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Home My WebLink About2000-05 04-24 CCOCITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 24th day of April, 2000, at 7 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, to consider an ordinance relating to the location of secondhand goods dealers, pawnshops, currency exchanges, tattoo and body piercing establishments, and massage parlors. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the City Clerk at 763 -569 -3306 to make arrangements. ORDINANCE NO. 2000 -05. AN ORDINANCE RELATING TO THE LOCATION OF SECONDHAND GOODS DEALERS, PAWNSHOPS, CURRENCY EXCHANGES, TATTOO AND BODY PIERCING ESTABLISHMENTS, AND MASSAGE PARLORS; AMENDING BROOKLYN CENTER CITY CODE SECTIONS 23 -610, 23 -661, 23 -2309, 23- 2203, AND 23 -1709 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: as follows: Section 1. Brooklyn Center City Code Section 23 -610 (pawnbrokers) is amended 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, [or] massage parlor, 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; ORDINANCE NO. 2000 -05 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 (secondhand 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 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 •iece or .arcel of land as an of the followin 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, [or] body piercing establishment, 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 -2309 (tattoo and body piercing establishments) 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. ORDINANCE NO. 2000-Q5 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, [or] massage parlor, or another tattoo or body piercing establishment. Section 4. Brooklyn Center City Code Section 23 -2203 (currency exchanges) is amended as follows: 111 Section 23 -2203. RESTRICTIONS. All Currency Exchanges shall be operated and m aintained 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 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. ORDINANCE NO. 2000 =05' 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, [or] massage parlor, or another 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 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. ORDINANCE NO. 2000_-Q5 Section 6. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this 24th day of Apri 1 2000. ATTEST: Date of Publication Effective Date 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, school, day care center, church, hospital, on -sale liquor establishment, halfway house, theater or residence. 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. City Clerk May 3, 2000 June 2, 2000 (Strikeout indicates matter to be deleted, underline indicates new matter.)