therapists, athletic trainers, doulas and occupational therapists), or a
dental professional licensed under M.S. Chapter 150A. Such persons shall only beare
authorized to provide massage services on the business premises of the employer.
4.(d) Places duly licensed or operating as a hospital, nursing home, hospice, sanitariumlong-
term care, specialized treatment, or group home established for the hospitalization or care of
human beings.
5.(e) Students of an accredited institution who are performing massage services in the course
of a clinical component of an accredited program of study, provided that the students are
performing the massage services at the location of the accredited institution and provided the
students are identified to the public as students of massage therapy. Students of an accredited
institution may perform massage services at clinics or other facilities located outside of the
accredited institution provided that they have at least 150 hours of certified therapeutic
massage training at the accredited institution prior to performing the massage services
outside of the institution, have proof of liability insurance, and are identified to the public as
a student of massage therapy.
(f)6. Persons or organizations providing temporary massage services such as Ñchair massagesÒ
provided the following requirements are met:
A.(1) The massage is provided in a place of business where the massage can easily be seen
by any employee or visitor on the premises;
B.(2) The location does not hold a license to sell alcoholic beverages;
C.(3) Massages are offered at the location no more than ten (10) days per calendar year;
D.(4) Each recipient of a massage remains in an upright position, either sitting or standing;
and
E.(5) Each recipient of a massage remains in the normal daytime attire worn when entering
the business and does not remove any clothing except outwear such as a coat or jacket.
125.05. License Application
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Licenses shall expire on April 30 of each year. All applicants shall complete and submit the
requisite license application form provided by the City and provide all information required
there, as well as comply with providing the following information:
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1. Massage Therapy Business License Application. An application for a massage therapy
business license shall be made on a form supplied by the City Clerk and shall include the
following information:
A. For all massage therapy business license applicants:
(1) Proof that the proposed business location meets the zoning requirements of the
CityÔs zoning code.
(2) Whether the applicant is an individual, partnership, corporation or other form of
organization.
(3) The legal description of the premises to be licensed together with a site plan
showing dimensions, location of buildings, street access, and parking facilities.
(4) The floor number, street number, suite number(s) and rooms where the massage
services are to be conducted.
(5) 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 for design are on file with the CityÔs building and inspection department, no plans
need be submitted to the City.
(6) Whether all city utilities, real estate and personal property taxes that are due and
payable for the premises to be licensed have been paid. If the applicant is in arrears
for the payment of the same, the applicant shall state the time period and amount of
delinquent taxes and utilities in arrears.
(7) All applications for licenses shall be signed and notarized. If the application is that
of a natural person, it shall be signed and notarized by such person; if by a corporation,
by an officer thereof; if by an incorporated association, by the manager or officer
thereof; if by a limited liability company (LLC), by a member thereof. Any falsification
of information on the license application shall result in the denial, suspension or
revocation of the license.
(8) The amount of investment the applicant has invested in the business, buildings,
premises, fixtures, furniture and equipment, and proof of the source of such
investment. If a partnership, corporation, or other form of organization, the names and
addresses of any other persons investing in the business, building, premises, fixture,
furniture and equipment, the amount of their investment, and proof of the source of
such investment.
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(9) Whether the applicant has had an interest in, as an individual or as part of a
corporation, limited liability company, partnership, association, enterprise, business or
firm, a massage therapist or massage business license issued by any city, county, or
other licensing entity that was denied or recommended for denial, suspended, revoked
or not renewed within the last five (5) years from the date the license application is
submitted to the City.
(10) Such other information as City staff or the city council shall require.
B. Individuals. For massage therapy business license applicants who are individuals:
(1) Full name, all aliases used, full address, phone number, and email address.
(2) Proof of whether the applicant is a citizen of the United States, a resident alien or
has the legal authority to work in the United States.
(3) Whether the applicant is currently licensed in other communities to perform
massage therapy, and if so, where.
(4) Names of the applicantÔs employers for the preceding five (5) years along with the
dates for such employment, occupations, employerÔs addresses and contact
information, including phone numbers and email addresses.
(5) Whether the applicant has ever been convicted of any felony, crime, or violation of
any ordinance other than a minor traffic offense. If so, the applicant shall furnish
information as to the time, place and offense for each conviction.
(6) Whether the applicant has ever been engaged in the operation of a massage
therapy business or worked as a massage therapist. If so, applicant shall furnish
information as to the name, place and length of time of the involvement in such an
establishment and/or work as a massage therapist and state if the applicant has ever
had a massage business or therapist license denied or recommended for denial,
suspended, revoked, or not renewed in any other city.
(7) A list of residential address at which the applicant has lived for the preceding five
(5) years.
(8) Whether the applicant has had an interest in, as an individual or as part of a
partnership, corporation, or other form of organization that has had a massage license
revoked or suspended within the last five (5) years of the date of the license submitted
to the City.
C. Partnerships. For massage therapy business license applicants that are partnerships:
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(1) The names of all general and limited partners and all information concerning each
general partner as is required for individual license applicants.
(2) The managing partner(s) shall be so designated.
(3) The interest of each general and limited partner in the business shall be disclosed.
(4) 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 under Minn. Stat. §
333.02, a certified copy of such certificate shall be submitted.
D. Corporations, Limited Liability Companies and Other Organizations or Entities. For
massage therapy business license applicants that are corporations, limited liability
companies or other types of organizations:
(1) The name of the organization, and if incorporated, the date and state of
incorporation.
(2) A true copy of the certificate of incorporation, and, if a foreign corporation, a
certificate of authority as described in Minn. Stat. § 303.02.
(3) The name of the general manager, corporate officers, and proprietor or other
person in charge of the premises to be licensed, and all the information about said
persons required for individual license applicants.
(4) A list of all persons who own or have a controlling interest in the corporation or
organization or who are officers of said corporation or organization, together with their
addresses and all the information regarding such persons.
703.05 Therapeutic Massage Enterprise License Application
1. An application for a Therapeutic Massage Enterprise License must be made on a form
supplied by the City Clerk and must include the following information:
(a) Proof that the proposed business location meets the zoning requirements of the zoning
chapters of the Code.
(b) Proof the premises where the business is located is in full compliance with the State
Building Code and the state Fire Code as well as other relevant provisions of the Code.
(c) Proof where the business is located has a separate, distinct, front-facing entrance if it
is located within a building with multiples offices, suites or stores.
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(d) Whether the applicant is an individual, partnership, corporation, company, or other
form of organization.
(e) The legal description of the premises to be licensed together with a site plan showing
dimensions, location of buildings, street access and parking facilities.
(f) The floor number, street number, suite number(s) and rooms where the massage
services are to be conducted.
(g) Whenever the application is for premises either planned or under construction or
undergoing substantial alteration, the application must be accompanied by a set of
preliminary plans showing the design of the proposed premises to be licensed. If the plans
for design are on file with the CityÔs Building Official, no plans need be submitted to the
City.
(h) Whether all City utilities, real estate and personal property taxes that are due and
payable for the premises to be licensed have been paid. If the applicant is in arrears for
the payment of the same, the applicant must state the time period and amount of
delinquent taxes and utilities in arrears.
(i) The amount of investment the applicant has invested in the business, buildings,
premises, fixtures, furniture and equipment, and proof of the source of such investment. If
a partnership, corporation, or other form of organization, the names and addresses of any
other persons investing in the business, building, premises, fixture, furniture and
equipment, the amount of their investment and proof of the source of such investment.
(j) Whether the applicant has had an interest in, as an individual or as part of a corporation,
limited liability company, partnership, association, enterprise, business or firm, a massage
therapist or massage business license issued by any city, county, or other licensing entity
that was denied or recommended for denial, suspended, revoked or not renewed within
the last five years from the date the license application is submitted to the City.
(k) Such other information as City staff or the Council may require.
2. Additional application materials required for partnerships applying for a Therapeutic
Massage Enterprise License:
(a) The names of all general and limited partners and all information concerning each
general partner as is required for individual license applicants.
(b) The managing partner(s) must be so designated.
(c) The interest of each general and limited partner in the business must be disclosed.
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(d) A true copy of the partnership agreement must be submitted with the application. If
the partnership is required to file a certificate as to a trade name or assumed name under
M.S. § 333.02, a certified copy of such certificate must be submitted.
3. Additional application materials required for corporations, limited liability companies and
other organizations or entities applying for a Therapeutic Massage Enterprise License:
(a) The name of the organization, and if incorporated, the date and state of incorporation.
(b) A true copy of the certificate of incorporation, and, if a foreign corporation, a certificate
of authority as described in M.S. § 303.08.
(c) The name of the general manager, corporate officers and proprietor or other person in
charge of the premises to be licensed, and all the information about said persons required
for individual license applicants.
(d) A list of all persons who own or have a controlling interest in the corporation or
organization or who are officers of said corporation or organization, together with their
addresses and all the information regarding such persons.
4. Applicants are required to attend the Council meeting at which their initial application will
be considered.
(a) The City Clerk will notify the applicant of the scheduled Council meeting date at least
10 business days in advance.
(b) Applications for applicants who do not attend the Council meeting will be denied
without prejudice, allowing the applicant to resubmit their application for consideration at
a subsequent Council meeting.
(c) The Council may, in its sole discretion, waive this requirement upon written request
demonstrating extraordinary circumstances that prevent the applicant's attendance.
703.06 Therapeutic Massage Therapist License Application
1. An application for a Therapeutic Massage Therapist License shall must be made on a form
supplied by the City Clerk and shall must include the following information:
A.(a) The applicantÔs full name, all aliases, full residential address, home telephone number,
cell phone number, and email address.
B.(b) The applicantÔs residential addresses for the previous five (5) years.
C.(c) The name of applicantÔs current employer, full address, and length of time employed.
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D.(d) The names, address, occupations, dates of employment and contact information for
the applicantÔs employers for the previous five (5) years.
E.(e) The applicantÔs birth date, physical description, including weight, height, color of eyes,
and color of hair. The applicant shall must provide an a legible and enlarged color
photocopy of the front and back of the applicantÔs driverÔs license or state-issued I.D. front
and back, or any other government-issued photo identification. If the photocopy is
unacceptable to the police chief, or designee, the police department may take
photographs for the file.
F.(f) Whether the applicant has ever been convicted of any felony, crime, or violation of
any ordinance other than a minor traffic offense and, if so, the time, place, and offense for
each conviction.
G.(g) Whether the applicant has had an interest in, as an individual or as part of a
corporation, limited liability company, partnership, association, enterprise, entity, business
or firm, a massage license that was denied or recommended for denial, suspended,
revoked or not renewed within the last five (5) years from the date the license application
is submitted to the City.
H.(h) The names, residential and business addresses, and current contact information,
including a phone number, for three (3) residents within the metropolitan area, of good
moral character, not related to the applicant or financially interested in the premises of the
business, who may be referred to attest to the applicantÔs character.
I.(i) Proof of whether the applicant is a U.S. citizen, resident alien, or has the legal authority
to work in the United States.
J.(j) Proof that the applicant has met the following requirements:
(1) Is affiliated with, employed by, or owns a business licensed as a massage therapy
business enterprise by the City.
(2) Provides proof that the applicant has met the academic requirements by providing
the following:
a.((a)) A certified copy of a transcript of academic record from an accredited
program or accredited institution that has been approved by the City; and
b.((b)) A copy of the diploma or certificate of graduation from an accredited
program or accredited institution approved by the City. The accredited program or
accredited institution must confirm that the applicant has successfully completed
a minimum of 600 hours of certified therapeutic massage training with content
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that includes the subjects of anatomy, physiology, hygiene, ethics, massage theory
and research, and massage practice from the same accredited program or
accredited institution; and
c.((c)) Proof of current insurance coverage of $1,000,000.00$1 million for
professional liability in the practice of massage.;
(3) In lieu of the academic requirement listed herein, the applicant may provide proof
of passage of the National Certification Exam offered by the National Certification
Board for Therapeutic Massage and Bodywork and a minimum of seven (7) years of
full-time work experience as a massage therapist within the United States. The
applicant is still required to provide proof of compliance with the remaining provisions
of this section.
K.(k) Whether the applicant is currently licensed in other states or communities to perform
massage therapy, and if so, where as well as whether the applicant has ever had a massage-
related license denied or recommended for denial, suspended, revoked, or not renewed
in any other community.
L.(l) Whether the applicant has ever been engaged in the operation of a massage therapy
businessenterprise, and if so, information as to the name, place, dates and length of time
of the involvement in such a business, including whether the business has ever had a
license for the business denied or recommended for denial, suspended, revoked, or not
renewed.
M.(m) Such other information as the city councilCouncil or staff shall may require for the
purpose of approving the license.
125.06.703.07 Term and Renewal of License
1. Licenses shall beare issued for a term of one year. All massage therapy business and
massage therapist Therapeutic Massage Enterprise and Therapeutic Massage Therapist
th
licenses shall expire on April 30 of each year. Licenses are non-transferable.
2. An application for a renewal of a massage therapy business or massage therapist
licenseTherapeutic Massage Enterprise License or Therapeutic Massage Therapist License shall
must be made in the same manner as the original application. The license and investigative
fees shall be the same as the initial license application set forth in Chapter 11 of this code.are
established in the Fees Chapter of the Code.
3. If the license holder is a corporation and there is a change in ownership, a new license
application shall must be submitted to the City within thirty (30) days whenever more than ten
percent (10%) of the corporationÔs stock is transferred. If the license holder is a partnership
and there is a change in ownership, a new license application shall must be submitted to the
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City within thirty (30) days whenever a partner is added to the partnership. If the license holder
is a limited liability company and there is a change in ownership, a new license application
shall must be submitted to the City within thirty (30) days whenever a transfer occurs of a
transferable interest in the limited liability company.
125.07. License Fee
The fees for massage therapy business and massage therapist licenses shall be set in Chapter 11
of this code. An investigation fee shall be charged for massage therapy business and massage
therapist licenses as set in Chapter 11 of this code. Each application for a license shall be
accompanied by payment in full of the required license and investigation fees. An application shall
be deemed incomplete unless it is accompanied with the required fees, all documentation
required by this section, and is completed in its entirety.
125.08. License Application Investigation and Verification
All applications shall be referred to the police chief, or designee, and such other city
departments as the city manager shall deem necessary for verification and investigation of the
facts set forth in the application. The police chief, or designee, is empowered to conduct any
and all investigations to verify the information on the application, including ordering a
computerized criminal history inquiry and/or a driverÔs license history inquiry on the
application. The police chief, or designee, is authorized to access data maintained in the
Minnesota Bureau of Criminal ApprehensionÔs Computerized Criminal History information
system in accordance with BCA policy. The police chief, or designee, and other consultants
shall make a written recommendation to the City Council as to the issuance or non-issuance
of the Massage Therapy Business or Massage Therapist license. The city council may order and
conduct such additional investigation as it deems necessary. Upon completion of its
investigation the city council shall grant or deny the license following the process found the
License, Denial or Revocation Section of this Chapter.
No investigation fee in part or whole shall be refunded. Out of state investigations shall require
the applicant to pay actual out-of-pocket expenses. A deposit for an out-of-state investigation
shall be required in advance as set forth in Chapter 11. The applicant shall be refunded any
unused deposit upon completion of the investigation if the application is denied.
703.08 Background Investigations for Massage Licensing
1. Authority and Scope of Investigations. All applications for massage licenses will be
investigated by the Public Safety Director or a designee for verification and investigation of
the facts set forth in the application in accordance with M.S. Chapter 299C.
2. Criminal History Check Requirements. The criminal history investigation must consist of:
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(a) A criminal history check of the state criminal records repository
(b) A national criminal history check conducted through the Federal Bureau of
Investigation.
3. Application Process and Responsibilities. The applicant must provide:
(a) A signed criminal history records check consent form for both state and national
criminal history checks
(b) A full set of classifiable fingerprints
(c) All required fees as established by the Bureau of Criminal Apprehension
4. Data Access and Processing. The Public Safety Director or a designee is authorized to access
data maintained in the Minnesota Bureau of Criminal Apprehension's Computerized Criminal
History information system in accordance with BCA policy. Upon receipt of the criminal history
results from the BCA, the City will use this information to determine whether the applicant is
disqualified from licensure under applicable city ordinances and state law.
5. Additional Investigative Authority. The Public Safety Director or a designee is empowered
to conduct any and all additional investigations deemed necessary to verify the information
on the application, including but not limited to driver's license history inquiries and verification
of other information provided in the application.
6. Failure to Cooperate. An applicant's failure to cooperate with the City in conducting the
required criminal history records check constitutes reasonable cause to deny the application
for licensure.
7. Recommendation. The Public Safety Director or a designee and other consultants must
make a written recommendation to the Council as to the issuance or non-issuance of the
Massage Enterprise License or Massage Therapist License.
8. Council Action. The Council may order and conduct such additional investigation as it deems
necessary. Upon completion of its investigation the Council must grant or deny the license
pursuant to this Chapter.
9. Fees. Investigation fees are non-refundable. Out-of-state investigations may require the
applicant to pay actual out-of-pocket expenses. A deposit for an out-of-state investigation
may be required in advance as established in the Fees Chapter of the Code. The applicant will
be refunded any unused deposit upon completion of the investigation if the application is
denied.
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125.09.703.09 Inspection
In light ofConsidering the high risk of involvement with illegal conduct an at establishments
providing massage therapy poses to the general public, City staff and/or the police departmentthe
Public Safety Director or a designee shall have the right to enter, inspect, and search the licensed
premises during the hours in which the licensed premises is open for business to ensure
compliance with all provisions of this sectionChapter. Any search of the licensed premises is
subject to reasonableness reasonable standards as recognized by the courts; search warrants will
be secured when applicable. Any entry into a private residence will require consent, exigent
circumstances, or a search warrant. With reasonable notice, the business records of the licensee,
including income tax returns, shall must be available for inspection by the City during the hours
in at which the licensed premises is open for business.
125.10.703.10 License Denial, Suspension or Revocation
1. Grounds for Denial, Suspension or Revocation of Licenses. In addition to the grounds found
elsewhere in the city codeCode for denial, suspension or revocation, the following reasons are
grounds for the denial, suspension, or revocation of a massage therapy businessTherapeutic
Massage Enterprise License or massage therapist license Therapeutic Massage Therapist
License:
A.(a) The applicant has been convicted of criminal prostitution, similar sex offenses, or
other crimes directly related to the offering of massage therapy services or the running of
a massage therapy businessTherapeutic Massage Enterprise and has not shown
competent evidence of sufficient rehabilitation and present fitness to perform the duties
and responsibilities of a licensee as prescribed by Minnesota Statutes SectionM.S. § 364.03,
subd. 3.2.
B.(b) The applicant is a partnership, corporation, or other entity which has in its employ or
is owned by any persons convicted of criminal prostitution, similar sex offenses, or other
crimes directly related to the offering of massage therapy services or the running of a
massage therapy businessTherapeutic Massage Enterprise.
C.(c) The owner, manager, lessee or any of the employees are found to be in control or
possession of any alcoholic beverages, narcotic drugs or controlled substances, as defined
by state statutesState law, on the premises.
D.(d) The holder of a business Therapeutic Massage Enterprise License license fails to
maintain with the City a current list of all employees of such licensed premises. The list for
the establishment shall must include all massage therapists licensed under this
chapterChapter.
E.(e) A material variance in the actual plan and design of the premises from the plans
submitted.
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F.(f) There is any fraud, deception, or misstatement on the license application.
G.(g) The owner, manager, lessee, or their employees or any massage therapist, are
convicted of any ordinance Code violation or crime occurring on the licensed premises.
H.(h) The licensed premises are not located in an approved zoning district, unless such
business is a legally established non-conforming use, or otherwise do not meet the health
and safety standards found within the city codeCode for the licensed premises.
I.(i) The applicant is delinquent upon its payment to the City of utilities, taxes, fines, or
penalties assessed or imposed against the applicant or the business is located on property
where taxes, assessments, utility charges, service charges, or other financial claims of the
City or any other governmental unit are delinquent and unpaid. In the event a suit has
been commenced under Minnesota Statutes, SectionsM.S. §§ 278.01 through - 278.13,
questioning the amount or validity of the tax or claim, the city managerCity Manager, upon
written application by the applicant, may waive strict compliance with this provision while
the suit is pending.
J.(j) The licensed activity is conducted in such a manner as to constitute a breach of the
peace, a menace to the health, safety, or welfare of the public, or a disturbance of the
peace or comfort of the residents of the City, upon recommendation of the police
department or an appropriate City official.Public Safety Director, City Manager or a
designee.
K. The premises where the business is located is not in full compliance with the State
Building Code and Fire Code as well as all other relevant provisions of the city codeCode.
L. The premises where the business is located does not have a separate, distinct, front-
facing entrance if it is located within a building with multiple offices, suites, or stores.
M.(k) The applicant has had a massage-related license revoked or denied by a state, city,
or other licensing authority within the past five (5) years.
N.(l) The licensee fails to continuously comply with all conditions required as precedent to
approval of the license or fails to continuously comply with all provisions of this
chapterChapter.
O.(m) Based on the findings of a background investigation, granting a license would be a
menace to the safety, health, morals,or welfare of the public.
P. The applicant or licensee is not of good moral character.
Q.(o) The applicant or licensee is not the real party having an interest in the
enterpriseTherapeutic Massage Enterprise.
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2. Suspension, Revocation and Denial Process and Appeal. After review of the initial or renewal
license application, or upon information that a violation of the terms and conditions of a
Massage Therapy Business License or a Massage Therapist License has occurred, if the
position of the Public Safety Department is to recommend the City Council deny, suspend or
revoke a Massage Therapist or Massage Therapy Business License, the Public Safety
Department shall present written notice to the City Manager of such recommendation and a
hearing shall be held prior to the denial of any license application or the suspension or
revocation of any existing license.
2. Appeal. If the Public Safety Director or a designee recommends denying, suspending or
revoking a massage-related license, they must give written notice to the City Manager. Upon
recommendation and direction of the City Manager, the City Clerk will:
(a) Schedule an opportunity for the applicant or licensee to be heard in front of the Council.
(b) Notify the applicant or licensee of the recommendation, basis for the recommendation
and date of public meeting at least 10 business days prior. The notice must be mailed to
the licensee or applicant at the most recent address listed on the license application.
(c) The Council must hold a public meeting regarding the recommendation to deny,
suspend or revoke and take action as it determines appropriate. Any such action taken by
the Council is final.
A. The City Manager shall notify the applicant or licensee of the recommendation in writing
at least ten (10) business days prior to the hearing providing the basis for the
recommendation of license denial, suspension, or revocation. The notice shall be mailed
by U.S. mail to the licensee or applicant at the most recent address listed on the license
application.
B. The City Council shall hold a hearing regarding the recommendation to deny, suspend,
or a revoke a Massage Therapy Business or Massage Therapist License and following such
hearing, may take such action as it determines appropriate with respect to the issuance,
suspension, or revocation of the license. Any such action taken by the City Council shall be
the final decision on the City related to the license.
3. Ability to Apply or Reapply After Revocation or Denial. A licensee or applicant for a Massage
Therapy Business License or massage therapist license may not apply or reapply for a new
license for a period of one (1) year following the denial or revocation of a license.
3. Application or Reapplication. A licensee or applicant for a Therapeutic Massage Enterprise
or a Therapeutic Massage Therapist License may not apply or reapply for a new license for a
period of one year following the denial or revocation by the Council.
125.11.703.11 License RestrictionsMinimum Standards of Operation
1. Posting of License
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A.(a) Business A Therapeutic Massage Enterprise License. A massage therapy business
license must be posted in a conspicuous place on the premises for which it is issued.
B.(b) Massage Therapist License. A person licensed as a massage therapist shall must post
the massage therapist license, along with a color photo of the therapist, in a conspicuous
place on the premises at which the therapist is associated. A massage therapist shall must
have readily available at all times when massage services are rendered a government-
issued photo identification card.
2. Licensed Premises
A.(a) Enterprise License. A massage therapy business licenseA Therapeutic Massage
Enterprise License is only effective for the compact and contiguous space specified in the
approved license application. If, following issuance of the license, the licensed premises is
enlarged, altered, or extended, the licensee shall must inform the city clerkCity Clerk of the
same within ten (10) business days of the enlargement, alteration, or extension. The
licensee shall must meet with designated City staff who shall may confirm that the
enlarged, altered, or expanded space is in full compliance with all City regulations,
including the building codeState Building Code and the Code. If the enlarged, altered, or
expanded space is in full compliance with all City regulations, the business license shall
may be amended to encompass the larger space.
B.(b) Massage Therapist License. A massage therapist licenseA Therapeutic Massage
Therapist License shall may only be issued for the location of the licensed massage therapy
business Therapeutic Massage Enterprise premises. It shall beis the continuing duty of
each licensee to notify the city clerkCity Clerk, within ten (10 ) business days, of any change
in the information or facts required to be furnished on the license application and failure
to comply with this section Chapter shall constitutes cause for revocation or suspension
of such license.
3. Affiliation with Business Required. A massage therapistTherapeutic Massage Therapist shall
must be employed by, affiliated with, or own a massage therapy business licensed by the
CityTherapeutic Massage Enterprise, unless a person or place is specifically exempted from
obtaining a massage therapy business licenseMassage Enterprise License pursuant to this
chapterChapter.
4. Employment of Unlicensed Massage Therapists Prohibited. No massage therapy business
shallTherapeutic Massage Enterprise may employ or use any person to perform massage
services who is not licensed as a massage therapistTherapeutic Massage Therapist under this
sectionChapter, unless the person is specifically exempted from obtaining a massage therapist
license pursuant to this chapter.pursuant to this Chapter.
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5. Coverage of Genitals During Massage. The licensee shall must require that the person who
is receiving the massage shall must at all times have his or hertheir genitals covered with non-
transparent material or clothing.
6. Therapist Dress Requirements. Any Massage TherapistTherapeutic Massage Therapist
providing massage services shall must at all times be dressed professionally and must be fully
clothed with nontransparent clothing when performing massage services.
7. Massage of Certain Body Parts Prohibited. At no time shall may a massage
therapistTherapeutic Massage Therapist intentionally massage or offer to massage the penis,
scrotum, mons veneris, vulva, breasts, or vaginal area of a person.
8. Restrictions Regarding Hours of Operation. No massage therapy businessTherapeutic
Massage Enterpriseshall may be open for business, nor will any massage therapistTherapeutic
Massage Therapist offer massage therapy services, before 8:00 a.m. or after 10:00 p.m. any
day of the week. No customers or patrons shall may be allowed to remain upon the licensed
premises after 10:30 p.m. and before 8:00 a.m. daily. Support activities such as cleaning,
maintenance and bookkeeping are allowed outside of business hours.
9. Illegal Activities. In addition to the license restrictions set forth in this section, any advertising
by a licensee of any potential unlawful or erotic conduct at the licensed establishment or by a
licensed massage therapist shall be prohibited. A licensee under this section shall be strictly
responsible for the conduct of the business being operated in compliance with all applicable
law and ordinances, including the actions of any employee or agent of the licensee on the
licensed premises.
9. Prohibited Activities and Advertising. Licensees are strictly prohibited from advertising any
unlawful or erotic conduct and are fully responsible for ensuring their business operates in
compliance with all applicable laws and codes, including the actions of employees and agents
on the licensed premises. No massage enterprise, massage therapist, or contractor may place,
publish, distribute, or cause to be distributed any advertising that depicts human body parts
or uses language that would reasonably suggest to prospective patrons that services other
than those described in this chapter and posted on the premises are available.
10. Restrictions Involving Minors. No license may be issued to a person under eighteen (18)
years of age.
11. Effect of License Suspension or Revocation. No person shall may offer to perform massage
services or shall may solicit customers for a massage therapy businessTherapeutic Massage
Enterprise located within the City unless such person has a current massage therapist or
massage therapy business license.Therapeutic Massage Enterprise or Therapeutic Massage
Therapist License.
12. Rates. A licensed therapeutic massage businessTherapeutic Massage Enterprise shall must
make rates available for all massage services offered at the business.
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13. Food Preparation. Food preparation on the premises of a licensed massage therapy
business Therapeutic Massage Enterprise shall may only occur in locations specifically
designed for that purpose which are fully compliance with all building codeState Building
Code and Code requirements for such spaces. Use of food preparation areas shall must be
limited to employees on breaks occurring during regularly scheduled shifts.
14. Habitation. The premises of a Licensed Massage Therapy BusinessTherapeutic Massage
Enterprise shall may not contain sleeping quarters or living spaces of any kind intended for
habitation, including but not limited to beds, cots, futons, or mattresses.
125.12. Restrictions Regarding Sanitation, Health and Safety
1.15. Toilet Room Requirements. A massage therapy businessTherapeutic Massage Enterprise
shall must be equipped with adequate and conveniently located toilet rooms for the
accommodation of its employees and patrons. The toilet room shall must be well ventilated
by natural or mechanical methods and be enclosed with a door. The toilet room shall must be
kept clean and in good repair and shall be adequately lightedlit.
2.16. Paper/Linen Requirements. A Therapeutic Massage Enterprise massage therapy business
shall must provide single-service disposal paper or clean linens to cover the table, chair,
furniture, or area on which the patron receives the massage; or in the alternative, if the table,
chair, or furniture on which the patron receives the massage is made of material impervious
to moisture, such table, chair, or furniture shall must be properly sanitized after each massage.
3.17. Washing of Hands Required. The premises shall must contain an on-site sink. The
massage therapist shall must wash his or hertheir hands and arms with water and soap, anti-
bacterial scrubs, alcohol, or other disinfectants prior to and following each massage service
performed.
4.18. Door Latches and Locks. Doors on rooms where massage services are provided shall may
not be locked or capable of being locked. Locks, latches or other devices intended to secure
a door so as to prevent it from being opened by any person from either side of the door with
or without a key cannot be present on any doors of rooms intended for massage therapy.
5.19. Equipment. Except as provided in Section Six hereinthis Chapter, all massage services
shall must be performed on a raised massage therapy table, chair, or mat similar to those used
in yoga.
6.20. Prohibited Massage Equipment. No bed, mattress, couch, futon or similar type of
equipment shall are be allowed in areas where massage services are provided.
125.13. PENALTIES
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Whoever does any act forbidden by this Chapter or omits or fails to do any act required by this
Chapter shall be guilty of a misdemeanor and is subject to all penalties provided for such
violations under the provisions of Chapter 901 of the Fridley City Code. Each separate violation of
this Section shall constitute a separate offense. Conviction of a violation of any provision of this
Chapter, while not required, may be grounds for suspension or revocation of any license issued
under this Chapter.
125.14. EFFECTIVE DATE.
This Ordinance shall be effective following its adoption and publication according to law.
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Section 5
Amending Fridley City Code to repeal Chapter 14 (Peddlers) and replace it with Chapter 704
(Itinerant Merchants).
Fridley City Code
Chapter 14. Peddlers
14.01. STATEMENT OF POLICY
The City Council of the City of Fridley deems it necessary to provide for the special and express
regulation of peddlers, solicitors and transient merchants in order to protect the public health,
safety and general welfare. The Council further finds that enterprises such as the type described
above sometimes lend themselves to "flybynight" and other undesirable operations not normally
associated with permanently established local merchants.
14.02. DEFINITIONS
When used in this Chapter, the following terms have the following meanings:
1. Peddler.
Any person, whether a resident of the City of Fridley 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 milk, bakery products, groceries or ice who distribute their products
to regular customers on established routes.
2. Solicitor.
Any person, whether a resident of the City of Fridley 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 sale of
goods, wares or merchandise, including magazines, books, periodicals, or personal property of
any nature whatsoever for future delivery, or for service to be performed in the future, whether or
not such individual has, carries or exposes for sale a sample of the subject of such order or whether
or not he or she is collecting advance payments on such orders. Such definition includes any
person who, for themselves, or for another person, firm or corporation, hires, leases, uses or
occupies any building, motor vehicle, trailer, structure, tent, railroad boxcar, boat, hotel room,
lodging house, apartment, shop, or other place within the City for the primary purpose of
exhibiting samples and taking orders for future delivery.
3. Transient merchant.
Any person, firm, or corporation, whether as owner, agent, consignee, or employee, whether a
resident of the City of Fridley or not, who engages in a temporary business of selling and.
delivering goods, wares and merchandise within the City, and who, in furtherance of such purpose,
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hires, leases, uses or occupies any building, structure, motor vehicle, trailer, tent, railroad boxcar,
boat, public room in hotels, lodging houses, apartments, shop, or any street, alley or other place
within the City, for the exhibition and sale of such goods, wares and merchandise, either privately
or at public auction, 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. The person, firm or corporation so
engaged is relieved from complying with the provisions of this Chapter merely by reason of
associating temporarily with any local dealer, trader, merchant, or auctioneer, or by conducting
such transient business in connection with, as a part of, or in the name of any local dealer, trader,
merchant, or auctioneer.
14.03. PERMIT REQUIRED
It is unlawful for any peddler, solicitor, or transient merchant to engage in any such business
within the City of Fridley without first obtaining a permit therefor in compliance with the
provisions of this Chapter.
14.04. EXEMPTIONS
The terms of this Chapter do not include residential garage sales or the acts of persons selling
personal property at wholesale to dealers in such articles, nor to the acts of merchants or their
employees in delivering goods in the regular course of business, nor to persons with bona fide
advance residential appointments. Nothing contained in this Chapter prohibits any sale required
by statute or by order of any court, or prevents any person conducting a bona fide auction sale
pursuant to law.
14.05. APPLICATION
Applicants for a permit under this Chapter shall file with the City Clerk a sworn application in
writing on a form to be furnished by the City Clerk. The application shall give the following
information:
1. Name and physical description of applicant.
2. Complete permanent home and local address of the applicant and, in the case of transient
merchants, the local address from which proposed sales will be made.
3. A brief description of the nature of the business and the goods to be sold.
4. The name and address of the employer, principal or supplier of the applicant, together with
credentials therefrom establishing the exact relationship.
5. The length of time for which the right to do business is desired.
6. The source of supply of the goods or property proposed to be sold, or orders taken for the
sale thereof, where such goods or products are located at the time said application is filed,
and the proposed method of delivery.
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7.
A recent photograph of the applicant which picture shall be approximately 2" by 2"
showing the head and shoulders of the applicant in a clear and distinguishing manner;
8. The names of at least two (2) property owners of Anoka County, Minnesota, who will certify
as to the applicant's good character and business respectability, or, in lieu of the names of
references, such other available evidence as to the good character and business responsibility
of the applicants as will enable an investigator to properly evaluate such character and
business responsibility.
9. A statement as to whether or not the applicant has been convicted of any crime,
misdemeanor, or violation of any Municipal Ordinance, other than traffic violations, the nature
of the offense and the punishment or penalty assessed therefor.
10. The last municipalities, not to exceed three (3), where applicant carried on business
immediately preceding date of application and the address from which such business was
conducted in those municipalities.
14.06. RELIGIOUS AND CHARITABLE ORGANIZATIONS
1. Any organization, society, association or corporation desiring to solicit or to have to solicit
or to have solicited in its name money, donations of money or property, or financial assistance of
any kind or desiring to sell or distribute any item of literature or merchandise for which a fee is
charged or solicited from persons other than members of such organizations upon the streets, in
office or business buildings, by house-to-house canvass, or in public places for a charitable,
religious, patriotic, philanthropic or otherwise non-profit purpose shall be exempt from the
provisions of Section 14.05 of this Chapter provided there is filed a sworn application in writing
on a form. to be furnished by the City Clerk which shall include the following information:
A. Name and purpose of the cause for which permit is sought;
B. Names and addresses of the officers and directors of the organization;
C. Period during which solicitation is to be carried on;
D. Whether or not any commission, fee, wages or emoluments are to be expended in
connection with such solicitation and the amount thereof;
E. Articles of incorporation.
2. Upon being satisfied that such organization, association or corporation is a religious,
charitable, patriotic, philanthropic or otherwise non-profit organization, the City Clerk shall issue
a permit without charges to such organization, association or corporation to solicit in the City.
Such organization, association or corporation shall furnish all of its members, agents, or
representatives, conducting solicitation credentials in writing stating the name of the organization,
name of agent and purpose of solicitation.
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14.07. INTERSTATE COMMERCE SOLICITOR
1. Any organization engaged in the business of soliciting by taking or attempting to take
orders to be filled in the future for goods, wares, or merchandise delivered to the purchaser from
states other than Minnesota, shall be exempt from the provisions of Section 14.05 of this Chapter,
provided there is filed a registration in writing on a form to be furnished by the City Clerk which.
shall include complete information about their organization, each solicitor, backgrounds and
methods of operation.
2. Upon being satisfied that such organization is engaged in interstate commerce solicitation,
the Clerk shall issue a permit without charge to such person to solicit in the City. Such organization
shall furnish all of its members, agents, or representatives, conducting solicitation credentials in
writing stating the name of the organization, name of agent and purpose of solicitation.
14.08. INVESTIGATION AND ISSUANCE
1. Upon receipt of each application, it shall be referred to the Public Safety Director who shall
immediately institute such investigation of the applicant's business and moral character as the
Director deems necessary for the protection of the public good. Peddlers, solicitors, or
transient merchant licenses may be denied for the following reasons:
A. Fraud, deception or misrepresentation in connection with the securing of the
permit.
B. Conviction of an offense involving moral turpitude by any court of competent
jurisdiction or for offenses which relate directly to such person's ability, capacity, or fitness
to perform the duties and discharge the responsibilities of the occupation, or violation of
Minnesota Statutes Chapter 329.
C. Habitual drunkenness or intemperance in the use of drugs including but not limited
to the use of drugs, defined in Minnesota Statutes, Section 253A.02 Subdivision 20,
barbiturates, hallucinogenic drugs, amphetamines, benzedrine, dexedrine or other
sedatives, depressants, stimulants or tranquilizer
D. Engaging in conduct involving moral turpitude or permitting or allowing others
within their employ or agency to engage in conduct involving moral turpitude or failing to
prevent agents, officers or employees in engaging in conduct involving moral turpitude.
E. Failure to fully comply with any requirements of this Chapter.
F. Engaging in any conduct which would constitute grounds for refusal to issue a
permit therein. (Ref. 890)
2. If, as a result of such investigation, the applicant's character or business responsibility is
found to be unsatisfactory, the Public Safety Director shall endorse on such application his or
her disapproval and reasons for the same, and return the application to the City Clerk, who
shall notify the applicant that this application is disapproved and that no permit will be issued.
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3. If, as a result of such investigation, the character and business responsibility of the applicant
are found to be satisfactory, the Public Safety Director within five (5) days after the application
has been filed by the applicant with the City Clerk shall endorse on the application approval
and return the application to the City Clerk, who shall deliver to the applicant the permit. Such
permit shall contain the signature of the issuing officer and shall show the name, address and
photograph of said permittee, the class of permit issued and the kinds of goods to be sold
thereunder, as well as the permit number and other identifying description of any vehicle used
in such licensed business. Each peddler, solicitor, or transient merchant must secure a personal
permit. No permit shall be used at any time by any person other than the one to whom it is
issued. The City Clerk shall keep a permanent record of all permits issued as required by
records retention statutes. (Ref. 890)
14.09. LOUD NOISES AND SPEAKING DEVICES
1. Except as permitted by Section 14.09.2, no permittee, nor any person in his or her person in
his or her behalf, shall shout, cry out, blow a horn, ring a bell, or use any sound amplifying
device upon any of the streets, alleys, parks or other public places of the City or upon private
premises where sound of sufficient volume is emitted or produced therefrom to be capable
of being plainly heard upon the streets, avenues, alleys, parks or other public places for the
purpose of attracting attention to arty goods, wares or merchandise which such permittee
proposes to sell.
2. Exception for Food/Beverage Vehicles.
Not withstanding any other provision to the contrary, food/beverage vehicles may sound a
manually operated bell, between the hours of 10:00 a.m. and 4:30 p.m., and 6:00 p.m. to 8:00
p.m. in any area zoned commercial or industrial, and only between the hours of 1:00 p.m. and
4:30 p.m., and 6:30 p.m. to 8:00 p.m. in any area zoned residential or other than commercial
or industrial, which produces a noise level measured at a distance of 50 feet from the source
no greater than 65 decibels, as defined in Fridley City Code Chapter 124, "Noise". (Ref. 835)
14.10. USE OF PUBLIC STREETS OR GROUNDS
No permittee shall have any exclusive right to any location on the public streets or grounds, nor
shall a permittee be permitted a stationary location thereon, nor shall a permittee be permitted
to operate in a congested area where such operation might impede or inconvenience the public
use of such streets. For the purpose of this Chapter, the judgment of a police officer, exercised in
good faith, shall be deemed conclusive as to whether the area is congested and the public
impeded or inconvenienced.
14.11. HOURS OF SOLICITATIONS
Solicitations shall be allowed by permit holders under this Chapter between the hours of 8:00
o'clock a.m. and 9:00 o'clock p.m. on any one day.
14.12. EXHIBITION OF PERMIT
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Permittees are required to exhibit their permit at the request of any citizen.
14.13. DUTY OF POLICE TO ENFORCE
It shall be the duty of the Police of the City of Fridley to require, any person seen peddling
soliciting or engaging in the business as a transient merchant and who is not known by such
officer to have obtained a permit hereunder, to produce a permit and to enforce the provisions
of this Chapter against any person found to be violating the same.
14.14. RECORDS
The Public Safety Director shall report to the City Clerk all convictions for violation of this Chapter
and the City Clerk shall maintain a record for each permit issued and record the reports of violation
therein, as required by records retention statutes.
14.15. REVOCAT1ON OF LICENSE
1. Permits issued under the provisions of this Chapter may be revoked by the Council of the
City of Fridley after notice and hearing, for any of the following causes:
A. Fraud, misrepresentation, or incorrect statement contained in the application for permit
B. Fraud, misrepresentation, or incorrect statement made in the course of carrying on his
or her business as solicitor, peddler, or transient merchant;
C. Any violation of this Chapter;
D. Conviction of any crime or misdemeanor;
E. Conducting the business of peddler, solicitor, or transient merchant, as the case
may be, in an unlawful manner or in such a manner as to constitute a breach of peace or
to constitute a menace to health, safety or general welfare of the public.
2. Notice of the hearing for revocation of a permit shall be given by the City Clerk in writing,
setting forth specifically the grounds of complaint and the time and place of hearing. Such
notice shall be mailed postage prepaid, to the permittee at his or her last known address at
least five (5) days prior to the date set for hearing, or shall be delivered by a police officer in
the same manner as a summons at least three (3) days prior to the date set for hearing.
14.16. APPEAL
Any person aggrieved by the action of the Public Safety Director or the City Clerk in the denial of
a permit as provided in Section 14.08 of this Chapter may appeal to the City Council. Such appeal
shall be taken by filing with the City Council within fourteen (14) days after notice of the action
complained of, a written statement setting forth fully the grounds for the appeal. The Council shall
set a tire and place for a hearing on such appeal, and notice of such hearing shall be given to the
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appellant in the same manner as provided in Section 14.14 of this Chapter for notice of hearing
on revocation.
14.17. REAPPLICATION
No permittee whose permit has been revoked shall make further application until at least six (6)
months have elapsed since the last previous revocation.
14.18. ZONING COMPLIANCE
Every peddler, solicitor and transient merchant shall be required to comply with all applicable
sections of the City Zoning Code, Chapter 205.
LICENSE AND LICENSE YEAR
14.19.
The license fee and license year shall be as set forth in Chapter 11 of the City Code.
14.20. PENALTIES
Whoever does any act forbidden by this Chapter or omits or fails to do any act required by this
Chapter shall be guilty of a misdemeanor and is subject to all penalties provided for such
violations under the provisions of Chapter 901 of the Fridley City Code.
14.21. SEVERABILITY
Every section, provision or part of this Chapter is declared separable from every other section,
provision or part to the extent that if any section, provision, or part of this Chapter shall be held
invalid, such holding shall not invalidate any other section, provision or part thereof.
Fridley City Code
Chapter 704 Itinerant Merchants
704.01 Purpose
The City Council (Council) of the City of Fridley (City) deems it necessary to provide for the special
and express regulation of solicitors and peddlers to protect the public health, safety and general
welfare of residents. The Council further finds that enterprises such as the type described above
sometimes lend themselves to "fly-by-night" and other undesirable operations not normally
associated with permanently established local merchants.
704.02 Definitions
Itinerant Merchant Enterprise: Any business, whether located in the City or not, that is temporarily
selling goods or services for which delivery or performance occurs at a later time.
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Itinerant Merchant: an individual who is employed by, owns, contracts with or otherwise
represents an Itinerant Merchant Enterprise for the purpose of selling goods or services within the
City including:
1. Solicitor: A person authorized by an itinerant merchant enterprise, who goes from door-to-
door for the purpose of obtaining or attempting to obtain orders for goods, wares, products,
merchandise, personal property or services for which delivery or performance occurs at a later
time.
2. Peddler: A person who goes from place to place for the purpose of offering for sale,
displaying for sale, selling or attempting to sell goods, wares, products, merchandise, personal
property or services for which delivery or performance occurs immediately.
704.03 License and Permit Required
1. Itinerant Merchant Enterprise. It is unlawful for any person or entity to own, operate, engage
in, or carry on, within the City any type of business that is temporarily selling goods or services
for which delivery or performance occurs at a later time, without having obtained an Itinerant
Merchant Enterprise License pursuant to this Chapter.
2. Itinerant Merchant. It is unlawful for any individual to temporarily sell goods or services in
one location or travel between locations within the City without having obtained an Itinerant
Merchant Permit pursuant to this Chapter.
3. Licenses and permits have a term of either 30, 60 or 90 days from the date of issuance.
4. Licensing and permitting fees are established in the Fees Chapter of the Code.
704.04 Exemptions
For purposes of this Chapter, the term Ñitinerant merchantÒ does not apply to:
1. Non-commercial door-to-door advocates. Nothing within this Chapter will be interpreted
to prohibit or restrict non-commercial door-to-door advocates.
2. Any person selling or attempting to sell at wholesale any goods, wares, products,
merchandise or other personal property to a retail seller of the items being sold by the
wholesaler.
3. Any person who makes initial contacts with other people for the purpose of establishing or
trying to establish a regular customer delivery route for the delivery of perishable food and
dairy products, such as baked goods or milk.
4. Any person making deliveries of perishable food and dairy products to the customers on
their established customer delivery route, when attempting to establish a regular delivery
route or when publications are delivered to the community at large.
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5. Any person conducting the type of sale commonly known as garage sales, rummage sales
or estate sales.
6. Any person participating in an organized multi-person bazaar or flea market.
7. Any person conducting an auction as a properly licensed auctioneer.
8. Any officer of the court conducting a court-ordered sale.
704.05 Itinerant Merchant Enterprise License Application
1. An application for an Itinerant Merchant Enterprise License must be made on a form
supplied by the City Clerk and must include the following information:
(a) The name of the business, the names of all general partners and contact information
for all corporate officer(s).
(b) The full name, work telephone number and work email address for a businessÔs
licensing contact at the Itinerant Merchant Enterprise.
(c) A brief description of the nature of the business and the goods to be sold.
(d) Proof that the business holds any County, State or federal required licensing to sell any
items or perform any services that the business is proposing to sell.
(e) Whether the applicant is an individual, partnership, corporation, nonprofit corporation,
company, or other form of organization.
(f) Additional information as City staff or the Council may require.
704.06 Itinerant Merchant Permit Application
1. An application for an Itinerant Merchant Permit must be made on a form supplied by the
City Clerk and must include the following information:
(a) An approved Itinerant Merchant Enterprise License for the business that the applicant
will be soliciting for.
(b) Name and physical description of the applicant.
(c) Complete permanent home and local address of the applicant.
(d) Any and all addresses and phone numbers where the applicant can be reached when
conducting business within the City.
(e) In the case of peddlers, the local address from which the proposed sales will be made,
if applicable.
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(f) A brief description of the nature of the business and the goods to be sold.
(g) The source of supply of the goods or property proposed to be sold, or orders taken for
the sale, where such goods or products are located at the time said application is filed and
the proposed method of delivery.
(h) A recent color photograph of the applicant that is two inches by two inches showing
the head and shoulders of the applicant in a clear and distinguishing manner.
(i) The license plate number, registration information, vehicle identification number and
physical description for any vehicle to be used in conjunction with the Itinerant Merchant
Permit.
(j) The names of at least two people who will certify as to the applicant's good character
and business respectability, or, in lieu of the names of references, such other available
evidence as to the good character and business responsibility of the applicant, as will
enable the City to properly evaluate such character and business responsibility.
(k) A statement as to whether or not the applicant has been convicted of any crime,
misdemeanor, or violation of any City ordinance, other than traffic violations, the nature
of the offense and the punishment or penalty assessed therefor.
(l) The last municipalities, not to exceed three, where the applicant carried on business
immediately preceding date of application, the name of the business the applicant was
soliciting for and the address from which such business was conducted in those
municipalities.
704.07 Investigation and Issuance
1. Upon receipt of each application, it will be referred to the Public Safety Director or a
designee who will immediately institute such investigation of the applicant's business and
moral character as the Director deems necessary for the protection of the public good.
Itinerant Merchant Enterprise Licenses or Itinerant Merchant Permits may be denied for the
following reasons:
(a) Fraud, deception or misrepresentation in connection with the securing of the license or
permit.
(b) A conviction within the past five years of the date of application for any violation of
any federal or state statute or regulation, or of any local ordinance, which adversely reflects
upon the personÔs ability to conduct the business for which the license or permit is being
sought in a professional, honest and legal manner. Such violations include, but are not
limited to, burglary, theft, larceny, swindling, fraud, unlawful business practices and any
form of actual or threatened physical harm against another person.
(c) A revocation within the past five years of any license or permit issued to the applicant
for the purpose of conducting business as a solicitor, peddler or transient merchant.
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(d) Failure to fully comply with any requirements of this Chapter.
(e) Evidence of a negative business reputation. Evidence of a Ñnegative business
reputationÒ includes, but is not limited to, the existence of more than three complaints
against the applicant with the Better Business Bureau, the Office of the Minnesota Attorney
General, or other state attorney generalÔs office, or other similar business or consumer
rights office or agency within the preceding 12 months or three complaints filed with the
City against an applicant within the preceding five years.
2. If, as a result of such investigation, the applicant is found to be ineligible, the Public Safety
Director or a designee will deny the application, and return the application to the City Clerk,
who will notify the applicant that the application is denied and that no license or permit will
be issued.
3. If, as a result of such investigation, the applicant is found to be eligible, the Public Safety
Director or a designee will approve the application, return the application to the City Clerk
who will notify the application that the application is approved and the license or permit will
be issued. Such license or permit must contain the signature of the issuing officer and must
show the name, address and photograph of said license/permit holder, whether the document
is a license or a permit, and the kinds of goods to be sold, as well as the license/permit number
and other identifying description of any vehicle used in such licensed/permitted business.
4. Each Itinerant Merchant must secure a personal permit. No permit may be used at any time
by any person other than the one to whom it is issued.
704.08 Amplification
1. Pursuant to the Noise Chapter of the Code, no permit holder may shout, cry out, blow a
horn, ring a bell, or use any sound amplifying device upon any of the streets, alleys, parks or
other public places of the City or upon private premises where sound of sufficient volume is
emitted or produced to be capable of being unreasonably audible within an enclosed structure
for the purpose of attracting attention to any goods, wares or merchandise which such the
permit holder proposes to sell.
2. Exception for Mobile Food Units. Operators of Mobile Food Units must follow the directives
established in the Mobile Food Units Chapter of the Code.
704.09 Use of Public Streets or Grounds
No permittee or licensee under this Chapter has any exclusive right to any location on the public
streets or grounds or any stationary location. Permittees are not permitted to operate in a
congested area where such operation might impede or inconvenience the public use of such
streets. For the purpose of this Chapter, the judgment of a police officer, exercised in good faith,
will be deemed conclusive as to whether the area is congested and the public impeded or
inconvenienced.
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704.10 Hours of Operation
Business may be conducted by license/permit holders under this Chapter between the hours of 8
a.m. and 9 p.m. on any day.
704.11 Display of License/Permit
License holders and permittees are required to display their license/permit and photo ID issued
by the City at all times.
704.12 Duty of Police to Enforce
It is the duty of police officers to enforce the provisions of this Chapter and require any person
seen peddling or soliciting to produce approved licenses/permits as required by this Chapter.
704.13 Suspension or Revocation
1. Licenses and permits issued under the provisions of this Chapter may be suspended or
revoked by the City Manager for any of the following causes:
(a) Fraud, misrepresentation, or false statement contained in the application for license or
permit;
(b) Fraud, misrepresentation, or false statement made while carrying out business as a
licensed Itinerant Merchant;
(c) Any violation of this Chapter; or
(d) Conviction of any offense to which the granting of the license or permit could have
been denied under this Chapter.
704.14 Appeals
1. Any person contesting a citation or decision (including a denial or revocation of a license or
permit) associated with this Chapter may file an appeal pursuant to the Appeals and
Administrative Citations chapter of the Code.
2. Within 14 business days of a determination by the Hearing Examiner, any person contesting
that decision may appeal to the Council by submitting a written appeal to the City Clerk. At its
next regular meeting following the Hearing Examiner's decision, the Council will affirm, repeal,
or modify that decision.
704.15 Reapplication
No license or permit holder whose license or permit has been denied or revoked may make further
application until at least six months have elapsed since the last previous revocation.
704.16 Zoning Compliance
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Every licensee and permittee is required to comply with all applicable sections of the zoning
chapters of the Code.
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Section 6
Amending Fridley City Code Chapter 26 (Hotels and Motels).
Fridley City Code
Chapter 26.705 Hotels and MotelsLodging
705.01 Purpose
This Chapter establishes standards and regulations for operating lodging establishments in the
City of Fridley (City).
705.02 Definitions
Extended stay hotel: an establishment in which all rooms contain accommodations for sleeping
and a kitchen equipped with a full-sized refrigerator, built-in cooking facilities, microwave, sink,
cooking utensils, dishes and cutlery.
Guestroom: a room in a lodging establishment intended to be used as a sleeping accommodation.
Hotel (or motel): a building, structure, enclosure or any part thereof used as, maintained as,
advertised as a place where sleeping accommodations are furnished to the public.
Licensed premises: all property, whether in or out of a building or structure which is used for the
licensed activity, including parking areas for use by lodgers; all property under the ownership,
control or management of the operator.
Lodger, renter or guest: the person obtaining lodging from an operator.
Lodging establishment: any building, structure, enclosure or any part thereof used as, maintained
as, or advertised as a place where sleeping accommodations are furnished to the public.
Nuisance-related activities: any one or more of the following occurring or committed on the
licensed premises:
1. Prostitution or prostitution-related activity, sex trafficking, or other human trafficking
2. Maintaining a public nuisance in violation of Minnesota Statute (M.S.) § 609.74
3. Permitting a public nuisance in violation of M.S. § 609.745
4. Maintaining or permitting a violation of Fridley City Code
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5. Unlawful consumption, sale, possession, storage, delivery, manufacture, cultivation or use
of controlled substances
6. Unlicensed sales of alcoholic beverages or unregistered sales of cannabis products
7. Unlawful use or possession of firearms, firearm parts or ammunition
8. Actions which constitute a violation of M.S. § 609.72 related to disorderly conduct.
9. Loitering pursuant to M.S. 609.3243.
Owner or operator: any person, firm association, partnership, limited liability company or
corporation which is the record owner, part owner, lessee, receiver, sublessee or franchised
operator of real property as listed on the Anoka County property records that operates a lodging
establishment business that offers and accepts payment for guestrooms.
Rent: the total consideration valued in money charged for lodging whether paid in money or
otherwise, but may not include any charges for services rendered in connection with furnishing
lodging other than the room charge itself.
26.01. 705.03 License Required
1. No person shall may own, operate, or maintain any hotel or motel in the City of Fridley
without obtaining a license therefor pursuant to the provisions of this CodeChapter.
26.02. Application
2. Application shall Applications must be made with the City Clerk on forms furnishedin the
format prescribed by the City. The applicant shall provide such information as the City Council
shall require.
3. License Requirements. All applicants for a City license must submit a completed license
application form to the City Clerk. The license to operate may denied for any incomplete
license requirements. Application forms must include all information required by the City,
including:
(a) Address of hotel, and the name, address, and complete information for the owner(s) of
the property where the hotel is located.
(b) The name, address, and complete information for the operator(s) of the hotel.
(c) Satisfactory completion of a criminal background check of all operators of the lodging
establishment. Investigations will include prior similar business activities within the City
and other jurisdictions.
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(d) 24-hour contact information for an agent of the hotel operator responsible for
management of the hotel.
(e) 24-hour contact information for an agent of the hotel operator capable of accessing
surveillance cameras and recorded video
(f) Number of guest rooms.
(g) Certification by the City Manager or a designee that the hotel is not in violation of any
City, County or State laws.
(h) Safety standards. Certification of safety standards by the City Manager or a designee
that exterior spaces are adequately maintained and illuminated, that common areas within
the lodging establishment and parking areas are adequately covered by surveillance
cameras and are accessible by an employee onsite and inaccessible to guests.
(i) Certification by the City Manager or a designee that the hotel does not, whether by
policy or by practice, accept cash for the payment of rent.
(j) Proof that the property where the hotel is located is current on its payment of property
taxes and payment of all City utility bills.
(k) Proof that every person working on site at a lodging establishment has completed sex
trafficking prevention training as required by M.S. § 157.177.
705.04 Minimum Standards of Operation
To maintain the license to operate issued through the City, the operator must comply with the
following minimum standards of operation:
1. No person may be allowed to rent a guestroom without providing suitable identification at
the time of registration. The guest must verify their identification through production of a
driverÔs license, passport or other government-issued identification. The identification must
match the name on any form of payment used.
2. No guestroom may be rented to any individual under the age of 18. The legal name of at
least one individual over the age of 18 and all persons, excluding children, occupying the
guestroom must be listed on the register at the time of registration. Any person who remains
in a room after midnight is presumed to be a guest. Guestroom occupancy lists must be
recorded and maintained by the lodging establishment for at least 365 days.
3. The lodging establishment must immediately, upon notice that a registration was
incomplete or inaccurate, terminate the rental agreement and eject them from the licensed
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premises all guests occupying the guestroom for which such incomplete or inaccurate
registration was provided.
4. Guestrooms must be numbered in a plain, conspicuous manner. Numbers must be placed
and maintained on the outside of the outer door of each guestroom. No two guestrooms may
be labeled with the same number.
5. No guest may be able to purchase a guestroom on an hourly basis.
6. Any licenses issued by the State, County or City must be conspicuously displayed in the
office or lobby of the lodging establishment.
7. Lodging establishments must always have a manager on the licensed premises.
8. The lodging establishment must maintain and follow all building, mechanical, zoning and
licensing regulations. Each guestroom must maintain the following minimum requirements:
(a) A proper entry door, windows, bed and bedding
(b) Restroom facilities that include a toilet, sink and a bathtub or shower
(c) Heating and air conditioning.
(d) Smoke detector and fire sprinkler.
(e) 24-hour free emergency telephone access to the front desk and to 911 services.
9. Maintenance of records. Every lodging establishment must keep a register of persons who
rent a guestroom. The record is written documentation of information about a guest that may
be maintained electronically, in a book or on cards. Records must be kept on the licensed
premises in the reception of guest check-in area, or in an office adjacent to that area. No
person may alter, deface or erase the record so as to make the information illegible or
unintelligible, or hinder, obstruct or interfere with any inspection of record under this section.
10. Inspection of licensed premises. To ensure compliance with this Chapter, random
inspections of the licensed premises may occur.
11. Inspection of maintained records. The maintained video, written and electronic records
must be made available to law enforcement officials or other authorized City officials upon a
reasonable request.
12. Cooperation with investigations. If a guest or employee of a lodging establishment makes
an emergency call for service or reports suspicious or illegal activity to law enforcement, all
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individuals related to the lodging establishment must cooperate with law enforcement during
the ongoing investigation.
13. Safety standards. Exterior spaces must be adequately maintained and illuminated.
Common areas within the lodging establishment and exterior parking areas must be
adequately covered by surveillance cameras, which are accessible by an employee onsite and
inaccessible to guests.
14. Operators must provide sex trafficking prevention training as required by M.S. § 157.177
to all establishment employees.
15. New construction requirements. Any newly constructed lodging facility may only be
designed so that guest rooms are accessible through a common lobby and not from separate
exterior entrances. All new construction must be compliant with the zoning chapters of the
Code, the State Building Code and the State Fire Code.
705.05 Prohibited Acts
1. No person may own, operate or maintain any lodging establishment in the City while:
(a) Knowingly permitting the licensed premises to be used for any illegal purpose,
including in any manner that is a violation of any building, fire, mechanical, zoning or
licensing requirements of the State, County or City.
(c) Knowingly allowing a guestroom to be occupied for the purposes of sex trafficking.
(d) Knowingly allowing a guestroom to be occupied for the purposes of illegal drug
activity.
(e) Knowingly allowing a guestroom to be occupied by a minor for the consumption of
alcoholic, THC or other intoxicating substances.
(f) Prohibiting the inspection of the licensed premises in accordance with State, County or
City regulations.
(g) Failing to report observed or suspected illegal activity to Police in a reasonable period
of time.
2. No owner, operator, employee, manager or contractor performing services of any kind may
reside in a guestroom at the lodging establishment.
3. No guest may establish permanent residency at the lodging establishment.
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4. Duration of stay. No owner, operator, employee, manager, contractor or guest may allow
or permit guests of a hotel to stay longer than 29 days in a 60 consecutive day period. No
owner, operator, employee, manager, contractor or guest may allow or permit guests of an
extended stay hotel to stay longer than 120 days in a 150 consecutive day period.
705.06 Emergency Closure of Licensed Lodging Establishments
1. If any of the following conditions exist, the operator or person in charge may be ordered to
discontinue all operations of the lodging establishment until such time as the health authority
confirms the correction of the violation:
(a) Failure to possess a license as required;
(b) Lack of potable, plumbed, hot or cold water to the extent that hand washing, laundry
facilities or toilet facilities are not operational;
(c) Lack of electricity or gas service to the extent that hand washing, laundry facilities,
ventilation, lighting, or toilet facilities are not operational;
(d) Evidence of an ongoing illness associated with the operation of the lodging
establishment;
(e) Significant damage to the lodging establishment due to tornado, fire, flood, or other
disaster;
(f) Evidence of an extensive infestation of rodents or other vermin;
(g) Evidence of cross contamination, filthy conditions, or poor personal hygiene to the
extent of posing an imminent health risk;
(h) Misuse of poisons or toxic materials.
2. The licensee must request a re-inspection prior to re-opening. Approval may be granted by
the City Manager or a designee, or health authority.
26.03. 705.07 Fees
The annual license fee is established in the Fees Chapter of the Code.
The annual license fee and expiration date shall be as provided in Chapter 11 of this Code.
26.04. PENALTIES
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Any violation of this Chapter is a misdemeanor and is subject to all penalties provided for such
violations under the provision of Chapter 901 of this Code.
705.08 Appeals
1. Any person contesting a citation or decision associated with violations of this Chapter may file
an appeal pursuant to the Appeals and Administrative Citations Chapter of the Code.
2. Within 14 business days of a determination by the Hearing Examiner, any person contesting
that decision may appeal to the Council by submitting a written appeal to the City Clerk. At its
next regular meeting following the Hearing Examiner's decision, the Council will affirm, repeal or
modify that decision.
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Section 7
Amending Fridley City Code Chapter 608 (Lodging Tax).
Fridley City Code
Chapter 608.211 Lodging Tax
608.01211.01 Purpose
The legislature has authorized the imposition of a tax upon lodging establishments at a hotel,
motel, rooming house, tourist court or other use of space by a transient. The imposition of such a
tax would to provide funding for a convention and tourism bureau to promote the City of Fridley
(City) as a tourist and convention center.
608.02211.02 Definitions
For the purpose of this Chapter, the following terms, phrases and words, and their derivations
shall have the meaning given herein. When not inconsistent with the context, words used in the
present tense include the future, words in the plural number include the singular number and
words in the singular number include the plural number. The word "shall" is always mandatory
and not merely directory.
1. The term "director" means the Finance Director of the City.
2. The term "city" means the City of Fridley.
3. The term "lodging" means the furnishing for a consideration of lodging by a hotel, motel or
rooming house except where such lodging shall be for a continuous period of 30 days or more to
the same lodger(s). The furnishing of rooms by religious, educational or nonprofit organizations
shall not constitute "lodging" for purposes of this Chapter.
4. The term "operator" means a person who provides lodging to others or any officer, agent or
Employee of such person.
5. The term "person" means any individual, corporation, partnership, association, estate, receiver,
trustee, executor, administrator, assignee, syndicate, or any other combination of individuals.
Whenever the term "person" is used in any provision of this chapter prescribing and imposing a
penalty, the term as applied to a corporation, association, or partnership, shall mean the officers,
or partners thereof as the case may be.
6. The term "rent" means the total consideration valued in money charged for lodging whether
paid in money or otherwise, but shall not include any charges for services rendered in connection
with furnishing lodging other than the room charge itself.
7. The term "lodger" means the person obtaining lodging from an operator.
Director: The Finance Director of the City.
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Hotel (or motel): a building, structure, enclosure or any part thereof used as, maintained as,
advertised as a place where sleeping accommodations are furnished to the public for periods of
less than seven calendar days.
Lodger (or renter): the person obtaining lodging from an operator.
Lodging establishment: a building, structure, enclosure or any part thereof used as, maintained
as, advertised as a place where sleeping accommodations are furnished to the public for periods
of more than seven calendar days.
Operator: a person who provides lodging to others.
Rent: the total consideration valued in money charged for lodging whether paid in money or
otherwise, but may not include any charges for services rendered in connection with furnishing
lodging other than the room charge itself.
608.03211.03 Imposition of Tax
There is hereby imposed a tax of three percent3% on the rent charged by an operator for
providing lodging to any person on and after August 1, 1986. The tax shallmust be stated and
charged separately and shallmust be collected by the operator from -the lodger. The tax collected
by the operator shallwill be a debt owed by the operator to the cityCity and shallwill be
extinguished only by payment to the cityCity. In no case shallmay the tax imposed by this
sectionChapter upon an operator exceed the amount of tax which the operator is authorized and
required by this chapterChapter to collect from a lodger.
608.02114.04 Collections
Each operator shallmust collect the tax imposed by this chapterChapter at the time the rent is
paid. The tax collections shallmust be deemed to be held in trust by the operator for the cityCity.
The amount of tax shallmust be separately stated from the rent charged for the lodging.
608.05211.05 Exceptions and Exemptions
1. Exceptions. No tax shall will be imposed on rent for lodging paid by any officer or employee
of a foreign government who is exempt by reason of express provisions of federal law or
international treaty.
2. Exemptions. An exemption shall be granted to any person as to whom or whose occupancy
it is beyond the power of the cityCity to tax. No exemption shallwill be granted except upon
a claim therefor made at the time the rent is collected and such a claim shallmust be made in
writing under penalty of perjury on forms provided by the cityCity. All such claim shallclaims
must be forwarded to the cityCity when the returns and collections are submitted as required
by this chapterChapter.
608.06211.06 Advertising No Tax
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It shall beis unlawful for any operator to advertise or hold out or state to the public or any
customer, directly or indirectly, that the tax or any part thereof will be assumed or absorbed by
the operator, or that it will not be added to the rent or that, if added, it or any part thereof will be
refunded. In computing the tax to be collected, amount of tax less than one cent shall must be
considered an additional cent.
608.07211.07 Payment and Returns
The taxes imposed by this chapter shallChapter must be paid by the operator to the cityCity
monthly not later than 25 days after the end of the month in which the taxes were collected. At
the time of payment the operator shallmust submit a return upon such forms and containing such
information. as the directorDirector may require. The return shall contain the following minimum
information:
1. The total amount of rent collected for lodging during the period covered by the return.
2. The amount of tax required to be collected and due for the period.
3. The signature of the person filing the return or that of his or her agent duly authorized in
writing.
4. The period covered by the return.
5. The amount of uncollectable rental charges subject to the lodging tax.
The operator may offset against the taxes payable with respect to any reporting period, the
amount of taxes imposed by this Chapter previously paid as a result of any transaction the
consideration for which became uncollectable during such reporting period, but only in
proportion to the portion of such consideration which became uncollectable.
608.08211.08 Examination of Return, Adjustments, Notices and Demands
The Director may rely upon the Minnesota sales tax return filed by the operator with the State of
Minnesota in determining the accuracy of a return filed under this ordinance. However, the
director shall beDirector is authorized to make any investigation or examination of the records
and accounts of the person making the return if the directorDirector reasonably determines that
such steps are necessary for determining the correctness of the return. The tax computed on the
basis of such examination shallwill be the tax to be paid. If the tax due is found to be greater than
that paid, such excess shallmust be paid to the City within ten days after receipt of a notice thereof
given either personally or sent by registered mail to the address shown on the return. If the tax
paid is greater than the tax found to be due, the excess shallwill be refunded to the person who
paid the tax to the City within ten days after determination of such refund.
608.09211.09 Refunds
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Any person may apply to the directorDirector for a refund of taxes paid for a prescribed period in
excess of the amount legally due for that period, provided that no application for refund shallmay
be considered unless filed within one year after such tax was paid, or within one year from the
filing of the return, whichever period is the longer. The director shallDirector must examine the
claim and make and file written findings thereon denying or allowing the claim in whole or in part
and shallmust mail a notice thereof by registered mail to such person at the address stated upon
the return. If such claim is allowed in whole or in part, the director shallDirector must credit the
amount of the allowance against any taxes due under this chapterChapter from the claimant and
the balance of said allowance, if any, shallmust be paid by the directorDirector to the claimant.
608.10211.10 Failure to File a Return
1. If any operator required by this chapterChapter to file a return shall failfails to do so within the
time prescribed, or shall makemakes, willfully or otherwise, an incorrect, false, or fraudulent return,
the operator shallmust, upon written notice and demand, file such return or corrected return
within five days of receipt of such written notice and shallmust at the same time pay any tax due
on the basis thereof. If such person shall failfails to file such return or corrected return, the director
shallDirector must make a return or corrected return, for such person from such knowledge and
information as the director can obtain, and assess a tax on the basis thereof, which tax (less any
payments theretofore made on account of the tax for the taxable period covered by such return)
shallmust paid upon within five days of the receipt of written notice and demand for such
payment. Any such return or assessment made by the director shallDirector will be prima facie
correct and valid, and such person shallwill have the burden of establishing its incorrectness or
invalidity in any action or proceeding in respect thereto.
2. If any portion of a tax imposed by this Chapter, including penalties thereon, is not paid within
30 days after it is required to be paid, the City Attorney my institute such legal action as may be
necessary to recover the amount due plus interest, penalties, the costs and disbursements of any
action.
3. Upon a showing of good cause, the directorDirector may grant an operator one thirty (30) day
extension of tinetime within which to file a return and make payment of taxes as required by this
chapterChapter provided that interest during such period of extension shallwill be added to the
taxes due at the rate of 10 percent% per annum.
608.11211.11 Penalties
1. If any tax imposed by this chapterChapter is not paid within the time herein specified for
the payment, or any extension thereof, there shallwill be added thereto a specific penalty equal
to 10 percent% of the amount remaining unpaid.
2. In case of any failure to make and file a return within the time prescribed by this
chapterChapter, unless it is shown that such failure is not due to willful neglect, there shallwill
be added to the tax in addition to the 10 percent% specific penalty provided in A above, 10
percent% if the failure is for not more than 30 days with an additional 5 percent% for each
additional 30 days or fraction thereof during which such failure continues, not exceeding 25
percent% in the aggregate. If the penalty as computed does not exceed $10, a minimum
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penalty of $10 shallwill be assessed. The amount so added to any tax shallmust be collected
at the same time and the same manner and as a part of the tax unless the tax has been paid
before the discovery of the negligence, in which case the amount so added shallmust be
collected in the same manner as the tax.
3. If any person willfully fails to file any return or make any payment required by this
chapterChapter, or willfully files a false or fraudulent return or willfully attempts in any manner
to evade or defeat any such a tax or payment thereof, there shallmay also be imposed as a
penalty an amount equal to 50 percent% of any tax (less any amounts paid on the basis of
such false or fraudulent return) found due for the period to which such return related. The
penalty imposed by this subdivision shallmust be collected as part of the tax, and shallwill be
in addition to any other penalties provided by this chapterChapter.
4. All payments received shallwill be credited first to penalties, next to interest, and then to
the tax due.
5. The amount of tax not timely paid, together with any penalty provided by this section,
shallwill bear interest at the rate of 8 percent% per annum from the time such tax should have
been paid until paid. Any interest and penalty shall be added to the tax and be collected as
part thereof.
608.12211.12 Administration of Tax
The director shallDirector will administer and enforce the assessment and collection of the taxes
imposed by this chapterChapter. The director shall cause to be preparedDirector will prepare
blank forms for the returns and other documents required by this chapterChapter and shallwill
distribute the same throughout the cityCity and furnish them on application, but failure to receive
or secure them shallwill not relieve any person from any obligation required of him under this
chapterChapter unless it can be established that the required forms were not available from the
City.
608.13211.13 Examine Records
The director Director or a designee and those persons acting on behalf of the director authorized
in writing by the director may examine the books, papers and records of any operator in order to
verify the accuracy of any return made, or if no return was made, to ascertain the tax as provided
in this chapter. Every such operator is directed and required to give to the said director or to his
duly authorized agent or employee the meansDirector or a designee, facilities and opportunity
for such examinations and investigations as are hereby authorized.
608.14211.14 Contract with State
The City Manager is authorized to confer with the Minnesota commissioner of taxation to the end
that an agreement between the City and the commissioner of taxation may be entered into for
the purpose of providing for the administration and collection of the taxes imposed by this
chapterChapter. Such an agreement shallwill not become effective until presented to the
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councilCouncil for its approval and when so approved the tax imposed by this chapter
shallChapter will be collected and administered pursuant to the terms of said agreement.
608.15 Violations
Any person who shall willfully fail to make a return required by this chapter, or who shall fail to
pay the tax after written demand for payment, or who shall fail to remit the taxes collected or any
penalty or interest imposed by this chapter after written demand for such payment or who shall
refuse to permit the director or any duly authorized agents or employees to examine the books,
records and papers under his or her control, or who shall willfully make any incomplete, false or
fraudulent return shall be guilty of a misdemeanor.
608.16211.15 Use of Proceeds
The ninety-five (95%) percent proceeds obtained from the collection of taxes pursuant to this
chapter shallChapter must be used in accordance with Minnesota Statutes Section§ 477A.018 as
the same may be amended from time to time to fund a local convention or tourism bureau for
the purpose of marketing and promoting the cityCity as a tourist or convention center.
608.17211.16 Appeals
1. Any operator aggrieved by any notice, order or determination made by the director under this
chapter may file a petition for review of such notice, order or determination detailing the
operator's reasons for contesting the notice, order or determination. The petition shall contain
the name of the petitioner, the petitioner's address and the location of the lodging subject to the
order, notice or determination.
2. The petition for review shall be filed with the City Clerk within ten days after the notice, order
or determination for which review is sought has been mailed or served upon the person
requesting review.
3. Upon receipt of the petition the City Manager, or his designee, shall set a date for a hearing
and give the petitioner at least five days prior written notice of the date, time and place of the
hearing.
4. At the hearing, the petitioner shall be given an opportunity to show cause why the notice,
order or determination should be modified or withdrawn. The petitioner may be represented by
counsel of petitioner's choosing at petitionerÔs own expense.
5. The hearing shall be conducted by the City Manager or his designee, provided only that the
person conducting the hearing shall not have participated in the drafting of the order, notice or
determination for which review is sought.
6. The person conducting the hearing shall make written findings of fact and conclusions based
upon the applicable sections of this chapter and evidence presented. The person conducting the
hearing may affirm, reverse or modify the notice, order or determination made by the director.
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7. Any decision rendered by the City Manager pursuant to this subdivision may be appealed to
the City Council. A petitioner seeking to appeal a decision must file a written notice of appeal with
the City Clerk within ten days after the decision has been mailed to the petitioner. The matter will
thereupon be placed on the council agenda as soon as is practical. The Council shall then review
the findings of fact and conclusions to determine whether they were correct. Upon a
determination by the Council that findings and conclusions were incorrect, the Council may
modify, reverse or affirm. the decision of the City Manager or his designee upon the same
standards as set forth in subdivision F.
1. Any person contesting a citation or decision associated with violations of this Chapter may file
an appeal pursuant to the Appeals and Administrative Citations Chapter of the Code.
2. Within 14 business days of a determination by the Hearing Examiner, any person contesting
that decision may appeal to the Council by submitting a written appeal to the City Clerk. At its
next regular meeting following the Hearing Examiner's decision, the Council will affirm, repeal or
modify that decision.
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Section 8
Amending Fridley City Code Chapter 30 (Lawful Gambling).
Fridley City Code
Chapter 30.706 Lawful Gambling
30.01.706.01 Statement of PolicyPurpose
The City of Fridley deems it desirable to regulate lawful gambling within its jurisdiction as
authorized by Minnesota Statutes, Section 349.213. The City finds that, for the purposes of greater
supervision and access of information, a more restrictive requirement for the location of licensed
organizations to those located within the City is in the interest of the health and safety of the
citizens of the City of Fridley. The City of Fridley (City) deems it necessary to establish regulatory
oversight of lawful gambling activities through enhanced supervision to promote the health,
safety and welfare of the public, as authorized by Minnesota Statute (M.S.) § 349.213.
30.02.706.02 Definitions
The definitions in Minnesota State Statutes Chapter 349 are adopted by reference in this chapter.
Licensed organizations in the City of Fridley may be permitted to conduct lawful gambling or use
any gambling device allowable by Chapter 349.
Licensed Organizations: In order to be eligible for a premises permit, an organization must meet
the following requirements:
The activities of the organization directly or primarily benefit the citizens of Fridley.
A. One-third of the organizationÔs members reside in the City of Fridley. The organization
must file a list containing the names and addresses of all current members with each
new application for a premises permit; and annually thereafter with the city clerk; or
the organization must have had a principal business or operations location in the City
of Fridley for a continuous period of at least one year immediately preceding the
permit request and must maintain such a location to conduct business as long as the
organization operates lawful gambling activities in the city. Organizations that meet
one of these conditions shall be considered a qualifying organization.
30.03.706.03 Regulations
1. Licensed organizations in the City may be permitted to conduct lawful gambling or use any
gambling device allowed by M.S. Chapter 349.
2. A licensed organization may not conduct lawful gambling at any site until it has first
obtained from the Gambling Control Board a premises permit for the site. The Board will not
issue a premises permit unless the organization submits with its application a resolution from
the City Council approving the permit.
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3. To be eligible for a permit, an organization must directly or primarily benefit the citizens of
the City.
1.4. Licensed organizations conducting lawful gambling within the City of Fridley shall must
expend fifty percent (50%) of its expenditures for lawful purposes conducted or located within
the CityÔs of Fridley trade area. The Fridley CityÔs trade area is limited to the City of Fridley and
each city contiguous to the City of Fridley.
2.5. Licensed organizations conducting lawful gambling within the City of Fridley must file a
copy of monthly gambling board financial reports to the Fridley City Clerk.
3.6. Licensed organizations conducting lawful gambling within the City of Fridley in an
establishment licensed under Chapter 603 Entitled "Intoxicating Liquor" or Chapter 606
Entitled ÑIntoxicating Liquor On-Sale ClubÒthe Liquor Chapter of the Fridley City Code may sell
pull-tabs from a booth used solely by the licensed lawful gambling organization, or conduct
such other forms of lawful gambling with lawful gambling devices as may be permitted by
state State law and authorized by the City. Lawful gambling shall may neither be conducted
by employees of the liquor establishment or conducted from the bar area.
4.7. Licensed organizations conducting lawful gambling in the City of Fridley shall beare
responsible for booths and other equipment used in lawful gambling.
5. No bingo hall license holder or lawful gambling license holder shall permit bingo to be
conducted on the premises more than 4 days in any week, or permit more than 12 bingo
occasions in any week.
8. Gambling endorsements for on-sale liquor licenses issued pursuant to the Liquor Chapter
of the Code are subject to the following regulations, which are be deemed as a part of the
license, and failure of compliance may constitute grounds for adverse action as prescribed in
the Code:
(a) Use of the licensed premises must be by means of a State approved lease agreement
between the licensee and the licensed organization. A copy of the lease must be filed with
the City Clerk, and also a copy must be kept on the premises and available for public
inspection upon request. Leases are be governed by the following:
(1) Any form of lawful gambling permitted by the State as defined by M.S. Chapter
349 and otherwise approved or licensed by the City may be conducted on the licensed
premises.
(2) Pulltabs may only be conducted from a booth used solely by the licensed lawful
gambling organization. Lawful gambling may neither be conducted by employees of
the licensee or conducted from the bar service area.
(3) The construction and maintenance of the booth used by the licensed lawful
gambling organization is the sole responsibility of the licensed lawful gambling
organization.
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(b) Only one licensed lawful gambling organization is permitted to conduct lawful
gambling on the licensed premises.
(c) The licensee may not be reimbursed by the licensed lawful gambling organization for
any license or permit fees, and the only compensation which the licensee may obtain from
the licensed lawful gambling organization is the rent fixed in the lease agreement.
(d) The licensee is responsible for the licensed lawful gambling organization's conduct. The
City Council may suspend the licensee's permission to allow lawful gambling on the
premises for a period up to 60 days for any violation of State or local gambling laws or
regulations that occur on the premises by anyone, including the licensee or the licensed
lawful gambling organization. A second violation within a 12-month suspensionperiod,
and any additional violations within a 12-month period willmay result in the revocation of
the lawful gambling permission and may also be considered by the Council as grounds for
suspension or revocation of the on-sale liquor license.
(e) Establishments licensed by the City for the sale of alcoholic beverages must seek
qualifying organizations as defined in the Intoxicating Liquor Chapter of the Code
whenever they contract with organizations to conduct lawful gambling on their premises.
If the owner of the establishment is unsuccessful at locating a qualifying organization, they
may attest to that fact on their liquor license application. The Council may waive this
requirement for a non-qualifying organization.
30.04.706.04 Local Gambling Tax
A local gambling tax of three percent (2%) of the gross receipts from lawful gambling, lawful
gambling, less prizes actually paid by the organization, shall will be paid to the City for the purpose
of regulating said gambling. Any tax not utilized in conjunction with regulating said gambling
shall will be returned to the contributing organizations annually. Organizations operating under a
State and City approved lawful gambling exemption certificate are exempt from the local
gambling tax.
30.05.706.05 State License Exemptions Ï and Exclusions, City Permit Required
1. Lawful gambling that is exempt or excluded from a license under Minnesota Statute,
sectionM.S. § 349.166214, shall requires a City permit. Application for a permit shall must be
made to the City Clerk with payment of the specified fee in Chapter 11 of the City as
established in the Fees Chapter of the Code.
2. To qualify for a City permit, an organization must be in existence for at least three years and
have at least 15 active members.
30.06. SEVERABILITY
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Every section, provision or part of this Chapter is declared separable from every other section,
provision or part to the extent that if any section, provision, or part of this Chapter shall be held
invalid, such holding shall not invade any ocher section, provision or part thereof.
30.07. 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 of this Code.
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Section 9
Amending Fridley City Code Chapter 34 (Mobile Food Units).
Fridley City Code
Chapter 35 707 Mobile Food Units
35707.01 Purpose
The purpose of this Chapter is to protect the health, safety, and welfare of the community through
the establishment of standards for mobile food units to operate in a safe and effective manner in
the City of Fridley (City).
35707.02 Definitions
Mobile Food Unit: A food or beverage service that is a mounted vehicle, either motorized or trailer,
and is readily movable without disassembling for transport to another location. The two distinct
types of Mobile Food Units are detailed below:
1. Food Truck: A self-contained unit in which food is stored, cooked, or prepared for direct
sale to the consumer while parked or stationary in one location.
2. Ice Cream Truck: A motor vehicle utilized as the point of retail sale of pre-packaged ice
cream, frozen yogurt, frozen custard, flavored frozen water, or similar frozen dessert products,
while travelling within the City.
35707.03 Food Truck License Required
1. All operators of food trucks must obtain a license to operate within the City.
2. No person may operate a food truck within the City without a valid license from Anoka
County or a Minnesota Department of Health license.
3. No license issued under this Chapter may be transferred to any other person or
entitybusiness.
4. A license issued under this Chapter becomes effective from the date on which the license
is issued through April 30 of the subsequent year.
5. A copy of the valid license must be openly displayed at all times in the food truckmobile
food unit when it is within the City.
6. For the purposes of this Chapter, any food truck equipped with appliances that produce
smoke or grease-laden vapors must submit to a Fire Safety Inspection performed by the Fire
Division, pursuant to the Mobile Food Preparation Vehicles Chapter of the Minnesota State
Fire Code.
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35707.04 Food Truck License Application
1. No person may operate a food truck within the City without a valid license from the City,
which includes the following requirements:
(a) The full legal name of the owner of the food truck;
(b) The full legal name of the operator of the food truck, other commonly known names
the operator may use, the operatorÔs date of birth, and a copy of their driverÔs license;
(c) A list of names of all persons working in the food truck;
(d) A description of the nature of the business and the goods to be sold out of the food
truck;
(e) A description of the food truck and valid license plate number for any vehicle associated
with a City food truck license;
(f) The name, address and contact information for the restaurant with which the food truck
is affiliated, if applicable;
(g) A complete Background Investigation Consent Form;
(h) A Certificate of Insurance proving commercial general liability coverage of not less than
$1 million for each occurrence, or a $2 million annual aggregate;
(i) Proof of workersÔ compensation insurance, or evidence of exemption, is required;
(j) A copy of the applicantÔs State sales tax identification number, with a complete State
SP:C1 Form; and
(k) Written consent of each private property owner from which sales from a food truck will
be conducted.
35707.05 Food Truck Allowed Activities
1. Mobile food trucks are allowed under the following circumstances:
(a) In conjunction with a private party or event located at a City park, provided the renter
of the park has a valid park rental permit issued from the City;
(b) In conjunction with an event sponsored by the City taking place on City-owned
property with written consent of the City Manager or their a designee;
(c) In conjunction with a school-sponsored event taking place on school-owned property
with written consent of the school official; or
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(d) In conjunction with a private event, on private property with written consent from the
property owner.
35707.06 Food Truck Prohibited Activities
1. No mobile food truck operators may conduct business in the following manner:
(a) Calling attention to their business or the items to be sold by means of blowing any
horn or whistle, ringing any bell, yelling, or by making any other noise that would disturb
the peace and enjoyment of the general public.
(b) Obstructing the free flow of traffic, either vehicular or pedestrian, on any street,
sidewalk, alleyway, or other public right-of-way. An operator may not park a food truck on
any public right-of-way or in residential zoning district except during events permitted
under this Chapter.
(c) Conducting business in a way as to create a threat to the health, safety, and welfare of
any specific individual or the general public.
(d) Conducting business before 7:00 a.m. or after 10:00 p.m.
(e) Failing to provide license, registration, or identification when requested.
(f) Using the registration of another person or business.
(g) Using false or misleading statements about the products or services being sold,
including untrue statements of endorsement. No food truck operator may claim to have
the endorsement of the City solely based on the City having issued a license to that person.
(h) Remaining on the property of another when requested to leave.
(i) Operating their business in any manner that a reasonable person would find obscene,
threatening, intimidating or abusive.
(j) Operating on the same property more than 21 days in a 60-day period.
(k) Disposing wastegray water into any City stormwater drain. WasteGray water must be
drained daily in the sanitary sewer system.and in an appropriate manner.
(l) Failing to provide refuse containers for customers. The operator of a food truck is
responsible for removing all refuse associated with the food truck operations.
(m) No overnight storage of a food truck is permitted.
35707.07 Food Truck Signs
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1. A licensed food truck is not required to obtain a Sign Permit from the City. However, no
additional signage is permitted beyond that which is affixed to the food truck unless it meets
the following requirements:
(a) One single sandwich board style sign is permitted per food truck;
(b) The maximum sign size is eight square feet;
(c) The sign must be placed on the ground and be within 10 feet of the food truck;
(d) The sign must not be placed in a manner that obstructs passage upon any sidewalk;
(e) The sign must not be placed within the improved travel surface of the public right-of-
way.
35707.08 Ice Cream Truck License Required
1. All operators of ice cream trucks must obtain a license to operate within the City.
2. No license issued under this Chapter may be transferred to any other person.
3. A license issued under this Chapter becomes effective from the date on which the license
is issued through April 30.
4. A valid license must be openly displayed at all times when the ice cream truck is within the
City.
35707.09 Ice Cream Truck License Application
1. No person may operate an ice cream truck within the City without a valid license from the
City, which includes the following requirements:
(a) The full legal name of the owner of the ice cream truck;
(b) The full legal name of the operator of the ice cream truck, other commonly known
names the operator may use, the operatorÔs date of birth, and a copy of their driverÔs
license;
(c) A description of the types of confections to be sold out of the ice cream truck;
(d) A description and valid license plate number for any vehicle associated with the license;
(e) A completed Background Investigation Consent Form;
(f) A Certificate of Insurance proving commercial general liability coverage of not less than
$1 million for each occurrence, or $2 million annual aggregate is required;
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(g) Proof of workersÔ compensation insurance, or evidence of exemption, is required;
(h) A copy of the applicantÔs State sales tax identification number, with a complete State
SP:C1 Form;
35707.10 Ice Cream Truck Routes and Hours of Operation
1. Operations may be carried on only between the hours of 10:00 a.m. and 8:00 p.m.
2. The proposed area in which the licensed vehicle will travel each day while within the City.
3. The licensee must only operate on streets as approved by the City Manager or their a
designee. Changes to a proposed area or route must be submitted to, and approved by, the
City Manager or their a designee at least 10 days in advance of making any change.
4. At no time, may the licensee operate the ice cream truck outside of the area or route
approved by the City Manager or their a designee. This section does not apply to emergency
situations or travel to and from the approved route.
35707.11 Ice Cream Truck Operations
1. When engaged in any vending operations, the ice cream truck must be parked as close to
the street curb as practical. All vending must be done only at the curb side of the ice cream
truck.
2. Ice cream trucks must not be parked in a manner that encourages unsafe pedestrian
behavior, including but not limited to, encouraging the unsafe crossing of busy thoroughfares.
3. Ice cream trucks must be stopped or parked so as to not obstruct or cause a hazard to traffic
or create danger of injury to customers or the general public.
4. All ice cream trucks must be equipped with flashing lights on both the front and rear of the
vehicle, which must be clearly visible to oncoming traffic in full daylight.
5. No ice cream truck may be moved backward if:
(a) There is a substantial number of people congregated near the ice cream truck.
(b) The ice cream truck operator has reason to believe there are minors or persons with
disabilities near the truck.
(c) Movement in such direction threatens injury to any person in or near the ice cream
truck.
6. Ice cream trucks must carry signaling or warning devices that enable the attendant to give
adequate warnings to pedestrians or other vehicles on the street.
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7. Except as permitted by this Chapter, while transiting within their designated area or route,
no ice cream truck may operate any device that produces any noise or sound for the purpose
of attracting persons to the ice cream truck.
8. Ice cream trucks may sound a manually operated bell in the areas of and the hours
established in this Chapter, which produces a noise level measured at 50 feet from the source,
no greater than 65 decibels, as defined in the Noise Chapter of the Fridley City Code (Code).
9. Ice cream trucks may not operate within one block of any school zone in the City.
35707.12 Suspension, Revocation, or Grounds for Denial
1. Any license issued under this Chapter may be suspended, revoked, or denied renewal by
the City Manager or their a designee. Grounds include:
(a) Subsequent knowledge by the City of fraud, misrepresentation, or incorrect statements
provided by an applicant on the application form;
(b) Fraud, misrepresentation, or false statements made by the applicant in the application
process;
(c) Engaging in any prohibited activity as provided under of this Chapter; or
(d) Violation of any other provision of this Chapter or Code, or any provision of State law.
2. The suspension or revocation of a license will apply to the owner of the mobile food unit,
the operator of the mobile food unit (if different) and any other person authorized to work in
the mobile food unit.
3. Prior to suspending or revoking any license issued under this Chapter, the City will provide
the licensee with written notice of the alleged violations and inform them of their right to a
hearing on the alleged violation. Notice will be delivered in person or by mail to the permanent
residential address listed on the license application, or if no residential address is listed, to the
business address provided on the license application.
4. Any person contesting a license suspension or revocation or other decision by the City
associated with violations of this Chapter may file an appeal pursuant to the Appeals and
Administrative Citations Chapter of the Code.
5. Within 14 business days of a determination by the Hearing Examiner, any person contesting
that decision may appeal to the Council by submitting a written appeal to the City Clerk. At its
next regular meeting following the Hearing Examiner's decision, the Council will affirm, repeal,
or modify that decision.
6. If, in the discretion of the City Manager or their a designee, imminent harm to the health or
safety of the public may occur because of the actions of any mobile food unit operations
licensed under this Chapter, the City Manager or their a designee, may immediately suspend
the license by notifying the licensee in writing.
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35707.13 Fees
The fees for this Chapter are set in the Fees Chapter of the Code.
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Section 10
Amending Fridley City Code Chapter 21 (Christmas Trees).
Fridley City Code
Chapter 21.708 Christmas TreesCut Tree Lots
708.01 Purpose
This Chapter protects the health, safety and welfare of citizens by requiring establishments
engaged in retailing combustible cut trees to obtain a City license.
21.01. 708.02 License Required
No person, firm or corporation shall within the City of Fridley trade, barter or sell any cut
evergreen, fir, spruce or other tree of like kind for what is generally known and described as a
Christmas tree, without first having obtained a license so to do.
21.02. 708.03 Application
Every applicant for such license shall must file an application with the City Clerk, stating their
name, address, and the address of the place of intended sale of such trees, and the name of the
owner of said property, together with the name of the person from whom and the place from
which the applicant intends to cut or secure the trees intended to be sold who will be supplying
the trees.
21.03.708.04 FeeFees and deposit for cleaning
The annual license fee and expiration date shall be as provided in Chapter 11 of this Code.
1. Fees for this license are set in the Fees Chapter of the Code.
2. In addition to the license fee, the applicant must pay a deposit for cleaning to insure that the
place of sale will be cleaned and cleared by January 5 of the year following. It shall be the duty of
the Fire Marshal to determine whether or not the place of sale is properly cleaned and cleared. If
the place of sale is properly cleaned and cleared by the above date, the money deposited will be
returned to the applicant. If the place of sale is not properly cleaned and cleared, as determined
by inspection, the deposit will be forfeited to the City as a penalty and used to defray the expenses
of the City in cleaning and clearing of said area.
21.04. 708.05 Restrictions of sale
1. No Christmas tree lot shall . be located in any non-institutional district property zoned for
residential occupancies. No Christmas tree lot shall be located less than twenty (20) feet from any
adjoining building or structure.
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1. No cut tree sales may occur in residential districts, unless it is a legal institutional use authorized
by the zoning chapters of the Code. Unless sales are taking place inside a building or structure,
the sale lot must be located less than 20 feet from any adjoining building or structure.
2. Each lot shall must be laid out in such a manner as to provide aisles between the rows of
tress that are not less than ten (10) feet wide and may not obstruct any forms of egress.
3. Trees not treated with fire retardant materials shall not be stored inside of or offered for
sale inside of any heated building. No trees shall be stored inside or offered for sale in any
building which is used in whole or in part for residential purposes.
21.05. Deposit for cleaning
In addition to the license fee at the time of filing, the applicant shall deposit the sum of One
Hundred and no hundredths Dollars ($100.00) with the City Clerk to insure that the place of sale
will be cleaned and cleared of Christmas trees, wreaths and trimmings by January 5th of the year
following the year in which the license is issued. It shall be the duty of the City Fire Prevention
Officer to determine whether or not the place of sale is properly cleaned and cleared. If the place
of sale is properly cleaned and cleared by the above date, the money deposited shall be returned
to the applicant. If the place of sale is not properly cleaned and cleared, the deposit shall be
forfeited to the City as a penalty and used to defray the expenses of the City in cleaning and
clearing said area.
21.06. 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 of this Code.
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Section 11
Amending Fridley City Code Chapter 13 (Gasoline Sales).
Fridley City Code
Chapter 13.709 Gasoline SalesAutomotive Fuel Stations
709.01 Purpose
The purpose of this Chapter is to establish specific operational standards for automotive fuel
stations and fuel sales in the City of Fridley (City).
13.01.709.02 Definitions
The following definitions shall apply in the interpretation and application of this Chapter and the
following words and terms, wherever they occur in this Chapter, are defined as follows:
1. Premium gasoline. When not otherwise determined by federal or state authority, shall mean
any gasoline having not less than a research octane value of 97.0 as determined by test procedure
D90856 of the American Society for Testing Materials. (Ref. 111).
2. Regular gasoline. Any gasoline having not less than a research octane of 88.0 as determined by
test procedure D98056 of the American Society for Testing Materials.
3. Advertise. The offering for sale or selling to the general public, by advertisement, whether oral,
written, printed or visual, or in any manner whatsoever of gasoline as herein defined.
Automotive fuel station: any property or any portion of property on which container(s) or tank(s),
either portable or stationary, equipment, wells or terminals, or fuel dispensing devices are located
and fuel is, or intended to be, transported, stored or dispensed on the property. A ny facility that
is either open to the public for sale of fuel or for private operations of or use in connection with
any commercial, industrial, business, or governmental establishment, or for both. The provisions
of this chapter shall not apply to any place where such flammable liquids are kept or sold for
medicinal purposes only or for personal residential use with containers of not more than five
gallons capacity.
Fuel: any flammable or combustible liquid(s), including but not limited to carbon bisulphide,
gasoline, acetone, naphtha,benzole, hydrocarbon (gas drips), liquefied petroleum gas (propane),
kerosene, turpentine, or other flammable liquids having a flash point below 165° F.
Fuel dispensing station: the designated area where hoses and nozzles are provided for the
purpose of transferring and dispensing any fuel from a container or tank or similar vessel to any
motorized vehicle or portable container.
Fuel dispensing device: any container, pump or other device for supplying any fuel to vehicles or
container; and every hose or pipe for transmitting fuel passing over or under the ground.
13.02. Advertising of gasoline
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No person shall advertise for sale to the public, or sell to the public, any gasoline as premium or
high grade or high test or described by any similar term intended to convey the impression that
such gasoline is premium quality or use the term ethyl in any gasoline advertisement in such a
manner as to indicate that the gasoline is of premium quality unless such gasoline has the octane
value set forth above for premium gasoline.
13.03. Sales as advertised
No person shall advertise for sale to the public, or sell to the public, gasoline as regular or high
test regular or high octane or high grade regular or under any other similar name unless such
gasoline shall conform to the standards set forth in Section 13.01.
13.04. Misrepresentation
Each sale and each misrepresentation as to octane specification as herein defined shall constitute
a separate offense.
13.05.709.03 License required, fee
1. No gasoline pump shall automotive fuel station or fuel dispensing device may be erected,
placed, kept or maintained in any location whatsoever within the City of Fridley unless it meets
all applicable requirements of any zoning and or fire code prevention requirements of the
Code and the owner or proprietor has obtained a license.
The annual license fee and expiration date shall be as provided in Chapter 11 of this Code.
2. Each automotive fuel station must be maintained in accordance with the provisions of the
Code and the Minnesota State Fire Code. Each automotive fuel station will be subject to one
inspection per year by the Fire Marshal or a designee.
3. A license issued pursuant to this Chapter may be suspended or revoked for any violation of
the Code or the Minnesota State Fire Code.
709.04 Minimum Standards of Operation
To maintain the license to operate issued by the City, the operator must comply with the following
minimum standards of operation:
1. Zoning. Automobile fuel stations are allowed pursuant to the zoning chapters of the Code.
The standards and requirements for automotive fuel stations are in addition to those which
are imposed for other uses and activities occurring on the property.
2. Litter. The licensee is responsible for litter control on the subject property, which is to occur
on a daily basis. Waste receptacles must be provided at a convenient location on site to
facilitate litter control.
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3. Noise. The licensee is responsible for noise control on the subject property pursuant to the
Noise Chapter of the Code. A public address system may not be audible past the subject
property line.
4. Exterior Lighting. Sources of exterior illumination must be in compliance with the Lighting
Chapter of the Code.
13.06.709.05 Public nuisance
Whenever the Council shall find that a gasoline pump has previously been erected, placed, kept
or maintained in any location, and that such erection, placement, keeping or maintaining has
caused, or tends to cause a public nuisance, whether the same be by reason of danger of fire,
traffic safety-wise, unsanitary conditions on the premises, or other factors injurious to public
health, safety and the general welfare, that then the Council may withhold the granting of a further
license or permit required therefore, with respect to any premises upon which the same are
located until such nuisance or threatened nuisance be corrected or abated, as the case may be,
or the Council may issue the same upon condition that any such nuisance be corrected and abated
and cease to exist within such a reasonable period of time as the Council shall state.
If an automotive fuel station or a fuel dispensing device is found to create a public nuisance, the
City may delay or add conditions to the required license. A public nuisance could include fire
hazards, traffic safety problems, unsanitary conditions, or anything else that could harm public
health, safety and welfare. The City will withhold licenses until the nuisance are repaired and have
been inspected.
13.07. 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 of this Code.
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Section 12
Amending Fridley City Code Chapter 24 (Junk Yards).
Fridley City Code
Chapter 24. 710 Junk YardsVehicle Salvage Facilities
710.01 Purpose
Vehicle salvage yards process materials and debris contaminated by petroleum and chemical
products, generate waste tires, batteries and other materials requiring special disposal methods,
and store accumulations of materials and debris with the potential of contamination of soil,
groundwater and surface waters. It is in the best interests of the public's health, safety and welfare
to regulate their operations for the protection of the environment, to preserve the public's health,
and guard against the danger of fire in the City of Fridley (City).
710.02 Definitions
Junk: includes, but not be limited to old or scrap copper, brass, rope, rags, batteries, paper,
synthetic or organic, trash, tires, rubber debris, solid or liquid waste, junk vehicles, dismantled
vehicles, parts from vehicles, machinery, machinery parts, iron, steel and other old or scrap ferrous
or nonferrous material.
Junk Vehicle: A vehicle that meets all of the following criteria:
1. Is extensively damaged with the damage including such things as broken or missing wheels,
motor, drive train, transmission or appears to be otherwise inoperable; and
2. Does not have a valid and current registration plate.
Vehicle Salvage Facility: any person engaged in the business of obtaining used motor vehicles to
salvage and sell usable parts and who maintains a premises upon which to accumulate and
dismantle such vehicles. Any person engaged in a business that allows more than one vehicle to
be dismantled in whole or in part on his property for more than thirty days is a Vehicle Salvage
Facility, unless licensed as a repair garage under Chapter XXX. property that stores or keeps two
or more junk vehicles or ten or more pieces of junk.
24.01. 710.03 License Required
1. No person shall may own, operate, or maintain any junk yard Vehicle Salvage Facility in the City
of Fridley without obtaining a license therefore pursuant to the provisions of this codeChapter.
24.02. Application
Application shall be made with the City Clerk on forms furnished by the City. The applicant shall
provide such information as the City Clerk shall require. Applicants who also engage in the
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business of motor vehicle body repair, as defined in Chapter 18, Section 18.02.02, may file a joint
application where the requirements of the applicants in Chapter 18 and Chapter 24 are submitted
and reviewed together. (Ref. 1.000)
2. Approval of such a license is contingent upon inspection by the Public Safety Director, the Fire
Marshall and the Community Development Director or a designee to ensure all City, State, County,
Fire and environmental regulations. After the application has been approved by applicable
departments the license must be forwarded to the Fridley City Council for approval.
3. Conditions. If there are any conditions on the license, those conditions will be included on and
incorporated into the license in writing.
24.03. Fees
The annual license fee and expiration date shall be provided in Chapter 11 of this Code. The fee
schedule for licensees who file a joint application as a Motor Vehicle Body Repair Business are
listed as "Joint Applications" under Chapter 18. (Ref. 1000)
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 any conditions on the license, those conditions shall be included on
and incorporated into the license in writing. (Ref 1324)
24.05. 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 of this Code.
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Section 13
Amending Fridley City Code Chapter 18 (Motor Vehicle Body Repair Businesses).
Fridley City Code
Chapter 18.711 Motor Vehicle Body Repair Businesses
18.01. 711.01 Purpose and intent
It is the purpose of this ordinance to regulate Motor Vehicle Body Repair Businesses, including
body repair to promote the health, safety, and general welfare of the citizens of the City and to
establish reasonable and uniform regulations for operation.
18.02. Definitions
As used in this Chapter, the following terms shall mean:
1. Motor Vehicle.
"Motor vehicle" means every device in, upon, or by which any person or property is or may be
transported or drawn upon a public roadway and which device is self propelled. Motor vehicle
does not include a vehicle moved solely by human power or a vehicle used primarily in connection
with the care or cultivation of lawn and gardens, or which is used primarily for recreational
purposes off of public roadways; by way of example, this exclusion includes lawn and garden
tractors, riding lawn mowers, snowmobiles, and all terrain vehicles. Motor vehicle does include, by
way of example and not limitation, new or used automobiles, trucks, motorcycles, motor scooters,
and motorized bicycles. In addition to the above, motor vehicle includes any new or used
automobiles, truck, motorcycle, motor scooter, or motorized bicycle used in connection with
racing or other public contest.
2. Motor Vehicle Body Repair Business.
A. Motor Vehicle Body Repair Business shall include any facility, place, service, or
business, including mobile businesses, where the exterior body components or vehicle
frame components of a motor vehicle are repaired, replaced, straightened, aligned,
sanded, primed, or painted for money, fee, or other consideration.
B. A mobile Motor Vehicle Body Repair Business shall include any business which
utilizes a vehicle which goes from place to place for the purpose of making motor vehicle
body repairs.
C. A Motor Vehicle Body Repair Business shall exclude those businesses which do not
engage in the activities described in 18.02.2.A. or B. but which engage in the following
activities:
(1) Facilities, places, or businesses where mechanical work only is performed
on motor vehicle engines, engine components and accessories, air conditioning,
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repair or replacement of window glass, brakes, transmissions, vehicle suspensions,
exhaust systems, tire repair and replacement, electrical systems including lights, or
repair or replacement of other moving parts of motor vehicles.
(2) Motor vehicle refueling activities or facilities which change, add to, or
replace motor vehicle fluids.
(3) Businesses which tow motor vehicles.
3. Exterior Body Components.
Exterior body components are the metal, fiberglass, plastic, or other material comprising the
exterior of a motor vehicle including, without limitation but by way of example, fenders, hood,
quarter panel, roof, trunk lid, bumpers, grills, and doors. This excludes window glass and lights.
4. Person.
A natural person, firm, partnership, association, corporation, company, or organization of any kind.
5. Public Safety Director.
The Public Safety Director of the City of Fridley or the Director's designee.
6. City.
The City of Fridley, Minnesota, a municipal corporation.
7. Licensee.
The person to whom a license is issued under this Chapter including those persons who have
completed or are required to complete applications as an individual applicant, whether or not said
individual applicant information has been properly completed.
711.02 Definitions
Exterior body components: the metal, fiberglass, plastic, or other material comprising the exterior
of a motor vehicle including, without limitation but by way of example, fenders, hood, quarter
panel, roof, trunk lid, bumpers, grills, and doors. This excludes window glass and lights.
Licensee: the person to whom a license is issued under this Chapter including those persons who
have completed or are required to complete applications as an individual applicant, whether or
not said individual applicant information has been properly completed.
Vehicle: every device in, upon, or by which any person or property is or may be transported or
drawn upon a public roadway and which device is self-propelled. Vehicle does not include a
vehicle moved solely by human power or a vehicle used primarily in connection with the care or
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cultivation of lawn and gardens, or which is used primarily for recreational purposes off of public
roadways; by way of example, this exclusion includes lawn and garden tractors, riding lawn
mowers, snowmobiles, and all-terrain vehicles. Vehicle does include, by way of example and not
limitation, new or used automobiles, trucks, motorcycles, motor scooters, and motorized bicycles.
Vehicle Repair Business: includes any facility, place, service, or business where minor or major
repair of motor vehicles is conducted. Repair includes but it not limited to servicesactivities that
include mechanical work performed on vehicle engines, engine components and accessories, air
conditioning, brakes, transmission, vehicle suspensions, exhaust systems including lights, or repair
or replacement of moving parts of motor vehicles. Businesses excluded from this definition,
include quick service lubrication facilities that service the vehicle while the owner is on-site, fuel
stations, and businesses that tow motor vehicles.
Vehicle Repair Business: includes any facility, place, service, or business, where the exterior body
components or vehicle frame components of a motor vehicle are repaired, replaced, straightened,
aligned, sanded, primed, or painted.
18.03. MOTOR VEHICLE BODY REPAIR BUSINESS DISTRICTS
Motor Vehicle Body Repair Businesses require a Special Use Permit in C-1, C-2, C-3, and M1
Zoning districts and are a permitted use in M2 Districts
18.04. License required
No person shall exercise, carry on or be engaged in the trade or business of a Motor Vehicle Body
Repair Business without first obtaining a license from the City as provided in this Chapter.
18.05. Initial license application
1. General.
Applications for Motor Vehicle Body Repair Businesses to be issued under this Chapter shall
contain information as required on forms prescribed by the City.
2. Nature of Application.
The application shall state whether the applicant is a natural person, corporation, partnership,
association, or other form of organization.
3. Individual Applicant.
If applicant is an individual applicant and a natural person, corporation, partnership, association,
or other form of organization, the following information shall be furnished:
A. True name, place and date of birth and street residence address, and length of time
at that address, of applicant.
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B. Whether applicant has ever used or been known by a name other than the
applicant's true name and, if so, what was such name or names, and information
concerning dates and places where used.
C. The name of the business if it is to be conducted under a designation, name or
style other than the full individual name of the applicant.
D. Kind, name and location of every business or occupation in which applicant has
been engaged during the previous five (5) years.
E. Name and location of every Motor Vehicle Body Repair Business in which applicant
had an ownership interest or for which applicant has performed services during the
preceding five years. As to each such business, state the names and addresses of
applicant's employers, corporate entities involved, and partners, if any.
F. Whether applicant has ever been convicted of a felony in the past ten years or a
gross misdemeanor in the past five years, excluding traffic violations, and if so, the date
and place of conviction and the nature of the offense. Whether applicant has been
convicted of a misdemeanor involving a Motor Vehicle Body Repair Business including its
licensing, or operation, or any other misdemeanor concerning theft, possession of stolen
property. or consumer fraud in the past five years, and if so, the date and place of
conviction and the nature of the offense.
G. Whether applicant has ever had a business license revoked or denied by the City
or any other governmental entity in connection with the operation of a motor vehicle body
repair facility.
H. The Environmental Protection Agency Identification Number for all activities to be
conducted.
I. Anoka County Hazardous Waste Generator's License Number for activities to be
conducted.
J. Information regarding insurance coverage as required herein.
K. The street address and exact legal description of the location from which the
business to be licensed is to be conducted shall be provided; for a proposed new business
which will not utilize an existing building at the location on which the operation is
proposed, a plot plan shall accompany the license application showing dimensions,
location of buildings, street access, and parking facilities. If a mobile business is to be
licensed, the applicant shall state the location where the calls are to be received, the
location where the mobile vehicle's use in the business are to be parked when not in use,
and shall identify by make, model, and year the vehicles to be used in the business.
4. Partnership.
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In addition to the information required of an individual applicant, if applicant is a partnership, the
names and addresses of all partners who own more than five percent (5%) of the partnership,
singly and all partners who, singly or together with their spouse, parent, brother, sister, or child or
any of them, own or control an interest in the partnership in excess of twenty-five percent (25%),
shall in addition provide all information required of an individual applicant. A managing partner
or partners shall be designated who shall, regardless of the share of their partnership interest,
provide all information required of an individual applicant.
5. Corporation.
If applicant is a corporation or other association, the following information shall be required in
addition to the information required of an individual applicant:
A. Name and, if incorporated, the state of incorporation.
B. A true copy of the certificate of incorporation, articles of incorporation or
association agreement and by-laws and, if a foreign corporation, a certificate of authority
as described in Minnesota Statutes.
C. The name of the operating officer or other agent in charge of the business to be
licensed, and as to such person, the information required by an individual applicant. As
used in this Chapter, the term "operating officer" shall mean the person responsible for
the day-to-day operating decisions of the licensed business.
D. A list of all persons who, singly or together with their spouse, or a parent, brother,
sister, or child or any of them, own or control an interest in said corporation or association
in excess of twenty-five percent (25%); or any shareholder who singly holds an interest of
five percent (5%) or more in the business to be licensed and who is active in the operation
of the business; and the officers of the corporation or association who have management
responsibility or input or control over the management and operation of the business,
together with their addresses and all information as is required of an individual applicant.
E. The information required in 5.D above shall not be required of a corporation who's
stock is publicly traded on a stock exchange or in the over the counter market.
6. Corporation as Partner, Shareholder, or Other Owner.
If a corporation has an ownership interest of twenty-five percent (25%) or greater as a shareholder
in another corporation, as a partner in a partnership, or in an association or other business entity,
all information required herein for a corporation or partnership as an applicant shall be provided
as to the corporation owning the twenty-five percent (25%) or greater ownership interests.
7. Location of Business.
The street address and exact legal description of the location from which the business to be
licensed is to be conducted shall be provided; for a proposed new business which will not utilize
an existing building at the location on which the operation is proposed, a plot plan shall
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accompany the license application showing dimensions, location of buildings, street access, and
parking facilities. If a mobile business is to be licensed, the applicant shall state the location where
the calls are to be received, the location where the mobile vehicle's use in the business are to be
parked when not in use, and shall identify by make, model, and year the vehicles to be used in the
business.
8. Other Information Required.
Such other information as the City Council shall require.
711.03 License Required
1. No person may own, operate, or maintain any Vehicle Repair Business in the City without
obtaining a license pursuant to the provisions of this Chapter.
2. Applications must be made with the City Clerk in the format prescribed by the City.
3. Approval of such a license is contingent upon inspection by the Public Safety Director or a
designee, the Fire Marshall and the Community Development Director or a designee to ensure
compliance with State and local regulations.
4. Location of business. Prior to issuance of a vehicle repair business license the location must
be zoned for such use. The licensee must submit a site plan showing the amount of off-street
parking spaces that are needed for parking customers vehicles. Vehicles parkinged outside of
the building overnight for the business use is limited to the parking area specified in the site
plan. The purpose of administering the parking of vehicles it to prevent congestion,
unsightliness or nuisance to the neighboring property and to the general public.
5. Conditions. If there are any conditions on the license, those conditions will be included on
and incorporated into the license in writing.
6. Licenses are not transferable.
7. The City Clerk will issue the license after the recommendations by City staff, provided that
the application contains all of the information required by this Chapter and any stipulations
made through the zoning process are met.
8. In the event of the sale of the business or the licensee's death, the business shall be allowed
to continue to operate for up to 30 days. The successorÔs application must be submitted within
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 30 days, the business license will expire.
9. The license if granted, must state on its face the name of the person or persons to whom it
is granted, the expiration date, and the address of the Vehicle Repair Business or its
designation as a Mobile Vehicle Repair Business. The license must be posted in a conspicuous
place at or near the entrance to the Vehicle Repair Business so that it may be easily read at
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any time or copies may be available for inspection on each vehicle used in connection with a
Mobile Vehicle Repair Business.
10. Each license will be issued to the applicant only and is not transferable. Each license will
be issued only for the premises described in the application and is not transferable to a
different location. No change in ownership, control or location of a license will be permitted
except by amendment to the license which amendment must be approved by the Council.
11. Every license applicant must provide and maintain in full force and effect public liability
insurance in the amount of $1 million. A copy of the certificate of insurance or binder showing
such coverage must be attached to the initial, renewal or amended application for license.
12. Maintenance of records required. Every Vehicle Repair Business must maintain, on the
premises, original records which include all work orders and invoices for all customers for
whom motor vehicle body repairs have been performed. In addition, every Vehicle Repair
Business must maintain a record of all parts that are purchased including the source, price,
and method of payment. Purchase invoices must be maintained for all parts purchased by the
licensee. These records must be immediately available for inspection and review by
enforcement officials and must be retained on premise for at least two years.
13. Motor vehicle identification numbers. The applicant may not allow any motor vehicle parts
to be installed in which the manufacturerÔs identification numbers have been removed or
altered. ManufacturerÔs identification includes vehicle identification number (VIN), federal
motor vehicle safety certification label and component labels. ManufacturerÔs identification
numbers also include all references in the federal motor vehicle theft law enforcement act of
1984 and the federal motor vehicle theft prevention standard codified as part of the Code of
Federal Regulations.
14. Severely damaged vehicles. Immediately upon arrival at the motor vehicle repair business,
the damaged vehicle must be inspected to ensure that there are no fluids leaking from the
vehicle.
15. Environmental compliance. Waste shall be managed in accordance with the requirements
of the Minnesota Pollution Control Agency and Anoka County. A copy of the current
Hazardous Waste Generator License, Waste Tire Management Procedures, and similar
documentation for the facility must be provided to the City upon request.
16. Inspection. An applicant or licensee shall permit representatives of the City to inspect the
premises of a Motor Vehicle Repair Business, including all vehicles used in said business, for
the purpose of einsuring compliance with the law at any time vehicle repair is occurring or
open for business. If admission is refused, or if an inspection is requested and denied at a time
when the licensee is not open for business, the City and its Departments may apply to the
Court for a warrant to gain admission.
17. Refusal, suspension or revocation. It is unlawful for any applicant or licensee to
intentionally make a false statement or omission upon any application form. Any intentional
false statement in such application or any intentional omission to state any information called
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for on such application form, will upon discovery of such falsehood, be grounds for denial of
a license, or if such license is already issued, will be grounds for revocation. Issuance of a
license will not protect the applicant from prosecution of violation for this section. Any
applicant who gives or furnishes an intentional false statement or intentional omission is also
subject to the penalties provisions of the Code.
18. The City Council may suspend or revoke a license issued under this Chapter if the licensee
fails to comply with all laws and regulations applicable to the operation of business including
all zoning laws and environmental laws and regulations, or in the event of a criminal conviction
involving the Vehicle Repair Business, by the licensee, the operating officer of the licensee, or
any owner of the licensee.
19. The City Council may suspend or revoke a license issued under this Chapter upon a finding
of a violation of any of the provisions of this Chapter or any other City Code Chapter, any State
Statute regulating Vehicle Repair Businesses. Any criminal conviction by a court of law
involving the licensed businesses for theft, receiving stolen property, or any other crime or
violation involving stolen property will result in the immediate suspension pending a hearing
on revocation of any license issued hereunder.
20. The Council may revoke a license if the land use approval for the business premises to
allow the Vehicle Repair Business has been revoked or has lapsed.
21. The Council may revoke or suspend the license if the licensee, any operating officer of the
licensee, or any person required to submit information as if an individual applicant, is
convicted of knowingly possessing or using stolen vehicles or vehicle parts.
22. The Council may revoke or suspend the license of a licensee who has not complied with
the requirements of this chapter.
23. Except in the case of a suspension following a criminal conviction pending a hearing on
revocation, a revocation or suspension of a license by the Council must be preceded by a
public hearing. The hearing notice must be given at least 10 days prior to the hearing,
including notice of the time and place of the hearing, must state the nature of the charges
against the licensee, and must be mailed to the licensee by certified mail at the business
address stated in the license.
711.04 Fees
The fees for this Chapter are set in the Fees Chapter of the Code.
18.06. Renewal applications
1. License Period, Expiration.
Each initial license and each renewal license shall be issued for a period of one year. The fee for a
renewal license shall be provided by Chapter 11 of the City Code. Where changes occur in
connection with a renewal of a license, or in connection with a proposed transfer or other
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amendment of a license, as to those changes, the provisions of this Chapter as to information
required in an initial application shall be provided as to all changes.
18.07. Execution of application
If the application is by an individual person, it shall be signed and sworn to by such person; if by
a corporation, by the operating officer thereof; if by a partnership, by one of the general partners;
if by an association, by the operating officer or managing officer thereof. If the applicant is a
partnership or association, the application and license shall be made and issued in the name of
the partnership or association. Any intentional false statement in the application shall result in the
denial of the application. Any negligent false statement or any inadvertent omission shall result in
denial of the license until the error or deficiency is corrected.
18.08. Granting licenses
1. At the time of making an initial or renewal application, the applicant shall, in writing,
authorize the Police Department of the City to investigate all facts set out in the application and
do a personal background and criminal record check on the applicant, including all persons
required to provide information as if they were individual applicants. The applicant and all persons
disclosing as of individual applicant shall further authorize the Police Department to release
information received from such investigation to the City Council to the extent that it reveals a
felony conviction in the past ten (10) years, other criminal activity in the past five (5) years, or other
activity in the past five (5) years would and could affect the fitness of the applicant to be licensed
to conduct a Motor Vehicle Body Repair Business.
2. Each license shall be issued to the applicant only and shall not be transferable.
3. Each license shall be issued only for the premises described in the application or mobile
business described, and shall not be transferable except with the consent of the City Council.
4. No change in the controlling ownership or location of a license shall be permitted except
by amendment to the license approved by the City Council.
18.09. License fees established
1. Annual Fees, Renewal Fees, and Amendment Fees. The annual license fee, the renewal fee,
and all amendment fees for licenses required by this article shall be in the amounts as specified
in Chapter 11, General Provisions and Fees, of the Fridley City Code.
2. Investigation Fees.
At the time of each original application for a license, or upon an application for a transfer, renewal,
or amendment to a license, if the application reveals a prior business license denied or revocation,
or a criminal conviction for which disclosure is required, the applicant shall pay, in full, an
investigation fee, whether or not a license is granted. The investigation fee shall be as specified in
Chapter 11, Provisions and Fees, of the Fridley City Code. In addition, if the City of Fridley conducts
an investigation which reveals a false statement or non-disclosure in the application, the applicant
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shall pay to the City of Fridley the investigation fee whether or not a license is granted; provided,
however, that if the investigation reveals an intentional false statement or deliberate
non-disclosure in an application, the applicant shall pay an amount equal to twice the
investigation fee to the City.
18.10. Payment of fees
1. Initial Fees.
The annual license and investigation fees, where applicable, for a new license shall be paid in full
before the application for the license is accepted. Upon rejection of any application for a license
or upon withdrawal of an application before approval of the issuance by the Council, no refund
shall occur. If any investigation outside the State of Minnesota is required, if the applicant is
required to pay an investigation fee, the applicant shall be charged the cost in excess of the initial
investigation fee for such out of State investigation, prior to the issuance of a license, whether or
not the license is granted.
2. Renewal Fees.
The annual license fee for renewal, the transfer fee, and the amendment fee for a license shall be
paid in full at the time the renewal, transfer, or amendment application is filed with the City.
18.11. Investigation and recommendations of Public Safety Director
1. The Public Safety Director shall recommend approval of the issuance of a license by the
City to an applicant within twenty- one (21) days after receipt of an application by the City, unless
the Director finds one or more of the following to be true:
A. An applicant is under 18 years of age.
B. An applicant, or any person providing information as if an individual 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.
C. An applicant, or a person providing information as if an individual applicant, has
been convicted of any crime related to the occupation to be licensed, and has not shown
competent evidence of sufficient rehabilitation and present fitness to perform the duties
of a Motor Vehicle Body Repair Business.
D. An applicant, or a person providing information as if an individual applicant, has
been denied a license to operate a Motor Vehicle Body Repair Business within the
preceding twenty-four (24) months by the City or any other governmental entity, or whose
license to operate a Motor Vehicle Body Repair Business has been revoked within the
preceding twenty-four (24) months by the City or other governmental agency, and in the
case of either a denial or revocation, has not shown competent evidence of sufficient
rehabilitation and present fitness to perform duties of a Motor Vehicle Body Repair
Business.
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E.
The location to be used for the Motor Vehicle Body Repair Business is not properly
zoned, does not meet all Fire Code laws and regulations, or otherwise is not a proper
location for the operation of a Motor Vehicle Body Repair business. If a mobile license is
sought, the applicant has not met the requirements of this ordinance or has not
demonstrated the ability to comply with all laws and regulations including environmental
laws in connection with the operation of the business. Upon the correction of said
deficiencies in the location, an application otherwise in accordance with this Chapter shall
be processed.
F. The fees required by this chapter have not been paid.
G. The applicant is not the real party in interest or beneficial owner of the business
operated, or to be operated, under the license, or the interests of all persons whose
disclosure is required have not been revealed.
H. Other grounds exist on which license should be denied.
18.12. Issuance of license conditions
1. The city clerk shall act to issue the license 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. 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 city clerk acts on a new license
application from the successor. The successorÔs application shall be submitted within 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. (Ref 1324)
2. The license if granted, shall state on its face the name of the person or persons to whom
it is granted, the expiration date, and the address of the Motor Vehicle Body Repair Business or
its designation as a Mobile Motor Vehicle Body Repair Business. The license shall be posted in a
conspicuous place at or near the entrance to the Motor Vehicle Body Repair Business so that it
may be easily read at any time or copies shall be available for inspection on each vehicle used in
connection with a Mobile Motor Vehicle Body Repair Business,
3. Licenses issued to an applicant shall be valid as long as there is no change in the operating
officer or controlling ownership of the applicant, provided an application is made to the City for
an amendment to the application within thirty (30) days after said change occurs, and said change
is ultimately approved by the City Council. Failure to timely report any such change in the
operating officers, or controlling ownership interest in the applicant shall be grounds for
revocation of the license. The City Council shall review and approve said license amendment if the
application with the proposed amendments meets the qualifications of an original license
application.
18.13. Inspection
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1. An applicant or licensee shall permit representatives of the City to inspect the premises of
a Motor Vehicle Body Repair Business, including all vehicles used in said business, for the purpose
of insuring compliance with the law at any time vehicle repair is occurring or open for business. If
admission is refused, or if an inspection is requested and denied at a time when the licensee is
not open for business, the City and its Departments may apply to the Court for a warrant to gain
admission.
18.14. Refusal, suspension or revocation
1. It is unlawful for any applicant or licensee to intentionally make a false statement or
omission upon any application form. Any intentional false statement in such application or any
intentional omission to state any information called for on such application form, shall upon
discovery of such falsehood, be grounds for denial of a license, or if such license is already issued,
shall be grounds for revocation. Issuance of a license shall not protect the applicant from
prosecution of violation for this section. Any applicant who gives or furnishes an intentional false
statement or intentional omission is also subject to the penalties provision of this chapter.
2. The City Council may suspend or revoke a license issued under this Chapter if the licensee
fails to comply with all laws and regulations applicable to the operation of business including all
zoning laws and environmental laws and regulations, or in the event of a criminal conviction
involving the Motor Vehicle Body Repair Business, by the licensee, the operating officer of the
licensee, or any owner of the licensee.
3. The City Council may suspend or revoke a license issued under this Chapter upon a finding
of a violation of any of the provisions of this Chapter or any State Statute regulating Motor Vehicle
Body Repair Businesses. Any criminal conviction by a court of law involving the licensed businesses
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.
4. The City Council may revoke a license if the Special Use Permit has been revoked.
5. The City Council may revoke or suspend the license if the licensee, any operating officer
of the licensee, or any person required to submit information as if an individual applicant, is
convicted of knowingly possessing or using stolen motor vehicles or motor vehicle parts.
6. The City Council may revoke or suspend the license of a licensee who has not complied
with the requirements of this chapter.
7. Except in the case of a suspension following a criminal conviction pending a hearing on
revocation, a revocation or suspension of a license by the City Council shall be preceded by a
public hearing. The hearing notice shall be given at least ten (10) days prior to the hearing,
including notice of the time and place of the hearing, shall state the nature of the charges against
the licensee, and shall be mailed to the licensee by certified mail at the business address stated in
the license.
18.15. Insurance required
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Every license applicant shall provide and maintain in full force and effect public liability insurance
to indemnify any person against loss or injury in the sum of one hundred thousand dollars
($100,000.00) for injury or death to one person and three hundred thousand dollars ($300,000.00)
for each accident or occurrence, and ten thousand dollars ($10,000.00) property damage, for
injuries occurring at the location to be licensed or in connection with the operation of the business
to be licensed. A copy of the, certificate of insurance or binder showing such coverage shall be
attached to the initial renewal, or amended application license.
18.16. Maintenance of records required
Every Motor Vehicle Body Repair Business shall maintain, on the premises, original records which
shall include all work orders and invoices for all customers for whom motor vehicle body repairs
have been performed. In addition, every Motor Vehicle Body Repair Business shall maintain a
record of all parts that are purchased including the source, price, and method of payment, which
shall include all cancelled checks issued in payment for parts. Purchase invoices shall be
maintained for all parts purchased by the licensee. These records shall be immediately available
for inspection and copying by enforcement officials and shall be retained on premise for at least
two (2) years. As used in this section, the term "invoice" shall contain that information required in
Minnesota Statutes Chapter 325F.56 to 325F.65.
18.17 Severely damaged vehicles
Immediately upon arrival at the motor vehicle repair business, the damaged vehicle shall be
inspected to insure that there are no fluids leaking from the vehicle.
18.18. SEVERABILITY.
Every section, provision, or part of this Chapter is declared separable from every other section,
provision, or part to the extent that if any section, provision, or part of this Chapter shall be held
invalid, such holding shall, not invalidate any other section, provision, or part thereof.
18.19. Motor vehicle indemnification numbers
The applicant shall not allow any motor vehicle parts to be on the in which manufacturers
identification numbers have been removed or altered. Manufacturers identification include vehicle
identification number (VIN); federal motor vehicle safety certification label; and component labels.
Manufacturers identification numbers also include all references in the federal motor vehicle theft
law enforcement act of 1984 and the federal motor vehicle theft prevention standard codified as
part of. the code of federal regulations.
18.20 PENALTIES.
Whoever does any act forbidden by this Chapter or omits or fails to do any act required by this
Chapter shall be guilty of a misdemeanor and is subject to all penalties provided for such
violations under the provisions of Chapter 901 of the Fridley City Code.
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18.21. Joint applications as used motor vehicle dealers, junkyards, or both
Applicants who engage in the business of used motor vehicle sales, as defined in Chapter 19, or
who are also considered junkyards, as defined in Chapter 24, may file a joint application where
the requirements of Chapter 18 and the other respective chapters are submitted and reviewed
together. In some instances, all three chapter requirements may apply to a license. The
appropriate forms may be obtained from the City Clerk.
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Section 14
Amending Fridley City Code Chapter 19 (Used Motor Vehicles).
Fridley City Code
Chapter 19. 712 Used Motor Vehicles Used Vehicle Sales Lots
712.01 Purpose
The purpose of this Chapter is to establish specific operational standards for used motor vehicles
sales in the City of Fridley (City).
19.01712.02 Definitions
The following definitions shall apply in the interpretation and application of this Chapter and the
following words and terms wherever they occur in this Chapter are defined as follows:
1. Dealer in Used Motor Vehicles: Any person engaged in the business of selling, exchanging or
otherwise disposing of, displaying, advertising or offering for sale, used or secondhand motor
vehicles as a principal business or occupation, or as an adjunct or incident to any other business
or profession.
2. Motor Vehicle: Any new or used automobile, truck, motorcycle or other similar vehicle propelled
by a motor.
Vehicle: every device in, upon, or by which any person or property is or may be transported or
drawn upon a public roadway and which device is self-propelled. Vehicle does not include a
vehicle moved solely by human power or a vehicle used primarily in connection with the care or
cultivation of lawn and gardens, or which is used primarily for recreational purposes off of public
roadways; by way of example, this exclusion includes lawn and garden tractors, riding lawn
mowers, snowmobiles, and all-terrain vehicles. Vehicle does include, by way of example and not
limitation, new or used automobiles, trucks, motorcycles, motor scooters, and motorized
bicycles.
19.02.712.03 License Required
1. No person shall may engage in business as a dealer in used motor vehicles in the City
without first obtaining a license as provided hereinin this Chapter.
19.03. Application
2. Applications must be made with the City Clerk in the format prescribed by the City.
The application for a license shall be made in writing, signed and verified by the applicant on
forms provided by the City.
3. The application shall must state include the name, age and residence of the applicant; if a
partnership, the names of all partners, and shall be verified by one of them; and if a corporation
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or company, the names of all the officers thereof and certified by an authorized officer; and if
additional licenses are applied for, for more than one place of business, the addresses of such
additional places of business shall also be stated. The application shall must state the business
and residence addresses of the applicant for a period of five (5) years prior to the date thereof,
whether the applicant is the sole owner of the business to be conducted, and shall must state
that no other persons than those named in the application have any interest in the
management and control of such business.
4. Separate Licenses. Each licensee must have an established place of business and each license
shall authorize business at only the designated premises. If a licensee has more than one place
of business, a separate license is required for each location.
5. Licenses are not transferable.
19.04. Fee
The annual license fee and expiration date shall be as provided in Chapter 11 of this Code. The
fee schedule for licensees who file a joint application as a Motor Vehicle Body Repair Business are
listed as "Joint Applications" under Chapter 18. (Ref. 999)
712.04 Fees
The fees for this Chapter are set in the Fees Chapter of the Code.
19.05. Separate Licenses
Each licensee shall have an established place of business and each license shall authorize business
at only the designated premises. If a licensee has more than one place of business, a separate
license is required for each location.
.
19.06. Transfer
Licenses issued under this Chapter may not be transferred from person to person, but may be
transferred from place to place with the consent of the City Council.
19.07. Joint License Application as a Motor Vehicle Body Repair Business
Applicants who also engage in the business of motor vehicle body repair, as is defined in Chapter
18, Section 18.02.02, may file a joint application where the requirements of Chapter 18 and
Chapter 19 are submitted and reviewed together shall be made with the City Clerk on forms
furnished by the City. (Ref. 999)
19.08.712.05 Sales Slip
Each licensee shall must at the time of any sale give to the purchaser of a motor vehicle a plainly
written statement signed by the licensee, their salesperson or agent, showing the licensee's name
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and address; the name of the person making the sale; the date of the sale; the license number, if
available; the serial number of such motor vehicle; the purchase price, whether in cash or on terms;
and if on terms, the total time price, including insurance, if any; and if such price includes the cost
of insurance, the type and coverage afforded by such insurance, together with the cost of each
item of insurance. No sale shall will be deemed to have been completed until the foregoing
statement in writing shall has have been delivered to the purchaser.
19.09. 712.06 Registration
The registration or title card or bill of sale for any motor vehicle sold shall must be forwarded by
the dealer to the Secretary of the State of Minnesota not no later than five (5) days after the date
of the sale. No dealer shall may receive and refuse to return to the owner any registration or title
card for the purpose of compelling the owner of such card to purchase a motor vehicle from the
dealer unless such dealer is ready, willing and able to comply with the terms of the contract or
agreement for sale of the motor vehicle.
19.10.712.07 Advertising
No dealer, or salesperson or employee of such dealer, shall may advertise any motor vehicle as
being sold by the owner thereof at the owner's home or residence, if such motor vehicle is actually
owned or consigned to by the licensee and sold as part of his or her business. No licensee shall
may use any advertising which is not accurate in all its material particulars, or which misrepresents
merchandise, including its use, grade, quality, origin, preparation, credit terms, values, policies, or
services; and no licensees shall may use advertising or selling methods which tend to or actually
deceive or mislead the public.
19.11.712.08 Mortgages or Liens
If any licensee shall knowingly sell sells a motor vehicle which is subject to a mortgage, lien or
payment, the licensee shall must furnish in writing to the purchaser definitivelydefinitely stating
the amount of such mortgage, lien or payments, and the name and address of the holder or owner
of such a mortgage, lien or other indebtedness.
19.12.712.09 Sales on Credit
Each licensee who sells a used motor vehicle directly or indirectly on credit shall must disclose to
the person purchasing such motor vehicle all charges payable directly or indirectly by the person
to whom the credit is extended including:
1. Interest, time price differential, and any amount payable under a system of additional
charges.
2. Service charges.
3. Loan fee, finderÔs fee, commission, rebate or similar charges.
4. Identification or credit report fees.
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5. Premiums or other charges for life, accident, health or other insurance, including
commissions or rebates.
19.13.712.10 Storage
No licensee shall may use any public street in the City for storage of motor vehicles.
19.14.712.11 Blank Contracts
No licensee shall may obtain the signature of a purchaser to any blank contract, bill of sale, or
other writing or memorandum relating to the sale of motor vehicles.
19.15.712.12 Certification
1. No licensee or agent of such licensee shall may sell a used motor vehicle intended for use
upon the public highways without first certifying in writing that said used motor vehicle
complies with the requirements of Minnesota Statutes, ChapterSection 169, and that it is in
condition and repair to render, under normal use, satisfactory and adequate service upon the
highway at the time of delivery.
2. The failure of the licensee or the licensee's agent to deliver to the purchaser the certification
required by this Chapter and the delivery of such certification knowing the same to be false
or misleading shall and constitute constitutes a violation of this SectionChapter.
19.16. 712.13 Speedometer Odometer Tampering
No licensee or agent of such licensee shall may fraudulently change, set back, or disconnect, or
fail to connect or cause the failure to connect any odometerspeedometer of any used motor
vehicle for the purpose of effecting the sale of such used motor vehicle. Provided, however, it shall
is not be unlawful for a licensee or a licensee's agent to offer a used motor vehicle for sale with
the odometerspeedometer regarding thereon turned back to zero.
19.17.712.14 Previous Owner
It shall be unlawful for any licensee or agent of such licensee to refuse to furnish, upon request of
a prospective purchaser, the name of the previous owner of any used motor vehicle offered for
sale.
19.18.712.15 Applicability
The provisions of this Chapter shall apply to all sales whether or not the motor vehicle sold or
advertised for sale is owned by the licensee, or whether such licensee is acting as an agent or
consignee for the owner.
19.19.712.16 Title
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The licensee or an agent thereof, shall may sell only used motor vehicles to which the licensee has
registered title; and it shall beis unlawful for any licensee, or agent, thereof, to jump or transfer
title of any motor vehicle from any seller to licensee or agent thereof, directly to any purchaser of
the licensee or agent thereof.
19.20.712.17 Revocation
In addition to revocation as provided by Chapter 11 of this Code, theThe City Council may revoke
any license issued under this Chapter, upon adequate notice and a hearing, if the hearing is
requested, before the Council on the following grounds:
1. Any violation of this Chapter.
2. Revocation of a used or second handsecondhand motor vehicle dealer license by the State
of Minnesota.
3. Failure of continued occupancy of an established place of business.
4. Material misstatement or misrepresentation in application for license or renewal thereof.
19.21. 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 of this Code.
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Section 15
Amending Fridley City Code Chapter 17 (Auctions).
Fridley City Code
Chapter 17.713 Auctions
713.01 Purpose
The purpose of this Chapter is to protect consumers and regulate auction sales within the City of
Fridley (City) by establishing standards for auctioneers, requiring proper documentation of sales,
preventing fraudulent practices, and ensuring adequate facilities for auction events.
17. 01.713.02 Definitions
Auctioneer: a person who holds an auctioneering license issued by Anoka County, and who also
holds a City auction license.
713.03 Scope
This Chapter applies to licensed auctioneers who sell goods, wares or merchandise of any kind at
public auction for anyone or for themselves; and any person who sells their own goods or property
at public auction or private auction is an auctioneer within the meaning of this Chapter.
For the purpose of this Chapter, auctioneers are persons who sell goods, wares or merchandise of
any kind at public auction for anyone or for themselves; and any person who sells their own goods
or property at public auction or private auction is an auctioneer within the meaning of this
Chapter.
The provisions of this Chapter shall do not apply to judicial or sheriffÔs sales, sales made by
executors or administrators, or to mortgage or lien foreclosure sales.
17.02. 713.04 Written Invoice
Every person whose, property is being sold at auction shall must give to each and every purchaser
of any article or articles of property sold at auction a written invoice or statement containing a full
description of the article or articles so sold at auction, and the selling price thereof, and each and
every warranty under which the article or articles are sold. This section is not applicable toon items
valued under $100.00.
17.03. 713.05 False Statements
No auctioneer shall may make or cause to be made any false or fraudulent representations or
statements in respect to the character, kind, quality, condition, ownership, situation or value of
any property exposed, put up or offered for sale at public auction, and no auctioneer shall may
put up or offer for sale at public auction any article or property in respect to which any false or
fraudulent statement or representation shall may have been made with the knowledge of said
auctioneer as to the character, kind, quality, condition, ownership, situation or value of any such
property.
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17.04. 713.06 Booster
At any auction sale no person shall may act or employ another to act as a buy-bidder, or what is
commonly known as a capper or booster, or make or accept any false or misleading bid or falsely
pretend to buy or sell any article sold or offered for sale at any such auction.
17.05. Remedy for Fraud
Any person who shall purchase any property at public auction in respect to which any false or
fraudulent representation or statement as to the character, kind, quality, condition, ownership,
situation or value of such property has been made by or to the knowledge of the auctioneer, may
sue and recover from the auctioneer conducting such sale, or in whose name it shall have been
conducted, such penalties and damages as are provided by law.
17.06.713.07 Automobiles
No person shall may sell or cause to be sold any motor vehicles in excess of two (2) vehicles at
any auction unless the sale and auction bidding is conducted within a building. The building must
have available to it sufficient off-street parking to accommodate the vehicles of the patrons,
customers and other persons invited to said premises.
17.07. 713.08 Notification Required
No property or premises in Fridley the City shall may be used for the purpose of a public auction
without having provided proof of state or county licensure and bond to the city clerkCity Clerk at
least fourteen (14) days in advance of an auction. The notification to the City Clerk shall must be
made in writing indicating the following information: (Ref 1324)
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; and.
9. Plan for off-street parking.
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17.08. 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 of this Code.
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Section 16
Repealing Fridley City Code Chapter 27 (Billiards), Chapter 15 (Bowling Alleys), Chapter 28
(Carnivals), Chapter 702 (Drive-In Theaters), Chapter 32 (Food Establishments), Chapter 25 (Golf
Courses and Driving Ranges), Chapter 22 (Music Festivals), Chapter 23 (Public Dances) and Chapter
20 (Water Softeners).
FRIDLEY CITY CODE
CHAPTER 27. BILLIARDS
27.01. LICENSE REQUIRED
No person shall own or maintain any billiard table in the City of Fridley without obtaining a license
therefor pursuant to the provisions of this Code.
27.02. APPLICATION
Application shall be made with the City Clerk on forms furnished by the City. The applicant shall
provide such information as the City Council shall require.
27.03. FEES
The annual license fee and expiration date shall be as provided in Chapter 11 of this Code.
27.04. EXEMPTIONS
Any person owning or maintaining a billiard table in a private home or apartment building shall
be exempt from the requirements of this Chapter.
27.05. PENALTIES
Any violation of this Chapter is a misdemeanor and is subject to all penalties provided for such
violations under the provision of Chapter 901 of this Code.
FRIDLEY CITY CODE
CHAPTER 15. BOWLING ALLEYS
15.01. LICENSE REQUIRED
No person shall own, operate, or maintain any bowling alley in the City of Fridley without
obtaining a license therefore pursuant to the provisions of this Code.
15.02. APPLICATION
Application shall be made with the City Clerk on forms furnished by the City. The applicant shall
provide such information as the City Council shall require.
15.03. FEES
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The annual license fee and expiration date shall be as provided in Chapter 11 of this Code.
15.04. PENALTIES
Any violation of this Chapter is a misdemeanor and is subject to all penalties provided for such
violation under the provisions of Chapter 901 of this Code.
FRIDLEY CITY CODE
CHAPTER 28. CARNIVALS
28.01. DEFINITIONS
1. Carnival. A carnival is an outdoor event consisting of circuses, mechanical amusement
rides and other mechanical attractions or devices which attract attendance of the public for their
entertainment and pleasure.
28.02. LICENSE REQUIRED
No person shall give or maintain any circus or carnival to which an admission is charged or for
which admission fees are charged for any individual activities located on the property without
securing a license therefor.
28.03. APPLICATION
Application for such license shall be made to the City Clerk at least thirty (30) days in advance of
the scheduled date for such circus or carnival. The application shall provide:
The full name and address of the applicant;
The date, time, and location of the event;
The sponsors of the event;
The owner of the property, if different than the applicant;
A written acknowledgement consenting to the use of the property from the property
owner, if different than the applicant;
An executed indemnification agreement; or
Any other information required by the City.
28.04. FEES
The license fee and expiration date shall be as provided in Chapter 11 of this Code.
28.05. OPERATION
Any operator or owner of a carnival shall maintain the property and the carnival and conduct said
carnival operations in a lawful manner. Said operator shall comply with all regulations and statutes
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of the State of Minnesota, shall not maintain any nuisance or noise on said premises, and shall
not permit any intoxicating liquors or any immoral conduct or practices to exist on said premises.
The City may impose any carnival license conditions or restrictions it deems necessary or advisable
in the public interest, including but limited to conditions relating to the hours of operation, the
exterior or outside lighting of the carnival property and associated parking. The City Council may
also reserve the right to impose any conditions or restrictions at any time after the issuance of a
license hereunder should it become necessary.
28.06. PROPERTY CONTROL
1. Any operator or owner of a carnival shall control and direct the traffic and motor vehicles
entering and leaving its premises so that it does not interfere and block the orderly flow of traffic
on the public highways adjacent to said entering and leaving carnival property and parking areas.
2. No trash, paper cups, papers or wrappers shall be allowed to be scattered on said premises.
3. No bottles, bottle caps or metallic articles shall be deposited or allowed to lay on the
driveways and parking areas.
4. No motor vehicles shall stop or park on the shoulders of the public highway in the
immediate vicinity of the said premises during the hours the carnival is in operation.
28.07. INSURANCE AND BOND
1. Liability Insurance Requirements. The licensee shall obtain and keep in full force and effect
occurrence form comprehensive general liability coverage. Such coverage shall include but not
be limited to, bodily injury, property damage Ï broad form, and personal injury, for the hazards
of Premises/Operation, broad form contractual independent contractors, and
products/completed operations to protect the City and the licensee against liability for injuries or
damage sustained by any persons as a result of the operation of the carnival, including but not
limited to operation of amusement rides. The licensee shall maintain the insurance coverage with
liability limits not less than $1,000,000 each occurrence and a $2,000,000 general aggregate or
the equivalent.
2. WorkersÔ Compensation. The licensee shall obtain and maintain workers compensation
insurance in compliance with all applicable statutes.
3. Certificates of Insurance. Said licensee shall submit to the City Clerk satisfactory
certifications of insurance for the coverage required above. The City shall be named as an
additional insured on said certificates of insurance.
4. A cash deposit or bond of three thousand dollars ($3,000) will be required to insure
applicant has completed the proper clean-up of the premises following the removal of the carnival
operations. The City Council may waive the deposit or bond requirement for City carnivals
associated with commemorating the CityÔs history.
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28.08. INDEMNIFICATION
As a condition of and prior to the CityÔs issuance of the license, the licensee shall execute an
indemnification agreement with the City. The licensee shall defend, indemnify, and hold harmless
the City and its elected officials, officers, employees, agents, and representatives, from and against
any and all claims, including reasonable attorneysÔ fees and other costs and expenses of litigation,
which may be asserted against or incurred by the City for claims arising out of the operation of
the licenseeÔs carnival, violation of a term of the licenseeÔs license and City Code Chapter 28.
28.09. PENALTIES
Any violation of this Chapter is a misdemeanor and is subject to all penalties provided for such
violations under the provision of Chapter 901 of this Code.
FRIDLEY CITY CODE
CHAPTER 702. DRIVEIN THEATER
702.01. PUBLIC NUISANCE
The maintaining and operation of theatrical performances, stage shows, moving pictures and
drive-in theaters are hereby declared to be a public nuisance and are prohibited from operation
within the City of Fridley, except as hereinafter provided for.
702.02. DEFINITIONS
The following definitions shall apply in the interpretation and application of this Chapter and the
following words and terms, wherever they occur in this Chapter, are defined as follows:
1. Drive-In Theater.
A place or location for the parking of motor vehicles in front of a screen projection of moving
pictures.
2. Theatrical Performances; Stage Shows; and Moving Pictures.
Forms of entertainment to which two or more persons are invited to view an exhibition of acting
or the screen projection of moving pictures with accompanying sound broadcasting for a profit
or in the course of a business enterprise.
702.03. EXEMPTIONS
Nothing contained herein shall prevent theatrical presentations and motion pictures by a
religious or educational non-profit association or corporation within the confines of a church or
religious education edifice or within a public school building where the presentation is
sponsored by the religious or educational group.
702.04. OPERATION
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Any operator or owner of a drive-in theater shall conduct said premises and said operations in a
lawful manner. Such person shall comply with all regulations and statutes of the State of
Minnesota, shall not maintain any nuisance or noise on said premises and shall at all times equip
and maintain said drive-in theater so that the sound is directed to the individual vehicles in such
a manner that the sound does not carry beyond the premises of the property. Such person shall
not permit any intoxicating liquors or any immoral conduct or practices to exist on said premises.
702.05. PROPERTY CONTROL
1. Any operator or owner of a drive-in theater shall control and direct the traffic of motor vehicles
entering and leaving its premises so that it does not interfere with and block the orderly flow of
traffic on the public highways adjacent to said drive-in theater premises. Traffic control devices
shall be installed and maintained at the places of ingress and egress from said public highways to
the drive-in theater premises during the hours the business is in operation, unless the Police
Department of the City of Fridley has specifically waived such requirement.
2. No trash, paper cups, papers or wrappers shall be allowed to be scattered on drive-in theater
premises.
3. No bottles, bottle caps or metallic articles shall be deposited or allowed to lay on the driveways
and parking areas in a drive-in theater.
4. No motor vehicles shall stop or park on the shoulders of the public highway in the immediate
vicinity of a drive-in theater during the hours the theater is in operation.
702.06. LICENSE REQUIRED
No drive-in theater shall be erected, maintained or operated within Fridley without a license
therefor having been obtained from the Council by the owner or proprietor thereof.
702.07. APPLICATION
Applications for such licenses must be made in writing to the City Clerk and be accompanied by
a license fee.
702.08. FEE
The annual license fee and expiration date shall be as provided in Chapter 11 of this Code.
702.09. 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 of this Code.
FRIDLEY CITY CODE
CHAPTER 32. FOOD ESTABLISHMENT
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32.01. DEFINITIONS.
The following definitions shall apply in the interpretation and enforcement of this Chapter and
the following words and terms wherever they occur in his Chapter are defined as follows:
1. Person.
Any person, firm, corporation or association and with respect to acts prohibited or required herein,
shall include employees and licensees.
2. Food.
Any raw, cooked or processed substance, beverage or ingredient used or intended for use in
whole or in part for human consumption. The word "food" also includes ice and water.
3. Food Establishment.
Any building, room, stand, enclosure, vehicle, space, area, or other place wherein food is stored,
prepared, manufactured, processed, wrapped, canned, packed, bottled, transported, distributed,
or served in any place covered by the terms of this Chapter, whether or not the food is consumed
on the premises.
32.02. LICENSE REQUIRED.
1. No person shall operate a food establishment to sell food at wholesale or retail within the
corporate limits of the City, without having first obtained a license as provided in this code. Unless
prohibited by laws to the contrary, a City license is required in addition to any state or county
licenses.
32.03. APPLICATION
The applicant shall provide all information requested on form(s) provided by the City.
32.04. EXEMPTIONS
Government subdivisions, charitable institutions, houses of worship, school lunch rooms and
patient food services in health care facilities shall not be required to obtain a City license.
32.05 FEES
The annual license fee and expiration date shall be as provided in Chapter 11 of this code.
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32.06. 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 of this code.
FRIDLEY CITY CODE
CHAPTER 25. GOLF COURSES AND DRIVING RANGES
25.01. LICENSE REQUIRED
No person shall own, operate, or maintain any golf course or driving range in the City of Fridley
without obtaining a license therefor pursuant to the provisions of this Code.
25.02. APPLICATION
Application shall be made with the City Clerk on forms furnished by the City. The applicant shall
provide such information as the City Council shall require.
25.03. FEES
The annual license fee and expiration date shall be as provided in Chapter 11 of this Code.
25.04. PENALTIES
Any violation of this Chapter is a misdemeanor and is subject to all penalties provided for such
violations under the provision of Chapter 901 of this Code.
FRIDLEY CITY CODE
CHAPTER 22. MUSIC FESTIVALS
22. 01. DEFINITIONS
For the purpose of this Chapter, "music festival" shall mean and include any gathering of.
individuals for the purpose of participating in or attending a musical carnival "rock" festival or like
musical activity at which vocal or instrumental music is provided by professional or amateur
performers, or by pre-recorded means, and to which gathering members of the public are invited
or admitted with or without the payment of admission charges in any form.
22.02. LICENSE REQUIRED
It shall be unlawful for any person, group of persons or entity to operate conduct, maintain,
advertise, sell or furnish tickets or other types of written authority for admission to a music festival
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in the City of Fridley unless a license to operate or conduct such festival shall have been issued in
the manner hereinafter described in this Chapter.
22.03. FEES
The permit fee shall be as provided in Chapter 11 of this Code.
22.04. APPLICATION
Application for a license to conduct a music festival shall be made in writing to the City Clerk at
least sixty (60) days prior to the time indicated for the commencement of the music festival. The
application shall be accompanied by a nonrefundable application fee in the amount of Fifty Dollars
($50.00), which filing fee shall be paid to the City of Fridley. Such application shall contain the
following information:
1. The name (including alias if applicable), age, residence, mailing address, and telephone
numbers of each person making the application. If the application is filed by a partnership, the
name (including alias), age, residence, mailing address and telephone numbers of each partner
shall be included. If the applicant is a corporation or a common law or Massachusetts Trust, the
application shall be signed by the President and Secretary thereof, or in the case of a common
law or Massachusetts Trust, then by the Trustees thereof and in each instance shall contain their
residences, mailing addresses and telephone numbers, as well as telephone numbers, mailing
addresses and street addresses of the principal place of business of the corporation or trust and
in the case of a corporation shall also include a certified copy of articles of incorporation and the
by-laws of the corporation, and in the case of a common law or Massachusetts Trust shall include
a certified copy of the trust indenture.
2. The location and legal description of the premises where the music festival is proposed to
be conducted, including all lands to be used for automobile parking and other incidental uses.
The applicant shall submit proof of ownership of said premises and the written consent of all
owners thereof for the purposed use.
3. The date or dates and the hours during which the festival is to be conducted.
4. An estimate of the numbers of persons, participants and spectators expected to attend
the proposed music festival on each day it is conducted, together with detailed information
supporting such estimate.
5. A detailed statement of the applicant's program and plans to provide emergency
communications, security protection, water supply, food supply, sanitary facilities, medical
facilities and services, vehicle parking space, vehicle uses and on-site traffic control, sound and
lighting equipment, fire protection, garbage, trash and litter cleanup service, and if it is proposed
or expected that spectators or participants will remain at night or overnight, the arrangements for
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illuminating the premises and for camping and similar facilities. There shall be included a map
showing the location of all such facilities and equipment on the premises including the location
of all loud speakers and the location of all toilets, medical facilities and solid waste receptacles.
6. A detailed explanation of the applicant's plan for policing the activity with particular
emphasis on the control and prevention of alcohol and drug consumption.
22.05. AGREEMENT
The application shall include an agreement filed by the applicants and by the owners of the subject
premises that they will reimburse all owners and occupants of property adjoining the subject
premises for any and all loss, injury or damages to such owners or occupants or to their property
caused by the applicants, by the owner of the subject premises, or by any person attending or
participating in the music festival, which damage shall not have occurred had the music festival
not been held. Accompanying and securing said agreement shall be a surety company bond in
favor of the City of Fridley and all persons to whom the applicant and/or owners of the subject
premises may be liable because of the above required agreement. Said bond shall be prepared
by a corporate bonding company authorized to do business within the State of Minnesota and
shall be in the amount of not less than Fifty Thousand Dollars ($50,000).
22.06. INDEMNIFICATION
The application shall include an agreement filed by the applicants to defend, indemnify, save and
hold the City of Fridley harmless from and on account of any and all claims against the City of
Fridley for injury or damage of any kind or nature to persons or property in, upon or about the
subject premises or arising from or in connection with said music festival from any cause
whatsoever. The applicants shall covenant and agree to keep and maintain in full force and effect
for a period of one (1) year from and after the date upon which they shall have been issued a
license to conduct a music festival, a policy of public liability and property damage insurance in
standard form in insurance companies satisfactory to the City of Fridley and shall furnish the policy
therefore to the City of Fridley. Such public liability insurance shall insure the City of Fridley with
limits of not less than $250,000 for injury to any one person, $500,000 for injury to more than one
person, and in the amount of $50,000 for property damage. Said policy shall be delivered to the
City of Fridley at least ten (10) days before the issuance of a license and such policy shall bear an
endorsement of or shall be accompanied by evidence of receipt of payment of the premium
thereon.
22.07. CLEAN-UP
The application shall include an agreement signed by the applicants providing that within seventy-
two (72) hours after the conclusion of the music festival the applicants will clean up the premises,
including contiguous public roads, ways and easements, and remove all debris, garbage, trash,
litter and other waste matter from in and around said premises, together with all advertising
matters to said festival.
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22.08. FINGERPRINTS
An application shall not be considered completed until each applicant has been fingerprinted and
photographed by the City of Fridley Police Department.
22.09. REFERRAL
Upon receipt of the fully completed application the city clerk shall forward the application to the
city manager and public safety director, or his or her subordinate. The city manager and public
safety director, or subordinate, shall 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 fifteen (15) days after the filing of a completed application, the city
manager and the public safety director, or subordinate, shall complete their investigation and shall
notify the city clerk of their approval or disapproval of the issuance of a license. If all such officers
approve the issuance of a license, the 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. (Ref
1324)
22.10. REVOCATION
1. In addition to the provisions of Chapter 11 of this Code, the City Council shall have the
right to revoke any license issued pursuant of this Chapter after a public hearing held after written
notice is given to the licensee at least twenty-four (24) hours prior to such hearing, for any of the
following causes:
A. The licensee fails, neglects or refuses to fulfill any of the conditions imposed upon
the granting of a license.
B. The licensee fails, refuses or neglects to fulfill any of the provisions of the proposed
program or plans.
C. The licensee permits the music festival to be conducted in a disorderly manner or
allows any person to remain on the premises while under the influence of intoxicating
liquor, any narcotics or other dangerous drugs.
D. The licensee violates, or attempts to violate, any law of the State and/or provisions
of this Chapter or any other provisions of this Code.
E. The licensee has previously made a false, misleading or fraudulent statement of
material fact in the application for a license or in any other document required pursuant
to this Chapter.
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2. Written notice of such revocation shall be forwarded by the City Clerk to the Assistant City
Manager/Public Safety Director, the Finance Director and to the licensee at the address given in
the application. Such revocation shall become effective immediately after ordered by the City
Manager.
22.11. SUSPENSION
The Assistant City Manager/Public Safety Director may suspend operation and close any music
festival prior to the expiration of the license granted under the provisions of this Chapter in the
event of the occurrence of a riot, major disorder, or serious breach of the peace when, in that
person's judgment, it becomes necessary to prevent injury to persons and/or damage to the
property.
22.12. PARTICIPANTS
If the City Manager shall as a condition of issuance of the licenser impose a limit on the number
of persons to be admitted to the music festival and/or requiring that only holders of tickets shall
be admitted to the premises on which the festival is to be held, it shall be unlawful for the licensee,
or any agent or employee of the licensee:
1. To allow, permit, or suffer the entrance to the premises in which the music festival is held,
of any person who does not possess a ticket, except a peace officer or other public officer in the
performance of official duties;
2. To sell, give or distribute a greater number of tickets than the number authorized by the
City Manager; or,
3. To allow, permit or suffer the admission of any person to a music festival if such admission
shall result in a greater number of persons present than authorized by the City Manager
22.13. EXEMPTION
Any person, group of persons, or entity seeking to hold, conduct or operate a music festival, as
that term is defined in Section 22.01, on real property owned, leased, rented or possessed by any
public entity, may be exempted from making application for a license, paying the application fee,
providing the indemnity bond and the policy of public liability and property damage insurance
required by Sections 22.02 - 22.06, provided each of the following conditions is satisfied:
1. The person, group of persons, or entity seeking to hold, conduct, or operate a music
festival makes application in writing to the City of Fridley, for a permit, on a form to be provided
by the City Manager, at least five (5) days prior to the time indicated for the commencement of
the festival.
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2. The applicant obtains and delivers to the City Manager, at the time of making the
application, a written sponsorship of or written permit for the festival signed by the public entity
on whose real property the festival is proposed to be held, conducted, or operated.
3. The application shall set forth the day or days, the time which shall not exceed four (4)
hours duration on any one day between the hours of 10:00 o'clock a.m. and 10:00 o'clock p.m.,
and the place of the proposed festival, and the name, residence address and telephone number
of the applicant and each member of the performing musical group(s) including their leader(s).
4. The applicant confirms in the application, or in a separate writing attached thereto, that:
(a) each of the musical group(s) including their leader(s), will receive no monetary compensation
for performing in the festival and, (b) no charge whatsoever will be sought or collected for
admission to or attendance at the proposed festival.
5. The applicant agrees in the application, or in a separate writing attached thereto, that he
or she will assume full responsibility for restoring the immediate location of the festival, including
the area occupied by the audience, to a clean and sanitary condition, and will remove and properly
dispose of all debris, garbage, litter and other waste matter from, in and around said location,
together with all advertising matter relating to the festival, within four (4) hours immediately
following the conclusion of the festival.
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 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. (Ref 1324)
22.15. 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 of this Code.
FRIDLEY CITY CODE
CHAPTER 23. PUBLIC DANCES
23.01 MINNESOTA STATUTES BY REFERENCE
Minnesota Statutes Sections 624.42 to 624.54, inclusive, are hereby adopted by reference and
shall be in full force and effect in the City of Fridley as if set out here in full. (Ref. 492.)
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23.02. PERMIT REQUIRED
No person shall conduct a public dance without first obtaining a permit therefor from the City.
Person shall mean any person or persons, firm or firms, corporation or corporations.
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. No permits shall be granted unless
the public safety director, or his or her subordinate, 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. (Ref 1324)
23.04. FEE
The permit fee shall be as provided in Chapter 11 of this Code.
23.05. POST PERMIT
The permit shall be posted in a visible place at said dance.
23.06. CONDUCT
The persons to whom the permit is issued shall be held responsible for the manner of conducting
said dance. A peace officer or officers must be present at all times while said public dance is being
held.
23.07. PENALTIES
Any violation of this Chapter is a misdemeanor and is subject to all penalties provided for such
violations under the provision of Chapter 901 of the Fridley City Code.
FRIDLEY CITY CODE
CHAPTER 20. WATER SOFTENERS
20.01. PERMIT REQUIRED
Any person who installs water softeners and filtering equipment must secure a permit for each
installation from the Building Department of the City of Fridley. Such a permit shall be granted if
openings have been left so that the water softening or water filtering equipment may be
connected to the water distribution system through openings left for that purpose; or provided
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such connection may be made by use of a cold water connection to a domestic water heater. A
permit shall not be granted if it is necessary to make any extension or alteration of any pipe or
fixture in the water system. (Ref. 342)
20.02. EXCHANGE UNITS
This Chapter shall not be construed to require a permit or inspection for service of the water
softener commonly known as an "exchange unit" where such exchange is designed to be made
at regular intervals but it does require that a permit be obtained for the initial installation of such
exchange devices.
20.03. FEE
The annual permit fee and expiration date shall be as provided in Chapter 11 of this Code.
20.04. PENALTIES
Any violation of this Chapter is a misdemeanor and is subject to all penalties provided to such
violations under the provisions of Chapter 901 of this Code.
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Section 17
Amending Fridley City Code Chapter 209 (Fees).
Fridley City Code
Chapter 209 Fees
209.12 Fees
5. Licensing Fees
Code Subject Fee
308 Adult Entertainment Establishment $400
Investigation Fee $400
17713 Auction
Weekly permit $30
Annual permit $150
709 Automotive Fuel Station $90
300 Beekeeping
Initial fee $100
Annual renewal fee $25
27 Billiards
First table $40
Each additional table $10
15 Bowling Alleys
Annual license $40
Per lane $10
28 Carnivals
Application fee $75
Each day $75
Required cash deposit or bond $3,000
21708Christmas Cut Tree Lots
Annual license fee $200
DepositCleaning deposit $100
300 Dogs
Lifetime license $25
Duplicate license $5
Impound fee $25
Annual Dangerous Dog license $500
Potentially Dangerous Dog license $500
702 Drive-in Theaters $400
607 Entertainment $85
32 Food Establishment Ï Business License $45
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32 Food Temporary Ï Business License $30
25 Golf Course, Driving Range $30
319 Haulers $100 for first truck and $40
Mixed Municipal Solid Waste License each additional truck
(Garbage Truck), Yard Waste License,
Organics License, Recycling License
310 Hemp THC Product
Annual License $1,500
Investigation Fee, Individual $200
Investigation Fee, $400
Corporation/Partnership
Administrative Penalty for $250
individuals, first violation
Administrative Penalty for $500
individuals, second violation within
12 months
Administrative Penalty for $750
individuals, third violation within
12 months
Administrative Penalty for licensee, $500
first violation
Administrative Penalty for licensee, $1,000
second violation within 36 months
704 Itinerant Merchants
Enterprise license $100
30-day permit $100
60-day permit $150
90-day permit $200
24 Junk Yards $350
609700 Liquor, Caterer
Annual Caterer Registration $100
Event Notification Permit (per $25
event)
604700 Liquor, Consumption and Display
Annual State permit $300
One-day City permit $25
603700 Liquor, On-Sale Intoxicating Holiday $100
Endorsement
603700 Liquor, Lawful Gambling Endorsement $300
610700 Liquor Manufacturers/Investigative Fee
Individual $200
Partnership/Corporation $400
Alteration of Business $100
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Change of Officers $25
On-Sale Brewer/Distillery Taproom $600
License
Off-Sale Brewer/Distillery Growler $300
License
603700 Liquor, On-Sale Intoxicating
No entertainment
(a) 0-3,000 square feet $6,000
(b) 3,001-6,000 square feet $7,000
(c) Over 6,000 square feet $8,000
With entertainment or dancing
(a) 0-3,000 square feet $7,000
(b) 3,001-6,000 square feet $8,000
(c) Over 6,000 square feet $9,000
603700 Liquor, On-Sale Intoxicating Initial
Investigative Fee
Individual $200
Corporation or partnership $400
603700 Liquor, On-Sale Sunday $200
603700 Liquor, On-Sale Intoxicating Temporary $25
one day only
602700 Liquor, 3.2% Malt Liquor
Off-Sale $60
On-Sale $325
Holiday Endorsement $100
602700 Liquor, 3.2% Malt Liquor, Initial
Investigative Fee
Individual $90
Corporation or partnership $180
602700 Liquor, 3.2% Malt Liquor Temporary $60
603700 Liquor, Wine $1,000
603700 Liquor, Wine Investigative Initial Fee
Individual $200
Corporation or partnership $400
605700 Liquor, Bottle Club
Annual permit $300
One day permit $25
606700 Liquor, On-Sale Intoxicating Club
Per club under 200 members $300
Per club of 201-500 members $500
Per club of 501-1,000 members $650
Per club of 1,001-2,000 members $800
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Per club of 2,001-4,000 members $1000
Per club of 4,001-6,000 members $2,000
Per club of over 6,000 members $3,000
606700 Liquor, On-Sale Club Holiday $100
Endorsement
700 Liquor, Managerial License (Liquor) $10
300 Livestock
Initial fee $100
Annual review $25
705 Lodging
First guestroom $125
Each additional guestroom $5
Investigation Fee $100
603 Managerial License (Liquor) $10
125 Massage Therapy Business License
Annual license
Business investigation fee for $400
corporations or partnerships $400 (new) $200 (renewal)
Business investigation fee for
individual/sole proprietor $200 (new) $100 (renewal)
125 Massage Therapist
License fee $50
Therapist investigation fee $25
22 Music Festivals
Per day $700
Filing fee $100
35707 Mobile Food Unit
Food Truck License $50
Food Truck Fire Safety Inspection $100 per truck/unit
Ice Cream Truck License $75
18 Motor Vehicle Body Repair Business $150
509 Motorized Vehicles Rental $50 per vehicle
300 Multiple Pet Location
License Fee $100
Renewal Fee $25
Impound Fee $25
300 Poultry
Initial fee $100
Annual renewal fee $25
Impound fee $25
507 Rental Housing Annual License
Single rental unit $100
Two rental units $150
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Three rental units $210
Four rental unit $270
$270 plus $12 per unit over
Five or more units four units
150% of the annual license fee
License renewal late fee if more than
seven days late
150% of the annual license fee
License fee to reinstate after revocation
or suspension
$25
License transfer fee
License non-compliance fee for
properties that were posted for not
complying with correction orders or
license renewals $250
1-30 days $500
31+ days
125% of the annual license
Renting prior to obtaining a license
Reinspection fee after second
inspection $100
Single, duplex, triplex $300
Four or more units
31702 Pawn Shops
Annual license fee $3,000
Monthly transaction fee $3 per transaction
Reporting failure penalty $4 per transaction
Investigation fee $400
Bond required $5,000
14 Peddlers/Solicitor $60 per peddler
23 Public Dance $75
13 Retail Gasoline Sales $60
Private Gasoline Pump $30 per location
602, 603, 606 Social Skill Game Tournament Service $100 annually
Provider
16 Street Vending
Industrial/commercial $50
Residential $70
Both $100
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703 Therapeutic Massage
Therapeutic Massage Enterprise $400
annual license
$400 (new) $200 (renewal)
Business investigation fee for
corporations or partnerships
Business investigation fee for $200 (new) $100 (renewal)
individual/sole proprietor
703 Therapeutic Massage Therapist
License fee $50
Therapist investigation fee $25
12701 Tobacco LicenseProducts $125
12701 Tobacco Product Shop
License fee $400
Investigation fee $100
503 Tree Management License $150
19712 Used Motor Vehicles LicenseVehicle $150 per year
Sales Lot
711 Vehicle Repair Businesses $150
710 Vehicle Salvage Facilities $350
6. Parks and Recreation Services Fees
(a) Recreation Division
(1) Program fees are listed in the CityÔs bi-monthly Parks and Recreation Brochure and on
the CityÔs website.
(2) Administrative Fees
Item Category A Category B Category C
(Fridley Youth (Residents (Non-
Athletics and residents)
community
groups)
Additional maintenance staff City staff hourly City staff City staff
rate hourly rate hourly rate
Concession area for $50 per day $50 per day $100 per day
Community Park (Included
with weekend or daily
tournament rental)
Damage deposit for multiple $200 $200 $200
day rentals
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Locates for electrical or Market rate Market rate Market rate
irrigation heads
Portable restrooms Market rate Market rate Market rate
Shelter rental for Commons
Park and Flanery Park $80 per day $80 per day $120 per day
(3) Event Fees
Code
Subject Fee
508 Parade
Application $100
Daily $700
23 Public Dance
Application $75
209.13 Penalties
Code Subject Penalty
203 Administrative Citation
General $100 per violation
Fire Lane/Reserved Handicap $125 per violation
Parking
Other Parking $35 per violation
203 Administrative Citation Late Fee
General $25
Fire Lane/Reserved Handicap $30
Parking
Other Parking $10
700 Liquor-related Administrative Penalties
Individual
First violation $250
Second violation within 12 months $500
Third violation within 12 months $750
Businesses
First violation $500
Second violation within 12 months $1,000
504 Snow Removal Penalty
Violations of the provisions of this
Section are be a misdemeanor, subject
to penalties of a maximum of $700 and
90 days in jail per occurrence. In the
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alternative, the City may, in its
discretion, impose a civil penalty as
follows:
nd
2$50
offense within 365 days
rd
3 offense within six months of$200
any prior offense
th
4 offense or more within six$500
months of prior offense(s)
In addition, the City may charge to, and
assess to the associated property, any
damage to City property or injury to
City employees attributable to
violations of this section.
701 Tobacco Products Compliance Failure
Individual$50 per violation
st
Licensee, 1 offense$300
nd
Licensee, 2 offense within 36$600
months
rd
Licensee, 3 offense within 36$1,000
months
Passed and adopted by the City Council of the City of Fridley on this day of , 2025.
______________________________________
Dave Ostwald - Mayor
______________________________________
Melissa Moore - City Clerk
First Reading: August 25, 2025
Second Reading:
Publication:
Effective Date:
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City of Fridley
Summary Ordinance No. 1433
Creating Title No. 7 (Licensing) of the Fridley City Code and Updating the Chapters Contained
Therein and Updating Chapter 209 (Fees)
The City of Fridley does ordain, after review, examination, and staff recommendation, that the
Fridley City Code (Code) be amended by adopting Ordinance No. 1433. A summary of the
amendments to the Code made by Ordinance No. 1433 are as follows:
The Ordinance repeals Chapter 601 (Municipal Operation of Liquor), Chapter 602 (3.2% Malt
Liquor, Chapter 603 (Intoxicating Liquor), Chapter 604 (Consumption Display), Chapter 605
(Intoxicating Liquor Bottle Club Permit), Chapter 606 (Intoxicating Liquor On-Sale Club), Chapter
607 (Entertainment License), Chapter 609 (Liquor Caterers), Chapter 610 (Liquor Manufacturers),
Chapter 27 (Billiards), Chapter 15 (Bowling Alleys), Chapter 28 (Carnivals), Chapter 702 (Drive In
Theater), Chapter 32 (Food Establishments), Chapter 25 (Golf Courses and Driving Ranges),
Chapter 22 (Music Festivals), Chapter 14 (Peddlers), Chapter 23 (Public Dances) and Chapter 20
(Water Softeners). The ordinance amends Chapter 608 (Lodging Tax), Chapter 17 (Actions),
Chapter 21 (Christmas Trees), Chapter 13 (Gasoline Sales), Chapter 26 (Hotels and Motels), Chapter
24 (Junk Yards), Chapter 30 (Lawful Gambling), Chapter 125 (Massage Therapy Licensing), Chapter
18 (Motor Vehicle Body Repair Businesses), Chapter 31 (Pawn Shops), Chapter 12 (Tobacco
Products), Chapter 19 (Used Motor Vehicles) and Chapter 34 (Mobile Food Units). The ordinance
adds Chapter 700 (Liquor) and Chapter 704 (Itinerant Merchants).
Ordinance No.1433 was passed and adopted by the City Council of the City of Fridley on September
8, 2025. The full text of the Ordinance is available on the City website or for inspection by any
person during regular office hours at the Office of the City Clerk.
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AGENDA REPORT
Meeting Date:September 8, 2025 Meeting Type:City Council
Submitted By:Joe Starks, Finance Director
Title
Resolution No. 2025-105, Updating City Council Appointments and Designations
Background
The City of Fridley (City) annually (and at changes of employment of relevant personnel) adopts a
resolution designating several items, including those authorized for signature authority to perform
financial transactions.irector, Shannon Veeraboina, has begun
employment at the City and should be listed for signature authority.The attached resolution adds
her as an authorized party.
Financial Impact
None.
Recommendation
Staff recommend the approval of Resolution No. 2025-105, Updating City Council Appointments
and Designations.
Focus on Fridley Strategic Alignment
Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building
X Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship
Organizational Excellence
Attachments and Other Resources
Resolution No. 2025-105
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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Resolution No. 2025 - 105
Updating City Council Appointments and Designations
Whereas, the Fridley City Council (Council) appoints local officials, commissions and committees to
perform functions outlined and authorized by the Fridley City Charter (Charter), ordinance, resolution
or agreement; and
Whereas, a review of vacancies and reappointments is conducted at the first Council meeting of each
year, and is reviewed at changes of employment.
Now therefore, be it resolved, that the City Council of the City of Fridley hereby confirms, makes
or extends the following appointments.
Official Depositories*
Institution Authorization Term Expires Authority
UBS Financial Walter T. Wysopal, City Manager Indefinite M.S. § 427.02;
Services, Inc. Joseph A. Starks, Finance Director Indefinite M.S. § 118A;
Shannon Veeraboina, Assistant Indefinite Charter § 6.04;
Finance Director City Investment Policy
Wells Fargo Bank, Walter T. Wysopal, City Manager Indefinite M.S. § 427.02;
N.A Joseph A. Starks, Finance Director Indefinite M.S. § 118A;
Shannon Veeraboina, Assistant Indefinite Charter § 6.04
Finance Director
*The City Manager, Director of Finance/City Treasurer, or Assistant Finance Director will have the
authority to transfer funds from one official depository to another for the purpose of investing and
satisfying claims against City funds. The City delegates authority to make Electronic Funds Transfers
to the Finance Director or their designee.
Financial Advisor
Institution Authorization Term Expires Authority
Ehlers and Walter T. Wysopal, City Manager Indefinite M.S. § 427.02;
Associates, Inc. Joseph A. Starks, Finance Director Indefinite M.S. § 118A;
Shannon Veeraboina, Assistant Indefinite Charter § 6.04
Finance Director
Investment Advisors
Institution Appointee Term Expires Authority
Moreton Markets Walter T. Wysopal, City Manager Indefinite M.S. § 427.02;
Capital LLC, Joseph A. Starks, Finance Director Indefinite M.S. § 118A;
Investment Advisor Indefinite Charter § 6.04;
394
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Shannon Veeraboina, Assistant City Investment
Finance Director Policy
Wells Fargo Walter T. Wysopal, City Manager Indefinite M.S. § 427.02;
Advisors Joseph A. Starks, Finance Director Indefinite M.S. § 118A;
Shannon Veeraboina, Assistant Indefinite Charter § 6.04;
Finance Director City Investment
Policy
UBS Financial Walter T. Wysopal, City Manager Indefinite M.S. § 427.02;
Services, Inc. Joseph A. Starks, Finance Director Indefinite M.S. § 118A;
Shannon Veeraboina, Assistant Indefinite Charter § 6.04;
Finance Director City Investment
Policy
th
Passed and adopted by the City Council of the City of Fridley this 8 day of September, 2025.
________________________________________
Dave Ostwald Mayor
Attest:
___________________________________________
Melissa Moore City Clerk
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AGENDA REPORT
Meeting Date:September 8, 2025 Meeting Type:City Council
Submitted By:Joe Starks, Finance Director/City Treasurer
Title
Resolution No. 2025-107,Approving Claims for the Period Ending September 3, 2025
Background
Attached is Resolution No. 2025-107and the claims report for the period endingSeptember 3,2025.
Financial Impact
Included in the budget.
Recommendation
Staff recommend the approval of Resolution No. 2025-107, Approving Claims for the Period Ending
September 3, 2025.
Focus on Fridley Strategic Alignment
Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building
X Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship
Organizational Excellence
Attachments and Other Resources
Resolution No. 2025-107,Approving Claims for the Period Ending September 3, 2025
City Council Claims Report
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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Resolution No. 2025-107
Approving Claims for the Period Ending September 3, 2025
Whereas, Minnesota Statute § 412.271 generally requires the City Council to review and approve
claims for goods and services prior to the release of payment; and
Whereas, a list of such claims for the period ending September 3, 2025, was reviewed by the City
Council.
Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves the
payment of the claims as presented.
th
Passed and adopted by the City Council of the City of Fridley this 8 day of September 2025.
_______________________________________
David Ostwald - Mayor
Attest:
Melissa Moore City Clerk
397
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Bank Transaction Report
Transaction Detail
Issued Date Range: 08/21/2025 - 09/03/2025
Cleared Date Range:-
Issued
DateDescriptionModuleTypeAmount
08/22/2025CENTERPOINT ENERGY-MINNEGASCOAccounts PayableCheck-119.12
08/22/2025GURSTEL LAW FIRM PCAccounts PayableCheck-1,169.54
08/22/2025LONG RUN LEADERSHIP CONSULTINGAccounts PayableCheck-1,050.00
08/22/2025XCEL ENERGYAccounts PayableCheck-10,645.04
08/25/2025PORTOLITE PITCHING MOUNDS LLCAccounts PayableCheck-8,263.10
08/27/2025APPLE FORD WHITE BEAR LAKEAccounts PayableCheck-305.50
08/27/2025ASPEN MILLS INCAccounts PayableCheck-59.40
08/27/2025BLAINE BROTHERSAccounts PayableCheck-7,999.86
08/27/2025BRAUN INTERTEC CORPORATIONAccounts PayableCheck-1,085.50
08/27/2025BUSCH SYSTEMS INTERNATIONAL INCAccounts PayableCheck-380.02
08/27/2025CARR'S TREE SERVICE INCAccounts PayableCheck-10,676.20
08/27/2025CERES ENVIRONMENTAL INCAccounts PayableCheck-410.00
08/27/2025CMB JANITORIALAccounts PayableCheck-450.00
08/27/2025EFFECTIVE FITNESS COMBATIVES LLCAccounts PayableCheck-2,498.00
08/27/2025EKBOM ENTERPRISES INCAccounts PayableCheck-65.00
08/27/2025FLEET PRIDE TRUCK & TRAILER PARTSAccounts PayableCheck-159.24
08/27/2025GENUINE PARTS CO/NAPAAccounts PayableCheck-330.80
08/27/2025GRAFIK DISTINCTION INCAccounts PayableCheck-3,050.00
08/27/2025HART'S AUTO SUPPLYAccounts PayableCheck-3,700.00
08/27/2025HAWKINS INCAccounts PayableCheck-2,772.75
08/27/2025HCM ARCHITECTS-HAGEN CHRISTENSEN & MCILWAINAccounts PayableCheck-7,705.20
08/27/2025HEALTH PARTNERSAccounts PayableCheck-1,912.00
08/27/2025HOISINGTON KOEGLER GROUP / HKGIAccounts PayableCheck-496.25
IDEAL SERVICE INCAccounts PayableCheck
08/27/2025-382.50
08/27/2025INTERSTATE BATTERY SYSTEMAccounts PayableCheck-665.80
08/27/2025JAMF SOFTWARE LLCAccounts PayableCheck-2,500.00
08/27/2025KENNEDY & GRAVEN CHARTEREDAccounts PayableCheck-2,624.55
LAKE RESTORATION INCAccounts PayableCheck
08/27/2025-362.00
08/27/2025LANDRUD, OWENAccounts PayableCheck-183.46
398
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08/27/2025LEAGUE OF MINNESOTA CITIESAccounts PayableCheck-30.00
08/27/2025LEAGUE OF MN CITIES INS TRUSTAccounts PayableCheck-1,114.85
08/27/2025LOFFLER COMPANIES-131511Accounts PayableCheck-1,836.00
08/27/2025LONG RUN LEADERSHIP CONSULTINGAccounts PayableCheck-3,215.83
08/27/2025MAC QUEENAccounts PayableCheck-62.00
08/27/2025MARTIN MARIETTAAccounts PayableCheck-1,416.49
08/27/2025MENARDS - FRIDLEYAccounts PayableCheck-288.19
08/27/2025MINN DEPT OF TRANSPORTATIONAccounts PayableCheck-1,224.93
08/27/2025MINNESOTA ROADWAYSAccounts PayableCheck-178.00
08/27/2025MORRELL ENTERPRISESAccounts PayableCheck-198.63
08/27/2025NESS, GAILAccounts PayableCheck-3,325.00
08/27/2025NEW BRIGHTON, CITY OFAccounts PayableCheck-1,003.97
08/27/2025NICK, HEATHERAccounts PayableCheck-3,052.50
08/27/2025NORTHERN SANITARY SUPPLY INCAccounts PayableCheck-200.35
08/27/2025NOVACARE REHABILITATIONAccounts PayableCheck-120.00
08/27/2025PLATINUM POWER WASHING INCAccounts PayableCheck-3,359.35
08/27/2025Q3 CONTRACTING INC / PSCAccounts PayableCheck-1,059.90
08/27/2025RESPECAccounts PayableCheck-6,000.00
08/27/2025SQUEEGEE MAGICAccounts PayableCheck-70.06
08/27/2025STIMEY ELECTRICAccounts PayableCheck-1,651.97
08/27/2025SUBURBAN TIRE WHOLESALE INCAccounts PayableCheck-820.00
08/27/2025TIMBERLINE LAWN CARE INCAccounts PayableCheck-1,360.00
08/27/2025UHL COMPANYAccounts PayableCheck-3,770.00
VALLEY-RICH CO INCAccounts PayableCheck-7,254.44
08/27/2025
08/27/2025VESTISAccounts PayableCheck-556.06
08/27/2025WILSON, RYANAccounts PayableCheck-1,578.00
08/27/2025XCEL ENERGYAccounts PayableCheck-22,645.86
YALE MECHANICAL INCAccounts PayableCheck-2,139.00
08/27/2025
08/27/2025YOUNG, JORDANAccounts PayableCheck-200.00
08/27/2025MINN CHILD SUPPORT PAYMENT CENTERAccounts PayableCheck-327.27
08/29/2025FRIDLEY POLICE ASSOCIATION-PY onlyAccounts PayableEFT-196.00
FRIDLEY-IAFF DUES/INTL ASSOC/FIRE FIGHTERSAccounts PayableEFT-120.00
08/29/2025
08/29/2025VOYA INSTITUTIONAL TRUST (for MINN DEFERRED)Accounts PayableBank Draft-996.15
08/29/2025VOYA INSTITUTIONAL TRUST (for MINN DEFERRED)Accounts PayableBank Draft-2,326.14
08/29/2025CITY OF FRIDLEY-MISSION SQUARE-457 Def.CompAccounts PayableBank Draft-22,073.51
CITY OF FRIDLEY-MISSION SQUARE-457 Def.CompAccounts PayableBank Draft-4,434.89
08/29/2025
08/29/2025CITY OF FRIDLEY-MISSION SQUARE RHS Retiree Health SavAccounts PayableBank Draft-397.20
08/29/2025MINN DEPT OF REVENUE - Payroll GarnishmentsAccounts PayableBank Draft-522.07
08/29/2025PERA - PUBLIC EMPLOYEESAccounts PayableBank Draft-46,761.46
PERA - PUBLIC EMPLOYEESAccounts PayableBank Draft-164.46
08/29/2025
08/29/2025PERA - PUBLIC EMPLOYEESAccounts PayableBank Draft-68,389.21
08/29/2025CITY OF FRIDLEY-MISSION SQUARE RHS Retiree Health SavAccounts PayableBank Draft-150.00
399
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08/29/2025CITY OF FRIDLEY-MISSION SQUARE RHS Retiree Health SavAccounts PayableBank Draft-2,250.00
08/29/2025CITY OF FRIDLEY-MISSION SQUARE RHS Retiree Health SavAccounts PayableBank Draft-600.00
08/29/2025CITY OF FRIDLEY-MISSION SQUARE Roth IRAAccounts PayableBank Draft-6,825.76
08/29/2025INTERNAL REVENUE SERVICE - PAYROLL TAXESAccounts PayableBank Draft-51,535.34
08/29/2025INTERNAL REVENUE SERVICE - PAYROLL TAXESAccounts PayableBank Draft-18,879.34
08/29/2025MINN DEPT OF REVENUE - PAYROLL TAXAccounts PayableBank Draft-28,216.20
08/29/2025INTERNAL REVENUE SERVICE - PAYROLL TAXESAccounts PayableBank Draft-61,799.77
08/29/2025Payroll EFTPayrollEFT-434,409.34
09/01/2025SVAP FRIDLEY MARKET (Bank Draft Pmt)Accounts PayableBank Draft-22,854.00
09/03/2025ALLIANT ENGINEERING INCAccounts PayableCheck-20,115.00
09/03/2025ANOKA IND GRAIN & FEED DEALERSAccounts PayableCheck-194.81
09/03/2025APPLE FORD WHITE BEAR LAKEAccounts PayableCheck-118.58
09/03/2025ASPEN MILLS INCAccounts PayableCheck-4,042.14
09/03/2025BEISSWENGER'S HARDWAREAccounts PayableCheck-20.95
09/03/2025BOLTON & MENK INCAccounts PayableCheck-33,945.00
09/03/2025BRAUN INTERTEC CORPORATIONAccounts PayableCheck-7,890.00
09/03/2025BRENNAN CONSTRUCTION OF MN INCAccounts PayableCheck-73,858.15
09/03/2025CAMP K9 & K9 CUTS LLCAccounts PayableCheck-118.00
09/03/2025CENTER FOR INTERNET SECURITY INCAccounts PayableCheck-995.00
09/03/2025CENTERPOINT ENERGY-MINNEGASCOAccounts PayableCheck-517.95
09/03/2025CENTURY LINKAccounts PayableCheck-71.39
09/03/2025COLUMBIA HEIGHTS POLICE DEPARTMENTAccounts PayableCheck-2,076.94
09/03/2025COMCAST (PO BOX 37601)Accounts PayableCheck-1,845.10
COMCAST/XFINITY (PO BOX 60533)Accounts PayableCheck-1,123.69
09/03/2025
09/03/2025COON RAPIDS POLICE DEPARTMENTAccounts PayableCheck-1,064.76
09/03/2025EMERGENCY AUTOMOTIVE TECHNOLOGIES / EATIAccounts PayableCheck-497.54
09/03/2025FLAGSHIP RECREATION LLCAccounts PayableCheck-5,325.20
FRIENDLY CHEVROLET INCAccounts PayableCheck-6,482.09
09/03/2025
09/03/2025GENUINE PARTS CO/NAPAAccounts PayableCheck-41.36
09/03/2025GRUNDMAN, MIKEAccounts PayableCheck-27.30
09/03/2025HOFFMAN BROS. SODAccounts PayableCheck-35.00
INNOVATIVE OFFICE SOLUTIONSAccounts PayableCheck-439.28
09/03/2025
09/03/2025INTERSTATE BATTERY SYSTEMAccounts PayableCheck-157.95
09/03/2025KIMLEY-HORN & ASSOCIATES INCAccounts PayableCheck-77,751.50
09/03/2025MARTIN MARIETTAAccounts PayableCheck-120.00
MINN ITAccounts PayableCheck-509.66
09/03/2025
09/03/2025MORRELL ENTERPRISESAccounts PayableCheck-1,496.92
09/03/2025NORTH AMERICAN RESCUEAccounts PayableCheck-2,348.99
09/03/2025NORTH SECOND STREET STEEL / GARELICK STEELAccounts PayableCheck-548.00
NUSS TRUCK AND EQUIPMENTAccounts PayableCheck-168,484.10
09/03/2025
09/03/2025PALADIN TECHNOLOGIES (USA) INCAccounts PayableCheck-76,229.36
09/03/2025Q3 CONTRACTING INC / PSCAccounts PayableCheck-384.40
39:
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09/03/2025SPRING LAKE PARK, CITY OF - POLICEAccounts PayableCheck-4,294.08
09/03/2025STIMEY ELECTRICAccounts PayableCheck-7,685.55
09/03/2025TOM MALONE/ULTIMATE MARTIAL ARTS INCAccounts PayableCheck-1,040.00
09/03/2025TOVAR, SANTOSAccounts PayableCheck-150.94
09/03/2025VERIZON WIRELESSAccounts PayableCheck-480.12
09/03/2025VESTISAccounts PayableCheck-229.29
09/03/2025WICKS, CHRISTINEAccounts PayableCheck-100.00
09/03/2025XCEL ENERGYAccounts PayableCheck-66.54
Summary
Bank Account
Count Amount
121
Report Total:
Cash Account Count Amount
999 999-121
101100 Cash in Bank -Report Total:
CITY Pooled Cash121
Transaction TypeAmount
18
Bank Draft-339,175.50
Check-645,002.11
3
EFT-434,725.34
Report Total:-1,418,902.95
3:1
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AGENDA REPORT
Meeting Date:September 8, 2025 Meeting Type:City Council
Submitted By:Beth Kondrick, Deputy City Clerk
Title
Resolution No. 2025-106,ApprovingtheMassage Therapy Individual License Application for Ying Song
Background
Ying Song
Shop. Chapter125 (Massage Therapy Businesses and Massage Therapists) of the Fridley City Code
(Code)contains 14standard conditions that apply to all Massage Therapy BusinessLicensesand
Massage Therapy Individual Licenses. The Chapter establishes standard conditionsof the Fridley City
Council(Council)to protect the health, safety and general welfare of the public.
Findings
As a part of the application approval process forindividual licenses, background checks, investigations
and verificationsare performed. Below is a summary of the verifications and determinations of staff:
RequirementStaffDetermination/notes
ApplicationCity ClerkPassed
InvestigationCity Clerk and PolicePassed
Background checkPolicePassed
Accredited Institution CertificateCity ClerkPassed
Personal ReferencesCity ClerkPassed
Past Employment HistoryCity ClerkPassed
Ms. Song has held a Massage Therapy Individual License in the City of Bloomington. Staff contacted the
City of Bloomington as part of the background investigation, and they stated they had no issues with
Ms. Song. Ms. Song has passed all other verifications and meets all requirements as stated in Code. Staff
find no reason to deny the license application.
Financial Impact
Recommendation
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
3:2
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Staff recommend approval of Resolution No. 2025-106, Approving the Massage Therapy Individual
License Application for Ying Song .
Focus on Fridley Strategic Alignment
Vibrant Neighborhoods & Places Community Identity & Relationship Building
Financial Stability & Commercial Prosperity X Public Safety & Environmental Stewardship
Organizational Excellence
Attachments and Other Resources
!Resolution No. 2025-106
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
3:3
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Resolution No. 2025-106
Approving the Massage Therapy Individual License Application for Ying Song to Operate
Whereas, Chapter 125 (Massage Therapy Businesses and Massage Therapists) of the Fridley City
Code (Code) establishes standards of operation for licensed businesses and individuals to operate
in the City of Fridley (City); and
Whereas, Ying Song applied for a Massage Therapy Individual L
Shop; and
Whereas, staff performed the required background checks, investigations and verifications for
Massage Therapy Individual Licenses finding no reasons to deny; and
Whereas, Section 125.10 of the Code authorizes the City Council to approve or deny any Massage
Therapy Individual License application.
Now therefore it be resolved, the City Council of the City of Fridley, Minnesota hereby approves
the Massage Therapy Individual License submitted by Ying Song
Passed and adopted by the City Council of the City of Fridley this 8th day of September,
2025.
_________________________________
Dave Ostwald Mayor
Attest:
________________________________
Melissa Moore City Clerk
3:4
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AGENDA REPORT
Meeting Date:September 8, 2025 Meeting Type:City Council
Submitted By:Mike Maher, Parks and Recreation Director
Title:
ResolutionNo.2025-104, Approving a Cooperative Agreement Between the City of Fridley and Great
River Greening for Habitat Restoration Work at Innsbruck Nature Center
Background
The City of Fridley(City)has an opportunity to enter into a cooperative agreement with Great River
Greening for restoration of habitat at Innsbruck Nature Center. The agreement would utilize grant funds
-Sams Outdoor Heritage Council.
The work would remove invasive trees and shrubs throughout the 22.25-acre site followed by several
years of treatment of regrowth of invasive trees and shrubs. Additionally, native grasses would be
planted in infested areas to promotebiodiversity and at least one volunteer event would be held to help
manage the site and engage community members.
Financial Impact
The total project cost is $209,700 with Great River Greening contributing $194,700 and the City being
responsible for $15,000 over a five-year period of project implementation. Grant match dollars have
been allocated in the annual Capital Improvements Projects (CIP).
Recommendation
Staff recommends approval of ResolutionNo.2025-104, Approving a Cooperative Agreement Between
the City of Fridley and Great River Greening for Habitat Restoration Work at Innsbruck Nature Center.
Focus on Fridley Strategic Alignment
Vibrant Neighborhoods &Places X Community Identity &Relationship Building
Financial Stability & Commercial Prosperity X Public Safety & Environmental Stewardship
Organizational Excellence
Attachments and Other Resources
ResolutionNo.2025-104
Cooperative Agreement Between City of Fridley and Great River Greening for Habitat
Restoration Work at Innsbruck Nature Center
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
3:5
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Resolution No. 2025-104
Approving a Cooperative Agreement Between the City of Fridley and Great River Greening
for Habitat Restoration Work at Innsbruck Nature Center
Whereas, the City of Fridley (City) operates the Innsbruck Nature Center property as a natural-
resource based park for the preservation and enjoyment of nature; and
Whereas, the nonprofit Great River Greening was awarded grant funds through the State of
-Sams Outdoor Heritage Council to conduct habitat restoration work at
Innsbruck Nature Center with the cooperation of the City; and
Whereas, an active volunteer effort has been undertaken to improve biodiversity at Innsbruck
Nature Center through removal of invasive plant species and seeding of native plant species and
the cooperative agreement would further the efforts of volunteers and staff; and
Whereas, the Parks and Recreation Commission has provided a recommendation to enter into a
cooperative agreement with Great River Greening for habitat restoration work at Innsbruck Nature
Center; and
Whereas, the City will be responsible for a total contribution to the project of $15,000 over the
five-year project implementation and budgets funds annually for grant matches; and
Whereas, staff recommends the approval of the cooperative agreement between the City and
Great River Greening.
Now, therefore be it resolved, that the City Council of the City of Fridley authorizes the execution
of a cooperative agreement of between the City of Fridley and Great River Greening for habitat
restoration work at Innsbruck Nature Center.
Passed and adopted by the City Council of the City of Fridley this 8th day of September,
2025.
_______________________________________
Dave Ostwald Mayor
Attest:
___________________________________
Melissa Moore City Clerk
3:6
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GREAT RIVER GREENING
COOPERATIVE AGREEMENT
rd
THIS AGREEMENT, ifsfjobgufs!sfgfssfe!up!bt!Bhsffnfou-!jt!nbefuif!23of July, 2025,cz!boe!cfuxffo!uif!City of
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RECITALS
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pg!obuvsbm!sftpvsdft!gps!bhsffnfout!up!bdrvjsf!mboe!jo!gff!boe!qfsnbofou!dpotfswbujpo!fbtfnfout!boe!up!sftupsf!
boe!foibodf!obuvsbm!ibcjubu!tztufnt!bttpdjbufe!xjui!uif!Njttjttjqqj-!Njooftpub-!boe!Tu/!Dspjy!Sjwfst!boe!uifjs!
usjcvubsjft!jo!uif!nfuspqpmjubo!bsfb!bt!gpmmpxt;%:86-111!up!Hsfbu!Sjwfs!Hsffojoh/
HSHeftjsft!up!dpousjcvuf!$194,700 upxbset!uif!qbsuofstijq!qspkfdu<!boe
Uif!Mboepxofseftjsft!up!dpousjcvuf!$15,000 upxbset!uif!qbsuofstijq!qspkfdu<!boe
Uif!Mboepxofstfflt!up!foufs!joup!bo!bhsffnfou!xjui!HSH!gps!uif!qvsqptf!pg!efubjmjoh!qbsuofstijq!dpousjcvujpot!boe!uif!
qspwjtjpo!pg!Ufdiojdbm!Tfswjdft!jo!tvqqpsu!pg!uifJootcsvdl!Obuvsf!Dfoufs!Qibtf!2qspkfdu/Xjui!HSH!dpousjcvujoh!gvoet!gspn!
uif!bqqspqsjbujpo!up!uif!qspkfdu)t*-!uif!Djuz!jt!tvckfdu!up!uif!ufsnt!bt!eftdsjcfe!jo!Fyijcju!B/
OPX!UIFSFGPSF-!jo!dpotjefsbujpo!pg!uif!nvuvbm!voefsubljoht!boe!bhsffnfou!dpoubjofe!xjuijo!uijt!bhsffnfou-!uif!
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2/Compensation and Terms of Payment
a.Compensation
Total Project Costs:$209,700
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dptu!pg!tvdi!tfswjdft!xjmm!cf!gvoefe!cz!kpjou!dpousjcvujpot!pg!uif!qbsujft/+Opuf;!HSHt!dpousjcvujpo!pvumjofe!
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Mboepxofst!dbti!nbudi!boe0ps!jo.ljoe!dpousjcvujpot/HSHt!gjobodjbm!pcmjhbujpo-!bt!tfu!pvu!bcpwf-!tibmm!cf!jo!
bddpsebodf!xjui!uif!Pvuepps!Ifsjubhf!Gvoe!xijdi!jt!buubdife!boe!jodpsqpsbufe!ifsfjo!bt!Exhibit A-!boe!nbz!
cf!nfu!uispvhi!bduvbm!qbznfou!gps!tfswjdft!up!b!uijse!qbsuz!ps!dbmdvmbujpo!pg!uif!wbmvf-!po!bo!ipvsmz!cbtjt-!gps!
jo.ljoe!tfswjdft!qspwjefe/
b.Terms of Payment
Gps!uif!Mboepxofst!dpousjcvujpo-!HSH!tibmm!tvcnju!jowpjdft!po!bo!boovbm!cbtjt!up!uif!bvuipsj{fe!bhfou!pg!uif!
Mboepxofsgps!qbznfou!pg!uif!boovbm!bmmpdbujpo-!bt!tipxo!jo!uif!ubcmf!cfmpx/!Qbznfout!tibmm!cf!nbef!xjuijo!
uijsuz!)41*!ebzt!bgufs!sfdfjqu!pg!jowpjdft!cz!uif!bvuipsj{fe!bhfou!pg!uif!Mboepxofs/
Kvof!3137%4-111
Kvof!3138%4-111
Kvof!3139%4-111
Kvof!313:%4-111
Kvof!3141%4-111
3:7
Jufn!8/
3/Condition of Payment
Bmm!tfswjdft!qspwjefe!cz!HSHqvstvbou!up!uijt!bhsffnfou!tibmm!cf!qfsgpsnfe!up!uif!tbujtgbdujpo!pg!uif!Mboepxofsboe!
jut!bvuipsj{fe!bhfou-!boe!jo!bddpsebodf!xjui!bmm!bqqmjdbcmf!gfefsbm-!tubuf!boe!mpdbm!mbxt-!psejobodft-!svmft!boe!
sfhvmbujpot/!!Qbznfou!tibmm!cf!xjuiifme!gps!xpsl!gpvoe!cz!uif!Mboepxofsps!jut!bvuipsj{fe!bhfou!up!cf!votbujtgbdupsz-!
ps!qfsgpsnfe!jo!wjpmbujpo!pg!gfefsbm-!tubuf!boe!mpdbm!mbxt-!psejobodft-!svmft!ps!sfhvmbujpot/
4/Scope of Services(Project Map can be found in Exhibit B)
Jootcsvdl!Obuvsf!Dfoufs
HSH!bhsfft!up!qspwjef!uif!gpmmpxjoh!mjtu!pg!tfswjdft!gps!uif33!bdsft!pg!gpsftusftupsbujpo!bu!Jootcsvdl!Obuvsf!Dfoufs;
Qspkfdu!pwfstjhiu!cz!HSH!Fdpmphjtut/
o Xsjuf!b!Obuvsbm!Sftpvsdf!Nbobhfnfou!qmbo!)OSNQ*!jodmvejoh!qpufoujbm!qmbot!gps!hsbou!gvoefe!sftupsbujpo!
bdujwjujft!bt!xfmm!bt!eftdsjqujpot!gps!tvhhftufe!nbjoufobodf!gps!21!zfbst!qptu!hsbou!gvoejoh/!
o Hsbou!benjojtusbujpo-!sfqpsujoh!boe!epdvnfou!tupsbhf!gps8zfbst!bgufs!hsbou!dmptf/
o Esbgu-!sfmfbtf-!boe!bxbse!qvcmjd!SGC!)Sfrvftu!gps!Cje*boe!tqfdjgjdbujpot!up!ijsf!b!rvbmjgjfe!obuvsbm!
sftpvsdft!tfswjdf!qspwjefs!up!jnqmfnfou!qsftdsjcfe!sftupsbujpo!bdujwjujft/!
o Pwfstff!jnqmfnfoubujpo!pg!xpslqmbo!cz!tfswjdf!qspwjefs!boe!bdu!po!Djuzt!cfibmg!pwfs!dpvstf!pg!
jnqmfnfoubujpo/
o Dppsejobuf!tufxbsetijq!fwfou)t*/
Dppsejobujpo!pg!dpousbdufe!xpsl-!jodmvejoh!cvu!opu!mjnjufe!up;
o Jowbtjwf!usff!'!tisvc!sfnpwbm!bdsptt!uif!tjuf!vujmj{joh!nvmujqmf!sfnpwbm-!ejtqptbm-boe!usfbunfou!ufdiojrvft/
o 4!zfbst!pg!jowbtjwf!tffemjoh-!tbqmjoh-!boe!sftqspvu!gpmmpx!vq!nbobhfnfou!xjui!gbmm!gpmjbs/!
o Tffejoh!pg!jogftufe!bsfbt!xjui!obujwf!hsbtt!njy!gps!cvdluipso!gpmmpx!vq/!efmbzfe!2!¾!zfbst!bgufs!boz!
cjpdibs!tqsfbe!po!tjuf/!
Dppsejobujpo!boe!gbdjmjubujpo!pg!pof!wpmvouffs!fwfou!gps!ibcjubu!foibodfnfou!)61.211!wpmvouffst*/
Bmm!sfrvjsfe!tubuf!hsbou!benjojtusbujpo-!zfbsmz!bvejujoh-!cjboovbm!sfqpsujoh-!boe!sfrvjsfe!tupsbhf!pg!hsbou!sfmbufe!
epdvnfout!gps!8!zfbst!bgufs!dpnqmfujpo/
Uif!Mboepxofsbhsfft!up!qspwjef!uif!gpmmpxjoh!mjtu!pg!tfswjdft!gpsuif!qspkfdu;
Bddftt!up!tjuf!cz!HSH!ps!tvcdpousbdupst/
Dppsejobujpo!boe!bqqspwbm!pg!Qspkfdu!bdujwjujft!dpotjtufou!xjui!uif!Djuzqmbot-!hpbmt!boe!qpmjdjft/
Sftjefouboe!qbsl!vtfsopujgjdbujpo!boe!tjhobhf!bt!bqqspqsjbuf!gps!dpnnvojdbujpo!up!uif!qvcmjd/
Jo.ljoe!Mboepxofs!ps!wpmvouffs!mbcps!ps!bttjtubodf!bt!bhsffe!vqpo!up!gbdjmjubuf!ubtlt!sfrvjsfe!gps!uif!dpnqmfujpo!pg!
uif!qspkfdu!xijdi!puifsxjtf!xpvme!ibwf!cffo!qbje!gps!cz!uif!hsbou/!Jg!jo.ljoe!jt!qspwjefe-!uif!Mboepxofs!xjmm!tvcnju!
b!nfnpsboevn!tvnnbsj{joh!uif!wbmvf!pg!tfswjdft!qspwjefe-!op!mftt!uibo!41!ebzt!bgufs!dpnqmfujpo/
Bmm!qmbot-!tqfdjgjdbujpot!boe!epdvnfout!xjmm!cf!tibsfe!xjui!uif!Mboepxofs!gps!epdvnfoubujpo!pg!xpsl!boe!gps!cvjmejoh!
gvuvsf!tubgg!lopxmfehf/!Dpousbdufe!xpsl!qmbo)t*!tvckfdu!up!dibohf!gspn!bcpwf!boe!xjmm!pomz!hp!gpsxbse!xjui!qsjps!
bvuipsj{bujpo!gspn!uif!Mboepxofs/
5/Effective Date of Contract
Uijt!bhsffnfou!tibmm!cf!fggfdujwf!po!uif!ebuf!uif!bhsffnfou!ibt!cffo!gvmmz!fyfdvufe!cz!bmm!qbsujft//
6/Term of Contract
th
Uijt!bhsffnfou!tibmm!sfnbjo!jo!fggfdu!voujm!June 30, 2030-ps!voujm!bmm!pcmjhbujpot!tfu!gpsui!jo!uijt!bhsffnfou!ibwf!
cffo!tbujtgbdupsjmz!gvmgjmmfe!ps!vomftt!fbsmjfs!ufsnjobufe!bt!qspwjefe-!xijdifwfs!pddvst!gjstu/
7/Notices
Uif!Mboepxofstibmm!bqqpjou!bo!bvuipsj{fe!bhfou!gps!uif!qvsqptf!pg!benjojtusbujpo!pg!uijt!bhsffnfou/!HSH!jt!opujgjfe!
pg!uif!bvuipsj{fe!bhfou!pg!uif!Mboepxofsbt!gpmmpxt;
City of FridleyGreat River Greening
Authorized ContactAuthorized Contact
Njlf!NbifsFwfmzo!Npsbo
AddressAddress
8182!Vojwfstjuz!Bwfovf!OF362!Tubslfz!Tusffu-!Tvjuf!3311
Gsjemfz-!NO!66543Tu!Qbvm-!NO!66218
Phone NumberPhone Number
)874*683.4686)762*!358.567:
Email AddressEmail Address
Njlf/nbifsAgsjemfzno/hpwfnpsboAhsfbusjwfshsffojoh/psh
3:8
Jufn!8/
8/Partnerand State Audit
Qvstvbou!up!Njoo/!Tubu/!Tfdujpo!27D/16-!Tvce/!6!)3118*-!uif!cpplt-!sfdpset-!epdvnfout-!boe!bddpvoujoh!qspdfevsft!
boe!qsbdujdft!pg!HSH!sfmbujwf!up!uijt!bhsffnfou!tibmm!cf!tvckfdu!up!fybnjobujpo!cz!uif!Mboepxofsboe!uif!Tubuf!
Bvejups/!!Dpnqmfuf!boe!bddvsbuf!sfdpset!pg!uif!xpsl!qfsgpsnfe!qvstvbou!up!uijt!bhsffnfou!tibmm!cf!lfqu!cz!HSHgps!b!
njojnvn!pg!tjy!)7*!zfbst!gpmmpxjoh!ufsnjobujpo!pg!uijt!bhsffnfou!gps!tvdi!bvejujoh!qvsqptft/!!Uif!sfufoujpo!qfsjpe!
tibmm!cf!bvupnbujdbmmz!fyufoefe!evsjoh!uif!dpvstf!pg!boz!benjojtusbujwf!ps!kvejdjbm!bdujpo!jowpmwjoh!uif!Mboepxofs!
sfhbsejoh!nbuufst!up!xijdi!uif!sfdpset!bsf!sfmfwbou/!!Uif!sfufoujpo!qfsjpe!tibmm!cf!bvupnbujdbmmz!fyufoefe!voujm!uif!
benjojtusbujwf!ps!kvejdjbm!bdujpo!jt!gjobmmz!dpnqmfufe!ps!voujm!uif!bvuipsj{fe!bhfou!pg!uif!Mboepxofs!opujgjft!HSHjo!
xsjujoh!uibu!uif!sfdpset!offe!op!mpohfs!cf!lfqu/
9/Indemnity
HSHbhsfft!up!efgfoe-!joefnojgz-!boe!ipme!uif!Mboepxofs-!jut!fnqmpzfft!boe!pggjdjbmt!ibsnmftt!gspn!boz!dmbjnt-!
efnboet-!bdujpot!ps!dbvtft!pg!bdujpo-!jodmvejoh!sfbtpobcmf!buupsofzt!gfft!boe!fyqfotft!sftvmujoh!ejsfdumz!ps!
joejsfdumz!gspn!boz!ofhmjhfou!bdu!ps!pnjttjpo!po!uif!qbsu!pg!uif!HSH-!ps!jut!tvcdpousbdupst-!qbsuofst!ps!joefqfoefou!
dpousbdupst!ps!boz!pg!uifjs!bhfout!ps!fnqmpzfft-!jo!uif!qfsgpsnbodf!pg!ps!xjui!sfmbujpo!up!boz!pg!uif!xpsl!ps!tfswjdft!up!
cf!qfsgpsnfe!ps!gvsojtife!cz!uif!wfoeps!ps!uif!tvcdpousbdupst-!qbsuofst!ps!joefqfoefou!dpousbdupst!ps!boz!pg!uifjs!
bhfout!ps!fnqmpzfft!voefs!uif!bhsffnfou/!
HSHtibmm!cf!sftqpotjcmf!gps!uif!qspgfttjpobm!rvbmjuz-!ufdiojdbm!bddvsbdz-!boe!uif!dppsejobujpo!pg!bmm!tfswjdft!
gvsojtife!cz!HSHvoefs!uijt!bhsffnfou/!!HSHtibmm-!xjuipvu!beejujpobm!dpnqfotbujpo-!dpssfdu!ps!sfwjtf!boz!fsspst!ps!
efgjdjfodjft!jo!HSH(t!gjobm!sfqpsut!boe!tfswjdft/
:/Insurance
HSHtibmm!opu!dpnnfodf!xpsl!voefs!uijt!bhsffnfou!voujm!ju!ibt!pcubjofe-!bu!jut!pxo!dptu!boe!fyqfotf-!bmm!jotvsbodf!
sfrvjsfe!ifsfjo/!!Bmm!jotvsbodf!dpwfsbhf!jt!tvckfdu!up!bqqspwbm!pg!uif!Mboepxofsboe!tibmm!cf!nbjoubjofe!cz!HSHvoujm!
gjobm!dpnqmfujpo!pg!uif!xpsl/
b/Workers' Compensation
2*Tubuf;!!Njooftpub!Tubuvupsz
3*Fnqmpzfs(t!Mjbcjmjuz!xjui!njojnvn!mjnjut!pg;
Cpejmz!Jokvsz!cz!Bddjefou;%211-111!fbdi!Bddjefou
Cpejmz!Jokvsz!cz!Ejtfbtf;%211-111!fbdi!Fnqmpzff
Cpejmz!Jokvsz!cz!Ejtfbtf;%611-111!qpmjdz!mjnju
4*Cfofgjut!sfrvjsfe!cz!vojpo!mbcps!dpousbdut;!bt!bqqmjdbcmf
Jo!uif!fwfou!HSHjt!b!tpmf!qspqsjfups!boe!ibt!opu!fmfdufe!up!qspwjef!xpslfst(!dpnqfotbujpo!jotvsbodf-!HSH!tibmm!cf!
sfrvjsfe!up!fyfdvuf!boe!tvcnju!bo!bggjebwju!pg!tpmf!qspqsjfupstijq!jo!b!gpsn!tbujtgbdupsz!up!uif!Mboepxofscfgpsf!
foufsjoh!joup!uif!bhsffnfou/
c/CommercialGeneral Liability
Jodmvejoh!Qsfnjtft-!Pqfsbujpot-!Qspevdut-!Dpnqmfufe!Pqfsbujpot-!Bewfsujtjoh-!boe!Qfstpobm!Jokvsz!Mjbcjmjuz-!xjui!uif!
gpmmpxjoh!njojnvn!mjnjut!pg!mjbcjmjuz;
%3-111-111!Bhhsfhbuf
%3-111-111!Qspevdut!'!Dpnqmfufe!Pqfsbujpot!Bhhsfhbuf
%2-111-111!Qfstpobm!Jokvsz!'!Bewfsujtjoh!Jokvsz
%2-111-111!Pddvssfodf
%!!!211-111!Gjsf!Ebnbhf!Mjnju
%!!!!!!!6-111!Nfejdbm!Fyqfotf
Qpmjdz!tipvme!cf!xsjuufo!po!bo!pddvssfodf!cbtjt!boe!jodmvef!fyqmptjpo-!dpmmbqtf!boe!voefshspvoe/
d/Commercial Auto Liability
Bvupnpcjmf!Mjbcjmjuz!tipvme!jodmvef!Ijsfe!boe!Opo.Pxofe-!boe!uif!Mboepxofs!tipvme!cf!obnfe!bt!bo!beejujpobm!
jotvsfe/
Njojnvn!mjnjut!pg!mjbcjmjuz!tibmm!cf;
3:9
Jufn!8/
Jg!tqmju!mjnjut;%2-111-111!fbdi!qfstpo0%2-111-111!fbdi!pddvssfodf!gps!Cpejmz!Jokvsz
%2-111-111!fbdi!pddvssfodf!gps!Qspqfsuz!Ebnbhf
Jg!dpncjofe!tjohmf!mjnju;%2-111-111!qfs!pddvssfodf
e/Proof of Insurance
Jotvsbodf!dfsujgjdbuft!fwjefodjoh!uibu!uif!bcpwf!jotvsbodf!jt!jo!gpsdf!xjui!dpnqbojft!bddfqubcmf!up!Mboepxofsboe!jo!
uif!bnpvout!sfrvjsfe!tibmm!cf!tvcnjuufe!up!Mboepxofsgps!fybnjobujpo!boe!bqqspwbm!qsjps!up!uif!fyfdvujpo!pg!uif!
bhsffnfou-!bgufs!xijdi!uifz!tibmm!cf!gjmfe!xjui!Mboepxofs/The insurance certificate shall name the Landowner as
an additional insured and specifically provide that a certificate shall not be materially changed, canceled or
non-renewed except upon sixty (60) days prior written notice to Landowner.Ofjuifs!Mboepxofsgbjmvsf!up!
sfrvjsf!ps!jotjtu!vqpo!dfsujgjdbuft-!ops!puifs!fwjefodf!pg!b!wbsjbodf!gspn!uif!tqfdjgjfe!dpwfsbhf!sfrvjsfnfout-!bnfoet!
HSHtsftqpotjcjmjuz!up!dpnqmz!xjui!uif!jotvsbodf!tqfdjgjdbujpot/
21/Subcontracts
HSH!tibmm!fotvsf!boe!sfrvjsf!uibu!boz!tvcdpousbdups!bhsfft!up!boe!dpnqmjft!xjui!bmm!pg!uif!ufsnt!pg!uijt!bhsffnfou/!
Boz!tvcdpousbdups!pg!HSH!vtfe!up!qfsgpsn!boz!qpsujpo!pg!uijt!bhsffnfou!tibmm!sfqpsu!up!boe!cjmm!HSH!ejsfdumz/!HSH!
tibmm!cf!tpmfmz!sftqpotjcmf!gps!uif!csfbdi-!qfsgpsnbodf!ps!opoqfsgpsnbodf!pg!boz!tvcdpousbdups/
22/Force Majeure
Mboepxofsboe!HSHbhsff!uibu!HSHtibmm!opu!cf!mjbcmf!gps!boz!efmbz!ps!jobcjmjuz!up!qfsgpsn!uijt!bhsffnfou-!ejsfdumz!ps!
joejsfdumz!dbvtfe!cz-!ps!sftvmujoh!gspn-!tusjlft-!mbcps!uspvcmft-!bddjefout-!gjsf-!gmppe-!csfblepxot-!xbs-!sjpu-!djwjm!
dpnnpujpo-!mbdl!pg!nbufsjbm-!efmbzt!pg!usbotqpsubujpo-!bdut!pg!Hpe!ps!puifs!dbvtf!cfzpoe!sfbtpobcmf!dpouspm!pg!HSH!
boe!uif!Mboepxofs/
23/Data Practices
HSH-!jut!bhfout-!fnqmpzfft!boe!boz!tvcdpousbdupst!pg!HSH-!jo!qspwjejoh!bmm!tfswjdft!ifsfvoefs-!bhsff!up!bcjef!cz!
uif!qspwjtjpot!pg!uif!Njooftpub!Hpwfsonfou!Ebub!Qsbdujdft!Bdu-!Njoo/!Tubu/!Di/!24-!bt!bnfoefe-!boe!Njoo/!Svmft!
qspnvmhbufe!qvstvbou!up!Di/!24/!!HSHvoefstuboet!uibu!ju!nvtu!dpnqmz!xjui!uiftf!qspwjtjpot!bt!jg!ju!xfsf!b!
hpwfsonfou!foujuz/!!HSHbhsfft!up!joefnojgz!boe!ipme!uif!Mboepxofs-!jut!pggjdfst-!efqbsunfou!ifbet!boe!fnqmpzfft!
ibsnmftt!gspn!boz!dmbjnt!sftvmujoh!gspn!HSHt!vombxgvm!ejtdmptvsf-!gbjmvsf!up!ejtdmptf!ps!vtf!pg!ebub!qspufdufe!voefs!
tubuf!boe!gfefsbm!mbxt/
24/Termination
Uijt!bhsffnfou!nbz!cf!ufsnjobufe!cz!fjuifs!qbsuz-!xjui!ps!xjuipvu!dbvtf!vqpo!41!ebzt!xsjuufo!opujdf!up!HSHps!uif!
Bvuipsj{fe!Bhfou!pg!uif!Mboepxofs/
25/Independent Contractor
Ju!jt!bhsffe!uibu!opuijoh!dpoubjofe!jo!uijt!bhsffnfou!jt!joufoefe!ps!tipvme!cf!dpotusvfe!bt!dsfbujoh!uif!sfmbujpotijq!pg!
b!qbsuofstijq-!kpjou!wfouvsf-!ps!bttpdjbujpo!xjui!uif!Mboepxofs!boeHSH/HSHjt!bo!joefqfoefou!dpousbdups-!boe!ju-!
jut!fnqmpzfft-!bhfout-!tvcdpousbdupst-!boe!sfqsftfoubujwft!tibmm!opu!cf!dpotjefsfe!fnqmpzfft-!bhfout!ps!
sfqsftfoubujwft!pg!uif!Mboepxofs/Fydfqu!bt!puifsxjtf!qspwjefe!ifsfjo-!HSHtibmm!nbjoubjo-!jo!bmm!sftqfdut-!jut!
qsftfou!dpouspm!pwfs!uif!nfbot!boe!qfstpoofm!cz!xijdi!uijt!bhsffnfou!jt!qfsgpsnfe/!!Gspn!boz!bnpvout!evf!up!HS-
uifsf!tibmm!cf!op!efevdujpo!gps!gfefsbm!jodpnf!uby-!GJDB!qbznfout-!tubuf!jodpnf!uby-!ps!gps!boz!puifs!qvsqptft!xijdi!
bsf!bttpdjbufe!xjui!bo!fnqmpzfs0fnqmpzff!sfmbujpotijq!vomftt!puifsxjtf!sfrvjsfe!cz!mbx/Qbznfou!pg!gfefsbm!jodpnf!
uby-!GJDB!qbznfout-!tubuf!jodpnf!uby-!vofnqmpznfou!dpnqfotbujpo!ubyft-!boe!puifs!qbzspmm!efevdujpot!boe!ubyft!
bsf!uif!tpmf!sftqpotjcjmjuz!pg!HSH/
26/Notices
Boz!opujdft!up!cf!hjwfo!voefs!uijt!bhsffnfou!tibmm!cf!hjwfo!cz!fodmptjoh!uif!tbnf!jo!b!tfbmfe!fowfmpqf-!qptubhf!
qsfqbje-!boe!efqptjujoh!uif!tbnf!xjui!uif!Vojufe!Tubuft!Qptubm!Tfswjdf-!beesfttfe!up!HSHbu!jut!beesftt!tubufe!
ifsfjo-!boe!up!uif!bvuipsj{fe!bhfou!pg!uif!Mboepxofs!bu!uif!beesftt!tubufe!ifsfjo/
27/Controlling Law
Uif!mbxt!pg!uif!Tubuf!pg!Njooftpub!tibmm!hpwfso!bmm!rvftujpot!boe!joufsqsfubujpot!dpodfsojoh!uif!wbmjejuz!boe!
dpotusvdujpo!pg!uijt!bhsffnfou-!uif!mfhbm!sfmbujpot!cfuxffo!uif!qbsujft!boe!qfsgpsnbodf!voefs!uif!bhsffnfou/!!Uif!
bqqspqsjbuf!wfovf!boe!kvsjtejdujpo!gps!boz!mjujhbujpo!ifsfvoefs!xjmm!cf!uiptf!dpvsut!mpdbufe!xjuijo!uif!Dpvouz!ps!
Mboepxofs-!Tubuf!pg!Njooftpub/!Mjujhbujpo-!ipxfwfs-!jo!uif!gfefsbm!dpvsut!jowpmwjoh!uif!qbsujft!xjmm!cf!jo!uif!
bqqspqsjbuf!gfefsbm!dpvsu!xjuijo!uif!Tubuf!pg!Njooftpub/!!Jg!boz!qspwjtjpo!pg!uijt!dpousbdu!jt!ifme!jowbmje-!jmmfhbm!ps!
vofogpsdfbcmf-!uif!sfnbjojoh!qspwjtjpot!xjmm!opu!cf!bggfdufe/
3::
Jufn!8/
28/Successors and Assigns
Uif!MboepxofsboeHSH-!sftqfdujwfmz-!cjoe!uifntfmwft-!uifjs!qbsuofst-!tvddfttpst-!bttjhot-!boe!mfhbm!
sfqsftfoubujwft!up!uif!puifs!qbsuz!up!uijt!bhsffnfou!boe!up!uif!qbsuofst-!tvddfttpst-!bttjhot-!boe!mfhbm!
sfqsftfoubujwft!pg!tvdi!puifs!qbsuz!xjui!sftqfdu!up!bmm!dpwfobout!pg!uijt!bhsffnfou/!Ofjuifs!uif!Mboepxofsops!HSH
tibmm!bttjho-!tvcmfu-!ps!usbotgfs!boz!joufsftu!jo!uijt!bhsffnfou!xjuipvu!uif!qsjps!xsjuufo!dpotfou!pg!uif!puifs/
29/Equal Employment and Americans with Disabilities
Jo!dpoofdujpo!xjui!uif!xpsl!voefs!uijt!bhsffnfou-!HSH!bhsfft!up!dpnqmz!xjui!uif!bqqmjdbcmf!qspwjtjpot!pg!tubuf!boe!
gfefsbm!frvbm!fnqmpznfou!pqqpsuvojuz!boe!opoejtdsjnjobujpo!tubuvuft!boe!sfhvmbujpot/!Gbjmvsf!po!uif!qbsu!pg!HSH!up!
dpoevdu!jut!pxo!fnqmpznfouqsbdujdft!jo!bddpsebodf!xjui!bqqmjdbcmf!mbxt!nbz!sftvmu!jo!uif!xjuiipmejoh!pg!bmm!ps!qbsu!pg!
sfhvmbs!qbznfout!cz!uif!Djuzevf!voefs!uijt!bhsffnfou!vomftt!ps!voujm!HSH!dpnqmjft!xjui!uif!Qbsuofs!qpmjdz-!boe0ps!
tvtqfotjpo!ps!ufsnjobujpo!pg!uijt!bhsffnfou/
2:/Changes
Uif!qbsujft!bhsff!uibu!op!dibohf!ps!npejgjdbujpo!up!uijt!bhsffnfou-!ps!boz!buubdinfout!ifsfup-!tibmm!ibwf!boz!gpsdf!
ps!fggfdu!vomftt!uif!dibohf!jt!sfevdfe!up!xsjujoh-!ebufe-!boe!nbef!qbsu!pg!uijt!bhsffnfou/!!Uif!fyfdvujpo!pg!uif!
dibohf!tibmm!cf!bvuipsj{fe!boe!tjhofe!jo!uif!tbnf!nboofs!bt!gps!uijt!bhsffnfou/
31/Severability
Jo!uif!fwfou!boz!qspwjtjpo!pg!uijt!bhsffnfou!tibmm!cf!ifme!jowbmje!boe!vofogpsdfbcmf-!uif!sfnbjojoh!qspwjtjpot!tibmm!cf!
wbmje!boe!cjoejoh!vqpo!uif!qbsujft!vomftt!tvdi!jowbmjejuz!ps!opo.fogpsdfbcjmjuz!xpvme!dbvtf!uif!bhsffnfou!up!gbjm!jut!
qvsqptf/!!Pof!ps!npsf!xbjwfst!cz!fjuifs!qbsuz!pg!boz!qspwjtjpo-!ufsn-!dpoejujpo!ps!dpwfobou!tibmm!opu!cf!dpotusvfe!cz!
uif!puifs!qbsuz!bt!b!xbjwfs!pg!b!tvctfrvfou!csfbdi!pg!uif!tbnf!cz!uif!puifs!qbsuz/
32/Entire Agreement
Ju!jt!voefstuppe!boe!bhsffe!uibu!uif!foujsf!bhsffnfou!pg!uif!qbsujft!jt!dpoubjofe!ifsfjo!boe!uibu!uijt!bhsffnfou!
tvqfstfeft!bmm!psbm!bhsffnfout!boe!ofhpujbujpot!cfuxffo!uif!qbsujft!sfmbujoh!up!uif!tvckfdu!nbuufs!ifsfpg!bt!xfmm!bt!
boz!qsfwjpvt!bhsffnfout!qsftfoumz!jo!fggfdu!cfuxffo!uif!Mboepxofs!boe!HSHsfmbujoh!up!uif!tvckfdu!nbuufs!ifsfpg/
JO!XJUOFTT!XIFSFPG-!uif!qbsujft!ibwf!dbvtfe!uijt!bhsffnfou!up!cf!evmz!fyfdvufe!joufoejoh!up!cf!cpvoe!uifsfcz/
CITY OF FRIDLEY
CZ;```````````````````````````
OBNF;```````````````````````````
UJUMF;```````````````````````````
EBUF;```````````````````````````
GREAT RIVER GREENING;
CZ;```````````````````````````
Lbufsj!Spvui
OBNF;
UJUMF;Fyfdvujwf!Ejsfdups
EBUF;```````````````````````````
Grant Manager Initials:RT 07/24/2025
Conservation Director Initials: TR 7/25/25
Director of Finance Initials: HT!1803403136
411
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EXHIBIT A: State of Minnesota –ML 2025Outdoor Heritage Fund
Metro Big Rivers 15
GranteeLandowner
Hsfbu!Sjwfs!HsffojohDjuz!pg!Gsjemfz
Voefs!NM!3136-!Di/!37-!Bsu/!2-!Tfd/!3-!tvce/6)j*-!Nfusp!Cjh!Sjwfst!26-%7-8:4-111!uif!gjstu!zfbs!jt!up!uif!dpnnjttjpofs!pg!obuvsbm!
sftpvsdft!gps!bhsffnfout!up!bdrvjsf!mboe!jo!gff!boe!qfsnbofou!dpotfswbujpo!fbtfnfout!boe!up!sftupsf!boe!foibodf!obuvsbm!
ibcjubu!tztufnt!bttpdjbufe!xjui!uif!Njttjttjqqj-!Njooftpub-!boe!Tu/!Dspjy!Sjwfst!boe!uifjs!usjcvubsjft!jo!uif!nfuspqpmjubo!bsfb!bt!
gpmmpxt;%:86-111!up!Hsfbu!Sjwfs!Hsffojoh/
Bt!b!tvc.sfdjqjfou!pg!uijt!gvoejoh-!uif!Mboepxofs!jt!tvckfdu!up!uif!ufsnt!cfmpx;!
COMPLIANCE
Uif!Mboepxofs!bdlopxmfehft!uibu!uiftf!gvoet!bsf!qspdffet!gspn!uif!Tubuf!pg!Njooftpub!Pvuepps!Ifsjubhf!Gvoe-!xijdi!jt!
tvckfdu!up!dfsubjo!mfhbm!sftusjdujpot!boe!sfrvjsfnfout-!jodmvejoh!Njooftpub!Tubuvuft!Dibqufs!227Q/!Uif!Mboepxofs!jt!
sftqpotjcmf!gps!dpnqmjbodf!xjui!uijt!boe!bmm!puifs!sfmfwbou!tubuf!boe!gfefsbm!mbxt!boe!sfhvmbujpot!jo!uif!gvmgjmmnfou!pg!uif!
Qspkfdu/
LIABILITY
Uif!Mboepxofs!nvtu!joefnojgz-!tbwf-!boe!ipme!uif!Tubuf-!jut!bhfout-!boe!fnqmpzfft!ibsnmftt!gspn!boz!dmbjnt!ps!dbvtft!
pg!bdujpo-!jodmvejoh!buupsofzt!gfft!jodvssfe!cz!uif!Tubuf-!bsjtjoh!gspn!uif!qfsgpsnbodf!pg!uijt!hsbou!bhsffnfou!cz!uif!
Hsbouff!ps!uif!Hsboufft!bhfout!ps!fnqmpzfft/!Uijt!dmbvtf!xjmm!opu!cf!dpotusvfe!up!cbs!boz!mfhbm!sfnfejft!uif!Hsbouff!
nbz!ibwf!gps!uif!Tubuf(t!gbjmvsf!up!gvmgjmm!jut!pcmjhbujpot!voefs!uijt!hsbou!bhsffnfou/
ACCESS AND MONITORING
Uif!Mboepxofs!bhsfft!up!bmmpx!uif!Sfdjqjfou!boe!uif!Tubuf!bddftt!bu!boz!ujnf!up!dpoevdu!qfsjpejd!tjuf!wjtjut!boe!
jotqfdujpot!up!fotvsf!xpsl!qsphsftt!jo!bddpsebodf!xjui!uijt!hsbou!bhsffnfou-!jodmvejoh!b!gjobm!jotqfdujpo!vqpo!qsphsbn!
dpnqmfujpo/!Bu!mfbtu!pofnpojupsjoh!wjtju!qfs!hsbou!qfsjpe!po!bmm!tubuf!hsbout!pg!pwfs!%61-111!xjmm!cf!dpoevdufe!boe!bu!mfbtu!
boovbm!npojupsjoh!wjtjut!po!hsbout!pg!pwfs!%361-111/!
Gpmmpxjoh!dmptvsf!pg!uif!qsphsbn-!uif!Tubuft!bvuipsj{fe!sfqsftfoubujwft!tibmm!cf!bmmpxfe!up!dpoevdu!qptu.dpnqmfujpo!
jotqfdujpot!pg!uif!tjuf!up!fotvsf!uibu!uif!tjuf!jt!cfjoh!qspqfsmz!pqfsbufe!boe!nbjoubjofe!boe!uibu!op!dpowfstjpo!pg!vtf!ibt!
pddvssfe/
ACKNOWLEDGMENTS ANDENDORSEMENT
Acknowledgment.Uif!Mboepxofs!nvtu!bdlopxmfehf!gjobodjbm!tvqqpsu!gspn!uif!Pvuepps!Ifsjubhf!Gvoe!jo!qsphsbn!
qvcmjdbujpot-!tjhobhf!boe!puifs!qvcmjd!dpnnvojdbujpo!boe!pvusfbdi!sfmbufe!up!xpsl!dpnqmfufe!vtjoh!uif!bqqspqsjbujpo/!
Bdlopxmfehnfou!nbz!pddvs-!bt!bqqspqsjbuf-!uispvhi!vtf!pg!uif!gvoe!mphp!ps!jodmvtjpo!pg!mbohvbhf!buusjcvujoh!tvqqpsu!gspn!
uif!gvoe/!Uif!bdlopxmfehfnfou!xjmm!dpoubjo!uif!gpmmpxjoh!mbohvbhf!boe0ps!mphp)t*;
Gvoejoh!qspwjefe!gspn!uif!Pvuepps!Ifsjubhf!Gvoe!bt!qbsu!pg!uif!Dmfbo!Xbufs-!Mboe-!'!Mfhbdz!Bnfoenfou/
Mboepxofs!bhsfft!up!nbjoubjo!tjhot!jotubmmfe!cz!HSH!bu!uif!qspkfdu!tjuf!uibu!jodmveft!uijt!mphp!boe!xjmm!jodmvef!ju!jo!
qfsnbofou!tjhobhf!jotubmmfe!cz!Mboepxofs/!
Endorsement/!Uif!Mboepxofs!nvtu!opu!dmbjn!uibu!uif!Tubuf!foepstft!jut!qspevdut!ps!tfswjdft/!
ECOLOGICAL AND RESTORATION PLAN
Gps!bmm!sftupsbujpot-!uif!Hsbouff!jo!dppsejobujpo!xjui!uif!Mboepxofs!nvtu!qsfqbsf!boe!sfubjo!bo!fdpmphjdbm!sftupsbujpo!boe!
nbobhfnfou!qmbo!uibu-!up!uif!efhsff!qsbdujdbcmf-!jt!dpotjtufou!xjui!dvssfou!dpotfswbujpo!tdjfodf!boe!fdpmphjdbm!hpbmt!gps!
uif!sftupsbujpo!tjuf/!Dpotjefsbujpo!tipvme!cf!hjwfo!up!tpjm-!hfpmphz-!upqphsbqiz-!boe!puifs!sfmfwbou!gbdupst!uibu!xpvme!
qspwjef!uif!cftu!dibodf!gps!mpoh.ufsn!tvddftt!boe!evsbcjmjuz!pg!uif!sftupsbujpo/!Uif!qmbo!nvtu!jodmvef!uif!qspqptfe!
ujnfubcmf!gps!jnqmfnfoujoh!uif!sftupsbujpo-!jodmvejoh-!cvu!opu!mjnjufe!up-!tjuf!qsfqbsbujpo-!ftubcmjtinfou!pg!ejwfstf!qmbou!
tqfdjft-!nbjoufobodf-!boe!beejujpobm!foibodfnfou!up!ftubcmjti!uif!sftupsbujpo<!jefoujgz!mpoh.ufsn!nbjoufobodf!boe!
nbobhfnfou!offet!pg!uif!sftupsbujpo!boe!ipx!uif!nbjoufobodf-!nbobhfnfou-!boe!foibodfnfou!xjmm!cf!gjobodfe<!boe!vtf!
dvssfou!dpotfswbujpo!tdjfodf!up!bdijfwf!uif!cftu!sftupsbujpo/
LONG TERM MANAGEMENT
Bt!b!qbsuofs!xjui!Hsfbu!Sjwfs!Hsffojoh-!uif!Mboepxofs!dpnnjut!up!nbjoubjojoh!uif!jowftunfou!qvu!gpsxbse!pwfs!ujnf/
412
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LONG TERM RESTORATION
Uif!Mboepxofs!bdlopxmfehft!uif!mpoh!ufsn!nbjoufobodf!boe!foibodfnfou!offet!pg!uif!sftupsbujpo!qspdftt!up!bdijfwf!
sftupsbujpo!hpbmt/!Uif!Mboepxofs!bhsfft!up!nbjoubjo!sftupsbujpo!gps!b!njojnvn!pg!21!zfbst/!Uif!Sfdjqjfou!bhsfft!up!nblf!
sfbtpobcmf!hppe!gbjui!fggpsu!up!tjhojgjdboumz!dpousjcvuf!up!uif!tvddfttgvm!nbjoufobodf!pg!uif!qspkfdu/
Jg!uif!Mboepxofs)t*!tipvme!gbjm!up!nbjoubjo!uif!ibcjubu!sftupsbujpo!gps!21!zfbst-!uifo!uif!Mboepxofs)t*!bhsfft!up!sfjncvstf!
uif!Njooftpub!Pvuepps!Ifsjubhf!Gvoe!gps!uif!qsp.sbufe!dptut!pg!bmm!ibcjubu!sftupsbujpo!qspkfdut!qmbdfe!po!uif!eftdsjcfe!mboe!
uispvhiuijt!Bhsffnfou/
PROTECTED LAND
Mboepxofs!uftujgjft!uibu!uif!sftupsbujpo!qspkfdu!jt!po!mboe!qfsnbofoumz!qspufdufe!cz!b!dpotfswbujpo!fbtfnfou!ps!qvcmjd!
pxofstijq!ps!jo!qvcmjd!xbufst!bt!efgjofe!jo!Njooftpub!Tubuvuft-!tfdujpo!214H/116-!tvcejwjtjpo!26<!boe!xjmm!qspwjef!
sfbtpobcmf!xsjuufo!epdvnfoubujpo!pg!tvdi!qspufdujpo/
RESTORATION AND ENHANCEMENT GUIDELINES
Sfdjqjfou!boe!Mboepxofs!qsbdujdft!tibmm!dpnqmz!jo!fwfsz!sftqfdu!xjui;
EOS!Qpmmjobups!Cftu!Nbobhfnfou!Qsbdujdft!boe!Ibcjubu!Sftupsbujpo!Hvjefmjoft
(iuuq;00gjmft/eos/tubuf/no/vt0obuvsbm`sftpvsdft0oqd03125`esbgu`qpmmjobups`cnq`hvjefmjoft/qeg*<!boe
Njooftpub!Cpbse!pg!Xbufs!'!Tpjm!Sftpvsdft!Obujwf!Wfhfubujpo!Ftubcmjtinfou!boe!Foibodfnfou!Hvjefmjoft!
)iuuqt;00cxts/tubuf/no/vt0tjuft0efgbvmu0gjmft0312:.180Vqebufe&31hvjefmjoft&31Gjobm&3118.12.2:/qegKbovbsz!312:!
wfstjpo*
NO.EOS!Pqfsbujpobm!Psefs!$224!Jowbtjwf!Tqfdjft!
)iuuq;00gjmft/eos/tubuf/no/vt0bttjtubodf0hsbout0ibcjubu0ifsjubhf0pqpsefs`224/qeg*
NO.EOS!Pqfsbujpobm!Psefs!$6:!Qftujdjef!boe!Qftu!Dpouspm!
)iuuq;00gjmft/eos/tubuf/no/vt0bttjtubodf0hsbout0ibcjubu0ifsjubhf0pqpsefs`6:/qeg*<
NO.EOS!Ejwjtjpo!pg!Gjti!boe!Xjmemjgf!Qftu!boe!Qftu!Dpouspm!Hvjefmjoft!
)iuuq;00gjmft/eos/tubuf/no/vt0bttjtubodf0hsbout0ibcjubu0ifsjubhf0gbx`qftu/qeg*<
413
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EXHIBIT B: PROJECT MAP
Jootcsvdl!Qbsl-Gsjemfz-!NO
Upubm!Qspkfdu!Bdsft;!33/36
Xppemboe!Foibodfnfou!boe!Obujwf!Ftubcmjtinfou
414