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Pub of Ordinances 90-96ORDINANCE NO. 96 • 0 • Regulations for keeping of horses and ponies (OFFICIAL NOTICE) ORDINANCE NO. 96 AN ORDINANCE RELATING TO THE REGULATION AND KEEP- ING OF HORSES AND PONIES WITHIN THE CITY OF SHORE. WOOD THE CITY COUNCIL OF THE CITY OF SHOREWOOD DOES OR- DAIN. SECTION 1. No person, firm or corporation shall keep, stable or harbour horses or ponies within the limits of the City of Shorewood without first obtaining a permit from the City Clerk to so keep and harbour said animals. Such person, firm or cor- poration shall pay therefore to the City Clerk that sum of money for each horse or pony to be kept on the premises and for each inspec- tion of the premises as shall be determined from time to time by resolution of the City Council of Shorewood. SECTION 2. The application for the permit shall be made in writing by the owner of the animal or animals up- on blanks furnished by the City Clerk; Each application for a per- mit shall have thereon the following: 1. The owner's name and address. 2. The name and address of the owner of property- where horse or horses are to be boarded. 3. Telephone number of owner, as well as telephone number of owner of property where horse is to be boarded. 4. A statement by owner of the Property and also joined in by owner of horse or pony, giving to the City of Shorewood, its inspectors or its agents, full and free access to Inspect the horse facilities and the animal at any reasonable time. 5. Color photograph of each horse boarded or kept on the pre- mises, name of horse and short de- scription. 6. Total number of horses to be kept at the facility. 7. Description of the shelter provided for the animal or animals. SECTION 3. No permit shall be issued by the City Clerk until the Shorewood horse inspector as appointed by the City Cc :ncil "has inspected the premises upon which the animal or animals are to be kept. The following stan- dards are to be' met by the applicant before the horse inspector shall re- commend to the City Clerk the is- suance of a permit; 1. An area where horses are kept, stabled, maintained or con fined of at least one -half acre per head. 2. Such area shall be enclosed by a sturdy wood, metal or electrical fence which will keep the animal or animals confined therein. 3. A shelter or stabling facility which will keep the animal or ani -' mals comfortable and protected from the elements and which shelter or stabling facility shall be no closer than 100 feet from any structure other than the applicants which is* used for residential purposes; in ad dition the shelter or stabling facility shall be so located so as not to create a public nuisance. 4. Clean and sanitary premises which will not be a harbour for ro- dent, flies and insects.. 5. Areas where animals are con- fined should be of such a nature they can be used by the animal for grazing, but the areas shall be no closer than i 75 feet from any structure other than the applicant's, which is used for residential purposes. 6. The number of animals per one -half acre of confinement area shall be limited to one. 7. Keeping, storing, stabling or maintenance of said animals on the Premises shall not directly contri- bute to the pollution of any public body of water. SECTION 4. Upon receipt of a satisfactory in- spection report from the horse in- spector disclosing that the applicant has complied with the standards pro- vided in Section 3, the City Clerk may Issue a permit for the keeping of said horses or ponies, which per- mit shall expire on the ensuing 15th day of May, unless sooner-tr voked as hereinafter provided. The .Clerk shall not issue a per- mit to keep, store or stable three or more horses or ponies on any one parcel of land within the City until the City Council has determined that' the keeping, storing and stabling of said number of animals shall not be a Public- nuisance. Any applicant who allows and per- mits a horse to escape from the confined area shall be liable for the charges to recover the animal which shall be at least $15.00 plus at least $5.00 for each day or part thereof for board of the animal until the same is claimed. The escape of a horse or pony .necessitating recovery by agents or employees of the City shall auto- matically suspend the permit of the applicant to keep horses within the City until the horse inspector has reinspected the premises for the keeping of horses and made payment for said inspection. It shall be the obligation of the applicant to report to the horse inspector of the City Clerk when the horse which is the subject of . . r the permit has been removed and no longer is boarded within the con- fines of the City of Shorewood; SECTION 5. Permits issued pursuant to this Ordinance may be revoked by the Clty Council if the Council finds, after investigation by the inspec- tor and after holding a hearing there- on (notice of said hearing to be given to the holder of the permit) that: I. The premises upon which the animal is kept is unsightly and a harbour for rodents, flies, and in sects, or 2. The winter accumulation of manure is not removed from the premises prior to May 15th of each Year; burning of manure is prohibited or 3. Accumulations of manure are not removed at such periods as will insure that no objectional aroma ex• ists and that the requirements of subdivision one above are complier with, or 4. The applicant has failed ho make a reasonable effort to keep the animal or animals under control and fenced within the area, or 5. The applicant has not met the standards set 'forth in Section 3 of this Ordinance, or 6. The animal has been treated cruelly and inhumanly. 7. The keeping, storing or stab- ling of said animals is a public nui- sance. SECTION 6. Any person violating, the pro - Visions of this ordinance shall be guilty of a misdemeanor and shall upon conviction there, be punished by a fine of not to exceeat$300.00 or by Imprisonment of not to exceed ninety (90) days. SECTION 7. This ordinance shall take effect and be enforced after its passage and publication according to law. PASSED BY THE COUNCIL dhis 12th day of September, 1977. qs/ Steve Frazier, Mayor .ATTEST: /s/ Elsa Wiltsey, Clerk- Administrator Published in the Maverick newspaper on this 5th day of October, 1977. ORDINANCE NO. 95 Keeping or depositing on private property of Junk, penalty for violation (OFFICIAL NOTICE) ORDINANCE NO. 95 AN ORDINANCE RESTRICTING- THE KEEPING OR DEPOSITING ON PRIVATE PROPERTY OF UN SAFE, UNUSEABLE, INOPERABLE EQUIPMENT, JUNK, DEBRIS OR OTHER SIMILAR PRIVATE PRO- PERTY WITHIN THE CITY OF SHOREWOOD AND PROVIDING A PENALTY FOR VIOLATION THEREOF THE CITY COUNCIL OF THE CITY OF SHOREW007 DOES OR- DAIN: SECTION 1. No owner, agent or occupant of any privately owned lands or premises shall place upon or permit upon his premises any aban- doned, discarded or unused objects or equipment such as non - operating vehicles of all kinds, furniture, Stoves,r refrigerators, freezers, lumber, trash, debris, junk containers, machinery, implements, equipment Which is no longer safely useable for the purpose for which they were manufactured, noxious weeds as defined in Minne- sota Statutes 18.171, fallen trees, fallen tree limbs, dead trees, dead tree limbs, garbage (except in auth- orized containers), ashes, yard clean- ings or any other foul or unhealthy material. SECTION 2. When there exists on private property a condition which is in violation of Section 1, a notice to remove the offensive mat- ter shall be served by the City Council or ,.Its agent upon the owner, agent or occupant. Such notice may be served personally. or may be served by mail. In all cases where such owner is not in the city or' cannot be found therein, then notice shall be sent to the last known address. Such notice shall describe the mat - ter to be removed and require the removal thereof within 10 days, in- cluding Saturdays, Sundays and holi- days. If at the end of said ten days following service of such notice, the offensive matter has not been re- moved the City shall cause removal and disposition. All costs incurred by the City for the removal and dis- position of all offensive matter shall be assessed, levied and collected as a special assessment payable in one sum or by up to ten equal annual installments as the Council may pro- vide against the premises from which it was removed in the manner pro- . vided by law for the levy and col - lection of other special assessments.. SECTION 3. Any person or cor- poration violating any ; ,,f the provi- sions of this Ordinance shall be guilty of a misdemeanor and shall be pun - ished by a fine of, not more than $300. 00 or by imprisonment for a period not to exceed 90 days. SECTION 4. This Ordinance shall take effect from and after its passage and publication. Passed by the City Council of the City of Shorewood this 22nd day of August, 1977. /s/ Steve Frazier, Mayor ATTEST: /s/ Elsa Wiltsey, Clerk- Administrator Published in the Maverick Newspaper: on this 5th day of October, 1977. 1 ��_1_t�N" tag '_ Rezone Property at Christmas Lake Road and Highway 7 0 ORDINANCE NO. 94 AN ORDINANCE TO AMEND OR- DINANCE NO. 77 OF THE CITY OF SHOREWOOD BEING AN ORDI- NANCE FOR THE PURPOSE OF PROMOTING THE HEALTH, SAFE- TY, ORDER, CONVENIENCE, PROS - PERITY AND GENERAL WELFARE BY REGULATING THE USE OF LAND, THE LOCATION, AREA, SIZE, USE AND HEIGHT OF BUILD- INGS ON LOTS AND THE DENSI- TY OF POPULATION IN THE CITY OF SHOREWOOD, MINNESOTA. THE CITY COUNCIL OF THE CITY OF SHOREWOOD DOES OR- DAIN: SECTION 1. Ordinance No. 77 of the City 'of Shorewood, being the Shorewood Zoning Ordinance, Is hereby amended by amending the official zoning map of the City of Shorewood to include within the C -1 zone property described as Lot 145, Auditor's Subdivision 120, ac- cording to the recorded plat thereof on file and of record in the office of the Register of Deeds, Hennepin County, Minnesota. 1. The entire lot is developed at one time; 2. Any building structure located thereon shall not unduly interfere with the flow of traffic; 3. The development shall preserve the desirable site characteristics of the lot; 4. The development shall not interfere with the overflow of water from Christmas Lake; 5. The development shall not have an undue or adverse effect upon adjacent property or the character of the neighborhood; 6. The development will be de- signed, arranged, and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations." SECTION 2. Section 23, Subd. 2 of Ordinance No. 77 is hereby amend- ed by adding thereto the following paragraph: "E. No Structure shall be con- structed on Lot 145, Auditor's Sub- division No. 120, nor shall any struc- ture built be occupied without the prior approval of the City Council. Before granting such approval the Council shall insure that: 1. The entire lot is developed at one time; 2. Any building structure located thereon shall not unduly interfere with the flow of traffic; 3. The development shall preserve the desirable site characteristics of the lot; 4. The development shall not interfere with the overflow of water from Christmas Lake; 5. The development shall not have an undue or adverse effect upon adjacent property or the character of the neighborhood; 6. The development will be de- signed, arranged, and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations." SECTION 3. That this ordinance shall take effect from and after its passage and publication according to law. ADOPTED by the Council of the City of Shorewood this 25th day of July, 1977. /s/ Steve Frazier Mayor ATTEST: /s/ Elsa Wiltsey Clerk- Administrator Published in the Maverick Newspaper on this 17th day of August, 1977. • • ORDINANCE NO. 93 For Licensing Tree Contractors for Diseased Tree Removal ORDINANCE NO. 93 AN ORDINANCE RELATING TO THE LICENSING OF PERSONS IN THE BUSINESS OF TRIMMING OR REMOVING TREES, PROVIDING FOR CERTAIN INSURANCE RE- QUI REMENTS. The City Council of the City of Shorewood ordains: Section 1. License Fee. The annual license fee oar — such license shall be $5.00. A license shall be Issued for the calendar year and shall expire on December 31st of the year in which it is Issued. Section 2. insurance. Each applicant for a Iic sere shall accom- pany his application with policies or certificates of insurance by an Insurance company authorized to do business In the State of Minne- sota evidencing the following In- surance coverage: a. Appropriate workman's com- pensation insurance in accord- ance with the workman's com- pensation laws of the State of Minnesota. b. Insurance against claims for death, bodily injury and pro- perty damage liability in the amounts of at least $500,000 for injury to or death of any one person, $500,000 for injury to or death of more than one per - son in any one accident and $100, 000 for damage to property. Section 3. Effective Date This ordinance shall be effective as of its date of publication. Steve Frazier Mayor ATTEST: Elsa I. Wiltsey Clerk- Administrator Passed by the Shorewood City Council on the 13th of June, 1977 and publish- ed in the Maverick Newspaper on June 22, 1977. 1�1 ORDINANCE NO. 92 CODE OF ETHICS FOR COUNCIL, STAFF, COMMISSIONS AND CONSULTANTS • 0 ORDINANCE NO. 92 AN ORDINANCE PROVIDING FOR A CODE OF ETHICS FOR COUNCIL MEMBERS, MEMBERS OF BOARDS OR COMMISSIONS, AND PROFESS- IONAL STAFF MEMBERS OF THE CITY OF SHOREWOOD, MINNESO- TA. THE COUNCIL OF THE CITY OF SHOREWOOD DOES ORDAIN: Section 1: Purpose: The City Council of the City of Shorewood confirms its determination that e- thical standards among its members as well as the members of the vari- ous commissions and professional staff of the City of Shorewood are es• sential to the public affairs of the City. The standards of conduct herein set forth are intended to serve as a guideline for the members of the City Council, thq commission- ers and the professional staff in carrying out their , 2uties. By eli- minating conflicts of interest and pro- viding a guide for conduct in City mat- ters, the City Couniil hopes to pro- mote the faith and confidence of the citizens of Shorewood in their gov- ernment, and to encourage its citi- zens to serve on its council and com- missions. Section 2. Standard of Conduct: a. No Council member, member of any board or commission or profes- sional staff member shall use such position to secure special privileges, or exemptions for such person or others. b. No Council member, member of a board or commission, or profession• al staff member In any matter before the Council. Board or commission which affects his financial interests or those of a business with which he is associated, unless the effect on him is no greater than on other members of his. business classifica- tion, profession or occupation, shall fail to disclose for the common good for the record such interest prior to any discussion or vote. c. No Council member, member,of a board or commission, or profes- sional staff member shall act as an agent or attorney for another In any matter before the City Council or any board or commission in which a conflict of Interest exists or may ex- ist Section 3. Disclosures: No later than thirty (30) days after the date of the adoption of this ordinance or thirty (30) days after taking the oath of office, whether elected or appoint- ive, or thirty (30) days after the acquisition or sale of any property, or change in the statement as oriii- nally filed, each Council member, member of a board or commission, or professional staff member shall file as a public record with the City Clerk, a list of all real property In the City of Shorewood owned by such person, his spouse, or minor child, or in which he has a bene- ficial interest, disclosing each In- dividual item held, and by whom having an assessed valuation In ex- cess of $10,000.00. Homestead shall be excluded from the above disclosure. Each Council member, member of aboard or commission, and professional staff member shall disclose all positions as officer, dir- ector, partner, proprietor or em- ployee of any company, business enterprise or corporation, partner- ship, labor union or association do- ing business with the City of Shore- wood, and Indicate with respect to each such relationship whether services are gratuitous or for com- pensation. Affiliations in Agencies doing Busi- ness with the City of S horewood Name of Position Compen5atioc, Organization Held Involved Yes No • d. No Council member, commission- er or professional staff member shall directly or indirectly receive, or a- gree to receive, any compensation, gift or reward or gratuity In any matter or proceeding connected with, or related to, the duties of his office except as may be provided bylaw. OL No Council member, member of any board or commission, or pro- fessional staff member shall enter Into any contract with the City of Shorewood, unless authorized by law. Any Council member, mem- ber of a board or commission or professional staff member who has a proprietary interest of 10 percent or more in an agency doing business with the City shall make known that interest in writing to the City Coun- cil and the City Clerk. Section 4. F�plm: The disclo- sure informatiop required herein shall be set faAh on the following form which stall be made available by the offic! of tl}E. C d *y Clerk an upon complAlletl' thereof by a Coun- cil member, member of a board or com- mission, or professional staff morn- ber stall be filed with the City Clerk. Real Property Owned in the City of Shor ewood Real property items having a va- lue in excess of $10,000.00 owned or being purchased by'the Council member, commissioner, or profession- al staff member, spouse, or minor child, or in which he has a beneficial interest. The actual value of any item is not required (exclude ho n,e- stead property). Prop item Location Assets Identify all ownership or beneficial interests in corporations or other business enterprises or agencies doing business with the City of Shorewood where such interest exceeds 10 per- cent of the total ownership. Name of Organiza Section 5. Penalty: Any person who shall violate any of the provisions hereof shall be guilty of a misdemean- or. Adopted by the City Council of the City of Shorewood this 9th day of May, 1977. STEVE FRAZIER Mayor ATTEST: ELSA WILTSEY Clerk- Administrator Published In the Maverick Newspaper on this 22nd day of June, 1977. ORDINANCE N0. 91 - Regulations for Parks and Beaches Section 11. For the protection of the public and-the orderly use of the public tennis courts, the following rules are established: Subd. 1. No person shall be ak lowed on any tennis courts while wearing street shoes. Subd. 2. No bicycles or other type of vehicles shall be allowed on the tennis courts. Subd. 3. No use shall be made of the tennis courts during the tennis season except for playing tennis. Subd. 4. When other players are waiting to use the tennis courts. no one may use the courts longer than 60 minutes. Section 12. For the protection of the public and the orderly use o+ the public skating rinks, the follow. ing rules are established: Subd. I. Skating areas shall be Posted for "hockey" or "free skating ". Subd. 2. No hockey - sticks or Pucks shall be allowed in the "free skating" area. Subd. 3. No vehicles shall be allowed upon any skating rink, except municipal equipment there for the purpose of main- taining the rinks. Subd. 4. No glass objects shall be allowed on any skating rink or skating rink area. Subd. 5. No person under the age Of 19 will be allowed on any skating area posted for "hockey" unless such person is woaring protective head gear desinged for the purpose of protecting indi- viduals while playing hockey. Section 13. For the protection of the public and orderly use of public parks and beaches, the following rules are established: Subd. 1. No fire shall be built by any person, except in desig- nated areas. Subd. 2. No horses shall be al- lowed to be ridden in any public park or on any public beach, ex- cept with prior approval from the city council. Subd. 3. No dogs shall be allowed In public parks, unless kept on a leash. Subd. 4. No gambling or use or alcohol shall be allowed in a Public park. Section 14. Penalty. Any per- son violtaing any division of this or- dinance shall be guilty of a petty misdemeanor and shall be punished by a fine of not to exceed $100.00. Section 15. Effective date. This ordinance shall take effect from and after Its passage and publication. PASSED this 28th day of Febru- ary, 1977. /s/ Steve Frazier Mayor ATTEST: /s/ Elsa 1. Wiltsey Clerk Published in the Maverick Newspaper on this 23rd day of March, 1977. - ORDINANCE NO. 91 AN ORDINANCE FOR THE PUR- POSE OF REGULATING THE USE OF PUBLIC PARKS AND PUBLIC BEACHES OPERATED BY THE CITY OF SHOREWOOD THE CITY COUNCIL OF THE CITY OF SHOREWOOD DOES OR- • DAIN: Section 1. No person shall enter or remain in any park between the hours of 10:30 P.M. and 6:00 A.M., unless such person is participating In an organized activity authorized by the City of Shorewood. Section 2. No person shall set up any tent, Shack, or other temporary shslter..in any park, nor shall any per- son leave any property including, but not limited to vehicles, campers and trailers in any park between the hours of 10:30 P.M. and 6:00 A.M., without the written permissions of the city administrator. Section 3. No person over four years of age shall use any restroom or washroom designated for use by the opposite Sex. Section 4. No band, procession, parade, military display, entertain- ment, exhibition, picnic, or public meeting shall be allowed in any park, unless written permission authorizing such activity is first obtained from the city administrator. Subd. 1. Groups of less than 20 persons shall be exempt from the provisions of this Section. Section 5. No person shall bring any firearms, air rifle, Be gun, sling shot, explosives, fireworks, or devices .Capable of discharging blank ammun- ition Into any p %�rk. Subd. 1. Pea a officers while on duty shall be extempt from the provisions of this Section. Section 6. No person shall ride or N propel any bicycle in any public Park In such a manner as to Interfere or endanger any pedestrian. Section 7. No person shall drive any motorized vehicle of any kind in any park, except on designated roads and parking areas and trails. Subd. 1. Municipal employees while on duty, or other persons authorized by the city shall be exempt from the provisions of this Section. Section 8. The general public shall not be allowed t0 use or Occupy any athletic field, rink or area during those times the field, rink or area is scheduled for authorized use by athletic associations. Section 9. The City of Shorewood Shall designate the proper protective equipment to be worn by persons participating in organized baseball, tackle football and hockey. Subd. 1. No person under the age of 19 shall play organized baseball, tackle football or hoc - key in any park unless such per- son Is wearing proper protec- tive equipment. Section 10. For the protection of the public and the orderly use of the waters located in the parks, the following rules are established: Subd. 1. No person shall swim except at designated areas. Subd. 2. No person shall swim beyond buoys marking the limits of the swimming area. Subd. 3. No child under 10 years of age shall be allowed at a desig- nated swimming area without competent supervision. Subd. 4. Any person swimming at a public beach when a lifeguard is i s off duty swims at his or her own risk. Section 11. For the protection of the public and-the orderly use of the public tennis courts, the following rules are established: Subd. 1. No person shall be ak lowed on any tennis courts while wearing street shoes. Subd. 2. No bicycles or other type of vehicles shall be allowed on the tennis courts. Subd. 3. No use shall be made of the tennis courts during the tennis season except for playing tennis. Subd. 4. When other players are waiting to use the tennis courts. no one may use the courts longer than 60 minutes. Section 12. For the protection of the public and the orderly use o+ the public skating rinks, the follow. ing rules are established: Subd. I. Skating areas shall be Posted for "hockey" or "free skating ". Subd. 2. No hockey - sticks or Pucks shall be allowed in the "free skating" area. Subd. 3. No vehicles shall be allowed upon any skating rink, except municipal equipment there for the purpose of main- taining the rinks. Subd. 4. No glass objects shall be allowed on any skating rink or skating rink area. Subd. 5. No person under the age Of 19 will be allowed on any skating area posted for "hockey" unless such person is woaring protective head gear desinged for the purpose of protecting indi- viduals while playing hockey. Section 13. For the protection of the public and orderly use of public parks and beaches, the following rules are established: Subd. 1. No fire shall be built by any person, except in desig- nated areas. Subd. 2. No horses shall be al- lowed to be ridden in any public park or on any public beach, ex- cept with prior approval from the city council. Subd. 3. No dogs shall be allowed In public parks, unless kept on a leash. Subd. 4. No gambling or use or alcohol shall be allowed in a Public park. Section 14. Penalty. Any per- son violtaing any division of this or- dinance shall be guilty of a petty misdemeanor and shall be punished by a fine of not to exceed $100.00. Section 15. Effective date. This ordinance shall take effect from and after Its passage and publication. PASSED this 28th day of Febru- ary, 1977. /s/ Steve Frazier Mayor ATTEST: /s/ Elsa 1. Wiltsey Clerk Published in the Maverick Newspaper on this 23rd day of March, 1977. ORDINANCE Noe 90 Having to do with ensing and W ing the Sale and Consumption of In- icati.ng Liquor sued only to incorporated clubs which have been in existence for twenty (20) years or more, or to congress• lonally chartered veterans' organiza- tions which have been in existence for ten (10) years or more. Subd. 5. Special license for Sun. gay sales. A' unday cT�" au r o`ri"2Mq sales on Sudnay in con- junction with the serving of food may be Issued to any hotel, restaurant, or club which has fgcllities for serving at least thirty (30) guests at one time, and which has an "on -sale" license. 1v,,,w1 ­.i.ot Section 3. Application for Li- ORDINANCE NO. 90 can". Subdivision 2. Form. very application for a license to sell liquor AN ORDINANCE LICENSING AND or wine shall state the name of the ap- REGULATING THE SALE AND plicant, his age, representations as to CONSUMPTION OF INTOXICA- his character, with such references as TING LIQUOR, REPEALING IN- the council may require his citizen - CONSISTENT ORDINANCES, AND ship, the type of license applied for, the business in connection with which the proposed license will oper- PROVIDING A PENALTY FOR VIO- ate and Its location, whether the ap. LATION. plicant Is owner and operator of the business, how long he has been in The Council of the City of Shore- that business at that place, and such wood Ordains: other information as the council may require from time to time. In addi- Section 1. Provisions of State tion to containing such Information, Law Ado led. he the application shall be in the form nnesota Statutes Chapter 340, •s prescribed by the liquor control dir- ector and shall be verified and filed with the city clerk. No person shall lating to the definition of terms, iI- make a false statement in an applica. censing, consumption, sales, condi- tion. tions of bonds of licensees, hours of Subd. 2. Bond. Each application sale, and all other matters pertaining for a license shaTbe accompanied by to the retail sale, distribution, and a surety bond or, in lieu therof, cash consumption of intoxicating liquor or United States Government bonds are adopted and made a part of this of equivalent market value as provid- ordinance as if set out In full. ed in Minnesota Statutes, Section 340.12. Such surety bond or other Section 2. License Re uir�ed.. Sub. security shall be In the sum of division 1. General eZ q�m_int. $5.000.00 for an applicant for an No person, except a whip e or "on -sale" license or an "on -sale wine" manufacturer to the extent author- license. Ized under state license, shall directly Subd. 3. Liability insurance. or indirectly deal in, sell, or keep for Prior to the issuancea liquor li- n the city any intoxicating II- tense, the applicant "shall file with without a license to do so as the city clerk a liability Insurance ad in this ordinance. Liquor policy in the amount of $10,000.00 licenses shall be of four kinds. "on- sale ",1 "on -sale wine ", "club licenses," and "special Sunday licenses." Subd. 2. On -sale licenses. "On. coverage for one person and $20,000. sale" licenses shall be issued only to coverage for more than one per - hotels, clubs, restaurants, and shall son and`.shall comply with the provi. permit "on- sale" of liquor only. sions of Minnesota Statutes, Section Subd. 3. On -sale wine licenses. 340.12 relating to liability insurance "on -sale' wine " - licenses shall be issued policies. If a liability Insurance poll- only to restaurants with a seating ca- cy is made subject to all the condi. pacity for at least fifty (50) guests tions of a bond under that statute, meeting the qualifications of Minne- the policy may be accepted by the sota Statutes, Section 340.11., Sub- council in lieu of the bond required division 20 and shall permit only the,. under Subdivision 2. Subd. 4. A royal of securit sale of wine not exceeding 14 percent The security o order ubdivi- alcohol by volume, for consumption sions 2 and 3 shall be approved by on the licensed premises only, in con- sumption on the licensed premises _. only, in conjunction with the sale of food. the city council and in the case of ap- Subd. 4. Special club license plicants for "on -sale wine" licenses Special "club licenses" shall be is- by the state liquor control director. Surety bonds and liability insurance policies shall be approved as to form by the city attorney. Operation of a licensed business without having on file with the city at all time effective security as required in Subdivisions 2 and 3 is a cause for revocation of the license. Section 4. License Fees. Subdivi- sion 1. Fees. THe annual fee for a liquor license. shall be $7,500.00 for an "on- sale" license, $500.00 for an "on -sale wine ". license, $100.00 for a "special club license " - afm $200.00 for a "special Sundays Licensed Subd. 2. P Each applica- tion for a license shall be accompan- ied by a. receipt from the city treas- urer for payment in full of the license fee, All fees shall be paid into the general fund. If an application for a license is rejected, the treasurer shall refund the amount paid. Subd.. 3. T erms pro rata fee Each license shall be Issued for a per- iod of one year except that if the ap- plication is made during the Iicehse year, a license may be issued for the remainder of the year for a pro rate fee, with any unexpired fraction of a month being counted as one month. Every license shall expire on the first day of July. Subd. 4. Refunds. No refund of any fee shall be made except as au- thorized by statute. Section 5. Granting of licenses. Subdivision 1. Investigation and issu ance. The city council shall Investi- gate all facts set out in the applica- tion. 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" license shall become effective until it, together with the security furnished by the applicant, has been approved by the liquor control director. Subd. 2. Person and premises li censed; transfer. Each license shall be issued only to the applicant and for the premises described in the ap- plication. No license may be trans- ferred to another person or place Without city council approval. Any transfer of stock of a corporate licen- see Is deemed a transfer of the license and a transfer of stock without prior council approval is a ground for revo- cation of the license. Section 6. Persons Ineliailall License. No license shall be grants to any person mays., ineligible 'for such a license by state law. Section 7. Places Ineligible for Li cense. Subdivision 1. G eneral prohi- bition No license shall be issued for any place or any business ineligible for such a license under state law. Subd. 2. Delinquent Taxes and Charges. No license ran for operation on any premises on which taxes, assessments, or other fi- nancial claims of the city are delin- quent and unpaid. Subd. 3. nictance from School or Church. No license shall be granted within 200 feet of any school or any church. Section 8. Conditions of Licens Subdivision 1. In General. Every li- cense is subject to the conditions in the following subdivisions and all other provisions of this ordinance and of any other applicable ordinance, state law or regulation. Subd. 2. Licensee's Responsibili tV.. Every licensee is responsible for conduct of his place of business and the conditions of sobriety and order in it. The act of any employee on the licensed premises authorized to sell intoxicating liquor there is deem- ed the act of the licensee as well, and the licensee shall be liable to all pen- alties provided by this ordinance and -the law eaiutilly with the employee. Subd. 3. I nspection s. Every li- censee shall allow any peace officer, health officer, or properly designated officer or employee of the city to en- ter, inspect, and search the premises of the licensee during business hours without a warrant. Subd. 4. Display during Prohibi ted Hours. No "on -sale" establish- ment shall display liquor to the pub - IiS during hours when the sale of li- quor is prohibited. Section 9. Restrictions on Pu chase and Consumption Subdivisior 1. Liquor in unlicensed places No person shall mix or prepare liquor for consumption in any public place or place of business unless it has a license to sell liquor "on -sale" or a permit from the liquor control direc- tor under Minnesota Statutes, Section 340.119 and no person shall con- sume liquor in any such place. Subd. 2. Consumption in Public Places. No person shall consume li- quor on a public highway, public park, or other public place. Section 10. Suspension and Re- vocation The council it may either sus - perffl`for not t?* ek eed sixty (60) days or revoke any liquor license up- on finding that the licensee has fail- ed to cohiply with any applicable sta- tute, regulation, or ordinance relating to intokicating liquor. No suspension or revocation shall take effect until the licensee has been afforded an op- portunity for a hearing pursuant to Minnesota Statutes, Secton 15.0418 to 15.0428. Section 11. Penalty. Any person violating any provision of this ordi- nance is guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than $300 or im- prisonment in the city jail for not more than 90 days, or both. Section 12. Repeal Ordinance No. 42, 57, 65, and 66 are hereby re- pealed. Section 13. Effective-Date. This ordinance becomes effective upon its passage and publication according to law. Passed by the council this 10th day of January, 1977. s /Steve Frazier Mayor Attest: s /Elsa 1. Wiltsey, Clerk Published in the Maverick Newspaper on this 9th day of February, 1977 /CI X �' S 340.11 INTOXICATING LIQUORS 6520 Subd. 10. On-sale licenses; counties. (1) On-sale licenses may be issued for the sale of intoxicating liquors by any county herein provided for. (2) A county board may issue an "on-sale" license for the sale of intoxicating liquors within the unorganized or unincorporated area of the county, to a restaurant or to a club, with the approval of the commissioner of public safety. No license may be issued or renewed under this clause until the county board has secured a written statement of the sheriff concerning the applicant. The statement must include a recital that to the best of his 'knowledge the applicant has not, within five years before the date of application, violated any law relating to the sale of non-intoxicating malt liquor or intoxicating liquors and thai in his judgment the applicant will comply with the laws and regulations relating to the conduct of the business if the license is issued or renewed. Before issuing or renewing a license, the county board shall consider the statement of the sheriff, the character and reputation of the applicant, the nature of the business to be conducted, the type of premises, and the propriety of the location of the business. All licenses issued pursuant to this clause are subject to the appropriate provisions of the intoxicating liquor act except as otherwise provided herein. The license fee for an on-sale license issued pursuant to this section or pursuant to any other law governing the issuance of a license by a county shall be fixed by the county board. The fee must be in an amount competitive with similar licensing fees in comparable areas where intoxicating liquor is sold at on-sale. If the licensed premises to which a license issued pursuant to this section or any other law governing the issuance of a license by a county is located in a town, an additional license fee may be set by the town board in an amount not to exceed 20 percent of the county license fee. No premises located in a town may be licensed by the county board unless a resolution of the town board of supervisors indicating its support for the granting of the license is filed with the application for the license. If the town board of supervisors refuses or fails to adopt a resolution indicating its opposition within 30 days after receiving notice of the application, it shall be presumed that it supports the application, and the premises may be licensed. No license may be issued by a county board pursuant to this section to a person who di►ectly or indirectly has been issued an intoxicating liquor license by the county board or by the governing body of any city located within the county. Nothing in this paragraph shall be construed to prohibit the re-issuance of an intoxicating liquor license already issued pursuant to law as of June 5, 1975. Subd. 10a. Off-sale licenses; certain counties. (1) Off-sale licenses may be issued for the sale of intoxicating liquors by certain counties herein provided for. (2) A county board of any county containing unorganized area may issue an off-sale liquor license within any unorganized area of the county to an exclusive liquor store with the approval of the commissioner of public safety. All licenses issued pursuant to this clause shall be governed by the appropriate provisions of the intoxicating liquor act except as otherwise provided herein. The license fee for an off-sale license issued pursuant to this section shall be fixed by the county board in an amount not to exceed $500. Subd. 10b. Off -sale licenses; towns. The town board of any town exercis- in 9 powers pursuant to section 368.01, subdivision 1, may issue off-sale licenses for the sale of intoxicating liquor to exclusive liquor stores with the approval of the commissioner of public safety. Licenses issued under this subdivision shall be governed by the appropriate provisions of the intoxicating liquor act except as provided otherwise by this subdivision. The fee for a license shall be fixed by the boar in an amount not to exceed $500. S 11. On-sale licenses, including hotels, clubs, restaurants, and on-s* liquor stores. "On-sale" licenses may be issued by municipalities for tile exclusive 65 D1 Sr�� . -c4 P' INTOXICATING LIQUORS 340 r sale of intoxicating liquors in hotels, clubs, restaurants and establishments for the sale of "on- sale" liquors exclusively within the number authorized by this section. In addition to the number of Iicenses authorized by this section, an "on- sale" license may be issued, if approved by the commissioner of public safety, to a bona I ide club which has been in existence for 15 years or more or to a congressionally chartered veterans' organization which has been in existence for five years. The club or veterans' organization must be incorporated in order to be eligible to' apply for a license, and the license issued must be for the sale of intoxicating liquors to members and bona fide guests only. The license fee for an "on- sale" license issued by a municipality pursuant to this subdivision shall be in an amount determined by the governing body thereof subject to the following limitations: up to $300 for a veterans organization or fraternal club with a membership of 200 or less; up to $500 for a veterans - organization or fraternal club with a membership of between 201 and 500; up to $650 for a veterans organization or fraternal club with a membership of between 501 and 1,000; up to $800 for a veterans organization or fraternal club with a membership of between 1,001 and 2,000, up to $1,000 for a veterans organization or fraternal club with a membership between 2,000 and 4,000; up to $2,000 for a veterans organization or fraternal club with a member- ship of between 4,001 and 6,000; and up to $3,000 for a veterans organization or fraternal club with a membership of more than 6,000. For purposes of the maximum license fee which may be imposed by a municipality pursuant to this subdivision, "fraternal club" means a club which serves only members and their guests and which uses any profits derived from these sales principally for sponsor- ing activities beneficial to the community and not for the benefit of any individual. Except in cities of the first, second, and third class, a license may be issued jointly to congressionally chartered veterans' organizations that otherwise qualify under this subdivision. Subd. 11 a. On -sale licenses to certain sports conunissions. Notwithstanding any law or municipal charter provision to the contrary, on -sale licenses for the sale of intoxicating liquor may be issued to establishments located on lands owned by the commission created in sections 473.551 to 473.595 and which are used primarily for sports and recreational purposes upon payment of the regular on -sale license fee therefor to the municipality wherein the licensed premises are located. Such licenses shall authorize the sale of intoxicating liquor to club members and guests only. Subd. 11 b. On -sale licenses to certain nonprofit corporations. "On- sale" licenses for the sale of intoxicating liquor may, in the discretion of the municipali- ty, be issued in a city of the first class to a nonprofit corporation which was organized prior to January 1, 1972 to promote, stimulate, and support community education, appreciation and development of the theater and cultural arts through dramatic performances and other means and which has operated a repertory theater in the city since at least January 1, 1972. The licenses may be issued notwithstanding any limitations imposed by law, charter or ordinance relating to liquor patrol limits, zoning, or school or church distance limitations. The licenses shall be in excess of any limitations imposed by subdivision 5a. The licenses may authorize sales on all days of the week. All other laws, charter provisions, or ordinances relating to the licensing and regulation of on -sale liquor establishments, including the granting, renewal, suspension or revocation of licenses shall apply. A license issued pursuant to this subdivision shall authorize the sale of intoxicating liquor only to holders of tickets to dramatic performances presented by the nonprofit corporation and members of the nonprofit corporation and their guests. Subd. l lc. Sale of liquor at sports or convention facilities. The governing body of any municipality as defined in section 340.07, subdivision 11, may by ordinance authorize any holder of an on -sale intoxicating liquor license issued by t� s i