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HomeMy WebLinkAbout2003-09 08-11 CCOTHE CITY FOLLOWS: Section 1. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 1 lth day of August, 2003, 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 amendment to Chapters 11 and 23 relating to liquor licensing and general licensing regulations. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. 2003 -09 AN ORDINANCE AMENDING CHAPTERS 11 AND 23 OF THE BROOKLYN CENTER CODE OF ORDINANCES, RELATING TO LIQUOR LICENSING AND GENERAL LICENSING REGULATIONS COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS City Code Section 11 -103 is amended as follows: Section 11 -103. APPLICATIONS FOR LICENSE. Subdivision 1. Every application for a license to sell beer shall be made on a form supplied by the City. It shall be unlawful to make any false statement in an application. Applications shall be filed with the [chief of police] City Manager's designee. Subdivision 2. Every application shall be referred to the [chief of police] City Manager's designee. The [chief of police or his/her designee] City Manager's designee is empowered to conduct any and all investigations to verify the information on the application, including ordering a computerized criminal history inquiry obtained through the Criminal Justice System and/or a driver's license history inquiry as recorded by the State Department of Public Safety on the applicant. A[n] non refundable investigation fee as set by city council resolution shall accompany each application. [The chief of police shall estimate the actual cost estimate, and take no further action on the application until the actual cost estimate is paid. Any portion of the actual cost estimate which exceeds the minimum but which remains unused after completion of the investigation shall be returned to the applicant.] A re- investigation fee as set by city council resolution shall be applied when a change in management or ownership occurs. Subdivision 3. Every "on- sale" application shall be [referred to the director of planning and inspection as to] reviewed to determine whether the proposed licensed premises meets the requirements of the zoning ordinance and building code. Subdivision 4. "Temporary on- sale" applications shall be submitted to the [chief of police] City Manager's designee a minimum of thirty calendar days in advance of the proposed event. There is no investigation fee to apply for this license. ORDINANCE NO. 2003-09 Subdivision 5. Application for the renewal of an existing license shall be made by November 1. If in the judgment of the city council, good and sufficient reason is shown by the applicant for his failure to file for a renewal within the time provided, the city council may, if the other provisions of this ordinance are complied with, grant the application. Section 2. City Code Section 11 104 subdivisions 1 and 2 are amended as follows: Section 11 -104. LIABILITY INSURANCE. Subdivision 1. Insurance Required. At the time of filing an application for any on -sale or off- sale 3.2 percent malt liquor license, the applicant shall file with the [chief of police] City Manager's designee proof of financial responsibility for liability which shall be subject to the approval of the city council. The issuer or surety on any liability insurance policy or bond shall be duly licensed to do business in the State of Minnesota, and all documents shall be approved as to content, form and execution by the city attorney. The licensee and the City shall be named as joint insureds on the liability insurance policy. The policy shall be effective for the entire license year. Subdivision 2. Form of Proof of Financial Responsibility. Proof of fmancial responsibility may be provided by supplying to the [chief of police] City Manager's designee any of the following proofs: a. A certificate that there is in effect an annual aggregate insurance policy for dram shop insurance of not less than $300,000 per policy year; or b. A bond of a surety company with minimum coverages as provided in clause (a); or c. A certificate of the state treasurer that the licensee has deposited with him $300,000 in case or securities which may legally be purchased by savings banks or for trust funds having a market value of $300,000. Section 3. City Code Section 11 105 subdivision 1 is amended as follows: Section 11 -105. LICENSE FEES. Subdivision 1. [Each application for a license shall be accompanied by a receipt from the chief of police for payment in full of the required fee for the license.] A non refundable investigation fee as set by city council resolution must be paid in full before an application for a new license is accepted. The initial license fee shall be paid in full, with cash, or a certified or cashier's check, before the license is issued. Renewal license fees shall be paid in full at the time of application for renewal. All fees shall be paid into the general fund of the municipality. A late renewal charge as set by city council resolution will be applied to renewal applications submitted after November 1. [Upon rejection of any application for a license, the City shall refund the amount paid.] ORDINANCE NO. 2003-09 Section 4. City Code Section 11 106 subdivision 1 is amended as follows: Subdivision 1. The city council shall cause to be investigated all facts set out in the application. [Opportunity shall be given to any person to be heard for or against the granting of the license. After such investigation and hearing the city council shall grant or refuse the application at its discretion.] Section 5. City Code Section 11 404 is amended as follows: Section 11 -404. PREMISES OPEN FOR INSPECTION. Any private club or public place allowing the consumption or display of intoxicating liquor shall be open at all reasonable hours for inspection by the commissioner of public safety, his designated agents, and duly authorized peace officers of the City. Refusal to permit such inspections shall be a violation of this ordinance. Every licensed premise which requires a passcard, password, passkey or other indicia of membership as a condition of entrance thereto, shall provide the [chief of police] City Manager's designee with such indicia of membership to be used only for the purposes set forth in this Section 11 -404. Business hours shall be deemed any time when licensee or employees are present on the premises. Refusal to permit such inspection is a violation of this ordinance and grounds for revocation of the license. Section 6. City Code Section 11 407 subdivisions 1 and 2 are amended as follows: Section 11 -407. LIABILITY INSURANCE. Subdivision 1. Insurance Required. At the time of filing an application for any annual or one day set -up license, the applicant shall file with the [chief of police] City Manager's designee proof of financial responsibility for liability which shall be subject to the approval of the city council. The issuer or surety on any liability insurance policy or bond shall be duly licensed to do business in the State of Minnesota, and all documents shall be approved as to content, form and execution by the city attorney. The licensee and the City shall be named as joint insureds on the liability insurance policy. Subdivision 2. Form of Proof of Financial Responsibility. Proof of financial responsibility may be provided by supplying to the [chief of police] City Manager's designee any of the following proofs: Section 7. City Code Section 11 501 paragraph 10 is amended as follows: Section 11 -501. DEFINITION OF TERMS. 10. The term "premises" as used in this ordinance, shall mean the inside of the building or the leased space inside a building as shown on the plan submitted to the [chief of police] City Manager's designee with the original license. Outside areas, such as patios or parking lots, shall not be included unless specifically listed on the license or special permission in writing is obtained for a limited period of time under certain conditions. ORDINANCE NO. 2003-09 Section 8. City Code Section 11 -503 and paragraph 9 are amended as follows: Section 11 -503. APPLICATIONS FOR LICENSE. Every application for a license to sell intoxicating liquor shall be verified and filed with the [chief of police] City Manager's designee. In addition to the information which may be required by the state commissioner of public safety's form, the application shall contain the following: 9. Such other information as the [chief of police] City Manager's designee shall require. Section 9. City Code Section 11 -506 paragraphs 2 and 7 are amended as follows: Section 11 -506. LICENSE FEES. 2. A non refundable investigation fee as set by city council resolution must be paid in full before an application for a new license is accepted. The initial license fee shall be paid in full with cash, or a certified or cashier's check, before the [application for a] license is [accepted] issued. Renewal license applications shall be filed by November 1 preceding each license year. Renewal license fees shall be paid in full [by December 15 preceding each license year at the time of application for renewal. All fees shall be paid into the general fund of the City. A late renewal charge as set by city council resolution will be applied to renewal applications submitted after November 1. All licenses shall expire on the last day of December of each year. Upon rejection of any application for a license, or upon withdrawal of application before approval of the issuance by the city council, the license fee shall be refunded to the applicant. 7. An investigation shall be made of the application for an "on -sale club" license, however no fee shall be charged for the investigation. The club shall, however, notify the [chief of police] City Manager's designee within 30 days of any change of manager or officers of the club and submit a personal information form on the new individual(s). Section 10. City Code Section 11 -507 is amended as follows: Section 11 -507. INVESTIGATION OF APPLICATIONS. All applications for a license shall be referred to the [chief of police] City Manager's designee, and to such other City departments as the city manager shall deem necessary for verification and investigation of the facts set forth in the application. The [chief of police or his/her designee] City Manager's designee is empowered to conduct any and all investigations to verify the information on the application, including ordering a computerized criminal history inquiry obtained through the Criminal Justice Information System and/or a driver's license history inquiry as recorded by the State Department of Public Safety on the applicant. The [chief of police] City Manager's designee shall make a written recommendation and report to the city council. The city council may authorize such additional investigation as it shall deem necessary. Section 11. City Code Section 11 -510 paragraphs 14,15 and 18 are amended as follows: Section 11 -510. CONDITIONS OF LICENSE. ORDINANCE NO. 2003-09 14. Changes in the management, officers, or directors of the club shall be submitted to the [chief of police] City Manager's designee within 30 days after such changes are made. 15. At the time of license renewal, the manager, officers, and directors of the club shall state the nature and amount of any contributions made in the preceding five years for state and local campaign or political purposes, the person to whom the contribution was made, and the person or organization for whom intended. This shall be done for the individuals and the club itself.] 18. Every licensed premises which requires a passcard, password, or passkey or other indicia of membership as a condition of entrance thereto, shall provide the [chief of police] City Manager's designee with such indicia of membership to be used only for the purposes set forth in this ordinance. Section 12. City Code Section 11 -511 paragraph 2 is amended as follows: Section 11 -511. HOURS OF OPERATION. 2. Organizations who hold "on -sale club" licenses may obtain a special license to serve intoxicating liquor between the hours of 10 a.m. on Sundays and 1 a.m. on Mondays in conjunction with the serving of food. They must show proof to the [chief of police] City Manager's designee that food will be sold and that a minimum of 30 persons may be served at any one time. Section 13. City Code Section 11 -513 subdivisions 1 and 2 are amended as follows: Section 11 -513. LIABILITY INSURANCE. Subdivision 1. Insurance Required. At the time of filing an application for an on -sale club license, the applicant shall file with the [chief of police] City Manager's designee proof of financial responsibility for liability which shall be subject to the approval of the city council. The issuer or surety on any liability insurance policy or bond shall be duly licensed to do business in the State of Minnesota, and all documents shall be approved as to content, form, and execution by the city attorney. The licensee and the City shall be named as joint insureds on the liability insurance policy. The policy shall be effective to the entire license year. Subdivision 2. Form of Proof of Financial Responsibility. Proof of financial responsibility may be provided by supplying to the [chief of police] City Manager's designee any of the following proofs: Section 14. City Code Section 11 -601 paragraph 12 is amended as follows: Section 11 -601. DEFINITION OF TERMS. ORDINANCE NO. 2003-09 12. The term "premises" as used in this ordinance, shall mean the inside of the building or the leased space inside a building as shown on the plan submitted to the [chief of police] City Manager's designee with the original license. Outside areas, such as patios or parking lots, shall not be included unless specifically listed on the license or special permission in writing is obtained for a limited period of time under certain conditions. Section 15. City Code Section 11 -604 paragraphs 4, 5, and 14 are amended as follows: Section 11 -604. APPLICATIONS FOR LICENSE. Every application for a license to sell intoxicating liquor shall be verified and filed with the [chief of police] City Manager's designee. In addition to the information which may be required by the state commissioner of public safety's form, the application shall contain the following: 4. If the applicant is a partnership, the names and addresses of all partners and all information concerning each partner as is required of a single applicant in Subsection 3 [above] of this section. A managing partner, or partners shall be designated. The interest of each partner in the business shall be disclosed. A true copy of the partnership agreement shall be submitted with the application and if the partnership is required to file a certificate as to a trade name under the provisions of Chapter 333, Minnesota Statutes, a copy of such certificate certified by the clerk of district court shall be attached to the application. 5. If the applicant is a corporation or other organization and is applying for an "on -sale wine" license, the following: d. The application shall contain a list of all persons, who, singly or together with their spouse, or a parent, brother, sister of child of either of them, own or control an interest in said corporation or association in excess of 5% [or who are officers or directors of said corporation or association] together with their addresses and all information as is required of a single applicant in Subsection 3 [above] of this section. require. 14. Such other information as the [chief of police] City Manager's designee shall Section 16. City Code Section 11 -605 is amended as follows: Section 11 -605. RENEWAL APPLICATIONS. Applications for renewal of an existing license shall be made at least 60 days prior to the date of expiration of the license. If, in the judgment of the city council, good and sufficient cause is shown by an applicant for his failure to file for a renewal within the time provided, the city council may, if the other provisions of this ordinance are complied with, grant the application. ORDINANCE NO. 2003-09 At the earliest practicable time after application is made for a renewal of an "on -sale wine" license, and in any event prior to the time that the application is considered by the city council, the applicant shall file with the [chief of police] City Manager's designee a statement prepared by a certified public accountant that shows the total gross sales and the total food sales of the restaurant for the twelve month period immediately preceding the date for filing renewal applications. A foreign corporation shall file a current certificate of authority. Section 17. City Code Section 11 -607 paragraphs 2, 7 and 8 are amended as follows: Section 11 -607. LICENSE FEES. 2. A non refundable investigation fee as set by city council resolution must be paid in full before an application for a new license is accepted. The initial license fee shall be paid in full, with cash, or a certified or cashier's check, before the [application for a] license is [accepted] issued. Renewal license applications shall be filed by November 1 preceding each license year. Renewal license fees shall be paid in full at the time of application for renewal. All fees shall be paid into the general fund of the City. A late renewal charge as set by city council resolution will be applied to renewal applications submitted after November 1. All licenses shall expire on the last day of December of each year. Upon rejection of any application for a license, or upon withdrawal of application before approval of the issuance by the city council, the license fee shall be refunded to the applicant. [7. At the time of each original application for a license, the applicant shall pay in full an investigation fee, the amount of which is set by city council resolution.] 8. At any time that an additional investigation is required because of a license renewal, a change in the ownership or control of the licensee or because of an enlargement, alteration, or extension of premises previously licensed, the licensee shall pay an investigation fee [as set forth in Subdivision 7 of this section]. The investigation fee shall accompany the application. Section 18. City Code Section 11 -608 is amended as follows: Section 11 -608. INVESTIGATION OF APPLICATIONS. All applications for a license shall be referred to the [chief of police] City Manager's designee and to such other City departments as the city manager shall deem necessary for verification and investigation of the facts set forth in the application. The [chief of police or his/her designee] City Manager's designee is empowered to conduct any and all investigations to verify the information on the application, including ordering a computerized criminal history inquiry obtained through the Criminal Justice Information System and/or a driver's license history inquiry as recorded by the State Department of Public Safety on the applicant. The [chief of police] City Manager's designee shall make a written recommendation and report to the city council. The city council may authorize such additional investigation as it shall deem necessary. Section 19. City Code Section 11 -611 paragraph 14 is amended and paragraph 15 is deleted as follows: ORDINANCE NO. 2003-09 Section 11 -611. CONDITIONS OF LICENSE. 14. Changes in the corporate or association officers, corporate charter, articles of incorporation, bylaws, or partnership agreement, as the case may be, shall be submitted to the [chief of police] City Manager's designee within 30 days after such changes are made. In the case of a corporation, the licensee shall notify the [chief of police] City Manager's designee when a person not listed in the application acquires an interest which, together with that of his spouse, parent, brother, sister, or child, exceeds 5 and shall give all information about said person as is required of a person pursuant to the provisions of Section 11 -604, Subdivision 3, of this ordinance. 15. At the time a licensee submits his application for renewal of a license, he shall state the nature and amount of any contribution he has made in the preceding five years for state and local campaign or political purposes, the person to whom the contribution was made and the person or organization for whom intended.] Section 20. City Code Section 11 -614 subdivisions 1 and 2 are amended as follows: Section 11 -614. LIABILITY INSURANCE. Subdivision 1. Insurance Required. At the time of filing an application for any on -sale intoxicating liquor license, the applicant shall file with the [chief of police] City Manager's designee proof of financial responsibility for liability which shall be subject to the approval of the city council. The issuer or surety on any liability insurance policy or bond shall be duly licensed to do business in the State of Minnesota, and all documents shall be approved as to content, form, and execution by the city attorney. The licensee and the City shall be named as joint insureds on the liability insurance policy. The policy shall be effective for the entire license year. Subdivision 2. Form of Proof of Financial Responsibility. Proof of financial responsibility may be provided by supplying to the [chief of police] City Manager's designee any of the following proofs: Section 21. City Code Section 11 -701 paragraph 11 is amended as follows: Section 11 -701. DEFINITION OF TERMS. 11. The term "premises" as used in this ordinance, shall mean the inside of the building or the leased space inside a building as shown on the plan submitted to the [chief of police] City Manager's designee with the original license. Outside areas, such as patios or parking lots, shall not be included unless specifically listed on the license or special permission in writing is obtained pursuant to Section 11 -702, paragraph 3[i] j for a limited period of time under certain conditions. Section 22. City Code Section 11 -702 paragraphs 3d, e, g, and j are amended as follows: Section 11 -702. LICENSE REQUIRED. ORDINANCE NO. 2003-09 3. The following are the types of "on -sale liquor" licenses [which] that can be issued under this section: d. On -Sale Class D Liquor License: This is a probationary license for new applicants who have not established a ratio between food and liquor for the licensed premises. Twelve months of documentation of food and liquor sales shall be presented to the [chief of police] City Manager's designee on or before renewal time to determine the appropriate license class for the following year. If such documentation is not available, the probationary license shall be extended for no more than one additional year. Otherwise, a Class A, B, or C license will be assigned based on established ratio. e. On -Sale Class E Liquor License: This license is available only to hotels which serve food and liquor in a dining room to guests. Applicants for Class E licenses must submit with their applications menus of food and nonalcoholic beverages which will be served with the liquor dispensed. The city council will determine whether such food and beverages are adequate to protect the public interests. Changes in menu may not be made without the prior approval of the [chief of police] City Manager's designee. Liquor may be dispensed for no more than two hours a day and shall not be dispensed before 4 p.m. or after 8 p.m. The licensee may not require the payment of consideration for liquor other than that which is paid as its regular charges for rooms. The area designated as the dining room shall be adequately separated from other common areas of the hotel by physical barriers to control ingress and egress and to ensure security and compliance with the provisions of this Code. Class E licensees may serve liquor on Sunday subject to the provisions of this Code without a separate Sunday on -sale liquor license. g. Sunday On -Sale Liquor License: Establishments to which "on -sale liquor" licenses have been issued may file an application with the [chief of police] City Manager's designee to serve intoxicating liquor during set hours on Sundays in conjunction with the sale of food. j. Special Provision; Expansion of Premises for Special Events: Special permission may be granted either by the City Council or in writing signed by [both] the [chief of police] City Manager's designee [and the director of planning and inspection] for a temporary expansion of the licensed premises for wedding receptions, parties, promotional activities or other special events. Special permits may be issued only for specified areas of the same lot, piece or parcel of land on which the premises lies or a contiguous lot, piece or parcel of land. Application shall be made to the [chief of police] City Manager's designee on a form provided by the City and all information requested by the [chief of police] City Manager's designee shall be submitted therewith. Section 23. City Code Section 11 -704 paragraph 14 is amended as follows: Section 11 -704. APPLICATIONS FOR LICENSE. Every application for a license to sell intoxicating liquor shall be verified and filed with the [chief of police] City Manager's designee. In addition to the information which may be required by the state commissioner of public safety's form, the application shall contain the following: require. 14. Such other information as the [chief of police] City Manager's designee shall ORDINANCE NO. 2003-09 Section 24. City Code Section 11 705 is amended as follows: Section 11 -705. RENEWAL APPLICATIONS. Applications for renewal of an existing license shall be made at least 60 days prior to the date of expiration of the license. If, in the judgment of the city council, good and sufficient cause is shown by an applicant for his failure to file for a renewal within the time provided, the city council may, if the other provisions of this ordinance are complied with, grant the application. At the earliest practicable time after application is made for a renewal of an "on -sale liquor" license, and in any event prior to the time that the application is considered by the city council, the applicant shall file with the [chief of police] City Manager's designee a statement prepared by a certified public accountant that shows the total gross sales, the total food sales for consumption on the premises, and the total food sales of the restaurant for the twelve -month period immediately preceding the date for filing renewal applications. A foreign corporation shall file a current certificate of authority. Section 25. City Code Section 11 707, paragraphs 2, 7 and 8 are amended as follows: 2. A non refundable investigation fee as set by city council resolution must be paid in full before an application for a new license is accepted. The initial license fee shall be paid in full with cash, or certified or cashier's check, before the [application for a] license is [accepted] issued. Renewal license applications shall be filed by November 1 preceding each license year. Renewal license fees shall be paid in full at the time of application for renewal. All fees shall be paid into the general fund of the City. A late renewal charge as set by city council resolution will be applied to renewal applications submitted after November 1. All licenses shall expire on the last day of December of each year. [Upon rejection of any application for a license, or upon withdrawal of application before approval of the issuance by the city council, the license fee shall be refunded to the applicant.] All "temporary on —sale liquor" licenses shall be good only for the dates, times, and location specifically named on the license itself. [7. At the time of each original application for a license, the applicant shall pay in full an investigation fee, in an amount set by city council resolution. All investigation fees are nonrefundable.] 8. At any time that an additional investigation is required because of a license renewal, a change in the ownership or control of the licensee or because of an enlargement, alteration, or extension of premises previously licensed, the licensee shall pay an investigation fee as set by city council resolution [as set forth in subdivision 7 of this section]. The investigation fee shall accompany the application. Section 26. City Code Section 11 -708 is amended as follows: ORDINANCE NO. 2003-09 Section 11 -708. INVESTIGATION OF APPLICATIONS. All applications for a license shall be referred to the [chief of police] City Manager's designee and to such other City departments as the city manager shall deem necessary for verification and investigation of the facts set forth in the application. The [chief of police or his/her designee] City Manager's designee is empowered to conduct any and all investigations to verify the information on the application, including ordering a computerized criminal history inquiry obtained through the Criminal Justice Information System and/or a driver's license history inquiry as recorded by the State Department of Public Safety on the applicant. The [chief of police] City Manager's designee shall cause to be made such investigation of the information requested in this ordinance as shall be necessary and shall make a written recommendation and report to the city council. The city council may authorize such additional investigation as it shall deem necessary. Section 27. City Code Section 11 -711 paragraphs 14 and 15 are amended as follows: Section 11 -711. CONDITIONS OF LICENSE. 14. Changes in the corporate or association officers, corporate charter, articles of incorporation, bylaws or partnership agreement, as the case may be, shall be submitted to the [chief of police] City Manager's designee within 30 days after such changes are made. In the case of a corporation, the licensee shall notify the [chief of police] City Manager's designee when a person not listed in the application acquires an interest which, together with that of his spouse, parent, brother, sister, or child, exceeds 5 and shall give all information about said person as is required of a person pursuant to the provisions of Section 11 -604, Subdivision 3, of this ordinance. 15. At the time a licensee submits his application for renewal of a license, he shall state the nature and amount of any contribution he has made in the preceding five years for state and local campaign or political purposes, the person to whom the contribution was made and the person or organization for whom intended.] Section 28. City Code Section 11 -714 subdivisions 1 and 2 are amended as follows: Section 11 -714. LIABILITY INSURANCE. Subdivision 1. Insurance Required. At the time of filing an application for any on -sale intoxicating liquor license, the applicant shall file with the [chief of police] City Manager's designee proof of financial responsibility for liability which shall be subject to the approval of the city council. The issuer or surety on any liability insurance policy or bond shall be duly licensed to do business in the State of Minnesota, and all documents shall be approved as to content, form, and execution by the city attorney. The licensee and the City shall be named as joint insureds on the liability insurance policy. The policy shall be effective for the entire license year. Subdivision 2. Form of Proof of Financial Responsibility. Proof of financial responsibility may be provided by supplying to the [chief of police] City Manager's designee any of the following proofs: Section 29. City Code Section 23 -604 subdivisions 1 and 3 are amended as follows: ORDINANCE NO. 2003-09 Section 23 -604. APPLICATION. Subdivision 1. Contents: A license applicant must complete an application form provided by the [chief of police] City Manager's designee. The application must be in a form and request information of the applicant as determined by the [chief of police] City Manager's designee. Subdivision 3. Fees: A non refundable investigation fee as set by city council resolution must be paid in full before an application for a new license is accepted. [The application must be accompanied by the required license fee and the established fee for investigation.] The initial license fee shall be paid in full with cash, or certified or cashier's check, before the license is issued. Renewal license fees shall be paid in full at the time of application for renewal. The annual license fee but not the investigation fee,] will be returned to the applicant if the application is rejected or denied. The investigation fee may be paid with a personal check. Section 30. City Code Section 23 -607 subdivision 1 is amended as follows: Section 23 -607. INVESTIGATIONS. Subdivision 1. Conduct: The City, prior to granting of an initial or renewed pawnbroker license, must conduct a background and financial investigation of the applicant. Any person having a beneficial interest in the license must be investigated. The [chief of police] City Manager's designee shall cause to be made such investigation of the information requested in this ordinance and shall make a written recommendation and report to the city council. The [chief of police] City Manager's designee must verify the facts stated in the application and must report all convicted violations of state, federal or municipal law involving the applicant, interested persons, or the unlicensed premises while under the applicant's proprietorship. Section 31. City Code Section 23 -608 is amended as follows: Section 23 -608. GRANTING OF THE LICENSE. After review of the license application and investigation report, the city council may grant or refuse, for one or more of the reasons set forth in Section 23 -625, the application for a new or renewed pawnbroker license. A license will not be effective unless the application fee and bond have been filed with the [chief of police] City Manager's designee. Section 32. City Code Section 23 -655 subdivisions 1 and 3 are amended as follows: Section 23 -655. APPLICATION. Subdivision 1. Contents: A license applicant must complete an application form provided by the [chief of police] City Manager's designee. The application must be in a form and request information of the applicant as determined by the [chief of police] City Manager's designee. ORDINANCE NO. 2003-09 Subdivision 3. Fees: A non refundable investigation fee as set by city council resolution must be paid in full before an application for a new license is accepted. [The application must be accompanied by the required license fee and the established fee for investigation.] The initial license fee shall be paid in full with cash, or certified or cashier's check, before the license is issued. Renewal license fees shall be paid in full at the time of application for renewal. The annual license fee but not the investigation fee,] will be returned to the applicant if the application is rejected or denied. The investigation fee may be paid with a personal check. Section 33. City Code Section 23 -658 subdivision 1 is amended as follows: Section 23 -658. INVESTIGATIONS. Subdivision 1. Conduct: The City, prior to granting of an initial or renewed secondhand goods dealer license, must conduct a background and financial investigation of the applicant. Any person having a beneficial interest in the license must be investigated. The [chief of police] City Manager's designee shall cause to be made such investigation of the information requested in this ordinance and shall make a written recommendation and report to the city council. The [chief of police] City Manager's designee must verify the facts stated in the application and must report all convicted violations of state, federal or municipal law involving the applicant, interested persons, or the unlicensed premises while under the applicant's proprietorship. Section 34. City Code Section 23 -659 is amended as follows: Section 23 -659. GRANTING OF THE LICENSE. After review of the license application and investigation report, the city council may grant or refuse, for one or more of the reasons set forth in Section 23 -673, the application for a new or renewed secondhand goods dealer license. A license will not be effective unless the application fee and bond have been filed with the [chief of police] City Manager's designee. Section 35. City Code Section 23 -1101 is amended as follows: Section 23 -1101. PERMIT REQUIRED. No person shall engage in, participate in, aid, form or start any parade, unless a parade permit shall have been obtained from the [chief of police] City Manager's designee of the City of Brooklyn Center. Section 36. City Code Section 23 -1102 paragraphs A.12 and B are amended as follows: Section 23 -1102. APPLICATIONS. A person seeking issuance of a parade permit shall file an application with the [chief of police] City Manager's designee on forms provided by such officer within not less than twenty days nor more than sixty days before the date upon which it is proposed to conduct the parade. A.12. Any additional information which the [chief of police] City Manager's designee shall find reasonably necessary to a fair determination as to whether a permit should be issued. ORDINANCE NO. 2003-09 B. Late Applications. The [chief of police] City Manager's designee, where good cause is shown therefore, shall have authority to consider any application which is filed not less than ten days before the date such parade is proposed to be conducted. On applications by school officials, the [chief of police] City Manager's designee may grant a permit if the application is made three days prior to the date of such parade. Section 37. City Code Section 23 -1103 is amended as follows: Section 23 -1103. STANDARDS FOR ISSUANCE. The [chief of police] City Manager's designee shall issue a permit when, from a consideration of the application and such other information as is available to him, he fords as follows: Section 38. City Code Section 23 -1104 is amended as follows: Section 23 -1104. NOTICE OF REJECTION. The [chief of police] City Manager's designee shall act upon the application for a parade permit within three days after the filing thereof. If the [chief of police] City Manager's designee disapproves the application, he shall immediately mail to the applicant a notice of his actions stating the reasons for the denial of the permit. Section 39. City Code Section 23 -1106 is amended as follows: Section 23 -1106. ALTERNATIVE PERMIT. [chief of police] City Manager's designee, in denying an application for a private permit, shall be empowered to authorize the conduct of the parade on a date, at a time, or over a route different from that named by the applicant. An applicant desiring to accept an alternate permit shall, within three days after notice of the action of the [chief of police] City Manager's designee, file a written acceptance with the [chief of police] City Manager's designee. Section 40. City Code Section 23 -1107 is amended as follows: Section 23 -1107. NOTICE OF OTHER OFFICIALS Immediately upon the issuance of a parade permit, the [chief of police] City Manager's designee shall send a copy thereof to the City Manager, Fire Marshal, Public Works Director Police Chief and to the director or responsible head of each public transportation utility, the regular routes of whose vehicles will be affected by the route of the proposed parade. Section 41. City Code Section 23 -1108 paragraph F is amended as follows: Section 23 -1108. EACH PERMIT SHALL STATE THE FOLLOWING INFORMATION: F. Such other information as the [chief of police] City Manager's designee shall deem necessary. Section 42. City Code Section 23 -1109 paragraph C is amended as follows: ORDINANCE NO. 2003-09 Section 23 -1109. PUBLIC CONDUCT DURING PARADES. C. Parking on Parade Route. The [chief of police] City Manager's designee shall have the authority, when reasonably necessary to prohibit or restrict the parking of vehicles along the route of the parade in areas contiguous thereto. The [chief of police] City Manager's designee shall post signs to such effect, and it shall be unlawful for any person to park or leave any vehicle unattended in violation thereof. Section 43. City Code Section 23 -1110 is amended as follows: Section 23 -1110. REVOCATION. The [chief of police] City Manager's designee shall have the authority to revoke a parade permit issued hereunder, on notice, upon application of the standards for issuance as herein set forth. Section 44. City Code Section 23 -1111 is amended as follows: Section 23 -1111. PENALTY. The violation of the provisions of the Chapter or any lawful order of the [chief of police] City Manager's designee issued pursuant to the provisions hereof, shall be punishable by a fine not to exceed one thousand dollars ($1,000) or imprisonment not to exceed ninety (90) days or both, together with the costs of prosecution. Section 45. City Code Section 23 -1220 is amended as follows: Section 23 -1220. RECORDS OF SALES. Records of all purchases and sales shall be kept by the licensed dealer describing each vehicle purchased and sold by reference to serial number and State license number and date of each transaction, and such records shall be available for examination by the City Manager, [chief of police] City Manager's designee, and such other agents as may be designated by the City Council. Section 46. City Code Section 23 -1604 is amended as follows: Section 23 -1604. LICENSE FEE, LICENSE INVESTIGATION AND LICENSE YEAR. The annual license fee and an investigation fee for the purposes of issuing a license shall be as set forth by City Council resolution. [The license fee and fee for the] A non refundable investigation fee [of the license shall] must be paid in full [when] before the application [is filed] for a new license is accepted. The [annual license] initial license fee shall be paid in full, with cash, or a certified or cashier's check, before the license is issued. Renewal license fees shall be paid in full at the time of application for renewal. The investigation fee may be paid with a personal check. In the event that the application is denied or in the event that the license once issued, is revoked, canceled or surrendered, no part of the annual license fee or fee for the investigation for the issuance of a license shall be returned to the applicant unless by express action of the City Council. A separate license shall be obtained each year for each place of business. The licensee shall display the license on a prominent place in the licensed premises at all times. A license, unless revoked, is for the calendar year or a part thereof for which it has been issued. ORDINANCE NO. 2003-09 The fee for the investigation for issuance of a license must be [entered] tendered with each new application for a license and must also be paid at any time when there is a proposed change of ownership or reapplication for a license wherein additional or different parties other than the original licensee and parties are proposing to be licensed. All licenses granted herein are nontransferable. Section 47. City Code Section 23 1706 is amended as follows: Section 23 -1706. LICENSE FEE, LICENSE INVESTIGATION FEE AND LICENSE YEAR. The annual license fee and an investigation fee for the purposes of issuing a license shall be as set forth by City Council resolution. [The license fee and fee for the] A non refundable investigation fee [of the license shall] must be paid in full [when] before the application for a new license is [filed] accepted. The initial license fee shall be paid in full, with cash, or a certified or cashier's check, before the license is issued. Renewal license fees shall be paid in full at the time of application for renewal. The investigation fee may be paid with a personal check. In the event that the application is denied or in the event that the license once issued, is revoked, canceled or surrendered, no part of the annual license fee or fee for the investigation for the issuance of a license shall be returned to the applicant unless by express action of the City Council. A separate license shall be obtained each year for each place of business. The licensee shall display the license on a prominent place in the licensed premises at all times. A license, unless revoked, is for the calendar year or a part thereof for which it has been issued. The fee for the investigation for issuance of a license must be tendered with each new application for a license and must also be paid at any time when there is a proposed change of ownership or reapplication for a license wherein additional or different parties other than the original licensee and interested parties are proposing to be licensed. A license for the operation of a massage parlor is nontransferable. Section 48. City Code Section 23 1804 is amended as follows: Section 23 -1804. LICENSE FEE, LICENSE INVESTIGATION FEE AND LICENSE YEAR. The annual license fee and an investigation fee for the purposes of issuing a license shall be as set forth by City Council resolution. [The license fee and fee for the] A non refundable investigation fee [of the license shall] must be paid in full [when] before the application [is filed] for a new license is accepted. The initial license fee shall be paid in full, with cash, or a certified or cashier's check, before the license is issued. Renewal license fees shall be paid in full at the time of application for renewal. The investigation fee may be paid with a personal check. In the event that the application is denied or in the event that the license once issued, is revoked, canceled or surrendered, no part of the annual license fee or fee for the investigation for the issuance of a license shall be returned to the applicant unless by express action of the City Council. A separate license shall be obtained each year for each place of business. The licensee shall display the license on a prominent place in the licensed premises at all times. A license, unless revoked, is for the calendar year or a part thereof for which it has been issued. ORDINANCE NO. 2003-09 The fee for the investigation for issuance of a license must be tendered with each new application for a license and must also be paid at any time when there is a proposed change of ownership or reapplication for a license wherein additional or different parties other than the original licensee and parties are proposing to be licensed. All licenses granted herein are nontransferable. Section 49. City Code Section 23 -2003 paragraphs 2 and 3 are amended as follows: Section 23 -2003. PERMITS AND EXEMPTIONS. 2. Review of Permit. The [chief of police or the Chiefs designee,] City Manager's designee shall review the issuance of all police alarm permits. The [chief of police or the Chiefs designee,] City Manager's designee, in consultation with the Fire Chief, shall review the issuance of all fire alarm permits. 3. Process for Issuance of Permit. Upon receipt and determination of the fifth false police alarm report or the second false fire alarm report at an address, the [chief of police or the Chiefs designee,] City Manager's designee, after review, shall then assess the alarm user for an alarm user's permit. The alarm user must submit the required permit fee to the [Police Chief] City Manager's designee within thirty (30) working days after receipt of the assessment invoice, in order to continue to use the user's alarm system. Section 50. City Code Section 23 -2004 paragraph 1 is amended as follows: Section 23 -2004. REQUIREMENTS AND DUTIES. 1. Letter of Contestation. After the [chief of police or the Chiefs designee,] City Manager's designee determines that a false alarm has occurred at an address, the alarm user at that address may submit a letter of contestation to the [chief of police] City Manager's designee to explain the cause of the alarm activation. If the [chief of police] City Manager's designee determines that the alarm was caused by conditions beyond the control of the alarm user, the alarm will not be counted as a false alarm at that address. Section 51. City Code Section 23 -2007 paragraph 1 is amended as follows: Section 23 -2007. REVOCATION AND SUSPENSION OF PERMIT. 1. Basis for Revocation or Suspension. In addition to the automatic revocation process described in Section 23 -2003, the [chief of police] City Manager's designee may suspend or revoke any alarm user permit issued pursuant to this ordinance if the [chief of police] City Manager's designee finds that any of the following occur: ORDINANCE NO. 2003-09 All alleged violations defined above shall be investigated by the Police Department. The alarm user shall be given notice of the proposed revocation or suspension and be provided an opportunity to informally present evidence to the [chief of police] City Manager's designee prior to the final decision on revocation or suspension. Anyone aggrieved by the decision of the [chief of police] City Manager's designee may appeal that decision to the City Council. Section 52. City Code Section 23 -2009 paragraph 1 is amended as follows: Section 23 -2009. CRIMINAL PENALTIES. 1. Any alarm user, who continues to use an alarm system after receiving notice of revocation or suspension by the [chief of police] City Manager's designee, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine of not more than one thousand dollars ($1,000) or imprisonment not to exceed ninety (90) days or both, together with the costs of prosecution. Section 53. City Code Section 23 -2104 paragraphs A and B are amended as follows: Section 23 -2104. LICENSE FEE. A. The annual license fee for required licenses shall be as set forth by City Council resolution. The initial license fee shall be paid in full with cash, or a certified or cashier's check, before the license is issued. Licenses shall be issued for an annual period from July 1 through June 30 for each year hereafter, provided, however, that the initial license fee for each applicant shall be prorated as of the date of the application therefore. Said application for license shall then be presented to the City Council for consideration, and if approved, the City Clerk shall issue the license to the applicant. B. At the time of application for an operator's license the applicant shall pay in full an investigation fee as set forth by City Council resolution. If at any time an additional investigation is required because of a change of ownership or control of a corporation or partnership previously licensed, the licensee shall pay in full an additional investigation fee as set forth by City Council resolution. Investigation fees may be paid in cash or with a personal check and are [shall not be refunded] non refundable. Section 54. City Code Section 23 -2106 paragraph B is amended as follows: Section 23 -2106. INSPECTION. B. Each amusement device located in the City of Brooklyn Center shall be inspected by the [chief of police] City Manager's designee prior to approval for licensing, and an inspection report shall be forwarded to the City Manager. Upon notice by the operator to the [chief of police] City Manager's designee requesting an inspection and stating that one amusement device has been substituted for another under an existing license, pursuant to Section 23 -2108 hereof, said substituted amusement device may be operated unless license therefore has been denied by the City Council. ORDINANCE NO. 2003-09 An amusement device which is not being substituted for another pursuant to Section 23- 2108 hereof, shall not be operated until notice has been given by the operator to the [chief of police] City Manager's designee requesting an inspection, an inspection report has been forwarded to the City Manager, and a license issued. Refusal by an operator of the right of entry to the [chief of police] City Manager's designee during business hours for the purpose of a scheduled inspection, a requested inspection, or an inspection made upon probable cause, shall constitute grounds for revocation of all licenses for amusement devices held by the operator. Section 55. City Code Section 23 -2305 paragraphs a. and b. are amended as follows: Section 23 -2305. LICENSE FEE. a. The annual license fee is set by City Council resolution. b. Each application for a license shall be submitted to the City Clerk and payment made to the City. The initial license fee shall be paid in full with cash, or certified or cashier's check, before the license is issued. Renewal license fees shall be paid in full at the time of application for renewal. [Each application for a license shall be accompanied by payment in full of the required license fee.] Upon rejection of any application for a license, the applicant may be refunded a portion of the license fee in accordance with the fee resolution, except where rejection is for a willful misstatement in the license application. Section 56. City Code Section 23 -2306 paragraph a. is amended as follows: Section 23 -2306. INVESTIGATION FEE. a. At the time of the original application for a license, the applicant shall deposit the investigation fee set by City Council resolution. The investigation fee may be paid in cash or with a personal check. The investigation fee is non refundable. An investigation fee must be tendered with each new application for a license and must also be paid at any time when there is a proposed change of ownership or reapplication for a license wherein additional or different parties other than the original licensee andparties are proposing to be licensed. Section 57. This Ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this 11 day of August 2003. ATTEST: Date of Publication: August 21, 2003 Effective Date: September 20, 2003 (Underline indicates new matter, brackets indicate matter to be deleted.)