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HomeMy WebLinkAbout1982-05 05-06 AP BROOKLYN CENTER POST AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN SS. Richard Germundsen, being duly sworn, on oath says he is and during all times nerein stated has been the vice- President of The Post Publishing Co., publisher and printer of the newspaper known as BROOKLYN CENTER POST and has full knowledge of thefacts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and Sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation currently paid or no more than Three months in arrears and has entry as second -class matter in its local post office. (5) Said newspaper purports to serve the CITY OF BROOKLYN CENTER in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main- tained by the managing officer of said newspaper or persons in its employ and subject To his direction and control during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all The foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. ylr H 7 riher states on oath that the printed ........c.,.,� ......e� hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in The English language, once each week, for...... successive weeks; that it was first so published on the.. 'dayof.. t.rf 191f and was thereafter printed and publishedon every To and including the day of 19 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghijklmnopgrstuvwxyz -51/z pt. Sans I s Subscribed and sworn to before me this..../..". L........... day of......... c A. D., 19 (NOTARIAL SEAL) Notary Public ........................County, Minnesota My Commission Expires .......................19...... No Affidavit of Publication OF Published in BROOKLYN CENTER POST 8801 Bass Lake Road MINNEAPOLIS, MINNESOTA 55428 DATE OF PUBLICATION ATTORNEY FILED BROOKLYN CENTER POST 1��1 CITY OF BROOKLYN CENTER Nohce 13 hereby glverr thaf a publlc, hearing will be held on the 24th day of May, 1982 atA30 p, ;a phe.Clty Hall, 6301 Shingle Creek Parkway, to con- Sider an a m t to the CCity Ordinances regulating and licensing °i "i ORDINANCE NO. A,'OR131(Y' 4�E 4MENDING CHAPTER 23 OF THE CITY ORDINANCES REGARDf REGlL"ATING AND LICENSING AMUSEMENT DEVICES THE Ci7 (INC, L OF THE 'CITY OF' BROOKLYN CENTER DOES OROAih) AS`'FOLLOVV S<+tion 1'! Ohapter23 of the City Ordinances of the City of Brooklyn Center iy -by amemJed d Hie following manner, ion 23-De LICENSE FEES: The fees for the various licenses shall be as..., einaftel,ajgted, notwithstanding other ordinance provisions regarding. the Specific -fa C. Amusement centers shall be subject to th! provisions of Section '35 220 of V. t t ,1 'Required Fee, annual theciy Ordinances provided the property on which the amusemaMteer by license is tobe located is not within 150 feet of any residentially zoned (R) through 11 unless otherwise Type of L) en Section Expires stated R7)'property, Amusemer' 23 -2301 June 30 D. I leonsed amusement devices designed fer_and used exclusively as rides Operafo> i S +l O Ac 75 per machine "f6r kh'Idren -mey be located in any place or upon any premises approved Vender $150 by the City Council. Section 234`IQ1 AICWt9E REQUIRED. SP n 23 -2110. USE FOR GAMBLING. A. No opera*o .Jlf e4 herein shall keep, operate, maintain or permit fo be if be unlawful for the owner of any amusement device, or for the owner operateds�Ml0410elned upon premises *,,thin his direct or indirect control W rotor of any establishment where it is located, to knowingly permit the (Itithin,thfc F�i4lZ o6 rrooklyn Center, an'y amusement device, unless such saa.e to be used for gambling or for the making of bets or wagers. person; fiirmfowpoonsh(p or:corporatton shall have first procured a Section 23.2111. PAY -OFFS: Llcegse` t0r provided. It shall be unlawful for the licensee or for -the owner or operator of the B. N,a yenfl}i Herein shall provide an amusement device or devices establishment where any amusement device is located to give any money, To a i1 token, merchandise or any other thing of value or reward or price in lieu usement center located within the City of Brooklyn Cehtel*M1 ventlor Shall have first procured a License as of free games registered on such device, and all free games so registered hereinaftefa shall be played on the device registering such free game, and there shall be no Section 5 13,4%1 f0'ONS Mechanism on the amusement device whereby the operator can cancel A. "Amusam $heoperation of one or more amusement devices registered free games. (except Ifolykillesfylm} tfgranAu sed. exclusively as rides for children) asa Section 23-2112. AUTOMATIC PAY-OFFS. princ(pate, �padaeY <uie for use by non employees upon It shall be unlawful for any person to keep, maintain, sell or permit to be commer willp a other Than those listed in Section 23 -2109 Subd. 2, operated any amusement device which has been converted into an automatic subject tq_e#) Use perS iit requirements of Section 35.220 of the City Pay -off device which shall automatically award money, prizes, tokens, Ordinan merchandise, gifts or anything of value, other than free games to the operator 8. "Vendor' �A 1, firm; or corporation which owns one or or player of such amusement device. It shall be unlawful to convert any more am device and which provides such devices to an amusement device into an automatic pay-off device. amusemenr =409riltor) or -to the operator (manager or owner) of an Section 23 -2113. DESTRUCTION OF ILLEGALLY OPERATED MACHINES. establishnlen�el(sodtattave amusement devices on his/her premises Any amusement device knowingly used by the owner in violation of Section .'for•publiC.U�sq „1T i1 r+tifrxc 23 -2110, 2111 or 3112 of this Ordinance may be seized *and destroyed in com- C. "Amusement 1.DeyIcg T? T,he g}rm amusement device as used herein pliance with the provisions of the Statutes of the State of Minnesota relating to means any; pmusemonf the following types: gambling devices: (I) A maching or t:ontriVaiti3a} Including "pinball” machines, electronic Section 23 -2114. CERTAIN AMUSEMENT DEVICES NOT LICENSED. or video ginnei)IInethafiidaf +miniature pool tables, bowling machines, The licensing provisions of this Ordinance shall not apply to any of the shuffle boards, electric title or gun, ranges, miniature mechanical follo`v)ng amusement devices: or electronic devices+ "arKaames or amusements patterned after (ir `amusement device held or kept for sale or storage and' which baseballk basketball,• iackoy and :similar games and like devices, A actually in use or displayed for use.; ma4hinef, or lIpM l may be played solely for amusement (2) amusement device used for private, non commercial purposes and not as a gam ing device and which devices or games are such as home use. played by the insertion of aoin(s) or token(s) or at a fee fixed and (3) Any amusement 'located on commercial or industrial premises charged! by the establishment in which such devices or machines" in 'l unch rooms, break rooms, employee cafeterias or recreation :fi ara locaied, and contain no automatic payoff devices for the rooms which is provided for employees use and not available for return,of in*"ps' merchandise, checks, tokens or any other use by the general public. thing `or item off va ue; provided, however, that such machine may Any amusement device located in a recreation tenter or recreation be ippedto permit a free Play orgame. room in a multiple family or townhouse residential complex which (''t•A etnent :d #vices designed for and used exclusively as rides for is provided for use by residents and their guests and is not available h sgi ',a*,_ but tat fimited to, kiddie cars, miniature air for use by the general public. fa (cal rses and other miniature mechanical Section 23 -2115. AMUSEMENT DEVICES RESTRICTIONS AND LICENSE. i de as a' t of or in, connection with any carnival, REVOCATION. circus, w. or other entrainment or exhibition. A. It shall be the responsibility of the operator: D.. !'Operator' A person,: firm, p�tnership. or corporation which. manages (1) To prevent the harassment of any person in or adjacent to The and/or own °premises on whico •one or more amusement devices are licensed premise by patrons of the licensed premise; availabfgforuseby t ployedby the ooerator. (2) To provide adequate and unobstructed Ingress, egress and, park Ev. "Licjneetl Premise" i upon which licensed amusement devices ing areas adjacent to the licensed premise; are used 6eiiifended o (3) To prevent the frequenting and the use. of the licensed premise by loud, boisterous and disruptive persons; sectiop $3G2103, APPLICAT)ON F R LICENSE. (4) To prevent the frequenting and the use of the licensed premise i fpa oingl mfermatl A. re is License. applicat on for an operator's license shall contain by persons who engage in acts of vandalism and destruction of (1) feh Name$address,a a p(aceofbirthoftbeoperator. property in and about and adjacent to the licensed premftaj (51, ?a prevent conduct by patrons of the `I)censW, preosta�.whkh' (23 Prior "misdetaltagpr or felony convictions of the operator, if any, has an adverse eNect on adjaaent praperyf but excludin violations. ej 't o maintain ardor on the licensedprenlisaat all ttmes) (3)' Prior onflUlil xperience of a supervisory nature. (4) Address ;wiff isle where amusement device is to be diS- t7) To, ensure that the; licensed premise do not become ove(�rgwdBY _1 played or opond ed and the primary business conducted at that so es to cohsfifufe a hazard to the health or safefy> -of tlersbhs, (S) O�wlszr of °premises. therein by order o the City M nager" umber of persons permitted ,(6) If the,lpterest of the ,operator be shat of a corporation or. other (8)To:'provide full -time adult supervision- upon the licensed premise bosine,4•enfity, the names of any persons having a five percent during business hours; (5 percent) or more interest in said business entityshall be listed. (9) To ensure that each amusement device on the licensed premise has (7) Name and address of amusement device vendor (if applicable) and been licensed pursuant to this ordinance and that the license is a copy of lease agreement, exclusive. of confidential financial in- posted in a conspicuous place on the licensed premise. 'formation. (10.) To comply with the provisions of Section 19 -305 of the City Ordinances.: (a) Number and type of amusement devices to be maintained on B. It shall be unlawful for any operator to operate the licensed premise so as premises. to constitute a public nuisance under City Ordinances, Statutes of the State B. Vendor's License. The application for a vendor's license shall contain the of Minnesota, or the Common Law. following information- C. It shall be unlawful for any operator to sell, offer for sale, knowingly (1) Name and address of vendor. permit to be sold or offered for sale, to be dispensed or consumed, or to (2) Location or locations where amusement devices will be used. permit to be brought into the licensed premise, any alcoholic L Je or (3). Prior rmisdemeanor or,. felony convictions, If any, but _excluding_ controlled substance defined in Chapter 152 of Minnesota Statutes, or to traffic violations. knowingly permit any, illegal activity on the licensed premise without (4) If the interest of the vendor be that of a corporation or other immediately notifying the Brooklyn Center Police Department of such business entity, the names of any persons having a five (5 percent) illegal activity, provided, however, that the prohibitions in this section' or more interest in said business entity Shall be listed. ri 4 �ding alcoholic beverages shall not apply to licensed liquor establish Section 23 -2104: LICENSE FEE. r as set forth in Section 23.2109 Bill. A The a license fe e fo required licenses shall be as set forth in Section D. L Operator and Vendor,, in making application for a license e o of City Licenses shall be issued for an annual peribd hereunder, acknowledges that the license is a personal privilege and doer! from July 1st through June 30th for each year hereafter, provided, how• not constitute property, and is not transferable. ever, that the initial license fee for each applicant shall be prorated as of E. Any violation of this Ordinance, or any failure to comply with any the date of the application therefore. Said application for license shall then provisions of this Ordinance, or any failure to comply with any conditional be presented to the City Council for consideration, and if approved, the restriction of any special use permit issued 'with respect. to the licensed City Clerk shall issue tfie license to the applicant. premise, is hereby deemed to be adequate grounds for revocation of the B. At the time of application for an operator's license or vendor's license the license for all amusement devices on the licensed premise, orinthe case of applicant shall pay in full an investigation fee in the amount of $100. If at a vendor, on all amusement devices provided to licensed premises within any time an additional investigation is required because of a change of the City of Brooklyn Center. ownership or control of a corporation or partnership previously licensed, Section 23- 2116.. SEVERABILITY., the licensee shall pay in full an additional investigation fee in the amount If any part of this Ordinance shall be adjudged to be invalid by a Court oV 'of $50. Investigation fees shall not be refunded. competent jurisdiction, such judgmentor decreeshall notaffector impair the Section 23 -2105. INSURANCE. remainder of this Ordinance. The operator shall also Submit with his application a policy of liability in- Section 23.2117. PENALTY. surance applicable to death or injury cause by the operation of the licensed Any person who violates or fails to comply with any provision of this Ord(- amusement device or the premises upon which it is located in the minimum nance shall be guilty of a misdemeanor and subject to a fine not to exceed,, amounts of $100,000.00 for injury to or death of any person or $300,000.00 5500.00, or Imprisonment for a period not to exceed ninety (90) days, with for one accident. costs of prosecution to be added. Such penalty may be imposed in addition to Section 23 -2106. INSPECTION' revocation or suspension 'of license. The licensee under this Ordinance,, Q. Application for license shall be made in duplicate and one copy shall be whether or not he is in direct control of an amusement device described in' referred to the City Manager or his/her designated inspector who shall Section 23 -3103 hereof, or the premises upon which said amusement device fs investigate the location wherein it is proposed to operate such amusement located, may be charged under this Ordinance for any violation thereof, by device, ascertain if the applicant is a person of good moral character, and virtue of his indirect control of said amusement device and premises,,, recommend either approval or disapproval of the application. No license resulting from his being the licensee. shall be approved by the City Council until the recommendation of the City Section 2. This ordinance shall become effective after adoption and upon Manager has been considered. thirty (30) days following its legal publication. B. Each amusement device located in the City of Brooklyn Center shall be Adopted this day of 19 inspected by the Chief of Police prior to approval for licensing, and an Mayor 'inspection report shall be forwardedto the City Manager.,Upon notice by ATTEST* the Operator to the Chief of Police requesting an inspection and stating Clerk that one amusement device has been substituted for another under an Date of Publication existing license, pursuant to Section 23 -2108 hereof, said substituted Effective Date amusement device may be operated unless license therefor has been do. (Boldface indicates new matter, parentheses indicate matter to be deleted)ci Mad by the City Council. An amusement device which is not being substi- Published in The Brooklyn Center Post May 6, 1982.) tuted for another pursuant to Section 23.2106 hereof, shall not be operated until notice has been given by the Operator to the Chief of Police request- ing an inspection, an Inspection report has been forwarded to the City N` eager, and a license issued. Refusal by an Operator of the right of to the Chief of Police during business hours for the purpose of 'a .Iuled•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 23- 2107. DISPLAY 'OF LICENSE. The license herein provided for shall be posted permanently and con- spicuously at the location of the amusement device in the premises wherein the device is to be operated or maintained to be operated Section 23- 2108.. TRANSFERABILITY, A. One amusement 'device may be substituted for another similar amusement device under a single license provided that the number of amusement devices shall not exceed the number approved under the license. B. Operator's licenses are issued for one location only and such licenses are noldransferable,between locations. 'Section 23- 2109.: LOCATION OF AMUSEMENT DEVICES. A. No amusement device shall be ]*cat p)aced, maintained or operated on any public street, avenue, boulevard, Ian or alley within the City. No amusement device shall be located on private property in such a manner as to block or interfere with established driving lanes, parking places, fire lanes, exitways or walkways nor shall-an amusement device be located so that its operation will create a nuisance. B. Licensed amusement devices shall be allowed to be located as secondary or incidental uses in the following commercial establishments:_ (1) establishments bolding: an on -sale non- intoxicating liquor license, an on -sale intoxicating liquor license, an wine license or an on -sale club license. (2) eating establishments including eating establishments offering live _entertainment, but excluding; convenience food restaurants and drive -in eating establishments. (3) recreation centers. (4) motion picture theaters. (5) bowling establishments. °(6) athletic clubs... (7) health spas. (8) hotels and motels. (9) clubrooms and lodges. (10) other retail operations provided the property on which the amuse- ment device is to be located is not within 150 feet of any resi- dentially zoned (RI through. R7) property.