Ordinance 371CITY OF CHANHASSEN
• CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.371
AN ORDINANCE AMENDING CHAPTER 10
CHANHASSEN CITY CODE
LICENSES, PERMITS AND MISCELLANEOUS BUSINESS REGULATIONS
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA
ORDAINS:
Section 1. Section 10-19 (c) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Wine licenses. Wine licenses may be issued, with the approval of the commissioner of
public safety, only to restaurants having facilities for seating of at least twenty-five (25)
people at one time for the sale of wine not exceeding fourteen (14) percent alcohol by
volume and for consumption on the licensed premises only in conjunction with the sale of
food. The holder of a wine license who is also licensed to sell 3.2 percent malt liquor on -
sale and whose gross receipts are at least fifty (50) percent attributable to the sale of food,
may also sell intoxicating malt liquors at on -sale without an additional license.
• Section 2. Section 10-19 (f) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
On -sale Sunday liquor license. On -sale Sunday liquor licenses may be issued only to a
hotel or restaurant, with facilities for serving not less than fifty (50) guests at one time, to
which an on -sale intoxicating license has been issued. Such license may permit the sale
of liquor to be consumed on the premises between the hours of 10:00 a.m. Sunday and
1:00 a.m. on Monday in conjunction with the serving of food provided that the licensee is
in conformance with the Minnesota Clean Indoor Air Act, M.S. § 144.411 et seq., and
provided a public hearing is held prior to the issuance of the license. No Sunday license
is needed for on -sale wine licenses.
Section 3. Section 10-19 0) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Consumption and display permits. Consumption and display permits may be issued to a
bottle club which complies with the requirements of Minnesota Statutes, Section
340A.414 and which has obtained a permit from the commissioner of public safety.
Consumption and display permits shall not be issued in the city, except to establishments
that have been issued such license on or prior to the effective date of Ordinance No. 299.
Section 4. The first paragraph of Section 10-23 of the City Code, City of Chanhassen,
• Minnesota, is hereby amended to read as follows:
• Except as provided in Minnesota Statutes, Section 340A.409, subd. 4, all applicants for
any liquor license or consumption and display permit must, as a condition to the issuance
of the license, demonstrate proof of financial responsibility with regard to liability
imposed by Minnesota Statutes, Section 340A.801, subd. 1, to the city, by providing
proof of liability/dram shop, general liability, and workers' compensation insurance
coverage.
Section 5. Section 10-28 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
A public hearing for the issuance of a license for a new premises, or for a different
licensee at the same premises, shall be preceded by ten (10) days published notice. In
addition, the public hearing for the issuance of a license for a new premises shall also be
preceded by a ten (10) days mailed notice to all owners of property located within five
hundred (500) feet of the boundaries of the property on which the business that is the
subject of the application is located. A public hearing is not required for temporary
license applications, or for off -sale 3.2 percent malt liquor licenses.
Section 6. Section 10-39 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Revocation or suspension of a license by the city council shall be preceded by a public
hearing conducted in accordance with Minnesota Statutes Section 14.57 to 14.69. The
city council may appoint a hearing examiner or may conduct a hearing itself. The
hearing notice shall be given at least ten (10) days prior to the hearing, include notice of
the time and place of the hearing, and state the nature of the charges against the licensee.
Section 7. Section 10-47 (e) (1) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
Identification required. Any person shall, upon demand of the licensee, his employee, or
agent, produce and permit to be examined one of the forms of identification provided
under Minnesota Statutes Section 340A.503, subdivision 6.
Section 8. Section 10-49 (c) of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Gambling. Except for lawful gambling conducted in accordance with state law and city
code, gambling and gambling devices are not permitted on licensed premises. State
lottery tickets may be purchased or sold within licensed premises as authorized by the
director of the state lottery.
Section 9. Chapter 10, Article IV, Section 10-141 of the City Code, City of Chanhassen,
Minnesota, is hereby repealed.
2
Section 10. Section 10-142 of the City Code, City of Chanhassen, Minnesota, is hereby
• amended to read as follows:
It unlawful for any peddler, solicitor, or transient merchant to engage in any such activity
within the city without first registering with the city in compliance with the provisions of
this article. Any transient merchant, peddler, or solicitor, registering in the city must
show proof that such person is licensed for such occupation under the provisions of
Minnesota Statute Chapter 329, as amended. Registration does not exempt compliance
with other applicable local, state, and federal laws, including the zoning regulations.
Section 11. Section 10-143 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The registration requirements of this article do not apply to: (a) persons selling products
of the farm or garden, including Christmas trees and flowers at sites approved by the city
manager or city manager's designee considering vehicular traveling speeds, turning
movement, available parking, and other public safety considerations, (b) children, age
seventeen or younger, soliciting for school sponsored activities, (c) residents selling
personal property from their residence for no more than three (3) days per year (such as a
"garage sale," or (d) religious, charitable, or nonprofit organizations.
Section 12. Section 10-144 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Is Persons registering under this article shall file with the City a written statement on a form
to be furnished by the City. The statement shall provide:
(1) Name, date of birth, driver's license number identification, and written authorization
for necessary background checks by the city of the person registering and each individual
that will be carrying out the activity of a peddler, solicitor, or transient merchant. While
only one (1) representative for a group need apply on behalf of the organization, each
individual that will be participating in the activity shall be required to submit their name,
date of birth, driver's license information, and written authorization for the city to
conduct a background check.
(2) The permanent home and business address of the applicant and, in the case of
transient merchants, the local address from which proposed sales will be made.
(3) A description of the nature of the business and the goods to be sold, and the name
and address of the person or business from whom the goods were purchased.
(4) The length of time for which the right to do business is required.
(5) The names of at least three (3) references who will substantiate the person's good
character and business respectability or other evidence of the good character and business
• responsibility of the person registering.
. (6) A statement as to whether or not the person has been convicted of any crime,
misdemeanor, or violation of any municipal ordinance, other than traffic violations, the
nature of the offense, and the punishment or penalty assessed.
(7) The two (2) preceding cities, if any, where the person carried on his activity prior to
the current registration.
Section 13. Section 10-147 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Upon issuance of the permit, the City shall issue an identification card upon the filing of
the properly signed and completed form, which shall be carried by the person(s) engaged
in such activity.
Section 14. Section 10-148 (e) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
Peddlers, such as ice cream sales, that sell from a motor vehicle where the customer
comes to the motor vehicle to make a purchase may not solicit sales on public or private
streets, roads or highways, or any other roadways.
Section 15. Section 10-149.2 (b) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
A registration shall be denied or revoked by the city clerk/manager, preceded by written
notion and an opportunity to be heard, if any of the conduct listed in subsection (a) of this
section shall occur.
Section 16. Section 10-151 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
An organization shall not be eligible to conduct lawful gambling in the city unless it
meets the qualification in Minnesota Statutes Section 349.16, subdivision 2.
Section 17. Section 10-152 (a) of the City Code, City of Chanhassen, Minnesota, is
hereby amended to read as follows:
Each organization licensed to conduct gambling within the city shall contribute to the
city, for distribution by the city for lawful purposes, at least ten (10) percent of the
organization's net profits derived from lawful gambling. For purposes of this section, net
profits are profits less amounts expended for allowable expenses.
Section 18. Section 10-228 of the City Code, City of Chanhassen, Minnesota, is hereby
is
amended to read as follows:
Rental dwelling licenses; conduct on licensed premises.
It shall be the responsibility of the rental license holder to take appropriate action to
prevent conduct by tenants or their guests on the licensed premises which is hereby
deemed to be disorderly, in violation of any of the following statutes or ordinances:
(1) Minnesota Statutes, § 609.75 through 609.76, which prohibit gambling;
(2) Minnesota Statutes, § 609.321 through 609.324, which prohibits prostitution and
acts relating thereto;
(3) Minnesota Statutes, § 152.01 through 152.025, and Section 152.027, Subdivisions
1 and 2, which prohibit the unlawful sale or possession of controlled substances;
(4) Minnesota Statutes, § 340A.401, which prohibits the unlawful sale of alcoholic
beverages;
(5) Chapter 13, Article I of this Code, which prohibits nuisances;
(6) Minnesota Statutes, § 97B.021, 97B.045, 609.66 through 609.67 and 624.712
• through 624.716, and section 930 of this code, which prohibit the unlawful
possession, transportation, sale or use of a weapon; or
(7) Minnesota Statutes, § 609.72, which prohibits disorderly conduct, when the
violation disturbs the peace and quiet of the occupants of at least one (1) unit on
the licensed premises or other premises, other than the unit occupied by the
person(s) committing the violation;
(8) Minnesota Statutes § 609.185, 609.19, 609.195, 609.20, 609.205 which prohibit
murder and manslaughter;
(9) Minnesota Statutes § 609.221, 609.222, 609.223, 609.2231 which prohibit assault;
(10) Minnesota Statutes § 609.342, 609.343, 609.344, 609.20, 609.345, 609.3451
which prohibit criminal sexual conduct;
(11) Minnesota Statutes § 609.52 which prohibits theft;
(12) Minnesota Statutes § 609.561, 609.562, 609.563, 609.5631, 609.5632 which
prohibit arson;
(13) Minnesota Statutes § 609.582 which prohibits burglary; and
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(14) Minnesota Statutes § 609.595 which prohibits damage to property.
is (15) Section 11-2 of the Chanhassen City Code which prohibits the discharge of a
firearm.
Section 19. Section 10-219 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Application for Licenses.
Applications for licenses shall be made in writing on forms provided by the City and
accompanied by the fee amounts as established in Chapter 4 of the Chanhassen City
Code. Such application shall be submitted at least sixty (60) days prior to the expiration
date of the license, and shall specify the following:
(1) Provisional license. Dwellings required to be licensed, which are existing and in
operation prior to the effective date of this ordinance, may continue to operate with a
provisional license. A provisional license will be issued upon receipt of application
and payment of fees. The provisional license shall be valid until a license is issued or
it is determined that license requirements have not been met and the city will not
issue a license.
(2) Name and address of the owner of the rental dwelling.
• (3) Name and address of any operator or agent actively managing said rental
dwelling.
(4) Name and address of all partners if the registrant is a partnership.
(5) Name and address of all officers of the corporation if the registrant is a
corporation.
(6) Name and address of the vendee if the rental dwelling is owned or being sold on a
contract for deed.
(7) Legal address of the rental dwelling.
(8) Number and kind of units within the rental dwelling classified as dwelling units,
tenement units, or rooming units or other.
(9) Name and address of on site operating manager if any.
Section 20. Section 10-220 of the City Code, City of Chanhassen, Minnesota, is hereby
repealed.
0
•
•
Section 21. This ordinance shall be effective immediately upon its passage and
publication.
PASSED AND ADOPTED this 12th day of April, 2004, by the City Council of
the City of Chanhassen, Minnesota
c�
T6ddGerhardt, City Manager
1-1:�-7� RL'-� -
Thomas A. Furlong, Mayor
(Summary Ordinance Published in the Chanhassen Villager on May 6, 2004)
7
• CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
SUMMARY OF ORDINANCE NO.371
AN ORDINANCE AMENDING CHAPTER 10 OF
THE CHANHASSEN CITY CODE NUISANCES.
The purpose of this code amendment is to clarify that the commissioner of public
safety approves licenses; clarify that Sunday sales are from 10:00 a.m. Sunday to 1:00 a.m.
Monday; specify correct state statute numbers and city ordinance numbers; delete the public
hearing requirement for off -sale 3.2 percent malt liquor licenses; permit state and locally
permitted gambling at licensed liquor establishments; clarify that a peddler, solicitor, or
transient merchant must register with the city; delete location requirements for religious,
charitable, or nonprofit organizations exempted from the solicitor registration requirement;
specify that a peddler, solicitor, or transient merchant must register with the city
clerk/manager; clarify that peddler, solicitor, or transient merchant registration may be
revoked by the city clerk/manager; eliminate location restrictions for granting a gambling
license to an organization; eliminate an organization's ability to designate where the
required 10 percent profit submitted to the city is spent; expand the list of statutory offenses
which are deemed to be disorderly on licensed rental property; note that fees are established
in Chapter 4 of the Chanhassen City Code; and delete the notary requirement for rental
license applicants.
• A printed copy of Ordinance No. 371 is available for inspection by any person
during regular office hours at the office of the City Manager/Clerk.
PASSED, ADOPTED, AND APPROVED FOR PUBLICATION this 12th day of
April, 2004, by the City Council of the City of Chanhassen.
Todd Gerhardt, City Manager/Clerk
(Summary Ordinance Published in the Chanhassen Villager on May 5, 2004)
CJ
CITY OF CHANHASSEN
CARVER AND HENNEPIN
COUNTIES, MINNESOTA
SUMMARY OF ORDINANCE NO.
371
AN ORDINANCE AMENDING
CHAPTER 10 OF
THE CHANHASSEN CITY CODE
NUISANCES.
The purpose of this code
amendment is to clarify that the
commissioner of public safety
approves licenses; clarify that Sunday
sales are from 10:00 a.m. Sunday to
1:00a.m. Monday; specifycorrectstate
statute numbers and city ordinance
numbers; delete the public hearin¢
requirement for off -sale 3.2 percent
malt liquor licenses; permit stake and
locally permitted-miblin a at licensed
liquor establishments; clarity that a
peddler, solicitor, or transient
merchant must register with the city;
delete location requirements for
religious, charitable, or nonprofit
organizations exempted from the
solicitor registration requirement,
specify that a peddler, solicitor, or
transient merchant must register
with the city clerk/manager; clarify
that peddler, solicitor, or transient
merchant registration may be
revoked by the city clerk/manager;
eliminate location restrictions for
granting a gambling license to an
organization; eliminate an
organization's ability to designate
where the required 10 percent profit
submitted to the city is spent; expand
the list of statutory offenses which
are deemed to be disorderly on
licensed rental property; note that
fees are established in Chapter 4 of
the Chanhassen City Code; and delete
the notary requirement for rental
license applicants.
A printed copy of Ordinance No.
371 is available for inspection by any
person during regular office hours at
the office of the City Manager/Clerk.
PASSED, ADOPTED, AND
APPROVEDFOR PUBLICATION
this 12th day of April, 2004, by the
City Council of the City of
Chanhassen.
Todd Gerhardt, City Manager/
Clerk
(Published in the Chanhassen
Villager on Thursday, May 6, 2004;
No. 4174)
Affidavit of Publication
Southwest Suburban Publishing
State of Minnesota)
)SS.
County of Carver )
Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized
agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil-
lager and has full knowledge of the facts herein stated as follows:
(A) These newspapers have complied with the requirements constituting qualification as a legal
newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as
amended.
(B) The printed public notice that is attached to this Affidavit and identified as No.
was published on the date or dates and in the newspaper stated in the attached Notice and said
Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of
the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both
inclusive, and is hereby acknowledged as being the kind and size of type used in the composition
and publication of the Notice:
abcdefghijklmnopgrstuvwxyz
]B:
Subscribed and sworn before me on
this lday of ,200� 4
Notary Public
Laurie A. Hartmann
rD{' N
y r NC7ARY PUBU RJ�iNNESGTA
my commissi")n Expires,ldn. 31, 2005
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