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If the application is that of a natural person, the application shall be signed and sworn to by that person; if of a corporation, by an officer thereof; if of a partnership, by one of the general partners; if of an unincorporated association, by the manager or managing officer thereof.
(1958 Code, § 128.11) (Ord. 157, passed 11-21-1958; Ord. 87-45, passed 6-15-1987; recodified by Ord. 95-13, passed 8-7-1995)
(a) Verification. Applications for licensees under this Division C shall be submitted to the
. The
is empowered to conduct any and all investigations to verify the information on the application, including ordering a computerized criminal history inquiry and/or a driver’s license history inquiry on the applicant.
(b) Consideration. Within a reasonable period after the completion of the license verification process by the
, the
shall accept or deny the event or annual establishment license application in accordance with this Division C. If the application is denied, the
shall notify the applicant of the determination in writing. The notice shall be mailed by regular mail to the applicant at the address provided in the application and it shall inform the applicant of the applicant’s right, within 20 days after receipt of the notice by the applicant to request an appeal of the
determination to the City Council. If an appeal to the City Council is timely received by the
, the hearing before the City Council shall take place within a reasonable period of receipt of the appeal by the
.
(1958 Code, § 128.12) (Ord. 74-96, passed 11-18-1974; recodified by Ord. 95-13, passed 8-7-1995; amended by Ord. 98-7, passed 3-2-1998; Ord. 2008-15, passed 5-5-2008)
(a) No person shall be allowed to be in charge of a special event licensed under this Division C if such person:
(1) Is not of good moral character and repute;
(2) Has had a conviction of any crime that is directly related to the occupation licensed herein, as prescribed by M.S. § 364.03, subd. 2, as it may amended from time to time, and the applicant has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties as prescribed by M.S. § 364.03, subd. 3; as it may amended from time to time;
(3) Knowingly misrepresented or falsified information on the license application; or
(4) Is not 18 years of age or older on the date the license application is submitted to the
.
(b) The
may deny a special event license if it finds that the applicant failed to comply with this Division C during previous special events.
(1958 Code, § 134.01) (Ord. 64-5, passed 2-17-1964; Ord. 66-73, passed 12-19-1966; Ord. 67-67, passed 12-18-1957; Ord. 91-8, passed 2-4-1991; recodified by Ord. 95-13, passed 8-7-1995; Ord. 97-4, passed 2-18-1997)
(a) Display of license. A license issued pursuant to this Division C must be posted at all times in a conspicuous place on the premises or in the room in which the
is held.
(b) Maintenance of order. A licensee under this Division C shall be responsible for the conduct of the
and shall maintain conditions of sobriety and order.
(c) Limitation on number; effect of license. A special event license issued pursuant to this Division C is effective only for the time and place and for only the applicant specified in the approved license application. No more than two special event
can be sponsored in the city by the same person, group, organization or association in a 12-month period.
(d) Prostitution; illegal drug use. A licensee under this Division C shall not allow any person to engage in prostitution or to sell or use illegal drugs on the premises or room in which the
is taking place.
(e) Hours of the event. No
shall take place during times in which the sale of on-sale intoxicating liquor is prohibited under § 13.50 of this code.
(f) Insurance. An applicant for an annual establishment license shall submit proof to the
that general liability insurance in the following minimum amounts will cover the premises: personal injury, $200,000 (claim)/$600,000 (aggregate) and property damage, $50,000.
(g) Location of event.
shall take place on only premises holding an annual establishment license issued under this Division C and licensed as a hotel/motel, a club, a (Type I or II) food restaurant, a restaurant in which intoxicating liquor is served or an establishment licensed for on-sale 3.2% malt liquor.
(h) Inspections. Prior to any issuance of a special event license under this Division C, the applicant shall comply with all requirements imposed on the event by the City Building and Inspections Division, including, but not limited to, fire code provisions, limits on the number of people who can attend and the type and number of gaming equipment to be operated. In addition, sufficient off-street parking shall be provided for persons attending the event.
(1958 Code, § 134.02) (Added by Ord. 66-73, passed 12-19-1966; Ord. 67-67, passed 12-18-1957; Ord. 91-8, passed 2-4-1991; recodified by Ord. 95-13, passed 8-7-1995; Ord. 96-67, passed 12-16-1996; Ord. 97-4, passed 2-18-1997; Ord. 2007-17, passed 4-9-2007)
(a) Free event. No tickets shall be sold or money or other consideration charged to participate in the
or for a meal or other entertainment accompanying the
. No monies shall be collected from persons attending the
to cover the expenses of the event or any prizes or gifts to be distributed during the event.
(b) Play money. Only scrip, play money or tokens can be used to operate the equipment at the
.
(c) Prizes. If any prizes or gifts are distributed by virtue of the scrip, play money or chips, all such prizes or gifts must be donated and not paid from any monies collected from the persons participating in the event. In no case shall any prize or gift distributed during the event be cash.
(d) Dice. No games using or involving dice shall be allowed during a
.
(e)
. The licensee shall allow no
to take place during the event.
(f) Gambling device. No gambling device shall be allowed on the premises during the event.
(g)
. The licensee shall not allow
to take place or
to be operating at any time during the event.
(h) Minors. No person under the age of 18 years shall be allowed to operate any of the gaming equipment used during the event.
(i) Private event. The
shall be private and not be available for the participation by the general public.
(j) Use of
. In the area or room in which the
takes place, no
shall be operated.
(k) Access to public rooms. The
shall take place only in a room or area that is reasonably removed from areas open to the general public.
(l) Fundraising prohibited. No
shall be part of a fundraising event open to the general public.
(m) Profiting from events prohibited. No person sponsoring a
can profit in any way from the event itself.
(n)
. No licensee shall convert the
into a
.
(o) Criminal violations. No licensee shall violate M.S. §§ 609.75 through 609.762, as they may amended from time to time.
(1958 Code, § 134.02) (Ord. 116, passed 11-21-1958; Ord. 64-5, passed 2-17-1964; Ord. 66-73, passed 12-19-1966, renumbered to § 134.03; Ord. 67-67, passed 12-18-1957; Ord. 68-92, passed 11-4-1968; Ord. 70-26, passed 6-15-1970; Ord. 74-102, passed 11-18-1974; Ord. 75-62, passed 12-8-1975; Ord. 76-59, passed 12-6-1976; Ord. 80-55, passed 12-15-1980; Ord. 81-58, passed 11-23-1981; Ord. 82-38, passed 9-27-1982; Ord. 87-77, passed 10-16-1987; Ord. 91-8, passed 2-4-1991; recodified by Ord. 95-13, passed 8-7-1995; Ord. 97-4, passed 2-18-1997)
(a) Suspension or revocation. The City Council may suspend or revoke a license issued pursuant to this Division C for a violation of:
(1) Fraud, misrepresentation or false statement contained in a license application or a renewal application;
(2) Fraud, misrepresentation or false statement made in the course of carrying on the licensed occupation or business;
(3) Any violation of this Division C or state law;
(4) A licensee’s criminal conviction that is directly related to the occupation or business licensed as defined by M.S. § 364.03, subd. 2, as it may amended from time to time, provided that the licensee cannot show competent evidence of sufficient rehabilitation and present fitness to perform the duties of the licensed occupation or business as defined by M.S. § 364.03, subd. 3, as it may amended from time to time; or
(5) Conducting the licensed business or occupation in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the community.
(b) Notice and hearing. A revocation or suspension by the City Council shall be preceded by written notice to the licensee and a hearing. The notice shall give at least eight days’ notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The notice shall be mailed by regular mail to the licensee at the most recent address listed on the license application.
(1958 Code, § 134.04) (Added by Ord. 74-102, passed 11-18-1974; Ord. 87-77, passed 10-16-1987; Ord. 91-8, passed 2-4-1991; recodified by Ord. 95-13, passed 8-7-1995; Ord. 2008-15, passed 5-5-2008)
A violation of any provision of this Division C shall be a misdemeanor.
(1958 Code, § 134.03) (Ord. 64-5, passed 2-17-1964; Ord. 66-73, passed 12-19-1966, renumbered to § 134.04A; Ord. 74-102, passed 11-18-1974, renumbered to § 134.05; Ord. 80-55, passed 12-15-1980; Ord. 91-8, passed 2-4-1991; recodified by Ord. 95-13, passed 8-7-1995)
If any section, subsection, sentence, clause, or phrase of this Division C is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Division C. The City Council hereby declares that it would have adopted the ordinance in each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
(1958 Code, § 134.04B) (Ord. 74-102, passed 11-18-1974, renumbered to § 134.06; Ord. 91-8, passed 2-4-1991; recodified by Ord. 95-13, passed 8-7-1995)
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