1991 Ord
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5/16/91
ORDINANCE NO.
237
AN ORDINANCE AMENDING CHAPTER 507 OF THE
SHOREWOOD CITY CODE RELATING TO
REFUSE COLLECTION AND DISPOSAL
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS:
Section 1: Chapter 507 of the Shorewood City Code is hereby amended to
read as follows:
"507.09
SPRING CLEANUP: During the spring season, the City of
Shorewood will provide a curbside pickup service for
yard waste, trash and household rubbish, and a limited
drop-off site for certain larger items. The service
will be limited to Shorewood residents and the date of
the cleanup will be determined by the City Council each
year.
Subd. 1.
CURBSIDE PICKUP:
Items must be on the curb by 8:00 a.m. and will be picked up at
residential sites only. The following items will be accepted for
curbside pickup:
Brush, cut in four-foot lengths and bundled so as to be
manageable by one person;
Yard waste in bags, grass clippings, and leaves;
General household rubbish, including small furniture items.
Brush and yard waste must be piled and separated from the trash.
The following items will not be accepted for curbside pickup:
Construction debris, lumber, blocks, sheetrock, and other
building materials;
Chemicals, liquid paint, weed spray, solvents, and other
chemical products.
A fee not to exceed $10.00 will be charged to each residential
uni t wi thin the City of Shorewood for the pickup service. The fee
will be based upon the total cost of the Service to the City,
apportioned equally among the residential units within the City
and will be included in the utility billing statement sent to each
residential account for the second quarter of the year.
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Subd. 2.
LIMITED DROP-OFF SITE.
A drop-off site will be available between the hours of 8:00 a.m.
and 4:00 p.m. at the Public Works Garage. The following list of
items will be accepted and the following fees charged:
Appliances
Mattresses, carpet and large furniture items (per piece)
Automobile tires (without rims)
Automobile rims
Truck tires (no rims)
Batteries
$ 6.00
$17.00
$ 3.00
$ 6.00
$12.00
no fee
Fees will be collected at the time an item is dropped off, and the
site will be limited for use by Shorewood residents only.
Subd. 3.
DELINQUENT ACCOUNTS.
All delinquent accounts may be certified by the Clerk who shall
prepare an assessment roll each year providing for assessment of
the delinquent accounts against the respective property served.
This assessment roll shall be delivered to the City Council for
adoption on or before October 10 of each year and upon approval
thereof, the Clerk shall certify to the County Auditor the amount
due, plus a certification fee as established by resolution of the
City Council, and the County Auditor shall thereupon enter such
amount as part of the tax levy on such premises to be collected
during the ensuing year. Such action may be optional or
subsequent to taking legal action to collect delinquent accounts."
Section 2. This Ordinance shall be full force and effect from and after
its passage and publication.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this
13th day of May, 1991.
~G~
J es C. Hurm
ty Admin~strator/Clerk
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6/25/91
o RDIN ANCE NO. 238
AN ORDINANCE AMENDING CHAPTER 507 OF THE
SHOREWOOD CITY CODE PROVIDING FOR
MANDATORY RECYCLING FOR MULTIPLE-FAMILY DWELLINGS
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS:
Section 1: Chapter 507 of the Shorewood City Code is hereby amended to read
as follows:
"507.10. Mandatory Recycling for Multiple-family Dwellings.
Owners of Multiple-family dwellings containing more than eight
dwelling units shall either contract directly with the recycling
hauler under contract with the City or with a private hauler
licensed under the provisions of Section 507.02 of this Chapter for
the provision of a recycling collection service to all residents of
the dwelling. If the owner contracts with a hauler other than the
hauler under contract with the City, a written description of the
specific recycling collection plan must be submitted to the City
for approval and verification of the existence of said services to
the residents. The recycling services provided under this section
must comply with the requirements of this Code and all applicable
Hennepin County Ordinances for recycling."
Section 2. This 0 rdinance shall be in full force and effect from and after
its passage and publication.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA,
this 24th day of June, 1991.
(J
Mayor
ATTEST:
~C~
mes C. Hurm
ity Administrator/Clerk
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6/25/91
ORDINANCE NO. 239
AN ORDINANCE AMENDING SECTION 901.02 OF THE
SHOREWOOD CITY CODE PROVIDING FOR
THE LOCATION OF UNDERGROUND SPRINKLER SYSTEMS
IN THE PUBLIC RIGHT-OF-WAY
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS:
Section 1: Section 901.02, Subd. 2, of the Shorewood City Code is hereby
amended to read as follows:
"Subd. 2. Permit to Encroach:
a. Permit Required: The right to use publicly-owned
rights-of-way within the City for any private use or purpose
other than the primary purpose of public travel, whether such
use constitutes a substantial or incidental use, may be
acquired only through permit granted pursuant to this
Section.
b. Application for Permit: Any person may apply to the City
Council for a permit to keep or maintain private property
within a publicly-owned right-of-way. T he application shall
be in writing and must describe with specificity the private
property and right-of-way involved and the nature and extent
of the requested encroachment.
c. Issuance of Permit, Conditions: The City Council may
grant the permit if it is determined that the use applied for
is incidental and not inconsistent with safe and efficient
public use. However, no permit will be issued until the
applicant has agreed in writing to waive any right to recover
from the City for damage occurring to the property located
within the right-of-way which may result from the performance
of the City or its agents of its public duties as required by
law.
d. Special Permit for Underground Sprinkler Systems: The
Building Official may approve an application for a Special
Permit for the installation of an underground sprinkler
system within the public right-of-way, providing such
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installation is not inconsistent with the public use of the
right-of-way. In such application, in addition to the
information required by paragraph b. above, the applicant
shall provide a legal description of the private property
served by the sprinkler system and agree in writing to waive
all rights to recover from the City for damage occurring to
the sprinkler system as a result of the City's performance of
its public duties within the right-of-way. The applicant
shall further provide a surveyor plat drawing showing the
location of the sprinkling system within the right-of-way and
pay the Special Permit fee as may be prescribed by ordinance
passed by the City Council from time to time. Said Special
Permit shall become effective upon its being duly recorded at
the offices of the County Recorder or Registrar of Titles and
the applicant's providing to the City satisfactory proof
thereof.
e. Revocation of Permit: The City reserves the right to
revoke any permit granted under this Section as may be
required by the public interest."
Section 2. This 0 rdinance shall be in full force and effect from and
after its passage and publication.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA,
this 24th day of June, 1991.
ATTEST:
J es C. H urm
C ty Administrator/Clerk
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ORDINANCE NO.
240
7/16/91
AN ORDINANCE ESTABLISHING A FEE FOR SPECIAL PERMIT TO
INSTALL UNDERGROUND SPRINKLER IN RIGHT-OF-WAY
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA
does ordain:
Section 1. Authority. The Council is authorized by
Section 901.02, Subd. 2.d. of the Shorewood City Code to
establish by ordinance a fee for a permit to install an
underground sprinkler system within the public right-of-way.
Section 2. Establishment of fee. There is hereby
established a fee of $20.00 for a special permit to install
an underground sprinkler system within the public
right-of-way.
Section 3. Effective Date. This Ordinance shall be in
full force and effect from and after its passage and
publication.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this
22nd day of July, 1991.
ATTEST:
c: 1:!WVv,l,
AMES C. HURM
ity Administrator/Clerk
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ORDINANCE NO. 241
AN ORDINANCE AMENDING TITLE 500 OF SHOREWOOD CITY CODE
GENERAL HEALTH AND SAFETY PROVISIONS
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA,
ORDAINS:
Section 1. City Code Title 500 is hereby amended by adding
a new chapter to read as follows:
"CHAPTER 508
UNIFORM FIRE CODE
SECTION:
508.01
508.02
508.03
508.04
Adoption of Uniform Fire Code
Establishment and Duties of Fire Prevention
Definitions
Establishment of Limits for Storage of Liquified
Petroleum Gas and Flammable Liquids
Appeals
Establishments of Limits for Storage of Explosives
and Blasting Agents
Enforcement and Violation
508.05
508.06
508.07
508.01
Adoption of Uniform Fire Code
The 1988 Minnesota Uniform Fire Code established
under and pursuant to Minnesota Statutes Section 299F.011,
including those sections of the rules and regulations of the
Fire Marshal Division of the Department of Public Safety
denominated as Chapter 7510.3100 - 7510.3280, is hereby
adopted as the Fire Code for the City of Shorewood. Such
Code is hereby incorporated in this Chapter as completely as
if set out in full.
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508.02
Enforcement of Code and Establishment of Fire
Prevention Bureau
Subdivision
enforced by
established
Excelsior.
supervision
1. The Minnesota Uniform Fire Code shall be
the Bureau of Fire Prevention which is hereby
in the Fire Department of the City of
The Bureau shall be operated under the
of the Chief of the Fire Department.
Subdivision 2. The Fire Marshal, appointed by the City
Manager of Excelsior on the basis of a qualifying
examination, shall be in charge of the Bureau of Fire
Prevention.
508.03
Definitions
Subdivision 1. Municipality: The City of Shorewood,
Minnesota.
Subdivision 2. Chief of the Bureau of Fire Prevention: The
Fire Marshal.
508.04
Establishment of Limits for Storaqe of Liquified
Petroleum Gas and Flammable Liquids
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Pursuant to the provisions of Section 79.501 of the
Uniform Fire Code 1988, and NFPA No. 58, Storage and
Handling of Liquified Petroleum Gases 1986, the following
limits are hereby established: The bulk storage of
liquified petroleum gas of 1,000 gallon water capacity or
more and the bulk storage of flammable liquids in capacity
of 1,000 gallons or more in outside aboveground tanks within
the municipality is prohibited.
508.05
Appeals
Whenever the Chief of the Bureau of Fire Prevention
disapproves an application or refuses to grant a permit or
when the applicant claims that the provisions of the Code
have been misconstrued or wrongly interpreted, the applicant
may appeal the decision or order of the Chief of the Bureau
of Fire Prevention to the City Council. All appeals must be
filed within 30 days from the date of the decision or order.
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508.06
Establishments of Limits for Storaqe of Explosives
and Blastinq Aqents
Pursuant to the provisions of Section 77.106(B) of
the Uniform Fire Code, the following limits are hereby
established: The storage of explosives and blasting agents
within the municipality is prohibited.
508.07
Enforcement and Violation
Subdivision 1. Enforcement: The Chief of the Bureau of Fire
Prevention and the Police Department shall enforce the
provisions of this Chapter.
Subdivision 2. Violation: Any person violating any of the
provisions of this Chapter shall be deemed guilty of a
misdemeanor."
Section 2. This Ordinance shall be in full force and effect
from and after its passage and publication.
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ADOPTED BY THE CITY COUNCIL of the City of Shorewood,
Minnesota, this 26th day jlaf August , 1991.
ATTEST:
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7/30/91
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ORDINANCE NO.
242
AN ORDINANCE AMENDING CHAPTER 1201 OF THE
SHOREWOOD CITY CODE RELATING TO ZONING REGULATIONS
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS:
Section 1: Section 1201.02, Subd. 19, of the Shorewood City Code is
hereby amended by substituting the following definition in place of the
existing definition of "Street."
"STREET: A public right-of-way or private way serving three or
more properties, whether designated as a street, highway,
thoroughfare, parkway, throughway, road, avenue, lane, place or
however otherwise designated, which is used, or can be used for
travel."
Section 2: Section 1201.10 Subd. S.d. of the Shorewood City Code is
hereby amended to read as follows:
"d. Setbacks:
( 1) Front yard Not less than 50 feet
(2) Rear yard Not less than 50 feet
. (3) Side yard Not less than 10 feet on each side
nor less than 50 feet on a side yard
abutting a street."
Section 3: Section 1201.11 Subd. S.d. of the Shorewood City Code is
hereby amended to read as follows:
"d. Setbacks:
(1) Front yard
( 2) Rear yard
(3) Side yard
Not less than 40 feet
Not less than 40 feet
Not less than 10 feet on each side
nor less than 40 feet on a side yard
abutting a street."
Section 4: Section 1201.12 Subd. S.d. of the Shorewood City Code is
hereby amended to read as follows:
"d. Setbacks:
( 1) Front yard
(2) Rear yard
(3) Side yard
Not less than 35 feet
Not less than 40 feet
Not less than 10 feet on each side
nor less than 35 feet on a side yard
abutting a street."
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Section 5: Section 1201.13 Subd. S.d. of the Shorewood City Code is
hereby amended to read as follows:
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"d. Setbacks:
( 1) Front yard
(2) Rear yard
(3) Side yard
Not less than 30 feet
Not less than 35 feet
Not less than 10 feet on each side
nor less than 30 feet on a side yard
abutting a street."
Section 6: Section 1201.14 Subd. S.d. of the Shorewood City Code is
hereby amended to read as follows:
"d. Setbacks:
(1) Front yard Not less than 30 feet
(2) Rear yard Not less than 40 feet
(3) Side yard Not less than 10 feet on each side
nor less than 35 feet on a side yard
abutting a street."
Section 7: Section 1201.15 Subd. S.d. of the Shorewood City Code is
hereby amended to read as follows:
"d. Setbacks:
( 1) Front yard Not less than 30 feet
(2) Rear yard Not less than 30 feet
. (3) Side yard Not less than 10 feet on each side
nor less than 30 feet on a side yard
abutting a street."
Section 8: Section 1201.16 Subd. S.d. of the Shorewood City Code is
hereby amended to read as follows:
"d. Setbacks:
( 1) Front yard
(2) Rear yard
(3) Side yard
Not less than 30 feet
Not less than 35 feet
Not less than 10 feet on each side
nor less than 30 feet on a side yard
abutting a street."
Section 9: Section 1201.17 Subd. S.d. of the Shorewood City Code is
hereby amended to read as follows:
"d. Setbacks:
( 1) Front yard
(2) Rear yard
(3) Side yard
Not less than 30 feet
Not less than 30 feet
Not less than 15 feet on each side
nor less than 30 feet on a side yard
abutting a street."
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Section 10: Section 1201.22 Subd. S.d. of the Shorewood City Code is
hereby amended to read as follows:
"d. Setbacks:
( 1) Front yard
( 2) Rear yard
(3) Side yard
Not less than 30 feet
Not less than 30 feet
Not less than 15 feet on each side
nor less than 30 feet on a side yard
abutting a street."
Section 11: Section 1201.23 Subd. S.d. of the Shorewood City Code is
hereby amended to read as follows:
"d. Setbacks:
(1) Front yard
(2) Rear yard
(3) Side yard
Not less than 30 feet
Not less than 30 feet
Not less than 20 feet on each side
nor less than 30 feet on a side yard
abutting a street."
Section 12: This Ordinance shall be in full force and effect from and
after its passage and publication.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, this 26th
day of August, 1991.
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ATTEST:
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ORDINANCE NO. 243
AN ORDINANCE AMENDING CHAPTER 1201 OF THE
SHOREWOOD CITY CODE RELATING TO ZONING REGULATIONS
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS:
Section 1: Section 1201.02, Subd. 5. of the Shorewood City Code is hereby amended by
substituting the following definition in place of the existing definition of "Elderly Housing":
"ELDERLY HOUSING: A dwelling or group of dwellings where the occupancy is
restricted to persons sixty-two (62) years of age or older, or which qualifies as
'housing for older persons' under the Federal Fair Housing Act."
Section 2: Section 1201.03, Subd. 5.h.(8) is hereby amended to read as follows:
"(8) Elderly Housing: Two (2) parking spaces per unit."
Section 3: Section 1201.03 of the Shorewood City Code is hereby amended to include the
following:
"Subd. 20. Elderly Housing.
a. Purpose: The purpose of this Subdivision is to provide opportunities for
elderly housing within residential zoning districts and to maintain compatibility
with other uses within those districts.
b. Conditional Use. Elderly housing shall be allowed by conditional use
permit in the following zoning districts: R-1A, R-1B, R-1C, R-1D, R-2A, R-
2B, R-2C, R-3A, R-3B and R-C. In addition the following conditions shall
apply:
(1) Elderly housing projects shall be processed as Planned Unit
Developments (P.U.D.) in compliance with Section 1201.06 of this Code.
(2) Occupancy of each dwelling unit shall be limited to no more than
two (2) adults, sixty-two (62) years of age or older. Occupancy of dwellings
which qualify as "housing for older persons" under the Federal Fair Housing
Act shall be limited to two (2) adults, fifty-five (55) years of age or older.
The occupancy limitations shall be memorialized in restrictive covenants
approved by the City and iIled with the Hennepin County Recorder.
(3) To continue to qualify for the elderly housing classification, the
owner, homeowner's association or agency shall annually file with the City
Clerk and the Zoning Administrator a certified copy of a quarterly resume of
occupants of such building or buildings, listing the number of tenants or
occupants by age, by unit.
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(4) Adequate off-street parking must be provided in compliance with
Section 1201.03 Subd. 5. of this Code. Parking plans must show room on the
site for at least one (1) garage space per dwelling unit.
(5) Parking areas for five (5) or more cars must be screened and
landscaped from view of surrounding residential property, in compliance with
Section 1201.03 Subd. 2.g. of this Code.
(6) All signing and informational or visual communication devices
shall be in compliance with Section 1201.03 Subd. 11. of this Code.
(7) All structures shall comply with the Minnesota State Building
Code.
(8) The residential density of elderly housing projects shall not exceed
the following:
(a) R-IA and R-IB: Four (4) units per acre.
(b) R-IC, R-ID, R-2A, R-2B, and R-2C: Eight (8) units per acre.
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(c) R-3A, R-3B and R-C: Ten (10) units per acre.
(9) The minimum site size for elderly housing projects shall be
three (3) acres.
(10) Dwelling units may be detached or attached.
(11) Building heights shall be limited to one and one-half (1-1/2) stories
in all districts except the R-3A, R-3B and R-C zoning districts in which
buildings may be three (3) stories.
(12) Where allowed, multiple-family elderly housing must have elevator
service to each floor.
(13) Usable open space as defined in this Chapter is equal, at a
minimum, to twenty (20) percent of the gross lot area.
(14) The provisions of Section 1201.04 Subd. 1.d.(I) are considered
and satisfactorily met."
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. Section 4: Section 1201.17 Subd. 4. of the Shorewood City Code is hereby amended to read
as follows:
"c. Nursing homes as defined in Section 1201.02 of this Ordinance, provided
that:
(1) Side yards are double the minimum requirements established for
this District and are screened in compliance with Section 1201.03 Subd. 2. g.
of this Code.
(2) The site shall be served by an arterial or collector street of
sufficient capacity to accommodate traffic which will be generated.
(3) All signing and informational or visual communication devices shall
be in compliance with Section 1201.03 Subd. 11. of this Code.
(4) All state laws and statutes governing such use are strictly adhered to
and all required operating permits are secured.
(5) Adequate off-street parking is provided in compliance with Section
1201.03 Subd. 5. of this Code.
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(6) One (1) off-street loading space in compliance with Section 1201.03
Subd. 6. of this Code is provided.
(7) The provisions of Section 1201.04 Subd. 4.d.(1) of this Code have
been considered and satisfactorily met.
Section 5: Section 1201.19 Subd. 4. of the Shorewood City Code is hereby amended to read
as follows:
"e. Nursing homes as defined in Section 1201.02 of this Ordinance, provided
that:
(1) Side yards are double the minimum requirements established for
this District and are screened in compliance with Section 1201.03 Subd. 2. g.
of this Code.
(2) The site shall be served by an arterial or collector street of
sufficient capacity to accommodate traffic which will be generated.
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(3) All signing and informational or visual communication devices shall
be in compliance with Section 1201.03 Subd. 11. of this Code.
(4) All state laws and statutes governing such use are strictly adhered to
and all required operating permits are secured.
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(5) Adequate off-street parking is provided in compliance with Section
1201.03 Subd. 5. of this Code.
(6) One (1) off-street loading space in compliance with Section 1201.03
Subd. 6. of this Code is provided.
(7) The provisions of Section 1201.04 Subd. 4.d.(1) of this Code have
been considered and satisfactorily met.
Section 6: This Ordinance shall be in full force and effect from and after its passage and
publication.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA,
this 9th day of September, 1991.
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ATTEST:
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9/18/91
ORDINANCE NO. 244
AN ORDINANCE AMENDING TITLE 200 OF THE
SHOREWOOD CITY CODE ESTABLISHING A SENIOR HOUSING
AND SERVICES TASK FORCE
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS:
Section 1: Title 200 of the Shorewood City Code is hereby amended by adding the following
Chapter:
SECTION:
205.01:
205.02:
205.03:
205.04:
205.05:
205.01:
205.02:
"CHAPTER 205
SENIOR HOUSING AND SERVICES TASK FORCE
Purpose
Task Force Created, Membership, Term of Office
Organization
Objectives and Duties
Sunset Clause
PURPOSE: The Task Force is created to research and make
recommendations to the Planning Commission and City Council concerning
issues which affect senior citizens within the City of Shorewood.
TASK FORCE CREATED, MEMBERSHIP, TERM OF OFFICE: A
Shorewood Senior Housing and Services Task Force is hereby created which
will serve as an advisory body to the Planning Commission and City Council.
Membership in the Task Force shall consist of seven (7) residents of the City appointed by
the City Council. Residents must be fifty-five (55) years of age or older to be eligible for
appointment to the Task Force. Terms of all members shall commence 1 January 1992 and
shall be for two (2) years. The City Council shall designate one of its members as its liaison
to meet with the Task Force, and it shall direct the Task Force to designate one member of
its body as a liaison person to meet with the Planning Commission, and the Planning
Commission shall designate one member of its body as a liaison to meet with the Task
Force.
205.03:
ORGANIZATION:
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Subd. 1. Officers: The chair of the Task Force shall be selected by the City Council, and
that person shall serve in that position a period of one year. The Task Force may
. appoint a secretary who mayor may not be a member of the Task Force.
Subd. 2. Meetings: The Task Force shall meet monthly or at the call of the Chair, and all
meetings shall be open to the public.
Subd. 3. Rules of Order and Business: The Task Force shall adopt rules and regulations
governing the conduct of its meetings. A majority of its membership shall be
required to conduct official business.
205.04:
OBJECTIVES AND DUTIES: The Task Force is hereby designated the
following responsibilities:
Subd. 1. Prepare and submit to the Planning Commission a Senior Housing section to the
Shorewood Comprehensive Plan, incorporating policy statements as recommended in
the "Study of Senior Housing Needs", dated May 1991.
Subd. 2. Review and make recommendations to the Planning Commission on amendments to
the Senior Housing section of the Comprehensive Plan.
Subd. 3. Evaluate and make recommendations on proposals that come before the Planning
Commission as they relate to the Senior Housing section of the Comprehensive Plan.
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Subd. 4. Research and report, as requested by the City Council, on the affect of various
issues and policies on senior citizens.
205.05
SUNSET CLAUSE: Unless sooner completed, the duties of the Task Force
shall be completed and the Task Force disbanded by 31 December 1993.
Prior to that date the City Council may, by Resolution, take affirmative action
to extend the existence of the Task Force for an additional specified period of
time."
Section 2: This Ordinance shall be in full force and effect from and after its passage
and publication.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA,
this 23rd day of September , 1991.
ATTEST:
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Ja es C. Hurm
Ci y Administrator/Clerk
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ORDINANCE NO. ~
AN ORDINANCE AMENDING CHAPTER 802
OF THE SHOREWOOD CITY CODE
RELATING TO SNOWMOBILES
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS:
Section 1. City Code Section 802 is hereby amended in its
entirety as follows:
802.01:
802.02:
802.03:
802.04:
802.05:
802.06:
802.07:
802.08:
802.09:
802.10:
Definitions
Operation on Streets and Highways
Operation Generally
Equipment
Application of Other Laws
Persons Under Certain Age
Leaving Snowmobile Unattended
Chasing Animals Forbidden
Littering and Obstructions
Violations
802.01: DEFINITIONS:
Subd. 1. BOULEVARD: That portion of the street right-of-way
between the curb line and the street boundary line
in platted areas.
Subd. 2. OPERATE: To ride in or on and control the
operation of a snowmobile.
Subd. 3. OPERATOR: Every person who operates or is in
actual physical control of a snowmobile.
Subd. 4. ORGANIZED EVENT: An event sponsored and conducted
by the Park and Recreation Commission, the Chamber
of Commerce, Jaycees, American Legion or similar
Council-recognized civic groups or associations.
Subd. 5. OWNER: A person, other than a lienholder, having
the property in or title to a snowmobile and
entitled to the use or possession thereof.
Subd. 6. PERSON: Includes an individual, partnership,
corporation, and any body of persons, whether
incorporated or not, the State of Minnesota and its
agencies and political subdivisions, except this
definition does not include police officers or duly
authorized and uniformed snow patrol personnel in
the performance of their duties.
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Subd. 7. RIGHT-OF-WAY: The entire strip of land traversed
by a highway in which the public owns the fee or an
easement for roadway purposes.
Subd. 8. ROADWAY: That portion of a street or highway
improved, designed, or ordinarily used for
vehicular travel, including the shoulder.
Subd. 9. SAFETY or DEADMAN THROTTLE: A device which, when
pressure is removed from the engine accelerator or
throttle, causes the motor to be disengaged from
the driving track.
Subd. 10. SNOWMOBILE: A self-propelled vehicle designed for
travel on snow or ice or natural terrain steered by
skis or runners.
Subd. 11. STREET or HIGHWAY: The entire width between
boundary lines of any way or place when any part
thereof is open to the use of the public, as a
matter of right, for the purpose of vehicular
traffic.
Subd. 12. HIKING AND BIKING TRAIL: The old railroad
corridor, a multiuse trail corridor, which runs NE-
SW through Shorewood and other western suburbs, and
is owned by Hennepin County.
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802.02:
OPERATION ON STREETS AND HIGHWAYS:
Subd. 1. No person shall operate a snowmobile upon the
roadway, shoulder or inside bank or slope of any
trunk, County-State aid, City or County highway in
the City and, in the case of a divided trunk or
County highway, on the right-of-way between the
opposing lanes of traffic, except as provided in
this Chapter, nor shall operation on any such
highway be permitted, where the roadway directly
abuts a public sidewalk or property used for
private purposes. No person shall operate a
snowmobile within the right-of-way of any trunk,
County-State aid, City or County highway between
the hours of one-half (1/2) hour after sunset to
one-half (1/2) hour before sunrise, except on the
right-hand side of such right-of-way and in the
same direction as the highway traffic on the
nearest lane of the roadway adjacent thereto. No
snowmobile shall be operated at any time within the
right-of-way of any interstate highway or freeway
within the City.
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Subd. 2. No person shall operate a snowmobile upon the
roadway of any street or highway except for the
purpose of direct travel from the person's home to
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the closest snowmobile area by the shortest
possible route and then only if travel on the
adjacent street or highway right-of-way is
restricted because of developed yards or physical
barriers.
Subd. 3.
A snowmobile may make a direct crossing of a street
or highway except an interstate highway or freeway,
provided:
a. The crossing is made at an angle of
approximately ninety degrees (900) to the direction
of the street or highway and at a place where no
obstruction prevents a quick and safe crossing.
b. The snowmobile is brought up to a complete stop
before crossing the shoulder or main travelled way
of the highway.
c. The operator of the snowmobile must yield the
right-of-way to all oncoming traffic.
d. In crossing a divided street or highway, the
crossing is made at an intersection of such street
or highway with another public street or highway.
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e. If the crossing is made between the hours of
one-half (1/2) hour after sunset to one-half (1/2)
hour before sunrise or in conditions of reduced
visibility, only if both front and rear lights are
illuminated.
Subd. 4. No snowmobile shall be operated on a street or
highway within the City at a speed exceeding ten
(10) miles per hour, nor on the Hiking and Biking
Trail at a speed exceeding twenty (20) miles per
hour.
Subd. 5. No snowmobile shall enter any uncontrolled
intersection without making a complete stop. The
operator shall then yield the right-of-way to any
vehicles or pedestrians.
Subd. 6. Notwithstanding any prohibition in this Chapter, a
snowmobile may be operated on a public thoroughfare
in an emergency during the period of time when snow
upon such thoroughfare renders travel by automobile
impractical.
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Subd. 7. No person shall operate a snowmobile on the
shoulder of the Hiking and Biking Trail or in the
ditch or embankment, except for the purpose of
entering or leaving the trail, or for the purpose
of turning around.
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Subd. 8. An operator shall bring his snowmobile to a stop
and switch off the engine when flagged by a police
officer or duly authorized uniformed Snow Patrol
member.
802.03: OPERATION GENERALLY: Except as otherwise
specifically permitted and authorized, it is
unlawful for any person to operate a snowmobile
within the limits of the City in the following
manner:
Subd. 1. On a public sidewalk or walkway provided or used
for pedestrian travel, or on boulevards within any
public right-of-way.
Subd. 2. On private property of another without lawful
authority or express consent of the owner or
lessee.
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Subd. 3. On any other publicly-owned lands and frozen water,
including but not limited to park property, public
or private school grounds, playgrounds, recreation
areas and golf courses, except areas previously
listed or authorized for such use by the proper
public authority. In such areas, such use shall be
lawful and snowmobiles may be driven in and out of
such areas by the shortest route. Authorized areas
in the City owned by the City shall be designated
by Council resolution. Notwithstanding anything in
this Section contained to the contrary, snowmobile
operation shall be permitted on all public bodies
of water within the City, provided that said -
operation shall comply in all respects with
provisions of this Chapter and all other City
ordinances.
Subd. 4. At any place while under the influence of
intoxicating liquor or narcotics or habit forming
drugs.
Subd. 5. At a rate of speed greater than reasonable or
proper under all the surrounding circumstances.
Racing is prohibited except as may be specifically
authorized as part of an organized event, which
authorization shall be by permit issued by the City
Council. Maximum speed limits shall be set from
time to time by Council resolution.
Subd. 6. At any place in a careless, reckless, or negligent
manner so as to endanger the person or property of
another or to cause injury of damage thereto.
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Subd. 7. So as to tow any person or thing on a public street
or highway except through use of a rigid tow bar
attached to the rear of the snowmobile.
Subd. 8. When the noise level of the snowmobile exceeds
seventy-eight (78) decibels on the A Scale at fifty
feet (50').
Subd. 9. Within the right-of-way of any public street or
highway within the City, unless the operator shall
have a valid motor vehicle driver's license issued
by the State of Minnesota or a valid snowmobile
safety certificate issued by the Commissioner of
Natural Resources, or unless accompanied by a
licensed driver who is actually occupying a seat in
the vehicle.
Subd. 10. Within the City between the hours of eleven o'clock
(11:00) p.m. and seven o'clock (7:00) a.m. except
for purposes of transportation to the residence of
the operator.
Subd. 11. Abreast of another snowmobile on the Hiking and
Biking Trail except when overtaking and passing
another snowmobile.
802.04:
EQUIPMENT: It is unlawful for any person to
operate or for the owner to cause or knowingly
permit the operation of a snowmobile any place
within the limits of the City unless it is equipped
with the following:
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Subd. 1. Standard mufflers which are properly attached and
in constant operation and which reduce the noise of
operation of the motor to the minimum necessary for
operation. Mufflers shall comply with Minnesota
Rules Part 6100.5700, subp. 5 which certifies that
a new snowmobile complies with the noise limitation
requirements of this rule. A manufacturer shall
make such a certification based on measurements
made in accordance with the SAE Recommended
Practice JI92(a) as set forth in the Report of the
Vehicle Sound Level Committee, as approved by the
Society of Automotive Engineers September, 1970,
and revised November, 1973.
Subd. 2. Brakes adequate to control the movement of and to
stop and hold the snowmobile under any conditions
of operation.
Subd. 3. A "safety or deadman" throttle in operating
condition.
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Subd. 4. At least one clear lamp attached to the front, with
sufficient intensity to reveal persons and vehicles
at a distance of at least one hundred feet (100')
ahead during the hours of darkness under normal
atmospheric conditions. Such head lamp shall be so
aimed that glaring rays are not projected into the
eyes of an oncoming vehicle operator. It shall
also be equipped with at least one red tail lamp
having a minimum candle power of sufficient
intensity to exhibit a red light plainly visible
from a distance of five hundred feet (500') to the
rear during the hours of darkness under normal
atmospheric conditions. The equipment shall be in
operating condition when the vehicle is operated
between the hours of one-half (1/2) hour after
sunset to one-half (1/2) hour before sunrise or at
times of reduced visibility.
Subd. 5. Reflective material at least sixteen (16) square
inches on each side, forward of the handlebars, so
as to reflect or beam light at a ninety degree
(900) angle.
802:05:
APPLICATION OF OTHER LAWS: City traffic ordinances
shall apply to the operation of snowmobiles upon
streets and highways, and Minnesota Statutes
sections 84.81 to 84.88 and Minnesota Statutes
Chapter 169, as amended, and except for those
provisions relating to required equipment, are
hereby adopted by reference.
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802.06: PERSONS UNDER CERTAIN AGE:
Subd. 1. It is unlawful for any person under fourteen (14)
years of age to operate on streets, highways,
public lands or frozen water or make a direct
crossing of a street or highway as the operator of
a snowmobile unless accompanied by a parent or
guardian. A person fourteen (14) years of age or
older, but less than eighteen (18) years of age,
may operate a snowmobile on streets, highway,
public lands or frozen waters as permitted under
this Section and make a direct crossing of a street
or highway only if he has in his immediate
possession a valid snowmobile safety certificate
issued by the Commissioner of Natural Resources.
Subd. 2. It is unlawful for the owner of a snowmobile to
permit the snowmobile to be operated contrary to
the provisions of this Section.
802.07:
LEAVING SNOWMOBILE UNATTENDED: Every person
leaving a snowmobile in a public place shall lock
the ignition, remove the key, and take the same
with him.
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802.08:
CHASING ANIMALS FORBIDDEN: It is unlawful to
intentionally drive, chase, run over, or kill any
animal, wild or domestic, with a snowmobile.
802.09: LITTERING AND OBSTRUCTIONS:
Subd. 1. No person shall deposit paper, litter, rubbish, or
debris on public or private property, or throw
paper, litter, rubbish, or debris from snowmobiles.
Subd. 2. No person shall place obstructions, including ice
blocks, on publicly-owned lands or frozen waters so
as to interfere with the lawful use thereof by the
public.
Subd. 3. All traffic control devices used for routing
snowmobile traffic away from private and public
property shall be located on the same private or
public property and shall be in place no earlier
than November 1 and shall be removed on or before
April 15.
802.10: VIOLATIONS: Any person violating the prov1s10ns of
this Chapter is guilty of a misdemeanor.
Section 2. This Ordinance shall be in full force and effect
from and after its passage and publication.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD,
MINNESOTA, this 28th day of October , 1991.
C. Hurm
AdministatorjClerk
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ORDINANCE NO. 246
AN ORDINANCE AMENDING CHAPTERS 801 AND 902
OF THE SHOREWOOD CITY CODE
RELATING TO USE OF POLICE VEHICLES
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS:
Section 1. Section 801.06 of the Shorewood City Code is
hereby amended as follows:
801.06:
OPERATION OF VEHICLES IN PARKS OR ON PUBLIC
GROUNDS: Except police officers or duly authorized
and uniformed snow patrol personnel in the
performance of their duties, no person shall stop,
stand, or park a vehicle or operate any vehicle, or
ride any bicycle or horse, except in compliance
with the directions of a police officer on any park
property or other public grounds within the limits
of the City, except when such areas are designated
for any of such uses and signs prohibiting any of
such uses on any park property or public grounds
shall be complied with. (Ord. 53, 1-22-68)
Section 2. Section 902.04 of the Shorewood City Code is
hereby amended as follows:
902.04:
VEHICLE RESTRICTIONS: Except police officers or
duly authorized and uniformed snow patrol personnel
in performance of their duties, no person in a City
park or recreation area shall:
Subd. 1. Drive or park a vehicle, except an authorized or
emergency vehicle, on any turf or other area not
designated for parking or travel.
Subd. 2. Wash, grease, dismantle, repair, change or deposit
the oil of a vehicle anywhere in a park or
recreation area.
Subd. 3. Operate a motorized vehicle except on marked trails
during times designated by the City Council and/or
Park Commission.
Subd. 4. Operate any watercraft within designated swimming
areas.
Section 3. This Ordinance shall be in full force and effect
from and after its passage and publication.
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ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD,
MINNESOTA, this 28th day of October , 1991.
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ORDINANCE NO.
10/22/91
247
AN ORDINANCE AMENDING TITLE 400
OF THE SHOREWOOD CITY CODE,
ADDING CHAPTER 404 REGARDING
CONSUMPTION, PURCHASE AND
POSSESSION OF ALCOHOL BY
PERSONS UNDER THE AGE OF 21 YEARS
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS:
Section 1. Title 400 of the Shorewood City Code is hereby
amended by adding Chapter 404 in its entirety as follows:
404.01:
404.02.
Subd. 1.
Subd. 2.
CONSUMPTION OF ALCOHOL BY PERSONS UNDER THE AGE OF 21
YEARS: It is unlawful for any person under the age of
21 years to consume any alcoholic beverages, or to be
present within the City having consumed alcohol. The
presence of alcohol as indicated by physical symptoms
shall constitute prima facie evidence of unlawful
consumption of an alcoholic beverage by persons under
the age of 21 years. If proven by a preponderance of
the evidence, it is an affirmative defense to a
violation of this clause that the defendant consumed
the alcoholic beverage in the household of the
defendant's parent or guardian and with the consent of
the parent or guardian.
FURNISHING ALCOHOLIC BEVERAGES TO PERSONS UNDER 21
YEARS OF AGE: It is unlawful for any person:
To sell, barter, furnish, or give alcoholic beverages
to a person under 21 years of age. It shall
constitute prima facie evidence of a violation of this
subdivision for any adult resident to knowingly allow
unlawful consumption or possession of an alcoholic
beverage by persons under 21 years of age within the
dwelling unit of an adult resident or within any yard
area related to the dwelling unit and within the
control of an adult resident. It shall constitute
prima facie evidence of a violation of this
subdivision if consumption or possession of an
alcoholic beverage by persons under 21 years of age is
in plain view of an adult resident or openly
displayed. If proven by a preponderance of the
evidence, it shall be an affirmative defense to a
violation of this Subdivision that the defendant is
the parent or guardian of the person under 21 years of
age and that the defendant gave or furnished the
alcoholic beverage to that person solely for
consumption in the defendant's household; or
Under the age of 21 years to purchase or attempt to
purchase any alcoholic beverage; or
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Subd. 3.
To induce a person under the age of 21 years to
purchase or procure any alcoholic beverage, or to lend
or knowingly permit the use of the person's driver's
license, permit, Minnesota identification card, or
other form of identification by a person under the age
of 21 years for the purpose of purchasing or
attempting to purchase an alcoholic beverage.
404.03:
MISDEMEANORS: A violation of any provision of this
chapter is a misdemeanor.
Section 2. This Ordinance shall be in full force and effect
from and after its passage and publication.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD,
MINNESOTA, this 28tlday of October , 1991.
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ORDINANCE NO.
248
AN ORDINANCE AMENDING CHAPTER 403
OF THE SHOREWOOD CITY CODE
AUTHORIZING ISSUANCE OF ON-SALE
INTOXICATING MALT LIQUOR/WINE LICENSES
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS:
section 1. section 403.03 of the Shorewood City Code is
hereby amended as follows:
APPLICATION FOR LICENSE: Every application for a license to
sell liquor, intoxicating malt liquor, or wine shall state the
following:
section 2. section 403.05 of the Shorewood City Code is hereby
amended as follows:
403.05: CLASSIFICATION OF LICENSES: Intoxicating liquor
licenses shall be of the following five (5) kinds:
Subd. 1. ON SALE LICENSES: Which shall be issued only to
hotels, clubs, and restaurants and shall permit "on sale" of
liquor only. (Ord. 90, 1-10-77)
Subd.2 . ON SALE INTOXICATING MALT LIQUOR/WINE LICENSES:
Which shall be issued only to restaurants with a seating
capacity for not fewer than twenty-five (25) guests and whose
gross receipts are at least sixty percent (60%) attributable
to the sale of food, meeting the qualifications of Minnesota
Statutes, section 340A.404, subd. 5, and shall permit the sale
of wine not exceeding fourteen percent (14%) alcohol by
volume, and the sale of intoxicating malt liquor, for
consumption on the licensed premises only, in conjunction with
the sale of food. Intoxicating malt liquor is any malt
beverage with an alcohol content of more than three and two-
tenths percent (3.2%) of alcohol by weight.
Subd. 3 . ON SALE WINE LICENSES: Which shall be issued only to
restaurants with a seating capacity for not fewer than twenty-
five (25) guests meeting the qualifications of Minnesota
Statutes, section 340A.404, subdivision 5, and shall permit
only the sale of wine not exceeding fourteen percent (14%)
alcohol by volume, for consumption on the licensed premises
only, in conjunction with the sale of food.
Subd.4. SPECIAL CLUB LICENSE: Which shall be issued only to
incorporated clubs which have been in existence for twenty
(20) years or more, or to congressionally chartered veterans'
organizations which" have been in existence for ten (10) years
or more.
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Subd. 5. SPECIAL LICENSE FOR SUNDAY SALES: Authorizing sales
on Sunday between the hours of twelve o'clock (12:00) noon and
twelve o'clock (12:00) midnight in conjunction with the
serving of food may be issued to any hotel, restaurant, or
club which ~as facilities for serving at least thirty (30)
guests at one time, and which has an "on sale" license. (Ord.
90, 1-10-77; amd. 1987 Code.)
section 3. section 403.06, subd. 1 of the Shorewood City Code
is hereby amended as follows:
Subd. 1. Fees Established.
be as follows:
The annual fees for liquor shall
On Sale License
On Sale Intoxicating Malt
Liquor/Wine License
On Sale Wine License
Special Club License
Special Sunday License
$7,500.00
2,000.00
500.00
100.00
200.00
section 4. section 403.07, subd. 1 of the Shorewood City Code
is hereby amended as follows:
Subd. 1. Bond, Insurance, or Cash Required: Any person or
corporation licensed to sell retail intoxicating liquor at on
sale or off sale shall demonstrate proof of financial
responsibility with regard to liability imposed by Minnesota
Statutes, section 340A.801 to the Commissioner of Public
Safety as a condition of the continuance, issuance or renewal
of his license. Proof of financial responsibility may be
given by filing:
section 5. section 403.07, subd. 2 of the Shorewood city Code
is hereby amended as follows:
Subd. 2. Approval of Security: The security offered under
subdivision 1 above shall be approved by the City Council, and
in the case of applicants for "on sale wine" or "intoxicating
malt liquor/wine" licenses, by the State Liquor Control
Director. Surety bonds and liability insurance policies shall
be approved as to form by the City Council.
(Ord. 90, 1-10-77; amd. 1987 Code)
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section 6. section 403.08 of the Shorewood City Code is
hereby amended as follows:
INVESTIGATION OF APPLICANT, ISSUANCE AND TRANSFER OF LICENSE:
The City Council shall investigate all facts set out in the
application. opportunity shall be given to any person to be
heard for or against the granting of the license. After the
investigation and hearing, the Council shall, in its
discretion, grant or refuse the application. No "on sale
wine" or "on sale intoxicating malt liquor/wine" license shall
become effective until it, together with the security
furnished by the applicant, has been approved by the Liquor
Control Director.
Each license shall be issued only to the applicant and for the
premises described in the application. No license may be
transferred to another person or place without City Council
approval. Any transfer of stock of a corporate license is
deemed a transfer of the license and a transfer of stock
without prior Council approval is grounds for revocation of
the license. (Ord. 90, 1-10-77)
section 7. This Ordinance shall be in full force and effect
from and after its passage and publication.
CITY COUNCIL OF
day of December,
SHOREWOOD,
ADOPTED BY THE
MINNESOTA, this 9th
ATTEST:
CITY
OF
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Ja s C. Hurm
ci Administrator/Clerk