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Home My WebLink About2004-02 01-12 CCOCITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 12th day of January, 2004, at 7:00 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to consider an ordinance relating to the location of secondhand goods dealers, pawnshops, currency exchanges, tattoo parlors and body piercing establishments, saunas, and massage parlors. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the personnel coordinator at 612 -569 -3303 to make arrangements. ORDINANCE NO. 2004 -02 AN ORDINANCE RELATING TO THE LOCATION OF SECONDHAND GOODS DEALERS, PAWNSHOPS, CURRENCY EXCHANGES, TATTOO PARLORS AND BODY PIERCING ESTABLISHMENTS, SAUNAS, AND MASSAGE PARLORS; AMENDING BROOKLYN CENTER CITY CODE SECTIONS 23 -610, 23 -661, 23 -1607, 23 -1709, 23 -2203 AND 23 -2309 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Brooklyn Center City Code Section 23 -610 is amended as follows: Section 23 -610. PLACES INELIGIBLE FOR LICENSES. A license will not be issued or renewed under this section for any place or for any business: a. If taxes, assessments or other financial claims of the City or the State of Minnesota on the licensee's business premise are delinquent and unpaid; b. If the premise is located within 300 feet of, or in the same building as, or on the same legally subdivided lot, piece or parcel of land as any of the following uses: a school, day care center, church, hospital, on -sale liquor establishment, halfway house, currency exchange operation, theater, residence, secondhand goods dealer, tattoo establishment, body piercing establishment, massage parlor, sauna, or another pawnshop; provided however, that a pawnshop and a secondhand goods dealer may occupy a single licensed premises in common if both activities are licensed for that premises; c. Where operation of a licensed premise would violate zoning ordinances; d. Where the applicant's present license was issued conditioned upon the applicant making specified improvements to the licensed premise or the property of the licensed premise which improvements have not been completed or; e. Established as a pawnshop after April 2, 1996, which is within ten (10) driving miles of any gambling casino. ORDINANCE NO. 2004 -02 Section 2. Brooklyn Center City Code Section 23 -661 is amended as follows: Section 23 -661. PLACES INELIGIBLE FOR LICENSES. A license will not be issued or renewed under this section for any place or for any business: a. If taxes, assessments or other financial claims of the City or the State of Minnesota on the licensee's business premise are delinquent and unpaid; b. Within 300 feet of, or in the same building as, or on the same legally subdivided lot, piece or parcel of land as any of the following uses: a school or day care center if the secondhand goods dealer will receive firearms or if located within 300 feet of a pawnshop, tattoo establishment, currency exchange operation, massage parlor, body piercing establishment, sauna, or another secondhand goods dealer; provided however, that a pawnshop and a secondhand goods dealer may occupy a single licensed premises in common if both activities are licensed for that premises; c. Where operation of a licensed premise would violate zoning ordinances; or d. Where the applicant's present license was issued conditioned upon the applicant making specified improvements to the licensed premise or the property of the licensed premise which improvements have not been completed. Section 3. Brooklyn Center City Code Section 23 -1607 is amended as follows: Section 23 -1607. RESTRICTIONS AND REGULATIONS. 1. The licensee and the persons in its employ, agency or persons with an interest in such business shall comply with all applicable ordinances, regulations and laws of the City of Brooklyn Center and the State of Minnesota and the United States government. 2. If the licensee is a partnership or a corporation, the applicant shall designate a person to be manager and in responsible charge of the business. Such person shall remain responsible for the conduct of the business until another suitable person has been designated in writing by the licensee. The licensee shall promptly notify the police department in writing of any such change, indicating the name and the address of the new manager and the effective date of such change. 3. The licensee shall furnish the Police Department with a list of current employees indicating their names and addresses and designating the duties of the employees within the sauna bath or sauna parlor. The licensee shall promptly notify the Police Department of any additions or deletions in the list of employees or changes in their job descriptions or duties. ORDINANCE NO. 2004 -02 4. The licensed premises shall not be open for business nor shall patrons be permitted on the premises between the hours of 11:00 p.m. and 8:00 a.m. of the succeeding day. 5. The licensee shall permit and allow the inspection of the premises during business hours by all appropriate City employees. 6. Upon demand by any police officer any person employed in any licensed premises shall identify himself by giving his true legal name and his correct address. 7. No person under 18 years of age shall be employed in an establishment requiring a license under the provisions of this ordinance. 8. All equipment or personal property used in or for a sauna or sauna bath shall be of a safe and sanitary design as approved by the City Sanitarian and the entire premises where saunas or sauna baths are given, administered or allowed and all personal property, clothing, towels and the like used therein shall be sanitary which is defined as a complete absence of the vegetative cells of pathogenic microorganisms. 9. The licensee and all persons in its employ or connected therewith shall maintain an occupancy or guest register by which each patron of the sauna or sauna bath must register with his correct name, address and phone number and each licensee, or person in its employ shall require each patron to furnish identification describing and identifying his correct name, address and phone number and shall further require each patron to correctly and truthfully furnish his name, address and telephone number to said guest register before the administration of any services of the sauna or sauna baths. Said occupancy register or guest register must be maintained on file for inspection by officers, employees or agents of the City of Brooklyn Center or any other agency of any political subdivision, the State of Minnesota or agency of the United States government for a period of not less than two years. 10. The licensed premises shall not be located within 300 feet of, or in the same building as, or on the same legally subdivided lot, piece or parcel of land as any of the following uses: school, day care center, church, hospital, on -sale liquor establishment, halfway house, theater, residence, pawnshop, tattoo establishment, body piercing establishment, massage parlor, secondhand goods dealer, pawnshop, currency exchange operation, or another sauna. ORDINANCE NO. 2004 -02 Section 4. Brooklyn Center City Code Section 23 -1709 is amended as follows: Section 23 -1709. CONDITIONS GOVERNING ISSUANCE OF A LICENSE. 1. No license shall be issued if the applicant or any of its owners, managers, employees, agents or interested parties is a person of bad repute. Licenses shall be issued only if the applicant and all of its owners, managers, agents, employees or interested parties are free of convictions for offenses which involve moral turpitude or which relate directly to such person's ability, capacity or fitness to perform the duties and discharge the responsibilities of the licensed activity. 3. Licenses shall be issued only to applicants who have not, within one year prior to the day of application, have been denied licensure, have had a license revoked or suspended in or by any community or political subdivision or the State of Minnesota and whose owners, managers, or any interested parties have not been similarly denied, revoked, or suspended. 4. Licenses shall be issued only to applicants who have answered fully and truthfully all of the information requested in the application, who have paid the full license fee and fee for investigation and have cooperated fully and truthfully with the City in the review of the application. 5. If the applicant is a natural person, a license shall be granted only if such person is 18 years of age or older. 6. Licenses may only be granted when in complete conformity with the zoning code of the City of Brooklyn Center. No license shall be granted for any premises which is within 300 feet of, or in the same building as, or on the same legally subdivided lot, piece or parcel of land as a currency exchange operation, secondhand goods dealer, pawn shop, tattoo or body piercing establishment, another massage parlor, sauna, school, day care center, church, hospital, on -sale liquor establishment, halfway house, theater or residence; provided, however, that this limitation shall not apply to bona fide health clubs or qualified barber shops, hair or beauty salons or licensed cosmetology salons. 7. Licenses shall be granted only to establishments which can meet the safety, sanitary and building code requirements of the City. 8. A license shall not be granted if granting the license (a) would be inconsistent with the comprehensive development plans of the City, or (b) would otherwise have a detrimental effect upon other property or properties in the vicinity. ORDINANCE NO. 2004 -02 Section 5. Brooklyn Center City Code Section 23 -2203 is amended as follows: Section 23 -2203. RESTRICTIONS. All Currency Exchanges shall be operated and maintained in accordance with the requirements of state law and of this section: A. The business may not be advertised with backlighted signs or awnings, roof signs, portable signs, temporary signs, or freestanding signs. Window signs shall not exceed thirty (30) percent of the window area and shall not block views into the building at eye level. The window and door area of any existing first floor facade that faces a public street or sidewalk shall not be reduced, nor shall changes be made to such windows or doors that block views into the building at eye level. C. For new construction, at least thirty (30) percent of the first floor facade that faces a public street or sidewalk shall be windows or doors of clear or lightly tinted glass that allow views into the building at eye level. D. The use of bars, chains or similar security devices that are visible from a public street or sidewalk shall be prohibited. E. The premises, all adjacent streets, sidewalks, and alleys, and all sidewalks and alleys within one hundred (100)feet shall be inspected regularly for purposes of removing any litter found thereon. F. The business premises shall not be so equipped as to enable employees to activate remote locking mechanisms to lock in patrons, customers, or others. G. The licensee shall not engage in street solicitation for the business or distribute handbills within three hundred (300) feet of the licensed premises. H. The licensee shall not give away cigarettes or liquor to customers either free or in connection with a check cashing transaction. The business premises shall not be located within 300 feet of, or in the same building as, or on the same legally subdivided lot, piece or parcel of land as any of the following uses: a school, day care center, church, hospital, on -sale liquor establishment, halfway house, theater, residence, pawnshop, secondhand goods dealer, tattoo establishment, body piercing establishment, massage parlor, sauna or another currency exchange. ORDINANCE NO. 2004 -02 Section 6. Brooklyn Center City Code Section 23 -2309 is amended as follows: Section 23 -2309. PLACES INELIGIBLE FOR LICENSE a. No license shall be granted or renewed for operation on any property on which taxes, assessments, or other financial claims of the state, county, school district, or city are due, delinquent, or unpaid. In the event a suit has been commenced under Minnesota Statutes, Section 278.0- 278.03, questioning the amount or validity of taxes, the City Council may on application waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof which remain unpaid for a period exceeding one (1)year after becoming due. b. No license shall be granted or renewed if the property is not properly zoned or does not qualify as a legal nonconforming use for tattooing and/or body piercing establishments. c. Premises Licensed For Alcoholic Beverages. No license shall be granted or renewed if the premises is licensed for the furnishing of alcoholic beverages or is an adult establishment pursuant to Section 35 -2182. d. No license shall be granted if the premises is within 300 feet of, or in the same building as, or on the same legally subdivided lot, piece or parcel of land as any of the following uses: a church, school, day care center, hospital, on -sale liquor establishment, halfway house, currency exchange operation, theater, residence, pawnshop, secondhand goods dealer, massage parlor, sauna, or another tattoo or body piercing establishment. Section 7. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this 12 day of January 2004. City Clerk Date of Publication: January 22, 2004 Effective Date: February 21, 2004 (Underline indicates new matter; brackets indicate matter to be deleted.)