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1953-3.30 1..~ ORDINANCE N0. 3.30 1 AN ORDINANCE PRaVIDING FGR THE LICEUSING AN~9 REGULATING OF I TIN ERART T CARN IVAIBS AND Rt~AD S HGi~TS IN THE VILLAGE (~' RICHFIELD. ` The Vi7.lage Co~.ci1 of the Village of Richfield do ordain as follows 1. No person, firm or corporation shall engage in the business of keeping, maintaining, conducting, operating or exhibiting any itinerant carnival, street show, street fair, sideshow, circus, or any similar enterprise in the Village of Richfield without first obtaining a license to do so from the Village Council as hereinafter provided. 2. An itinerant carnival, street show, street fair, sideshow, circus, or other similar enterprise, within the meaning of this ordinance shall include any such enterprise which is held, operated or carried on in the out-of-~.oors or in temporary structures or tents upon or within any public or private ground, at which there congregates and assembles, with or without the payment of ~an admission fee, a gathering of people. This ordinance shall not apply to enterprises oonsisting entirely of amusement rides; refresYunent stands; educational exhibits of local origin not eia.stomarily used in connect~.on with any such itinerant carnival, street show or similar enterprise; or any combination of these. 3. Any person, firm or corporation desiring to engage in any activity fox' which a license is required by this ordinance, shall first make application to the U'illage Council. I~. Such application shall be accompanied by a license fee of X100.00 for each day for which a license is sought, and shall be made at least 90 days prior to the day or days for which the license is sought. 5. The application shall s ta.te the following: A. The owner or owners of the enterprise: if a corporation, the names of the officers; ;and the addresses of the owners and officers listed. With reference to each person, firm or corporation listed, said application shall state whether or not such person has ever been convicted of any felony or misdemeanor, and if so, the date, place, and nature of the offense. B. The place or places where such enterprise has been actively operated during the ].art three months of actual operation preoeding the application. C. The number of vehicles that will be used in the transportata.ng or operation of said enterprise, and the license number of each such vehicle. D, The proposed loaa.t3on for the the said activity while within. -the village limi ts; the area of said property to be devo ted to such use; and the owner of said property. E. The space available for parking of vehicles wi thin one block of said proposed location and where such proposed space is private property, the written consent of the owner of such property. F. The sanitary facilities available to persons on the said proposed location, and if privately owned, the written consent of the owner of such facilities. G, The hours of each day during which the applicant seeks a license to operate. H. The names and addresses of persons, if any, who will act as special poliee officers or watchmen on said proposed location while the said enterprise or equipment connected therewith is located within the village. 90~ I. The anticipated maximum number of persons likely to attend the enterprise at any one time. 6. The said application shall be accompanied by a bond, or certified check mn. the sum of X1,000.00 obtained by the operator (not the sponsor) conditioned upon faithful compliance wi th the terms of this ordinance and all other ordinances of the Village by the operator and his agents, employees, associates or other persons acting for or on behalf of said operator. 7. The person making and signing the application shall ~ charged wi -Ish responsibility for the truth and accuracy of the statements and representations made in the application, and the making of any false statement or intentionally misleading statement in said appLi.cation shall constitute a violation of this ordinance. 8. In theevent that the license applied for is granted and the facts relative to any matter contained in the application -are changed before or during the time said enterprise is conducted within this Villa.ge~ the applicant,. or . his agent sha11 immediately notify the v311age manager of such change, giving such information with respect thereto as the terms of this ordinance may require. 9. Upon receipt of the applica.ti.on, the village clerk shall review the same to determine whether said application is complete .in all particulars, If incomplete, it sha11 be retum.ed to the applicant as promptly as possible, to enable him to complete the application. l0. Upon the receipt of the completed application, the clerk shall refer the same to the Chief of Police for review and for review and for such investigation of traffic problems, criminal records, safety precautions and other matters related to public safety and welfare as may be deemed necessary under the circums~an.ces. 11. Said application shall also be referred to the Health Officer who shall review the same with regard to sanitation. 12. F.a.ch of the persons reviewing said application may request such further information from the applicant as is reasonably necessary °to make a determination of any questa.on of public health, safety, or general welfare connected with his department. Upon completing his review, each such person shall endorse his written approval. or disapproval, of the a pplicaton. If disapproved the reasons for such disapproval shall be stated. Each such person may Bondi Lion his approval upon compliance with Bondi tion s which he shall se t forth in writing. 13. Following feview by said persons if any conditions to approval have been attached to said applica.tion_: the applicant sha11 b e nota.fied and he shall endorse his written consent to abide by such conditi.~ns upon the application. If he is unwilling to do so he shall so indicate in writing. 1L~.. Thereafter the application shall be presented to the Village Council at its next subsequent meeting. The Village Council may either grant or deny the license. In granting the license, the Council may impose the conditions recommended, or such other or further conditions as they shhl.l in t~n.eir descretion, determine necessary to the public health, safety, convenience, or °general welfare. Failure to abide by the conditions imposed in granting the license shall constitute a violation of this ordinance. ( Ordinance No. 3,30 Cony t.) 15. Prior -to the time that the enterprise is commenced the applicant shall furnish the village manager with the following information : A. The name and address of each person who will be employed or~engaged in the enterprise within the village; and ~khe maw. and address of each person operating a ride, show, concession or activity in which such person will be~engaged. B. The nature of each show, exhibition, concession, ride or Sher activity connected with the enterprise. C. The size and location of each tent or structure to be used in connection wi th said enterprise. ®. A .plot plan showing the location of each tent o r s true tore on the grounds, its sire, naiaire, and relationship to other struciaa.res or buildings within 220 feet. E. The plan for lighting the area during the evening, and the number and location of public .address systems, calliopes and similar devices. F. The names of persons, if any, who will remain ~on the proposed site .' dui~.n.g the hours when said enterprise ,is not in operation. G. The fire-fighting equipment available on said proposed si te. 16. During the period that said enterprise is being located on the site and during its operation, the health' officer, building inspector, chief of police, and building inspector shall be empowered to make such emergency orders as may be necessary too assure the public health, safety, convenience and general welfare, and failure to observe such orders shall cons ti tote a violation of this ordinance. 17. No such enterprise shall be conducted nor shall any duiy in connection therewith an the site be performed by any person who has been convicted of any crime or misdeameaanor, involving moral turpitude. 18. For each such enterprise the app]a.cant shall pay to the village the cost of maintaining one police officer on the site at all times during setting up and operation. Such officer shall be furnished by the village. The cost~of paying such .officer shall be paid to the village at the tame of making application, and shall be in addition to the license fee hereinfore provided. ~.9. No such enterprise shall be conducted unless adequate provision has been made for police protection of equipment and of persons attending said enterprise.. 20. No part of said enterprise shall involve lewd or obscene .features, or gambling concessions, or games of chance, or actors or other persons connected ' therewith who are engaged .in immoral or dishonest pursuits, or any activity having a detrimental effect upon the health o r morals o f the communi ty. . 21. Provision for•fire protection shall be made so as to reduce the hazard of fire to persons and property to substantia3.ly -the same extent as in permanent structures in this village. _ , 22. Provision shall be made for parking so that parking on public streets, alleys, and public ways will not be necessary to accommodate the anticipated attendance at said. enterprise. ~~ .. ~':. 23. Provision shall be made for adequate sanitary facilities for all persons attending or participating in said enterprise. 2l~. bdithin 2!~ hours of ter said enterprise has ceased to be in operation, the entire area upon tJhich it was conducted shall be cleaned of all advertisements, paper, refuse, temporary structures, lumber and similar materials by the applicant, his agents or employees, and the property shall be left in a safe and sanitary condition in all respects. 25. ,All parts of all bvi.ldings, tents or other structures shall be kept open to police, fire and health inspection at all times. 26. Transporting said enterprise to, from, or within the Village of lti.chfield shall be done in such manner as to avoid damage to any public or private property. 27. No intoxicating liquor shall be consumed, sold, or be ..permitted to be consumed or sold on the premises l.i.censed for said enterprise, and all provisions of the ordinances of this village relative to intoxicating and non-intoxicating liquors shall be strictly observed and enforded. 28. The Village Council, in grant9ng a license to an applicant, may impose such conditions as they may deem necessary to secure the public health, safety, convenience and general welfare and violation of such conditions shal]. con s ti tote a viola lion of this ordinance. . 29. Upon conviction for a wilful violation of this ordinance, the Village Manager may immediately suspend the license of any licensee hereunder. Upon such suspension the police officers of the vi.lla~e shall order the licensee or any o~f his agents or employees to cease the activities in which they are engaged in connection with such enterprise, and failure to comply tea. th such order shallbe effective until the next meeting of the Council, at which tame ~kdie Council may either continue such suspension for a specified period, lift such suspension, or revoke the license. Failure to act at such meeting shall result in a lifting of the suspension. Such suspension or revokation shall be in addition to the penalties herein provided. 30. The Village Council may waive the license fee where said enterprise is 'operated or sponsored by a civic , religious, veterans, or charitable organiza~ on. 31. Nothing herein contained shall be cc~.stru.ed as in any way abrogating or detracting from the provisions of Mixmesota Statues Annotated. Section 616.39. 32. Should any section, paragraph, sentence, phrase or clause of this ordinance be declared invalid for any reason, it is the intention of this Council that all other provisions shall remain in full force and effect. ' 33. Any person, firm or corporation vhlating any provision of this ordinance shall, upon conviction therefor, be punished by a fine not to exceed X100.00 or by imprisonment for not ffio exceed ~ days. Each person engaged in the violating of this ordinance shall be deemed a separate offender, and in case of violations of a continuing nature each day of such violation shall ~ constitute a separate offense. ~ -. As assed b the Council this 2 rd' da of Februa 9,53. 3 y ry /~. iTl,~. U N P~"YO t~~ E `~~ bEROY RAF31®N R ,i'rierter's Afficta~rit of ~ub6iz~tron. (4n rgc~7roce ~ieith th® 'Statutes o~ 1~35D, ~ffda~t ~f A~,blicatian ...The Richfie/d~loomi~to~ ~less~r~ep STATE OF MINNESOTA 1 ~ COiTNTY O'F HtENNEPIN ` ..~~,~'3~#Rxsf~ • ~~: g~~ • ........................ being duly sworn on oath says: that ~e now is, and during all the times herein stated has been the publisher....tand printer....of the newspaper known as The Rnch~ield-IBdoosnington Messenger and has fu11. knowl- edge of the facts herein stated. That for mare than one year immediately prior to the publi~catioa therein of the printed .........OZ}din,axlGa ....... .... ..... hereto attached, said newspaper wins printed and published in the English Ianguage from its known office of publication within the Village of Rich~fie1d in the County of Hennepitt, State ~f Minnesota, on Thursday o'f each wee4c in column +and sheet form equivalent in space to over 45Q running inches of single column two inches wide; has been issued from a known offfice established in said place of pwblica- tion equipped with skilled workmen and the necessary material for preparing and printing the same; has had in its makeup not less than twenty-five .per cent otf its news columns devoted to local news of interest to said community it .purports to serve, the press work of which has been done in its said known office of pu+blicaton; has con- tained general news comments and miscellany; has not duplicated any other pubblication; has not been entirely made up of patents, plate an.atter and advertisements; has been circulfated at and near its said place of publication to •the extent of over 240 copies regularly de- ]ivered to paying swbscrilhbers; has ,been entered as second class mail matter in •the localpost ofifice of its said place of puiblication; that Rh~ere h'as been on file in the o~flfice of the County Auditor of said county the afifidavit of a person having first hand knowledge of the facts constituting its qualification as a anewspaper for publication of legal notices; and that its publishers have complied with alI demands of said County Auditor for proofs of the said qualification. That the ,printed .. • • •~~'~ 3~~RG~ .................. .hereto attached as ~. part hereof was• cut from the columns of said news- paper; was published therein in the English language once each week for..... ~><l,E*...... successive weeks; that it was first published ~~ on the. ~.~~:........ .day of:~~~'.~-1'.........1~t~.., and that the following is a copy of the lower case alphabet which is acknowledged to have 'Been 4he size and kind of type used in the publication of sSid•..... .0~'.I},Gf J. . ......... . ~Ib.©d~fghi3>~il~m7~nop~grsl;u~vwzyz--,8. pt.. -I Subscribed and .swain to before me this.~~.':.tTay of. ..r G .kf~• . ... Notary ~'F~11-e'r-m~ic~~l®a ~ts6ntc .'al~inp esot Minn, ~• My Commissi~'iy ~~wi:~on-ExPires•!a'n:'25,'T959 .. __ ~ i .. ~~' ~ ~ ~ i ORDIN~'V~E N0. 3.30 AN ORDI~\ANGU+ PR4VInING I+`OR THE IsICENSIIVQ• ANI) REGUIaATING OF ITINERANT ("AR1~'IVAI.~ AND ROAR SHOWS 1CN THE pILLAGE+ OF RdCHFIII•;I~D The Village Council of 'the Vi1- lags of Richfield do ordain as fbilows c 1. No person, firm. or corpora- tion shall engage in the business of keeping,' maintaining, conduct- ing, operating or exhibiting any itinerant. carnival, street show, street fair, sideshow, circtis,`~ os any. similar enterprise in the Vil- lage of Richfield without first obtaining a license to do so from the V1Ilage Council as hereinafter provided. 2. An itinerant :carnival, street show, street lair, sideshow, circus, or other similar enterprise, with-" in the meaning of this ordinance. shall include any such enterprise which is held, operated or carried _ on in the out-of-doors or in tem- porary structures or tents upon or within any public or private ground, at which there eongre-~ gates and assembles, with or with- out the payment of an admission fee, a gathering of people. This ordinance shall not apply to en- terprises consisting entirely of amusement rides; refreshenent stands; educational . e~•hbits of local origin not customarily used.. in convection with zany such it- inerant .carnival, street show or similar ant®rprise; or any com- bination of these. 3. Any person, firm or corpora- tion desiring to engag® in any. activity fbr - which a license is re- quired by this ordinane®, shall First make application to the Yi1- loge •Council. 4: Such •applieaton.shali 'be e,C- companied 'by a license fe® of $100.00 for each day for which a license ..is -ought, and shall be made at least 90 days prior to , toot the sponsor) conditioned tent or structure to be used upon faithful compliance volth the connection-with said enterprise. terms of Ehis ordinane® and. all D. A plot plan showing the 1 other orctinanees of this Village cation of each tent or struetu by th®- operator and his ageuta, on the grounds, its size, natur entpioyees, associn,tes or other sand --a•~lntionship to other stru persons• .acting. for. or o.n behalf of fuses or buildings. within 2 _ said operator: feet. 'f..The person making and sign- E, the plan Por lighting thear ing the application shall be oharged during the evening, and the nu with responsibility for the truth 9~®r and location of public a and accuracy of the statemtanc5 dress systems, calliop®s and s and representations made in -the filar devices. .application, .and the making of ~. The names o4 persons if an any false statement or intension- ' , who will remain ~on the propose s,11y misieati~ing .statement in said s,pplication shall constitute a vlu- site during •the fours when sa! ; lotion of this ordinane® enterprise is not in operation. . • G. The fire-fighting equipme S. Tn the event that the lieex~s® available on said proposed site.. applied for is granted and the 16. During the period that sal Pacts relative to any matter coo- Enterprise is b®ing located on th taiudd in the ,application .are site and during its operation, th changed before or during the " health officer, building inspecto time said enterprise is conducted chief of police, and building. i within this Villag®, th®-applicant, speetor shall •be empower®d t or his ageat shall immediately make such emergency. orders a notify the village manager •of such may be necessary to assure t$ change, .giving such information public health, safety, convenient with respect thereto as the terms and general welfare, and faiIur of this ordinance may require. I to observe such orders shall co' 9. Upon receipt o•f the applica- stitute a violation of this ordi tion, the village clerk shall re- ante. ~ .view the same to determine . 17..No such enterprise shall b whether said application is tom- conducted nor shall any duty i• plete in .all particulars. If incom- connection therewith on the sit plate, it shall be returned to the be performed by any person wh applicant as promptly as possible, has been convicted of any crime o to ®nable him to complete the ap-. misdes,meanor involving more plica,ti~os. turpitude. 10. Upon receipt of the tom- 1&. For each such enterpris plated s,pplicatian, the clerk shah the.-a,pplcant shall pay to the vi: refer the same to the Ckief of lags the cost of maintaining on Police for review and for such- police officer on the site at al investigation of traffic problems, times during setting up an criminal records, safety precau- operation. Such officer shall b tions and other matters 'related furnished by the village. Th®. cos to public safety and welfar® as of paying such officer- shall b may be deemed necessary. under paid to the village at the time o the cir_cuznstanceg. making application, and shall b 1i., ~Sai~ applicationshall ai~so- in addition ~ to th~® license f be referred to the health Officer hereinfore .provided, why shall .review the same with 19. No such enterprise shall b regard •to sanitation, conducted unless adequate pro L2~ ~aeh of the persons review- vision has bean made for poIie