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1980-12Bi11 1980-12 AMENDMENT TO CHAPTERS V, VI AND X 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 regulation of certain amusement and recreation activities is hereby amended by amending the following sections thereof: 1. Section 5.22 regulating and licensing general amusements is amended by amending subdivsion 4 thereof to read as follows: "Subd. 4. Approval. The application shall be pres"anted to the [council at its first meeting thereafter. and the council shall review such application. No license shall be issued unless approved by the council] city manager or his/her designate who shall review the matter and either approve or deny the license." 2. Section 5.22 regulating and licensing general amusements is amended by amending subdivision 5 thereof to read as follows: "Subd. 5. License Fees. Upon the payment of the license fees provided in Appendix D of this Code the clerk shall issue a license to the applicant whose application has been approved by the [council] city manager or his/her designate." B. Chapter V, Part III, Section 5.30 of the Ordinance Code of the City of Richfield dealing with the licensing and regulation of fortune tellers and related trades is hereby amended by amending subdivision 5 thereof to read as follows: "Subd. 5. Issuance-Review by Police Department. The application shall be submitted to the [chief of police] Director of Public Safety for in- vestigation and recommendation. The clerk shall then submit the application to the [council] city manager or his/her designate [which] who shall determine whether such application shall be granted." C. Chapter V, Part IV, Section 5.35 of the Ordinance Code of the City of Richfield dealing with the regulation and licensing of aircraft is hereby amended by amending subdivsion 4 thereof to read as follows: "Subd. 4. Approval, Issuance and_Revocation. The application shall be presented to the [council] citesmanager or his/her designate [which] who may either grant or deny the same. If the [council] city manager or his/ her designate grants a license, [it) he/she may impose conditions or limitations upon the granting thereof. Any such license may be revoked for failure to comply with this section or with any limitations or con- ditions so imposed." D. Chapter VI of the Ordinance Code of the City of Richfield dealing with the licensing of certain businesses snd trades is hereby amended by amending the following sections thereof: 1. Section 6.05 regulating and licensing scavengers is amended by amending .subdivisions 7 and 12 thereof to read as follows: "Subd. 7. Application for License. Application for a scavenger's license shall be made to the city clerk, shall be signed by the applicant and shall contain the name and address of the proposed license and of the owner and license numbers of the vehicle or vehicles to be used and equipment to be used. Such application shall be filed with the clerk who shall forthwith transmit the .same to the [director of public-works andj the [chief of police] Director of Public Saf- ety for approval. Each vehicle so used shall have a separate license. Upon approval by the [chief of police) Director of Public Safety [and the director of public works] the application shall be submitted to the {council] c manager or his/her designate for consideration." "Subd. 12. Bond Requirements. No license shall be issued until and unless the person, firm, association, partnership or corporation applying for such license first files with the city clerk a corporate surety bond in the principal amount of $2,000, conditioned upon the faithful performance by the applicant or his/her agents of all things required by this Code and is further conditioned so as to guarantee that said applicant restores all streets, alleys, or other public grounds, or sewers, manholes or appurtenances thereto to their former good condition to the satisfaction of the [council] city mana er, if any such public property is damaged by applicant or his/her agents in the course of operating as a scavenger." Z. Section 6.13 regulating and licensing soft drink vendors is amended by amending subdivision 2 thereof to read as follows: "Subd. 2. License Required. No person shall sell, nor offer for sale by means of vending machines or otherwise, any soft drinks within the city without first obtaining a license from the city manager or his/ her designate." 3. Section 6.15 regulating and licensing transient merchants is amended by amending subdivision 6 thereof to read as follows; "Subd. 6. Duration of License. Upon approval of any license application, the [council] city manager or his/her desi~ate shall specify the period for which the license is valid. Such period shall not exceed the period remaining in the calendar year in which the license is issued." 4. Section 6.18 regulating and licensing Christmas tree sales is amended by amending subdivision 2 thereof to read as follows: "Subd. 2. License Required. No person [within the city] shall [give away, trade, barter or] sell at retail any Christmas tree without first having secured a license. The license required by this section shall be issued b the cit manager or his/her designate." -2- 5. Section 6.21 regulating and licensing taxicab drivers is amended by amending subdivision 8 thereof to read as follows: "Subd. 8. Investigation and Issuance. Each application shall be referred to the [chief of police] Director of Public Safety who shall investigate the applicant and make a report to the [council based on his findings] person issuing such licenses. The [council] city manager or his/her designate shall act on the application." E. Chapter X, Part II of the Ordinance Code of the City of Richfield requiring licenses for the keeping of certain animals is hereby amended by amending the following sections thereof: 1. Section 10.06 regulating and licensing keeping of nondomestic animals is amended by amending subdivision 4 thereof to read as follows: "Subd. 4. Temporary Permits. The city~[council] manager or his/her designate may grant temporary permits, for a period not to exceed 60 days, for the keeping of any nondomestic animals for use in connection with an exhibition or seasonal display thereof, provided that [the - council] he/she finds that such animals are not likely to be dangerous; that they will be kept in safe and sanitary surroundings; that they will not be maintained in any inhumane manner or be subjected to in- humane tretement; and that their presence on the premises will not be a source of nuisance or annoyance to the occupants of adjacent property. In granting such permit the [council] city manager or his/her designate may impose limitations upon the permit to insure that such animals will be kept under such conditions. It shall be unlawful for any person having such a permit to keep such animals without maintaining such conditions or without abiding by the limitations imposed [by the city council]. Any such permit shall be subject to immediate suspension by the city manager if he/she determines that such animals constitute a safety or sanitary hazard, are being subjected to inhumane treatment or conditions, or a source of nuisance, and such suspension shall remain in effect until the subsequent meeting of the city council. At such meeting the city council may revoke such permit or may reinstate the same subject to such limitation as the council shall deem necessary. The permit fee for any such permit shall be as provided in Appendix D of this Code." F. Chapter V, Part I, Section 5.11 of the Ordinance Code of the City of Richfield dealing with the disapproval of licenses is hereby amended to read as follows: "5.11. Disapproval of Zicense. [The clerk may provisionally disapprove any license application when disapproval is necessary to the fair ad- ministration of this chapter, Chapter VI, or any other provisions of this Code. The council has authority to give final disapproval.] In all cases under this code where the city clerk, the city manager or his/her designate has been iven the authority to issue_license__s~ any applicant aggrieved by action that person denying such license_ may apply to the city council for a hearing to determine whether `the license should be issued." -3- Passed by the City Council of the City of Richfield this 27th day of May, 1980. onald J. Priebe ayo Attest: Sy is K. Bergh Acti City Clerk .. -4- i I._ _ i ~ SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION RICHFIELD SUN 9615 Lyndale Avenue South State of Minnesota County of Hennepin (Official Publication) •AMENDMENT TO CHAPTERS ViiYI AND X OF THE ORDINANCE COI O ,THE CITY OF RICHFIELD CITY OF RICHFIELD - OAS ORDAIN': A. Chapter V, Part II o • Ordinance Code of the City of Richfield deal with the regulation.;., stain amusement and recreation activities hereby amended by. ing-the following sections thereof: 1. Section 5.22 raga}' Wand licensing general amusements is amenc by amending au h 4;thereof to read as follows: "Sub. 4. Approp application shall be presented to the [council Its first meeting"sailers and the council shall review such a~plic lion. No license sl be Issued unless approved by the counc)1] c manager or 6fb/baF;designete who shall review the matter and alit approve or deny O1~dhoenae." 2. Section 5.22 regu and licensing general amusements is amend by amending subdivist ,;hereof to read as follows: "Subd. 5. License Fee~j Upon the payment of the license fees provided Appendix D of this Code`the clerk shall issue a license to the applicant who application has been approved by the [council] city manager or his/h designate." H. Chapter V, Part III, Section 5.30 of the Ordinance Code of the City Richfield dealing with the licensing and' regulation of fortune tellers ai related trades is hereby amended by amending subdivision 5 thereof read as follows: "Subd. 5. Issuance-Review by Police Department. The application shs be submitted to the [chief of police]] Director of Public S6tety fi Investigation and recommendation. 1`he clerk shall then submit tl application to the [council] city manager orhis/her designate [whfch] wt shall determine whether such application shall be granted." C. Chapter V, Part IV, Section 5.35 of t'he Ordinance Code of the City ~ Richfield dealing with the regulation and licensing of aircraft is beret amended by amending subdivision 4 thereof to read as follows: Bloomington, Minnesota "Subd. 4. Approval, Issuance and Revocation. The application sh 11 h D. K. MORTENSON, being duly sworn, on oath says he is and during all times here stated has been t vice president and general manager of the newspaper know as The Richfield Sun and has full knowled of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspap format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Sa newspaper is a weekly and is distributed at least once every week. (3) Said newspaper has 50% of i news columns devoted to news of local interest to the community which it purports to serve and does n wholly duplicate any other publication and is not made up entirely of patents, plate matter a advertisement. (4) Said newspaper is circulated in and near the municipalities which it purports 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 secon class matter in its local post-office (5) Said newspaper purports to serve the City of Richfield in t County of Hennepin, and it has its known office of issue in the City of Bloomington in said count established and open during its regular business hours for the gathering of news, sale of advertisemen and sale of subscriptions and maintained by the managing officer of said newspaper or persons in i employ and subject to his direction and control during all such regular business hours and devot exclusively during such regular business hours and at which said newspaper is printed. (0) Sa newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspap is made available at single or subscription prices to any person, corporation, partnership or oth unincorporated association requesting the newspaper and making the applicable payment. (8) Sa newspaper has complied with all foregoing conditions for at least one year preceding the day or dates publication mentioned below. (9) Said newspaper has filed with the Secretary of State of Minnesota psi to January 1, 1966 and each January 1 thereafter and affidavit in the form prescribed by the Secrets of State and signed by the managing officer of said newspaper and sworn to before a notary public stall that the newspaper is a legal newspaper. presented to the [council] city manager or his/her designate [which] wh may either grant or deny the same. It the [council] city manager a hie/her designate grants a license, [it] he/she may impose conditions c limitations upon the granting thereof. Any such license may be revoke for failure to comply with this section or with any limitations or condition so imposed." D. Chapter VI of the Ordinance Code of the City of Richfield dealing with th licensing of certain businesses and trades is hereby amended by amendin, the following sections thereof: 1. Section 8.05 regulating and licensing scavengers is amended b amending subdivisions 7 and 12 thereof to read as follows: ' "Subd. 7. Application for License. Application for a scavenger's license shall be made to the city clerk, shall be signed by the applicant and shal contain the name and address of the proposed license and of the owner he and license numbers of the vehicle or vehicles to be used and equipmen ge to be used. Such application shall be filed with the clerk who shal er forthwith transmit the same to the [director of public works and] the [chief of police] Director of PuDllc Safety for approval. Each vehicle sc id used shall have a separate license. Upon approval by the [chief of is police] Director of Public Safety [and the director of public works] the of application shall be submitted to the [council] city manager or his/he1 designate for conaideratlon." nd "Subd. 12. Bond Requirements. No license shall be issued until and to unless the parson, firm, association, partnership or corporation appply- % ing for such license first files with the city clerk a corporate auretybond d in the principal amount of ;2,000, conditioned upon the faithful per- formance by the applicant or his/her agents of all things required by he this Code and is further conditioned so as to guarantee that said y applicant restores all streets, alleys, or other public grounds, or sewers, is manholes or appurtenances thereto to their former good condition to the satisfaction of the [countil] city manager, if any such public property is is damaged by applicant or his/her agents in the course of operating as a ed scavenger." id 2. Section 8.13 regulating and licensing soft drink vendors is amended by er amending subdivision 2 thereof to read as follows: er "Subd. 2. License Required. No parson shall sell, nor offer for sale by means of vending machines or otherwise, ally soft drinks within the city id without first obtaining a~licenae from the city manager or his/her of designate." or 3. Section 6.15 regulating and licensing transient merchants is amended by ry amending subidvision a thereof to read as follows: ng "Subd. 8. Duration of Llcenae. Upon approval of any license application, the [council] city manager or hla/her designate shall specify the period for which the license is valid. Such period shall not exceed the period remaining iu the calendar year in which the license is issued." 4. Section 8.18 regulating and licensing Christmas tree sales is amended Amendment B 111 19 8 0 -12 by amending subdivision 2 thereof to read as follows: He further states on oath that the printed "Subd. 2. License Requires. No person [within the city] shall [glue hereto attached as a part hereof was cut from the columns of said newspaper, and was printed havingtseeuredaatlicense9 Thetllcetnse req iredsby thisraec ionhshall be Issued by the city manager or hie/her designate.^ . 5. Section 8.21 reggulating and licensing taxicab drivers is amended by amending subdivision 8 thereof to read as Follows: and published therein in the English language, once each week, for Onesuccessive weeks; to the [chlePoftpolice] Dtr etor of Public Safely who shall nvesiigate the applicant and makg a report to the [council] city manager orhis/her designate shall act an the application." E. Chapter X, Part II of the Ordinance Code of the City of Richffeld requiring Wed. 4 June 80 licenaea;for~the keeping of certain animals is hereby amended by that it was first so published on the day of 19 amendinge(Eollowin sections thereof• and was thereafter printed and published on every and includi the day of 19 and that the following is a printed co of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size a kind of type used in the composition and publication of said notice, to wit: abcdefghijklmnopgrstuvwxyz 1 4 June 80 Subscribed and sworn to before me this day of 19 ` "~,~ MERIDEL M. HEDBLOM NOTAkY PUBLIC -MINNESOTA H;:NNEPIN COUNTY My ccmmission expires July 2, 1986 .w.n_.....r..n 1. Secti0le .A8 regulating and licensing keeping of nondomestic animals is ame:ndrGy amending subdivision 4 thereof to read as follows: "Sti':Temporary Permits. The city [council] manager or his/her deaf may grant temporary permits, for a period not to exceed 80 nl days;':for the keeping of any nondomestic animals for use in connection with an e$hlbition or seasonal display thereof, provided that [the council] he/she finds that such animals are not likely to be dangerous; 'that they will be kept in safe and sanitary surroundings; that they will not be maintained in any inhumane manner or be subjected to Inhumane p treatment; and that their presence on the premises will not be a source n of nuisance or annoyance to the occupants of adjacent property. In granting such permit the [council] city .manager or his/her designate may impose limitations upon the permit to insure that such animals will be kept under such conditions. It shall be unlawful for any person having .such a permit to keep such animals without maintaining such conditions or without abiding by the limitations imposed [by the city council). Any such permit shall a subject to immediate suspension by the city manager iF he/she determines that such animals constitute a safety or sanitary hazard, are being subjected to inhumane treatment or conditions, or a source of nuisant~, ana such suspension shall remain in effect until the subsequent meeting of the city council. Mauch meeting the city council•tna revoke such permit or may'r-einstafe the same subject to such miTation as the council shall deem necessary. The permit fee for any such permit shall be as provided in Appendix D of this Code." F. Chapter V, Part I, Sectfgn 5.11 of the Ordinance Code of the City of Richfield dealing with the"disapproval of licenses is hereby amended to read as follows: '5.11. Disapproval of Llcenae [The clerk may provisionally disapprove any license application wh ' disapproval is necessary to the fair administration of this chapter, spier VI, or any other provisions of this Code. The council has author! to five final disapproval.] In alhcases under this code where tbe;; y clerk, the city manager or his/her designate has been ive4'f~e: thorny to issue licenses, any applicant aggrieved'by actios~t enying such license may apply to the city council for a hea 'td ne whether the license should be Issued." Passed by the C1tyColm df' City of Richfield this 27th day of May 1980. ~ DONALD J. PRIEBE Attest: Mayor SYLVIA K. BERGH Acting City Clerk (June 4, 1980)-RICH