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06/10/2003 - City Council SpecialAGENDA SPECIAL CITY COUNCIL MEETING TUESDAY JUNE 10, 2003 5:30 P.M. COMMUNITY ROOM EAGAN CITY HALL I. .ROLL CALL AND AGENDA ADOPTION II. VISITORS TO BE HEARD ~~4. III. FINDING OF FACT /WELSH CONSTRUCTION FOR A PLANNED DEVELOPMENT AMENDMENT TO AMEND THE DESIGN OF THE SECOND MONUMENT SIGN ON LOT 1, BLOCK 1, GATEWOODS ADDITION LOCATED AT 1185 TOWN CENTRE DRIVE IV. CONSIDER NO PARKING REGULATIONS FOR BRADDOCK TRAIL V. CONSIDERATION OF ORDINANCE AMENDMENT REGULATING FIREWORKS DISPLAYS AND FIREWORKS SALES VI. CONSIDER DRAFT ALCOHOL POLICY TO REGULATE SPECIAL EVENTS/CAPE VII. REQUEST BY DAKOTA WOODLANDS TO WAIVE FEES FOR JUNE 28 SOFTBALL TOURNAMENT VIII. REVIEW MASSAGE THERAPY ESTABLISHMENT AND MASSAGE THERAPIST LICENSE FEES IX. CONSIDER ZONING CATEGORIES FOR CURRENCY EXCHANGE OPERATIONS X. CONSIDER ORDINANCE AMENDMENT ALLOWING 2:00 A.M. CLOSING FOR ON-SALE LIQUOR ESTABLISHMENTS XI. CONSIDER CONCEAL AND CARRY LLABILITY AND PUBLIC BUILDING RESTRICTIONS XII. CONSIDER STAFF RESEARCH ON CREATING A SEPARATE ECONOMIC DEVELOPMENT AUTHORITY XIII. OTHER BUSINESS XIII. ADJOURNMENT t~, r .7~ ' city of eagan MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JUNE 6, 2003 SUBJECT: SPECIAL CITY COUNCIL MEETING -TUESDAY/JUNE 10, 2003 A Special City Council meeting has been scheduled for Tuesday, June 10 at 5:30 p.m. The following items are scheduled for consideration. FINDING OF FACT /WELSH CONSTRUCTION FOR A PLANNED DEVELOPMENT AMENDMENT TO AMEND THE DESIGN OF THE SECOND MONUMENT SIGN ON LOT 1, BLOCK 1, GATEWOODS ADDITION LOCATED AT 1185 TOWN CENTRE DRIVE The City Council considered the Welsh Construction PD Amendment application to allow a design change to one of the approved monument signs at their regular meeting of June 3, 2003. Due to timing issues associated with the 60 Day Agency Action requirement, the Council directed the City Attorney to prepare Findings of Fact, Conclusions and Resolution to be acted upon at the Council work session scheduled for June 10, 2003. The Findings of Fact, Conclusions and Resolution are enclosed on page ~ through ~. ACTION TO BE CONSIDERED: To adopt the Findings of Fact, Conclusions and Resolution to deny the Planned Development Amendment proposed by Welsh Construction. CONSIDER NO PARKING REGULATIONS FOR BRADDOCK TRAIL At the May 20 City Council meeting, additional parking restrictions within the Stafford Place neighborhood and Braddock Trail were discussed as a formal agenda item. There were several motions introduced and adopted and, for a copy of those minutes, refer to pages ~ through ~. At the end of the May 20 meeting, there was further discussion by the City Council and an action taken to reconsider the Braddock Trail pazking restrictions and add the proposals for the Braddock Trail as an agenda item at the June 10 work session. For a copy of those minutes from the May 20 meeting refer to page Also enclosed is a copy of correspondence that was mailed to residents on Braddock Trail and within the greater Stafford Place Addition by Director Colbert on Thursday, June 5, which is attached on pages /.3 through ~. Mayor Geagan had an opportunity to meet with residents on Braddock Trail on Thursday evening, June 5, and for a copy his letter to the Braddock Trail and Stafford Place residents, refer to page Public Works Director Colbert has provided a background informational memo to the Council which is included as pages ~~ through ~~. Chief Therkelsen also provided information relating to traffic in the Braddock Trail area. A copy of the Chief's findings, which include a study of records of police activity between January 2002 and the last week of May 2003, aze included as an attachment to Director Colbert's memo. ACTION TO BE CONSIDERED: To provide direction regarding the Braddock Trail traffic information and to the City Attorney regarding language to be included and a new ordinance that would allow the permit program for the parking by permit only restriction for the Stafford Place Development. CONSIDERATION OF ORDINANCE AMENDMENT REGULATING FIREWORKS DISPLAYS AND FIREWORKS SALES In response to the tragic fires and loss of life in Chicago earlier in the year, staff has done research and investigation to provide the City Council information concerning additional regulation to control fireworks displays and fireworks sales. On pages ~ and ~~ is a copy of a memo from Chief Building Official Schoeppner requesting consideration of City regulation covering both fireworks displays and fireworks sales. The State Legislature also addressed the same issues in the recently completed session and has passed legislation covering some of the concerns raised in the staff memo. Attached on pages through ~~ is a copy of a memo from the City Attorney's Office including background material regarding State Statutes and recent changes to those Statutes. The memo responds to the May 27, 2003 memo from Chief Building Official Schoeppner and provides options for consideration by the City Council. The response essentially says that there is no benefit from any additional City regulation on fireworks displays; however the City could enact an ordinance to require a license to sell "exempt fireworks." ACTION TO BE CONSIDERED: To provide direction to staff and the City Attorney's office regazding regulation of fireworks displays and fireworks sales. CONSIDER DRAFT ALCOHOL POLICY TO REGULATE SPECIAL EVENTS /CAPE At the May 13 Special City Council meeting, members of the CAPE (Changing Alcohol Policies at Events) group addressed the City Council regarding their request that the City of Eagan review and prepare a list of procedures for temporary malt liquor licenses and temporary on-sale licenses. As you may recall, Eagan was one of several local government entities that were selected by CAPE. Enclosed on pages ~ through C~,~are the procedures being recommended by CAPE in regards to temporary malt liquor licenses and temporary on-sale licenses. a Per the Council's direction at the May 13 meeting, enclosed on pages ~ through ~ is correspondence from Sherry Timmermann, Community Organizer for CAPE, along with copies of the policies and ordinances being proposed in the other cities with which CAPE is working. Also per the Council's direction, the opinion of the City Attorney was requested regarding the proposed procedures. A memo from City Attorney Dougherty is enclosed on pages ~j through ~. One distinction for the City Council's consideration is the City Attorney's recommendation that any policies or procedures governing temporary alcohol licenses be enacted as a City ordinance and codified in the City Code. Additionally, Police Chief Therkelsen reviewed the procedures and offered his opinion, which is enclosed in his memo on pages through ~. ACTIONTO BE CONSIDERED: To consider the recommendations of the CAPE group and place this item on the June 17 City Council meeting agenda, with or without modification for formal action by the City Council. REQUEST BY DAKOTA WOODLANDS TO WAIVE FEES FOR THE JUNE 28 SOFTBALL TOURNAMENT The City has received a request form representatives of Dakota Woodlands to waive the field/facility use fee for their June 28`" fundraising softball tournament. Dakota Woodlands has reserved 8 softball fields at the Northview Athletic Complex to host this tournament. The fee for the 8 fields at $40 per field and 2 related buildings at $60 per building totals $440. Dakota Woodlands has paid the deposit in the amount of $150 which will be refunded, assuming no damages to the facilities for which they are responsible. Primarily due to the fact that there are specific out of pocket costs in maintenance and personnel to provide for the use of the fields, the City has historically not waived these fees. Given a limited supply of fields, use in non-revenue situations precludes renting the fields to fee paying customers. In either case City expenses do not change. The City has from time to time waived permit fees for non-profits for items such as temporary beer licenses or gambling permits where there are no out of pocket City costs and no competition for a limited supply. Attached on page _~~ is the letter requesting the fee waiver. Attached on pages through ~ is the tournament information as presented at the May 6`" listening session. ACTION TO BE CONSIDERED: To consider the request of Dakota Woodlands to waive the field/facility use fee for their June 28 fundraising softball tournament. REVIEW MASSAGE THERAPY ESTABLISHMENT AND MASSAGE THERAPIST LICENSE FEES At the special City Council meeting held on May 13, 2003 direction was given by the City Council to the City Attorney's Office to prepare an ordinance amendment to remove the cap on the number of massage therapy establishment licenses in the City. That ordinance amendment 3 was approved by the Ciry Council at the regular meeting held on May 20, 2003. At the May 131h meeting staff was directed to do further research on the massage therapy fees and bring that information back to an upcoming City Council workshop. The City's approved 2003 Fee Schedule provides for the following fees: Massage Therapy Establishment: One Time Investigation Fee $300 Annual License Fee 300 (Includes one therapist license) Massage Therapist: One Time Investigation Fee $200 Annual License Fee 50 Off-Site Massage Therapy Permit $15 It takes approximately one-hour of a Police Detective's time to perform the investigations for each of these applications. City billing rates for Police Officers are not specifically listed in the 2003 Fee Schedule; however employees at similar salary levels as a Police Detective would ordinarily be billed out in the range of $50 to $75 per hour. Other staff time and Ciry overhead is not specifically allocated to investigations. The City's massage therapy fees were originally set to be consistent with investigation and licensing fees for beer, liquor, and wine. They were not set to serve as a deterrent to applications or as a revenue producing item. Beer and alcohol investigations may or may not be somewhat more extensive. Enclosed on pages a ~ through ~„~ is a copy of an email from Mr. David Ragsdale, CFO, Keep In Touch of Eagan, along with a summary of research on massage therapy fees provided by the franchisor, Keep In Touch. Enclosed on pages ~ through ~ is a copy of the massage therapist investigation license and massage therapist license pages from the 2003 Municipal License and Permit Fee Survey provided by the AMM. Enclosed on pages _~ through ~ is a copy of the sauna-massage parlor investigation license and sauna-massage parlor license pages from the 2003 Municipal License and Permit Fee Survey provided by the AMM. ACTION TO BE CONSIDERED: To confirm rates currently in effect or to determine different rates for consideration of a 2003 Fee Schedule amendment at the June 17, 2003 regular City Council meeting. CONSIDER ZONING CATEGORIES FOR CURRENCY EXCIiANGE OPERATIONS At the regular City Council meeting held on May 22, 2003, the Council briefly discussed an ordinance amendment related to Currency Exchange Operations and decided the item warranted additional discussion and continued consideration to the June 10, 2003 Council work session. `f The City Attorney has modified the amendment to mirror the Adult Use ordinance in regard to "protected uses". Additionally, the provision to provide currency exchange in the Neighborhood Business district, as a conditional use, is stricken in the draft ordinance amendment resulting in only the Community Shopping Center district being eligible for said (conditional) use, should that be the Council's desire. A memo from the City Attorney's office and the draft amendment aze enclosed on pages ~~ through. ACTION TO BE CONSIDERED To direct the City Attorney to prepare an ordinance amendment to Chapter 6 (Licensing) and Chapter 11 (Land Use) suitable for publication to be considered at the June 17 Regular City Council meeting OR To direct staff to modify the draft amendments. CONSIDER ORDINANCE AMENDMENT ALLOWING 2:00 A.M. CLOSING FOR ON- SALE LIQUOR ESTABLISHMENTS As the City Administrator noted at the June 3, 2003 City Council meeting, the recently passed State legislation regarding the 2 a.m. closing time for on-sale liquor establishments goes into effect on July 1, 2003. Currently, the Eagan City Code states a 1 a.m. closing time. Enclosed on page~is City Code Section 5.53 regarding the allowable hours and days of liquor sales. According to the legislation passed, if a City has a previously imposed closing time via a City ordinance, that ordinance remains in effect. However, if a City does not have an ordinance setting forth a closing time for establishments with liquor licenses, that City would follow the State Statute provisions for a 2 a.m. closing. Since the City of Eagan has an ordinance stating a 1 a.m. closing time, the City has the option of continuing with the 1 a.m. closing as the ordinance states, or changing the time to 2 a.m., as the State Statute will read as of July 1, 2003. Should the City Council wish to change the closing time to 2 a.m., an ordinance amendment would be needed. The City Administrator and Councilmember Carlson recently had a meeting with the ECVB Board of Directors where the issue of liquor establishment closing time was addressed. The ECVB is currently conducting a survey of Eagan establishments to get their feedback on preferred closing time. At the time the legislation was being discussed, ECVB Director Ann Cazlon conducted an informal survey of liquor establishments to gauge their interest on the closing time. Of the twenty surveys that were sent out, the ECVB received nine surveys back, all of which were in support of a 2 a.m. closing time. Since this item was directed to a workshop at the June 3 City Council meeting, the on-sale liquor establishments have not been noticed about the City Council's discussion of this issue. Therefore, the Council may wish to consider discussing the closing time on June 10~', but wait to take any formal action until the June 17 regular City Council meeting. By waiting to take formal action on June 17, the City could notice all on-sale liquor establishments so they have an opportunity to offer their input prior to the City Council's decision. s ACTION TO BE CONSIDERED: To discuss the 2 a.m. liquor establishment closing time, and direct any formal action regarding an ordinance amendment to the June 17 City Council meeting. CONSIDER CONCEAL AND CARRY LIABILITY AND PUBLIC BUILDING RESTRICTIONS Per the direction of the City Council at the May 21 Special City Council workshop, City Attorney Dougherty did further research regarding the liability issues associated with the recently passed conceal and carry legislation. Dougherty will be present on June 10 to provide a summary to the City Council regarding both the City's liability, as well as the rights of the City as an employer to restrict weapons being brought to City Hall by employees. In response to the legislation, Assistant City Administrator Duffy, Police Chief Therkelsen, and City Attorney Dougherty are in the process of preparing a personnel policy stating that City employees are prohibited from carrying a weapon (police excluded) while at City Hall or on official City business. ACTION TO BE CONSIDERED: To review the information from the City Attorney and provide any additional direction to staff. CONSIDER STAFF RESEARCH ON CREATING A SEPARATE ECONOMIC DEVELOPMENT AUTHORITY At the April 29, 2003 Council workshop, the City Council directed staff to research whether the Economic Development Commission (EDC} could serve as the Economic Development Authority (EDA). Enclosed on pages through ~ is a memo from the City Attorney summarizing the duties and composition of the EDA. This same memo was included in the May 16, 2003 Additional Information memo. ACTION TO BE CONSIDERED: To provide staff with direction regarding the composition of the EDA. OTHER BUSINESS /s/ Thomas L. Hedges City Administrator 6 BEFORE THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Application of Welsh Construction FINDINGS OF FACT, for a Planned Development Amendment CONCLUSIONS AND to Allow a Design and Size Change to RESOLUTION Monument Signs This matter came before the Eagan City Council at its meeting of June 3, 2003. The Council received and considered the May 12, 2003, Planning Report; input from City staff; minutes of the public hearing held by the Advisory Planning Commission on May 27, 2003; and all existing files, records and prior proceedings and material as presented to the Council. Representatives appeared on behalf of Welsh Construction at the public hearing held b}~ the Advisory Planning Commission and at the meeting of the City Council on June 3, 2003. Based upon all the files, records and input which was presented at the meeting, the City Council snakes the following Findings of Fact, Conclusions and Resolution. FINDINGS OF FACT 1. Welsh Construction, LLC (the "Applicant") applied for a Planned Development Amendment to allow a design and size change to one of the approved monument signs on Lot 1, Block 1, Gatewoods Addition, located at 118 Town Centre Drive in the City of Eagan (the "Property") 2. The Property is owned by Town Centre Plaza, LLC. 3. In April of 2000, the owner of the Property entered into a Final Planned Development Agreement with the City (the "PD Agreement"). 4. A condition of the PD Agreement was the construction of two monument signs substantially similar in appearance as depicted in the approved signage plan in lieu of ~t~all signage on two sides of the building. 5. One monument sign was approved to be placed along O'Leary Lane and the other monument along Town Centre Drive. 6. The monument sign at the entrance to the Property on Town Centre Drive has been erected and is in compliance with the approved signage plan within the PD Agreement. The existing sign is 6 feet 3 inches in overall height with a split sign face panel which is 3 feet inches in height, and the sign is 12 feet wide. 7. The Applicant has requested an amendment to the PD Agreement to allow a sign of 6 feet 8 '/z inches in overall height and 11 feet in width. The sign face panel would measure ~ feet in height and 7 in width. The sign would be placed on the northeast side of the Property at the O'Leary Lane entrance. 8. The Applicant is proposing a sign with 12 spaces on the face to accommodate the building's tenant names. CONCLUSIONS l . The application is properly brought before the Eagan City Council. 2. The Applicant's proposal is a substantial deviation from the approved PD Agreement and would represent a substantial deviation from the City Code governing signage. 3. The Applicant's proposal is incompatible with the existing sign on the Property and is further incompatible with the materials for the building. 4. An amendment to the PD Agreement would provide the Applicant with an advantage in signage over other similarly situated properties. 5. The Property retains a viable use pursuant to the terms of the PD Agreement. g RESOLUTION The City Council of the City of Eagan does hereby resolve that the Applicant's request for a Planned Development Amendment to allow a design and size change to one of the approved monument signs on the Property is hereby denied. Dated at Eagan, Minnesota this day of CITY OF EAGAN . ?003. By: Pat Geagan Its: Mayor By: Maria Karels Its: Deputy Clerk 9 Eagan City Council Meeting Minutes May 20, 2003 Page 5 PRELIMINARY SUBDIVISION (RIVER RUN ADDITION) City Administrator Hedges introduced this item regarding a Preliminary Subdivision to create two single family residential lots and a Variance of 38 feet to the required 50 foot right of way setback for the existing house located at 2987 Pilot Knob Road. This item was continued from the May 6, 2003 City Council meeting to allow the applicant time to reconfigure the driveway plans. Senior Planner Ridley provided an update. The applicant was present to answer questions of the Council. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision to create two single family residential lots subject to the following conditions. Aye: 5 Nay:0 1. The developer shall comply wit these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B1, 3, C1, D1 and E1. 2. The property shall be platted. 3. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 4. The developer shall acquire al] necessary Dakota County Transportation Department permits for access and work within the right-of--way prior to final subdivision approval. 5. The final plat for this development shall dedicate restricted access onto Pilot Knob Road, except in the location of the shared driveway access. 6. This development shall be responsible for a cash trails dedication and cash parks dedication for Lot 2. 7. This development shall be responsible for meeting tree preservation issues identified at the time of building permit application. 8. This development shall be responsible for a cash dedication in lieu of storm water treatment ponding. 9. A shared driveway easement shall be submitted prior to Final Subdivision for City Attorney review. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Variance of 38 feet to the required 50 foot right of way setback for the existing house located at 2987 Pilot Knob Road. Aye: 5 Nay: 0 STAFFORD PLACE PARKING RESTRICTIONS City Administrator Hedges introduced this item regarding additional parking restrictions within the Stafford Place neighborhood and Braddock Trail. Public Works Director Colbert gave a staff report, outlining the history of the issue various proposed options, and the advantages and disadvantages of each. The Mayor then opened the discussion up to the public. Dave Rosatti, representing residents of New York Avenue stated they were in favor of expanding the current permit parking to include additional hours and days of the week. /o Eagan City Council Meeting Minutes May 20, 2003 Page 6 Dianne Dyball, Braddock Trail, represented the concerns by neighbors to park on their side of the street and objected to the proposal to shift the parking to the west side of Braddock Trail. Eric Brookmueller, Braddock Trail, spoke in favor of additional permit parking. Councilmembers discussed the parking by permit only 8 am to 9 pm seven days a week option. Director Colbert expressed reservations about the staff's ability to implement a satisfactory permit process and offered a suggestion to try it without permits. Councilmembers and staff discussed various options regarding parking limitations including east side versus west side parking, odd even system, safety issues, the permit process, signage, as well as access to mailboxes and fire hydrants. Councilmember Carlson moved, Councilmember Fields seconded a motion to install an odd /even system on those streets that lay within approximately 800 feet of Braddock Trail. Aye: 2 Nay: 3 Motion failed. Councilmember Fields moved, Councilmember Carlson seconded a motion to install a parking by permit system in the Stafford Place neighborhood 8:00 a.m. to 9:00 p.m., 7 days a week on the mailbox side of the street and parking by permit only on the non-mailbox side 8:00 a.m. to 3:00 p.m. when school is in session. Aye: 3 Nay: 1 (Geagan opposed, Maguire abstained) Councilmember Carlson moved, Councilmember Fields seconded a motion to re-stripe Braddock Trail and relocate the parking to the west side of the street. Aye: 2 Nay 3 (Geagan, Maguire and Tilley opposed). Councilmember Tilley moved, Councilmember Carlson seconded a motion to re-strip Braddock Trail with the parking lane moved to the west side of the street; install marked crosswalks at Ventnor and South Pennsylvania and evaluate a speed bump on Braddock Trail. Aye: 3 Nay 2 (Geagan and Maguire opposed) Councilmember Fields moved, Councilmember Tilley seconded a motion to direct the City Attorney to draft an ordinance amendment regarding regulation of parking permits. Aye: 3-2 (Geagan and Maguire opposed). NEW BUSINESS PRELIMINARY SUBDIVISION (PINEY WOODS) - MANLEY LAND DEVELOPMENT City Administrator Hedges introduced this item regarding a rezoning from Agriculture to R-1, Single-family Residential and a Preliminary Subdivision to create ten single-family lots on 4.9 acres located at 4650 Dodd Road. Senior Planner Ridley gave a staff report. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Rezoning from Agriculture to R-1, Single-family Residential on land located at 4650 Dodd Road east of Dodd Road and south of Cliff Road, in the NW '/4 of Section 36. Aye: 4 Nay: 0 (Carlson out of the room) Councilmember Tilley moved, Councilmember Maguire seconded a motion to approve a Preliminary Subdivision to create ten single-family lots on 4.9 acres located at 4650 Dodd Road, east of // Eagan City Council Meeting Minutes May 20, 2003 Page 11 Councilmember Carlson withdrew the motion for approval. Councilmember Tilley moved, Councilmember fields seconded a motion to continue consideration of an ordinance amendment to City Code Chapter 11 entitled "Land Use Regulations (Zoning)" by amending Section 11.30 regarding definitions and Section 11.60, Subdivision 11 (C) and 13 (C) adding Currency Exchange Operations as conditional uses; and by adopting by reference Eagan City Code Chapter 1, to the June 10, 2003 Council work session. Aye: 5 Nay:O COMMUNITY CENTER UPDATE City Administrator provided an update on activities at the Community Center. ADMINISTRATIVE AGENDA Special City Council Work Session Councilmember Carlson moved, Councilmember Fields seconded a motion to schedule a Special City Council work session for May 21, 2003 at 6:30 p.m. Councilmember Carlson stated she felt the item, previously acted on, regarding parking restrictions on Braddock Trail, should be reconsidered. She stated that further information needs to be gathered and discussion held. Councilmember Carlson moved, Councilmember Fields seconded a motion to reconsider the Braddock Trail parking restrictions. Aye: 5 Nay 0 Councilmember Maguire moved, Councilmember Fields seconded a motion to add discussion of the Braddock Trail parking restriction issue to the June 10, 2003 City Council work session agenda. Aye: 5 Nay:O VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Carlson moved, Councilmember Tilley seconded a motion to adjourn the meeting at 10:45 p.m. Date Deputy City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5000, (TDD phone: (651) 454-8535). /~ June 5, 2003 Re: Permit Parking Revisions & Braddock Trail Restriping Deaz Resident: Recently, you received a letter from us informing you of the last Council action regarding the various parking restrictions for the internal streets within the Stafford Place Addition as well as the proposed restriping and transfer of parking on Braddock Trail. This letter is an update of the process implementing that Council action. Braddock Trail At 5:30 p.m. on June 10, the City Council will meet in an informal Workshop Session to further review the issues and merits associated with restriping Braddock Trail as necessary to transfer the onstreet pazking from the east (residential) side to the west (school) side. Although no official action is expected at this informal Workshop meeting, it is anticipated that the Council will discuss the issues in relation to their previous action authorizing the transfer of this parking lane. Based on this discussion, the Council may or may not direct this item to be reconsidered at a future regular Council meeting. The following three items are expected to be discussed at the June 10 Workshop: • The restriping and transfer of parking stalls from the east to the west side. • The installation of pedestrian crosswalks on Braddock Trail at S. Pennsylvania Ave. and Ventnor Ave. • The installation of speed bumps on Braddock Trail. Parking By Permit Only At the May 20 Council meeting, the City Council formally approved the expansion of the current pazking-by-permit-only restriction for the Stafford Place development (including Braddock Trail), as explained in a previous letter. Before this expanded permit parking can be implemented, three things must occur. 1. A City Ordinance must be formally adopted to ensure the new parking restriction program is enforceable and defensible in the courts. This Ordinance revision is being prepared by the City Attorney's Office and will be formally considered by the City Council at some future regular Council meeting (no date set yet). /3 June 5, 2003 Page 2 2. A formal permit issuance program and procedure must be established by staff and approved by Council before permits can be issued. 3. New signage must be manufactured and installed. As of this letter, no dates have been set for the Council discussion and direction on the permit program and policy, or review and adoption of the proposed new Ordinance. When these items are scheduled for Council consideration, another letter will be sent to all affected property owners. Again, thank you for your continued participation and input into this process. If you have any questions regarding this process, please feel to contact me. Sincerely, w~^ Thomas A. Colbert, P.E. Director of Public Works TAC/j j C: Mayor and City Council, c/o Tom Hedges, City Administrator Mike Dougherty, City Attorney iy June 6, 2003 RE: BRADDOCK TRAIL Dear Resident: More than likely you have received a letter from our Director of Public Works, dated June 5, addressing items that are expected to be discussed at the upcoming June 10 workshop concerning on-street parking, striping and other proposed traffic mitigation for Braddock Trail Mr. Colbert's letter accurately reflects items that we as a City Council are proposing for discussion at the June 10 workshop. Since the letter was sent out, I had an opportunity to meet with several residents on Braddock Trail on Thursday evening, June 5. I want to share the suggestions and recommendations that were proposed at that meeting as we prepare for the June 10 City Council meeting. The recommendations voiced regarding the mitigation of traffic and no-parking issues on Braddock Trail include the following: • Permitting and striping will remain the same as currently configured • No speed bumps • Designate no parking from the intersection of north Pennsylvania Ave. to Northview Park Road on the east side of Braddock Trail • Stress police enforcement of both speed and the no-parking by mail boxes • Do not remove or change the existing signage • Eliminate "bagging signs" for special events • Hold the parking lane striping back approximately 20 feet in each direction at every intersection to provide better sight distances for vehicles entering Braddock Trail • No pedestrian crosswalks I believe this represents the preference of the neighbors that I met with on Braddock Trail and I wanted all of you to have the benefit of this information in advance of the meeting scheduled for this coming Tuesday, June 10. Our City Council has given a great deal of thought to a solution for the traffic mitigation issues on Braddock Trail and, for that matter, the entire Stafford Place Development. Hopefully, we can reach a resolution at our workshop on June 10. Thank you for your patience on this matter. Sincerely, V Pat Geagan Mayor Cc: City Councilmembers City Administrator Tom Hedges Director of Public Works Tom Colbert /S ~~.~- MEMO city of eagan TO: The Mayor and City Council c/o Thomas L. Hedges, City Administrator FROM: Thomas A. Colbert Public Works Administrator DATE: June 6, 2003 SUBJECT: Braddock Trail Restriping and Parking Lane Relocation On May 20, the City Council reviewed the current permit-pazking program within the Stafford Place development, including Braddock Trail. The City Council formally approved the following actions: 1) On the mailbox side of the internal streets*, place new signs stating, "Parking by Permit only, 8 am to 9 pm, 7 days a week". Note: This will apply only to the following streets: * Pennsylvania Ave. (Braddock to States) * Reading (Pennsylvania to Cul-de-sac) * Ventnor Ave. (Braddock to States) * New York Ave. (Ventnor to Cul-de-sac) * Pennsylvania Ave. (Braddock to Short line) 2) The existing signs ("Parking by Permit only, 8 am to 3 pm when school is in session") will remain as is on the non-mail box side of the streets and at all other current locations not affected by the above new signage (includes Braddock Trail). 3) Re-stripe Braddock Trail to: a) relocate the parking from the east (house) side to the west (school) side of the street; b) install pedestrian crosswalks on Braddock Trail at the So. Pennsylvania and Ventnor Ave intersections, and c) evaluate the installations of speed bumps on Braddock Trail. 4) Direct the City Attorney's office to prepare the appropriate ordinances for Council approval authorizing the installation and enforcement of permit parking. No date has been set yet for the adoption of this ordinance. Subsequent to that action and at the same May 20 Council meeting, the City Council passed a motion to formally reconsider their action pertaining to number 3 above, Braddock Trail /6 restriping and parking relocation. They also directed that this issue be discussed at the June 10 Special Council Workshop. There are three major items associated with the Braddock Trail restriping, which are summarized for the Council's consideration, as follows: 1. Restri~ns; and pazkin~ lane redesi n~ ation. Braddock Trail is only wide enough to accommodate aparking/safety lane on one side. Currently, this parking/safety lane is located on the east side adjacent to the residential properties. The following are the advantages/disadvantages associated with relocating this parking lane from the residential side to the school side: Advantages • Approximately 28 additional parking stalls (fewer driveway openings, intersections, fire hydrants, mailboxes, etc.) and same-side parking for recreational and athletic field usage. (Reduces pedestrian crossings and drop-offparking in driving lane.) • Eliminates obstruction of mailboxes and driveways during peak pazking demands. Disadvantages • Transfers on-street parking for residential properties to opposite side of collector street. • Eliminates the use of parking lane as a safety lane for residents turning into or backing out of driveways. • Eliminates use of pazking lane as on-street traiUwalkway (currently compliments off- street trail on opposite (school) side of street). • Eliminates safety/parkinglstopping lane for residential service vehicles (maiUpazcel delivery, garbage pickup, moving vans, etc.). Results in obstruction of traffic lane during unavoidable use conditions. • Economic impact -estimated $19,000 cost to restripe (only one-year after new sealcoat application). Based on the current street width dimensions of Braddock Trail, if the pazking/safety lane were transferred to the school side, a 3-4 foot shoulder could be striped on the residential side. These dimensions are clarified on the attached exhibits. 2. Pedestrian Crosswalks Braddock Trail at South Pennsylvania and Ventor) Advantages • Provides designated crossing locations to major entry points of high school facility from adjacent residential neighborhood. (mandatory walking area for school bus transportation criteria). • Meets City of Eagan's pedestrian crosswalk policy (Policy II-C, Significant Pedestrian Traffic Generator, residential neighborhood, to Major Destination, middle and high school). • Associated signing and pavement markings provide residual traffic calming effect and better established no-parking zones at intersection radii. Disadvantaees • Economic impact -estimated $3,000 cost. /~ • National research has shown that, in some areas, there are more pedestrian crashes in marked crosswalks than in unmarked crosswalks due to the "false sense of security" generated by the markings. 3. Sneed Bumps Advantages • Potential average speed reduction of approximately 5 mph in the immediate vicinity of the speed bump. Disadvantages • Creation of physical road hazard. Results in safety concerns for emergency responders (police, ambulance, and fire), as well as general public traffic, including motorcycles. • Decrease in emergency response time of 2-10 seconds per hump. • Economics ($1,500 to $2,000 per bump). • Decreased efficiency with snow removal operations, including potential damage to maintenance vehicles. • Potential increase in traffic noise from braking and acceleration before and after bumps. • Increased liability exposure for the jurisdictional agency for claims ranging from personal injury to auto damage. Drivers may attempt to drive in the gutter or on adjacent lawns/driveways to avoid bumps. • Traffic volumes may be diverted to adjacent residential streets. Enforcement The Police Department has documented and summarized their education and enforcement efforts on Braddock Trail. (See attached June 4 Police Department Memo). An engineering analysis of this information indicates that, at the 85% percentile speed of 34 mph, the qualifying standards needed to support speed bumps are not met. If any additional information or research would be helpful to the Council in discussing these issues, please let me know. _ Respectfully submitted, Thomas A. Colbert r-- Enclosures: Eagan Police Department Memo c: Kent Thorkelson, Chief of Police Crosswalk Location Plan Mike Dougherty, City Attorney Street Dimension Graphics Russ Matthys, City Engineer Tom Struve, Superintendent of Streets/Equipment /S' DATE: June 4, 2003 IvIEA~IORANDUI\i EAGAN POLICE DEPART;~IENT 3830 Pilot Knob Road Eagan, i11N 55122 651-675-5700 651-675-5707 FAY TO: Thomas L. Hedg,,,,esyy,~~City Administrator FROM: Kent Therkelsen~;~Chief of Police SUBJECT: Braddock Trail Traffic Information ~~ -~~~' After the recent City Council discussion regarding parking and traffic in the area of Eagan High School, I asked police staff to provide information relating to traffic in the Braddock Trail area. Records of police activity bettiveen January 1, 2002 and the last week of May. 2003 were used for this study. I am providing the resulting information to you. Studv Area The attached map illustrates the area used in this study. The intersections of Braddock and Diffley, and Braddock and Northview Park Road are both included. Crashes During the ; 3 weeks of the study period, the police department has investigated 16 roadway crashes in the study area. This includes 3 personal injury and 13 property damage crashes. All crashes took place between ?:00 a.m. and 6:00 p.m., all on weekdays, and all uetween August and May. Braddock Trail's intersections with Diffley Road and Nort; view Park Road accounted for 8 of the 16 reported crashes. Speed Trailer Results On IV1ay 22" and 23rd the speed trailer was stationed on Northbound Braddock trail, near the northern intersection of Pennsylvania Avenue. In addition to displaying vehicle speed to drivers, the trailer collects data on traffic volume and speed. I have attached the reports from both days for your information. The highlights of the data are summarized below: Total Speed Speed Speed Speed 40 Average Date Hours Vehicles below 30 30-34 35-39 & Over Seed 5/22 7 AM to 5 PM 1,160 617 406 112 25 27 5/23 7 AM to 8 PM 1,536 878 _ _ _. _ ___465 156 37 26 Percentile 55.5% 32.3% 9.9% 2.3% ---- /" ,, -- 5' ~ > ~G a., 1. %e = 7 ~, 5 ~~~` /9 Braddock Traffic June 4, 2003 Page Two Traffic Stops Seventy seven traffic stops are recorded in the study area. The stops are more evenly distributed by time of day and day of week than crashes. 74% of recorded stops took place on weekdays, with about 60% behveen 5:00 pm and 7:00 am. Citations During the study period, 169 citations were issued in the Braddock area for traffic and criminal violations. The traffic related citations account for 72 of the 169 and are broken down as follows: Parking Violations 39 Speeding 8 Vehicle Registration 6 No Insurance S Seat Belt 4 Marijuana in Motor Vehicle 3 Violate Signs/Signals 2 Careless Driving 2 Faii to Yield Right of Way 1 Equipment Violation 1 Driving after Revocation 1 Recent Efforts During the past two weeks the Traffic Enforcement Unit (TEU) has focused on the Eagan High School area for traffic law enforcement. These efforts are not included in the traffic stop and citation numbers listed above. During this period over 65 stops have been made, resulting in 58 citations for traffic violations. This activity has been noticed by residents as well as drivers. The TEU officers have reported a noticeable decline in observed violations as a result of their presence. Conclusion The Braddock Trail area is subject to intense roadway usage because of it's proximity to secondary schools and large parks. While most drivers who travel in tiiis area cotnpiy with established traffic laws, those who chose not to endanger the safety of the traveling public and nearby re~~dents. The Police Departm;.nt is committed to attacking traffic safety problems anywhere in the city. Our strategy includes both education and enforcement. Although we cannot establish anything more than an occasional presence in the Braddock Trail area, our newly created Traffic Enforcement Unit provides us with the ability to focus on problem areas with a problem solving approach. I hope this information will be useful for you. Please let me know if you have any questions or concerns. C/ Captain lZick Swanson Sergeant Brad Ramthun ao ~ . ,~,~ '~ V) t? ca L `'~' V c~ .-. i .a •.+ N C N L Q. L _~ a L K>t"dddock ' Northbound Speed Limit 30 Citlel :Braddock Trl Site: 30 Title2 ~~~: 1126 Braddock Date: 05/22/03 Title3 :Northbound Direction: 13eein Time Total 1-14 MPH 15-19 MPH 20.24 MPH 25-29 MPH 30-34 MPH 35-39 MPH 40114 MPH 459 MPH 50.54 MPH 55-59 MPH 6D-64 MP}i 6569 MPH 70-99 MPH AvR 12.AM • • : . s • s • s • • . , , • 01:00 • s s • • s s s • • • • s s s 02:00 • s • s . s s • • s s . • s s 03:00 ~ ~ • • s 1 • s • • • . s s • s f s • s • s • • • • • • : • • ~:~ • • f • t t • • ! • f • • • • 07:00 115 9 3 7 41 45 9 0 1 0 0 0 0 0 28 08:00 93 18 8 7 24 27 7 1 1 0 0 0 0 0 25 09:00 83 9 2 11 23 27 8 2 1 0 0 0 0 0 27 10:00 88 Il 6 15 29 19 6 2 0 0 0 0 0 0 25 11:00 85 9 4 11 26 26 9 0 0 0 0 0 0 0 26 l2:PM 96 20 12 13 24 20 S 2 0 0 0 0 0 0 23 01:00 126 I3 6 13 40 39 12 I 2 0 0 0 0 0 27 02:00 206 14 12 17 54 83 22 4 0 0 0 0 0 0 28 03:00 176 I1 8 7 38 80 2S 7 0 0 0 0 0 0 29 04:00 92 5 6 7 24 40 9 0 0 0 0 0 1 0 28 OS:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 06:00 s s s s s s s • s , s s • s s 07:00 = • • • • • • : s s s s s s s 08:00 s s s s s • : • s • • s • s s 09:00 • s s s • . s s s s s s . s s 10:00 s s s • s • s • s s s s • s s 11:OC s s s s • • s s s s s s : • s wily 1.160 i 19 67 108 323 406 112 19 5 ~ 0 0 1 0 27 rotals 'ercent 10.3 5.8 9.3 .27.8 35.0 9.7 1.6 0.4 0.0 0.0 0.0 0 1 0 0 >f Total " 'ercetrtile Speeds 10% ] 5% 50% 85% 90% 14.6 19.1 29.4 34.5 35.9 0 MPH Pace Speed 25 - 35 7umb~ io pace 729 ;in pace 62.8 weed Exceeded 45 MPH 55 M1IFn 65 MPH 'erceotaRe 0.5 0.1 0.1 'orals 6 I 1 Data File : STMS0006 Printed : 5/272003 Page : 1 as itraddock Northbotu~d Speed Limit 30 Titlel :Braddock Trail Site: 30 Titlel :across from high school Date: 05/23/03 Titie3 :Northbound Direction: BcQin Tiatc Total I-14 MPH IS-19 MPH 20.24 MPH 25-29 MPH 30.34 MPH 35-39 MPH 40-44 MPH 45-49 MPH 50.54 MPH 55-59 MPH 604 MPH 65.69 MPH 70-99 MPH Avt; 12:AM • • a • • • • • . : , . • : OI:00 • • • • • • • • • a • s , • • 02:00 • s s s s s s s • • s s • • • 03.00 • • • • • s • • • s • • • • 04:00 • + • : • 0 s . • • • + . • • 05:00 • • + s • s s t o • s s s • s s ~:~ + + s • • • + a + • • • s s s 07:00 65 l 1 4 27 25 7 0 0 0 0 0 0 0 29 08:00 78 15 8 9 19 23 4 0 0 0 0 0 0 0 24 09:00 84 14 ti 9 20 27 7 1 0 0 0 0 0 0 25 10:00 108 17 12 8 30 23 17 0 0 0 I 0 0 0 25 11:00 102 20 13 6 29 19 14 1 0 0 0 0 0 0 24 12:PM 116 19 7 9 34 33 12 2 0 0 0 0 0 0 26 01:00 149 23 10 8 40 41 18 6 0 2 1 0 0 0 27 02:00 212 12 11 13 53 87 23 II 2 0 0 0 0 0 29 03:00 155 16 8 12 41 58 16 4 0 0 0 0 0 0 27 04:00 108 7 6 7 36 44 6 0 2 0 0 0 0 0 28 05:00 113 20 II 12 29 26 11 2 I 1 0 0 0 0 25 06:00 135 25 10 13 27 41 19 0 0 0 0 0 0 0 25 07:00 111 36 7 ] 0 38 18 2 0 0 0 0 0 0 0 21 08:00 0 0 0. 0 0 0 0 0 0 0 0 0 0 0 0 09:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 10:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Daily 1,536 225 110 120 423 465 156 27 5 3 2 0 0 0 26 Totals Percent 14.6 7.2 7.8 27.5 30.3 10.2 1.8 0.3 02 0.1 0.0 0.0 0.0 of Total - Percentile speeds ] 0% 15°,~0 ~0% 85% 90% 0.6 15.3 28.7 34.6 36.3 10 MPH PaM Speed 25 - 35 V~~mt>er in pace 888 in pax 57.8 3pced Exceeded 4511iPH 55 AtPH SS hG'H °ercertta~e 0.7 0.1 0.0 Totals ]0 2 0 Data File : STMS0005 Printed : 5/24(2003 Palle : 1 a.~ ~~~ ~~` s~~ Q Hp~Tyl~ M ~F No Scab ~~ 3992 ~ /~ R~qO ~~ii g~~~` SpG v S ..._ - --- - __ _. _ oaoc 0 3999 as 4110 9Z 5~ ~~R 5 4114 0 ~`~ 4118 A ~E _ _J F~p~ Q 4122 SP~'GK H¢~ 4126 Y 4130 U a QQ 4134 >~ 4138 ___ m 4142 4146 -_ _ _. __ 141 .. - - -- ------ 87p EAGAN 4158 HIGH __ ___ alsz SCHOOL ~ 41s6 n o ~,, ~ _., 4183 /,' O 4178 .. 0 0 p ~ O 4182 4186 419D 7~ 4194 o O a O t~ G Exhibits mist STAFFORD PARKING w XWALKS Braddock Trail June 6, 2003 City of Eagan a~ 36' Trail Southbound Driving Lane 4" Solid Double Yellow 13' 8' Northbound Parking Driving Lane Lane 4" Solid White Existing Section Braddock trail BRADDOCK TRAIL City of Eagan Between Pennsylvania Ave. & Ventnor Ave. P~ June 6, 2003 as 8' ~ 8' Parking Lane 4" Solid White Southbound Driving Lane 4" Solid Double Yellow Section Northbound Driving Lane Parking -West Side 12' Driving Lanes 4' Shoulder -East Side ( Includes 1.5' Gutter Width) City of Eagan 36' BRADDOCK TRAIL Between Pennsylvania Ave. & Ventnor Ave. PL June 5, 2003 a6 f~~ ~; -~~ city of eagan MEMO TO: TOM HEDGES, CITY ADMII~ZSTRATOR CRAIG JENSEN, FIRE CHIEF FROM: DALE SCHOEPPNER, CHIEF BUILDING OFFICIAL DATE: MAY 27, 2003 SUBJECT: PERMIT FOR FIREWORKS DISPLAY PERMIT FOR RETAIL SALES OF FIREWORKS FIREWORKS DISPLAYPERMIT Subsequent to events earlier this year involving the tragic loss of life in Rhode Island, our division investigated the likelihood of a similar event happening in Eagan. The Rhode Island fire involved pyrotechnics in an unsprinklered structure with questionable wall finish materials. The rapid rate of fire and the propensity for occupants to exit via the entrance doors were major factors in the significant loss of life. Fortunately, we have not identified any structures with these similarities in Eagan. Since this occurrence, we have performed inspections of known sites in Eagan that have previously used indoor pyrotechnics, as well as establishments with a potential to use these displays. Indoor pyrotechnics could be used in schools, churches, bars, or any establishment that has performances. In an effort to control inside/outside nvrotechnic displavs, we would like to require a fireworks display permit requestin ,among other things: • a proposal including a diagram depicting the location of the display and specific type(s) of proposed pyrotechnics • a competent operator certified by the State Fire Marshal who must supervise the display • require a successful on-site inspection at least 15 days prior to the display • a permit fee of $100.50 Secondly, we would like to propose the issuance of a "Fireworks Sales" permit. PERMIT FOR RETAIL SALES OF FIREWORKS Last year, the sale and use of certain non-aerial fire works was passed into law. This, in itself, has not been a problem in Eagan. The problem is how to track who is selling fireworks, how much product is on-site, who is responsible if a problem occurs (fire), and where fireworks are being sold. Currently, we have no way of knowing this. The State Fire Marshal's Office is allowing cities to decide whether or not to issue permits. Burnsville, Bloomington, and Apple Valley are among many communities presently requiring a permit to sell fireworks. All have devised their own fees and guidelines; however, there is proposed legislation that would limit fees for permits relative to the sale of fireworks. ~~ The Protective Inspections Division is requesting approval to require individuals who manufacture, store, or sell fireworks to obtain a permit. We want to ensure that someone residing in a home or apartment does not store massive quantities of fireworks in their residence and sell to the public. A permit would allow us to monitor requests through inspections to ensure that the applicant complies with the terms and conditions of the permit. We are proposing a permit fee of $100.50 (includes $.50 state surcharge) and an amendment of the City's Fee Schedule. Highlighted below are some requirements of the Building and Fire Codes and National Fire Protection Association Rules. Not included are additional rules that apply to tent sales: 1. Consumer fire works manufacturing, storage, or sales areas shall have "No Smoking" signs posted that consist of red letters on white background and are not less than 2" in height. Signs must be maintained in legible condition. 2. Facilities approved for a permit shall post in a conspicuous place, a list of all consumer fireworks displayed and stored on the property, documenting the name, weight, and quantity, accompanied by material safety data sheets. 3. Permit holder shall have at least two 2-1/2 gallon capacity water type, or equivalent, fire extinguishers on site. 4. Premises must comply with State Building and Fire Codes. There shall be at least two exits and signage from buildings where fireworks are manufactured, stored, or sold. 5. Consumer indoor sales of fireworks shall be limited to 50 pounds net pyrotechnic composition, or 200 pounds gross weight if the pyrotechnic composition weight is not known, in buildings without an approved automatic sprinkler system. A limit of 100 pounds net, or 400 pounds gross weight if the pyrotechnic composition weight is not known, is acceptable for buildings protected by an approved automatic sprinkler system. 6. At point of sale, only inert or dummy displays maybe accessible to the purchaser. 7. Purchasers of fireworks must be at least 18 years of age; photo identification is required for each sale. 8. Premises are subject to inspection, including spot checks, by City police officers, fire inspectors, and building inspectors. Please let me know the best route to pursue these requests, as well as how to address violation of this Ordinance. e~ Chief Building Official DS/js cc: Dale Wegleitner, Fire Marshal Chris Grubb, Fire Inspector SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. T0: Dale Schoeppner, Chief Building Official FROM: Sharon K. Hills, City Attorney DATE: June 5, 2003 RE: Fireworks Regulations Our File No. 206-21309 In response to your memorandum dated May 27, 2003, regarding proposed permit regulations for fireworks display and retail sale of non-explosivelnon-aerial fireworks type products. I provide the following comments and recommendations: 1. Definition of Fireworks. The sale, possession, use, and explosion of fireworks are regulated by Minn. Stat., §§624.20 to 624.25. These regulations further provide for a permit process for fireworks displays, including indoor and outdoor displays, as well as licensing authority to cities for retail sale of certain non-fireworks products. At the outset, it is important to note that not all products that sparkle or burn are "fireworks" subject to the regulations of §§624.20 to 624.25. Specifically, during the 2002 Legislative Session, the Legislature exempted certain products from the definition of "fireworks," which in effect would make it lawful to use, sell, possess or ignite. These products are very limited, however, consisting of wire or wood sparklers containing not more than 100 grams of explosive mixture; other non-explosive and non-aerial sparkling products that contain no more than 75 grams of chemical mixture; snakes and glow worms; smoke devices (smoke bombs); and or trick noise makers. Because these items are not "fireworks" as the term is defined by Minnesota Statutes, it is imperative that the term "fireworks," not be utilized in the context of any regulations regarding a permit for retail sales of such products. 2. Fireworks Display Permit. In response to the Rhode Island pyrotechnic fire, City staff is proposing a City Code provision requiring indoor and outdoor fireworks display permit. For purposes of this discussion, the term "fireworks" is limited to those products as defined by Minn. Stat. §624.20 and does not include those items specifically excluded from the definition. In researching Minn. Stat. §§ 624.20 to 624.25, it is our office's opinion that a City ordinance requiring a fireworks display permit is not required. First, the state statute already makes it unlawful for any person to sell, possess, use or explode (display) any fireworks unless the person holds a valid fireworks display permit. The State statute also sets forth the permit process. a9 Secondly, during the 2003 Legislative Session, which just adjourned within the last few days, the Legislature has amended the fireworks display permit regulations which are applicable to the issues raised in the City staff memorandum. Specifically, under the new statutory amendments to §624.22, the Legislature distinguished between outdoor fireworks displays and indoor fireworks displays (indoor pyrotechnic displays). Prior to the amendment, the statute provided that a permit for any fireworks display shall be obtained from the local government unit. However, under the new language, a focal government unit is responsible for only outdoor fireworks display permits, while indoor fireworks display permits are the responsibility of the State Fire Marshall. Under the statutory mandates, the State Fire Marshall must receive and process indoor fireworks display permit applications, inspect the properties for which the permit is sought, and notify the local fire chief of the permit. The new language does permit the State Fire Marshall to grant a local fire chief the authority to issue permits for indoor fireworks displays; however, if the City decides not to assume the authority or responsibility of issuing indoor fireworks display permits, then the responsibility remains with the State Fire Marshall. In summation, a City ordinance to require and regulate outdoor fireworks display permits is not required as all of the regulatory provisions are set forth in the state statutes. In regard to a City ordinance for indoor fireworks display permits, the permitting process falls within the authority and responsibility of the State Fire Marshall, unless the City decides to accept the authority to issue the permits as delegated by the State Fire Marshall. If the City decides not to accept responsibility as delegated, then the permitting process remains with the State Fire Marshall. 3. Permits for Retail Sales of Exempt Fireworks. As stated above, certain sparkling or ignited products do not constitute "fireworks" under the state regulations in Minn. Stat. §§624.20 to 624.25. For purposes of this Memorandum, I will refer to those products that are specifically excluded from the definition of "fireworks" as "exempt fireworks." During the 2002 Legislative Session, the Minnesota Legislature removed certain products from the definition of fireworks which in turn, authorized the use, explosion, possession, and sale of those products. During the 2003 Legislative Session, the Minnesota Legislature passed into law a city's right to require an annual license for the sale of "exempt fireworks." Under the new law, the annual license fee may not exceed $350.00 and the City may not prohibit or restrict the display for retail sale those products that comply with the National Fire Protection Association Standards or impose any financial guarantee requirements upon a licensed retail seller. Unlike the fireworks display permit process, the State statute does not provide for the license or permit process. Therefore, if it is the City's desire to require a license for the retail sale of "exempt• fireworks," then an ordinance should be enacted by City Council. In conclusion, I have enclosed for your reference a copy of Minn. Stat. §§624.20 to 624.25, including a copy of the Legislative bills that were passed in 2003. SKH/j It cc: ~ om Hedges, City Administrator Craig Jensen, Fire Chief -Eagan Fire Department 3d Page 1 of 36 Minnesota Statutes 2002, Chapter 624. Copyright 2002 by the Office of Revisor of Statutes, State of Minnesota. ==629.01 624.01 Repealed, 1995 c 186 s 103 ==629.02 629.02 Repealed, 1985 c 212 s 27 ==629.03 629.03 Repealed, 1995 c 186 s 103 ==624.04 624.09 Service of process on the Sabbath prohibited. Every service of legal process upon the Sabbath day, except in case of a breach or apprehended breach of the peace, or when sued out for the apprehen_ior. of a person charged with crime, or where such service is expressly authorized by statute, is hereby prohibited. HIST: (10237) RL s 4983 ==624.20 624.20 Fireworks. A1l~~~tr.dCC1 Z~b J /,L_~ ;~ ~ < < c I~.e al. Subdivision 1. (a) As used in sections 624.20 to 624.25, the term "fireworks" means any substance or combination of substances or article prepared for the purpose cf producing a visible or an audible effect by combustion, explosion, deflagration, or detonation, and includes blank cartridges, toy cannons, and toy canes in which explosives are used, the type of balloons which require fire underneath to propel them, firecrackers, torpedoes, skyrockets, Rornan candles, daygo bombs, sparklers other than those specified in paragraph (c), or other fireworks of like construction, and any fireworks containing any explosive or inflammable compound, or any tablets or other device containing any explosive substance and commonly used as fireworks. (b) The term "fireworks" shall not include toy pistols, toy guns, in which paper caps containing 25/100 grains or less of explosive compound are used and toy pistol caps which contain less than 20/100 grains of explosive mixture. (c) The term also does not include wire or wood sparklers of not more than 100 grams of mixture per item, other sparkling items which are nonexplosive and nonaerial and contain 75 grams or less of chemical mixture per tube or a total.of 200 grams or less for multiple tubes, snakes and glow worms, smoke devices, or trick noisemakers which include paper streamers, party poppers, string poppers, snappers, and drop pops, each consisting of not more than twenty-five hundredths grains of explosive mixture. The use of items listed in this paragraph is nct permitted on public property. This paragraph does not authorize the purchase of items listed in it by persons younger than 18 years of age. The age of a purchaser of items listed in this paragraph must be verified by photographic identification. http://wwvv.revisor.leg.state.mn.us/cgi-bin/getstatchap.pl 6/3x2003 Page 2 of 36 Subd. 2. As used in sections 629.20 to 624.25, the term "explosive fireworks" means any fireworks that contain pyrotechnic or flash powder, gunpowder, black powder, or any other explosive compound constructed to produce detonation or deflagration. HIST: 1991 c 125 s l; 1988 c 584 s 2; 2002 c 350 s 1 ==629.21 629.21 Saie, possession, and use of fireworks prohibited. Except as otherwise provided in sections 624.20 to 624.25, it shall be unlawful for any person to offer for sale, expose for sale, sell at retail or wholesale, possess, advertise, use, or explode any fireworks. This section shall not be construed to prohibit the possession, use, or explosion of fireworks by an engineer licensed pursuant to sections 326.02 and 326.03 or a person under the engineer's direct supervision when undertaking acoustical testing; or sales at wholesale to those persons holding valid permits for a fireworks display from a governmental subdivision of the state; or sales outside the state or sales to licensed professional engineers for acoustical testing purposes only. Y.IST: 1991 c 125 s 2; 1963 c 818 s 1; 1982 c 990 s 1; 1988 c 584 s 3; 1994 c 636 art 5 s 17 ==624.22 ~ I 624 .22 Fireworks displays; permit; operator - ~. , _ .( ~•~ ~ ~ ~~~,~ ~ .E e h~~' '•~s_ certification. Subdivision 1. General requirements; permit; investigation; fee. (a) Sections 629.20 to 624.25 do not prohibit the supervised display of fireworks by a statutory or home rule charter city, fair association, amusement park, or other organization, except that: (1) a fireworks display may be conducted only when supervised by an operator certified by the state fire marshal; and (2) a fireworks display must either be given by a municipality or fair association within its own limits, or by any other organization, whether public or private, only after a permit for the display has first been secured. (b) An application for a permit must be made in writing to the municipal clerk at least 15 days in advance of the date of the display and must list the name of an operator who is certified by the state fire marshal and will supervise the display. The application must be promptly referred to the chief of the fire department, who shall make an investigation to determine whether the operator of the display is competent and is certified by the state fire marshal, and whether the display is of such a character and is to be so located, discharged, or fired that it will not be hazardous to property or endanger any person. The fire ci-,ief shall report the results of this investigation to the clerk. If the fire chief reports that the operator is certified, that in the chief's opinion the operator .~~ http://www.revisor.leg.state.mn.us/cgi-binlgetstatchap.pl 6/3/2003 Page 3 of 36 is competent, and that the fireworks display as planned will conform to the safety guidelines of the state fire marshal provided for in paragraph (e), the clerk shall issue a permit for the display when the applicant pays a permit fee. (c) When the supervised fireworks display for which a permit is sought is to be held outside the limits of an incorporated municipality, the application must be made to the county auditor, and the auditor shall perform duties imposed by sections 624.20 to 624.25 upon the clerk of the municipality. When an application is made to the auditor, the county sheriff shall perform the duties imposed on the fire chief of the municipality by sections 629.20 to 629.25. (d) After a permit has been granted, sales, possession, use and distribution of fireworks for a display are lawful for that purpose only. A perrr;it is not transferable. (e) The state fire marshal shall adopt and disseminate to political subdivisions rules establishing guidelines on fireworks display safety that are consistent with sections 624.20 to 629.25 and the most recent editions of the Minnesota Uniform Fire Code and the National Fire Protection Association Standards, to insure that fireworks displays are given safely. In the guidelines, the state fire marshal shall allow political subdivisions to exempt the use of relatively safe fireworks for theatrical special effects, ceremonial occasions, and other limited purposes, as determined by the state fire marshal. Subd. 2. Operator certification requirements. (a) An applicant to be a supervising operator of a fireworks display shall meet the requirements of this subdivision before the applicant is certified by the state fire marshal. (b) An applicant must be at least 21 years old. (c) An applicant must have completed a written examination, aaministered or approved by the state fire marshal, and achieved a passing score of at least ~0 percent. The state fire marshal must be satisfied that achieving a passing score on the examination satisfactorily demonstrates the applicant's knowledge of statutes, codes, and nationally recognized standards concerning safe practices for the discharge and display of fireworks. (d) An applicant shall apply in writing to the state fire marshal by completing and signing an application form provided by the state fire marshal. (e) An applicant shall submit evidence of experience, which must include active participation as an assistant or operator in the performance of at least five fireworks displays, at least one of which must have occurred in the current or preceding year. Subd. 3. Certification application; fee. An applicant shall submit a completed initial application form including references and evidence of experience and successful comp_etion of t~:e written examination. rpplioants shat= pay a certification fee of $100 to the state fire marshal division of the department of public safety. The state fire marshal shall http://www.revisor.leg.state.mn.us/cgi-bin/getstatchap.pl 6/3/2003 Page 4 oi~ 36 review the application and send to the applicant written confirmation or denial of certification within 30 days of receipt of the application. Certification is valid for a period of fcur years from the date of issuance. Subd. 9. Classification. When an applicant has met the requirements of subdivisions 2 and 3, the state fire marshal shall certify and classify the operator for supervising proximate audience displays, including indoor fireworks displays, for supervising traditional outdoor fireworks displays, or for supervising both types of displays, based on the operator's documented experience. Subd. 5. Responsibilities of operator. The operator is responsible for ensuring the fireworks display is organized and operated in accordance with the state fire marshal's guidelines described in subdivision 1. Subd. 6. Reports. (a) The certified operator shall submit a written report to the state fire marshal within ten days following a fireworks display conducted by the operator if any of the following occurred: (1) an injury to any person resulting from the display of fireworks; (2) a fire cr damage to property resin*_ing from the display of fireworks; or (3) an unsafe or defective pyrotechnic product or equipment was used or observed. (b) The certified operator shall submit a written report to the state fire marshal within 30 days following any other fireworks displays supervised by the operator. (c) The state fire marshal may require other information from operators relating to fireworks displays. Subd. 7. Operator certification renewal. An applicant shall submit a completed renewal application form prepared and provided by the state fire marshal, which must include at least the dates, locations, and authorities issuing the permits for at least three fireworks displays participated in or supervised by the applicant and conducted during the past four years. An applicant shall pay a certification renewal fee of $100 to the state fire marshal division of the department of public safety. The state fire marshal shall review the application and send to the applicant written confirmation or denial of rrartifiratipn rcnoy,~al Hii thin 30 d3}~c Cf re~cip± pf +hc application. Certification is valid for a period of four years from the date of issuance. Subd. 8. Suspension, revocation, or refusal to renew certification. The state fire marshal may suspend, revoke, or refuse to renew certification of an operator if the operator has: (1) submitted a fraudulent application; (21 caused or permitted a fire or safety hazard to exist or 3~ http://www.revisor.leg. state.mn.us/cgi-bin/getstatchap.pl 6/3/2003 Page 5 of 36 occur during the storage, transportation, handling, preparation, or use of fireworks; (3) conducted a display of fireworks without receipt of a permit required by the state or a political subdivision; (4) conducted a display of fireworks with assistants who were not at least 18 years of age, properly instructed, and continually supervised; or (5) otherwise failed to comply with any federal or state law cr regulation, or the guidelines, relating to fireworks. Subd. 9. Database. The commissioner of public safety shall maintain a database of the information required under this section for purposes of (1) law enforcement, (2) investigative i:,quiries made under subdivision 1, and (3) the accumulation and statistical analysis of informaticn relative to fireworks displays. HIST: 1991 c 125 s 3; 1973 c 123 art 5 s 7; 1985 c 248 s 70; 1986 c 994; iy9~ c 226 art 9 s 23; 1997 c 187 art 1 s 23 ==629.221 629.221 Exemptions for license or permit holder. to Sections 629.20, 624.21, and 624.23 to 624.25 do not apply (a) the holders of a federal explosives license or permit issued pursuant to United States Code, title 18, chapter 90, or their agents when the holder or agent is acting in compliance with the co^dit_cns of licensure; or (b) the holders of permits issued pursuan*_ to section 624.22 or their agents, from the date of issuance until 20 days after the date of exhibition. authorized by the per:r,it, when the holder or agent is acting in compliance with the conditions of the permit and section 629.22. HIST: 1988 c 589 s 4 ==624.23 624.23 Construction of sections 624.20 to 629.25. Nothing in sections 624.20 to 629.25 shall be construed to prohibit any resident wholesaler, dealer, or jobber, from possessing or selling at wholesale fireworks which are not prohibited; or the possession or sale of any kind of fireworks for shipment directly out of the state; or the possession or use of fireworks by airplanes and railroads, or other. transportation agencies for signal purposes or illumination; or the possession, sale, or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports, or for use by military organizations or for use as a bird or animal repelling device. HIST: 1941 c 125 s 4; 1971 c 710 s l; 1988 c 584 s 5 ==629.29 ~.3 S http://vvv~w.revisor.leg.state.mn.us/cgi-bin/getstatchap.pl 6/3/2003 .., ,...... ., ._ ._...... __....~ ... .. ..._~ .~ ..~ r Minnesota Statutes 2002. Table of Chapters Table of contents_for Chaptei_ 624 624.24 Officers may seize illegal fireworks. The state fire marshal, or any sheriff, police officer, constable, or local fire marshal, shall seize, take, remove, or cause to be removed, at the expense of the owner, all stocks of fireworks or combustibles offered or exposed for sale, stored, or held in violation of sections 69.20 tc 624.25. HIST: 1991 c 125 s 5 Copyright 2002 by the Office of Revisor of Statutes, State of Minnesota. 36 rage ~ of i http://www.revisor.leg.state.mn.us/stats/624/24.html 6/3/2003 Minnesota statutes 1002, 624.25 Minnesota Stahrtes 2002. Table of Chapters 1~able_of contents_for C__hapter 6? 624.25 Violation. Any person violating the provisions of sections 624.20 to 62.4,.24 may be sentenced as follows: (1) if the violation involves explosive fireworks in an amount of 35 pounds gross container weight or more, to imprisonment for not more than one year, or *_c payment of a fine of not more that. 53,000, or both; (2) if the violation involves explosive fireworks in an amount of less than 35 pounds gross container weight, to imprisonment. for not more than 9C days, or to payment of a fine of not more than S?00, or both; and (3) if the violation involves any amount of fireworks other than explosive fireworks, to imprisonment for not more than 90 days, or to payment of a fine of not more than 500, or both. HIST: 1991 c 125 s 6; 1988 c 589 s 6 Copyright 2002 ~y the Gffice of Revisor of Statutes, State of Minnesota. http://w~~w.revisor.leg.state.mn.us/stats/624/25.html ` Page 1 of 1 6/3 /2003 J.i iv v. w~, Diu i,~ib,.,~„ii~..~ 374.1 Sec. 6. Minnesota Statutes 2002, section 629.2G, 379.2 subdivisior. 1, is amended to read: 379.3 Subdivision 1. (a) As used in sections 629.20 to 624.25, 374.4 the term "fireworks" means any substance or combination of 379.5 substances or article prepared for the purpose of producing a 379.6 visible or an audible effect by combustion, explosion, 374.7 deflagration, or detonation, and includes blank cartridges, toy 374.8 cannons, and toy canes in which explosives are used, the type of 374.9 balloons which require fire underneath to propel them, 374.10 firecrackers, torpedoes, skyrockets, Roman candles, daygo bombs, 374.11 sparklers other than those specified in paragraph (c), or other 379.12 fireworks of like construction, and any fireworks containing any 374.13 explosive or inflammable compound, or any tablets or other 379.19 device containing any explosive substance and commonly used as 374.15 fireworks. 374.16 (b) The term "fireworks" shall not include toy pistols, toy 374.17 guns, in which paper caps containing 25/100 grains or less of 374.18 explosive compound are used and toy pistol caps which contain 379.19 less than. 20/100 grains of explosive mixture. 374.20 (c) The term a'_so does not include wire or wood sparklers 374.21 of not more than 100 grams of mixture per item, other sparkling 374.22 items which are nonexplosive and nonaerial and contain 75 grams 379.23 or less of chemical mixture per tube or a total of 200 grams or 374.29 less for multiple tubes, snakes and glow worms, smoke devices, 379.25 or trick noisemakers which include paper streamers, party 374.26 poppers, string poppers, snappers, and drop pops, each 374.27 consisting of not more than twen-y-five hundredths grains of 374.28 explosive mixture. The use of items listed in this paragraph is 379.29 not permitted on public property. This paragraph does not 374.30 authorize the purchase of items listed in it by persons younger 374.31 than 18 years of age. The age of a purchaser of items listed in 374.32 this paragraph must be verified by photographic identification. 374.33 (d) A local unit__of~covernment may impose an _annual license --- ------- 374.34 fee for the retail sale of items authorized under paragraph 374.35 (c). The annual license fee of each retail seller that i_s in 374.36 the_busin_e_ss of selling only the items _authorized under 375.1 paragraph (c) ma~_not exceed $350, and the annual license of 375.2 each other retail seller may not exceed $100._ A local unit of - __ -- _. 375.3 government ma~not_:_ - - -- - 375.9 (1) impose_any fee or charge, other than the fee authorized 375.5 b}! this paragraph, on the retail sale of items authorized und_e_r 375. 6 paragraph (c) ; 375.7 (2) prohibit or restrict the display of.items for permanent 375. B or tem~orar~ retail__sale autho_rized_ under~aragr~h~(c). that 375.9 comp.with Nat_iona__l__Fire Protection Association Standard 1124 375.10 (_2_0.03 e_dition)_; o_ r 375.11 (3_) impose on_a retail seller any financial guarantee 375.12 requirements, including bonding or insurance provisions, 375.13 containing restrictions or conditions not imposed on the same 375.14 basis on a_11_o_th_e_r_b_u_s_ines_s licensees. 375.15 ~ [EFFECTIVE DATE.] This section is effective__t_he daY 3?5.i6 following final enactment. ~ J U Yage 1 of 1 http://vvww.revisor.leg.state.mn.us/cgi-bin/getbill.pl?version=latest&session=ls83&number=S90~ 6/3/2003 lvln ~.r.~ ~~U.i spy isl Page 1 of 2 40.14 Sec. 28. Minnesota Statutes 2002, section 624.22, 90.15 subdivision 1, is amended to read: 90.16 Subdivision 1. [GENERAL REQUIREMENTS; PERMIT; 40.17 INVESTIGATION; FEE.] (a) Sections 629.20 to 629.25 do not 90.18 prohibit the supervised display of fireworks by a statutory or 90.19 home rule charter city, fair association, amusement park, or 90.20 other organization, except that: 40.21 (1) a fireworks display may be conducted only when 40.22 supervised by an operator certified by the state fire marshal; 40.23 and. 40.24 (2) a fireworks display must either be given by a 40.25 municipality or fair association within its own limits, or by 90.26 any other organization, whether public or private, only after a 40.27 permit for the display has first been secured. 40.28 (b) An application for a permit for an outdoor fireworks 90.29 displ~ must be made in writing to the municipal clerk at least 40.30 15 days in advance of the date of the display and must list the 40.31 name of an operator who is certified by the state fire marshal 9C.32 and wi'_~ supervise the display. The application must be 40.33 promptly referred to the chief of the fire department, who shall 40.34 make an investigation to determine whether the operator of the 40.35 display is competent and is certified by the state fire marshal, 40.36 and whether the display is of such a character and is to be so 91.1 located, discharged, or fired that it will not be hazardous to 41.2 property or endanger any person. The fire chief shall report 91.3 the results of this investigation to the clerk. If the fire 9i.4 chief reports that the operator is certified, that in the 91.5 chief's opinion the operator is competent, and that the 91.6 fireworks display as planned will conform to the safety 91.7 guidelines of the state fire marshal provided for in 91.8 paragraph ~- (f), the clerk shall issue a permit for the 41.9 display when the applicant pays a permit fee. 41.10 (c) When the supervised out_doo_r fireworks display for which 91.11 a permit is sought is to be held outside the limits of an 91.12 incorporated municipality, the application must be made to the 91.13 county auditor, and the auditor shall perform duties imposed by 41.14 sections 624.20 to 624.25 upon the clerk of the municipality. 91.15 When an application is made to the auditor, the county sheriff 41.16 shall perform the duties imposed on the fire chief of the 91.17 municipality by sections 624.20 to 629.25. 41.18 (d` An application for an indoor fireworks display permit 91.19 must be made in writing_to_the state fire marshal by _t he 41 .20 o~rator_ of t_he facility in which_the display_ is_ to occur at 91.21 least_ 15 _d~s in advance of the date_ of anv performance,_ show, -- 41.22 or event which will include the discharge of fireworks inside a 91.23 building or structure. The ,application must list the name of an 41.24 operator who is certified by the_state fire marshal and will 41.25 supervise the display. The state fire marshal shall make an 41.26 investigation to determine whether the operator of the display ---- -- - - 91.27 is competent and is properly certified and whether the displ~ 41.28 is of such a character and is to be so located, discharged, or 4 i . 29 fired that it will not be hazardous to~ro~ert~or_ endanger_ any 91.30 erson. If the state fire marshal determines that the operator p- - -- - - -------- -- -- -- 41.31 is certified and competent, that the indoor fireworks display as 41.32 Manned will conform to the safety guidelines provided for in 41.33 paragraph (f), and that adequate notice will be given to inform 41.34 patrons of the indoor fireworks dis~la~L the state fire marshal , ~$ S Z 41.35 shall issue a ~rmit for the display when the applicant_~ays an ~ i~ 91.36 indoor fireworks fee of $150 and reimburses the fire marshal for ~..~~ ~ Z ~' 42.1 costs of inspection. Receipts from the indoor fireworks fee and ~,\ 1 ~ s-..r .- ~ 7 ~ ~ ~- 3 ~ . http://wwvv.revisor.leg.state.mn.us/cgi-bin/getbill.pl?version=latest&session=ls83&number= S2&session_y... 6/3/2003 lVln ~.t'.L LUV.~ sps 1st 92.2 inspection reimbursements must be deposited in the general fund 42.3 as a nondedicated receipt. The state fire marshal may issue a --- -------- --- - -- -- 92.9 side permit _for_multi le indoor fireworks displays_when all of 92.5 th_e displays are_to take place at the same venue as part of a 42.6 series of performances by the same performer or group of_ 42.7 performers. A copy of th_e application must be promptly conveyed 42.8 to the chief of the local fire department who shall make ---- --- , 42.9 ~ropriate~reparations_to ensur~ublic safety in the- vici_ni__t_y 92.10 of the displ~. The operator of a facility where an indoor 42.11 fireworks display occurs must provide notice- in_a_Prominent 42.12 place as approved by the state fire marshal to inform patrons 92.13 attending_a Performance when indoor fireworks will be part, of 42.14 that performance.__The state fire marshal_may_grant a local- fire 42.15 chief- the authority to i^ssue permits for indoor fireworks 42.16 displays. Before issuing a permit, a local fire_chief_must make - - - - - --- 42.17 the_determinatior.s reguired_in_this paragraph. 92.18 (e) After a permit has been granted under either paragraph _.. _ 42.19 _(_b)_or (d)_, sales, possession, use and distribution of fireworks 42.20 for a display are lawful for that purpose only. A permit is not 42.21 transferable. 42.22 -{ar (f) The state fire marshal shall adopt and disseminate 42.23 to political subdivisions rules establishing guidelines on 42.29 fireworks display safety that are consistent with sections 92.25 629.20 to 624.25 and the most recent editions of the Minnesota 42.26 Uniform Fire Code and the National Fire Protection Association 42.27 Standards, to insure that fireworks displays are given safely. 92.28 Ir. the guidelines, the state fire marshal shall allow political 42.29 subdivisions to exempt the use of relatively safe fireworks for 92.30 theatrical special effects, ceremonial occasions, and other 92.31 limited purposes, as determined by the state fire marshal. 92.32 (EFFECTIVE DATE.] This section is effective the day 92.33 following final enactment. Page 2 of 2 http://www.revisor.leg.state.mn.us/cgi-bin/getbill.pl?version=latest&session=ls83&number=S2&session~... 6/3/2003 City of Eagan Procedures Temporary Malt Liquor License Temporary On-Sale License As a condition of your temporar}~ malt or on-sale license and as part of your application please complete the following and return along with the other paperwork received from City Hall. • Agrce all alcohol will be sold, served and consumed u~ a designated area, wluch is enclosed by fencing or other adequate material that will control access to area. To accommodate a variety of events and individual evrnt designs, please indicate how you will, at your event, prohibit sales to anyont under the age of 21 in your desigtiatod alcohol area by choosing one of the options listed below: o Allow individuals under the age of 21 into the designated area, but use a wristband to easily identify those over the age of 21 whose ag.e ID has been verified by a valid ID. (Wristband should be of Tyvek or other material that makes it difficult to remove aid transfer to another individual. See list of vendors provided.) ^ "Restrict the designated area to individuals over the age of 21 whose ag_e ID has been verified b,~• a valid ID. ^ Restrict the Event to those over the age of 21. In this case the whole event site is the designated area. In addition, some provision should be made to ensure that all those in attendance are over 21 years of age. • Agree that al] alcoholic beverages shall be soldv~ 12 oz cups for beer a~~d 5 oz glasses for wine in a cup that is of a distinctly different color from that of other non-alcoholic beverages. • Agree that there will be a lead person on duty at all times, that servers will be 21 years of age and older and that servers will refrain from drinking alcoholic beverages during their shift. • Agree that signs will be posted at all entrances prohibiting sales and consumption of alcoholic beverages to those under 21 and also to those obviously intoxicated. (See attached sign prodded for your use to copy and post.) • Agree that written procedwes for identifying and handling obviously intoxicated individuals be available on site for the servers. (See attached sample to use.} • Agree that atl servers and security should complete some type of approved server trainuig. (Sce attached sheet for list of suggested training sources.) • Aprec to provide adequate paid or volunteer securit)~ to monitor alcohol consumption. I agree to the above conditions and procedures and will complete alcoholic beverage server training. Name Date A site plan must be included with the application. `f/ Supporting Explanations for the Temporary License Procedures 1. The fu•st requirement is that all alcohol must be pwchased acid conswned in a restricted a~~ea surrounded by a snow fence or similaz type fencing, which cannot be easily compromised. This allows the event coordinator to control the flow of customers. Patrons will also be required to consume their alcoholic beverages in ibis area. R'e understand that each event will be set up a little differently so the next section of this requirement allows you to indicate how• you plan to enswe that only those of legal age aze able to purchase and consume alcoholic beverages. The goal, again, is to reduce the chance of wnderage consumption. The first choice under this requirement allows families and groups where there aze members under the age of 21 to be in the designated azea. It requires, however, that age be verified and a wristband be used to easily identify those of legal age for consumption. There is a list of sowces for the pwchase of wristbands included in yow packet. You may also have been provided a supply through a donation from various community groups. The second choice under this requirement makes the designated azea available only to those of legal age. ID's would be checked at the eintrance to enswe that Drily those over 21 aze in this azea. The third choice pertains to events like a wine tasting where tickets aze pre-sold and only those over 21 attend the event. Again some provision is required to ensure that only those of legal age aze in attendance. 2. The second requirement is that alcohol be sold in 12 ounce cups for beer and S ounce glasses for wine in a distinguishable cup/glass. The reason for this requirement is to determine easily who is drinilcing alcoholic beverages. There is a list of sowces for these cups provided for you in the packet. / 3. The third requirement is that al] staff directly involved in the serving of alcoholic beverages l must be 21 years of age and shall not he intoxicated. Further there should be a designated lead person on duty during seeing times. This is to be swe there is someone to assist in making any decisions pertairung to over seeing or youth access as it relates to the serving of alcohol. 4. Tlne fowtln requirement is that sityns will be posted at all entrances prolubitvng consumption and sale of alcoholic beverages to those under 21 and the obviously intoxicated. Sample signs ha~~e been pro~zded for yow use to copy and post. 5. The fifth requirement is that there be written procedures for identifying and handling obviously intoxicated individuals and that these procedwes be on site for servers to review. Provided in yow packet aze suggested procedwes for you to adopt and use. Please be sure that yow servers review this sheet. Most likely yow servers aze volunteers who may not be familiar with idcnntifying acid handling obvious intoxicated patrons. Let dnese procedwes serve as a resowce for you to be safe in yow serving of alcohol at yow event. 6. The si~cth requirement is that yow servers and sccwity personnel receive alcohol beverage server training. There is a list of sowces for this training provided in your packet as well as a list of topics that should be covered in a training. To meet this requirement you only need to have one person from yow organization attend a training, if they come back and train the other servers and security personnel. 7. The last requirement is that there be adequate security either paid or volunteer at yow event. Yow designated security could also be the individuals you have serving or~checking ID's at the entrance. Just be swe that you have designated an adequate number of individuals with the role of security to handle any issues that may arise with the consumption of alcohol. Make swe also that they have been trained and know the procedwes to follow if an issue arises. ~, ~~ ~~ Changing Alcohol Polities at Events May 27, 2003 Dear Tom, Attached are copies of the polices adopted in Highland Park, a draft copy of the polices adopted by Brooklyn Park, and the polices under consideration in Corcoran. I've also included two other examples from communities that are not in the project that also have adopted policy or ordinance changes. I would like to convey a word of caution if the council moves in the direction of making the entir>: festival site the designated area. While Highland Park does not have a fenced and enclosed area for serving alcohol, they have the alcohol service and concerts off to the side on an end of their festival. They also have huge crowds to contend with and the idea of fencing off an area is not an easy task. They also spend more than any other festival on security as a result and they freely admit that their weakest point is the security issue with the crowd and watching that there are not adults (over 21) providing alcohol to youth. Thus the point of my longwinded comments is that it be strongly recommended to the council that they keep the beer served in a DESIGNATED AREA that is contained by fencing. That is the consensus of the CAPE group that has been meeting here in Eagan as well. WE had quite a Lengthy discussion on this point. I would suspect that from a control perspective that yow police department would also support the designated azea. Thank you again for all yow help. It has been a pleaswe working in Eagan. I have met some wonderful people here. Sincerely, Sherry Timmermann 651-238-6538 ~f3 Sherry Timmermann, Communing Organizer 651-238-6538 timmermann@epi.umn.edu I .r-~ i.~ u0 1C: cUp DIVISIOn' OF LICENSING 763 425-2933 5200 85TH AVENUE NORTH BROOKLYN PARK, MN 55443-4300 .~~~~~ ~~ ti ~~ !~~~ ~ Cl ~~~~~~~~ ,~ ~,, h, - ~ ~~~~ .-I „+ _ _. _, _ ;. ._ I F. ~. , TEMPORARY 32 PERCENT MALT LIQUOR GOVERNMENT DATA PRACTICES ACT - TENNE550N WARNING: The data you supply on this form will be used to assess your qualifications for the license for which you are applying. 'fou ,+~ legally required to provide this data, but we will not be able to grant the license without it. The data will constitute a oubl~~- r- •;-:' if and when the license is granted and at that time copies may be issued to anyone. We ask for this information for the fni!o~;;~~: reasons: t. 7o distinguish you from other applicants and identify you in our license files. 2. To enable us to verify tfiat you are the individual who applies for the license. 3. To enable us to contact you when additional information is required. 4. To determine if you meet [he minimum age requirements (if any}. ~ 5. To determine whether your conviction record may be a joe•related consideration affecting your suitability for thy- In_.-~~;,, l you applied for. b. To make rocessing more efficient. Or anization Name: Street address: City, State, Zip * 4 Phone #: ( ) Name, address and telephone number of person responsible for this license on behalf of the organizauort: L ~. Name of event: ' ~ Local address of event: Dates you will be selling: Times you will be selling: List of brands and types that you v~ill be selling: Has this organization held a temporary 3.2 non intoxicating malt liquor license in Brooklyn Park withal the last 12 months? ^ Yes O No If yes list date(s) Notarized before me this day of , 20 FOR OFFICE USE ONLY: -~ AMOUNT RECEIVED RECEIPT # nort;nbrook Corps ~/y %~ Temporary 3.2 License Procedures Brooklyn Park Police o,~ r Brooklyn Park Police and Brooklyn Park Division of Licensing requires these conditions be met when applying for a temporary 3.2 license. Complete paper work obtained from City Hall and return along with this form. - Agree that all alcohol must be purchased and consumed in a restricted area surrounded by snow fence or similar type temporary fencing, which cannot be easily compromised. - Agree that a wristband or similar type device will be used to ID those whose age has been verified. - Agree that the hours permitted for alcohol sales shall be determined al the tii~~e oi- license issuance. - Hours of operation will be - Agree that signs will be posted at all entrances prohibiting consumption and sale of alcoholic beverages to those under 21 and the obviously intoxicated. - Agree all staff directly involved in the serving of alcoholic beverages must be 2 I years of age and shall not be intoxicated. - Agree that written procedures addressing intoxication will be available on site foi- the servers. - Agree each person shall be limited to no more than 2 servings per purchase. - Agree that all alcoholic beverages shall be sold in 120z. cups of a distinctly different color from that of other non-alcoholic beverages. I agree to the above conditions and procedures and will complete alcoholic beverage server training. Name Date A site plau must be included with the application. yS __ ..., ~c:cup tYorthbrook Corps 763 425-2933 p.4 ~' ,, r`~ / i! ,! IMPORTANT INFOP-MATION REGARDING THE 3.2 TEMPORARY LICENSE The first step in obtaining a 3.2 temporary license is to complete the license application. The licensing department for the City of Brooklyn Park issues this form. The application must be filled out completely and signed. Once completed it must be returned to the licensing department located at City Hall. The second step is to carefully read the Temporary 3.2 License Procedures. ?his forn~ is included with the license application and is provided by the Brooklyn Park Police Department. The hours of operation must be filled in and must be signed and dated. These procedures were designed to not only assist you, the event coordinator, but also tq help ensure the event is enjoyable for everyone. Once the form is completed, it should be returned with the temporary application to the licensing departmcnt. Additional Clarification To the Temaorary 3.2 License Procedures The first requirement is that all alcohol must be purchased and consumed in a restricted area surrounded by a snow fence or similar type fencing, which cannot be easily compromised. This allows the event coordinator to control the flow of patrons so only those of legal age will be in this designated area: A parent or legal guardian must accompany anyone under 21 in this location. The next requirement is that a wristband or similar type device will be used to ID those whose age has been verified. This will help the beverage server to identify those of legal drinking age and reduce the chance of underage consumption. The third requirement is that the hours permitted for alcohol sales shall be detennined at the time of license issuance. The alcohol sales will commonly stop one hour prior to tl~e end of the event. This may vary. The next requirement is to fill in the hours of operation. This will help us to determine the hours of sale. DRAFT ~f6 /~pr lU U3 12:21p Northbrook Corps 763 425-2933 ~.S The fifth requirement is that signs will be posted at all entrances prohibiting consumptioci and sale of alcoholic beverages to those under 21 and the obviously intoxicated. Tl1e police department will issue these signs. Yau should inform the police department ho~v many entrances you will have. The sixth requirement is that alI staffdirectly involved in the serving of alcoholic • beverages must be 21 years of age and shall not be intoxicated. The next requirement is that written procedures addressing intoxication will be available - on sire for servers. This should include how to address problems of intoxicated person. Providing these procedures will ensure a consistent approach to handling intoxicated people and will give guidance to people serving the beverages. The eighth requirement is that each person shall be limited to no more than 2 servings per purchase. This will help to reduce the chance of alcohol being provided to those udder 21. The ninth requirement is that all alcoholic beverages shall be sold in ] 2 Oz. cups of a distinctly different color from that of other non-alcoholic beverages. This will help to determine who is drinking alcoholic beverages. It is important that you sign and date the procedures form. Also, a site plan must be included with the license and procediu•es paperwork. All mentioned paperwork should be returned to the licensing department. IF YOU HAVE ANY QUESTIONS REGARDING THE TEMPORARY 3.2 LICENSr, PROCEDURES, PLEASE CONTACT CRIME PREVENTION COORDINATOR LEE GLAMM AT (763} 493-8035. ALL OTHER LICENSE QUESTIONS SHOULD BE DIRECTED TO THE LICENSING DEPARTMENT. DRAFT ~~ Alcohol Policies for Community Events Identification • Every person shall have a valid non-expired ID to purchase or consume alcohol, (Driver's license, State issued ID, Federal/Militar}~ ID, US or foreign passport). • All persons who consume alcoholic beverages shall be required to wear a wrist band or similar device to verify their age. Designated Location • All alcohol sales and consumption shall be restricted to a clearly designated location which is enclosed by fencing (temporary or otherwise). • Anyone under 21 shall be accompanied by their parent or Guardian in the designated area. y Management • All servers shall have completed alcoholic beverage server traininG. • A manager shall be on duty in the designated area at all times. v • Written policies shall be a~~ailable at site of sales. Enforcement procedures shall be in place for these policies. • Servers shall not drink during their shift. • Dram shop insurance and all required permits shall be obtained. Operations • All alcoholic beverages shall be sold in distinctive 1? oz. cups which are reserved for alcoholic beverages. • Each person shall be limited to ?servings per purchase. • There shall be no drink specials nor happy hours. • A sign shall be posted at the site of sales stating that state laws prohibit the sale of alcoholic beverages to those under the age of 21 and the obviously intoxicated. • Adequate security shall be present to insure that alcoholic beverages are consumed only in designated areas. `t ~ /,~. Highland Fest Alcohol Policies Alcohol may be served and/or consumed only in approved public areas. Alcohol may not be served and/or consumed in public areas that have not been approved through the license process. Approved public areas are those for which a special license has been granted directly by the City of St. Pau]. Public areas include the open field area West of the Highland Recreation Center! Library and 100 ft North and South of Ford Parkway between Kenneth and Finn. Highland Fest reserves the right to limit the number, frequency, and amount of alcohol served to any individual. Types of Alcohol Tap beer and bottled Hard Lemonade are the only approved alcoholic beverage permitted. (NO EXCEPTIONS) Identification Anyone who wants to purchase any alcohol must first have their identification checked that indicates that they are at least 21 years old. The use of false, altered, or borrowed identification of any type will prohibit the party from purchasing any alcohol. Types of permissible ID's will be discussed in detail during training. ANYONE THAT APPEARS 40 YEARS OLD OR YOUNGER MUST HAVE HIS OR HER IDENTIFCATION CHECKED. UNDERAGE DRINKING IS AGAINST THE LAW ! Wrist Bands After the identification has been checked and verified a wristband will be fastened around the wrist of the individual. This will be our way of determining that the age of the individual is at least 21 years or older. Time and Duration of Alcohol Sales Alcoholic beverages may be served only during the following hours • Friday 12:00 pm to 10:00 pm • Saturday 12:00 pm to 10:00 pm • Sunday from 12:00 pm to 5:00 pm. ~9 Beverage Managers • are responsible for supervising the serving and sale of alcohol. • are responsible for designating the Servers/Volunteers for the event and for ensuring that they carry out all responsibilities.. • are responsible for checking identification and verification of those eligible to be served throughout the entire event. • must be present in the area where the alcohol is being served and consumed throughout the entire event. must refrain from any consumption of alcoholic beverages. Servers /Volunteers • must be at least 21 years of age. • must be trained by Beverage Manager • must be sober (have refrained from consuming any alcohol). Additional Volunteers includes: • two individuals stationed at main entrances that will check ID's attach wrist bands and sell tickets for alcoholic beverages must be at least 21 years of age. • must be trained by Beverage Manager • must be sober (have refrained from consuming any alcohol). Serving of Alcoholic Beverages • When alcohol is being served (by a designated Server), it must be served to an individual and is limited to two druilcs per person at the time of serving. • Cup size is limited to 12 ounces Intoxicated Customers • Training will be provided by the Beverage Manager prior to the start of yow shift. • Any individual who appears intoxicated will be prohibited from purchasing any alcoholic product. • In the event that an individual gets loud or out of control ,refuse service and contact the Beverage Manager who will inform security of the situation. SD J ORONO POLICE DEPARTMENT SPECIAL EVENTS The Orono Police I?epartment is committed to assisting you with planning a safe and orderly special event. It is your responsibility to ensure that the event complies with all state, county and local laws and ordinances. In order to receive approval from the police department, your application must be submitted no less than two months prior to the event. Please remember, the police department does not grant permits; the city where the event is held grants the permits. The role of the police department is to ensure that public health and safety issues are adequately addressed during any special event. The special event for is separated into several different sections. You may need to complete several sections or just one depending on the event you are conducting. This is for the Orono Police Department only. The city may require added permits or licenses. SECTION A. EVENT COORDINATOR Name of Event Coordinator: Address: Home phone: ( ) Cell phone: ( ) Work phone: ( ) Pager: ( ) EVENT OVERVIEW Please define your event including the following: • Intent or purpose of the event, number of persons expected to attend • Type of organizations involved • Attendance fees • Public or private event • Event sponsor • Type of activity(ies) taking place. (Please use additional sheet as needed.) 5/ O No carry-ins of alcoholic beverages are permitted. ~ The name of the responsible person must be submitted to the Orono Police Department. This person must be present at all times during the event. LIVE OR AIVIPLIFIED MUSIC • Obtain all necessary permits from the city where the event is to be held. Be familiar with city noise ordinances. Within the site plan, please indicate the location of the source of the music, direction which it faces, and the times during which the music will be played. • Write a notification to the local businesses and residences which includes the date and times that the music will be playing. Provide the name and telephone number of a person who can respond to the concerns and who is directly related to the event and will be present during the event. Include the telephone number of the police dispatch and the city that has granted the special event permit. Notification should be given out two weeks prior to the event. • The following restrictions will be laced on all permits. Any peace officer may revoke your special permit in the event of multiple complaints. LARGE EVENTS • If your event is over three hundred people, you must include with your site plan permits or permission from the Fire Mazshall indicating the maximum capacity of the location of the event. • Identify pedestrian routes, toilet facilities, water source, and a notification plan in the event of severe weather. • You must identify the time table and facilities (if any) you plan to use for site cleanup. • In the event of on-site parking, you must also submit the routes and traffic flow pattern (s) upon the conclusion of the event. FIREWORKS • If your event includes fireworks, please obtain and submit the necessary permit(s). • If the display is to be done over water, permission must be obtained from LMCD and Hennepin County Water Patrol. Include a site security and safety plan with names of medical personnel who will be present. • ID the name and address of the company and/or person who is responsible for the fireworks display and submit a copy of their permit or license with your site plan. Indicate on the site plan the location of the display as well as the location where the fireworks will be located prior to the display. Indicate on the site plan the location of the display as well as the location of the fireworks prior to the display. • Indicate how you plan on verification of weather conditions and notification if the event is delayed or canceled. . ENTRY FEE If your event is charging any type of fee, you must submit the name, address, and telephone number of the individual or the company receiving the fee and state how the proceeds will be received. Indicate if the organization is tax exempt or non profit. sa SECTION B You must complete this section if your event includes any of the following: • Group of over 300 people • Liquor • Live or amplified music • Beer or wine • Fireworks • Entry fee or charge LIQUOR/BEER/WINE Within the site plan, please address the following issues: • Identify the location of sales or distribution of alcohol. • Indicate the size (square footage) of the restricted area where alcohol is being served. y • Indicate the number of access point(s) and how they will be controlled. • Identify the security arrangements for the access points. The following are restrictions and conditions that will be placed upon any permit where liquor/beer/wine is sold: ^ All required permits must be obtained. (Local, County, and State) ^ All alcohol must be purchased and consumed in a restricted area surrounded by snow fence or similar type temporary fencing which cannot be easily compromised. _ ^ All access points must be controlled by private security. ^ Minors should not be allowed access without parent. ^ Alcohol sales are restricted to persons over age 21. Age must be verified through legally accepted IDs, (Driver's license, State issued IDs, Federal/Military ID, US or foreign passport.) ^ A wristband or similar t}ape device will be used to ID those whose age has been verified. ^ No drinking allowed outside of the restricted area. This includes parking areas. ^ A limit of 2 beverages to be sold at one time. ^ All alcoholic beverages will be sold in 12 oz. cups of a distinct different color from that of other non-alcoholic beverages. ^ Alcohol sales will stop one hour prior to the end of the event. ^ No service or sales to intoxicated persons. ^ Signs to be posted at all entrances prohibiting consumption of alcoholic beverages in other than the designated area. ^ Non-alcoholic beverages and food are accessible for sale. ^ Servers are to undergo Alcoholic Beverage Server training. ^ Two sworn police officers must be hired and be present. ^ A security staff must be in place in the ratio of 10 per 1000 attendees. ^ A written procedure must be in place on the handling of intoxicated individuals. Security staff must be trained in this procedure. ^ A police officer may revoke any permit at any time for multiple violations. ~3 SITE 1~IAP AiVD PLAN Please attach a separate site map. The map should indicate the following: ^ Buildings, driveways and local streets. ^ Parking locations. ^ Any temporary structures or tents, bandstands, temporary restrooms, or any cordoned off area(s). Please provide a written plan that addresses all issues as described in Section A and all that apply in section B. PARKING If pazking is off-site, you will need to identify these azeas by address and number of parking spots available. You will also have to obtain and submit written permission from the property owners. If off-site parking is not within walking distance, include in your event plan the transportation arrangements. Da not rely upon on-street pazking. On- street parking may not be permitted or restricted to one side only. Any restrictions will appear on your permit. Plan on three persons per vehicle to determine the amount of parking needed. ADDITIONAL PERMITS If you have obtained or are going to obtain any added permits for this event, please attach copies of the permit or application(s). Listed below are types of permits you may need: Liquor License (Local or State) Live Music Water Patrol LMCD Fireworks Health Department (County) Fire Department (Fire Marshall) Vendor License Use of Public Property DNR Medical Gambling Please remember that if you have vendors present, they maybe required to be licensed and inspected. Other attractions such as petting zoos or carnivals will have additional requirements/restrictions or will need added permits. Srf 04!03/2003 14:30 12186854948 ORDINANCE NO. 189 AN ORDINANCE 13EGULATING THE POSSESSION, SAi,E AND CONSUMPTION OF INTOXICATING AND 3.2 PERCENT MALT LIQUOR WITHIN THE CITY OF ELBOW LAKE, NIINNESOTA The City Council of the City of Elbow Lake, Minnesota, does ordain: Section 1. ADOPTION OF STATE I.AW BY REFERENCE The provisions of M. S. Chapter 340A, as they may be amended from time to time, ~Lr:: - reference to the definition of terms, conditions of operation, restrictions on consurnpuur: provisions relating to sales, hours of sale, apd all other matters pertaining to the retAi] sal~- distribution, and consumption of intoxicating liquor and 3.2 percent malt liquor are hereby. adopted by reference and are made a part of this ordinance as if set out in full. It is the intenercn of the City Council that all future amendments to M.S. Chapter 340A are hereby adopted b~: reference or referenced as if they had been in existence at the time this ordinance is adopted. Section 2. CITY MAY BE MORE RESTRICTIVE THAN STATE LAW The Council reserves the authorizations of the provisions of M. S. §340A.509, as it ma~, be amended from time to time, to impose, and has imposed in this ordinance, addition~~~ restrictions on the sale and pt-ssession of alcoholic beverages within its limits beyond tt,~,~C contained in M.S. Chapter 340A, as it may be amended from time to time. Section 3. DEFIfIITIONS In addition to the definitions contained in M.S. §340A.1U1, as it may be amended from time to time, the following terms are defined for purposes of this ordinance: CUUNCIL shall mean City Council of the City of Elbow Lake. City as used herein snai mean City of Elbow Lake. LIQUOR, as used in this ordinance, without modification by the words "intoxicating" ~:~~ "3.2 percent malt", includes both intoxicating liquor and 3.2 percent malt liquor. RESTAURANT' means an eating facility, other than a hotel, under the control of a sing,c proprietor or manager, where meals are regulaxly prepared on the premises, where tul! waitressJwaiter table .service is provided, where a customer orders food frorc~ printed menus and where the main food course is served and coaasumed while seated at a single location, To be restaurant as defined by this term in this ordinance, an establishment shall have a license from the state as required by Minn.Stat. §157.16, as it may be amended from time to time, and mee~ the defuution of either a "small establishment", "medium establishment" or "large establishmenr" as defined in Minn.Stat. §157.16 subd.3d as it may be amended from time to time. ,~s, ss 04/03/2003 14:30 12186854948 establishment which serves prepackaged food that receives heat treatment and is served to ci~~ packaga or frozen pizza that is heated and serve, shall not be considered to be a restaurant f~~r purposes of this chapter unless it meets the definitions of "small establishment", "medi.,;;; establishment", ar "large establishment". STATE as used herein shall mean State of Minnesota. Section 4. NUDITY ON THE PREMISES OF LICENSED ESTABLISHMENTS PROHIBITr ~~ (A) The City Council finds that it is in the best interests of the public health, safety an.; general welfare of the people of the City that nudity is prohibited as provided in this section ~,~~ the premises of any establishment licensed under this ordinance. This is to protect and assist the owners, operations and employees of the establishment, as well as patrons and the public ~-. general, from harm stemming from the physical immediacy and combination of alcohol, nua~r, and sex. The Council especially intends to prevent any subliminal endorsement of sexua: harassment or activities likely to lead to the possibility of various criminal conduct, includin prostitution, sexual assault and disorderly conduct. The Council also finds that the prohibition car nudity on the premises of any establishment licensed under this ordinance, as set forth in cn,, section, reflects the prevailing community standards of the City. (B) It is unlawful for any licensee to permit or allow any person or persons or tir: licensed prenuses when the person does not have his or her buttocks, anus, breasts and gen,ta~ covered with anon-transparent material. It is unlawful for any person to be on the licensee', premises when the person does not have his or her buttocks, anus, breasts and genitals covered with anon-transparent material. (C) A violation of this section is a misdemeanor punishable as provided by law, and ~ justification for revocation or suspension of any liquor, wine or 3.2 percent malt liquor livens<= or the imposition of a civil penalty under the provisions of Section 29(B) of this vrdinanc.e Section 5. CONSUMPTION IN PU$LiC PLACES No person shall consume intoxicating liquor or 3.2 percent malt liquor on any pu bi i e street, sidewalk, parking Iot or alley, or in any public place other than on the premises of an establishment licensed under this ordinance or where the consumption and display of liquor ~ < lawfully permitted. Section 6. NUMBER OF LICENSES WHICH MAY BE ISSUED. State law establishes the maximum number of liquor licenses that a city may ~ssu:° However, the number of off sale intoxicating liquor licenses and on sale intoxicating .liquor licea~es which may be granted under this ordinance is limited to two and two respecti~-el :- excluding temporary licenses, even if a larger number of licenses are authorized by law ~- election. The Cotmcil in its sound discretion may provide by ordinance that a larger number r,; 2 ~I'V 04/03/2003 14:30 12186854948 licenses may be issued up to the number of licenses authorized by Minnesota Statutes ChaFtL r 340A, as it -may be amended from time to time. Section 7. TERM AND EXPIRATION OF LICENSES Each license shall be issued for a maximum period of one year. Ali licenses, exec; temporary licenses, shall be issued effective January 1 and shall expire on December 31 of eaci, year unless another date is provided by ordinance. All licenses except temporary licenses, issucc after January 1, shall expire December 31. Temporary licenses expire according to their term. Consumption and display permits issued by the Ca~mmissioner of Public Safety, and chi accompanying City consent to the permit, shall expire on March 31 of each year. Licenses issuP~! under an ordinance or ordinances at the effective date of this ordinance shall expire on L7ecem r 31, 2002. Section 8. ICINl7S OF LIQUOR LICENSES The following licenses and permits, up to the number specified in Section 6 of thi ordinance, arc authorized. (A) 3.2 percent malt liquor on-sale licenses, which may be issued only to restaurants. hotels, clubs, bowling centers and establishments used exclusively for the sale of 3.2 percent rrialt liquor with the incidental sale of tobacco and soft drinks. (B} 3.2 percent malt liquor off-sale license. (C) Temporary 3.2 percent malt liquor licenses which may be issued only to a c l u r charitable, religious or nonprofit organization, (D) On-sale intoxicating liquor licenses, which may be issued to the follou-~n establishments as defined by Minn.Stat. §340A.10I, as it may be amended from time to time, anc~ this ordinance: hotels, restaurants, bowling centers, clubs or congressionally chartered veterans organizations, and exclusive liquor stores. Club licenses may be issued only with the approva of the Comrnissioner of Public Safety. The fee for club licenses established by the Council under Section 9 of this ordinance shall not exceed the amounts provided for in 340A.408, subd.'_' i h ±. as it may be amended from time to time. The Council may in its sound discretion authorize :; retail on-sale licensee to dispense intoxicating liquor off the licensed premises at a commttn~r. festival held within the Gity under the provisions of Minn.Stat. §340A.404, subd.4b, as it ma~~ be amended from time to time. The Council may in its sound discretion authorize a retail on-sale licensee to dispense intoxicating liquor off the licensed premises at any convention, banquet, conference, meeting or social affair conducted on the premises of a sports, convention, or cultural facility awned by the City, under the provisions of 340A.404, subd.4a, as it may be amended from time to time; however the licensee is prohibited from dispensing intoxicating liquor to any person attending or participating in an amateur athletic event being held on the premises. 3 ~~ 04/03/2003 14:30 12186854948 (E) Sunday on-sale intoxicating liquor licenses may be issued only to a restaurant. ,~~ defined in Section 3 of this ordinance, club, bowling center, or hotel which has a seating capac~r`~ of at least 30 persons, which holds an on-sale itwtoxieating liquor license, and which serves liquor only in conjunction with the service of food. The maximum fee for this license which shall he established by the Council under the provisions of Section 9 of this ordinance, shall not exceed X200.00, or the maximum amount provided by Minn.5tat. §340A.504, subd 3(c) as it md~~ he amended from time to time. (F} Combination on-sale/off--sale intoxicating liquor licenses. {G) Temporary on-sale intoxicating liquor licenses, temporary 3.2 malt liquor nn sa; licenses, temporary on sale wine licenses, and temporary set up licenses, with the approval cr th~~ Commissioner of Public Safety, which array be issued only in connection with a social eL~ent sponsored by a club, charitable, religious or other nonprofit corporation that has existed for ai least three years. No license shall be for longer than four consecutive days, snd the Cit`• shall issue na more than 12 days worth of temporary licenses to any one organization in one calendar Y~~ {H) On-sale wine licenses, with the approval of the Commissioner of Public Safet~~ ~; restaurants that have facilities for seating at least 30 guests at one time and meet the critenr~ ~, Minn.Stat. §340A.404, subd 5, as it may be amended from time to time, and which meet !h~.~ definition of restaurant in Section 3 of this ordinatce; and to licensed bed and breakfast facilitie, which meet the criteria in Minn.Stat. §340A.401, subd 1 as it may be amended from time to time. The fee for an on-sale wine license established by the Council under the provisions of Section 9 ol'this ordinance shall not exceed one; half of the license fee charged for an on-sale intoxicating liquor license. The holder of an on•sale wine license who also holds an on-sale 3.? percent malt liquor license is authorized to sell malt liquor with a content over 3.2 percent (strong beer ~ without an additional license. (I) One day consumption and display permits with the approve] of the Commissioner ~} Public Safety to a nonprofit organization in conjunction with a social. activit}~ in the ~',r. sponsored by the organization. (n Set-up licenses which must meet the same criteria as on-sale wine licenses. {K) Approval of the issuance of a consumption and display permit by the Commissioner of Public Safety. The maximum amount of the additional fee which may be imposed by tnc Council on a person who has been issued a consumption and display permit under the provisions of Section 9 of this ordinance shall not exceed 5300.00, or the maximum amount permitted bti~ Minn.Stat. §340A.414, subd 6, as it may be amended from time to time. Consumption ana display permits shall expire on March 31 of tech year. Section 9. LICENSE FEES; PRO RATA (A) No license or other fee established by the City shall exceed any limit established h, Minn.Stat. §340A, as it may be amended from time to time, for a liquor license. 4 sg 04/03/2003 14:30 12186854948 {$) The Council may establish from time to time by ordinance or resolution the fee fc: any of the liquor licenses it is authorized to issue. The license fee may not exceed the cost ~! issuing the license and other costs directly related to the enforcement of the liquor laws and th~~ ordinance. No liquor license fee shall be increased without providing mailed notice of a heann: on the proposed increase to all affected licensees at least 30 days before the hearing. (C) The fee for alt licenses, except temporary licenses, granted after the commencemer~: of the license year shall be pmrated on a quarterly basis. (D) All license fees shall be paid in full at the time the application is filed with the Cin- If the application is denied, the license fee shall be returned to the applicant. (E) No refund of a pro rata share of an aacaual license fee shall occur. (F) The initial Iicense fees, subject to amendment by Council resolution ar ordinance, she; ; be $1,000.00 on-sale intoxicating liquor; $1,100.00 combination on-sale/off-sale; $2~.(~r~ temporary on-sale; $25.00 on-sale wine; $25.00 set up; $25.00 3.2 beer on-sale and all temporary. licenses, Section 10. COUNCIL DISCRETION TO GRANT OR DENY A LICENSE The Council in its sound discretion may either grant or deny the application for an~~ license or for the renewal of any license. Nv applicant has a right to a license under this ordinance. Section 11. APPLICATION FOR LICENSE (A) Form. The application far a license issued under .this ordinance shall be on a corm provided by the City. Every application shall state the name of the applicant, the applicant's age. representations as to the applicant's character, with references as the Council may require, the type of license applied for, the business in connection with which the proposed license wi 1 I operate and its location, a description of the premises, whether the applicant is owner and operator of the business, how long the applicant has been in that business at that place, and other information as the Council may require from time to time. An application for an on-sale intoxicating liquor license shall be in the form prescribed by the Commissioner of Public Saier,~ and shall also contain the information required in this section. The form shall be verified am filed with the City. No person shall make a false statement in an application. Any applican~ convicted of a gross misdemeanor within five years of the application, who does not have a gooc; financial credit history, or is otherwise not of good reputation, shall be denied a license. (B) F'fnanciaY responsibility. Prior to the issuance of any license under this ordinance, the applicant shall demonstrate proof of financial responsibility as defined in IVlinn.Stat. §340A.409. as it may be amended from time to time, with regard to liability under Iviinn.Stat. §340A.801. 5 S9 ____ ~~. ,~~ iLl DDDJ47HD - as it may be amended from time to time. This proof will be filed with the City an~ T: Commissioner of Public Safety. Any liability insurance policy filed as proof of f nancz,; i responsibility wader this section shall wnfarm to Minn.Stat. §340A.409, as it may be amender] from time to time. Operation of a business which is required to be licensed by this ordinance without having on file with the City at all times effective proof of financial responsibility ;~ ~, cause for revocation of the license. Section 12. DESCRIPTION OF PREMISES The application shall specifically describe the compact and contiguous premises w~ u~ ~ ~,: which liquor may be dispensed and consumed. The description. may not include any parking i<~~ or sidewalk except on a temporary basis (no more than three consecutive days] and only «~~ prior council approval. The description shall contain the street address and description. Section I3. APPLICATION FOR REN)E'R~AL At least 90 days before a license issued under application far renewal shall be filed with the City. Th license rests within the sound discretion of the Council. license renewed. Section 14, TFZANSFER OF LICENSE this ordinance is to be renewed, an e decision whethex ar not to renew :~ Na licensee has a right to have the No license issued tinder this ordinance may be transferred without the approval of 11,z Cotu~cil. Any transfer of stock of a corporate licensee or equity of a LLC, LLP, ar other business entity licensee, is deemed to be a transfer of the license, and sucYz transfer without prior Council approval is a voluntary license termination. An application to transfer a license shall be treated the same as an application for a new license, and atl of the provisions of this code applying t~~ applications for a license shall apply. Section 15. INVESTIGATION (A) Preliminary background and financial investigation. On an initial application for <~ license, or an application far transfer of a license and, in the sound discretion of the Council than it is in the public interest to do sa, an an application for renewal of a license, the City shat! conduct a preliminary background and financial investigation of the applicant or it may contract with the Commissioner of Public Safety for the investigation. The applicant shall pay with the application an investigation fee of X500.00 which shall be in addition tp any license fee. If the cost of the preliminary investigation is less than $500.00, the unused balance shall be returned to the applicant. The results of the preliminary investigation shall be sent to the Commissioner of Public Safety if the application is for an on-sale intoxicating liquor license or an on-sale wine license. (B) Comprehensive background crud fir+anctal investigation. If the results of a preliminan• investigation warrant, in the souad discretioa of the Council, a comprehensive background and financial investigation shall be conducted. The Council may either conduct the investigation itse l f b 6d 04/!3/2003 14:30 12186854948 or contract with the Commissioner of Public Safety for the investigation. The investigation tee for this comprehensive background and >•inancial investigation to be paid by the applicant steal! be 5500.00, loss say amount paid for the initial investigation if the investigation is to hr conducted within the state, and 510,000.00, less any amount paid for the initial investigation. if the investigation is required outside the state. The unused balance of the fee shall be returned to the applicant whether the application is approved or denied. The fee shall be paid in advance of any investigation and the amount actually expended on the investigation shall not b~ refundable is any event. The results of the comprehensive investigation shall be sent to cnz Commissioner of Public Safety if the application is for an on-sale intoxicating liquor license or an on-sale wine license. Section 16. HEARING AND ISSUANCE The Council shall investigate all facts set out in the application and not investigated in chi. preliminary or comprehensive background and financial investigations. Opportunity shall be gig-en to any person to be heard for or against the granting of the license. After the investigation an:j hearing, the Council shall in its sound discretion grant or deny the application. No license steall become effective until the proof of fuiancial security has been approved by the Commissioner ~~ Public Safety. Section 17. RESTRICTIONS ON ISSUANCE (A) Each license shall be issued only to the applicant for the premises described in the application. (B) Not mare than one license shall be directly or indirectly issued within the City to an~• one person. (C) No license shalt be granted or renewed for operation on any premises on which taxes. assessnvents, utility charges, service Charges or other financial claims of the City are delinquent and unpaid. (D) No license shall be issued for any place or any business ineligible for a license unaer State law. (E) No license shall be issued to any person who is not a resident of the State. If the applicant is a corporation or other business entity, all of the shareholders or equity owners steal l be residents of the State. (F) No new license shall be granted far a premises where no license has previously been issued within SOU feet of any school or church. The distance is to be measured from the closes side of the school or church to the eiosest side of the structure on the premises within which liquor is to be sold. 7 6/ 04/ 03/2003 i 4: 30 12186854948 ~' "' Section 18, CONDITIONS OF LICfiNSE The failure of a licensee to meet any one of the conditions of the license specified bei~~•*. shall result in a suspension of the license until the condition is met. (A) Within 90 days after employment, every person selling ar serving liquor in a~, establishment which has an "on-sale" and/or'bff-sale" license shall receive training regarding the selling or serving of liquor to customers. The training shall be provided by an organization approved by the Council. Proof of training shall be provided by the licensee. (8) Every licensee is respon ;place of business and u,e conditions of sobriety and order in i ~ on the licensed premise ,- deemed the act of the licensee as wet ~ able to all penalties provecte:~ by this ordinance and other applicable ~ s ~yee. (C} Every licensee shall allow ~~~ ~ facer, city employee ar ether person designated by the Counei2 to c id to otherwise enter, inspect and search the premises of the licenser ueuuig vusmess Hours anei after business hours during the time when customers remain on the pzetnises without a warrant. (D} No on-sale establishment shall display liquor for off sale to the public during hours when the sale of liquor is prohibited. {E) Compliance with financial responsibility requirements of State law and ot~ rt,~-. ordinance is a continuing condition of eay license. Section 19. HOURS AND DAYS OF SALE {A) The hours of operation and days of sale shall be those set by Minn.Stat. ~340A.Si>~. as it may be amended from time to time. (B) No person shall consume nor shall any on-sale licensee permit any consumption of intoxicating liquor ar 3.2 percent malt liquor in an on-sale licensed premises more than ~ t minutes aRer the time when a sale can legally occur. {C} No on-sale licensee shall permit any glass, bottle or other container containrr,~ intoxicating liquor or 3.2 percent malt liquor to remain upon any table, bar, stoat or other p;pce where customers are served, more than 30 minutes after the time when a sale can legally occt:r (D) No person, other than the licensee and any employed, shall remain vn the on-saie licensed premises more than 30 minutes after the time when a sale can legally occur. (E) Any violation of any condition of this section may be grounds for revocation ~r suspension of the license. 6z 04/03/2003 14:30 12186854948 Section 20. MINORS ON PREMISES (A) No person under the agt of 1 B years shall be employed in any rooms constituting thf place in which intoxicating liquors or 3.2 percent malt liquor are sold at retail an sale, except that persons under the age of 18 may be employed as musicians or to perform the duties of a buy person or dishwashing services in places defined as a restaurant, hotel, motel or otter multipurpose building serving food in rooms in whiclt intoxicating liquors or 3.2 percent ma:' liquor arc sold at retail on sale. Section 21. RESTRICTIONS ON PURCHASE AND CONSUMPTION No person shall mix or prepare liquor for consumption in any public place of business unless it has a license to sell on-sale, or a permit from the Commissioner of Public Safety under the provisions of Minn.Stat. §3401.414, as it cnay be amended from time to time, which has been approved by the Council, and zto person shall consume liquor in any such place. Section 22. SUSPENSION AND REVOCATION {A) The Council •shalI either suspend for a period not to exceed 64 days or revoke an` liquor license upon finding that the licensee has failed to comply with any applicable statute. regulation or provision of this ordinance relating to liquor, as provided in (B). Except in c.'tses of lapse of proof of financial responsibility, no suspension or revocation shall take effect unt;i the licensee has been afforded an opportunity for a hearing pursuant to the Administrative Procedures Act, Minn.Stat. § 14.57 to 14.70, as it may be amended from time to time: The Council may act as the hearing body under that act, or it may contract with the Office of Hear,n~ Examiners for a hearing officer. {H) The following are the minimum periods of suspension or revocation which shall h~. imposed by the Council for violations of the provisions o:F this chapter of Minn.Stat. §340A, ~~< it may be amended from time to time or any rules promulgated under that Chapter as they ma} be amended from time to time. Revocations shall occtu within 60 days following a violation for which We revocation is imposed. For commission of a felony related to the licensed activity, sale of alcoholic beverages while the license is under suspension, sale of intoxicating liquor where the o~aly license is for 3.2 percent malt liquor, or violation of § i 12.04, the license shall be revoked. T'he license shall be suspended by the Council after a finding under (A) that the licensee i,a. failed to comply with any applicable statute, rule, or provision of this chapter for at least the minimum periods as follows: For the first violation within aay three year period, at least one day suspension in addit;or; to any criminal or civil penalties which may be imposed. 9 63 a, gel c,.~~ ~~c~,~ t4. ~t~ 1L1 GbG54y4ti For a second violation within any three year period, at least three consecutive d:~ v suspension in addition to any criminal or civil penalties which may be imposed. For a third violation within any three year period, at least seven consecutive days suspension in addition to any criminal or civil penalties which may be imposed. For a fourth violation within any three year period, the license shall be revoked. The Council shall select the day or days during which the license will be suspended. (C) Lapse of requixed proof of financial responsibility shall effect an immediatz suspension of any license issued pursuant to this ordinance or State law without further acuor~ of the Council. Notice of cancellation or lapse of a current liquor liability policy shat! a;.s, constitute notice to the licensee of the impending suspension of the license. The holder ~~ :: license who has received notice of lapse of required insurance or of suspension or revocation r r a license xnay request a hearing thereon and, if a request is made in writing to the Cter: Adrnir-istrator-Treasurer, a hearing before the Council shall be granted within ten days. An~• suspension under this paragraph shall continue until the Cotmcil deternai~nes that the Financ:,.: responsibility requirements of State law and this ordinance have again been met. {D) The provisions of Section 29 pertaining to admiaist~~-``--- '~ :d t~ addition to or in lieu of any suspension or revocation under ih Sections 23 to 28 are reserved for future use. ~~~ Penalties Section 29. PENALTIES (A) Any person violating the provisions of this chapter or Minn.Stat. §340A, as it ma} be amended from time to time or any rules promulgated under that chapter is guilty of ~: misdemeanor and upam conviction shall be punished as provided by law. Each violation steal! constitute a separate offense. (B) The Council shall impose a civil penalty of up to 52,000.00 far each violation Minn.Stat. §340A and of this ordinance as provided by the minimum schedule of presumpti.~e civil penalties. These civil penalties shall be in addition to any criminal penalties imposed under (A) or aay suspension or revocation imposed under Section 22. Conviction of a violation in :: court of law is not required in order for the Council to impose the civil penalty. A hearing under the Administrative Procedures Act, Minn.Stat. §§14.57 to 14.70, as it may be amended from time to time, is not required before the penalty is imposed, but the Council shall hold a hearing on the proposed violation and the proposed penalty and hear any person who wishes to speak. Non- payment of the penalty is gfounds for suspension or revocation of the license. The following is the minimum schedule of presumptive civil penalties in addition to any suspensions which must 10 6~ 04/03/2003 14:30 12186854948 ~~''' be imposed unless the license is revoked: For the first violation within any three year period, $500.00. For the second violation within any three year period, $1,000.00. For the third and subsequent violations within any three year period, $2,000.00 for.eaci~ violation. (C) The term "violation" is used in this section and in Section 22 includes any and ail violations of the provisions of this chapter, of Minn.Stat. §340A, as it may be amended from time to time or any rules promulgated under that chapter as they may be amended from time to timr The number of violations shall be determined on the basis of the history of violations fir chr preceding three year period. E,,ffective date and summary publication Section 30. EFFECTIVE DATE This ordinance becomes effective June 1, 2002 or the Iater of the date of its publication, or upo~~ the publication of a summary of the ordinance as provided by Minn.Stat. §412.191, subd.4. ~~ it may be amended from time to time, which meets the requirements of Minn.Stat. §33 i A.t)1. subd. 10, as it may be amended from time to time. Section 31. SEVERABILITY If any provision of this ordinance is deemed unconstitutional or unenforceable, it shall. n~i invalidate the remaining constitutional and enforceable provisions of this ordinance. Section 32. REPEAL This ordinance repeals all ordinances or sections of ordinances incoztsistent herewith including ordinances numbered: 1, 1S, Z0, 21, S9, 72, 77, 108, 147, 160, 161, 162, 164, 170, 176, and ] 7'' Section 33. SUMMARY APPROVED The Council hereby determines that the text of the summary of this ordinance marked "Official Sumutary of Ordinance No. 189" and a copy of which is attached to this ordinance, clearly informs the public of the intent and effect of this ordinance. The Council further deternnes that publication of the title and this stunmary will clearly inform the public of the intent and effect of this ordinance. The Clerk-Administrator-Treasurer shall file a copy of this ordinance and the summary in the Clerk's office which shall be available for inspection by any person during regular office hours. A copy of the ordinance shall be available in the community library and in any other public location which the council designates. 11 6s b4/03/2003 14:30 12186854948 Passed by the Council this 6th day of May, 2002. ~~/~ _ /~ IsJ Edward D. Williams Mayor A • /sl Jc Halsen Cler -Administrator-Treasurer 12 66 .. ~~. :.. ~ ~iJ Cr ., 14: J(~ 1L1~Sb~'J 4'j4~' RESOLUTION - RESOLUTION PROMOTING THE TRAINING AND EDUCATION FOR THE SALE OF TOBACCO, TOBACCO PRODUCTS AND/OR ALCOHOLIC BEVER~~=E4 WHEREAS, the Grant County Child Youth Council including Grant County Public Heflltr: ~~'~°~ Central Area, Ashby, and Herman-Norcross Schools, Social Services, West Cenval Community /~~non. Court Services, aad Parent and Community Representatives, as well as local law enforcement agencies have been instrumental in promoting the training and education for owners and personnel who are employed in establishments that sell tobacco, tobacco products and/or alcoholic beverages, and. WHEREAS, the focus of the veining and education is to prohibit the sale, use, and posses ~r~~r tobacco, tobacco products and alcoholic beverages to all persons under legal age, and; WHEREAS, the Elbow Lake City Liquor Ordinance, effective June 1, 2002, requires ali I~, erase,: establishments to provide training for persotuiel selling alcoholic beverages; and WHEREAS, it is desirous by the aforesaid agencies promoting the training and education : ~?r persons selling alcoholic beverages, that the Elbow Lake City Council require training as a condin~~n ~r; granting a temporary license or permit for the sale of alcoholic beverages; NOW, TI~EREFORE, BE IT RESOLVED that the Elbow Lake City Council go an rec~:ra ~~~, support of the Child Youth Council, and local law enforcement agencies in their effort to train an~j ~d~~~~,::: owners and personnel who work in establishments that sell tobacco, tobacco products and/or a~c~~h.~~ ~c beverages; and fiuther be it resolved that the Elbow Lake City Council require training a_s a c~m~i ~ t, ~ ~ ~ ~. ~ ~ ; granting a temporary license or pemut for the sale of alcoholic beverages. WHEREUPON SAID RESOLUTION WAS DECLARED AND DULY PASSED AND ADOPTED ON THIS 3~ DAY OF JUNE, 2002. ~/ s'!/ ' Ed Williams, Mayor ATT 3eff lsen, City Clerk, Administrator, Treasurer 6~ ~14/f~3/2003 14:3© 121x6854948 RESOLUTION RESOLUTION PIItOMOT]TIG THE TRAINING AND EDUCATION FOR THE SALE OF TOBACCO, TOBACCO PRODUCTS AND/OR ALCOHOLIC BEVER4~;E~ WHEREAS, the Crrant County Child Youth Council including Grant County Public Healtr: `~~'•°~ Central Area, Ashby, and Herman-Norcross Schools, Social Services, West Central Community Acuo~. Court Services, and Parent and Community Representatives, as well as local law enforcement agencies have been instrumental in promoting the training and education for owners and personnel who are employed is establishments that sell tobacco, tobacco products and/or alcoholic beverages, and. WHEREAS, the focus of the training and education is to prohibit the sale, use, and posses ~u~r! ;~ tobacco, tobacco products and alcoholic beverages to all persons under legal age, and; WHEREAS, the Elbow Lake City Liquor Ordinance, effecrive June 1, 2002, requires ail li..ense:. establishments to provide training for personnel selling alcoholic beverages; and WHEREAS, it is desirous by the aforesaid agencies promoting the training and education .cr persons selling alcoholic beverages, that the Elbow Lake City Council require training as a condit~<>n it granting a temporary license or permit for the sale of alcoholic beverages: NOW, THEREFORE, HE l[T RESC ~ ~ity Council go on recurs in support of the Child Youth Council, and loca ~ ,their effort to train and ~duc ;: owners and personnel who work in establishr i}'1 ~~ :o products and/or a-cc~r:,~i ~: beverages; and fiuther be it resolved that the ~ .. wire training a_5 a co n ci ~ r :. ~ ~ ~ ; ; ~~ granting a temporary license or permit for the ~ ~ ~~ c WHEREUPON SAID RESOLUTION WA., ..._~ ~ ~ Y PASSED AND ADOPTED ON THIS 3a" DAY OF JUNE, 2002 i~l/ 1 __ ~~ ~ Ed Williams, Mayor ATT 3eff lsen, City Clerk, Administrator, Treasurer ~8' 84/03/2003 14:30 12186854948 ESSOLIITION RESOLUTION PBRliITTING THE POSSESSION AND CONSDKPTION OF ALCOHOLIC BEVERAGES IN CITY PARRS AT ORGANIZED SOFTBALL OR O'mHBbt ORGANIZBD ATHLETIC EVENTS ~TSEa8A3, ttSe City of Blbow Lakes's Liquoz and Park ordinances prohibit the consumption of alcoholic beverages in its public parks, except for areas designated for picnic or camping; and; i~iHERBAS, consumption of alcoholic beverages in other areas requires the permission of the City Council, and; ~iH88EAS, the City Council wishes to a11aw for the Consumption of alcoholic beverages by persons of legal age at organized softball or other organized athletic events in its public parks, and; I~iHERBAS, the Gity Council requires these athletic events be closely monitored by its police department, sa as to prohibit the possession or consumption by persons under legal ages P10'hT, 7'SSRBF08E, BE Z7' RESOLVED that the Elbow Lake City Council permit the consumption of alcoholic beverages, by persons of legal age, 'at organized softball or other organized athletic events, and; FQBTHSR H8 IT 88SOLYED that the Elbow Lake City Council require the aforesaid events be closely monitored by its police department, so as to prohibit the possession or consumption of alcoholic beverages by persons under Legal age. WHERBVPON SAID RESOLUTION NAS bECLARSD AND DULY PASSED AND ADOPTED ON THIS 3RD DAY OF JiINE, 2002. ~~ Ed Williams, Mayor Atte Je Olsen, City Clerk, Administrator, Treasurer 69 SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. TO: Tom Hedges, City Administrator Chief Kent Therkelson, Eagan Police Department FROM: Sharon K. Hills, City Attorney DATE: June 5, 2003 RE: Proposed Temporary Alcohol License Policies Our File No. 206-21305 In accordance with the City Council's directive, our office reviewed the draft temporary alcohol license procedures prepared by Eagan Police Department staff. The City Attorneys' office has the following suggested revisions, comments, and recommendations: Ordinance Required for Enforcement of Procedures. The primary recommendation is that any policies or procedures governing temporary alcohol licenses be enacted as a City ordinance and codified into the City Code. The City is without any authority to enforce any policy or procedure that is not enacted as a City ordinance. Therefore, our office recommends that if the City Council determines that a set of procedures or rules for temporary alcohol license holders is needed, then those rules should be incorporated into a City ordinance for the City Council's review, approval and enactment. 2. Suggested Revisions and Comments on Proposed Procedures. First, the draft procedures prepared by Police staff references "temporary malt liquor license" and "temporary on-sale license". It is not clear by the terms used as to what temporary licenses these proposed procedures and rules would apply. In other words, specifically, the term "on-sale" is defined by the City Code as "the sale of alcoholic beverages for consumption on the licensed premises only". "Alcoholic Beverages: consists of liquor (any alcohol in excess of 3.2% of alcohol by weight), beer (not greater than 3.2% of alcohol by weight), malt liquor (not greater than 3.2% of alcohol by weight) and wine. Under the City Code, a temporary license may be obtained for the sale of only beer (or malt liquor) and liquor. Eagan City Code Sections 5.32 and 5.57. Moreover, a temporary beer or liquor license may be issued only to a club or charitable, religious or non-profit organization as defined by City Code and the 7d Minnesota Liquor Act (Minn. Stat., Ch. 340A). Further, a temporary liquor license which must be first approved by the Minnesota Commissioner of Public Safety. It is noted that the current City Code provisions do not provide for special outdoor events sponsored by a business establishment that wishes to have an outdoor event or festival on its licensed premises under its on-sale license. Secondly, it is recommended that any procedure or rule that is enacted into a City ordinance use mandatory, not concessionary (i.e. agree), language. Next, a requirement is proposed that states no person under the age of 21 be allowed to enter or serve alcoholic beverages under the temporary license. This requirement is contrary to the City's current alcohol licensing regulations and the Minnesota Liquor Act (Minn. Stat. §340A.503, subd. 1). Specifically, §340A.503 prohibits the City from enacting an ordinance which prohibits a person 18, 19 or 20 years old from entering a licensed establishment to "perform work for the establishment, including the serving of alcoholic beverages..." Section 5.12 of the City Code follows the language of the Minnesota Liquor Act. The City could require that no persons under 18 years of age be permitted to serve or enter the licensed designated area. Further, the proposed procedures require that servers and security complete "some type of approved server training." It is recommended that the regulation specifically state what type or criterium for server training that is required. Additionally, the proposed procedures require "adequate paid or voluntary security." The term "adequate" should be defined or made more certain. It is suggested that if this requirement is to be made a part of the regulations, the City adopt the language as used in Orono that uses a ratio of staff to attendees (e.g. one security staff to 100 anticipated attendees). Orono also provides that a specific number of security officers be posted at the main entrance to check identification and that a specific number of security officers be posted at all other access/exit points. For Council's consideration, Orono also requires that the licensee have two state licensed police officers on site at the sole expense of the licensee. 3. Additional Recommended Requirements. In reviewing proposed or adopted regulations from other cities, the following requirements may be added to the city's regulations if the City Council directs that these rules and regulations be incorporated into a City ordinance: ^ Hours of sale of the alcoholic beverages ^ Time all attendees must be removed from the licensed area ^ All persons must be identified with valid photograph identification before admission into the licensed area and all persons age 21 years or older be issued a wristband ^ All persons who consume, purchase or possess an alcoholic beverage under the license must have a wristband and no alcoholic beverage shall ~r be sold or otherwise provided to an individual who does not have a wristband The licensee shall designate an on-site manager who shall be within the licensed designated areas at all times during the hours of sale The licensee shall be required to post financial security, as currently required under the City's temporary liquor license The number of permitted (or required) entrances and exits from the designated area be prescribed If you have any additional questions or comments regarding this matter, please do not hesitate to contact me. cc: Dianne Lord, Assistant to the City Administrator ~~ MEMORANDUM EAGAN POLICE DEPARTMENT 3830 Pilot Knob Road Eagan, MN 55122 651-675-5700 651-675-5707 FAX DATE: June 5, 2003 TO: Tom Hedges, City Administrator FROM: Kent Therkelsen, Chief of Police SUBJECT: Proposed Changes to Temporary Liquor License Requirements As requested, I am writing to provide you with my opinion regarding the proposed changes to the City of Eagan temporary beer, wine, and on-sale liquor licensing regulations. I have reviewed the materials submitted by CAPE as well as our existing city code. I am aware that City Attorney Michael Dougherty will be providing legal analysis of the proposed changed. The Police Department is committed to working with the community to reduce youth access to alcoholic beverages. On-sale, off-sale, and beer and wine license holders have demonstrated a steady improvement in their performance related to sales to minors over the past five years. I believe that regularly conducted compliance checks and strengthened penalties for violations have helped to establish a culture of voluntary compliance by our licensed establishments. The Police Department would endorse any legally enforceable regulations that help to more effectively control youth access to beer, wine and liquor at special events. Enforcement of any new regulations by the police department v.-il1 be accomplished as resources and competing priorities allow. Issues Noted If the City Council enacts the CAPE recommended policy, several policy questions would need to be addressed: Enforceability. Would the policy changes be included in the city code or merely be recommendations? The cities of Orono and Brooklyn Park have adopted aspects of the CAPE proposed policies, but have not incorporated them into their city codes. Both cities require applicants to agree to the conditions prior to issuance of a license, but appear to have no authority to prosecute violations or invoke administrative penalties. Orono has authorized their police officers to "revoke any permit at any time for multiple violations". Inspections and enforcement. Who will be responsible for compliance with the new provisions? While compliance with some conditions, such as designated service areas, signing, and cup size could be verified with on-site visits, ,other issues such as server training, and security arrangements may need to be certified in advance. ~I3 Page 2 Proposed changes to temporary malt liquor license requirements Server age requirements. Under existing state statutes, persons over 18 are authorized to serve beer, wine and liquor in licensed establishments. Would requiring servers to be 21 and over for temporary licenses create confusion amongst license holders? (It is noted in the CAPE materials that age references are stated as "over 21 years of age". To be consistent with City Code and State Law, the reference should be " 21 and older"). • Security Plans. It is recommended that applicants for temporary beer, wine and on-sale liquor service licenses be required to submit with their application, a site plan which includes their plans for on-site security staff or contractual police services staff. Police staff should review and comment on the plan as part of the approval process. Although many events will have minimal security concerns, events with foreseeable security or police needs due to size or the nature of the event should be expected to provide reasonable levels of police or security staffing at their expense. I believe that many of the proposed policies would help reduce youth access to beer, wine and liquor at special events. The designated service area, wristband policy and distinctive container requirements would be particularly useful during the hours of the event. Whatever regulations the City Council desires to include in temporary event licensing will be most effective if incorporated into the City Code. C% Captain Rick Swanson Captain Jim McDonald City Attorney Michael Dougherty Dianne Lord, Assistant to the City Administrator ~~ ~~cx~~ W 3430 Wescott Woodlands Eagan, MN 55123 (651) 456-91 I 0 Serving women and children who are homeless June 5, 2003 Tom Hedges City Administrator City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122-1897 Dear Tom: Thank you for inviting us to present our requests at the listening session of the Council's meeting on May 6`s. We are enthusiastic about our upcoming event, ComBATTING Homelessness a co-rec softball tournament at Northview Fields on June 28, 2003. It is because services for children, families and vulnerable adults aze in a time of uncertainty and the scale of budget concerns is staggering that we have decided to take an even lazgergro-active approach to fundraising. We are working hard to get our organization out to the public, both in Eagan and Dakota County. We continue to perform our normal fundraising efforts, and we have decided to implement new special events to raise money for our work. ComBATTING Homelessness is such an event. This will be a fun way for people to learn about homelessness, our work and dust off their cleats for such a fun Saturday event. We are inviting many businesses, churches and community teams throughout Dakota County. We have several teams signed up for this event. We aze also providing concessions. In preparation for the tournament, we reserved the fields at Northview fields and paid the deposit for the fields, a fee of $150. Because this is a fundraising benefit tournament, we would like to keep our costs as low as possible. All of our proceeds will go to benefit the homeless women and children of Dakota Woodlands. I understand that there is a working session for the city council on June l0ei. We are writing to request to waive the fees for the softball fields and buildings the day of the tournament. It is our understanding that the fields aze $40/field, plus a $60/building and that we would only be responsible to pay for the fields that we actually used for the day. In the event that we use all of the fields that we have reserved at Northview, the total cost would be $440. (,$40/field x 8 fields=,8320 + ,560/building x 2= $120.) This price may change, however, depending on how many fields are needed. We are requesting the entire $440. Though we would be grateful for whatever you aze able to do. We appreciate your time and consideration. As mentioned at the listening session, we would love to have the city staff, council and mayor (and your families) form a team and come out for a fun community-building activity. Please feel free to contact me at (651) 456-9110 if you have any questions. e Branchaud-Linsk xecutive Director /~ Board of Directors Executive Direttor President Vice President Secretary Treasurer Pat Callahan John Edgerton Candyce Wisner Reyne Ed Usset Kak Jarvis Kathy Woodward Peter Rainey Brenda Connors Betsy Moran Branchaud-Linsk XJ~~f~-.tl~{~(.G 3430 Wescott Woodlands Eagan, MN 55123 (651) 456-9 I I 0 Serving women and children who are homeless April 17, 2003 Dear Tom. APR x s 2003 As the weather is warning up and the ball fields are being prepared for summer, Dakota Woodlands is gearing up to participate in America's favorite past time! On June 28, 2003, Dakota Woodlands will be hosting its first annual ComBATTING Homelessness Co-ed Softball tournament. Dust off your cleats and get out your gloves, this is going to be one event that you won't want to miss! This spring marks the 20t1i year of service at Dakota Woodlands. As the only emergency/ transitional housing facility for homeless women and children in both Eagan and all of Dakota County, our organization has experienced many changes and challenges to meet the needs of families who aze homeless. While twenty years of serving homeless women and children doesn't seem cause for celebration, it is a milestone to share our story of high quality work, troubled lives, great partnerships and amazing success stories. We want to spread the word that we are here and raise money for our work. We need to Combat Homelessness. We would like to challenge the City of Eagan employees, Council Members and even Mavor Pat Geagan to form a softball team and participate in the tournament. The day will be anaction-packed opportunity for team building within your organization while helping a charitable cause. Family and friends are welcome to participate in this event, as it will be a day to enhance unity and spirit within the city. The deadline for tournament registration is coming soon! Encourage your employees to team-up and get ready to score a home run for your community! Please contact me for more information at 651.456.9110 or dal:c~ta~~ c~~~dland~ ~r ~~~', e~t.net. ou, ~, Jennifer ebner Fundraising Assistant ~~ Board of Direttors Executive Director President Vice President Secretary Treasurer Pat Callahan John Edgerton Candyce Waner Reyne Ed 'Jsset Kak Jarvis Kathy Woodward Peter Rainey Brenda Connors Betsy Moran BranChaJd-Linsk f~al~.a 1iU0~QU~At'lf,~~. 3430 Wescott Woodlands Eagan, Minnesota • 55123 651.456.9110 www. dakotawoodlands. org Dakota i~oodlands is the only facility for homeless women and children in Dakota County. Annually, we shelter I IO families and 21 families at one time. Our mission is to provide an encouraging housing environment for single women and women with children in transition, where they gain the strength, self worth, and skills needed to live independently. TINC ielessness Coed Slrnv-pitch Softball Tournament softball benefit tournament We are now accepting registrations fora 32 team Coed Slowpitch Softball Tournament. iKinimum registration fee is $240. ($20 ~ 12 players per team) 'Because this is a fundraising tournament, we would encourage players to seek matching contributions from their employer. Who: Community co-ed teams, all levels of competition 32 Teams • Two Brackets • Non-Competitive • Competitive What: Co-ed Slowpitch softball tournament Where: Northview Fields in Eagan When: June 28, 2003; Sam-6:30pm Fee: $240/team; all proceeds go to Dakota Woodlands Guarantee: Three games, pool playAM, competitive tournament PM ' Contact: Jennifer Groebner; 651.456.9110 or dakotawoodlands~gwest.net Get your team together now! We expect these spots to fill up fast. PIease feel free to pass this flyer around to others and encourage them to spread the word. Deadline for registration: June 1, 2003. ~~ NG fomelessness Coed Slow-pitch Softball Tournament JUNE 28, 2003 NORTHVIEW FIELDS IN EAGAN A Fundraising Benefit for Dakota Woodlands become an event sponsor We are looking for event sponsors for the 1st annual ComBATTING Homelessness Coed Softball Tournament in Eagan. All proceeds will go directly to Dakota Woodlands, serving homeless women and children. $1,000 Sponsors $500 Sponsors Named Named • on any media coverage we may receive • on all press releases • on all radio promotions websites • on all printed materials if payment • on all press releases received by June 1 • on all printed materials if payment Option to supply us with a banner to be received by June 1 displayed the day of the tournament Option to supply us with a banner to be displayed the day of the tournament Food Sponsors Silent Auction Sponsors (for concession stand: hot dogs, pop, juice, water, buns, (items to be uscd for a silent auction on the day of the chips, ketchup, candy bars, etc.) event: airline rickets, electronics, merchandise, etc.) Named Named • on signage at the event • on all signage at the event • on all printed materials if confirmed in • on all printed materials if confirmed in writing by June 1 writing by June 1 Option to supply us with a banner to Option to supply us with a banner to be displayed the day of the tournament be displayed the day of the tournament Company Contact Ciry Wk Phone State Contact Person's email Fax Zip Sponsorship Level Q X1,000 ~ $500 Q $ ~ Food/SIlentAuction Items` `If food or silent auction, what items: We will contact you upon receipt of this form. IE you have any questions or would like more information about Dakota Woodlands, please contact Jennifer Groebncr at 651-4569110. Please enclose a check payable to Dakota WoodLwds. 9~ ~ JUNE 28, 2003 f omelessness NORTHVIEW FIELDS IN EAGAN Coed Slow-pitch A Fundraising Benefit for Dakota Woodlands SoFtball Tournament team registration form tournament specifics Each team is encouraged to have a business sponsor. If you don't have one, please contact us. Entry Fee/Donation - $240 per team ($20/12 players) There will be two tournaments: • competitive • non- competitive All teams are guaranteed 3 games. Pool play will be in the morning, winners of pools advance to single-elimination tournament in afternoon. Team Name Contact Address State Zip Phone Wk Phone: Fax Contact Person's email Level: ^ Competitive ^Non-Competitive Name of Sponsor Player Name Address Phone ~9 Pllira McGarvey From: David Ragsdale [ragsd001 @umn.eduJ Sent: Wednesday, May 14, 2003 2:47 PM To: citycouncil@ci.eagan.mn.us Subject: Massage Therapy fees Q~ City codes and fees.xls (18 KB... Mayor Gegan and Council Members: Margie and I greatly appreciate the councils speedy action on the number of massage therapy establishments allowed in the City of Eagan. We look forward to opening soon and developing a thriving business in Eagan. The franchisor, Keep in Touch, has done some research into the fees being charged to establish a massage therapist business in Eagan and surrounding communities. I've attached an Excel file to this message that summarizes those findings. Hopefully these are accurate and you find them useful as you consider revising the fees associated with starting such a business. I believe Eagan city staff are compiling their own list but I thought you might find this informative as you consider revising the fees associated with massage therapy. I fully concur that costs of investigation of ourselves as business owners should be fully covered by fees. However, it appears that fees were set intentionally high as part of a policy to limit the number of these establishments some years ago when massage therapy had a different connotation. We do recognize that if a business established in the city that was not operating ethically, that our business may too suffer the consequences, so I am in favor of keeping some regulation. Our concern is that the fees as they stand now are high and even more important the young people we are hiring as therapists makes it difficult for them if Eagan is charging a fee of $200, higher than any other city in the vicinity. We feel the current fee structure of $300 to license our business, $300 to do a background check on us plus $200 for every therapist we hire (we plan on hiring 15 initially) with an annual renewal of $50 puts our business at a distinct disadvantage. We hope you will consider lowering the fees to cover the costs of investigation but that fees to start a business should be reasonable and not an impediment for locating in Eagan. Thank you for your consideration. We look forward meeting with you in the future as you deliberate these issues. If you have any questions both Margie and I are available at anytime to discuss this with you. Sincerely, David Ragsdale CFO, Keep in Touch of Eagan David and Margie Ragsdale, Keep in Touch of Eagan 1360 Interlachen Drive Eagan, MN 55123 Home: 651-456-0893 fax: 612-625-5299 ~ /] e-mail: ragsd001c~tc.umn.edu v UI ' ~ _ N N y ~ Q ~ N N U G W y ~ fn 3 O~ ~~ N Ol p L A C 30 _ ~ J LY ~ t D W ~ J JQ C'' ~ °~ W ~ pp L u 3 !!> j 3 - ~° C ~~ _O ~ C ~ ~' N (n ~ `y ~ to N ~ ~N N > 0 4~ t N UI l9 d ~ _¢ Z } O Z d 4~ ¢ L U ~° ~ c v~ L° v ~ 3- O ~. ~ d v Qa O 2 N } Z~ L L N O! l (t~~ p 0 °w W j N w ~ ~ ~ . ¢ Q m f LL ~ U Q T > N Z n Z W O o -' 0 0 ~ a z = z z w a N LL ~ J ~ H 0 W d ~ ~ C~ } Z Z Z n Z Z Z ~ ~ U c J Z ~ ¢ J O ~ ~ O Z U C7 o °' v ~ c ._ Z ~i w Ot 2 ~ ui o L W ' H C ~ ~ ¢ d ~ L € L O ~ C ~ J U N N C J Q' J J v l0 J ~ J Z K ~ f/J Z L O. ~ d ~ L ¢ Z _ O L Q Vl Z C T O N O L N O j O O O V tg O tg L L J v O t O U= c° Z c c° ~ ~ U ~ ~ W O p U ° L ~ a ~ W ~ N >. 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N ~ ~ O 3 ~ MASSAGE THERAPIST INVESTIGATION LICENSE CITIES 0 - 2,500 Excelsior na Spring Park 150 Sunfish Lake na Woodland na CITIES 10,000 Afton na Arden Hills 150 Centerville Contained in massage therapist license Circle Pines na Corcoran na Dayton na Deephaven na Falcon Heights 350 Farmington 200 Forest Lake SO/new license Ham Lake 200/conditional use escrow Hugo na Independence na Jordan na Lake Elmo na Little Canada na Mahtomedi na Mound na New Praoue of Newport na Norwood Young A na Oak Grove na Oak Park Heights na Orono na Osseo na Shorewood of St. Anthony 500 St. Francis na St. Michael na St. Paul Park na victoria na Waconia na Wayzata 50 CITIES 10,000 - 20,000 Andover included in fee Anoka 75 Champlin 75 Chanhassen na Chaska na Columbia Heights 250 Hastings 100 Hopkins 50 Lino Lakes na Mendota Heights na Mounds View 350/core 50lndvidual 101 North St. Paul of Northfield na Prior Lake 100 Ramsey na Robbinsdale 15 Rosemount 500/1st yr 250/renewal Savage 100 Shakopee 100 Stillwater na West St. Paul 50 CIl'IES OVER 20,000 Apple Valley na Blaine na Bloomington 215/estab Brooklyn Center 1,500 Brooklyn Park na Burnsville 100 Coon Rapids 35 Cottage Grove 103, 26/every year after Crystal of Eagan 200 Eden Prairie na Edina na Fridley of Golden Valley 100 Inver Grove Hgts. business 500/1 st time 175/indiv Maple Grove 75 Maplewood 116 . Minnetonka included with business fee New Brighton of New Hope na Oakdale 350/fee Plymouth 50 Richfield 575 Roseville of Shoreview of South St. Paul 10 St. Louis Park na St. Paul na White Bear Lake na 8~ MASSAGE THERAPIST LICENSE CITIES 0 - 2,500 Excelsior na Spring Park 100 Sunfish Lake na Woodland na CITIES 10,000 Afton na Arden Hills na Centerville 75 Circle Pines na Corcoran na Dayton na Deephaven na Falcon Heights 100 Farmington 50 Forest Lake 501yr new and renewal Ham Lake 75/conditional use permit Hugo na Independence na Jordan na Lake Elmo na Little Canada 75/must be located in hair salon Mahtomedi _ na Mound na New Prague of Newport na Norwood Young A na Oak Grove na Oak Park Heights na Orono na Osseo na Shorewood 150 St. Anthony 250 St. Francis na St. Michael of St. Paul Park 300 Victoria na Waconia na Wayzata 50 CITIES 10,000 - 20,000 Andover 150/annually Anoka 125 Champlin 150 Chanhassen na Chaska 100/registration fee Columbia Heights 100 Hastings 150 Hopkins 100 Lino Lakes na Mendota Heights na Mounds View 75/enterprise 35/individual North St. Paul 200/initial invest 150/annual per person 102 Northfield na Prior Lake 250 Ramsey na Robbinsdaie 25/indiv 100/bus 500lnew 250/renew Rosemount 2.500/business 300/personal Savage 100/initial 50/annual renew Shakopee 110 Stillwater na West St. Paul 75 CITIES OVER 20,000 Apple Valley na Blaine na Bloomington 532.50/estab 22.75ttherapist Brooklyn Center 3,000/estab 50/indiv cert Brooklyn Park na Burnsville 100 Coon Rapids 35 Cottage Grove 50 Crystal 50 Eagan 50 Eden Prairie na Edina na Fridley of Golden Valley 50/yr Inver Grove Hgts. business 500/includes invest/therapist Maple Grove 75 Maplewood 192 Minnetonka 50/yr New Brighton 75 New Hope na Oakdale 100 + 25/practitioner Plymouth 25 Richfield 575 Roseville 75 Shoreview 50-100 therapy establishment South St. Paul 50 St. Louis Park na St. Paul 66 White Bear Lake na SS SAUNA-MASSAGE PARLOR INVESTIGATION LICENSE CITIES 0 •2,500 Excelsior na Spring Park 150 Sunfish Lake na Woodland na CITIES 10,000 Afton na Arden Hills 150 Centerville contained in sauna-Massage parlor license Circle Pines 1,500 Corcoran na Dayton na Deephaven na Falcon Heights na Farmington 300 Forest Lake 250/new license Ham Lake 10,000/sexually orientated business Hugo na Independence na Jordan na Lake Elmo - na Little Canada na Mahtomedi na Mound na New Prague of Newport na Norwood Young A na Oak Grove na Oak Park Heights na Orono na Osseo na Shorewood na St. Anthony na St. Francis na St. Michael na St. Paul Park na Victoria na Waconia na Wayzata 1,000 CITIES 10,000 - 20,000 Andover na Anoka 125 Champlin 100 Chanhassen na Columbia Heights 250 Hastings 100 Hopkins 500 Lino Lakes na Mendota Heights na Mounds View na North St. Paul of 117 Northfield na Prior Lake na Ramsey na Robbinsdale na Rosemount 500 Savage na Shakopee 150 Stillwater na West St. Paul 585 up to 10,000 out of state CITIES OVER 20,000 Apple Valley na Blaine na Bloomington na Brooklyn Center 1,500 Brooklyn Park na Burnsville na Coon Rapids 1,675 Cottage Grove 50 + 25/hr time in excess of two hours 500/max Crystal 100 Eagan 300 Eden Prairie na Edina 1,500 Fridley 100/ind 1,000 business Golden Valley 200 Inver Grove Hgts. 250 Maple Grove na Maplewood 116 Minnetonka 300/therapist 1,000/non therapist New Brighton 375 New Hope na Oakdale 350/fee Plymouth 500 Richfield 1,725 Roseville 150 Shoreview na South St. Paul 10 St. Louis Park na 5t. Paul na White Bear Lake na ~~ SAUNA-MASSAGE PARLOR LICENSE CITIES 0 - 2,500 Excelsior na Spring Park 1,000 Sunfish Lake na Woodland na CITIES 10,000 Afton na Arden Hills 3,000 per facility- 1,000 personal Centerville 250 Circle Pines 500 Corcoran na Dayton na Deephaven na Falcon Heights na Farmington 50/5,000 sauna business Forest Lake 300 location license 'rf new 50/renewal Ham Lake 10,000/sexually orientated business Hugo na Independence na Jordan na Lake Elmo na Little Canada 10,000 Mahtomedi na Mound na New Prague of Newport na Norwood Young A na Oak Grove na Oak Park Heights na Orono na Osseo na Shorewood na St. Anthony na St. Francis 100 St. Michael na St. Paul Park 300 Victoria na Waconia na Wayzata na CITIES 10,000 - 20,000 Andover na Anoka 500 Champlin 200 Chanhassen na Chaska 2,500 Columbia Heights 500/massage business Hastings 150 Hopkins 10,000 Lino Lakes na Mendota Heights na Mounds View na 118 North St. Paul of Northfield na Prior Lake na Ramsey na Robbinsdale 1,500 Rosemount 2,500 Savage 300linitial 100/annual renew Shakopee 150 Stillwater na West St. Paul 295 CITIES OVER 20,000 Apple Valley na Blaine na Bloomington na Brooklyn Center 3,000 Brooklyn Park na Burnsville na Coon Rapids 3,350 Cottage Grove 200 Crystal 100 Eagan 300 Eden Prairie na Edina 250 Fridley 3,000 Golden Valley 500/yr Inver Grove Hgts. 1,050/bus lic 400/pers sere Maple Grove 75 Maplewood 625/business 222/renewal 192/indiv Minnetonka 300/yr therapist bus 1,000/yr non therapist New Brighton 135/therapeutic massage New Hope na Oakdale 100 + 25/practitioner Plymouth 6,600/up to five employees 1,300/ea add'I employee Richfield 1,725 Roseville 300 Shoreview na South St. Paul 50 St. Louis Park 125/massage establishment St. Paul na White Bear Lake na 8~ SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. TO: Mike Ridley, Senior Planner FROM: Sharon K. Hills, City Attorney DATE: May 29, 2003 RE: Currency Exchange Business Ordinance Amendments Our File No. 206-2 1 1 60 In accordance with the City Council's directive, I have revised the proposed draft Currency Exchange Business Ordinance Amendment. Specifically, I added additional uses subject to the distance requirements from a currency exchange business, and added language defining how the distance is to be measured. Finally, I left the number of the feet blank for the Council's determination. As a side note and consideration by the Council, one of the uses included in the distance requirement is all "residential properties." This would include R-4 districts, which are multi- residential properties. As multi-residential districts are generally located in high density areas and close to neighborhood business and general business districts, the inclusion of R-4 districts may effectively ban any currency exchange operation and hence, be fatal to the ordinance as a whole. As you know, a city may not prescribe an absolute ban on a legitimate business use. If you have any other questions, comments or concerns, please do not hesitate to contact me. SKH/bdr ~"8' ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS (ZONING)" BY AMENDING SECTIONn '--~~AND 11.60, SUBD. -1-I{ 13(C) REGARDING CURRENCY EXCHANGE BUSINESSES AS CONDITIONAL USES; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Eleven is hereby amended by adding the following definition to Section 11.60: Currency Exchange Business means that as defined in Chapter 6 of this Code. °. Section 23. Eagan City Code Chapter Eleven is hereby amended by adding to Section 11.60, Subd. 13(C), the following conditional use: . Currency Exchange Operations, subiect to the regulations thereof as set forth in Chapter 6 of this Code. Section 4. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' is hereby adopted in its entirety by reference as though repeated verbatim. Section 5. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: By: Maria Karels Its: City Clerk CITY OF EAGAN City Council By: Patricia E. Awada Its: Mayor $~ ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SIX ENTITLED "OTHER BUSINESS REGULATION AND LICENSING" BY ADDING SECTION 6.52 REGARDING REGULATION OF CURRENCY EXCHANGE BUSINESSES; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER l AND SECTION 6.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Six is hereby amended by adding Section 6.52 to read as follows: Sec. 6.52. Currency Exchange Business. Subd. 1. Def ninon. "Currency Exchange Business" means andperson, entity or establishment, except a bank, trust company, savings bank, savings association. credit union, or industrial loan and thrift company, engaged in the business of cashing checks or drafts or providing money orders, certified checks, travelers checks or cunencv wire transfers for a fee. Currency exchange does not include a person, entity or establishment which provides said services incidental to a primary business if the charge for service does not exceed One Dollar ($1.00) or one percent (1 %) of the value of the check, draft, money order, travelers check, or wire transfer, whichever is rester. Subd. 2. State License Required. It is unlawful for an~person to operate or en~ge in a currency exchange business within the City without first obtaining and holdin a valid license therefor issued by the State of Minnesota through the Commissioner of Commerce as required in Minnesota Statutes, Chapter 53A and without first obtaining from the City a conditional use permit for the permitted zoning district. Subd. 3. Restrictions and Regulations. A currency exchange business which is licensed to operate within the City in accordance with Minnesota Statutes, Chapter 53A, shall comply with the following requirements: 1. The operation of the currency exchange business shall comply and be operated in accordance with all state laws and regulations relating to the operation of currency exchange businesses. 2. A currency exchange business shall be operated only in the zoning districts as set forth in this Code and in accordance with the zoning regulations of this Code. 3. No currency exchange business shall be located closer than 1000 feet to any existing currency exchange business, secondhand goods store or pawnshop, day care facility, on or off-sale liquor establishment, park or public facility or residential property. including R-4 (Residential Multiple DistrictZpro~erties. 90 The distance set forth herein shall be measured from any point of the exterior area of the structure in which the currency exchange business is located and the closest point on the property line of the other use. 4. A currency exchange business shall comply with all provisions of this Code and other applicable state laws. 5. No bars, chains, or other security devices on the structure in ~~~hich a Currency Exchange Business is located shall be visible from a public street or sidewalk. 6. A currency exchange business shall not enga eg in any services in which money or funds are Tended, borrowed or pledged to or by a customer. 7. The premises shall be open for inspection by the City and the City shall have the right to inspect the premises. 8. No Currency Exchange Business shall be open or operated during the hours of 8:00 p.m. and 6:59 a.m. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation" and Section 6.99 are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This Ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Maria Karels Its: City Clerk Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: By: Pat Geagan Its: Mayor 9/ § 5.52 EAGAN CODE Subd. I3. Every license shall be granted subject to the provisions of this chapter and all other applicable provisions of the City Code and other laws relating to the operation of'the licensed business. Subd. 14. It is lawful for an off-sale licensee to provide samples of wine, liqueurs, and cordials which the licensee currently has in stock and is offering for sale to the general public without obtaining an additional license, provided the wine, liqueur, and cordial samples aze dispensed at no charge and consumed on the licensed premises during the permitted hours of off-sale in a quantity less than 50 milliliters of wine per variety per customer and 25 milliliters of liqueur or cordial per variety per customer. Subd. 15. Coin-operated amusement devices may not be located on premises licensed for off-sale of liquor. (Code 1983, § 5.52, eff. I-1-83; Ord. No. 11, 2nd series, eff. 4-27-84; Ord. No. 31, 2nd series, eff. 5-6-86; Ord. No. 65, 2nd series, eff. 8-26-88; Ord. No. 103, 2nd series, eff. 7-27-90; Ord. No. 139, 2nd series, eff. 5-5-92; Ord. No. 162, 2nd series, eff. 4-20-93; Ord. No. 173, 2nd series, eff. 1-14-94; Ord. No. 174, 2nd series, eff. 1-14-94; Ord. No. 228, 2nd series, eff. 12-4-96; Ord. No. 233, 2nd series, eff. 6-3-97; Ord. No. 260, 2nd series, eff. 6-25-98; Ord. No. 313, 2nd series, § 2, eff. 7-19-01; Ord. No. 331, 2nd series, § 1, eff. 2-28-02) Sec. 5.53. Hours and days of liquor sales. Except as otherwise provided in section 5.54, no on-sale shall be made after 1:00 a.m. on Sunday, nor between the hours of 1:00 a.m. and 8:00 a.m. on Monday through Saturday. I`'o off-sale shall be made on Sunday nor before 8:00 a.m. or after 8:00 p.m. of any day, except Friday and Saturday, on which days off-sale may be made until 10:00 p.m. No off-sale shall be made on Thanksgiving Day, or Christmas Day, December 25, but on the evenings preceding such days, if the sale of liquor is not otherwise prohibited on such evenings, off-sales may be made until 10:00 p.m. No sale of liquor shall be made after 8:00 p.m. on December 24. (Code 1983, § 5.53, eff. 1-1-83; Ord. No. 89, 2nd series, eff. 10-13-89) Sec. 5.54. Sunday sales. The electorate of the city having heretofore authorized the same, a Sunday on-sale liquor license may be issued to hotels, motels, restaurants, or clubs, as defined in this chapter, which have on-sale licenses and which also have facilities for serving not less than 30 guests at one time. The hours of such sales shall be from 10:00 a.m. on Sunday to 1:00 a.m. on Monday in conjunction with the serving of food, provided that the licensed establishment is in conform- ance with the Minnesota Clean Indoor Air Act (Minn. Stat. § 144.411 et seq.). (Code 1983, § 5.54, eff. 1-1-83; Ord. No. 89, 2nd series, eff: 10-13-89) Sec. 5.55. Unlawful acts (liquor). It is unlawful for any: Subd. 1. Person to knowingly induce another to make an illegal sale or purchase of liquor. Supp. No. 9 CD5:18 ~a SEVERSON, SHELDON, DOUGHERI'Y & MOLENDA, P.A. TO: Tom Hedges, City Administrator FROM: Michael G. Dougherty, City Attorney DATE: May 12, 2003 RE: Economic Development Authority This memo is in response to your inquiry with respect to the composition of Eagan's Economic Development Authority ("EDA"). In March of 2000, the City Council established the EDA by adopting an Enabling Resolution. The Resolution created a Board of Commissioners consisting of five members who shall be members of the City Council. I have attached a copy of the Enabling Resolution as Exhibit "1" for your review. Also, in March of 2000, the EDA adopted organizational by-laws. The by-laws established officers to conduct the business for the EDA. The officers consist of the president, vice president, treasurer and secretary. I have attached a copy of the by-laws as Exhibit " 2," for your review. What follows is an attempt to put the EDA's organization into a context of how it relates to the City Council. 1. Is the EDA similar to other City appoi~rted commissio~is, such as the Economic De-~elopment Commission or Planning Commission? No, unlike the appointed commissions, the EDA is a public corporation and a separate legal entity. Under Minnesota Statutes, the EDA has the power to sue and to be sued for the conduct of its activities. Moreover, the powers to be exercised by the EDA are found in State statute, as adopted in the City's Enabling Resolution. The powers of the appointed commissions are advisory and are limited to the tasks granted to them by the City Council. 2. What power does the EDA have? The EDA has broad powers as provided for under Chapter 469 of the Minnesota Statutes and the City's Enabling Resolution. Under Section 2 of the Enabling Resolution, the EDA possesses all of the powers of a Housing and Redevelopment Authority, such powers include, but are not limited to, the following: 9s • To sue and be sued • To employ staff • To undertake projects within its area of operation • To do reconstruction; make improvements, alterations and repair • To sell, buy, own and lease property, by any means necessary, including the use of eminent domain • To issue bonds for any of its purposes • To own, hold, improve, lease, sell or dispose of real or personal property • To designate substandard, slum or deteriorating areas needing development • ?o make expenditures to carry out the purposes of HRA laws; • To develop and administer a program to assist the financing of the construction or purchase of low or moderate income housing Additionally, the EDA has powers relating to economic development. While the specific powers of the EDA in the field of economic development are similar to the powers contained in the HRA area, development districts are created for the purpose of improving the tax base and improving the general economy of the City. Finally, the EDA has specific powers granted to it pursuant to Minn. Stat. §469.090 to §469.108. These powers are also similar to those noted above, and include the use of eminent domain, the authorization of bonds, the pursuit of foreign trade zones, entering into contracts, etc. 3. l~i'hat limitation Wray the Cir}~ Council place on the EDA? State statute provides that, in its enabling resolution, a city may impose certain limits upon the actions by the EDA. Under Section 2.03 of the Enabling Resolution, certain limits have been placed on the authority of the EDA. As you will note in Exhibit "1" these limitations include: the City's required approval of the sale of any bond or other obligation of the EDA; the fact that the EDA must follow the City's budgeting process; and that the EDA may not hire permanent or temporary employees without the prior approval of the Council, etc. However, as you may note from the description of the EDA's powers, there are a host of other activities that are available to the EDA outside of the limited control of the City Council. 4. Can the City's Enabling Resolutio~r be modified? Yes, the Enabling Resolution may be modified by written resolution after notice is given and a public hearing is conducted as required for the original adoption of the enabling resolution. A modification requires that the City Council conduct a public hearing. A notice of the time and place of the hearing, a statement of the purpose of the hearing, and a summary of the resolution must be published in the City's newspaper once a week for two consecutive weeks. The first publication must appear not more than 30 days from the date of the public hearing. 9~ S. Who should serve on the Board of Commissioners governing the EDA? This is clearly a policy issue to be determined by the City Council. Presently as noted, the members of the Council serve as the commissioners. However, should the Council wish to divest themselves from the EDA's Board, a resolution modifying the Enabling Resolution would be required. Concerns about such a policy change are that the EDA, as a separate body, could conduct its affairs with minima] accountability for its actions. Beyond the general oversight or specific consent required by the City Council under State statute, the EDA could conceivably conduct business in an inconsistent manner with goals of the City Council. Additionally, the Enabling Resolution would need to identify an appointment process and length of terms to be served by the commissioners. Once appointed, a commissioner would be insulated from the electoral process, and may open the Council to criticism as to any insui~icient response to public opinion or community involvement. 6. Carr the City Council replace some of the existi~tg conrmissioriers with ~ror~-council members? Yes, subject to the modification of the Enabling Resolution, as noted above. The Council may be desirous of retaining control of the Board by appointing a majority of the Board from the Council and having at-large appointments for the remaining commissioners. 7. Can the City Council transfer the EDA 's functions to the Economic Development Commissio-z? No, the statutory framework for the creation of an EDA and the powers under the Enabling Resolution require that the EDA be a separate independent body. I hope that the information contained herein assists in the process of evaluating the roll of the ED.4. If there are specific questions that you would like answered, please give me a call and we will respond accordingly. MGD/jlt cc: Gene VanOverbeke, Director of Administrative Services 9s BYLAWS OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY ARTICLE I -THE AUTHORITY Section I . Name of Authority. The name of the Authority shall be the "Eagan Economic Development Authority". Section 2. cal. The Authority shall be in the form of a circle and shall bear the name of the Authority. The absence of a seal shall not affect the validity of any contract. Section 3. Office of Authority. The offices of the Authority shall be at City Hall in the City of Eagan, State of Minnesota, but the Authority may hold its meetings at such other place or places as it may designate by resolution. ARTICLE 1T -OFFICERS Section 1. ~cers. The officers of the Authority shall be a President, a Vice- President, a Treasurer and aSecretary-Assistant Treasurer. Section 2. a ide t. The President shall preside si a1] meetings of the Authority. Except as otherwise authorized by resolution of the Authority, the President shall sign all contracts, deeds and other instruments made by the Authority. At each meeting the President shall submit such recommendations and information as the President may consider proper concerning the business, affair and policies of the Authority. Section 3. Vice-President. The Vice-President shall perform the duties of the President in the absence or incapacity of the President; and in case of the resignation or death of the President, the Vice-President shall perform such duties as are imposed on the President until such time as the Authority shall select a new President. EXHIBIT 9~ ~ ~ ENABLING RESOLUTION' ESTABLISHING AN' ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF EAGAN BE IT RESOLVED By the City Council of the. City of Eagan, Minnesota, as follov~•s: Section 1. Establishment of Economic Development Authority. 1.01. There is hereby established an economic development authority for the City of Eagan pursuant to Minnesota Statutes, Sections 469.090 to 469.108 (the "Act") to be Iatow~ as the Eagan Econonuc Development Authority (the "EDA"). As provided by the Act, the EDA is a body corporate and politic and a political subdivision of the State of Minnesota. 1.02. The EDA shall be governed by a Board of Commissioners consisting of five members who shall be the members of the City Council. Section 2. Powers. 2.01. Except as otherwise provided herein, the EDA shall have the powers of economic development authorities contained in the Act and the powers of a housing and redevelopment authority under Minnesota Statutes, Sections 469.001 to 469.047 or other law and the powers of a city under Minnesota Statutcs, Scction 469.124 to 469.134. 2.02. Effective April I, 2000, the control, authority and operation of all projects, as defined in Miruiesota Statutes, Section 469.174, Subd. 8, and any other programs or projects authoriud by Minnesota Statutes, Section 469.001 to 469.047, liabilities shall be transferred to the EDA from the Housing and Redevelopment Authority in and for the City of Eagan (the "HRA"). On such date all assets and liabilities of the HRA shall be transferred from the HRA to the EDA. Upon the effective date of such transfer, any employees of the HRA shall become employees of the EDA in accordance with Miru~esota Statutes, Section 469.094, Subd. 3. 2.03. Pursuant to Minnesota Statutes, Section 469.092, the following limits are placed on the authority of the EDA: (a) The sale of bonds or other obligations of the EDA must be approved by the City Council. (b) The EDA must follow the budget process for City departments in accordance with City policies, ordinances, and resolutions, and state law. (c) Development and redevelopmcnt actions of the EDA must be in conformance with the City comprehensive plan and official controls implementing the comprehensive plan. (d) The EDA must submit its plans for development and redevelopment to the City Council for approval in accordance with City planning procedures and laws. EXHIBIT D 9