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1980-08- ~ Bill 1980-8 ~: AMENDMENT TO CHAPTER V, PART II, AND APPENDIX D OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD CITY OF RICHFIELD DOES ORDAIN: A. Chapter V, Part II, of the Ordinance Code of the City of Richfield dealing with the licensing and regulation of certain types of amusement and recreation is hereby amended by adding thereto the following new section: ~ .. 5.22 A Musical Concerts ~ - - - .;~.. _ _ Subdivision 1. Definition. For the purpose of this section, the term "musical concert" shall mean and be limited to a live musical performance by a single performer or by ~.t group of not to exceed three perforniers, which is conducted and observed entirely indoors. Subdivision 2. License. No person shall conduct a musical concert without first having obtained a license to do so. Subdivision 3. Application. Any person desiring to obtain a musical concert .license shall make application to the City Clerk upon the forms provided for that purpose. The application shall be accompanied by the license fee established in Appendix D of this Code. Subdivision 4. Approval. Each application shall be reviewed and appr~wed or disapproved by-the City Council. Subdivision 5. License Duration. The license granted under this section shall permit only one musical concert. The applicant may request multiple licenses in the same application. Subdivision 6. Conditions Governing Licensure. The following conditions govern the licensure of musical concerts under this section: (1) b4usical concerts may be conducted only in the commercial districts of the city: (2) Not more than 50 persons may attend any single musical concert. (3) The licensee shall prohibit the consumption of alcoholic beverages on the premises. (4) Dto instrumental or voice amplification may be used. Electrified instruments must be kept at such a volurne level that sound is not transmitted to neighboring properties. (5) Only one musical concert may be performed per day on the licensed premises and such performance may occur only between the hours of 12:00 noon and 11:00 p.m., but the council may further restrict or extend the author- ized hours of performances as deemed appropriate. (6) Adequate parking shall be available to the licensed premises to --~--- accc~~date any anticipated traffic generated by the licensed activity. (7) The licensee shall be responsible for maintaining order on all parts of the licensed premises. (:8) The licensed activity shall be conducted in such a manner ' and located in such a place as to be unlikely to result in injury or damage to persons or property in the neighborhood or be injurious, annoying or-disruptive to patrons of other businesses located in the area. Subdivision 7. Revocation or Suspension of License. The license may be revoked or suspended by the City Manager whenever the licensee, its owner, manager, employees or agent .has engaged in any of the following conduct: (1) Fraud, deception or misrepresentation in connection with the securing of a license. (2) Conduct inimical to the interests of public health, safety, welfare or morals. (.3) Conduct involving moral turpitude. (.4) Conviction of an offense involving moral turpitude by any court of competent jurisdiction. {5) Failure to comply with. any of the provisions of this section or engaging in conduct which would be grounds for denial of an initial application for licensure. The matter shall then proceed as provided in Richfield Ordinance Code X5.14 Subd. 4. B. .Appendix D of the Ordinance Code of the City of Richfield establishing fees for various licensed activities is hereby amended by adding to Section S. thereof the following paragraph: "TYPE OF SECTION FEE LICENSE REQUIRING SCHEDULE FEE (12) Musical Concert 5.22 A Per Event $5.00" .~ Passed by the City Council of the City of Richfield, Minnesota this 10th day of T~arch , 1980. ~,- Donald Priebe, Mayor ATTES T f ~_ Syl ~a K. ergh, Acti ity Clerk 1 it AME~I1t~)~T TO CHAPTER Y, P CITY OF RICI`iIFiELD DOES ORDAI] NEWSPAPERS AFFIDAVIT OF PUBLICATION RICHFIELD SUN 9615 Lyndale Avenue South State of Minnesota County of Hennepin Bloomington, Minnesota DON R. CARSON, being duly sworn, on oath says he is and during all times here stated has been the president and printer of the newspaper known as The Richfield Sun and has full knowledge of the facts 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 every week. (3) Said newspaper has 50% 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 municipalities which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% 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 Richfield in the County of Hennepin and it has its known office of issue in the City of Bloomington in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours and at which said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper is made available at single or subscription prices to any person, corporation, partnership or other unincorporated association requesting the newspaper and making the applicable payment. (ii) Said newspaper has complied with all foregoing conditions for at least one year preceding the day or dates of publication mentioned below. (9) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter and 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. He further states on oath that the printed-_111 19 g O- 8 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, forC~TIA successive weeks; that it was first so published on~~'~-the 19 day of March ly 8 O and was thereafter printed and published on 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: abcdef ghijklmnopgrstuvwxyz s~--- p5p Subscribed and sworn to before me this 1.9 day of March lg $ O jj ~°~"'` MERICEL M. HEDBL4M '`" ~10TARY PUBLIC • MINNESOTIy '~ F{EtSt~1EPIN COUNTY My commission expires July 2, 1986 A. Chapter Y ~~{,t II, of the Ordinance types of atiid~errYpnt and recreation is 5~.y7~2A ~ Concerts S41ldivisi 't.'Deflnition. For the F a live mttsic rfprmaneaby a singlE and observed ~~ppt,irely indoors. Subdivision ~: Llcense. No person ; Subdivision 3: Application. Any pe City Clerk upoin the forms provided established intl+Ppendix D of this Code Sultdivi~i0 9. Approval. Each app Sub$tvt~ion~yc, Llcenae Duration. T: applicant may request multiple license Subdivision B. Conditions Governls under this section:; (1) Musical concerts may be conduc~ (2) Notmoce'than 50 personsmay at (3) The licensee shall prohibit the co (A) No instrumental or voice amplifi level that sound is not transmitted to (5) Only one. musical concert may t occur only%~ between the hours of 12: authorized hours of performances as (6) Adequate„parking shell be avs generated by't a licensed activity. (7) The license shall be responsible (8) The licensed activity shall be cool in injury or damage to persons or prod other businesses located in the area. Subdivision 7. Revocation or 3uape~ whenever the Licensee, its owner, mans (1) Fraud, deception or misrepresent (2) Conduct inimical to theinterests~ (3) Conduct involving moral turpitud (a) Conviction of an of[ense involving (5) Failure to comply with any of the denial of an ittitiad application for lice The matter shall then proceed as pro B. Appendix D of the Ordinance Cade o amended by adding to Section 5 thereof "TYPE OF SECTI LICENSE REQU: (12) Musical Concert 5.22A Passed by the City Council of the Ci ATTEST SYLVIA K. BERGI~ Acting City Clerk '4 J~