Pub of Ordinances 131-133, 135-136461
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All ORDINATIrF. R1' URT1 P900r OP MWICiAl, Rj
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The City Council of the Cittj of Shorewood ordains:
Section 1. Any nerson or cornoration licensed to sell retail
intoxicating liqtior at on sale or off sale, non - intoxicating malt
liquor at on sale or off sale, or special on sale wine shall on and
after Plarch 1, 1983 demonstate proof of financial responsibility with
regard to liability imposed by r1innesota Statutes Section .340.9 to
the Commissioner Of Public Safety as a condition of the continuance,
issuance or renewal of his license. Proof of financial responsiblity
may be given by filing: (a) a certificate that there is in effect
an insurance policy or pool providing for the followinq minimum
coverages; (1) $50,000 because of bodily injury to any one person in
any one occurrence and subject to the limit of one nerson in the
amount of S100,000 because of bodill , ' injury to two or more persons in
any one occurrence in the amount of 1 510,000 because of injnry to or
destruction of property of others in any one occurrence; (?) S50,000
for loss of means of support of anv one person in an one occurrence
and subject to the limit of one person $100,0n0 for loss of means of
support of two or more persons in anv one occurrence; or (h) a bond
of a surety cornpanv with mimimum coverages as provided in Clause A or;
• (c) a certificate of the State Treasurer that the -I.ic(-n.-,( has
deposited with him a $100,n0O in cash or securities which may leqall
be purchased by savings hanks or for the trust funds having a market
value of $100,000.
Section 2. The operation of anv of the above listed licensed
businesses without having on file at all times on and after 'larch 1,
1983 with the City Clerk the liability insurance T)olic hereinabove
referred to, shall immediately and without prior notice to the
licensee and without action of the Citv Council, revoke anv license
granted by the City prior thereto and sai(I license may not he reissued
until proof of compliance with the financial resoonsif
requirements is presented to the City Clerk and anon review i-;.n(q
approval of the same by the City Council.
.Section 3. Any person violating any provision of this oreinance is
guilty of a misdemeanor and unon conviction shall he ounished by a
fine of not more than $500 or imprisonment for not more than 90 days,
or both, plus the cost of prosecution in anv case.
Section 4. This ordinance becomes effective upon its passage anti
publication according to law.
PASSFD BY THE CITY M171117IT, this
ATTEST:
day of
F4ayor
Clerk/Administrator
. ORDINANCE' IJO. r�
All ORDINANCE AMENDING ORDIIJANCE NO. 133, All ORDINANCE ESTAL;LISIIIIJG A
MORATORIUM FOR TILE CONSTRUCTION, RECONSTRUCTION, REMODELING,
IIJSTALLATION OF ADVERTISING SIGNS WITHIN THE CITY OF' SI10ld- JOOD.
The City Council of the City of Shorewood ordains:
Section 1. That Section 2. of Ordinance No. 133 is hereby amended to
read as follows:
"Section 2. RESTRICTIOUS.
A. Ho building permits, conditional or special use permits
or permits of any other type or any other authority in the entire City
of Shorewood shall be granted for the installation of any advertising
signs (billboards) in any of the zoning districts, in the City.
B. Building permits to relocate existing advertising signs
on the same lot or parcel of land on property zoned C -3 shall not he
subject to the restrictions and regulations of this ordinance."
Section 2. Section 3. of Ordinance IJo. 133 is hereby amended to read
as follows:
"Section 3. DURATION. This ordinance shall expire on July 15, 1933
without council action or it may be repealed earlier by the Council."
Section 3. This ordinance shall be effective imt;eediately upon its
passage and publication accurding to law.
ADOPTED BY THE CITY COU14CIL OF THE CITY OF' SHO this h441 day of
�ecern be 1982.
Robert Rascop, Mayor
AT'T'EST
Sandra Kennelly, Clerk A _
ORDINANCE NO. /-33
AN ORDINANCE ESTABLISHIiIG A MORATORIUM ON THE CONSTRUCTION, RF
CONSTRUCTION, REMOnFLIN(', INSTALLATION OF ADVERTISING SIC- -NS 17ITHIII
THE CITY OF SHOREWOOD.
The City Council of the City of Shorewood does ordain:
Section 1. The Council finds that the City is presently faced with
the potential of many requests for the construction, installation and
remodeling of advertising signs (billboards). The Council also finds
that there is a need to do a comprehensive investigation concerning
the health, safety and welfare of the installation, construction and
remodeling of said advertising signs. During this interim period, it
is desirable that the Council establish guidelines for the benefit of
those who wish to install said signs, to bring about the savings of
public and private expenditures and provide public guides for future
City actions. The Council determines that there is an urgency
involved because of the need to control said installation,
construction and remodeling of said signs during the interim. The
Council further finds that it would be unwise,iimproper and unjust to
allow individuals to install, construct or remodel said signs during
this period of study and the Council desires to avoid discrimination
and unfair advantage to a few to the detriment of the entire City.
• Section 2. Restrictions. No building permits, conditional or
special use permits or permits of anv other type or any other
authority in the entire City of Shorewood shall be granted for the
installation of anv advertising signs (billboards) in any of the
zoning districts in the City.
Section 3. Duration. This ordinance shall expire April 15, 1983
without Council action or it may be repealed earlier if the Council
determines that the requisite studies have been completed and the
appropriate evaluation and action including the necessary revisions
to the City ordinances can be finalized.
Section 4. This Ordinance shall be effective immediately upon its
passage and publication according to law.
ADOPTED BY THE CI'_'.'Y COUNCIL OF THE CITY OF S14OPPI700D this 12th day of
October, 1982.
Robert Rascop, ?Mayor
ATTES _
'Sandra Kennelly/ Clerk
ORDINANCE NO.
0
All ORDINANCE AMETIDING ORDINAMCE TIO. 53, All ORDITIANCE REGULATING TIIE
USE OF VEHICLES AND OF HIGHNAYS UI`.CIIIN THE VILLAGF OF SHOPFwOOD,
INCORPORATING PROVISIONS OF A STATE HIGHWAY TRAFFIC REGULATIOTI ACT BY
RFFEREMCE AND IMPOSING A PEIIALTY FOR VIOLATION TIIFREOF.
The City Council of the City of Shorewood, Minnesota does ordain:
Section 1. That Ordinance No. 53 be amended by adding
Section 6. A. as Follows:
"Section 6. A. EXTTIBITION DRIVING. No person shall operate any
motor vehicle with unnecessary exhibition of speed on any Public or
private way within the city linits. Prima facie evidence of such
unnecessary exhibition of speed shall he any or all of the
following:
(a) Unreasonable squeal incl or screec.hinci sounds
emitted by the tires;
(h) The throwing of sand or gravel by the tires
of the vehicle;
(c) Unreasonable skid, sway or slide upon
acceleration or stopping."
Section 2. This ordinance ,hall he effective from and
after its passage and publication.
PASSED BY THE CITY COUNCIL this �r� ' day of � ` � , 1982.
Pobert Pascop, r?ayor
ATTEST:
ity Clerk
0
•
0
the provisions of Minnesota Statutes Chapter 349 and Laws of
Minnesota 1978 Chapter 507.
Section 2. PROVISIONS OF STATE LAW ADOPTED. The provisions of
Minnesota Statutes, Chapter 349 and Laws of Minnesota, 1978,
Chapter 507, relating to the definition of terms, licensing,
restrictions of gambling are adopted and made a part of this
ordinance as if set out in full.
Section 1. PURPOSE The purpose of this section is to regulate and
control the conduct of certain gambling activities pursuant to
ORDINANCE'NO. 1 3 1
iJ
AN ORDINACE LICENSING AND REGULATING THE CONDUCT OF GAMBLING AND
PROVIDING A PENALTY, FOR VIOLATION.THEREOF IN THE CITY OF SHOREWOOD,
COUNTY OF:HENNEPIN STATE OF MINNESOTA.
The City Council of the City of,Shorewood ordains:
Section 3. DEFINITIONS. Subd. A. For the purposes of this
ordinance, the terms defined in this ordinance have the
following meanings.
Subd. B. "Gambling devices" mean those gambling devices known
as "paddlewheels" or "pulltabs " or "tipboards ", or apparatus
used in conduction of raffles.
Subd. C. "Paddlewheel" means a wheel marked off into sections
containing one or more numbers, and which, after being turned or
spun, uses a pointer or marker to indicate winning chances.
Subd. D. "pulltabs" (or "ticket jars ") means a single folded or
banded ticket or a card, the face of which is initially covered,
or otherwise hidden from view, to conceal a number or set of
numbers of a symbol or set of symbols. A few of the numbers or
symbols out of every set of pulltabs (or ticket jars) will have
been designated in advance and at random as prizewinners. A
participant pays a consideration to an operator for the
opportunity to obtain a folded or banded ticket or a card, view
the numbers or symbols on it and possibly obtain a prizewinning
pulltab (or ticket jar).
Subd. E. "Tipboard "means a board, placard or other device
measuring at least 12 inches square, marked off in a grid or
similar pattern, in which each section contains a hidden number
or numbers or other symbols, which determine the winning
chances.
Subd. F. "Raffle" means a game in which a participant buys a
ticket for a chance at a prize with the winner determined by a
random drawing
NI;
Subd. G. "Profit" ;means, the gross receipts from the operation
of gambling devices",'and the conduct of raffles, less reasonable
sums expended for Prizes, local licensing, fees, taxes and
maintenance costs for., the,devices.
Subd. H. Nothing inthis'ordinance shall be construed to
authorize any use, possession or operation of:
a. Any gambling, device which is activated by the insertion
of a coin,,
currency or token.
b. Any gambling gam6'_or device in.which the winning
. numbers, tildketsOr,chances are in any way determined
by the outcome of,'any athletic contest or sporting
event.
Section 4. LICENSE REQUIREMENT. No person shall directly operate a
gambling device or conduct a raffle except as authorized by
statute and this ordinance and unless a license to do so, as
provided in this ordinance, has `first been obtained.
Section 5. PERSONS ELIGIBLE FOR A LICENSE. A license shall be
issued only to fraternal, religious and veterans organizations,
or any corporation, trust or association organized for
exclusively scientific, literary, charitable, educational, or
artistic purposes, or any club which is organized and operated
exclusively for pleasure or recreation. Such organization must
have been in existence for a least 3 years and shall have at
least 30 active members, and qualify pursuant to M.S.A. 349.26,
Subd. 9.
Section 6.' LICENSES AND FEES.
Subd. A. License Fees. There are two types of licenses which
may be issued by the City for each device or occasion, i.e. (a)
a single temporary license fee, and (b) an annual license fee.
The single occasion temporary license fee for each device is
$15. The annual license fee to operate gambling devices or to
conduct a raffle is $75 for each activity or combination of all
activities. Annual license fees shall not be prorated for a
portion of a year. All licenses shall expire on December 31
next after the date of issue.
Subd. B. Application Procedure. Application for a license
shall be made upon a form prescribed by the City so as to
provide the information necessary to permit the Council to
determine whether to grant or deny a license application. Uo
person shall make a false representation in an application. The
City Council shall act upon any such application within 180 days
from the date of application, but it shall not issue a license
until at least 30 days after the application has been made.
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Subd. C. The applications shall contain an agreement on the
part of the applicant that if the license being applied for is
granted, , the licensee will save the City and its officers,
agents harmless against any claims or actions and the costs of
defending any claims or actions arising out of or by reason of
the granting of the license or the 'conduct of any of the
activities authorized by the license.
Section 7. PROFITS. Profits from the operaion of gambling devices
or the conduct of raffles shall be used only for proper purposes
as defined in Minnesota Statutes, Section 349.23, Subd. 6.
Section 8. CONDUCT OF GAMBLING.
Subd. A. Gambling Manager. All operating of gambling devices
and the conduct of raffles shall be under the supervision of
single gambling manager to be designated by the licensed
organization. The gambling manager shall be responsible for
gross receipts and profits from gambling devices and rafles and
for their operation. The gambling manager shall be responsible
for using profits for authorized purposes only.
Subd. B. Bond. The gambling manager shall provide a fidelity
bond in the sum of $10,000 in favor of the organization
obtaining the license, conditioned upon the faithful performance
of his duties.
Subd. C. Qualifications of Gambling Manager. The gambling
manager shall be an active member of the organization and shall
qualify to act in such capacity under applicable state law.
Section 9. COMPENSATION. No compensation shall be paid to any
person in connection with the operation of a gambling device or
the conduct of a raffle by a licensed organization. No person
who is not an active member of an organization, or the spouse or
surviving spouse of an active member, may participate in the
organization's operation of a gambling device or the conduct of
a raffle.
Section 10. REPORTING REQUIREMENTS.
Subd. A. Gross Receipts. Each organization licensed to operate
gambling shall keep record of its gross receipts, expenses and
profits for each single gathering or occasion at which gambling
devices are operated or a raffle is conducted. All deductions
from gross receipts for each single gathering or occasion shall
be documented with receipts or other records indicating the
amount, a description of the purchased item or service or other
reason for the deduction, and the recipient. The distribution
of profits shall be itemized as to each payee, purpose, amount,
and date of payment.
r
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Subd. B. Separation of Funds. Gross receipts from the
operation of gambling devices and the conduct of raffles shall
be segregated from other revenues of the organization, and
placed in a separate account. The person who accounts for gross
receipts, expenses, and profits from the operation of gambling
devices or the conduct of raffles shall not be the same person
who accounts for other revenues of the licensed organization.
Subd. C. Monthly Reports. Each organization licensed to
operate gambling devices or to conduct raffles shall report
monthly to its membership, and to the City Clerk, its gross
receipts, expenses and profits from gambling devices or raffles,
and the distribution of profits. The licensee shall preserve
such records for at least 3 years.
Section 11. ELIGIBLE PREMISES. Gambling devices shall be operated
and raffles conducted by a licensed organization only upon
premises which it owns or leases, except that tickets for
raffles may be sold off the premises. Leases shall be in
writing and shall be for a term of at least one year. No lease
shall provide that rental payments be based upon a percentage of
receipts. A copy of the lease shall be filed with the City
Clerk at the time of the application and it shall comprise a
part of the application.
Section 12. PRIZES. Total prizes resulting from any single spin of
a paddlewheel, or from any single seal of a tipboard, shall not
exceed $150.00. Total prizes awarded in any calendar year by
any organization from the operation of paddlewheels and
tipboards and the conduct of raffles shall not exceed $35,000.
Merchandise prizes shall be valued at fair market retail value.
Section 13. BINGO Nothing in this ordinance shall be construed to
authorize the conduct of bingo without acquiring a separate
bingo license as required by other applicable City ordinance
provisions or State statutes.
Section 14. PENALTIES.
Subd. A. Violation is Misdemeanor. Violation of any provision
of this ordinance is a misdemeanor. This subdivision shall not
preclude civil or criminal action under other applicable laws or
procedure or preclude any agency of government from
investigating or prosecuting violations of the provisions of
this section. Persons convicted of violating any provision of
this ordinance shall be subject to a fine of not more than $500
or imprisonment for a term not to exceed ninety days or both.
Subd. B. Suspension and Revocation. Any license may be
suspended or revoked for any violation of this ordinance. No
licensee shall have a vested right in any license issued
hereunder and licenses issued hereunder may be suspended or
revoked by the Council. The license shall be revoked upon a
showing that the licensee violated or caused to be violated any
provisions of this ordinance or of State law regulating the
licensing or conduct of gambling devices. The license shall
also be revoked in the event of any misrepresentation in the
license application or may be suspended or revoked for failure
by the licensee to make any reports required of the licensee.
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Subd. C. Procedure. A license shall not be revoked under
subdivision B. until a notice has been given to the licensee and
the licensee has been given an opportunity for a hearing. The
notice shall be personally served.on the gambling manager, or an
officer of the licensed organization. It shall state the
statutory or ordinance provision believed to have been violated
and shall indicate that the licensee may demand a hearing on the
proposed revocation of the license. If a hearing is demanded,
the license shall not be revoked until after the hearing is
held. If the licensee requests a hearing in writing, it shall
be held by the City Council or a committee of the City Council,
as the Council may deem appropriate, at least one week after the
date on which the request is made. If, as a result of the
hearing, the Council finds that the licensee has violated or has
permitted the violation of this ordinance or applicable
statutory law relating to gambling, the Council may suspend or
terminate the license.
Section 15. This ordinance shall become effective upon and after
its passage and publication according to law.
PASSED BY THE CITY COUNCIL this 9th day of August , 1982.
Mayor
ATTEST:
Clerk
Published in
, 1982.
on
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