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HomeMy WebLinkAbout2000-05 05-03 APSTATE OF MINNESOTA) for one May Notary Pkk SS. Subscribed and sword to or affirmed .efore me on this day of MERIDEL 1' HEDELOM NOTARY PUBLIC MINNESOTA MY COM MSSION EXPIRES 1.31-aoo5 (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law (3) Rate actually charged newspapers AFFIDAVIT OF PUBLICATION COUNTY OF HENNEPIN) Frank Chilinski, being duly swom on an oath states or affirms, that he is the publisher of the newspaper known as Sun -Post or the president's designated agent, and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached was published in the newspaper once each week, successive weeks; it was first published on Wednesday, the 3 day of 2000, and was thereafter printed and published on every Wednesday to and including Wednesday, the day of 2000; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being e size and kind of type used in the composition and publication of the notice: abcdefghijklmnopqrstu 2000. RATE INFORMATION 2.85 per line 6.20 per line 1.40 per line City of Brooklyn Center (Official Publication) CITY OF BROOKLYN CENTER CITY OF BROOKLYN CENTER NOTICE OF ORDINANCE ADOPTION ORDINANCE NO. 2000-05 AN ORDINANCE RELATING TO THE LOCATION OF SECONDHAND GOODS DEALERS, PAWNSHOPS, CUR- RENCY EXCHANGES, TATTOO AND BODY PIERCING ESTABLISHMENTS, AND MASSAGE PARLORS; AMENDING BROOKLYN CENTER CITY CODE SEC- TIONS 23 -610, 23 -661, 23- 2309, 23 -2203, AND 23 -1709 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Brooklyn Center City Code Section 23 -610 (pawnbrokers) 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 landas any of the following uses: a school day care center, church, hospital, on -sale liquor establish- ment, halfway house, currency exchange operation, theater, residence, secondhand goods dealer, tattoo establishment, body piercing establishment, [or] massage parlor. or anoth- er pawnshop: provided however. that a pawnshop and a sec- ondhand goods dealer may occupy a single licensed premis- es in common if both activities are licensed for that oremis- c. Where operation of a licensed premise would violate zoning ordinances; d. Where the applicant's present license was issued condi- tioned 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. Section 2. Brooklyn Center City Code Section 23-661 (sec- ondhand goods dealers) 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 anybusiness: 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 'n same legally subdivided lot: piece. or parcel of land as :ow of the following uses: a school or day care center if the sec- ondhand goods dealer will receive firearms or if located within 300 feet of a pawnshop, tattoo establishment, cur- rency exchange operation, massage parlor, [orl body pierc- ing establishment. or another secondhand goods dealer; provided however. that a pawnshop and a secondhand goods 1 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 condi- tioned 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 -2309 (tat- too and body piercing establishments) is amended as fol- lows: Section 2.92,)V)9. PLACES INELIGIBLE FOR LICENSE n a. No license shall be granted or renewed for operation on any property on which taxes, assessments, or other finan- cial claims of the state, county, school district, or city are due, delinquent, or unpaid. In the event a suit has been com- menced under Minnesota Statutes, Section 278.0 278.03, questioning the amount or validity of taxes, the City Coun- cil may on application waive strict compliance with this pro- vision; 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 noncon- forming use for tattooing and/or body piercing establish- ments. 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 estab- lishment 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 sub divided lot. niece. or parcel of land as any of the following 3'see: a c,wrch, school, day care center, hospital, on- sale liquor establishment, halfway house, currency exchange op- eration, theater, residence, pawnshop, secondhand goods dealer, [or] massage parlor or another tattoo or body pierc- ing establishment Section 4. Brooklyn Center City Code Section 23 -2203 (currency exchanges) is amended as follows: Section 23 -2203. RESTRICTIONS. All Currency Ex- changes 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. B. The window and door area of any existing first floor fa- cade that faces a public street or sidewalk shall not be re- duced, 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 prohib- ited. E. The premises, all adjacent streets, sidewalks, and al- leys, and all sidewalks and alleys within one hundred (100) feet shall be inspected regularly for purposes of removing any litter found thereon. E. The business premises shall not be so equipped as to en- j able 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. 11. The licensee shall not give away cigarettes or liquor to customers either free or in connection with a check cashing transaction. I. The business premisesxshall;not be located. within 300 feet of or in the same buildine as. or on the same legally sub- divided lot. piece. or parcel of land as any of the following nags: a school, day care center, church, hospital, on -sale liquor establishment, halfway house, theater, residence, pawnshop,; secondhand goods dealer, tattoo establishment, body piercing establishment, [or] massage parlor, or anoth- er currency exchange. Section 5. Brooklyn Center City Code Section 23 -1709 (massage parlors) 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. 2. Licenses shall be issued only if the applicant and all of its owners, managers, agents, employees or interested par- ties are free of convictions for offenses which involve moral turpitude or which relate directly to such person's ability, ca- pacity or fitness to perform the duties and discharge the re- sponsibilities 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 hcensurehave had a license revoked or sus- pended 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 an- swered 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 confor- mity with the zoning code of the City of Brooklyn Center. hla rx =h:1 x. a :e tco': hi; s' 300 feet of or in the same buildine as or on the same legal- ly subdivided lot. piece or parcel of land as a currency ex- chanee operation. secondhand eoods dealer. Dawn shop. tat- too or body piercing establishment. another massage parlor, school day care center. church. hosnital. on -sale liquor es- t: blishment. halfway house. theater or residence, 7. Licenses shall be granted only to establishments which can meet the safety, sanitary and building code require- ments 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.. Section 6. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publi- cation. Adopted this 24th day of April, 2000. Mayor Myrna Kragness ATTEST: City Clerk Sharon Knutson Date of Publication: May 3, 2000 Effective Date: June 2, 2000 (Strikeout indicates matter to be deleted, underline indi- cates new matter.) (May 3 2000)P1E Ord 2000 -05