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§ 111.01 AMUSEMENT DEVICES.
   (A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      AMUSEMENT DEVICE. Includes a game of skill, a coin amusement or a video game, as defined in this section, or any combination thereof.
      ARCADE. A contiguous area in which more than six amusement devices are kept for use by the public generally.
      COIN AMUSEMENT. Any machine which upon the insertion of a coin, token or slug, operates or may be operated and is available to the public generally for entertainment or amusement, which machine emits music, noise or displays motion pictures.
      DISTRIBUTOR. The person who places amusement devices on premises not owned by him or her or under his or her control, which devices may be played by the public generally for a price paid either directly or indirectly.
      GAME OF SKILL. Any device excepting pool and billiard tables, bowling alleys and shooting lanes, but including miniatures thereof, played by manipulating special equipment and propelling balls or other projectiles across a board or field into respective positions whereby a score is established, which is available to be played by the public generally at a price paid either directly or indirectly for the privilege.
      VIDEO GAME. Any electrical device which displays objects on a screen and upon insertion of a coin, token or slug may be played by the public generally for entertainment or amusement.
   (B)   License required. It is unlawful for any person to have upon premises owned or controlled by him or her: any amusement device; or operate an arcade, without a license therefor from the city. It is unlawful for any person to be a distributor without a license therefor from the city.
   (C)   Exception. This section shall not apply to video games of chance under the control of the Charitable Gambling Control Board.
   (D)   Unlawful use and devices. It is unlawful for any person to: sell or maintain a machine or device which is for gambling or contains an automatic pay-off device; give any prize, award, merchandise, gift or thing of value to any person on account of operation of the device; sell or maintain, or permit to be operated in his or her place of business, any amusement device equipped with an automatic pay-off device; equip any amusement device with an automatic pay-off device; permit persons under the age of 18 years to play or operate any game of skill; permit the playing of coin amusement machines between the hours of 1:00 a.m. and 6:00 a.m. of any day; or permit the playing of coin amusement machines within 600 feet of any church, public or parochial school or playground.
(2003 Code, § 6.30) Penalty, see § 10.99
§ 111.02 DANCES.
   (A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      PUBLIC DANCE. Any dance wherein the public may participate by payment, directly or indirectly, of an admission fee or price for dancing, which fee may be in the form of a club membership, or payment of money, directly or indirectly.
      PUBLIC DANCING PLACE. Any room, place or space open to public patronage in which dancing, wherein the public may participate, is carried on and to which admission may be had by the public by payment, directly or indirectly, of an admission fee or price for dancing.
   (B)   License required. It is unlawful for any person to operate a public dancing place, or hold a public dance, without a license therefor from the city.
   (C)   License fee. The license fee shall include the cost of providing attendance of a police officer, or officers.
   (D)   Application and license.
      (1)   A verified application for a dance license shall be filed with the city and shall specify the names and addresses of the person, persons, committee or organization that is to hold the dance, time and place thereof, and the area of the dance floor.
      (2)   All applications shall be accompanied by affidavits of two residents showing that the applicant is of good character and reputation in the community in which he or she lives, that he or she has not been convicted of a felony, gross misdemeanor, or violation of any public dance laws within the past five years. No license shall be issued to any person who has been so convicted.
      (3)   No license shall be granted by the Council for any place having so-called “private apartments” or “private rooms” furnished or used for any purposes other than a legitimate business purpose which adjoins the dancing place, or which may be reached by stairs, elevators or passageway leading from the dancing place. Nor shall a license be granted for any place which is not properly ventilated and equipped with necessary toilets, washrooms or lighting facilities.
      (4)   Applications may be referred by the Council to the Chief of Police for investigation and report prior to being acted upon by the Council.
      (5)   The Council shall act upon all dance license applications at a regular or special meeting thereof, whether or not it is included in the call or agenda of the meeting.
      (6)   At least one security person shall be present at every public dance during the entire time the dance is being held. Before any person may be employed as a security person, the Chief of Police shall conduct a background check of that individual and shall approve the employment of that person as a security person. The security person shall be employed and compensated by the individual or organization applying for the dance permit.
      (7)   The dance license shall be posted in the public dancing place and shall state the name of the licensee, the amount paid therefor, and the time and place licensed. The license shall also state that the licensee is responsible for the manner of conducting the dance.
      (8)   No license shall be issued to any applicant under the age of 18 years.
   (E)   Dance regulations.
      (1)   Obscenity and immorality prohibited. It is unlawful for any person to dance, or for a licensee to permit or suffer any person to dance at any public dance in an indecent or immodest manner. It is also unlawful for any person at a public dance to speak in a rude, boisterous, obscene or indecent manner or for any licensee to suffer or permit any person so to act or speak in any public dancing place.
      (2)   Illumination. Every public dancing place shall be brightly illuminated while in public use, and dancing therein while the lights are extinguished, dimmed or turned low so as to give imperfect illumination is prohibited.
      (3)   Certain persons prohibited. No licensee shall permit any unmarried person under the age of 16 years, unless the unmarried person is accompanied by his or her parent or guardian, to remain in a public dancing place. Nor shall any licensee permit any intoxicated person, or other person who persists in violating the law, to be or remain in a public dancing place.
      (4)   Hours of dancing. No public dance shall be held on any day between the hours of 1:00 a.m. and 6:00 a.m.
(2003 Code, § 6.31) (Ord. 32, passed 5-19-1991) Penalty, see § 10.99
§ 111.03 SHOWS.
   (A)   License required. It is unlawful for any person to present any public show, movie, caravan, circus, carnival, theatrical or other performance or exhibition without first having obtained a license therefor from the city.
   (B)   Exceptions. No license shall be required in the following instances:
      (1)   Performances presented in the local schools and colleges, under the sponsorship of the schools and colleges, and primarily for the students thereof only;
      (2)   Performances of athletic, musical or theatrical events sponsored by local schools or colleges using student talent only; or
      (3)   Any performance or event in, or sponsored by, bona fide local church and non-profit organizations, provided that the organization shall be incorporated.
   (C)   Obscenity prohibited.
      (1)   For the purpose of this division (C), the following definitions shall apply unless the context clearly indicates or requires a different meaning.
         NUDITY. Uncovered, or less than opaquely covered, post-pubertal human genitals, pubic areas, the post-pubertal human female breast below a point immediately above the top of the areola, or the covered human male genitals in a discernibly turgid state. For purposes of this definition, a female breast is considered uncovered if the nipple only or the nipple and the areola only are covered.
         OBSCENE PERFORMANCE. A performance which in whole or in part depicts or reveals nudity, sexual conduct, sexual excitement or sadomasochistic abuse, or which includes obscenities or explicit verbal descriptions or narrative accounts of sexual conduct.
         OBSCENITIES. Those slang words currently generally rejected for regular use in mixed society, that are used to refer to genitals, female breasts, sexual conduct or excretory functions or products, either that have no other meaning or that in context are clearly used for their bodily, sexual or excretory meaning.
         PERFORMANCE. Any play, motion picture film, dance or other exhibition pictured, animated or live, performed before an audience.
         SADO-MASOCHISTIC ABUSE. Flagellation or torture by or upon a person who is nude or clad in undergarments or in revealing or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.
         SEXUAL CONDUCT. Human masturbation, sexual intercourse or any touching of the genitals, pubic areas or buttocks of the human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification.
         SEXUAL EXCITEMENT. The condition of human male or female genitals or the breasts of the female when in a state of sexual stimulation, or the sensual experiences of humans engaging in or witnessing sexual conduct or nudity.
      (2)   It is unlawful for any licensee, for a monetary consideration or other valuable commodity or service, to knowingly or recklessly: exhibit an obscene performance; directly or indirectly sell an admission ticket or other means to gain entrance to an obscene performance, or directly or indirectly permit admission of a person to premises whereon there is exhibited an obscene performance.
      (3)   Any prosecution under this division (C) shall include the following elements:
         (a)   The average person, applying contemporary community standards, would find the performance, taken as a whole, appealing to the prurient interest of the audience;
         (b)   The performance describes or depicts, in a patently offensive way, sexual conduct included in the definition of “obscene performance”; and
         (c)   The performance, taken as a whole, lacks serious literary, artistic, political or scientific value.
(2003 Code, § 6.32) Penalty, see § 10.99
Cross-reference:
   No sexually oriented business shall locate in any place which is also used to dispense or consume alcohol, see §114.09
   Sexually oriented businesses, generally, see Chapter 114
§ 111.04 BILLIARDS, POOL AND BOWLING.
   (A)   License required. It is unlawful for any person to keep or maintain any pool, billiard, snooker or other game table, or any bowling alley (bowling lane) available for public use without first having obtained a license from the city.
   (B)   Practices prohibited. It is unlawful for any:
      (1)   Pool, billiard, snooker or other game table licensee to be open between 1:00 a.m. and 8:00 a.m. of any weekday, or between 1:00 a.m. and 12:00 noon on any Sunday, and permit use of the licensed facilities;
      (2)   Licensee to permit any form of gambling thereon;
      (3)   Licensee to permit any person to become disorderly or to use profane, obscene or indecent language; see M.S. § 609.72, disorderly conduct, as it may be amended from time to time, regarding conduct that is illegal; or
      (4)   Licensee, not having an on-sale liquor license, to sell or possess, or knowingly allow any person on the licensed premises to sell or possess, intoxicating liquor.
(2003 Code, § 6.33) Penalty, see § 10.99
§ 111.05 TAXICABS.
   (A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      DRIVER. The person driving and having physical control over a taxicab whether he or she be the licensee or in the employ of the licensed operator.
      OPERATOR. A licensee owning or otherwise having control of one or more taxicabs.
      TAXICAB. Any passenger conveyance being driven, on call or traversing a scheduled or unscheduled route for public use or hire upon payment of a fare or at regular fare rates, but not including such as are designed for mass transportation as buses, trains or streetcars.
   (B)   License required. It is unlawful for any person to drive or operate a taxicab without a license therefor from the city.
   (C)   License issuance and display, and vehicle marking. All licenses shall be issued for specific conveyances, except as otherwise herein provided. License tags, including number and year for which issued, shall be plainly visible from the front of the conveyance. Both sides of every licensed taxicab, when in use, shall be plainly and permanently marked as such with a painted sign or appurtenances showing the full or abbreviated name of the licensed operator.
   (D)   Insurance required.
      (1)   No license to operate a taxicab shall be issued until the applicant has filed with the city Clerk-Treasurer a policy or certificate of policy evidencing coverage, under an insurance policy issued by an insurance company authorized to do business in the state, approved by the Council, insuring the person against claims, demands or losses in the sum of at least $200,000 combined single limit, for injury to or death of any number of persons or property damage in any one accident, resulting from the negligent operation, use or defective condition of the licensed motor vehicle.
      (2)   Such insurance policy shall also contain a clause obligating the insurer to give ten-days’ written notice to the City Clerk-Treasurer and to the insured or assured, before any cancellation or termination of the policy which is earlier than its expiration date.
      (3)   No such policy shall include or contain any imitation, condition or clause providing, in effect, that the policy shall not cover automobiles mentioned, described or included herein when the automobiles are driven, used, operated or maintained while the driver or occupant thereof is intoxicated or engaged in the illicit transportation of liquor. No such policy shall contain any limitation, clause or provision whatever excepting and releasing any insurer on any such policy from liability hereunder by reason of any such taxicab being driven, used or operated when the driver or occupant thereof is intoxicated or engaged in the illicit transportation of liquor. Nothing contained in this division (D)(3) shall be construed to affect the defense of contributory negligence which may be pleaded by the licensee or his or her insurer.
      (4)   If, at any time, in the judgment of the City Clerk, any such policy is not sufficient for any reason, the City Clerk-Treasurer shall require the owner, lessee, licensee or operator of the vehicle to replace the policy with another approved by the Council. If, for any reason, any policy shall become void or be cancelled or become ineffectual for the purposes set forth in this section, it shall be unlawful for any person to operate any licensed motor vehicle until a policy approved by the Council has been obtained and deposited with the City Clerk. Any license issued under this section shall terminate whenever, during the term of the license, the licensee fails to keep in full force and effect the insurance as required in this section.
   (E)   Rates. Each applicant shall file with the City Clerk, before a taxicab license is issued or renewed, a schedule of proposed maximum rates to be charged by him or her during the licensed period for which the application is made. The schedule of maximum rates proposed August 30, 2013, or a compromise schedule thereof, shall be approved by the Council before granting the license. The schedule shall be posted in a conspicuous place in the taxicab in full view of passengers riding therein. Nothing herein shall prevent a taxicab licensee from petitioning the Council for review of the rates during the licensed period, and the Council may likewise consider the petition and make new rates effective at any time. No taxicab licensee shall charge rates in excess of maximum rates approved by the Council.
   (F)   Mechanical condition. Before issuing a taxicab license, the applicant shall present to the Council a certificate signed by a competent and experienced mechanic showing that the taxicab conveyance is in good mechanical condition, that it is thoroughly safe for transportation of passengers, and that it is in neat and clean condition. A similar certificate may be required from time to time during the licensed period. In lieu of a certificate, the Council may accept the report of the Chief of Police relative thereto.
   (G)   Additional conditions. The Council may, at the time of issuance of any license or renewal of an existing license, attach the additional conditions, as prerequisites to the issuance or maintenance of the license, as are in the best interests of the public.
   (H)   Expiration. Each license shall expire one year from the date of its issuance.
(2003 Code, § 6.34) (Ord. 77, passed 5-22-1998) Penalty, see § 10.99
§ 111.06 GARBAGE AND REFUSE HAULERS.
   (A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      GARBAGE. All putrescible wastes, including animal offal and carcasses of dead animals but excluding human excreta, sewage and other water-carried wastes.
      OTHER REFUSE. Ashes, glass, crockery, cans, taper, boxes, rags and similar non- putrescible wastes but excluding sand, earth, brick, stone, concrete, trees, tree branches and wood.
   (B)   License required. It is unlawful for any person to haul garbage or other refuse for hire without a license therefor from the city, or to haul garbage or other refuse from his or her own residence or business property other than as herein excepted.
   (C)   Exception. Nothing in this section shall prevent persons from hauling garbage or other refuse from their own residences or business properties provided the following rules are observed: that all garbage is hauled in containers that are water-tight on all sides and the bottom and with tight-fitting covers on top; that all other refuse is hauled in vehicles with leak-proof bodies and completely covered or enclosed by canvas or other means or material so as to completely eliminate the possibility of loss of cargo; and that all garbage and other refuse shall be dumped or unloaded only at the designated sanitary landfill.
   (D)   Hauler licensee requirements.
      (1)   Hauler licenses shall be granted only upon the condition that the licensee have packer-type vehicles in good condition to prevent loss in transit of solid cargo, that the vehicle be kept clean and as free from offensive odors as possible and not allowed to stand in any street longer than reasonably necessary to collect garbage or refuse, and that the same be dumped or unloaded only at the designated sanitary landfill, and strictly in accordance with regulations relating thereto.
      (2)   The Council, in the interest of maintaining healthful and sanitary conditions in the city, hereby reserves the right to specify and assign certain areas to all licensees, and to limit the number of licenses issued.
(2003 Code, § 6.36) Penalty, see § 10.99
§ 111.07 CHARITABLE GAMBLING.
   (A)   Each organization which is licensed by the state to conduct lawful gambling, and which is required to file an annual financial report and annual tax returns or other reports with the Charitable Gambling Control Board, shall simultaneously file copies of the annual report(s) and tax return(s), together with all attached schedules and work sheets, and a summary explanation of the same, together with a list of donations and recipients, with the City Manager, who shall make copies available to the Council.
   (B)   The Council will not approve an application for license renewal to the Gambling Control Board of any organization that has failed to comply with the reporting requirements of this section.
(2003 Code, § 6.37) (Ord. 13, passed 1-19-1990)
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