Chapter V. Municipal Regulation
and Licensing
Part 1. General Licensing and Permit Provisions
501.01. Licenses and permits. Subdivision 1. General
Rule. Except as otherwise provided
in this code, all licenses and permits granted by the city shall be governed by
the provisions of this part.
Subd. 2. Acts
prohibited. No person shall conduct
any activity or use any property for which a license or permit is required by
law or this code without a currently valid license or permit for such activity
or use.
Subd. 3. Application. Every application for a license shall be made
to the clerk on a form the clerk provides. It shall be accompanied by payment to the clerk of the prescribed fee.
If, after investigation, the clerk is satisfied that all requirements of law
and this code have been met, the clerk shall present the application to the
council for action or, if the license or permit does not require council
approval, the clerk shall issue the license or permit.
501.02. Not transferable. No license issued by the city may be
transferred from one person to another without permission of the council. When the council permits the transfer of a
license, it may waive any residency requirement, but only for the required term
of the license.
501.03. Revocation. Any license may be revoked by the council for
a violation of the section or chapter under which it is issued. However, the revocation must follow any
procedure provided in the section or chapter in question.
501.04. Appeal. Any person who has made application which has
been denied or not acted upon with 30 days after the application may apply
directly to the council for a license. The application to the council shall contain the same information required
in the original application, plus any additional information that the council
may require or that the applicant may feel is pertinent. The council may grant the license, after
hearing, if the requirements of this code are substantially complied with, and
in the opinion of the council granting the license would be in the best
interest of the public.
Part 2. Cigarette Licenses
502.01. License required. No person, firm, or corporation shall
directly or indirectly or by means of any device keep for retail sale, sell at
retail or otherwise dispose of any cigarette, cigarette paper, or cigarette
wrapper at any place in the city unless a license therefor shall first have
been obtained.
502.02. Application. In the cigarette license application, the
applicant shall make full disclosure of all matter relating to the applicant's
name, age, the business in connection with which the proposed license will
operate and its location, and such other information as may be required by the
council.
502.03. Fees. The fee for every license shall be $12.00 per
year. The fee for a cigarette vending
machine shall be regulated by the council.
502.04. License shall be displayed. Every license shall be kept conspicuously
posted at the location for which the license is issued and shall be exhibited
to any person upon request.
502.05. Restrictions. Subdivision 1. Character. No license shall be issued except to a person
of good moral character.
Subd. 2. Drugs. No person shall keep for sale, sell, or dispose of any cigarette containing
opium, morphine, jimson weed, bella donna, strychnia, cocaine, marijuana, or
any other deleterious or poisonous drug except nicotine. No person shall sell any substance, the use
of which is prohibited by law.
Part 3. Public Dances
503.01. Definition. The term "public dance" shall be
taken to apply to any place in which dancing may be or is carried on, other
than a private residence; and the term "public dance" shall be taken
to apply to every dance held in a public dancing place, whether an admission
fee is charged or not.
503.02. License required. No person shall conduct a public dance in
this city unless a license shall have been procured therefor from the clerk.
503.03. Fee. The license fee shall be $5.00 per dance,
provided that any lodge or society not organized or maintained for profit may
conduct public dances upon the payment of $1 fee per dance.
503.04. Application. Any person or persons desiring a permit to
hold or conduct a public dance in the city shall make application therefor on
blanks furnished by the clerk. The
applications shall set forth the name and address of the person, person,
committee, or organization which is to conduct the dance; time and place where
such dance is to be held; and the area of the dance floor. The application shall also show affirmatively
that all the applicants are of good moral character and reputation in the
communities in which they live, and that none of the applicants has been
convicted of a felony, gross misdemeanor, or of violating any ordinance or law
regulating dances any place in the United States. The clerk shall issue the license if in the
clerk's opinion the public health or safety will not suffer therefrom. In case the license be issued, the same shall be posted in a public place in the
dance hall described therein during the time the dance is being given, and the
persons named in the license shall be responsible under the law for the manner
in which such dance is to be held and conducted.
503.05. Police protection required. It shall be a condition of any permit issued
under this part that the applicant shall provide at the applicant's own expense
policing of the immediate and surrounding area of the building or area in or
upon which said dance is held by a police officer approved by the chief of
police. The failure to provide such
policing shall constitute grounds for the immediate revocation of the license.
Part 4. Peddlers
504.01. License Required. No solicitor, peddler, hauler, or transient
vendor of merchandises without having been requested or invited to do so by the
owner or owners, occupant or occupants shall enter a private residence of the
city for the purpose of soliciting orders for the sale of goods, wares, and
merchandise, or for the purpose of disposing of or peddling or hauling the
same, without first obtaining a license therefor.
504.02. Application. Before any license shall be issued to any
person to vend, sell, hawk, or peddle goods, the person desiring such license
shall file a written application with the clerk. Said application shall show:
a. The name of the applicant and the persons
associated with the applicant in the business;
d. A general description of the thing or things
to be sold;
e. The present place of business of the
applicant.
f. References
504.03. Issuance fee. Every application for a license under this
ordinance shall bear the written approval of the city chief of police or mayor
after an investigation of the moral character of the applicant. When the applicant presents to the clerk an
application in proper form for any business not prohibited by law, the
applicant shall pay a fee of $25.00 to
cover the cost of said application.
504.04. Exclusion by placard. Any resident of the city who wishes to
exclude peddlers or solicitors from premises the resident occupies may place
upon or near the usual entrance to such premises a printed placard or sign
bearing the following notice: "Peddlers and Solicitors Prohibited." Such placard shall be at least three and
three-quarter inches long and three and three-quarters inches wide and the
printing thereon shall not be smaller than 48-point type. No peddler or solicitor shall enter in or
upon any premises or attempt to enter in or upon any premises, where such
placard or sign is placed and maintained.
504.05. Defacing placards. No person other than the person occupying
such premises shall remove injure or deface such placard or sign.
Part 5. Fireworks
505.01. License Required. No person shall use or explode any fireworks
as defined in Minn. Stat. 624.20 without a license therefor.
505.02. Application. Every application for such a license shall be
made in writing to the clerk at least 15 days in advance of the date of the
display. The application shall be
promptly referred to the fire marshal, who shall make an investigation to
determine whether the operator of the display is competent and whether the
display is of such a character and is to be so located, discharged, or fire
that it will not be hazardous to property or endanger any person. The first marshal shall report the findings
of this investigation to the clerk and if the marshal reports that in the marshal's
opinion the operator is competent and that the display as planned will conform
to safety requirements, including the rules and regulations of the state fire
marshal, the clerk shall issue a license
for the display.
505.03. Fee. The license shall not be issued until a fee
of $25.00 is paid for each day of display.
Part 6. Garbage and Rubbish
506.01. Purposes. In order to provide for a continuous system
of refuse collection and disposal in a manner which meets the needs and
conveniences of the residents of this city and in order to protect the area
from the problems of uncoordinated, unsanitary, and improper solid waste
disposal, the Council hereby determines that it is in the best interest of the
residents of the city to require licenses of persons collecting and/or hauling
garbage and rubbish for hire, reserving to the city the right and authority to
grant an exclusive refuse collection franchise to a single operator.
506.02. License required. No persons may collect or haul garbage or
rubbish within the city without first obtaining a written license therefore
from the council. An application for
license shall be submitted in writing to the city clerk and shall contain the
following information:
a. Name and
address of the applicant;
b. Description of the equipment which will be
used within the city by the applicant.
c. A schedule of the rate that will be charged
by the applicant for the various categories of customers within the city;
d. Evidence of compliance with the other
applicable sections of this chapter.
The application for a license shall be accompanied by
the license fee of $10.00 which shall be refunded if the license be
denied. The annual fee will be the
amount herein stated. Application for
renewal of a license shall be submitted in writing to the clerk on or before December 1 of each year, and shall
contain the information required by the initial application for a license, as
stated above. Licenses shall be for a
term of one year commencing January 1 of each year, but may be issued on a pro
rata basis.
506.03. Garbage and rubbish defined. For the purpose of this part, garbage and
rubbish are defined to include garbage and rubbish of all kinds that accumulate
in the ordinary operation of a household, grass trimmings, ashes, tree
branches, leaves, and other refuse small enough to go into a 20-gallon garbage
can.
506.04. Franchise. The council may exercise its reserved right
to provide for a franchise to a single operator for the collection of garbage
and rubbish within the city.
506.05. Suspension of license or
franchise. A franchise or
license issued under the provisions of this part may be revoked or suspended
for a violation of this part or other applicable regulations of law, upon a
showing that the franchisee or licensee has failed to comply with the same.
506.06. Financial responsibility. The licensee or franchisee shall show
financial responsibility or a certificate of insurance coverage prior to
obtaining the license or franchise whereby each vehicle to be used by said
licensee or franchisee shall be covered against loss or injury in the following
amounts: $200,000 when the claim is one
for death by wrongful act or omission and $200,000 to any claimant in any other
case; $600,000 for any number of claims arising out of a single
occurrence. Said licensee or franchisee
shall also provide evidence of workers compensation insurance for
employees. Such insurance policy shall
be for the full term of the license or franchise and shall provide for the
giving of 10 days prior notice to the city of the termination or cancellation
of said policies. In case any of said
policies are terminated, the license or franchise shall be automatically
revoked upon receipt by the clerk of said termination or cancellation.
506.07. Design of equipment. All trucks or motor vehicles used by the
licensee or franchisee shall be watertight so as not to allow the leakage of
liquids or refuse while hauling the same and shall be covered with a metal
covering to prevent the scattering of its contents upon the public streets or
private properties in the city. Vehicles
shall meet state DOT requirements.
506.08. Inspection. All vehicles used for garbage or rubbish
shall be made available for inspection within the city at such times and places
as the council shall designate.
506.09. Bond. The franchisee or licensee(s) may be required
to furnish a surety bond in such amount as the council deems necessary running
to and approved by the council, guaranteeing the franchisees' (licensee)
faithful and continuous performance of the terms of the franchise, license, or
contract and of this ordinance.
506.10. Metal and plastic cans. Every household or occupant of any dwelling
house, boarding house, restaurant, or any place of business, having garbage to
dispose of, who does not otherwise provide for the disposal of garbage in a
sanitary manner, shall provide one or more fly-tight metal or plastic cans
sufficient to receive all garbage which may accumulate between the times of
collection.
506.11. Accumulations. No person shall fail to dispose of in a
sanitary manner garbage and rubbish accumulated upon property the person owns
or occupies.
506.12. Dumping. All
garbage and rubbish accumulating between the times of collection shall be
placed and stored in approved cans or containers.
506.13. Container placements. Garbage cans shall be kept at the rear of the
property if there is an alley, and shall be accessible to collectors at all
reasonable times.
Part 7. Circuses, Theatrical Performances,
Amusements, Shows, and
Exhibitions
507.01. License required. No person except a local school, lodge,
society or charitable organization, none of which are organized or maintained
for profit, shall hold, promote, advertise for, or otherwise engage in offering
opening to the public a circus, theatrical performance, amusement, show or
exhibition without first obtaining from the council a license therefor.
507.02. Fee. The license fee shall be determined by
council as needed for each day that the activity is conducted, offered, or held
open for the public, whichever is less.
507.03. Application. Any person or persons desiring to engage in
activities regulated under this section shall make application for such license
on a form furnished by the clerk. The
application shall set forth the name and address of the person, persons,
committee, or organization which is to conduct the regulated activity; state
the times and places where such activities are to be held or conducted and state
the nature of the activity for which the license is sought. The application shall also contain such other
information as is reasonable requested by the clerk. In the event the license is issued, the same
shall be posted in a conspicuous place on the premises at which the activity is
conducted.
507.04. Deposit required. As a condition for the issuance of a license
the applicant shall deposit with the clerk the sum of $500.00, dedicated to
cleaning up and restoring the area used to its state existing prior to the
commencement of the activity licensed. The licensee shall have a period of 24 hours following the termination
of the activity with which to clean up and restore the area or premises. The clerk or other authorized personnel of
the city may examine the area to see if the conditions herein stated have been
complied with. Upon compliance, the
clerk shall refund the deposit of $500.00. The refusal of or failure by the licensee to comply with the conditions
of this section shall constitute a release of any claim to the deposited sum by
the licensee, and said sum shall thereafter be forfeited to the city for the
purposes of cleaning up and restoring the area or premises, any balance
remaining thereafter shall be deemed liquidated damages and are forfeited to
the city for failure to comply with this section.
Part 8. Dogs, Cats, and Other Animals
a. Owner. Any person, group of persons, or legal entity owning, keeping, or
harboring a dog or dogs, cat or cats.
b. Harborer. The harborer of a dog or cat shall be any person who has custody of any
dog or cat or permits a dog or cat to be kept or to stay on or about the
harborer's premises.
c. At large. A dog or cat shall be termed at large when it is not under restraint, as
defined herein.
d. Restraint. A dog or cat is under restraint if it is controlled by a leash not
exceeding eight feet in length; or if it is under the voice or signal command
of a competent person, providing that the dog or cat will immediately respond
to and obey the voice or signal commands of such person; or if it is within the boundaries of the owner's or harborer's premises.
e. Police. The police officers of the city, or any person, firms or agency hired or
engaged by the city to assist the police in the performance of their duties.
508.02. Licensing. No
person shall own, keep or harbor a dog or cat unless such dog or cat is
licensed as provided herein.
508.03. License application. Application shall be made in writing at the
office of the clerk. The application
shall state the name and address of the owner of the dog or cat, the name,
breed, age, sex, and color of the dog or cat, and be accompanied by a
certificate of vaccination from a qualified veterinarian certifying that the
dog or cat has been vaccinated against rabies, or has received a booster shot
therefore, within the 24 month period immediately preceding the application.
508.04. License fee. The license fee shall be $5.00 for each dog
or cat. The license fee shall be paid at
the time of making the application.
508.05. Term of license. All dog or cat licenses shall be issued for
the duration of the rabies vaccination. A permit must be obtained within 30 days for any dog or cat brought into and kept in the city.
508.06. Dogs and cats not requiring
licensing. No license
shall be required of dogs and cats less than three months of age.
508.07. Tag and collar. All dogs and cats shall be harnessed or collared. The clerk shall upon issuance of a license
provide the applicant with a metallic tag which shall be dated and numbered,
and which shall be securely fastened to the animal's collar or harness at all
times.
508.08. Restraint of dogs. No dog shall be permitted to be at large in
the city. All dogs shall be under
restraint at all times.
508.09. Confinement of certain
animals. The owner or
harborer shall confine within a building or secure enclosure any fierce,
dangerous or vicious dog or cat, and not permit such animal out of such
confinement unless and until it is securely muzzled and in control of a
competent person.
508.10. Animals creating nuisance
prohibited. No person
shall keep or harbor an animal which barks or howls, or otherwise constitutes a
nuisance.
508.11. Impounding animals. The police or any other duly appointed
person, may take and impound any animal which is not being kept, confined or
restrained in a manner consistent with the requirements of this regulation. Such police or person may enter upon private
premises where it appears that there is reasonable cause to believe that an
animal is not being kept, confined, or restrained as herein required.
508.12 Notice to owner. Immediately upon the impounding of an animal
wearing a current license tag, the
police shall make every reasonable effort to notify the owner or harborer of
such impoundment, and of the conditions whereby the owner or harborer may
regain custody of the animal. Verbal
notice shall be immediately confirmed in writing by the police.
508.13. Reclaiming impounded animal. Any animal impounded hereunder may be
reclaimed by the owner or harborer of same with five days after receiving
notice of such impoundment, excluding Saturday, Sunday and legal holidays, upon
payment to the clerk of an impounding fee of $30.00, together with the actual costs incurred for
boarding. If the animal being reclaimed
has no license, and a license is required, a license shall be issued and the
fee for same paid prior to the release from impoundment.
508.14. Dogs which cannot be
impounded. If an animal
is rabid, or otherwise diseased, vicious or dangerous, and cannot be impounded
after a reasonable effort without serious risk to the impounder or others, such
animal may be immediately killed.
508.15. Selling of impounded
animals. No ordinance
on record.
508.16. Rabies shots required,
penalties for violation. It shall be
unlawful for any person to own, possess, or harbor a dog within the city, if
the dog has not had a vaccination for rabies within the time required under
standard veterinary practices.
508.17. Dogs in heat. Any female dog in heat shall be kept confined
indoors, or impounded for the duration of their season (Oestrus cycle) in a
commercial dog kennel, the cost of which shall be borne by the owner.
508.18. Biting dogs to be
quarantined. Whenever any
dog has bitten a person, the owner or custodian of such dog or animal having
been so notified, either orally or in writing shall immediately quarantine said
dog or animal at the owner's home or other suitable place of confinement, as
directed by the responsible office of the city for a period of 14 days after
the occurrence. During the quarantine period the animal shall be securely
confined in a building or in a yard enclosed by a fence so constructed that the
animal cannot escape or otherwise leave said enclosure, and which will not
permit other animals or persons to enter, for the purpose of preventing the
animal from biting or otherwise coming in contact with persons or other
animals. Upon a reasonable suspicion
that the dog may be rabid, the dog shall be subjected to the necessary tests by
a doctor of veterinary medicine for the purpose of determining it if it is
infected with rabies. The confinement
testing, treatment, in addition to all other expenses incurred as the result of
a dog biting a person shall be the expense of the owner of said animal.
508.19. Cat or animals of allied genera. It shall be the obligation and responsibility
of the owner of any animal of this class to prevent such animal from molesting,
defiling or destroying any property public or private.
It shall be unlawful for any owner of an animal of
this class to permit or allow a animal to roam or engage in activities which
otherwise constitute a nuisance.
508.20. Certain animals regulated. It shall be unlawful to keep or harbor in the
city any of the following animals, or animals of allied genera without first
obtaining a written permit therefor from the council: horses, cows, sheep, goats, swine, chickens,
animals of the genus reptilia or allied genera which are venomous or of the
constrictor type, or birds. No animals
shall be harbored in the city the keeping in captivity of which is prohibited
by law.
508.21. Revocation of license or
permit. The failure of
any owner to comply with the requirements of this chapter shall constitute
grounds for the immediate revocation of any license or permit issued under this
chapter.
Part 9. Bingo, Other Lawful Gambling,
509.02. Additional regulations. The following regulations shall apply to the
conduct of bingo and other lawful gambling within the city in addition to the
provisions of Minn. Stat. 349.11-349.60.
Subd. 1. Licenses
or permit required. The unlicensed
or unpermitted conduct of bingo or lawful gambling within the city is
prohibited. Any organization authorized
by law to conduct bingo or lawful gambling occasions may do so only after
applying for and receiving a license from the state charitable gambling control
board after approval of the city council or, if no state license is required,
after applying for and receiving a permit from the city council as hereafter
provided.
Subd. 2. Application. Those interested in conducting lawful
gambling which is otherwise exempt from licensing under Minn. Stat. 349.214,
shall apply for a bingo or lawful gambling permit to the council upon forms
prepared by the clerk for that purpose. The application shall state where the games will be played and the dates
and hours for which permission to play the games is requested. The organization shall not conduct lawful gambling at any place, date or
time other than those specified in the application. The application shall be verified by a duly
authorized officer of the organization and by the designated gambling manager. No application shall be accepted by the city
unless accompanied by the required investigation fee.
Subd. 3. Investigation
fee. The council by resolution may
assess an investigation fee up to $100 on organizations applying for or
renewing a state license or local permit to contact lawful gambling in the
city. State licenses shall be for the
term listed on the license. Permits
shall expire upon the date listed on the permit or 12 months after issuance.
Subd. 4. Fidelity bond. As a condition of permitting, the council may
require the permit applicant to provide a fidelity bond in the sum of $10,000
in favor of the organization. Such bond
shall be conditioned on the faithful performance by the manager of his or her
duties. The bond shall not be
cancellable except upon 30 days written notice to the city. The council may by unanimous vote agree to
waive the fidelity bond requirement. If
such waiver is granted the permit must be endorsed to indicate such action.
Subd. 5. Copies
of reports. All licenses shall
furnish to the city copies of any and all reports required by law to be filed
with the state charitable gambling control board. All permittees shall furnish, at the request
of the city, reports and records on the operation of lawful gambling including
but not limited to gross receipts, expenses, and profits.
Subd. 6. Revocation. No licenses or permittee shall have a vested
right in any license of permit issues hereunder, and permits issued hereunder
may be revoked by the council an any time. Licenses and permits shall be revoked upon a showing that the licensee
or permittee violated or cause to be violated any provisions of this section,
or of state law regulating the licensing or conduct of lawful gambling. The license or permit shall also be revoked
in the event of any misrepresentation in the license or permit application or
any reports required of the licensee or permittee to be made.
Part 10. Contractor Licenses
510.01. Contractor Licenses. Subdivision 1. Purpose. It is deemed in the interest of the public
and the residents of the city that any person, firm, or corporation who engages
in the business of building construction or related work, as defined in this
part, shall first secure a license therefor as provided herein.
Subd. 2. Applications. Applications for said license shall be made
to the city clerk and such license shall be granted upon proof of the
applicant's qualifications therefor and upon filing a bond in the amount of
$5,000 conditioned upon compliance with the provisions of said city code and
the filing of certificates evidencing the holding of public liability in
insurance in the limits of $200,000 per person, $600,000 per accident or bodily
injury and $50,000 for property damages and certificate of workers'
compensation insurance as required by law.
Subd. 3. Fee. The license fee shall be $25 annually. Each license shall expire on the first day of January after the same is
issued and shall not be prorated.
Subd. 4. Licenses. Licenses shall be obtained by every person
engaged in the following business or work, with the exemption of those required
to hold a state license, in accordance with the applicable ordinances of the
city:
a. General contractors including those involved
in erection, alteration or repair of buildings;
b. Masonry, cement work, cement block work,
block laying or brick work;
c. Heating and ventilation;
d. Roofing;
e. Plastering, stucco work, and sheet rock
taping;
f. Excavation, including excavations for footings,
basements, and grading of lots;
g. Wrecking of buildings;
h. Plumbing;
i. Landscaping;
j. Signs, including the erection and hanging of
same.
Nothing herein shall be construed as preventing any
such qualified licensee from having an employee under the licensee's
supervision and control perform the work, or from property owners performing
their own work providing they adhere to all provisions of the state building
code.
A license granted to a general contractor shall
include the right to perform all of the work included in the contractor's
general contract. Such license
shall include any or all persons
performing the work which is classified and listed in their subdivision,
provided that each person performing such work is in the regular employ of such
general contractor and qualified under state laws and the provisions of this
code to perform such work. In these
cases, the general contractor shall be responsible for all of the work so
performed. Subcontractors on any work shall be required to comply with the
sections of this code pertaining to license, bond, qualifications, etc. for the
subcontractor’s particular type of work.
Subd.
5. Public
service corporations. Public service
corporations shall be required to obtain licenses for work upon or in
connection with their own property, except as may be provided by other sections
of this code.
Subd.
6. Liability. This section shall not be construed to affect
the responsibility or liability for any party owning, operating, or installing
the above described work, for damages to persons or property caused by any
defect therein nor shall the city be held as assuming any such liability by
persons, firms, or corporations engaged in such work.